Tag: car accident

By admin

Is Colorado a No-Fault State for Car Insurance?

Colorado Personal Injury Attorney

The laws that impact car accident claims vary from state to state. These laws affect how much compensation an accident victim may be entitled to, as well as the source of that compensation. Learn more about car insurance.

There are two primary categories of states regarding car accidents: those with a fault-based system and those with a no-fault system. The primary differences between these states are whether the accident victim has the ability to sue the at-fault party for damages and where the money for the victim’s damages comes from.

In a fault-based system, the at-fault driver is responsible for the victim’s losses. These losses may include medical bills, lost wages, and other damages.

In a no-fault system, each driver’s own insurance policy generally covers their medical bills. In most cases, it is still possible to pursue legal action against the at-fault driver for any bills not covered by no-fault, or for loss of income, pain, and suffering, loss of enjoyment of life, permanent impairment, and permanent disfigurement. 

Colorado’s System

Colorado follows a fault-based system for car accident claims. Accident victims must pay for their own medical treatment.  They can use their health insurance and in some cases may have medical payments coverage through their auto insurance policy.  Once all treatment is completed, the insurance company will make one lump sum payment that covers all medical expenses, loss of income, pain and suffer, and permanent impairment.  

Accident victims may be paid up to the at-fault driver’s policy limits in an accident claim. Many cases can be resolved with the insurance company, but In some cases, it will be necessary to file a lawsuit against the at-fault driver to recover damages. 

For example, it may be necessary to file a lawsuit if the insurance company refuses to make a reasonable offer that compensates the victim for their losses. 

Damages

There are a variety of damages that may be available in a motor vehicle accident claim. Damages may include any of the following:

  • Medical expenses, including future medical care
  • Lost wages
  • Loss of employment benefits
  • Loss of earning capacity
  • Pain and suffering
  • Emotional distress 
  • Permanent impairment or disfigurement

Other damages may also be available, depending on the circumstances of the case. Colorado motor vehicle accident attorneys know what damages are available in a claim, and, most importantly, how to pursue those damages on behalf of their clients. 

Coverage

Colorado requires that all drivers have minimum amounts of liability coverage. 

All Colorado drivers must have at least $25,000 per person for bodily injury or death.

Drivers must also have at least $50,000 in liability coverage per incident for total bodily injury and death claims. 

Drivers must additionally carry $15,000 in property damage liability coverage, to cover damage to vehicles and other types of property in an accident.

Drivers are free to purchase additional coverage if they like. Colorado drivers should remember that, once their policy limits have been paid out, the at-fault driver may be responsible for any additional damages that are sought by the accident victim. 

Get an Attorney Who Can Help You

Insurance claims are complex and often confusing. There are numerous deadlines, dozens of possible pieces of evidence, and a variety of documents that must be filed. However, an experienced Denver personal injury attorney can help you with your claim. 

Personal injury attorneys can negotiate with the insurance company on your behalf. Instead of worrying about saying something to an insurance adjuster that could hurt your claim, you can (and should) turn these conversations over to your attorney.

In some cases, the claim may settle with the insurance company. If a lawsuit becomes necessary, your personal injury attorney is able to represent you and protect your legal interests. Your attorney will keep you well-informed throughout your case and will prepare you for any necessary court hearings.

However, there is a limited amount of time available to file a personal injury claim in Colorado. Therefore, it is important to meet with an experienced Colorado personal injury attorney as soon as you are able after your accident. 

Attorney Jennifer Donaldson Has Three Decades of Experience in Accident Claims

Denver car accident attorney Jennifer Donaldson has been serving the Denver area for thirty years. To schedule a free consultation with Donaldson Law, LLC to learn about your legal options and the services the firm offers, contact us at 303-458-5000.

By admin

How to File a Car Accident Claim in Denver

Car Accident in Colorado

Car accident victims are often unaware as to how a claim or lawsuit is filed after a crash. For many car accident victims, this claim or lawsuit is their first experience with the legal system. It is often overwhelming and confusing.

Beware of Deadlines

First, car accident victims should be aware of the deadlines that may affect their cases. In general, there is a three-year deadline to resolve a claim for damages that result from a car accident in Colorado. This deadline is called the statute of limitations. 

Accident victims who fail to resolve their claim or file suit before the statute of limitations expires may be barred from obtaining any relief in the court system. This means that these victims will be responsible for their medical expenses and other damages caused by the accident.

The deadline is shorter if a government vehicle is involved in the accident. An experienced Denver motor vehicle accident attorney is able to advise you on the applicable deadlines in your claim. 

Make Sure a Police Report is Filed

Immediately following an accident, you should call the police to ensure a report of the accident is filed. You should tell the police what happened and seek medical attention if you are experiencing any pain. 

You should also exchange insurance information and driver’s license information with the other drivers involved in the crash. 

Consult a Personal Injury Attorney

One of the most important steps you should take after being involved in an accident is to consult a Denver personal injury attorney. These attorneys know how to present evidence to insurance companies, negotiate settlements, and conduct court hearings and trials. 

Personal injury attorneys at Donaldson Law, LLC are able to file accident claims with the at-fault driver’s insurance policy on your behalf and deal with the insurance company so that you can focus on recovering from your injuries and getting your life back to normal.

Your attorney will provide several pieces of information to the insurance company, such as: 

  • The names of the drivers involved in the accident
  • Insurance policy numbers
  • The nature of the victim’s injuries
  • Photographs of vehicle damage and injuries
  • A copy of the accident report 
  • Repair bills

It is best to let your attorney speak with the at-fault driver’s insurance company. Insurance companies may use your statements against you in your claim. In addition, insurance adjusters may try to pressure you to settle your claim too soon for far too little money. 

