5 Questions to Ask Before Moving Forward
Before filing a personal injury claim in Colorado, you should ask yourself (and your attorney) the following questions:
Are my injuries serious, permanent, or life-changing?
Even if another party is at fault for your accident, if you did not sustain injuries or if they were very minor, you might be wise not to file a lawsuit, since your recovery might be low — maybe not even enough to cover all your expenses. However, if you suffered a serious or permanent injury that requires expensive and potentially continuing medical treatment, therapy, or medication, a personal injury recovery can provide money for these ongoing expenses.
Was the accident partially my fault?
Colorado follows a modified comparative negligence rule. This means that if you were 51 percent or more responsible for your injury, you will not be able to receive compensation for your damages, so an injury claim will be unsuccessful. If your degree of fault was 50 percent or less, you will be eligible to recover damages, but the amount will be reduced according to your relative degree of liability.
Have I waited too long to file a claim?
The statute of limitations to file an accident-related personal injury claim in Colorado is three years from the date of the accident. However, if you didn’t realize that you were injured until later, the discovery of harm rule could give you extra time by permitting the statute of limitations clock to begin running at the time the injury was discovered, not when the injury actually happened.
Did my injury keep me from earning money?
If you lost income because you had to take time off work to recover from your injuries, filing a personal injury claim could help you recover those wages. To make a lost wages claim, you will need to document your lost income with payroll information, pay stubs, tax returns, bank statements, or a statement from your employer that summarizes the period of time that you missed work and the degree that your absence negatively impacted your pay.
Is my case strong?
To recover compensation for your injuries, you will need to prove that the other party is legally responsible for causing the accident and liable for your damages. If liability has been established through a traffic ticket, witnesses, or an admission from the other party, your case could have the potential to be successful, but if the other driver’s liability is unclear, you could be in for a fight. A personal injury attorney is typically in the best position to offer an opinion regarding the strength of your case.
Contact an Experienced Colorado Personal Injury Attorney
Are you considering filing a personal injury claim to obtain compensation for damages sustained in an automobile accident? Contact Dan Rosen at (303) 454-8000 or (800) ROSEN-911 to schedule your free initial consultation with an experienced personal injury lawyer.