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Under Colorado law, a person who negligently (or carelessly) operates
a motor vehicle, causing injury to others, is responsible to pay
damages to those persons. Colorado law defines “negligence”
as follows:
"Negligence means a failure to do an act which a reasonably
careful person would do (or doing an act which a reasonably careful
person would not do), under the same or similar circumstances to
protect oneself or others from injury, death, or property damage."
Colorado Jury Instruction 9:4.
Colorado law defines “reasonable care” as follows:
"Reasonable care is that degree of care which a reasonably
careful person would use under same or similar circumstances."
Colorado Jury Instruction 9:6.
Failure to use reasonable care when operating a motor vehicle is
the basis for most automobile accident claims. Contrary to what
many insurance company advertisements would have you believe, most
automobile accidents don’t just happen. They are caused by
the failure of the negligent driver to use reasonable care when
operating their vehicle.
Colorado law also requires that all drivers have automobile insurance.
When an automobile accident occurs, the negligent driver’s
insurance is required to pay for the damages caused by that accident.
If a person is injured by an uninsured driver, that person’s
own automobile insurance policy may provide compensation for their
damages.
Damages for the injured party are separated into three categories:
- Non-economic damages: compensation for pain, suffering, emotional
distress, and loss of enjoyment of life.
- Economic damages: compensation for financial losses including medical
expenses, rehabilitation expenses, lost wages, and property damage.
- Permanent disability and disfigurement: compensation for injuries
which are permanent in nature causing lifelong disability and physical
or mental impairment, as well as, compensation for disfigurement
or scarring.
Unfortunately, many insurance companies are not willing to pay
a reasonable amount for these damages. Insurance companies have
spent millions of dollars on advertising and propaganda to convince
the public that they should not have to pay anyone injured in an
accident. They would rather collect the insurance premiums and not
have to pay any claims.
Many insurance companies intentionally make it as difficult as
possible for an injured person to obtain compensation so that they
will become frustrated with the insurance system and just give up.
Some of their tactics include refusing to pay claims, refusing to
return phone calls, long delays in providing benefits, frequently
changing insurance adjusters, sending your file from one office
to another, losing files, and a host of other strategies. They hope
that you will not hire an attorney and find out what you are legally
entitled to by law.
Time Limits on Filing Suit
Every case has a statute of limitations that will apply. It varies
by the type of case and the state where the case is filed. Don't
wait until there is trouble or until the end of your case to get
an attorney. Your attorney would prefer to be involved every step
of the way, to monitor your case, to guide you, to prevent trouble,
and to assist you.
| If you or a loved one has been injured in an automobile accident, please contact us for an honest and fair evaluation of your case. |
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