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As Colorado’s streets and highways become ever more congested, your chances of being involved in a car wreck increase by the day. Even if you obey the rules of the road and take every precaution to drive safely, you simply can’t control the actions of others.
If you’ve been hurt by the negligence of another, our Denver car accident attorneys at Fuicelli & Lee have the knowledge and experience to get you the justice and compensation you deserve. Contact us today at (303) 355-7202 to discuss your case for free. We proudly serve clients across Colorado’s Front Range, including Denver, Longmont, and surrounding areas. Se habla Español.
Why Choose Our Denver Car Accident Lawyers
Fuicelli & Lee in Colorado, has a long history of successful car accident settlements and have been highly ranked by prior clients. If you were seriously hurt in a car accident in Colorado, our Denver accident lawyers can get you the compensation you deserve.
- Free No obligation Consultations
- No Fees Unless We Win
- History of happy clients – see testimonials
- Strong reputation for exceptional trial skills
- Hablamos Español
Frequently Asked Questions (FAQs)
- What Should I do After a Car Crash?
- What You Should Never Say After a Car Wreck
- How an Accident Attorney Can Help?
- When Should I Contact a Lawyer?
- What Are the Most Common Car Accident Injuries?
- What Damages Can Be Recovered in a Car Accident Claim?
- What are the Different Types of Car Accidents?
- How long does it take to settle a case?
- What Happens if My Crash Was Caused by a Manufacturer error?
- How to Contact Our Denver Car Accident Lawyers
When to Contact an Accident Attorney
Navigating the insurance process after an accident can leave many people feeling confused, frustrated and angry.
You ask yourself:
- Who pays for what?
- Will insurance cover my car repairs?
- Does the other driver have enough insurance to cover my expenses?
- Should I sign a release from the insurance company?
- The other driver was at fault, but they deny liability; now what?
If you have more questions than answers, it’s a good idea to consult with an attorney to determine whether you have a case.
When you have injuries from the accident
Car accidents that result in injuries come with their own set of questions and complications. Treatment for your injuries could last for weeks or months or even years. You might need to take time off work to recover, and some injuries result in job losses or permanent disabilities that require supplemental income or additional resources.
It’s impossible to know the full extent of medical treatment you will need during the first few days following an accident. So, it’s important to ensure that you have access to the full coverage available to you. An attorney can help you determine which insurance policies can help cover your expenses. If needed, he or she can negotiate your case to help fight for the settlement you need to cover medical care, lost wages and more.
When the case is headed to court
If the other driver disputes details of the event or denies fault, your case could head to court for resolution. The court will call police officers, witnesses and insurance representatives to testify in the case to help determine fault and a settlement.
In many cases, an attorney can help you negotiate a settlement before the case goes to court. If a judge does end up hearing a case, an attorney can gather all the necessary details and argue the case on your behalf.
Our Denver accident attorneys understand local and state insurance laws, and they understand how the system works. Their experience can work strongly in your favor during settlement negotiations to help you recover the maximum amount available.
How Denver Car Accident Attorneys Can Help
When negotiating the complex and sometimes stressful task of insurance claims and settlements, the help of an experienced lawyer is crucial. An experienced car accident attorney can file on your behalf, ensure you meet the necessary deadlines and utilize the necessary resources to build your strongest case and take on insurance companies.
While it’s always a good idea to have a qualified advocate in your corner, there are certain times when you should absolutely enlist the services of a knowledgeable car accident attorney. These include:
- If you suffer a severe injury in a crash
- If you incur significant expenses as a result of your wreck
- If fault for the accident is contested
- If your case is going to court
The legal process can be complex and highly detail-oriented. If you’ve been hurt in an accident, you need an experienced, knowledgeable and passionate attorney who is committed to handling every aspect of your case. Call a Denver car accident lawyer at Fuicelli & Lee today to learn how we can help you. Our car accident attorneys work on a contingency fee basis, which means we only get paid if you collect a settlement.
How Much Do Car Accident Attorneys Charge?
If you have been injured in an accident, the fear of attorney fees should not stop you from contacting an experienced car accident attorney. Most personal injury attorneys, including Fuicelli & Lee, will take your case on a contingency fee basis. This means that you do not have to pay anything unless and until they get compensation for your case. At Fuicelli & Lee, we offer all our clients our No Fee Promise. What this means is:
- We only get paid if you receive a settlement or verdict on your case.
- Our fees are paid as a percentage of the money we help you recover, after the case is settled.
- We offer free initial consultations to help you determine if you have a case.
We hold our integrity very dearly and will not do anything to lose your trust. We will be honest and straightforward with you throughout every step of your legal process.
After a car accident, personal injuries are unfortunately common. Some of the most common accident injuries include:
- Brain injury
- Spinal cord injury
- Burn injuries
- Fractured and broken bones
- Eye injuries
- Post-traumatic arthritis
- Vestibular disfunction
- Amputation/loss of limbs
In the worst cases, car wrecks can be fatal. If you’ve lost someone you love in an auto accident, you can seek, compensation for your losses in a wrongful death claim. Our skilled Denver accident lawyers understand the financial and emotional hardships in these cases and are committed to helping you attain the justice you deserve with compassion and integrity.
