Motor vehicle accidents can cause severe injuries, but when a pedestrian is involved, the risk gets even higher. Whether you are a driver, passenger, or pedestrian, you need a personal injury attorney with experience in car and motorcycle accidents to get you the maximum compensation for your losses
Reporting Car and Motorcycle Accidents
If you are in a car accident, you are required to report it if someone gets injured or killed, or if there is property damage. If the police have been called to the scene, you can ask the officer to file a report. If the accident was minor and the police were not called, you have to file the report yourself. Failing to file a report is a criminal offense in Colorado.
The police report and investigation are essential in a personal injury lawsuit involving a car or motorcycle accident. Having an official report stating what happened at the time of the accident will help you and your personal injury attorney build your case.
Motor Vehicle Insurance
Colorado requires car and motorcycle drivers to have auto insurance with minimum levels of liability protection. Colorado is a no-fault state, which means that the driver at fault for the accident may not be responsible for the injuries, damages, and losses sustained as a result of the accident.
Statute of Limitations
In Colorado, the statute of limitations for automobile accident cases is three years starting on the date of the accident. If you plan to file a personal injury lawsuit, you should do so as soon as possible after the accident.
If someone dies as a result of the accident, the statute of limitations on a wrongful death suit is two years from the date of the person’s death. The team at the Law Offices of James Colgan has the experience to manage the auto accident case successfully.
Colorado is a modified comparative negligence state. The court assesses blame for each person involved in the accident, including pedestrians. You can recover your losses as long as your percentage of the responsibility for the accident does not exceed 50 percent. If you are over 50 percent at fault, you forfeit claiming any financial compensation as a result of the accident.
The insurance claims adjuster will most likely be the person who assesses unless your case goes to trial, in which case the court will decide. Your ability to negotiate successfully with the insurance claims adjuster or to demonstrate to the judge or jury that the blame lies with the other party determines your compensation. The Law Offices of James Colgan can help you maximize your compensation and understand your options.
Compensation and Caps
Economic compensation reimburses you for out-of-pocket medical expenses, lost wages, and property damages. Non-economic compensation, on the other hand, covers pain and suffering, disfigurement, disability, and other damages.
If the accident resulted in death, compensation for wrongful death, loss of companionship, and loss of future income are awarded to the survivors of the deceased.
Punitive damages are also a possibility. Each of the non-economic compensations has a statutory cap, limiting how much payment you can receive. The Law Offices of James Colgan have the expertise to negotiate the settlement you deserve for your losses. Contact us today at 1(303) 990-0621.