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Negligence occurs throughout many different scenarios and leading to many people suffering injuries. These situations may require you to file a personal injury claim, which can be a long and arduous process, but also one that is necessary to pursue compensation.
It’s vital that you recognize the process to have a better idea of what to expect and how to manage the various aspects. When it comes to pursuing justice, you want to have legal counsel on your side. Each step can be met with obstacles and challenges. Should you try to go through this alone, it can lead to your case being denied completely.
Below, we’ll provide you with the various timeline of the process and what’s needed when pursuing compensation for your injuries. Here’s each phase that must be considered:
- Filing a claim
- Acceptance or denial
- Filing a lawsuit
- Motion to dismiss the lawsuit
- Settlement offers
To learn about each of the steps, continue reading.
Call our firm at (303) 861-2800 if someone’s negligence has caused you harm.
Filing Your Claim
In Colorado, insurance matters and claims are handled on a fault-based system, making it so file your claim against the negligent driver’s insurance provider. First, however, you speak with your insurance company to start the process of filing the claim.
You report the situation to your own insurance company and be sure to provide them with the other driver’s insurance information. They will proceed with the process of filing the claim with the other person’s provider to pursue the compensation you need.
Acceptance or Denial
Once the claim has been filed, the investigation process must commence to show that the other driver was negligent and caused the crash. Unfortunately, you must keep in mind that the other driver’s insurance provider has no obligation to you. They’re looking out for the well-being of their own claimants.
Because of the above, the insurance company may be quick to deny your claim if they cannot protect their own profits. This means that they are going to use many different tactics that all focus on turning the fault on you, allowing them to deny your claim.
If the insurance accepts the claim, then you may be clear with the compensation you need. Unfortunately, though, the amount the insurance company may try to give can be much less than you need, and it’s important to recognize what rights you have, including working with an attorney.
Filing a Lawsuit
If the insurance company denies your claim, you may need to go through additional legal remedies to file a lawsuit against the responsible party and his or her insurance company. You and your legal team will provide the necessary documents to file the lawsuit and the defendant will be notified of the lawsuit.
Motion to Dismiss the Lawsuit
After receiving notification of the lawsuit, the defendant and the insurance company will have a large legal team behind them. They may try to file a motion to have the lawsuit stopped before it even begins. If this is the case, you need to have strong legal counsel to show that the case is valid.
Should the judge allow the case to continue, you may go through discovery with your legal team. This is a process that allows both sides to show the various pieces of evidence that they have regarding the accident. For instance, the sides may show physical evidence such as photographs, or testimony from the parties involved or from witnesses of the accident.
In many cases, discovery is when many of these cases end because one side is capable of showing fault without a shadow of doubt. The more you provide your legal team, the stronger your case can be, and the more likely you are to receive a settlement.
Settlement offers can be very helpful, but it’s important for you to stay careful during that time. The insurance company is looking to protect profits, and a settlement can be more harmful than helpful. Here are a few things to keep in mind regarding settlements:
- Insurance companies offer settlements because they know you’re in a vulnerable situation, and they want you to accept simply because you need money.
- Settlement offers are often much less than you need, making it important to speak with your attorney before accepting any settlement.
- If you accept the settlement, you are forfeiting your right to pursue any additional legal matters, thus ending the claim.
Going to Trial
If you deny the settlement offer, you may go through a trial. Insurance companies want to avoid trial as it can be costly and time consuming. This is part of the reason they may try to settle. However, if you do go to trial, having a lawyer to stand by your side can be crucial to showing negligence to a jury of your peers.
At Springer & Steinberg, P.C., our Denver personal injury attorneys stand ready to help you pursue the compensation and justice you need. We stand ready to guide you through this complex process, focusing on your needs and best interests every step of the way.
Trust that our team has the experience, knowledge, and tenacity necessary to hold negligence accountable. We work hard on your behalf and go the extra mile when your rights are at stake and you need strong guidance the most.
Call our firm today at (303) 861-2800 today and speak with someone from our team about your rights and options in a free consultation. We’re here for you.