What Damages Can Be Recovered in a Denver Car Accident Claim?
If you or somebody you love has been injured in a car accident that was caused by the careless or negligent actions of another driver, there may be various types of compensation available for your claim. This includes both economic and non-economic damages. At Fuicelli & Lee, our car accident lawyers are regularly able to help clients recover the following:
Economic damages are going to include the types of compensation that can be calculated by using bills, receipts, etc. This Includes:
- All medical expenses related to the incident
- Coverage of physical therapy or rehabilitation
- Compensation for any in-home care
- Any out-of-pocket expenses the victim incurs
- Lost wages and benefits if the victim cannot work
- Loss of future earnings in cases of disability
Non-economic damages are going to be a bit harder to calculate because these do not necessarily come with bills or receipts that can be added up. These damages are often referred to as “pain and suffering” damages. We regularly help clients secure the following non-economic damages:
- Physical and mental pain and suffering
- Loss of enjoyment of life damages
- Permanent disfigurement damages
- Emotional distress damages
- Loss of consortium for a spouse
Non-economic damages will typically be calculated by using a “multiplier method.” This means that the victim’s total economic damages will be added up and then multiplied by a set number (typically 1.5 to 4). For example, if a victim sustains $100,000 in economic medical bills and lost income, an attorney could use a multiplier of three to arrive at $300,000 for non-economic damages. They would then ask for a total of $400,000 in compensation for their client.
The total amount of compensation available in the aftermath of a Colorado car accident will vary depending on the facts and circumstances surrounding each particular case. No two car accident cases are alike, so there is no way to predict the exact amount that will be awarded for your particular case. Some of the factors that affect final compensation amounts include the following:
- The severity of the injuries
- The level of the victim’s pain and suffering
- Whether a victim can work at all after the crash
- The total property damage costs
How Is Liability Determined in Colorado?
Liability for losses suffered by victims of car accidents may be based on different legal theories. The most common of these is negligence. Negligence is a legal theory that allows an injured victim to seek monetary compensation from the person or entity who caused their injury. While a person responsible for a car accident may face criminal punishment if their conduct also broke a law, the objective of negligence is not to punish the wrongdoer. Rather, negligence aims to restore the injured victim, as much as possible, to their normal life.
How Is Negligence Established?
When an injured person makes a claim for compensation based on negligence, there are four essential elements that must be proved. The claim would fail if they are unable to prove all four of these elements.
The Elements of Negligence Are:
- The defendant owed a duty of care to the injured victim. Every person in society owes a duty of care to act in a way that does not cause reasonably foreseeable harm to others. This puts a responsibility on people to think of how their actions will closely or directly affect others. Determining the existence of a duty of care between two parties can sometimes be challenging, especially when there are multiple parties involved in an action. Also, a person’s duty may vary depending on the state they are in and the circumstances. An experienced car accident attorney can assess a case and identify all the parties who owed a duty of care to the injured victim.
- The duty of care was breached. A duty of care is breached when a person does not act as a reasonable person would act to avoid harm to others. Examples of a breach of duty include drinking and driving, leaving hazards on your property, or manufacturing defective products.
- The breach was the legal or proximate cause of the victim’s injury. In a car accident, the driver of a vehicle may not be the legal or proximate cause of the accident. In fact, the proximate cause of the accident may be attributable to a party absent from the accident scene. If the accident was caused by a defectively manufactured auto part, the manufacturer of the defective auto part would be the proximate cause of the accident. Determining the proximate cause of a car accident sometimes requires extensive investigation that can be too costly for the victim to bear. An experienced car accident attorney will have access to professionals like accident reconstruction experts who can investigate and identify the proximate cause of the accident.
- The breach caused actual damages. The victim must have suffered actual losses, which can include bodily injury and property damage.
Failure to prove all four elements of negligence can result in a claim getting dismissed or the defendant avoiding liability for the victim’s injury.
How does shared fault affect compensation amounts?
The total amount of compensation awarded in a Colorado car accident it will also depend on whether or not the victim shared any fault for the accident. Colorado operates under a modified comparative negligence system. This means that a person can receive compensation for a car accident if they are less than 50% responsible for the incident. If they are more than 50% responsible, they are not allowed to recover damages. If they are less than 50% responsible, they can recover compensation, but the total amount awarded will be reduced based on their percentage of fault.
For example, if a car accident victim is awarded $100,000 in total damages, but a jury determines that they are 20% responsible for the incident, then the victim would receive $80,000 as opposed to the full amount.
The Statute of Limitations
There are laws that limit the time within which an injured person must make a claim for compensation. These time limits exist to ensure fairness in every case. The law provides enough time for victims to conduct a full investigation and gather evidence to prove their case. On the other hand, the time must be limited to avoid creating a disadvantage for the defendant. With the passage of time, crucial evidence can be lost and the memory of eye witnesses can fade, making it more difficult to fairly determine a claim.
