How to establish a right to a Colorado car accident claim
To establish a claim for your personal injuries related to a motor vehicle accident, three requirements must be met: 1) Fault for the car accident must be proved, and it must be clear that the at-fault driver is responsible for causing the accident; 2) you must have incurred damages; and 3) you must prove that the damages being claimed were caused by the automobile accident.
What can be recovered in a car accident claim?
The recoverable bodily injury damages can be divided into different categories:1) economic damages, which include past and future medical expenses, past and future wage loss, impairment of earning capacity, and other out-of-pocket expenses; 2) non-economic damages, which include inconvenience, loss of quality of life, emotional distress, pain and suffering; and 3) physical impairment and disfigurement.
Who will pay for medical expenses after an automobile accident?
After being injured in a car accident, the first question many people want answered is "who will pay for my medical expenses?" The person who causes the automobile accident (or their insurance company) is ultimately financially responsible for all of the reasonable and medically necessary accident-related medical expenses. In most cases, the medical expenses are not paid by the at-fault driver (or their insurance company) at the time the medical expenses are incurred. Instead, in most cases, reimbursement for the medical expenses is one part of a single lump sum settlement fund that is negotiated only after all accident-related medical care is complete. Therefore, in the short term, (before the final settlement) in most cases, the medical expenses need to be covered by some other source. The choice made among potential payment sources for medical care may have different implications on the personal injury case.
In most injury cases it is important to have a practiced lawyer examine all of the potential insurance sources that may provide coverage to you as a result of your accident. At Bachus & Schanker, LLC, we may examine several different interim medical bill payment sources; this examination may include examination of our clients' own car insurance coverage to see if the policy includes "medical payment" benefits. A "medical payment" benefit is an optional form of coverage that may require our clients' own auto insurance company to pay some portion of our clients' medical expenses. If no medical payment coverage exists, our lawyers may look to our clients' health insurance to cover medical expenses. If there is no health insurance available to help cover medical expenses, we may work with the health care professionals chosen by our clients to see if the providers are willing to provide medical care through an agreed upon "medical lien." A medical lien means that you pay the medical provider once you receive your personal injury settlement.
Should I hire a Colorado car accident lawyer?
People often wonder if their accident or their injuries are big enough to even justify hiring an attorney. Given all the complexities that may be involved in handling injury claims, it is very important to consider having any type of injury claim reviewed by an accident and personal injury attorney.
An initial consultation with Bachus & Schanker, LLC regarding injuries sustained in a car accident is always free. If we agree to take the case, most clients will be offered the opportunity to have us work on a "contingency fee" basis. This means the law firm is paid a percentage of what is recovered, rather than charging by the hour for our legal services.
Uninsured motorist laws for accidents in colorado
Although Colorado law requires every automobile owner in Colorado to maintain insurance on their vehicle, many drivers who cause accidents do not have car insurance and are therefore "uninsured motorists. In other cases, the driver who causes an accident may be insured but may not have enough insurance coverage to pay for all of the medical expenses and lost wages incurred due to the accident and is therefore "under-insured."
When contacted by people injured in car accidents, we are frequently asked "What happens to my case if the person who caused the accident is uninsured or doesn't have enough insurance?"
A new law, effective January 1, 2008 changes Colorado's uninsured (UM) and underinsured (UIM) coverage so consumers finally get the coverage they pay for when they are injured by an uninsured or under-insured motorist. We've created a comprehensive guide to uninsured motorist law in Colorado so you can learn more about this law and how it affects you and your family. If you're in need of a free consultation from a lawyer, we can help.