Car accidents are traumatic situations. Whether you are in a small fender bender or a serious collision, you’ll likely feel the effects of a car crash for weeks or years to come. Some people never fully recover.
It’s important that you know your rights should you ever get into an auto accident. Knowing about Colorado car accident laws can help you to act in your own best interest after an accident. Though the accident itself may have been out of your control, there are many things you can do to preserve your case and give yourself the best chance at getting compensation for your suffering.
With the help of an Adams County personal injury lawyer, you can bring your claim to court. The law allows you to seek compensation for your injuries, vehicle damages, and more. If you have to make a car accident claim with your insurance, you may be able to make a personal injury claim as well.
The Law Firm of Jeremy Rosenthal: Your Adams County Car Accident Attorney
Our law firm has been fighting for car accident victims for many years. We understand how complicated these situations can be, and we’ve seen firsthand how debilitating the effects can be physically, emotionally, and financially. This is why we fight diligently in all of our personal injury cases, and our track record reflects this. We have a strong history of winning car accident cases for our clients.
Whether you’re injured permanently or temporarily, we believe you have the inherent right to take legal action when someone else’s actions harm you. No one should get away with causing damage to other people, and fortunately, the law agrees. Our team’s extensive experience can help you get what is owed to you quickly and completely.
What Is a Car Accident Case?
Many people feel confused when they first read about car accident cases. This is because there is a common myth that insurance claims handle all of the damages from a car accident. This isn’t the case. There are many scenarios in which car insurance only covers part of the expenses incurred, and victims are left to pick up the pieces on their own.
Paying for the effects of a car accident is frustrating at best and financially devastating at worst. If the car accident occurred because of someone else’s negligence, the process is even more infuriating. This is where a car accident case comes in. Car accident cases are a type of personal injury case in which a victim presses charges against another person for causing their injury. These are usually civil cases, and the settlement reflects the severity of the situation.
It’s worth noting that not all car accidents warrant a personal injury case. These cases require that someone acted negligently or maliciously when they caused the accident.
Why Do I Need an Attorney?
If you do have a personal injury case on your hands, it’s important to seek proper legal help. Some people believe they don’t need an attorney for a personal injury case, but that’s not the case. It’s highly unlikely that you can win your claim if you go through it without a lawyer.
It’s important to remember that there is a lot on the line in personal injury cases. Your settlement can cover medical bills, lost income from time you had to spend out of work, pain and suffering, and more. If you lose, you will have to find these funds on your own, an endeavor that is impossible for many families. You could end up losing much more money without a lawyer than if you hire an attorney for your case.
Finally, car accident cases often occur because someone got hurt. If you’ve been hurt, this means you’ll be going through the healing process when your case is proceeding. For the sake of your health, it is best to hire an attorney to eliminate pressure and stress on yourself. Running your own case can easily lead to stress and fatigue, both of which can impede your healing. It’s always best to trust a professional with your legal representation.
Negligence in a Car Accident Case
When you begin your car accident case, your Adams County personal injury lawyer will aim to prove negligence in your case. The objective is to show that the other driver was not fulfilling their driving duty when they harmed you. This can feel a bit confusing, so these are some examples of negligence in a car accident case:
- Driving while texting or using a phone
- Driving while eating
- Failing to follow road signs and signals
- Neglecting road rules
- Driving while under the influence of alcohol or drugs
- Distracted driving
These are just some examples. In general, if the other driver was not following all road laws when the collision happened, they were engaging in negligence, and you have a case against them.
Proving Negligence in a Car Accident Case
Your attorney’s objective is to prove to the court that the other driver’s negligence caused the accident and resulting in injuries. When this is achieved, the court can require the guilty party to pay reparations or compensation to you for the damage that they caused. There are many ways that your attorney may prove negligence, and ultimately, their tactics will depend on your situation. However, it can be helpful to understand how your attorney may go about doing this. Some ways to prove negligence include:
- Obtaining any CCTV or video of the accident
- Finding and reviewing photos of the event and any injuries
- Contacting eyewitnesses for their statements and potentially asking them to testify
- Assessing signs and road directions in the area of the accident
- Recreating the accident on paper or digitally
These are just a few of the methods that your personal injury attorney could use in your case. No matter what, it’s important that your lawyer shows the accident was definitively caused by the other driver’s poor decisions.
