Will I Have to File a Lawsuit for my Colorado Springs Car Accident Case?
Individuals in Colorado Springs can seek compensation for injuries and property damage incurred in a car accident through Colorado’s personal injury claims process. While most personal injury claims are resolved through a settlement agreement outside of court, having the ability to file a lawsuit for your car accident case is an important option to have.
How the Car Accident Claims Process Works in Colorado Springs
In Colorado Springs, individuals injured as a result of a careless or reckless motorist generally seek compensation through a personal injury claim filed against the at-fault party’s auto liability insurance policy. Unfortunately, the claims adjuster who evaluates the claim on behalf of the insurance company to determine how much compensation is owed to the claimant will not always agree to pay the claim in full or make a reasonable settlement offer. In these situations, the claimant can file their claim as a lawsuit in civil court for a judge or jury to determine liability and compensation.
Settling the Claim
An estimated 95% of all personal injury claims in the U.S. are resolved out of court through a settlement, which generally involves the claimant agreeing to dismiss their legal claim against the at-fault party in exchange for compensation. The compensation provided through a settlement is usually less than the established value of the claim. The initial settlement offer for a Colorado Springs car accident case is often less than half of the claim’s value. Still, the claimant’s attorney can negotiate with the claims adjuster to get them to increase their offer.
There are benefits for both the claimant and the insurance provider in settling the claim out of court, including avoiding the expense and time involved in litigation, as well as the ability to have a say in the claim’s resolution rather than leaving it to the court to decide.
When a Lawsuit Is Filed
Car accident lawsuits in Colorado Springs must be filed in court by the state’s statute of limitations for personal injury claims, which is three years after the date on which the accident occurred. It is important to note that just because the claim is filed in court doesn’t mean the case won’t be resolved by settlement. Settlement offers can be made at any time after the claim has been filed until a judge or jury has decided on the matter. Filing a lawsuit often encourages the claims adjuster to take settlement negotiations seriously, as they know if they fail to make a fair offer, they will wind up in court.
The Importance of Meeting the Filing Deadline in your Car Accident Case
One of the cornerstones of having a successful outcome in a Colorado Springs car accident case is ensuring that the claim is filed before the statute of limitations expires. Failing to file the claim by this deadline will result in losing the claimant’s ability to use the court system when seeking compensation for their injuries. Without the ability to file a lawsuit and pursue the matter in court, the claimant will usually find that the insurance company won’t settle the claim either because there are no legal consequences if they don’t.
How a Lawyer Can Help With Your Car Accident Case
A Colorado Springs car accident attorney can bring several positive attributes to their client’s effort to obtain compensation for their injury, including the following.
Experience
A car accident attorney understands the types of evidence and medical documentation needed to prove liability in a car accident case and justify the claim’s value. This prevents the claimant from becoming overwhelmed by the formalities of the process and the tactics insurance companies use to reduce the value of personal injury claims or eliminate them entirely.
Guidance
All of the important decisions that need to be made about the status of a claimant’s case are their own to make. They decide when a lawsuit is filed or when a settlement offer is accepted. Their attorney ensures they have the information they need to make informed decisions.
Legwork
Part of what makes the personal injury claims process so overwhelming for claimants is trying to determine what types of evidence and documentation are needed, how to gather it, and how, when, and where to file their claim. Personal injury lawyers usually have a team of legal professionals to assist them in gathering the information needed to make and prove the claim and a deep understanding of the various actions that must be taken to protect the client’s right to compensation.
Communication
A car accident lawyer communicates with all parties of the case. They communicate with their client about the status of the case. They communicate with the claims adjuster to negotiate a settlement. They communicate with opposing counsel during the litigation process. They communicate with a judge or jury to show liability and justify expenses.