Westminster Car Accident Attorney
Most drivers are aware of the risks they face on the road and have some idea of what to do after an unexpected accident, but few are prepared to make important decisions regarding their recovery immediately following serious accidents. A Westminster car accident lawyer can be invaluable to your recovery efforts after another driver has injured you or a loved one.
Car accidents continue to be one of the leading causes of accidental deaths and injuries throughout the United States. Car accidents happen for many reasons, but when a driver is injured because of the negligence of another driver, the injured driver has the right to pursue compensation for their losses from the at-fault driver. If you or a loved one recently suffered injuries and economic losses from a car accident in the Westminster area, it’s essential to know what you can expect from the recovery process and how an experienced car accident lawyer can help.
The Law Firm of Jeremy Rosenthal provides comprehensive legal counsel to car accident victims in Westminster and surrounding areas. Our team has years of experience handling a wide breadth of personal injury cases, including those resulting from all types of car accidents. We understand the severe toll an accident can take on a victim and their family, and we also know how difficult it can be to navigate the legal issues that follow car accidents while recovering from painful injuries. A Westminster car accident attorney can provide your best chance of making the fullest recovery possible after any kind of car accident.
Is It Worth Getting an Attorney for a Car Accident in Westminster, CO?
The damages from a car accident may not be immediately calculable. Many car accident victims experience several immediate effects such as expensive hospital bills, vehicle repair costs, and difficulties with insurance companies. However, a car accident can easily cause long-term financial problems for the victim and their family. Severe injuries can lead to expensive medical bills and time away from work, quickly creating a difficult financial situation for the victim and their family.
It’s possible that you may be hurt much worse than you initially realize. Experiencing an accident causes a surge of adrenaline that will dull pain sensations. Some people suffer injuries they do not notice until a day or two after their accident. It is important to seek medical care as soon as possible, even if you think you only sustained minor injuries. You will need the help of a seasoned legal team to recover appropriate compensation that reflects the extent of your injuries.
If you have suffered severe injuries in a car accident, it’s best to work with an experienced Westminster personal injury attorney when it comes to securing compensation for your losses. While it may be difficult to estimate the full scope of your damages at first, a reliable attorney will help you explore every potential channel for compensation and maximize your recovery from your accident.
Is It Worth Getting a Lawyer for a Minor Car Accident in Westminster, CO?
Many car accidents are minor fender benders, or accidents that only result in cosmetic damage to the vehicles involved while leaving the drivers and passengers unharmed. If your accident seems to have caused only minor vehicle damage, you may not need an attorney to help you obtain compensation for your vehicle repairs. Most minor car accidents can be resolved through auto insurance coverage. If another driver hit your vehicle and caused cosmetic damage, you can file an insurance claim against their auto insurance policy to secure repayment for your repair bill.
It’s always best to err on the side of caution after a car accident if you are unsure of the total amount of your damages. However, if you suspect that you suffered an injury or your vehicle repair costs are going to be more than a few hundred dollars, it may be worth consulting a Westminster car accident lawyer to determine whether you need to take legal action beyond an insurance claim.
When Should I Hire an Attorney After an Auto Accident in Westminster, CO?
After experiencing a car accident, your primary concern should be your personal health and safety. Depending on the severity of the accident, you may or may not be able to leave the scene of the crash on your own. Colorado state law requires drivers to notify the police of any accident resulting in significant property damage, injuries, or deaths. If you are unsure whether you need to report your accident and feel well enough to do so, you should notify the police, so an official police report is on file for the accident.
The aftermath of any car accident can be traumatic, and the tension of the situation, unfortunately, causes many victims to make critical mistakes that interfere with their later legal efforts to recover their losses. A car accident can happen in many different ways, and the best actions following a crash depend on the severity of the incident and your injuries:
- If your accident resulted in severe injuries, you may be unable to move and may not be able to call 911 on your own. In this situation, do your best to remain still and calm until first responders arrive to transport you to the hospital.
- If you sustained minor injuries but can move around, do your best to do so slowly, so you don’t aggravate your injuries. Take photos of your injuries and the vehicles, and capture some photos of the immediate vicinity. These photos could potentially help you tremendously in a future insurance claim or lawsuit. Check yourself and your passengers for injuries before checking on the occupants of the other vehicle.
- If another driver hit you and fled the scene, stop your vehicle, and call 911 immediately if you can do so. Provide them with as many details as you can remember about the hit-and-run driver. This will increase the chances of the police locating the hit-and-run driver so you can hold them accountable for their actions.
These are just a few examples of what you may need to do immediately after a car accident. However, no matter how your accident occurred, your primary concern should be your health and personal safety.
