Personal Injury FAQ
Aug. 10, 2022
Most people are aware that if they're injured in an accident that wasn’t their fault, they can seek compensation from the at-fault party. While this is true, there are still specific details you’ll need to know before filing a personal injury claim. If you’d like to know more about your options and are in the Lone Tree, Colorado or Trinidad, Colorado area, reach out to us at Landry Law, P.C. We’re also able to help accident victims in Denver, Douglas County, Castle Pines, Castle Rock, and the rest of the state.
Filing a Personal Injury Claim in Colorado
The first question you’ll need to answer before filing a personal injury claim is, “Is Colorado a fault state?” Each state has its own laws regarding what kind of insurance claim can be filed after an accident, and this is generally divided into “at-fault” states and “no-fault” states. Colorado is an at-fault state, which means you can file a claim through the insurance provider of the at-fault driver. In a no-fault state, you must first file a claim through your own insurance provider regardless of who was at fault for the accident.
Frequently Asked Questions
About Personal Injuries
What should I do after an accident?
The most important thing to do after an accident is to ensure your medical needs are addressed. It’s always a good idea to seek medical attention even if you don’t feel obviously injured. Aside from this, be sure to take pictures of the accident and get contact information from the other driver as well as any witnesses.
What if I was partially at fault?
You can likely still file a claim even if you were partially at fault. Colorado follows a modified comparative fault rule which states that fault can be shared between two parties. For example, if you were found to hold 20% of the responsibility for the accident and your final settlement was for $10,000, you would only receive $8,000 to account for your portion of liability. However, if you’re found to be over 50% responsible, you are barred from seeking any damages.
Should I talk with the insurance adjuster?
You will have to speak with an insurance adjuster, but what you say is up to you—not them. They will likely contact you soon after the accident and ask you for a statement, but you are under no obligation to give this to them at this point. In fact, you should only give a statement after you’ve spoken with your personal injury attorney. You can give the adjuster basic information about yourself and the accident (who, what, when, where), but do not claim any fault.
How long do I have to file a personal injury claim?
The statute of limitations for filing a personal injury claim in Colorado is two years from the date of the accident. While this may seem like a long time, it can pass very quickly once you account for the time it takes insurance companies to complete and pay out your claim, and the time it takes for you to fully understand the extent of your injuries and what expenses will come from them.
Do I need to hire a personal injury attorney?
You can technically file a claim on your own without the help of a personal injury attorney, but most people choose to work with one for a variety of reasons. An experienced attorney can help you organize and obtain evidence, can negotiate on your behalf with insurance adjusters, and can help you maximize your final settlement so you can be sure all your expenses are covered. Ultimately, a personal injury lawyer is on your side.
Trusted Guidance When You Need It Most
At Landry Law, P.C. in Lone Tree and Trinidad, Colorado, we’ve built our practice around helping people just like you get the compensation they deserve after an accident. Give us a call today to set up a consultation.