The Laws Involving Auto Injury Claims in Denver

Man Suffering From Whiplash After Car Collision

Man Suffering From Whiplash After Car CollisionIt’s a fact that fewer car accidents happen today compared to 10 years ago. However, there are still thousands of people injured every year in the U.S. because of it. Serious injury can lead to medical expenses, disability, loss of income, and trauma.

If you suffered a serious injury in a car accident, noted that you may be able to get compensation with the help of an auto injury attorney. Of course, you should know at least the basics before facing the court so you won’t be clueless.

Statute of limitations

There’s no time limit when making a claim with an insurance company. However, it’s always a good idea to make a claim as soon as possible. This gives the insurer enough time to investigate and process the circumstances attached to your claim. If the insurance company denies it, you have the option of filing a case in court.

If you want to file a personal injury case against another driver, you must do so soon. Colorado law requires this after all. If you miss the deadline, which is typically three years from the day of the accident, you can no longer file a case.

However, you may not even know you sustained an injury until some time later. If that’s the case, the three-year countdown starts from the time you find out about the injury. This is the date of discovery.

Comparative fault

Someone is always at fault when a car accident happens. There may be no intention to cause harm, but it happens anyway. This may be due to inattention, such as texting while driving. It could also be carelessness or maybe because of intoxication. These are all negligence on any driver’s part.

The thing is more than one person may be at fault. Colorado is a modified comparative fault state. This means you have to be less than 50% at fault in an accident to claim compensation for your injuries.

If it’s mostly the other person’s fault, but the court finds you’re partly responsible, you can get compensation less the percentage of your fault. For example, if the court finds you 25% at fault and awards you $100,000 in compensation, you will only get $75,000.

You can get compensation if you suffer from injuries in a car accident. An auto injury lawyer can discuss the laws that apply to your case, especially if you’re partly to blame, so better find a good one.