Filing a car accident case in Colorado Springs means a claim is beyond the point where a settlement could happen. If the negotiation process has broken down and the two sides cannot come to an agreement, the injured party may file a complaint against the at-fault party, as long as they are still within the statute of limitations.
In order to recover compensation under these circumstances, a person injured in a car accident in Colorado Springs should have an attorney file a complaint on their behalf. Within the complaint, they are going to make general allegations, state information about themselves and the defendant, and seek an amount of damages for the defendant’s alleged misconduct.
A typical complaint in a Colorado Springs car crash case will provide a breakdown of facts, talk about who bears liability for the collision in question, and similar issues. At the end of the complaint, the plaintiff and their attorney would then make their claim for legal relief.
A lot of times, a legal claim for damages is based on negligence. It follows that filing an auto collision case in Colorado Springs requires an understanding of relevant state laws regarding legal negligence and options for recovery. It is also necessary to provide an itemized list of compensation they want for specific damages.
In most cases, this would include economic and non-economic damages, attorney’s fees and court costs, pre- and post-judgment interest, and similar expenses. A plaintiff can also request a trial by jury within the state of Colorado when submitting a formal legal complaint.
Prior to filing, attorneys usually try to meet with clients before active negotiations have broken down and the parties cannot reach a settlement. During this meeting, they would talk frankly about litigation and what that looks like, as well as review everything they received in terms of evidence up to that point in the case, such as medical records, medical bills, police reports, photographs, and witness statements.
Based on the evidence collected to date, attorneys and plaintiffs can perform a cost-benefit analysis together of going into court versus going to trial. In either scenario, the client is involved every step of the way, and before the complaint is filed, they get an opportunity to review the complaint, ask questions, and make sure that the information there is correct.
In Colorado Springs, car accident claims are filed in a district court for the Fourth Judicial District. There are two counties in the fourth Judicial District—El Paso County and Teller County—and each has their own district court.
After a plaintiff files an action, they do not forfeit their rights to negotiate outside of court. Negotiations can and often do continue even after the case is filed, and just because the case is filed does not mean that it will always proceed all the way to trial. A lot of times, cases still settle even after a complaint has been filed.
That being said, it is important to retain experienced Colorado Springs legal counsel when filing a car accident claim, because Colorado Springs trial attorneys are in court all the time. They know the judges, they understand the process, and they speak the language of the court that is used when trying to admit a piece of evidence or make a standing objection. That is a specific skill that a trial attorney has that an individual plaintiff usually does not.
If you try to file a claim for your Colorado Springs car accident case on your own, it can be a very difficult and intimidating process, which is why the help of an attorney can be very beneficial both in and out of the courtroom. While individual parties are focused on their issues in their cases, attorneys are focused on achieving a positive outcome for their clients.
Skilled lawyers know how to work cases, know the law, and know the facts. They speak the language and understand the process, whereas a party without an attorney would have to learn all of that on their own. Based on that alone, hiring legal counsel before filing a claim is recommended in almost all circumstances.