Claim Or No Claim? Four Keys To Success In A Personal Injury Case

Sooner or later, most of us have had the experience of being involved in a car accident. In fact, insurance industry surveys indicate that three out of every four drivers on the road have been in at least one crash in their driving careers.

It’s not always clear what to do after an accident. You may be wondering whether it’s worth pursuing a personal injury claim, whether you should be talking to a lawyer, and so on. Here are four key factors to consider when you’re trying to figure out the appropriate course of action.

WHAT ARE YOUR DAMAGES?

Before making any decision about a possible personal injury claim, you should have a clear idea of the extent of your damages, including physical injuries and any property damage involved. It may not be worthwhile to pursue a claim for an incident in which no one was hurt. But you shouldn’t assume that you’re “fine” without a proper medical evaluation. It’s important to go to the emergency room immediately after an accident; some injuries may not be obvious, may not manifest symptoms right away, or might be detectable only with proper tests. In addition to getting a full medical evaluation, you should consult a personal injury attorney regarding the scope of damages that may be compensable, including lost wages, pain and suffering, and other claims.

WHO IS AT FAULT?

Determining liability in an accident is a necessary step in figuring out which driver might have to pay for any damages that occurred. Sometimes, the parties are in agreement about who’s at fault, but the question can be more complicated than it appears. A successful personal injury claim depends on being able to prove the other driver did something wrong. That proof may involve witness statements, physical evidence, a police investigation, expert testimony and more.

Colorado has a comparative negligence law, which means that a jury in a civil case may be asked to consider whether more than one person was at fault in the accident. Plaintiffs are not allowed to recover to the extent of their own negligence; for example, if you are found to be 10% responsible for the accident, your award of damages would be reduced by that amount. If a jury finds that you are 50% or more at fault, you recover nothing.

WHAT ACTIONS HAVE YOU TAKEN THAT HELP OR HURT YOUR CASE?

In highly disputed personal injury claims, the behavior of the parties following the accident can become an issue. Did you promptly seek medical attention? If not, the other side might contend that you didn’t suffer any injuries. Did you make statements to the other driver that could be construed as an admission of fault? What actions you have or haven’t taken since the crash can have a bearing on the outcome of your case.

HOW LONG AGO DID THE ACCIDENT OCCUR?

People sometimes wait months before filing a personal injury claim, or even years — not realizing that a clock called the statute of limitations is ticking away. In Colorado, the time limit for filing a personal injury lawsuit in most instances is two years; for car accidents, it’s three years. But if the defendant is the State of Colorado or some other governmental entity, the plaintiff has only 180 days to file a formal claim. As with all the other issues discussed above, it’s advisable to consult an experienced personal injury attorney before making critical decisions about filing your claim, so that you can protect your rights and get the compensation you deserve.

Three Common Mistakes People Make After A Car Accident

A car crash can be a life-altering event, and even a seemingly minor fender-bender should be taken seriously. But many people fail to take basic steps to protect themselves and their rights after a crash; they’re either too busy, too upset, or too eager to put the whole unpleasant experience behind them and get back to their daily routine. Some tend to minimize the event as “no big deal,” but that attitude can be costly in the long run.

Here are three of the most common misconceptions that help shape how people respond to car crashes — misconceptions that can adversely affect the outcome of your case.

“NO HARM DONE”

You’re not bleeding, and you don’t want to make a big fuss. You might think you weren’t injured in the collision, but it’s important to get checked out as soon as possible by medical professionals. Even if you decline a trip to the emergency room, it makes sense to get a thorough physical exam within 72 hours of the accident.

There are several reasons for this. Some severe injuries, including head trauma and whiplash, may not be apparent immediately after the accident and only manifest symptoms hours or days later. (Even low-speed impacts can result in serious brain trauma.) That initial soreness you feel might be just being “shook up,” but it could also be a sign of a herniated disc—something that might not be properly diagnosed without an x-ray or MRI. Identifying soft-tissue damage or other injuries early in the process can be a key to getting better sooner, so it’s crucial to seek medical attention promptly after a car accident. If you’re uncertain about your legal rights or need assistance in navigating the process, consulting with a car accident lawyer can provide you with the guidance and support you need.

In addition to the health concerns, there are also practical reasons for getting checked out connected to any claim you might make as a result of the injury. A delay in seeking treatment can influence how an insurance company evaluates your claim down the line; early detection and treatment of injuries helps your case as well as your body.

“WE CAN STRAIGHTEN THIS ALL OUT LATER”

Like most people, you have places to go and people to see, and this crash is going to make you late for your next appointment. But taking a few minutes after the accident to document the crash and deal with the necessary paperwork can save you a lot of time and grief later.

Your first step, after checking for any injuries, should be to call 911 and file an accident report with the police. Colorado law requires that a report be filed in any crash involving personal injury or property damage, and filing a report creates a record of events that may prove to be important down the line in determining who’s at fault.

But don’t stop there. Use a smart phone or camera to take photos of any injuries, damage to your vehicle, insurance cards and driver’s license information for all parties involved. Take more pictures than you think you’ll need of injuries and vehicle damage, from various distances and angles, with flash and without. Talk to witnesses and obtain contact information — and, if possible, get brief written accounts of what they saw and heard. Putting important details on paper now can help protect your claim from possible memory lapses in the months to follow.

“I DON’T NEED A LAWYER”

If you’re thinking about handling your accident claim on your own because you assume that doing so will save you time and money, think again. Not every accident requires legal representation, but serious cases do. You should consult a personal injury attorney to determine if you have a case. Most firms that focus on personal injury proceed on a contingency basis; they don’t get paid unless you do, and that means they have no incentive to mislead you about whether you have a legitimate claim or not. At Frank Azar Car & Truck Accident Lawyers, we offer a free, no-obligation initial consultation, so there’s really no downside in having your case evaluated by an experienced accident attorney.

In addition to making sure you get a proper medical evaluation, an experienced accident lawyer will know how to assess other ways the crash has impacted your life, including losses you’ve incurred that you may not realize are compensable, such as lost wages and pain and suffering. Attorneys know how to negotiate with an insurance company to obtain fair compensation for these claims.

An attorney may also be required to address other factors that can affect your claim. The case may need additional investigation, beyond what the police chose to do. There may be disputes over liability, witnesses to locate, an issue over a defective car part or whether the other driver carried adequate insurance, or a dispute with your own insurance company over coverage.

Covering all the bases may sound like a lot of bother, but it pays off down the line. Most personal injury cases are settled without ever having to go to court. And, on average, plaintiffs who hired an attorney end up with much larger settlements than those who didn’t. A study of insurance payouts in 6000 accident cases showed that claimants who hired an attorney received settlements that were, on average, 40 percent higher than those paid to people who didn’t have an attorney.

Let Our Team Get the Money You Deserve After an Accident

THE CAR ACCIDENT LAWYERS AT FDAZAR

For nearly forty years the attorneys at Franklin D. Azar & Associates have helped thousands of injured people obtain complete and timely compensation for their losses. Our proven track record and expertise in serious injury cases have allowed us to grow into the largest personal injury law firm in Colorado, with offices in Aurora, Boulder, Colorado Springs, Denver, Fort Collins, Glenwood Springs, Grand Junction, Greeley, Lakewood, Littleton, Longmont, Pueblo, and Thornton. If you’ve been injured in a bus, car, rideshare,  truck, or motorcycle accident, you may be entitled to compensation. Please call the car accident attorneys at FDAzar day or night at 800-716-9032, or contact us here for a free consultation and no-obligation evaluation of your case.