Whether or Not to File a Personal Injury Case When Injured in an Accident Is the Question
Every injury seems serious to the person who got injured. But not every injury has the makings of a successful personal injury lawsuit. Here are some questions to consider when deciding whether to pursue a case.
Is there insurance coverage for the accident?
Learn whether the person who caused the accident has relevant insurance coverage. If he or she has no such coverage and also has few assets, you won’t be able to collect damages even if they’re found liable. But if you carry uninsured and underinsured motorist coverage on your own automobile policy, your insurance company may be able to provide compensation instead.
Has liability for the accident been determined?
To recover damages, you must prove that your injury was caused by another person’s negligence. If the other driver drove negligently and thereby caused your injuries, he or she could be held liable for damages, including medical expenses, lost wages, reduced earning capacity, property damage, and pain and suffering.
Were you partly at fault?
Colorado applies a modified comparative fault rule when assessing damages in a personal injury case. Under this rule, you are ineligible to be compensated if you are 50 percent or more to blame for your injuries in the accident. If you are less than 50 percent to blame, your award for damages will be reduced in accordance with your relative degree of fault.
Are your injuries serious?
If you have suffered only minor injuries, the damages you recover may be too meager to be worth the trouble of suing. But if your injuries are severe, life-threatening, or permanent, and you can prove that the other party was at fault, you may be entitled to a large recovery.
Have you waited too long?
In Colorado, you have three years from the date of an accident in which you were injured to file a legal claim against the person responsible. If you did not immediately realize that you were injured, the statute of limitations runs from the date you discovered the injury, not the date it was inflicted. Once three years from the date of injury or date of discovery have passed, it will be too late for you to file a suit.
Is your case strong enough?
To recover damages, you must prove that the other driver is legally responsible for the accident and therefore responsible for your injuries. An experienced Colorado personal injury attorney can evaluate the strength of your case and advise you about whether to proceed. You may well need an expert opinion on whether a lawsuit is practical if the liability of the other party is unclear, or you are partly to blame for the accident yourself.
Contact an experienced Colorado automobile accident attorney.
Have you or a loved one been injured in a car accident due to the negligence of another driver, and do you need help deciding whether to sue? Contact the Law Offices of Daniel R. Rosen online or call 303-454-8000 or 800-ROSEN-911 to schedule your free initial consultation with an experienced personal injury attorney today.