Whether your road incident was a result of a bicycle accident, a motorcycle accident, a pedestrian accident, a car accident, or a truck accident, there are some common factors to consider. After reading this overview, explore the links in this section for more information about your potential claim. Chalat Hatten & Banker have the insight, experience, and compassion to help with every type of roadway accident, and with every type of injury or circumstance of wrongful death.
Though most people are familiar with the rules of the road and understand basic traffic safety, a new traffic accident occurs in the U.S. every minute. Preventable driver error, e.g., distracted or drunk driving, causes most motor vehicle accidents. Other factors include traffic violations, equipment or vehicle failure, and road conditions.
The outcome for a victim can be catastrophic, and recovery – if possible – can take years. It can be especially frustrating to be a victim of a preventable error or circumstance. You’re angry, and you need to heal physically, emotionally, and financially. You’re in the right place. Most serious motor vehicle accidents will be assessed by the attending police officer or state patrol, but resulting traffic citations may not determine the responsibility in a civil lawsuit. Your personal injury claim for the motor vehicle accident will be filed in a different court from the traffic offenses.
Here are straight answers to few questions you may have right now. Explore our links to specific accident types for deeper insight into your situation.
My motor vehicle accident occurred in Colorado. Do I need to file in Colorado?
Regardless of where you are now, if your vehicular accident occurred in Colorado, the claim will need to be filed in Colorado. Because motor vehicle claims arise from state law, the claim will be pursued in the state where the accident occurred.
How long do I have to file a vehicular accident lawsuit?
Lawsuits for motor vehicle accidents must be filed with the court within three years of the accident; this is the statute of limitations for motor vehicle accident lawsuits in Colorado. Read more about time limits.
What will I gain from a vehicular accident lawsuit?
Serious traffic accidents are often traumatic, and made more so by the difficulty of understanding the facts surrounding the crash. The details are often unclear, so finding out what happened is the first concern of most vehicular accident victims. Sadly, one of the only certain ways of discovering the truth is to file a lawsuit. Accident victims tend to feel unengaged with the criminal prosecution; a civil lawsuit allows the injured victim to control the process of getting answers.
Compensation for economic losses such as medical expenses (including those paid by your medical insurance provider) and lost wages should be sought for both the past and future. These are typically expenses easily supported by documents, such as payroll stubs and medical bills. Some losses are harder to measure, such as a permanently impaired body or the diminished ability to enjoy life, but these also deserve compensation. Both economic losses and non-economic injuries are legitimate elements of the damages, and victims will look to the responsible party for compensation. Read more about damages.
What should I expect as a plaintiff in a motor vehicle accident lawsuit?
Pursuing a personal injury claim, including a motor vehicle accident case, is a significant personal and financial decision. You will invest about two years in the process until your case will be ready for settlement or trial. The process begins with the filing of a complaint by the plaintiff, the injured party. Several months are spent on investigating and collecting evidence by both sides in preparation for trial; the only way to achieve a top settlement for your case is to be ready. Read more about the litigation process.
Personal matters become public in any personal injury lawsuit, you will be forced to share the most intimate details of your daily life with strangers, including many who are openly hostile. Choose a lawyer with whom you are comfortable and who is experienced in protecting vehicular accident victims from further harassment. We’re here to protect you as well as represent you.