The thought of filing a lawsuit after you have been injured in a car accident can seem overwhelming. It may ease some of your worries to have a better understanding of your options and when to consider going to court for a car accident settlement.
If you have questions about a possible claim, contact the personal injury team at Tenge Law Firm today.
Colorado at-Fault Insurance
Colorado is one of the majority of states that recognize fault as a factor in receiving insurance compensation. In some states, you file a claim with your own insurance rather than the responsible party’s insurance.
In Colorado, you have the option of having the person who caused the accident pay the cost of medical expenses and property damage.
This also means that you must determine who caused the accident. If there is contention over fault, consider seeking legal counsel.
Auto Insurance Requirements in Colorado
Without insurance, the victim of a vehicle accident might not have means for recovery. The minimum amount of bodily injury liability required coverage in Colorado is $25,000 per person and $50,000 per accident.
The minimum amount of property damage coverage is $15,000 per accident.
Insurers are responsible to compensate you, up to the policy limits, for damages caused by their insured. This includes pain and suffering along with other non-economic damages.
Insurance companies may try to omit these damages from your settlement, in which case your attorney will send a demand letter requesting their inclusion.
You may have to file a vehicle accident lawsuit if the company does not offer a fair settlement and possibly even take the case all the way to trial.
Unfortunately, if a serious injury occurs, you may require more than the policy limits to cover current and future expenses. You deserve to be fully compensated.
This may require suing the negligent person directly or seeking other sources of recovery. Your attorney can help you understand your options and maximize your compensation.
Settling Disputes Through Negotiation
If you choose to pursue litigation, you will not necessarily end up with your car accident lawsuit going to trial. Your vehicle accident lawsuit will go through a pretrial process.
Negotiation is a key factor in the process. You make a settlement offer and the defendant may counter. Generally, this negotiation process is conducted by the attorneys for both sides, with the goal of reaching a settlement that is agreeable to both parties.
If an agreement can not be reached, you may find yourself going to court for a car accident vehicle settlement. The majority of vehicle accident lawsuits settle during pretrial negotiations.
Filing a Vehicle Accident Lawsuit
Under Colorado Revised Statutes 13-80-101, you have three years from the date of the accident to file a lawsuit, but waiting that long can make it more difficult to succeed.
Going to court for a car accident settlement could help maximize your claim. In that case, the judge and jury are responsible for determining the compensation you truly deserve.
Proving negligence is a crucial component of receiving adequate compensation. Colorado follows a modified comparative negligence rule.
This means that you can still recover as long as you are not more than 50% responsible for the accident.
Hiring a Vehicle Accident Attorney
If you have been injured in a vehicle accident, you want the simplest path forward with the best result. Tenge Law Firm has been handling personal injury cases in Boulder for nearly 30 years.
We understand the Colorado legal system and the best way to get you the compensation you are entitled to. Call us today at (303) 963-9292 for your free consultation.
You can also connect with us through our online contact form. We don’t charge any fees unless you receive compensation.