Tag: personal injury claims

By Melanie Stuckey

How Do Insurance Policy Limits Impact Colorado Personal Injury Claims?

At Donaldson Law, LLC, our Denver personal injury attorneys represent clients throughout Colorado who have been hurt or lost a loved one to negligence.

For many injury victims and their families, the insurance representative is the greatest obstacle in seeking compensation from the liable party’s insurance company following an accident. This is because insurance companies have long-standing tactics and protocols that require their agents to delay, undervalue, and deny claims as soon as they are submitted.

Other times, the adjuster is not who is standing in the way of full recovery. Every Colorado insurance policy has a limit of maximum liability, which restricts the amount an insurance company can pay to injury victims — no matter how catastrophic their injuries or recovery needs.

Insurance Policy Limits

These limits can significantly impact our client’s personal injury recovery options.

Here is why.

What are the Colorado Vehicle Insurance Policy Requirements?

Colorado requires all drivers to have minimum insurance coverage for each vehicle.

The minimum coverage includes:

  • $25,000 for bodily injury or death to any one person in an accident.
  • $50,000 for bodily injury or death to all persons in any one accident.
  • $15,000 for property damage in any one accident.

The state requires these minimum coverages, but higher ranges may be purchased.

What Happens If My Injuries and Overall Recovery Needs Exceed the At-Fault Driver’s Policy Limits?

Colorado law provides increased protection for individuals injured in a car accident by a negligent, uninsured, or underinsured motorist. If you were injured in a car accident due to the negligence of an underinsured or uninsured motorist and carry uninsured/underinsured motorist coverage, your automobile insurance may cover damages over the other party’s insurance policy limits or lack of coverage.

What About Personal Injuries that Occur on Public or Private Property?

If a customer is hurt while lawfully visiting a commercial business in Colorado — including grocery stores, restaurants, retail outlets, and other industries — the company’s general liability insurance can help pay for their damages.

Although most commercial leases require this coverage, all Colorado businesses do not require commercial liability insurance. If the company where you were injured does not have general liability coverage and you were injured because of dangerous premises, it may be possible to pursue the property owner for your damages.

If you were injured on private property, like someone else’s home or other premises, you may be eligible to pursue their homeowner’s insurance coverage — or another personal property insurance policy — for your damages.

Colorado does not require homeowner’s insurance by law, but if the home is financed, a lender may require the individual to have a homeowner’s insurance policy.

Contact Our Skilled Personal Injury Lawyers Today

If you are unsure who is liable for your injuries or which type of insurance coverage can be pursued for your damages, contact our skilled personal injury lawyers in Denver at Donaldson Law, LLC by calling (720) 458-5000 or contact us online to schedule a free, confidential consultation to discuss your case.

We can help you understand which personal or commercial insurance coverage can be pursued for your unique incident and injury circumstances.

By admin

Statute of Limitations in Colorado for Injury Claims

Injury Claims

Legal claims generally must be filed within certain time frames. Different types of claims have different deadlines. For example, a breach of contract claim may have a different deadline than a debt collection claim.

There are several purposes for these deadlines. Claimants should be motivated to file their cases, for example. In addition, if extended periods of time were provided to file a claim, it may be difficult for the parties to locate evidence and witnesses to build their cases.

Deadlines for Injury Claims

In Colorado, the deadline for car accident personal injury claims is three years. 

If the injury was not caused by a motor vehicle accident, Colorado allows a victim two years to file a claim. This shorter statute of limitations applies to slip and fall claims, premises liability claims, ski collisions, and other types of injury claims.

If a government entity is involved in the case, the deadline to file a notice of claim is 182 days. When a government entity is involved in an injury claim, the notice to the governmental entity must be filed by this deadline, or you will be forever barred from pursuing your claim.  Once the notice has been filed, the normal statute of limitations applies – three years for an auto collision and two years for most other types of claims. 

In injury claims, the statute of limitations generally begins on the date of the accident. However, in some rare cases, it may begin when the injury or error was discovered.

There are also factors that may “toll,” or “pause” the statute of limitations. However, these factors do not impact the governmental notice deadline.

For example, if a victim is under 18 years of age or is mentally incompetent, the statute of limitations may be tolled. However, once the victim turns 18 or has regained mental competence, the deadline applies.

These exceptions may only apply, however, if there is no legal representative available to file a claim on behalf of the victim. For example, parents or guardians often file claims on behalf of children and other individuals.  If you are a parent or guardian for an injured minor or incompetent individual, it is important to seek legal advice as early as possible. 

What Happens If You Miss the Statute of Limitations?

If an accident victim misses the statute of limitations and files a claim after the deadline has expired, it is very likely that the claim will be dismissed. Even if the victim was not at fault for the accident, the defendant will likely not be held liable for any of the victim’s damages.

This means that the victim will be responsible for all losses related to the accident—such as medical expenses, lost wages, and other costs. Depending on the facts of the case, the victim could be responsible for hundreds of thousands of dollars in damages.

Since there are deadlines in place to file legal claims, it is important to meet with an experienced Colorado personal injury attorney as soon as possible to ensure your claim is filed in a timely manner. Personal injury attorneys know which deadlines apply to your case and will ensure that all necessary documents and evidence are submitted expeditiously.

Although two or three years seems like a generous length of time to prepare and file a claim, there is a great deal of work that often goes into preparing a case for filing. 

Your attorney will need to study medical records, accident reports, and eyewitness statements, for example. Medical providers may need several weeks or longer to produce records, and it may also take time to track down witnesses and discuss the case with them. 

Your attorney will make sure that your legal rights are protected and that all deadlines are met. Instead of worrying about filing and pursuing your claim, you can focus on recovering from your injuries.  

Jennifer Donaldson is Prepared to Help You With Your Claim 

If you need an experienced Denver personal injury attorney to help you with your case, call Jennifer Donaldson. Ms. Donaldson has three decades of experience in personal injury matters and offers a free consultation so that you can learn about your legal options. To schedule your free consultation, contact us at 303-458-5000.