If you’ve been injured in a car accident, you may be wondering how you will be able to pay for your medical bills, physical therapy appointments, manage lost wages, and more. If the accident wasn’t your fault, you can seek compensation from the at-fault driver’s insurance company. But how much will you be able to receive?
Every case is unique, and many factors can influence your possible settlement amount. Our experienced attorneys have broken down a few of those factors in this blog to help you get a better idea of how much to expect from a car accident settlement in Colorado Springs.
First, You Have to Be Able to Prove Fault
Your medical insurance may cover some of your medical expenses, no matter whose fault the accident was. However, you could still have extensive bills remaining that you should seek compensation for. Securing a settlement relies on proving that the other driver was at fault for the accident. In legal terms, this means you have to prove the other driver’s negligence is to blame for the accident and your consequent injuries and expenses.
To prove negligence, you must prove that:
- The at-fault party had a duty of care to operate their vehicle in a safe and lawful way.
- The at-fault party breached this duty of care by speeding, driving under the influence of alcohol, driving recklessly, or breaking other laws of the road.
- The breach caused the accident and your injuries, which left you with medical expenses, property damage, or lost wages.
Proving fault can get tricky, especially if it can be argued that you were partly responsible for the accident. For example, you may have been hit when the driver moved into your lane but you were distracted and didn’t brake in time to get out of their way.
Colorado has modified comparative negligence laws, which means that each party is assigned a percentage of fault for the accident. Your compensation can be reduced by the percentage you were considered at fault. If your fault is considered to be equal to or greater than the other driver, you won’t be entitled to compensation at all. Having an experienced car accident lawyer in your corner can help prove your percentage of fault was less than that of the other driver, securing a larger settlement.
Compensation for Your Medical Expenses
Compensation for car accident injuries may include ambulance rides, emergency visits, surgeries, hospitalization, medications, diagnostics, physical therapy, and associated treatments or therapies. These expenses are fairly straightforward and have supporting documentation.
With many accidents, however, the full extent of the injuries isn’t determined immediately. You may need more treatment in the future, or you may experience complications that may even affect your ability to earn a living. Because of this, attorneys typically use medical experts to estimate the costs of future medical treatments and the potential loss of earnings to ensure that you get fair compensation.
Compensation for Your Lost Wages
If you were forced to miss work due to your injuries or length of recovery, you may be able to seek compensation for the paychecks you would have earned during that time. Be sure to keep clear documentation of what hours you missed and what your intended pay would have been. Additionally, if a medical professional can determine that you will be unable able to return to work in the near future or that you won’t be able to return to the same kind of work you used to do, you may be eligible for compensation for your potential lost future earnings
Call Heuser & Heuser, LLP. It’s Just That Easy!
If you’ve been injured in a car accident that was caused by someone else in the Colorado Springs area, you may be entitled to compensation for your medical expenses and lost wages. At Heuser & Heuser, LLP, we’ll be your advocate and will work hard to help you seek compensation for your losses. Call 719-520-9909 or fill out the online form to get your free case review. It’s just that easy!