Drivers Making Phone Call After Traffic Accident, looking concerned
A sudden car accident can leave you shocked and overwhelmed. While your health and wellbeing should be your foremost priority, you need to also consider if the accident was a result of the other driver’s negligence. Colorado is a fault state, so you can ask for compensation from the at-fault driver, who will pay for the same through their insurance company. Although not necessary by law, you should also consider hiring a skilled Colorado Springs car accident lawyer. In this post, we are sharing more on important laws and when you should get an attorney.
The statute of limitations
Like other states, Colorado has a statute of limitations too. As per the statute of limitations, you have three years, from the date of accident, to file a personal injury lawsuit against the at-fault driver. In case you want to just sue for vehicle damage, the deadline remains the same. However, if the accident led to someone’s death, the immediate family, if they want, must file the wrongful death lawsuit within 2 years, counting from date of death. Note that the statute of limitations doesn’t apply to insurance claims. The insurance company of the at-fault driver and your own insurer should be notified within a reasonable time.
The modified comparative negligence rule
Colorado follows the ‘modified comparative negligence’ rule when it comes to car accidents. For instance, if you were given $10,000 in settlement for your losses and injuries, but were also 20% at fault for the accident, you will eventually get $8,000. However, if your share of fault is more than 50%, you cannot recover anything at all.
Why do you need an attorney?
It is important to understand that accidents are rarely simple in the real world. Even when you had a minor share of fault, the insurance company of the at-fault driver may pin the blame on you. A car accident lawyer can ensure that your rights are protected. Right from the first consultation, they will give a fair overview of the expected timeline. Your lawyer will also help in determining a fair compensation for your damages. They will also handle the paperwork, claims process, and everything else related to the case.
If you are hiring a car accident lawyer for the first time in Colorado, ask them about their experience and expertise. Most attorneys take personal injury cases on a contingency basis, so you don’t have to pay lawyer right away.
