Automobiles are a regular part of our daily lives that help make life easier for many individuals and families. While the car is certainly here to stay, the element of human error can create a number of problems across the country. Beyond the shockingly high statistics on road-related deaths is the high number of individuals who are left injured after an accident. If you were injured in an auto accident, it’s important to find a local personal injury law firm to help you obtain financial compensation for your pain and suffering. As an experienced team of personal injury lawyers in Denver, the Law Office of Jill M. Jackson is here to represent you with a dedication to the craft and a fearless approach to litigation. Jill Jackson and her team of DUI defense and accident lawyers are experienced enough to help find the best outcome for your case.
No matter what happened, it’s important for you to find an auto injury lawyer who will work hard to find a balanced and fair outcome for your case. While auto injury claims are the most prevalent type of personal injury cases in our country, many people are unsure as to what exactly this claim entails. Today, we’ll continue to discuss what an auto injury claim is and the importance of working with a professional to find payment for lost wages and time. If you have recently been injured in an accident and need help, be sure to reach out to our personal injury lawyers in Denver today!
Finding Fault with One Party
Until 2003, Colorado was a no-fault state, meaning that insurance companies would cover their clients with personal injury protection. In order to reduce the burdensome costs of insurance, our Centennial State moved to the tort system we use today, where one party must be at fault before a claim is made. Once fault has been established, the plaintiff will need to prove that the defendant in this accident was negligent. Once negligence has been proven, the next step is to prove that earnings and livability was lost because of that negligent action.
In our modern society, compensation for negligence is determined by one of two systems:
- Contributory negligence is used by a small number of states to measure the validity of your claim. In this system, drivers who are partly at fault in an accident are entitled to no payments for their case.
- Comparative negligence is utilized in states such as Colorado and relies on a balance of comparing who is more negligent in an accident. Defendants can claim negligence, and a judgement will determine the percentage of your fault. This number is used to determine what percentage of the claim you can take for compensation. Remember, if you are more than half at fault, you won’t receive any payments.
The Importance of Collecting Evidence
If you are going to take your personal injury claim to court, it’s important to know that the decision of your case will often rely on the evidence brought forth. Following an accident, the validity of your claim will rely heavily on the police report, which will include all relevant evidence as well as the officer’s opinion on the accident. In the days following an accident, though, you can also return the scene of the crash to collect as much evidence as practically possible, including notes on broken signs or strange factors, taking photos of tire marks, and so on.
Follow up your trip by discussing what happened with witnesses to find more relevant information about your accident. If you are at fault for an accident, this process may help to minimize fault. Plaintiffs who are seeking damages can also further prove the negligence of the other party in order to receive payments for any damages sustained.
In a personal injury case, the term “damages” refers to the emotional and financial cost of your injuries following an accident. Injured individuals will most likely seek out compensatory damages, which is the money awarded to the plaintiff as a means of compensating him or her for economic and non-economic loss. When compensation is sought with a personal injury claim, you can seek out a few types of damages, including:
- Special damages. Your medical bills, property loss, loss of work efficiency, and total amount of wages lost from injury can all count as special damages, which consist of definitive amounts that can be returned after successfully winning your case with a qualified car accident attorney.
- General damages. This type of compensation is more subjective and nature and therefore harder to calculate. General damages can include emotional trauma, pain and suffering, complications with losing an extremity, and other results that cause the plaintiff anguish.
- Punitive damages. While not a common occurrence, the court may impose compensation in a punitive manner to account for cases of extremely reckless driving.
Personal injury claims are all unique, and the activities in the days following an accident can have a dramatic outcome on the case. Auto injury cases are often complex, with a lot of time and energy needed to create a favorable outcome. Next time, we’ll continue this topic by discussing the most common types of injuries as well as the leading causes of negligent driving.
Compensation should not be seen as a handout or luxury payment, it’s an attempt by you to recoup some losses and restore your life as much as possible back to normal. With so many new drivers coming to the Mile High City, it’s important to have a proven personal injury law firm in your contact book. If you are seeking help with your auto claim, be sure contact our personal injury lawyers in Denver today for assistance.