Potential Injuries in a Car Accident
All car accidents are different, but there are some injuries that more commonly occur than others. It’s important to be aware of these injuries so you can watch for signs and symptoms in the weeks and months after the accident. Some injuries appear immediately, while others are much more delayed. It’s important to be aware so that you can begin building your case as soon as your injuries occur.
Common car accident injuries include:
- Traumatic brain injuries
- Spinal cord injuries
- Broken bones and torn ligaments
- Burns and road rash
- Dental injuries
- Neck injuries
- Wrongful death
Ailments like concussions, whiplash, and back pain are extremely common due to the nature of car accidents. It’s important to see a doctor if you believe you may have any of these, as they can be very serious and even life-threatening.
What to Do After a Car Accident
When a car accident occurs, you may be in shock or feel unable to take action. Having a plan can help to jumpstart your mind after a traumatic event and can help to preserve your case as well. If you are in an accident, it’s important to adhere to the following steps:
- Assess yourself for injuries. If you are slipping in and out of consciousness, do your best to stay awake and stay where you are. Similarly, if your back or neck hurts, or if you cannot move your limbs, do not move from where you are. If you feel as though your injuries are minor, you may assess the other people in the car for injuries and then get out if it is safe to do so.
- Exchange information with the other driver. Take a photo of their license, insurance, and their license plate and obtain their phone number.
- Take photos of the damage. This includes damage to the cars or vehicles, any injuries, and damage to the surrounding area.
- Take photos of nearby traffic signals and signs that may have been a part of the accident. Be sure to document the surrounding area, road, and any debris. This will be immensely helpful to your attorney, and evidence can be cleared away before your legal representation can go to the scene to assess the situation.
- Take the name and phone number of any eyewitnesses. If police arrive at the scene, note the case number as well as the officers you worked with.
- Call your attorney. The more thorough you can be, the better. It’s best to have lots of information, as you never know what might be useful in building your case.
Medical Care after a Car Accident
You will likely need to seek medical care after a car accident. The most important factor in your case is your safety and wellbeing, so try to see a doctor as soon as you can. The sooner you seek medical help, the more airtight your case will be if you have any injuries. If you wait, the other driver’s attorney will try to say that your injuries came from something other than the car accident.
When you see a doctor, request paper copies of all tests and their results, as well as their notes and any diagnoses. If you get an X-Ray or other test, be sure that you have access to a copy. All of this can be used as evidence.
When Should You Contact a Car Accident Lawyer?
It’s important to contact a car accident attorney as soon as you can. The faster you get a hold of your legal representation, the faster we can begin to build your case. The longer you wait, the more fodder the defendant has to disprove your case. If you can call your attorney from the accident scene, we can give you instructions on how to proceed. If this isn’t possible, simply call us as soon as you can.
What’s the Standard Percentage Lawyers Take After a Car Accident Lawsuit?
All attorneys are different, so it’s best to discuss these matters with your specific attorney before you begin to work with them. The average that an attorney takes in these scenarios is 33%-40% of the settlement. However, some attorneys charge more, and some charge less. Many attorneys charge by the hour, so it could depend upon how long your case takes. In all scenarios, talk about finances with your attorney before you begin working with them.
How Long After a Car Accident Can Someone Sue in CO?
The statute of limitations to sue after a car accident is three years. This means you have up to three years to press charges for someone’s negligence. However, it’s best to do it much sooner than this. If you wait three years, evidence will be gone, and your opponent will have plenty of fodder to say that your injuries resulted from something other than the accident. When possible, don’t wait until the statute of limitations is nearly over to file.
What Questions Should You Ask When Hiring a Car Accident Attorney?
It’s important to be sure your attorney can handle a case like yours. Therefore, it’s best to ask them if they’ve had experience and success fighting cases that are similar. Their track record is important, so feel free to ask them several questions to get a good idea of their history. You should also ask about payments and rates, as well as their faith in your case. You may also have other criteria that are personally important to you.
Contact Jeremy Rosenthal
If you get into a collision, it’s important to find a law firm you trust. Our personal injury lawyers can help you to build a case and obtain the settlement that you need and deserve. Our expertise offers you an advantage over your opponent and peace of mind throughout the process. We have a strong history in this industry, and we are confident that we can help you through this process with professionalism and ease.
For more information about our firm, our history, or what we can do for you, please contact us online today.