Firouzbakht Law Firm | Colorado Personal Injury Law Firm
Firouzbakth Law Firm Logo
Firouzbakth Law Firm Logo

Can You Sue if You Get Hit by a Car in Denver?

02/26/2021

It starts out as a regular day, but it ends in pain, suffering and loss. You get hit by a car, and you have to go to hospital, losing wages and incurring medical bills. Meanwhile, an insurance company agent will try to persuade you to sign a quick settlement. In our experience as personal injury lawyers, this kind of settlement does not fully cover your medical expenses, property damage and non-economic losses. Can you sue if you get hit by a car in Denver?

Thus, should you sue the other driver for damages? You have this option according to the law. However, you should consider hiring a personal injury attorney in Denver at Firouzbakth Law Firm to evaluate your case and offer you the best advice in order to make a successful claim.

How Much Can You Sue for a Car Accident?

If you are the victim of a car crash caused by another person's negligence, according to the law you are entitled to compensation amounts for:

  • medical bills while you were in hospital to recover from your physical injuries, including transportation to hospital, surgery, blood tests, MRI and other types of investigations
  • future health care expenses if you were left with debilitating injuries
  • loss of wage and loss of income, even if you are self-employed
  • property damage: from your car or bicycle to your cell phone or watch, you are owed compensation for any item damaged in the crash
  • non-economic losses: pain and suffering, disfigurement, permanent disability, emotional distress, loss of enjoyment of life.

As for the average amount of money you may expect to recover, this answer can be given only by your personal injury lawyer after examining your case. All consultations with clients are confidential, thus there is no public database of auto accident settlements we can refer you to read. Also, each case is unique from the point of view of circumstances, the extent of your injuries and the proportion of fault for the accident.

How Can You Prove that the Other Driver Was at Fault?

The State of Colorado relies on a "traditional tort" liability system, meaning that the party found to be negligent is responsible for paying the injuries and losses caused in a car accident. At Firouzbakht Law Firm, we have helped many drivers, pedestrians and cyclists obtain compensation after suffering an auto accident, and fault was determined in one of the following ways:

A judge finds a defendant guilty in a Denver court room
  • The circumstances of the accident: for accidents involving pedestrians, we simply have to determine whether you were crossing the road on a crosswalk; for vehicles, the nature of the damage to your vehicle will show whether the other driver caused a frontal collision, rear ended you or swerved and hit your vehicle;
  • the police report: in case of any accident with injuries, it is recommended to call the law enforcement representatives. They will conduct an investigation at the site of the crash and prepare a report, which we can use during settlement negotiations or in court;
  • Witnesses: eyewitnesses can clear up the circumstances of the accident, not only through statements, but also by providing photos or videos they may have taken with their cell phones;
  • Independent investigations: when we cannot ascertain the circumstances of the accident, we will conduct an investigation, collecting evidence to be used for negligence claim negotiations or during a personal injury lawsuit.

What Happens if You Are Hit by an Uninsured Driver?

Unfortunately, there are still too many uninsured drivers in the US. According to the Insurance Information Institute around 13% of all US drivers are uninsured. The State of Colorado, according to the statistics, has 13.3% uninsured drivers. What happens if one of them hits you? First of all, you need to get the negligent driver's contact details, including a signed statement that they do not hold insurance.

Next, you should submit a claim to your insurance company. According to Colorado Revised Statutes Title 10 Part 6, companies selling automobile insurances are required to offer uninsured motorists insurance, allowing you to recover between $25,000 and $100,000 for your losses. However, the best course of action if you want to recover the maximum possible amount of your losses and medical care costs is to contact an experienced car accident lawyer in Denver.

You Are Partly at Fault for the Accident - Can You Sue?

In some cases, you may be partly at fault for the accident. For instance:

  • you were jay walking when a car hit you
  • you were riding your bike at night without wearing reflective clothing
  • you were distracted from driving by listening to music or talking to passengers in your cars.

In these situations, the Colorado Revised Statues Title 13 stipulates the comparative negligence as a means of establishing compensation for damages. According to this principle, if your degree of negligence was not as large as great as the other individual's, you are still entitled to seek recovery for the damages incurred.

However, insurance companies will always try to lay a larger proportion of responsibility on you for pedestrian accidents or motor vehicle accidents in order to pay as little compensation as possible. An experienced personal injury attorney will analyze the circumstances of the accident and establish your comparative negligence in the fairest and most accurate manner possible.

Reasons to Hire a Car Accident Attorney

So far, you know that you have a right to compensation if you are hit by a car and that you have to negotiate with the other driver's insurer (or yours if the driver is uninsured or underinsured). You may wonder - why shouldn't you simply carry out these negotiations in person? Why hire a car accident attorney?

Here are four important reasons for retaining a personal injury attorney from Firouzbakth Law Firm in Denver:

A lawyer stands in a court room in Denver

1. You Need to Act Fast

The sooner you open a claim for damages, the most likely it is to succeed. However, if you are in hospital with severe or critical injuries, you may need months to recover properly. In this scenario, the insurance company may take advantage of your vulnerability to settle the case.

If you are represented by an experienced attorney, the claim file will be carefully prepared, including all relevant expenses and losses, such as:

  • hospitalization bills
  • cost to repair your vehicle and other items damaged in the crash
  • wage statements demonstrating the lost wages you incur while in hospital
  • other relevant documents, including a copy of the police report.

2. An Attorney Has Access to Many Resources

We have extensive experience and knowledge in personal injury law and know how many resources are needed to build up a strong case for settlement negotiations or trial. We will reach out to witnesses and ask them to describe the event, contact the police to obtain a copy of the report and even conduct our own reenactment of the traffic accident.

3. We Can Find Ways to Maximize the Compensation You Are Entitled to Get

In most cases, you can realistically recover the at fault driver's car insurance policy limit. In the state of Colorado, drivers are required to carry:

  • $25,000 per person in bodily injury liability insurance
  • $50,000 per accident
  • $15,000 per occurrence in property damage liability.

Your accident lawyer team can discover details about the driver that may not occur to the average person, for instance that they were driving for work. In this case the diver's employer and their insurance company may be included in your claim.

4. You Can Afford to Hire a Lawyer

Personal injury attorneys work on a contingency fee basis. This means that you do not have to worry about any advance payment, on top of your hospital bills and emotional distress. Our fee is calculated as a percentage of the compensation amount we win for you.

At Firouzbakht Law Firm, our approach is simple: we use our best knowledge and experience to fight aggressively for your rights. We keep you informed at every step of the process, and we treat you with professionalism and compassion. If you or your loved one was injured in a car crash, we encourage you to fill in the contact form or call use for a free case evaluation: 833-801-0171!

Free Case Review
crossmenu linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram