When a person is injured in a car accident, they usually have the option to file a civil lawsuit against the party at fault. In each state or Commonwealth, there are several situations that could affect the outcome of a settlement, lawsuit or car accident claim. A car accident attorney in Fort Collins, Colorado helps victims understand these various situations that could affect their outcome. Here are a few of these situations.
Understanding the Statute of Limitations
One of the foremost things victims will need to keep in mind is the statute of limitations for filing a civil lawsuit. In Colorado, that time frame is three years from the date of the accident to file the lawsuit for personal injury or property damage in a car accident. If the victim fails to get the lawsuit filed in that time period, any opportunity for the case to be heard will be gone. There also will be no opportunity to collect damages from the case.
The Importance of Filing the Insurance Claim Quickly
It would be a good idea for the plaintiff in the accident to file their insurance claim as quickly as possible. In case negotiations fail with the insurance company, the statute of limitations would still be there as leverage. The quicker the plaintiff files the insurance claim, the better they are able to protect the legal interests involved.
Understanding Comparative Fault
It is also important for the victim to understand that in Colorado, the modified comparative rule is used. This means if the other party is able to prove that the victim is partially at fault for the accident, any amount of damages received will be reduced by the percentage found at fault. If the plaintiff or victim is 50% or more at fault, no damages will be able to be collected.
A Law Firm That Can Help
Burton & Burton is a law firm that has been providing legal solutions for people in the Fort Collins, Colorado area for more than 55 years. In addition to assisting with car accidents, the law firm also helps with other personal injury cases, probate issues, and estate problems. If a person is looking for a car accident attorney in Fort Collins, Colorado, they could visit the website of the law firm at www.burtonandburtonlaw.com.