Category: Car Accidents

Though many injuries, such as broken bones and lacerations, are obvious after a motor vehicle crash, others are not as apparent and may take some time for symptoms to appear.  If you have been involved in a motor vehicle collision in Colorado, and experience any pain or symptoms it is important to seek medical attention as soon as possible to ensure any and all injuries are promptly diagnosed and treated. 

While it is often tempting to try to wait several weeks to see if the pain resolves, this can cause a delay in treating sometimes serious injuries.  In addition, if you wait too long to seek medical treatment, you may hamper your ability to seek compensation for the injuries and damages that were caused by a crash.  If there is a delay in seeking treatment many insurance companies will argue that the accident victim’s injuries are not related to the crash or are not as serious as he or she claims.

Why Do Some Injuries Take Longer to Show Up?

There are a number of reasons why some injuries may not immediately show symptoms at the time of a collision. After being involved in a crash, everyone’s emotions are high and adrenaline is pumping. This flow of adrenaline can mask pain and other symptoms of an injury. After it wears off pain and other symptoms may begin to emerge.

In addition, some injuries have symptoms that are relatively vague. With these injuries, it is easy for the accident victim to attribute the symptoms to some other illness or ailment.

What Are the Most Common Hidden Injuries?

Certain types of hidden injuries are more common than others after a motor vehicle accident.

For example, soft tissue injuries may be difficult to detect in the moments following an accident.

Whiplash, or soft tissue injury to the neck, is a common example of such an injury. A soft tissue injury occurs when the head is thrown forward, then suddenly snapped backward, damaging the muscles in the shoulders, back, and neck. Whiplash injuries are especially common in rear-end collisions.

The soreness from a whiplash injury may not set in until a day or two following a crash. Tendon and ligament injuries, such as sprains and strains, may also develop and become gradually worse in the days following a collision.

Traumatic brain injuries are among the most serious injuries that may take an extended period of time to show symptoms. Many of the signs of a traumatic brain injury, such as headaches, dizziness, and fatigue, are easy to attribute to stress or other illnesses or conditions.  Individuals often don’t recognize the signs of a concussion in the immediate aftermath of a collision.  This is especially true if they sustained other, more obvious injuries that became the focus of their medical treatment.

Every moment counts with a traumatic brain injury. Waiting to treat a traumatic brain injury may lead to a worse outcome, such as a permanent, debilitating handicap or even death.

Do Not Settle a Claim Too Early

Because many injuries take some time to appear, it is important to wait to settle a claim until you are certain that all of your accident-related injuries have been diagnosed and treated and that you are completely better or have reached maximum medical improvement. This means that your injuries have been properly treated and you are as good as you are going to get.

If you need additional treatment in the future, you should have an estimate of the anticipated costs of the recommended treatment before you settle. Your Denver personal injury attorney will be able to consult with experts to obtain an estimate of any future medical expenses you will face as a result of injuries you sustained in a collision.

Once you settle a claim, there is no turning back—you will not be able to obtain any extra money from the insurance company for your medical bills and other expenses. If you settle a claim and later find out you need a surgical procedure, you will be responsible for the costs of that procedure.

Experienced Attorneys Can Help

With the help of an experienced lawyer,  injured parties are able to recover money for all damages allowed under Colorado law.   Without an attorney, accident victims may not be fully compensated for their injuries.

Denver car accident lawyer, Jennifer Donaldson is experienced in various types of claims, including those that involve hidden injuries. To schedule a free consultation with our Donaldson Law, LLC  Law firm, contact us today at (303) 458-5000.

If you have been involved in a car crash in Colorado, there are certain steps you should take right away to ensure your legal rights are protected throughout your case. One such step is to report your accident as soon as you are able.

Steps to Take Right After an Accident

In the moments following a collision, you should call the police to report the crash and ask to have an officer come to the scene. As soon as you are able, you should also call your insurance company to let them know about the crash.  You may have insurance coverage that will provide benefits to you and your passengers, even when the collision is not your fault.   

If, for some reason, the police cannot come to the scene of the crash, you have 60 days to file an accident report at the Colorado Department of Motor Vehicles website. To file a report online, you fill out the requested information at the “Report an Accident” section of the Colorado DMV website. 

What Colorado Law Requires?

Those involved in accidents in Colorado have a duty to report an accident to the police if:

• There are injuries
• There is property damage
• The other party is not in a condition to exchange information and a law enforcement officer is not present

Colorado law says that “immediate notice” is required. Therefore, it is best to always call 911 right after an accident to ensure you comply with the law.

Why Is It Better to Have Police Complete an Accident Report?

When it is time to deal with the insurance companies on your claim, having an accident report that was prepared by the police is always better than filing an online report.  The officers will interview all parties involved and take statements and contact information from witnesses.  The information collected by police can be crucial if a dispute occurs during the insurance claim process. 

In addition, many officers today wear body cams that record their interviews during crash investigations.  If you notice that the investigating officers are wearing body cams, you should make a note of this so the videos can be requested.  Bodycam videos are not kept indefinitely, so be sure to request the videos as soon as possible after your crash.    

The Statute of Limitations in Colorado Personal Injury Claims

The statute of limitations is the deadline by which legal claims must be filed in order to pursue legal action. If a claimant fails to file a case by this deadline, the claimant is forever barred from recovering damages for his or her injuries. The claimant will be solely responsible for all medical bills and other expenses related to the accident.

