Law

The Decision on Whether to Pursue a Personal Injury Lawsuit After Being Hurt in an Accident

To the afflicted party, every injury appears severe. However, not every accident has the potential to result in a win in a personal injury case. A personal injury lawyer near me can assess the merits of your claim and guide whether to move further.  

Here are a few queries to consider before taking on a case.

  • Does insurance cover the accident?

Find out if the individual responsible for the accident has the necessary insurance. Even if they are judged to be at fault, you will not be able to recover damages if they have no such cover and limited assets. However, if you have uninsured and underinsured driver coverage through your auto insurance policy, your insurance provider might be able to pay damages instead.

  • Has the cause of the accident been identified?

You must demonstrate that another person’s negligence caused your injuries to be awarded damages. Suppose the other motorist was at fault and drove carelessly. In that case, you may be entitled to compensation for your injuries, including medical costs, lost wages, diminished income potential, damage to property, and suffering and pain.

  • Were you somewhat to blame?

Colorado uses a modified version of the comparative fault standard to determine compensation in a personal injury case. If you contributed 50% or more to the accident’s injuries, you are not entitled to compensation under this criterion. Your verdict for compensation will be scaled back in proportion to your relative level of fault if you are found to be less than 50% at fault.

  • Are your wounds severe?

If your injuries are minor, the compensation you get might not be enough to justify the hassle of filing a lawsuit. However, if you can demonstrate that the other individual was at fault and your wounds are extensive, life-threatening, or irreversible, you may be liable for a sizable reimbursement.

  • How long have you been waiting?

If you were harmed in an accident in Colorado, you have 3 years from the accident to file a lawsuit against the individual who was at fault. If you did not notice your damage right away, the statute of limitations begins to run from when you did, not from when the injury was sustained.

  • Does your argument hold up?

You must establish legal liability for the incident and your injuries in order to receive compensation for your losses. A skilled Colorado personal injury lawyer can assess the merits of your claim and provide guidance on whether to move further.

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