Dealing with a personal injury lawsuit can be extremely stressful, especially when you are dealing with the aftermath of an accident. It is important to understand all of the laws and regulations surrounding your case before you seek legal assistance.
Colorado Statute of Limitations
It is necessary to understand the deadlines for filing claims in Colorado. Each type of personal injury case has a different time limit but most cases will be two years. If you fail to file your claim under this two year limit, you may not be able to bring your case and you will miss out on compensation.
Who is Liable in an Accident in Colorado?
Depending on the facts of the case, liability can either fall on a person or a company. A personal injury attorney can help determine liability in an accident and recover compensation for the necessary party. Typically, the person or entity that caused the damages or injuries in the accident is liable, but there are some instances where a third party is at fault.
Colorado’s Comparative Fault Rule
Under Colorado’s comparative negligence law, a party’s damages are subject to be reduced by the percent of fault that they have in an accident. If a party was found to be 10% liable, they will receive 10% less compensation.
How to Win a Personal Injury Case
In order to win a personal injury case, you must be able to prove the following:
- Duty: You must be able to prove that the liable party had a duty to the injured party.
- Breach: You must prove that there was a breach to this duty.
- Causation: You must prove that the liable party’s actions or inactions caused the injury or damage
- Damages: The person filing the claim must prove that they are suffering from damages or injuries
If you are able to prove this criteria, you likely have a personal injury case. With the help of an attorney, you can recover the compensation you deserve. It is also best to keep the facts of the case to yourself while going through a lawsuit to avoid any false information being leaked. The best way to win a personal injury case is to accurately and truthfully present the facts of your case.
Colorado Car Insurance Laws
Colorado is considered an at-fault state, meaning the person responsible for the accident is liable for all person’s injuries. The at-fault person will have to file an insurance claim for all injuries and damage.
Do I Need to Hire a Lawyer?
If you want to recover the full amount of compensation you are entitled to in your case, it is best to hire a lawyer. Hiring a lawyer, as opposed to bringing the case yourself, will save you a lot of time and money. Personal injury attorneys are skilled in the subject matter of your case and will know exactly what steps to take to help you win. A lawyer can also help collect the evidence necessary to use in court, while you are less likely to have access to this on your own.
It is important you pick the right lawyer for you. A lawyer with decades of experience and millions of dollars recovered is likely to have success with your case. Consult with multiple lawyers before choosing the right one for you.