When dealing with the police who respond to your accident, remember not to admit fault in any way, even if you think you are partially to blame for the accident. Instead, answer the officers’ questions honestly and succinctly until they allow you to leave. If you are severely injured and transported to the hospital, the police may visit you to take a statement after your condition stabilizes. Once you are well enough to do so, you should obtain a copy of their police report so you can provide it to your attorney.
Whether you are transported to the hospital to treat severe injuries, or the police arrive at the scene and allow you to leave, seeking medical treatment should be your first step toward recovery from a car accident. After receiving the treatment that you require, your next step should be to contact a Westminster personal injury attorney as soon as possible to determine your best available legal options.
Main Causes of Auto Accidents in Westminster, CO
Car accidents can happen unexpectedly for many reasons. However, some of the most commonly reported causes of car accidents in Colorado include:
- Impaired driving. Driving under the influence (DUI) is incredibly dangerous and illegal. Any driver who causes an accident because of a DUI will not only be held liable for the victim’s civil damages but will also likely face criminal prosecution.
- Distracted driving. The leading cause of car accidents in the US is distracted driving. There are many forms of distracted driving, and cell phone use is the most common cause of distracted driving accidents. An experienced Westminster car accident attorney can help you gather the evidence you will need to prove the driver who caused your recent accident was distracted behind the wheel.
- Moving violations. Traffic signs and signals exist to maintain a safe flow of traffic and to allow drivers to anticipate the actions of other nearby drivers. However, when drivers fail to abide by traffic laws and commit moving violations like speeding, aggressive lane changes, turns without signaling, or illegal turns, they put other drivers at extreme risk.
- Dangerous driving conditions. All drivers should exercise caution during severe weather or in low visibility conditions. Drivers who fail to use adequate caution while driving in less-than-ideal road conditions can easily cause serious accidents.
These are just a few of the ways that devastating car accidents can happen. If you are wondering whether you have grounds for a personal injury claim after an accident, determine whether another driver is responsible for the crash and contact an experienced Westminster personal injury lawyer as soon as possible.
Proving Liability for a Car Accident in Westminster
The first step in recovering from a car accident that another driver caused is proving exactly how they caused the accident. The state enforces the fault system for resolving all vehicle accidents. This means the at-fault driver is liable for all the damages they caused to the victim, but the victim must prove fault before they can recover any compensation. You may require various forms of evidence to help establish liability for your accident in Westminster.
Physical evidence from the scene of the crash may not be available for long, and this is why photos of the accident scene can be vital to your case. Road debris, tire marks, and nearby landmarks can help establish a sequence of events, proving the cause of your accident. Your Westminster car accident lawyer may also seek various forms of digital evidence to help prove fault, such as traffic camera recordings and the other driver’s cell phone records.
Witness testimony can also be vital to your case. If anyone saw the accident happen, their statements can help substantiate your claim for compensation against the at-fault driver. If your accident involves any complex technical details, your attorney may consult expert witnesses for the valuable professional insights they can provide to support your claim.
It is important to remember that Colorado enforces the modified comparative fault statute, which applies to any civil claim for damages in which multiple parties share fault for an accident. Under this rule, each liable party has a fault percentage assigned, indicating how much of the resulting damages they are responsible for repaying. If a plaintiff bears partial fault, they lose this percentage of their case award as a penalty.
As long as a plaintiff is less than 50% at fault, they can still recover compensation. However, if they are 50% or more at fault, they lose the ability to claim compensation from any other liable party and will be personally responsible for their own damages. Your Westminster car accident lawyer can address any concerns you may have about bearing partial liability for your accident and explain the potential implications this may have on your recovery.
Commonly Claimed Damages in Westminster Auto Accident Claims
Car accidents can easily cause a wide range of damages, some of which may not be immediately calculable. In most personal injury claims about car accidents, plaintiffs can secure compensation for multiple types of damages, such as:
- Medical expenses. Colorado state law allows a personal injury plaintiff to recover compensation for their medical expenses resulting from a defendant’s negligence. You can claim both immediate expenses for hospital treatment, ambulance fees, and other short-term medical expenses, as well as anticipated future medical expenses if your injuries require extensive long-term treatment and rehabilitation.
- Lost income. Your car accident may leave you unable to work for an extended time. It’s possible to recover lost income for the time you spend in recovery, but if you are unable to return to work at all because of your injuries, an attorney can help you secure compensation for your lost future income. Your attorney will calculate how much you would have earned in the future until retirement age if you cannot work at all after your accident.
- Property damage. The damage to your vehicle is also claimable in your personal injury lawsuit. Whether you need to repair or replace your vehicle entirely, your attorney can help you determine a fair amount of compensation to seek for property damage.