What is a Demand Letter?

When you have completed your medical treatment, your attorney will send a demand letter to the insurance company. The demand letter lays out the details of the accident, as well as how the accident impacted you—financially, physically, and emotionally.

The insurance company will be given a deadline to respond to the demand letter.  Once they respond, your attorney will begin the negotiation process.  

The choice to accept or reject the insurance company’s offer is yours. Your attorney will advise you during the settlement process, but, ultimately, it is your decision whether you settle your claim with the insurance company or move forward with filing a lawsuit. 

If you decide to reject the insurance company’s offer, it will be necessary to file a lawsuit. 

File a Lawsuit

To file a lawsuit, your attorney drafts a complaint. This document includes details about the accident and how the at-fault driver is responsible for your injuries and losses. 

After the complaint has been filed in the appropriate court, the at-fault party must be served with it. At this point, the at-fault party will respond to the lawsuit and the lawsuit will move through the court system. 

Regardless of whether the claim is handled solely through insurance or requires the filing of a lawsuit, Denver car accident attorneys are able to provide valuable advice and guidance through this process. Your attorney will make sure that your legal interests remain protected throughout your case. 

Contact Denver Car Accident Attorney Jennifer Donaldson Today 

Attorney Jennifer Donaldson has represented car accident victims in Denver and the surrounding areas for three decades. To schedule a free consultation with Ms. Donaldson to learn about your legal options, contact us at 303-458-5000.

By Jennifer Donaldson

Back Pain After a Car Accident

Back pain is one of the most common complaints after a motor vehicle accident. In fact, motor vehicle accident/car accident is the leading cause of spinal cord injuries in the United States. 

There is a wide range of spinal cord injuries. Some may be immediately apparent and quickly cause pain, whereas others have a delayed onset. Symptoms may emerge over the course of a few days after trauma. 

Some back injuries fully heal, and the individual is able to resume normal daily activities. Other accident victims may suffer permanent discomfort or disability due to their back injuries. 

Even accidents that seem relatively minor in nature may cause serious back injuries, due to the large amounts of force that are involved with motor vehicle accidents.

Common Types of Back Injuries Caused by Car Accidents 

Spinal Cord Injuries

Spinal cord injuries may affect various regions of the spine, including the cervical spine, the lumbar spine, and the thoracic spine. 

Injuries to the cervical spine may cause paralysis in the trunk, legs, hands, or arms. Breathing and speaking may also be affected. Severe injuries may require 24/7 care and assistance with all daily activities. 

Thoracic spinal cord injuries may cause a loss of function in the legs and lower back, as well as the bowels and bladder. 

Injuries to the lumbar spine may cause loss of use of the legs, feet, and hips. 

Spinal cord injuries may be complete or incomplete. Complete injuries cause a loss of all feeling or movement below the injury site. With incomplete injuries, some movement or sensation is retained below the site of the injury.

In serious accidents, victims may become paralyzed due to their back injuries. Two common types of paralysis are tetraplegia and paraplegia. 

Tetraplegia affects the arms, legs, hands, trunk, and pelvic organs. With tetraplegia, an individual may essentially be paralyzed from the neck down. 

Paraplegia impacts the pelvic organs, trunk, and legs. Those with paraplegia may be able to retain the use of their arms, neck, and hands.

Herniated Discs

Each bony vertebra in the spine is layered between soft discs. These discs help absorb shocks and other blows to the spine. With a herniated disc, a piece of the disc is pushed out into the spinal canal. The displaced disc may press on different nerves and may cause pain. 

Since motor vehicle/car accident accidents often involve a great deal of trauma to the back and spine, herniated discs are a common complaint among many accident victims.

Ligament Injuries

Ligaments are pieces of tissue that connect bones. With a ligament injury, this piece of tissue is torn or otherwise damaged. One common cause of lower back pain is the lumbar strain, which happens when the ligaments in this area of the back are torn.

Facet Joint Injuries 

Facet joints are parts of the vertebrae in the spine. These joints allow the spine to move and bend easily. If the facet joints are injured in an accident, the injury can affect the way the vertebrae line up in a victim’s spine. The resulting misalignment can cause debilitating pain.

Whiplash

Whiplash is one of the most frequently cited injuries victims suffer in a motor vehicle accident. Whiplash occurs when the head is thrown forward and is quickly snapped back, damaging muscles in the neck and back. Whiplash is especially common in rear-end collisions.

Whiplash generally heals on its own, though car accident victims may be uncomfortable and in pain for several days or longer. Some cases of whiplash can be permanent, resulting in the need for lifelong treatment. 

How Are Back Injuries Diagnosed?

There are a number of ways in which physicians diagnose back injuries, including:

  • X-rays
  • Computed tomography (CT) scans
  • Magnetic resonance imaging (MRI)
  • Spinal injections

Back injuries may cost hundreds of thousands of dollars in treatment over an accident victim’s lifetime. Surgery, physical therapy, invasive spinal injections, medications, and other types of treatment may be necessary. 

However, an experienced Denver personal injury attorney can help car accident victims get the compensation they need to cover their medical expenses—both now and in the future. 

If you have been injured in a motor vehicle accident, you should consult an experienced Denver car accident attorney as soon as possible to evaluate your claim. Your attorney will work with a team of experts to show the extent of your injuries and how these injuries may impact you in the future.

Contact Jennifer Donaldson Today to Discuss Your Back Injury Claim

If you have suffered a back injury in a motor vehicle accident, you need an attorney who will fight hard for you until you obtain the compensation you deserve. To schedule a free consultation, contact us at 303-458-5000.