Can I Sue for a Car Accident in Denver?

You may be able to file a Denver car accident lawsuit if you or someone you love was injured due to another driver’s negligence. Drivers and passengers alike may be entitled to compensation for their accident-related injuries.

Colorado uses a fault-based system for car accident liability. To recover damages after a car accident, you need to prove that the other driver was at fault. A car accident attorney in Denver can assist you with all aspects of your claim, which may include filing a lawsuit.

Burg Simpson can explore all of your legal options, including a Denver car accident lawsuit. Call 303-792-5595 today for a FREE case evaluation. Our car accident lawyers serve clients in Denver, Englewood, and throughout Colorado.

Establishing Fault for a Car Accident

Determining who is at fault for a car accident requires strong evidence. Without evidence, the question of fault would boil down to your word versus the other driver’s. To establish fault, we look for the following:

• Evidence at the scene: Photographs and witness testimony can be very helpful for proving that the other driver was at fault. This information can be used to reconstruct the accident.
• Video footage of the accident: Traffic cameras, dashboard cams, and cellphone video may clearly capture the accident as it occurred. Video footage should be reviewed to determine whether it supports your claim against the other driver.
• Police reports: The police report may contain a wealth of information that may be used in preparing a lawsuit. Key details include traffic infractions or citations, the results of a field sobriety test (critical if you were the victim of a drunk driver), the officer’s opinion on who caused the accident, and more.

Car accidents have many potential causes. Most are the result of negligence on the part of one or both drivers, but additional factors may have contributed to the crash. A timely, thorough investigation can help identify any additional defendants in your case.

What Is Modified Comparative Negligence?

Colorado uses a modified comparative negligence standard in personal injury claims. This means that a plaintiff may still recover partial compensation, even if they are partly at fault for the accident.

Here is what you need to know about modified comparative negligence in a car accident claim:

• Fault may be shared: Car accidents may be the result of errors on the part of two different drivers. For example, driver A may have been following driver B too closely when driver B comes to a sudden stop. In this situation, drivers A and B would likely share in the blame for the accident.
• Damages may be reduced: When comparative negligence applies, each driver is issued a percentage of fault. In the example above, driver A would likely be found primarily at fault for tailgating (say, 85%), but driver B would be partly at fault for braking abruptly (15%). Driver B would only be entitled to the percentage of damages for which he is NOT responsible; any settlement or judgment would be reduced by 15%.
• 50/50 rule: The plaintiff’s degree of fault must be less than that of the defendant. If your share of fault is 50% or higher, you are no longer entitled to compensation.

Questions of fault are not always cut-and-dried. You should not be forced to accept less than you deserve. A knowledgeable car accident attorney can help you navigate issues of comparative negligence and seek maximum compensation for your injuries.

Common Situations That Lead to Car Accident Lawsuits

You can pursue a Denver car accident lawsuit for any crash in which you suffer injury; however, some situations are more likely to result in legal actions. These include:

• Serious and catastrophic injuries: Catastrophic injuries may exceed the limits of the at-fault driver’s liability insurance. You may need to sue to recover additional compensation.
• Wrongful death: The damages in a wrongful death claim may also exceed the insurance policy limits, in which case it may be necessary to file a lawsuit.
• Commercial vehicle accidents: Liability is more complicated in accidents involving commercial trucks, taxis, company cars, and rideshare vehicles. Both the driver and the owner of the vehicle may be held liable.
• Drunk driver accidents: You may be entitled to punitive damages if you are hit by a drunk driver. Punitive damages are only recoverable at trial, which means you will need to file a lawsuit.
• Hit-and-run accidents: Leaving the scene of an accident likely meets the “fraud, malice, or willful and wanton conduct” standard for punitive damages in Colorado. If the hit-and-run driver can be identified, you may be able to sue for additional compensation.
• Intentional misconduct or wrongdoing: Most accidents are caused by negligence, but some are the result of willful or malicious acts. You should explore all of your legal options if you believe the other driver meant to cause you harm.