In Colorado, the statute of limitations to file a lawsuit after a motor vehicle accident is, in most cases, three years. Claims against government entities proceed a bit differently, however.

If a car crash claim is against a government entity, the claimant has 182 days to file an initial claim against the entity, and three years from the date of the crash to file a lawsuit.  If you fail to file a proper notice of claim with the governmental entity, your claim will be forever barred.  It is not enough for the entity or their insurance company to acknowledge your claim.  

You must strictly follow the notice requirements of the Colorado Governmental Immunity Statute. Government entities include individuals driving government-owned vehicles, police departments, city bus companies like RTDand similar organizations..

Do Not Delay in Filing a Legal Claim

If you have been injured in a Colorado motor vehicle collision, you need to seek legal advice as soon as possible. It is important to provide the insurance company with information concerning your injuries and damages so they can properly adjust your claim. 

Additionally, the longer you wait to file a claim, the more difficult it becomes to pursue it. For example, witnesses may move away or may not remember important details.

Moreover, obtaining all of the evidence needed to pursue a personal injury case takes time. If the statute of limitations is rapidly approaching, there may not be enough time for an attorney or insurance adjuster to fully investigate your claim.   Your Denver personal injury attorney needs sufficient time to review documents, discuss the case with witnesses, and create a legal strategy to ensure you maximize your recovery in your case.

Denver Attorney Jennifer Donaldson is Prepared to Help You with Your Accident Case

Attorney Jennifer Donaldson has an excellent track record in settlement negotiations and in the courtroom. Whether your case settles or goes to trial, our office can help. To schedule a free consultation, contact us at (303) 458-5000.

If you decide to get behind the wheel of a car in Colorado, you are required to have auto insurance. If you are merely borrowing a friend or relative’s car occasionally, you may be covered by their policy. But if you drive your own car, then you need to have your own policy.

Driving without auto insurance can have significant consequences, especially if you cause a crash. You face a traffic ticket for driving without insurance as well as the financial repercussions of causing another person property damage and physical harm. Not only can the victim of the crash file a personal injury claim against you, but the judge in your traffic ticket case may order you to pay restitution, which means you will have to make payments to compensate for the loss you caused.

Colorado Auto Insurance Requirements

 If you own a vehicle and drive in Colorado, the law requires you to carry a minimum of:

• $25,000 per person for bodily injury coverage;
• $50,000 per accident for bodily injury coverage; and
• $15,000 per accident for property damage coverage.

You have the option to carry property damage and bodily injury coverage with higher policy limits. You also can purchase different types of insurance, such as collision, comprehensive, uninsured, and underinsured motorist policies.

Did You Cause an Accident While Driving Without Insurance?

If you were at fault for the crash, then you are responsible for the other driver’s injuries. Typically, the other driver would file a third-party claim against your auto insurance policy. Without this option, the other driver may file a personal injury lawsuit against you and demand compensation for their physical, emotional, and financial damages.

The judge or jury may award the other car accident victim(s) compensation. If you cannot pay right away, or the other party does not agree to a payment plan, they can pursue the compensation through wage garnishment.

You also will have been ticketed by the police after the accident for failing to prove you had auto insurance. Whether you agree to the violation or a judge finds you guilty in traffic court, your punishment may include:

• Fines and fees—at least $500 for a first offense, $1,000 for a subsequent offense
• Driver’s license suspension
• Four driver’s license points
• Up to 40 hours of community service
• Restitution
• SR 22 insurance requirement

If you fail to pay restitution as required by the judge, the consequences are harsh. You could be jailed for missing one or more payments.

Was the At-Fault Driver Uninsured?

If you were harmed in a crash and the at-fault driver was uninsured, call a Denver car accident lawyer to discuss your options. Unfortunately, it is all too common to learn the other driver is not covered.

An estimated 13.3% of Colorado drivers were uninsured in 2015, according to the Insurance Research Council’s “Uninsured Motorists, 2017 Edition” report. This was close to the national average of 13% the same year.

Your own auto insurance coverage may help get your vehicle repaired or replaced and cover your medical bills. Your best hope is if you purchased uninsured and/or underinsured motorist coverage.

Uninsured motorist insurance coverage applies when the other party has no insurance, or when you are the victim of a hit-and-run incident. Underinsured motorist coverage may help cover the shortfall when the other driver’s policy limits are lower than the total amount of your damages.

Depending on the policy you purchase, uninsured/underinsured motorist coverage may apply to property damage, bodily injuries, or both. It is often best to purchase as much uninsured/underinsured coverage as you can afford, as this coverage protects you in the event of a crash if the at-fault driver is uninsured or underinsured.

If an uninsured person causes a crash but you do not have uninsured/underinsured coverage to cover your damages, then you may need to pursue a personal injury claim against the at-fault driver. Speak with a Denver personal injury lawyer beforehand to learn about the risks and benefits of this process.

An attorney will review your circumstances and the at-fault driver’s ability to pay a potential judgment. A defendant may be “judgment proof,” which means that even if you won the case against them, they do not have enough assets or income to ever pay. You may pay more to litigate the case than you would ever be able to recover from the defendant.

Contact Donaldson Law, LLC

Because the consequences of a car accident without insurance can be severe, it is best to talk with an experienced Denver car accident lawyer about your options.

If you were in a crash without auto insurance, or you found out the driver responsible for the accident was uninsured, call Jennifer L. Donaldson at (303) 458-5000 or contact us here. She is highly experienced in uninsured and underinsured motorist claims.