Your Rights to File a Personal Injury Claim after an Accident

Personal injury attorneys help victims of serious accidents preserve their rights to compensation and fair treatment. In fact, as the victim of an accident or a family member of a deceased or incapacitated victim, the first right you have is to retain an attorney to assist you through the personal injury claims process.

Your attorney will explain your rights and ensure they are upheld as you progress toward settling your claim.

Your Legal Right to Compensation in a Personal Injury Claim

Compensation for an accident revolves around two main things: liability for the accident and when the claim is filed. The first element, liability, is part of the Colorado negligence system.

Colorado follows a modified comparative fault system which allows a party to be up to 50 percent at fault for the accident and still recover damages. As long as you fall below this threshold you have the right to seek compensation for your damages.

The time to file is also a matter that may impact your rights to file a personal injury claim. Colorado’s statute of limitations allow only two years from the date of the accident during which a victim can file a personal injury suit. The exception to this law is for car accidents, which may be filed as late as three years from the accident.

If you meet the criteria for compensation, you have the right to seek a settlement that reflects the complete range of damages you suffered from the accident.

A settlement may include:

• medical expenses;
• lost wages; and
• pain and suffering compensation.

Your attorney will help you estimate the value of your settlement in regard to current damages as well as projected long-term costs of medical care, work loss, disability, and the emotional impact.

Your Legal Right to Fair Treatment During a Personal Injury Claim

Insurance companies often attempt to settle injury claims for as little as possible and as quickly as possible. This can result in somewhat abrasive treatment from insurance adjusters who don’t want to give you time to evaluate your options and make informed decisions.

Some insurance agents even turn to bad faith practices like:

• requesting unnecessary documents;
• failing to communicate in a reasonable manner; and
• offering no explanation for a denial.

You have the right to request all information regarding settlements in writing and have an attorney review settlement offers before you agree. This will help you get a fair deal and your rightful benefits from the insurance company.

If your needs are not met through the settlement offered, you may attempt to continue to negotiate out of court, or you have the right to file a lawsuit against the negligent party to seek full compensation for your damages.

Attorney D.J Banovitz: Protecting Your Rights

Attorney D.J. Banovitz has dedicated his career to helping accident victims in and around Aurora understand and defend their rights to compensation after another’s negligent actions has caused them harm. Call 303-300-5060 or fill out our online contact form for a free, no pressure consultation about your case.