Dealing with physical injuries, mental trauma, and financial losses after a car accident is never easy. Sadly, accidents are common on Colorado roads across all seasons, and a considerable number of cases are reported in and around Pueblo and Colorado Springs. If the accident happened because of someone’s pure intent, disregard for safety, or neglect, you can file a lawsuit seeking compensation. Colorado is a fault state, and you can file an insurance claim with the at-fault driver’s insurance company. A skilled Pueblo personal injury attorney can help in getting a fair compensation for your injuries and losses. In this post, we are sharing a few relevant details worth knowing.
Deadline for taking action
Colorado’s statute of limitations allows three years to file a personal injury lawsuit after a car accident. The count starts from the date of accident. If you are just suing for property damage, the deadline remains the same. For wrongful death lawsuits, the statute of limitations allows a period of two years, counting from date of death, which may not be same as date of accident. Note that you are required to inform the insurance company within a reasonable time. The statute of limitations doesn’t apply to insurance claims.
What to do after an accident?
- All car accidents in Colorado must be reported, if there was injury, death, or property damage involved. You need to call the police, or report the incident to the nearest sheriff’s office.
- Exchange details with others. Note down contact and insurance details of other drivers involved in the accident. If there were witnesses to the accident, note down their details too.
- Call 911, when necessary. If someone is injured or in need of assistance and medical care, call 911 without any delay.
Understanding modified comparative negligence
If you were partly at fault, you can still seek compensation from the at-fault driver in Colorado. For the unversed, Colorado is a modified comparative negligence state. As long as your share of fault is less than 50%, you can file a lawsuit against the other driver at fault. However, your eventual settlement will be reduced by your share of fault in percentage.
Check online now to find a reliable personal injury lawyer in Pueblo. Keep in mind that you will have to fight with the insurance claims adjuster to get a settlement, and it won’t be easy. The insurance company may use the modified comparative negligence rule to their benefit, and you need a lawyer to protect your rights.