Motor Vehicle and Car Accidents
When you've been injured in a car accident, your whole life can change. Similarly, if someone you love is injured in a car crash, the emotional and financial distress can be overwhelming.
Under Colorado law, the person who causes an auto accident (the at-fault driver) is financially responsible for all of the damages related to the accident. Typical damages following an auto accident may include damages to property (such as car damage), and bodily injury (damage to the vehicle occupants themselves). For legal purposes, a bodily injury claim is generally sub-divided into two categories:
- ECONOMIC DAMAGES (past and future medical expenses, wage loss, and additional expenses related to physical impairment and disfigurement)
- NON-ECONOMIC DAMAGES (pain, suffering, loss of enjoyment of life, inconvenience, physical impairment, and other similar losses)
The dollar value of these categories of damages can add up quickly. Colorado law requires every owner of an automobile in the State of Colorado to buy a minimum amount of car insurance to pay for these categories of damages. There are two types of mandatory car insurance in Colorado:
- PROPERTY DAMAGE LIABILITY COVERAGE- this coverage pays for the damage to the automobile involved in the accident and is paid out on behalf of the at-fault driver.
- BODILY INJURY LIABILITY COVERAGE- this coverage pays on behalf of the at-fault driver for bodily injuries sustained in an automobile vehicle collision.
How to Establish a Right to a Car Accident Claim in Colorado
To establish a claim for your personal injuries related to an automobile accident, three requirements must be met: 1) Fault for the auto accident must be proved, and it must be clear that the at-fault driver is responsible for causing the accident; 2) you must have incurred damages; and 3) you must prove that the damages being claimed were caused by the automobile accident.
What Can Be Recovered in a Colorado Automobile Accident Claim?
The recoverable bodily injury damages can be divided into different categories: 1) economic damages, which include past and future medical expenses, past and future wage loss, impairment of earning capacity, and other out-of-pocket expenses; 2) non-economic damages, which include inconvenience, loss of quality of life, emotional distress, pain and suffering; and 3) physical impairment and disfigurement.
Who Will Pay for My Medical Expenses After an Automobile Accident?
After being injured in an auto accident, the first question many people want answered is "who will pay for my medical expenses?" The person who causes the automobile accident (or their insurance company) is ultimately financially responsible for all of the reasonable and medically necessary accident-related medical expenses. Unfortunately, in most cases, the medical expenses are not paid by the at-fault driver (or their insurance company) at the time the medical expenses are incurred. Instead, in most cases, reimbursement for the medical expenses is one part of a single lump sum settlement fund that is negotiated only after all accident-related medical care is complete. Therefore, in the short term, (before the final settlement) in most cases, the medical expenses need to be covered by some other source. The choice made among potential payment sources for medical care may have different implications on the personal injury case.
In most injury cases it is important to have a personal injury attorney examine all of the potential insurance sources that may provide coverage to you as a result of your accident. At The Werner Law Firm, for our clients, we may examine several different interim medical bill payment sources. This examination may include examination of our clients' own car insurance coverage to see if the policy includes "medical payment" benefits. A "medical payment" benefit is an optional form of coverage that may require our clients' own auto insurance company to pay some portion of our clients' medical expenses. If no medical payment coverage exists, our lawyers may look to our clients' health insurance to cover medical expenses. If there is no health insurance available to help cover medical expenses our law firm may work with the health care professionals chosen by our clients to see if the providers are willing to provide medical care through an agreed upon "medical lien."
The First 48 Hours After Your Auto Accident---Do’s And Don’ts
The first 48 hours after your auto accident can be a crucial time that will affect your personal injury claim. Most people have not hired an attorney yet. Here are some important tips to remember:
- Do call the police from the scene of the accident to take a report;
- Do file a counter report with the police if no report has been taken;
- Do get medical care and treatment if you have any injuries whatsoever;
- Do not give a statement to the at fault driver’s insurance company until you are certain of the accident details and your injuries.
- Do call your insurance company regarding property damage to your car and medical payments coverage.
Other issues in the first 48 hours:
- Do call your insurance company regarding property damage to your car and medical payments coverage.
- Do keep notes of the accident details and your injuries.
- Do take photographs of property damage to your car and your physical injuries.
- Do start a file of all documents and papers.
Should I Hire a Car Accident Lawyer?
People often wonder if their accident or their injuries are big enough to even justify hiring an attorney. Given all the complexities that may be involved in handling injury claims, it is very important to consider having any type of injury claim reviewed by an injury lawyer.
An initial consultation with The Werner Law Firm regarding injuries sustained in a car accident is always free. If The Werner Law Firm agrees to take the case, most clients will be offered the opportunity to have us work on a "contingency fee" basis. This means the law firm is paid a percentage of what is recovered, rather than charging by the hour for our legal services.