- Pain and suffering. Car accidents can cause painful injuries, and these experiences are highly traumatizing for many accident victims. You have the right to claim monetary compensation for physical pain and mental suffering resulting from a defendant’s negligence, and your attorney can help you determine a fair amount to include in your personal injury claim.
It’s not uncommon for car accident victims to discover their claims are worth much more than they initially anticipated once they consult reliable personal injury attorneys about their situations. If you or a loved one recently experienced a car accident, insurance may only cover some of your damages. An experienced attorney can guide you through all your recovery options to help you maximize your compensation.
Accidents Caused by Illegal Actions
If your accident happened because another driver broke the law, it could influence your recovery in various ways, and the at-fault driver faces criminal prosecution from the state. For example, if you were injured in a drunk driving accident, you can file your case against the at-fault driver to seek compensation for your losses, and the state will file a criminal case.
It’s possible to recover additional compensation in such a case in the form of punitive damages and/or restitution. These additional forms of compensation are awarded at the court’s discretion, and the amounts paid typically depend on the severity of the defendant’s actions and their overall financial status. Penalties for breaking the law are also likely to increase significantly if the defendant has caused great bodily harm or fatal injuries with their actions.
What to Expect From Your Westminster Car Accident Attorney
The first step toward recovery for most car accident victims is insurance. All Colorado drivers must carry auto insurance policies that meet the state’s minimum coverage requirements. These minimum coverage requirements include $25,000 or more for bodily injury liability coverage, $50,000 or more for total accident liability coverage, and $15,000 or more for property damage liability coverage. It’s also advised that drivers purchase additional coverage for accidents involving underinsured or uninsured drivers.
Navigating an insurance claim after a car accident is rarely easy. Insurance companies tend to look for any justifications they can find to reduce or deny a claim. Having an experienced Westminster personal injury attorney handle correspondence with insurers is the best way to minimize the chance of pushback against a legitimate auto insurance claim. Your attorney can help you secure as much compensation as possible through insurance, and if that is not enough to fully cover your losses, they can help you proceed with a personal injury claim against the driver who caused your accident.
An experienced attorney will help you navigate your personal injury case with confidence. They may coordinate testimony from relevant expert witnesses on your behalf, subpoena traffic camera data or cell phone records, and perform various other valuable functions until your case reaches a satisfactory conclusion.
Resolving Your Personal Injury Case in Westminster
A personal injury case may seem straightforward at first, and you may believe that you can easily prove fault and establish liability for your damages. However, it’s possible for any civil claim to evolve into a complex legal battle that the average person may not be able to navigate successfully on their own.
After resolving your auto insurance claim and recovering as much compensation as you can from the at-fault driver’s insurance carrier, all remaining losses must be recovered through a personal injury suit. Your Westminster car accident lawyer can help gather whatever evidence you need to submit to the court and file your complaint. At this point, it’s possible for your case to progress to litigation or settlement negotiations.
When a case is resolved through litigation, a judge will have the final say on liability for the damages cited in the case and the compensation owed to the plaintiff. This can take a very long time, with some civil cases requiring months or even longer than one year to complete. By comparison, settlement offers the parties involved in the case a more streamlined solution as long as they are both willing to compromise.
During settlement negotiations, the plaintiff, defendant, and their respective attorneys meet privately to discuss terms for resolving the case amicably. If they are able to reach mutually acceptable terms, they can resolve the case in a fraction of the time that litigation requires. However, if settlement negotiations prove fruitless, the case will need to be resolved in litigation.
Our Westminster Car Accident Attorneys Can Help
Succeeding with your personal injury claim will depend on your attorney’s ability to prove the defendant was negligent in a manner that directly caused your accident. Your attorney must prove that the at-fault driver failed to uphold their duty of care to operate their vehicle safely and directly caused your accident. You and your attorney must also provide a complete and accurate list of all the damages resulting from the accident and prove that they resulted from the defendant’s actions only and not some other cause.
If you have any concerns about the cost of hiring an attorney, the Law Firm of Jeremy Rosenthal can provide legal counsel you can trust without charging exorbitant upfront legal fees. We take personal injury cases on a contingency fee basis. This means our client only pays our firm a fee after we have won their case, and their fee is a percentage of the total compensation we recover for them. There is no fee at all if we cannot obtain compensation for you.
Ultimately, a Westminster personal injury attorney can offer you the best chance of making the fullest recovery possible after an accident caused by another driver’s negligence. If you or a loved one is are ready to discuss your legal options with a reliable personal injury attorney in Westminster, contact the Law Firm of Jeremy Rosenthal and schedule a consultation with our team today.