Damages in a Denver Car Accident Lawsuit

The following damages may be sought in a car accident lawsuit:

• Economic damages: These are the quantifiable costs of your injuries, including medical expenses, lost wages, therapy and rehabilitation costs, etc. Future medical bills and loss of earning capacity are also considered economic damages.
• Non-economic damages: Examples of non-economic damages include pain and suffering, emotional distress, permanent disability, scarring and disfigurement, and loss of enjoyment of life.
• Punitive damages: These damages are intended to punish defendants for grossly negligent behavior or deliberate acts of wrongdoing.

Until you speak to a lawyer, there is no way to know how much your car accident claim may be worth. An experienced attorney can calculate the full extent of damages in your case and take legal action on your behalf.

Read More: How Much Can Someone Sue for a Car Accident in Colorado?

How Long Do I Have to Sue?

Colorado law sets a 2-year statute of limitations for most personal injury claims. If you are injured in a car accident, you generally have 3 years to file a lawsuit.

You will likely lose the opportunity for compensation if you fail to bring a Denver car accident lawsuit within the statute of limitations. We recommend seeking legal counsel as soon as possible to preserve your rights and make a claim in a timely fashion.

Steps to Take After a Car Accident

The actions you should take following a car accident in Denver can be divided into two categories:

• Steps to take at the scene: First, check yourself and others for injuries and call 9-1-1 if anyone is hurt. Exchange contact and insurance information with the other driver. You should also take photos and speak to witnesses. If a police officer responds to the crash, provide them with a statement and ask how you can get a copy of the accident report.
• Steps to take after you leave: Go to the emergency room or see a doctor as soon as possible. You should also talk to a lawyer right away—ideally before talking to anyone from an insurance company.

Failure to perform these critical tasks may compromise your claim. A skilled car accident attorney in Denver can prepare a strong case on your behalf, take the lead in settlement negotiations, and (if necessary) discuss whether to file a lawsuit.

Do I Have to Go to Court After a Car Accident in Denver?

Filing a lawsuit is not the only way to obtain compensation for a car accident in Denver. The majority of cases are settled before they go to trial. Sometimes, a settlement is reached before a lawsuit is filed.

National statistics from the U.S. Department of Justice show that it is exceedingly uncommon for personal injury cases to go to trial. Of the small number of cases that do end up at trial, only 3% are resolved through a verdict delivered by the court.

Bottom line: When suing for a car accident, there is a relatively small chance that you will ultimately need to go to court. If this becomes the only path forward for you to recover maximum compensation for your injuries, you need to hire a proven trial law firm to represent you.

Key Benefits of Legal Representation

It is generally in your best interest to hire a lawyer after any car accident that causes you injury, regardless of whether you need to file a lawsuit. An attorney can help you by:

• Investigating the accident: Knowledgeable lawyers know what evidence to collect and which experts to consult in order to establish the cause of the accident and identify who is responsible.
• Calculating your damages: Your attorney will ensure that all compensable losses are included in your claim.
• Negotiating with insurance companies: The insurance company does not want to pay what your case is worth. Having a capable lawyer act on your behalf during negotiations is essential for obtaining a fair settlement.
• Filing a lawsuit: The process of filing suit can be difficult to handle on your own. A qualified car accident lawyer can navigate the deadlines and processes for you.
• Preparing your case for trial: If it is necessary to file a lawsuit and settlement negotiations are not successful, it is vital to have an attorney who can build a strong case and represent you effectively at trial.

Contact an Experienced Car Accident Attorney in Denver

Whether we obtain a favorable settlement or pursue a Denver car accident lawsuit on your behalf, you can count on Burg Simpson to provide the highest quality of representation and passionate advocacy. Our Denver office maintains a primary focus on personal injury claims.

For a FREE and confidential case evaluation, call Burg Simpson at 303-792-5595 today. Our combination of local clout and national strength enables us to serve clients one-on-one while bringing the full weight of our experience, resources, and litigation skills to bear in every case.