Your rights following a car accident depend on the local laws and the conditions of the accident. Generally speaking, Colorado car accident victims will recover compensation for property damage costs, medical bills, lost wages, and related expenses. Some jurisdictions enable victims of auto accidents to obtain non-economic damages, including pain and suffering.
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Proving Negligence in a Colorado Car Accident Case
In a car accident claim, four elements of negligence help establish the responsible party. Negligence entails the failure to act reasonably with caution or care, leading to injuries. The plaintiff can establish negligence following a car accident with the help of Denver car accident lawyers by proving that the defendant breached a duty of care, resulting in damages.
- Causation: The plaintiff needs to prove that the breach of duty by the defendant led to the injuries. For instance, the responsible party may crash into a plaintiff because of distracted driving, causing the victim to sustain injuries.
- Breach of duty: A breach of duty occurs when the defendant doesn’t meet their duty of care. For instance, drivers who are distracted due to texting while driving are considered to breach their duty of care for safe driving.
- Duty of care: Duty of care demands that the defendant should act reasonably to minimize the possibility of injuring others. For instance, drivers must drive safely and obey traffic laws on the road.
- Damages: Accident victims must show that sustained injuries lead to damage. Damages include property damage, physical injuries, lost wages, medical bills, and pain and suffering.
Proving the elements of negligence is essential in an auto accident case. Victims who fail to prove the above-listed elements may fail to recover compensation for their sustained injuries.
Special Cases to Colorado Auto Accident Statute of Limitations
The statute of limitations following a car accident in Colorado is three years from the date of the injury discovery or the incident. This may seem like a simple rule, but there are exceptional cases to the timeline that may shorten or extend the amount of time individuals have to file a claim. These exceptions are essential for victims injured in an auto accident in Colorado. Some of the exceptional cases of this three-year rule for auto accidents are:
Injured victims in auto accident cases by government entities must file a personal injury claim against the responsible agency six months from the incident date. Under some situations, the timeframe for filing your claim can even shorten. It’s essential to communicate with your lawyer immediately after an auto accident caused by a government agency.
Product Liability Claims
Auto accident statute of limitations in Colorado may differ from the personal injury statute of limitations, including product liability claims. Victims who sustain injuries due to a defective automotive part have up to two years to file a legal lawsuit for their injuries. It’s essential to note that each case differs from the other, and there may be exceptions to the provided time limit for auto accidents. A seasoned Colorado auto accident attorney determines the required time limits depending on your specific case.
How Insurance Companies Follow Statute of Limitations Following an Auto Accident
Most victims confuse the deadline insurance companies provide for auto accident claims with the statute of limitations. Most car accident cases in Colorado get resolved via settlements with insurance companies. However, victims must know that insurance companies have strict reporting deadlines for filing auto accident claims. Most car insurance companies in Colorado require victims to report the incident within two days after the collision. Most attorneys advise their clients to report the accident as soon as possible to their insurance companies.
Victims who sustain injuries following an auto accident in Colorado must determine the liable party. Liability entails legal responsibility for an accident aside from the resulting damages. Work with a seasoned personal injury lawyer to improve your chances of securing maximum compensation for your injuries.