Car accidents happen all the time. In most cases, it is just a matter of property damage and minor injuries. You have to make a claim against your car insurance for that. In Colorado, this is no-fault insurance. You could not make a personal injury claim against the other driver even if he or she were at fault for minor injuries.
However, if your injuries are more serious, the insurance company may not cover all your expenses. You should consult with a car accident injury lawyer in Denver such as those from law firms like The Law Offices of John D. Halepaska as soon as possible.
Below are some of the basic things you should know about personal injury claims.
Proving negligence is a basic requirement in any personal injury claim. This is harder than it appears. Negligence is not about the intention of a person to harm. It is about acting in a careless or thoughtless way that leads to harm to others.
A driver has to be reasonably careful to avoid causing harm to others. A good example of negligent behavior is texting while driving. If the driver is negligent, he or she is liable for your injuries. The trick is proving it.
A personal injury lawyer will know to gather and present evidence to convince the court judge of this if the case goes to trial.
Another tricky thing about personal injury claims in Colorado is the comparative negligence rule. According to this rule, you can still make a claim against another party even if you are partly to blame for the accident. For example, you were talking on the phone while driving at the time of the accident.
This makes you partly responsible because you may have avoided the accident if you were not distracted. A judge may consider you 35% at fault. You will only get 65% of whatever the court awards for damages.
However, if the judge thinks you are 50% or more at fault for the accident, you will not get any compensation. The lawyer’s job is to prove you are less at fault than the other party for the accident is.
Personal injury claims that go to court are expensive. You want to avoid that as much as possible by negotiating for a settlement. Most people are just as anxious to avoid court expenses, so settlements are common in personal injury claims. You can talk directly to the other party and come to an agreement.
However, you will get a better deal if you have a lawyer do the negotiating for you.
A car accident injury lawyer can help you with a personal injury claim in many ways. These interesting facts show it. It is important to choose an experienced lawyer to get the compensation you deserve.