Colorado state General Limitation of Actions law provides that all civil actions arising from a vehicle accident must commence within three years after the accident. Because of the complexities that may be involved in a car accident case, it is important to consult a lawyer as soon as possible after you have been injured in a car accident.
Whether the claim is settled by negotiation or litigated in court, your lawyer needs ample preparation time to gather evidence and put together a compelling case on your behalf. Meticulous preparation is required to succeed on your claim and get you every cent that is due to you.
How long does it take to settle a car accident case?
Again, this depends on many factors, such as the severity of your injuries and the extent of medical treatment you will need. In general, most cases settle after medical treatments have ended and plans for any future medical procedures are known. The other party’s willingness to settle and the complexity of any investigations are other factors to consider.
Car wrecks happen every day across Colorado’s Front Range. Any traffic accident harbors the potential to cause serious damage to your vehicle and cause long-term, life-altering injuries. Some of the most common types of car accidents include:
- Rear-end collisions: This type of crash is the most common, and can occur when drivers follow too closely or don’t pay enough attention to dangerous road conditions such as ice or sudden stops. Rear-end collisions are typically considered the fault of the vehicle in the rear.
- Head-on collisions: These are among the most dangerous and fatal types of car wrecks. They can result from drivers who lose control of their vehicles due to road conditions, impairment, distraction or fatigue.
- Side impact collisions: There are two common types of side-impact collisions: T-bone accidents, which occur when one vehicle crashes head-on into the side of another, and sideswipes, in which one vehicle changes lanes and collides with a vehicle already in that lane.
- Rollover accidents: Rollover accidents happen when vehicles are flipped off their wheels. These are typically single-vehicle accidents, but they can result from collisions with other vehicles.
- Hit and Run accidents: If you’ve been in an accident with a hit and run driver, don’t leave the scene of the accident. Identify other witnesses, take pictures, notify the police and contact our office right away.
Following a car crash, you may experience a flood of concerns. The steps you should take following a wreck depend on how seriously you are hurt. Generally speaking, you should:
- Check for injuries, both yourself and your passengers
- Contact the police and get a police report
- Take pictures
- Get information from the other driver and witnesses
- Seek medical attention to ensure small problems don’t get worse and obtain a medical report
Don’t admit fault and don’t speak with insurance representatives until you contact one of our experienced car accident attorneys. We will listen to the details of your crash and help you determine the best next steps.
How Insurance Companies Devalue Claims
When you are injured in a car accident, you might be approached by an insurance adjuster from the at-fault driver’s insurance company. While it is tempting to and you may see no harm in engaging with them, it is in your best interest to avoid doing so.
Remember that the at-fault driver’s insurance company is not looking out for your best interest. They are looking to protect the interests of the insurance company and pay out as little as possible. They will do anything in their power to avoid complete or partial liability for your injury.
Some of the tactics the insurance companies use to devalue claims include:
- Getting the injured victim to sign a blanket medical authorization that gives them unlimited access to your medical records. This opens the door to the insurance company to get access to all your medical records. For the insurance company, this is a fishing expedition to find prior injuries or medical conditions that they can use to deny responsibility for your accident injury. They could claim that your injuries were caused by your pre-existing condition, rather than the accident. You should not sign any medical authorization unless your attorney instructs you to do so.
- Offering the victim a quick settlement in return for a release of your claim. While it may be tempting to accept any offer that the insurance company makes, remember that their offer is not based on fairness. Their aim, always, is to pay out as little as possible. Often, the true extent of your injury is not evident until days or weeks after the accident, so the value of their settlement may be insufficient to cover your actual losses. So if you are offered a settlement sum soon after your accident, you should politely decline. Do not sign anything until your attorney says it is okay to do so.
- Denying liability for an accident. In a state like Colorado that follows the at-fault car insurance system, an insurance company can avoid total or partial liability by denying fault for the accident. If the injured victim is found to be 50 percent or more at fault for their injury, the insurance company can avoid total liability.
Always remember that the at-fault party’s insurance adjuster is not working for you. As much as possible, limit your interactions with them. Get a lawyer so that they know that you are serious about your claim.
Just as it is important to know what to do after an accident, it’s also crucial to understand what not to do. Even seemingly innocent statements can be twisted and used against you. Some examples of things you should never say after an accident include:
- “I think…” When talking to the police after the accident, answer the officer’s questions truthfully and as accurately as you can, but don’t offer additional information. Never speculate on your speed or distance from the other vehicle at the time of the crash. Simply say, “I don’t know” or avoid saying anything at all.
- “I accept” The other driver’s insurance company will likely try to settle quickly and cheaply. Never accept any offers without first calling Fuicelli & Lee to speak with an experienced car accident lawyer.
- “I’m not hurt” Adrenaline often masks pain and injuries after a crash. Visit a doctor or hospital immediately after an accident, even if you don’t think you are seriously hurt.
- “I’m sorry” This phrase is often taken as an admission of guilt.
If you’ve been injured in a car accident, contact Fuicelli & Lee today at (303) 355-7202 for a free consultation. Our Denver personal injury attorneys welcome clients from Denver, Longmont, and neighboring communities across the Front Range. Se habla Español.