Six Aspects of Your Colorado Case Under Your Control
What you do right after you suffer an injury is crucial. Having a clear understanding of the aspects of your case that you have at least some control over can help you maximize your compensation. Add the following to your high-priority list:
Preserve critical evidence.
The value of your Colorado personal injury claim depends on the strength of the evidence. The more you can do to preserve relevant evidence, the better your chances of a fair recovery for damages. If possible, take photos of the scene of the accident and also of your immediate injuries. Obtain a copy of any accident report generated by law enforcement, and provide it to your attorney so that he can follow up with any witnesses listed.
Obey your doctor.
The amount of your damages will be determined at least in part by your accident-related medical care, which will provide an accurate indication of your damages. Your doctors and other health care professionals will document your injuries and formulate a treatment plan. You, in turn, should carefully follow their recommendations, including necessary physical therapy and surgery (taking into account any professional second opinions that may be called for).
Help build your case.
Don’t let your personal injury attorney do all the work. Preparing a case often requires responding to discovery requests, meeting with experts, providing records, and giving depositions. Help your attorney any way you can. If the other side senses that you aren’t doing the work necessary to substantiate your claim, they may be inclined to offer a lower settlement than they would have otherwise.
Don’t wait to file.
Procrastination will only add injury to injury. After you suffer a personal injury, you have a limited amount of time to bring a lawsuit before the statute of limitations runs out. In Colorado, injury victims have two years from the date of the accident to file a lawsuit. In some cases, victims may not at first realize that they have sustained an injury. Then the two-year time limit will begin to run from the date on which the injury becomes known rather than the date on which it was sustained.
Stay off social media.
The Miranda warning states: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” This dictum also applies when it comes to chatting about your accident and its aftermath on social media. If you claim severe injuries but your Twitter and Facebook posts paint another story, you will weaken your case and perhaps destroy it. Stay away from online platforms and let your attorney do the talking for you.
When you have been seriously injured, it’s human nature to want to settle the matter as quickly as possible. But insurance companies count on your reluctance to go the distance. So, early on, they typically offer a lowball amount to settle. Personal injury cases can take months and even years to resolve. Prepare to go the distance.
If you or a loved one has suffered serious injuries in an accident and need advice regarding a personal injury lawsuit, contact Colorado personal injury attorney Dan Rosen at (303) 454-8000 to schedule your free initial consultation.