When involved in an automobile collision, it may leave you with injuries that keep you anxious and in pain. You may wonder if you have to attend a court trial or meet with a personal injury lawyer concerning the accident. Personal injury lawyers negotiate claims with insurance companies for clients, but not all auto crash victims need representation regards to bodily injuries sustained from the accident.
Almost all motor vehicle accident insurance claims are resolved before they're taken to court, however, it's not uncommon for some cases to go to trial in order to resolve disputes that can't be settled outside of court. If your case does go to trial, there are a few things you should expect.
How to Prove Negligence in a Car Crash Case in Denver?
When you file a personal injury claim, you must prove negligence to win a court award or a settlement from the insurance company. Here is a closer look at the four fundamental elements of a negligence claim:
Duty of Care
The other driver has a duty to operate a motor vehicle with a certain level of due care concerning other motorists and passengers on the road.
Breach of Duty
The at-fault driver breached that duty by doing or not doing something that put you in harm’s way. For instance, the driver ran a red light at an intersection or exceeded the posted speed limit.
Causation
That negligent driver’s breach of duty caused your bodily injuries, which establishes the driver’s legal responsibility for your bodily harm and financial losses.
Damages
Damages refer to your personal injuries and losses that result from a car wreck. These can be physical pain and psychological pain, lost wages as a result of missing time from work or no longer being able to perform your duties, and property damage and vehicle damage.
Your auto crash attorney can help establish a monetary value for your economic damages, non-economic damages, and punitive damages which may include emotional distress, disfigurement, loss of companionship, loss of quality of life, and loss of enjoyment of life.
Learn More: When Should You Get a Lawyer For a Car Accident?
What to Expect if Your Car Accident Case Goes to Court
According to the American Bar Association (ABA) even if driver negligence isn’t intentional, it still counts as negligence and can leave injured victims with harrowing road rage stories. The first step when seeking financial recovery is in the form of an insurance claim. If negotiations with the at-fault driver’s insurance company don’t reach a fair settlement, you may need to take your case to court. Here is what you can expect:
- A Jury. This is a group of twelve people chosen from the community who listen to witnesses and examine the evidence, then decide on the guilt or innocence of people accused of crimes.
- Proof of evidence. The injured person has the burden of proof, or responsibility to be proven correct. Your attorney can present evidence in your case as you request, including calling witnesses to the stand who will tell their account of what occurred prior to and during the accident that caused you and others harm. A medical professional may be called to testify about your bodily injuries sustained during the crash. It's crucial to seek medical care following the crash because they will document all of your costs related to recovering from the car crash - including prescriptions, lost wages, and hospital stays if necessary - so make sure you get those items on record with your attorney.
Do I Need a Denver Car Accident Attorney?
An auto crash can leave you out of work. Also, it can leave you hospitalized with large medical costs. Additionally, you may not have a working motor vehicle. Also, with severe injuries, you could face long-term medical bills, disability, loss of consortium, and loss of quality of life.
If the other driver or a third party caused your traffic accident, you have the right to go to court in pursuit of maximum compensation.
Above all, you risk losing this opportunity if you don’t have an excellent Denver auto accident attorney on your side. In the financial recovery process, there are many challenges you may face while filing an auto accident lawsuit, including:
- You have a limited time to make a personal injury claim
- Needing a legal advocate
- Help to navigate the entire legal process
- Laws vary between states
- Proving liability is difficult
- Filing a personal injury lawsuit is complex
- Different financial settlement options
- Proving your case in court is complex
- You may lose money
What Should You Do After a Denver Automobile Wreck?
There are many steps you should take to protect yourself after an automobile crash.
- First, be safe. Do not get out of your car unless it's safe to do so. Do not move your vehicle unless it's necessary to protect your safety and the safety of other motorists, and you can do so.
- Call 911 and/or the police department. Ask those involved if they have suffered any bodily injury. If someone was injured in the crash, call 911 and law enforcement. Exchange insurance information with the responsible parties.
- Take pictures. Photographs of the accident scene, any vehicle damage, and any bodily injuries you have will be helpful in your insurance claim.
- Exchange insurance information. Take photos of the other drivers’ insurance information, their license plates, and their driver’s licenses.
- Seek medical attention. Some physical injuries are delayed and don't exhibit symptoms right away. If you start to feel pain later in the day or wake up in pain the next day, ensure you seek medical care with your primary care physician, at the emergency room or urgent care center.
- Speak with an experienced attorney in Denver, Colorado. The liable party will likely have an auto insurance company protecting their interests. It's crucial to contact an experienced lawyer as soon as possible after the crash. You should not give a statement to the insurance adjuster or accept a monetary settlement offer until you have hired an experienced Denver car injury attorney to protect your interests during this difficult time.
Contact Our Reliable Auto Accident Attorneys Today for Legal Advice!
DCAL can provide the comprehensive legal representation you need after a car collision caused by a negligent driver. We can carefully review the evidence, help you establish fault for your monetary damages, and thoroughly examine every available channel of fair compensation. Contact our Denver personal injury law firm today at 720-770-5454 to schedule a no-cost initial consultation with our legal team or fill out the contact form on our website.