When you’ve been injured in a car accident, your whole life can change. We’re here to help you recover your losses, whether it is to compensate for lost wages, medical bills, pain and suffering, or other harms and losses.

When we take a case, the Burton and Burton firm strives to understand the unique challenges present in each case to better assist our clients with questions they may have and ensure that their legal rights are protected.

Colorado Car Accident Law Concerning Injuries or Death

Under Colorado law, the person who causes a car accident is financially responsible for all of the provable damages related to the accident. Typical damages following a car accident may include damages to property (such as car damage), and bodily injury (damage to the vehicle occupants themselves). For legal purposes, a bodily injury claim is generally sub-divided into two categories that stem from the accident:

1. Economic Damages (past and future medical expenses, potential wage loss, and additional expenses related to physical impairment and disfigurement)
2. Non-Economic Damages (pain, suffering, loss of enjoyment of life, inconvenience, physical impairment, and other similar losses)

The dollar value of these categories of damages can add up quickly. Thankfully, Colorado law requires every owner of an automobile in the State of Colorado to buy a minimum amount of car insurance to pay for these categories of damages. There are two types of mandatory car insurance in Colorado:

1. PROPERTY DAMAGE LIABILITY COVERAGE- this coverage pays for the damage to the automobile involved in the accident and is paid out on behalf of the at-fault driver.
2. BODILY INJURY LIABILITY COVERAGE- this coverage pays on behalf of the at-fault driver for bodily injuries sustained in a motor vehicle collision. The State of Colorado requires that every owner of an automobile have at least $25,000.00 in bodily injury liability insurance coverage.

In Colorado, the person who caused the accident (the at-fault driver) and/or their insurance company is financially responsible for all of your accident-related injuries, damages, and losses.

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. Unfortunately, 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.

Also, in most injury cases it is important to have an injury lawyer examine all of the potential insurance sources that may provide coverage to you as a result of your accident.

In most injury cases it is important to have a Colorado car accident lawyer examine all of the potential insurance sources that may provide coverage to you as a result of your accident. At Burton and Burton, LLC, for our clients, 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, the car accident attorney Rebecca Aldrich 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 car accident injury claim reviewed by Colorado car accident lawyers.

An initial consultation with Burton and Burton, LLC regarding injuries sustained in a car accident is always free. If Burton and Burton agrees 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 car 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 under-insured (UIM) coverage so consumers finally get the coverage they pay for when they are injured by an uninsured or under-insured motorist.

What Claims Do I Have?

There are several different claims you may have if you have been involved in a motor vehicle collision. First, you may have a claim for negligence against the driver of the other vehicle. Second, you may have a claim for negligence against the owner of the vehicle if the owner is different from the person driving the car. Third, you may also have a claim for negligent entrustment or negligent hiring, training and supervision, if the owner of the car is different than the driver of the vehicle and the owner knew or should have known that the driver would operate the car in a careless, reckless or negligent manner.

What Can I Recover?

If you have been injured in a motor vehicle accident, including an automobile accident, semi-truck accident, motorcycle accident, bicycle accident, drunk driving accident, and even a pedestrian accident, you may be entitled to recover 1) economic damages, which include compensation for 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, which may include compensation for scars or physical disability as a result of the injuries you sustained in the accident.

Will my insurance rates go up?

Under Colorado law, an automobile insurance company cannot raise your insurance rates because you make a claim for uninsured or under-insured motorist benefits in an accident that you did not cause.

Do I have to pay back my health insurance?

Most health insurance plans have a right of subrogation or reimbursement. What this means is that if your health insurance pays for your medical expenses, they may have a right to get paid back for those expenses either from the at-fault party’s insurance carrier or from you out of any settlement you receive from the at-fault party. Before accepting any settlement from an at-fault driver or their insurance company, it is very important for one of the experienced attorney, Rebecca Aldrich would be willing to closely examine your health insurance policy to determine the extent to which your health insurance company has a right to get repaid.

Who pays for my wage loss?

The at-fault party is responsible for paying for your wage loss. However, you only get to make one claim with the at-fault party’s insurance company, and therefore you may need help with your lost wages before you make the claim against the at-fault party. It is important to document any time-off from work that you may have as a result of injuries sustained in the accident.