FAQs

Depending on the circumstances of your case, our Denver auto accident attorneys may pursue:

• Payment for your medical bills, including health care costs you may have in the future related to your injury
• Compensation to fix or replace your vehicle
• Lost wages if you had to miss work or can no longer work
• Compensation for the pain and suffering your injury has caused
• Punitive damages, which are awarded in extreme cases involving severe misconduct by the at-fault party

You do not have to have a lawyer to negotiate a car accident settlement with the insurance company. In fact, the insurance company would prefer you didn’t. That’s because insurers have teams of attorneys working to protect their bottom line and pay as little as possible on claims.

The truth is: If you have been hurt in a car accident in Denver, it’s worth it to at least schedule a free consultation with a knowledgeable personal injury lawyer to go over your options. Because our attorneys deal with these kinds of claims on a daily basis, we can give you an honest assessment of what your case is worth.

It is helpful to speak with an attorney as soon as possible after the crash, even if it’s just during a free consultation to discuss your legal options. That’s because an experienced auto accident attorney will be able to thoroughly assess your case and give you a better idea of what types of damages you may be entitled to.

Having an attorney on your side from the beginning is also a good idea because your lawyer can take the pressure off of you by managing communication with the at-fault party, the insurance companies, and the billing department of your health care provider. In addition, your attorney will want to launch an investigation into your crash before the evidence fades and witnesses’ memories grow fuzzy.

Colorado gives car crash victims three years from the date of the accident to file a lawsuit seeking compensation. However, it is important to know that an experienced attorney will want to start working on your claim as soon as possible to build a strong case.

In Denver, drivers owe a duty of care to other motorists on the road. When a driver breaches that duty, and the resulting crash causes injuries to another person, the negligent driver can be held liable for damages.

Some examples of negligent driving include:

• Speeding
• Distracted driving
• Driving while under the influence
• Failing to yield
• Tailgating
• Drowsy driving
• Wrong-way drivers
• Road rage

When you choose The Wilhite Law Firm to represent you, our attorneys will contact your health care providers to explain that a claim is pending. Any questions your health care provider has about payment can then be referred to us, rather than you having to deal with the stress.

Colorado law requires all drivers to carry a certain level of insurance. However, if you are hit by a driver without insurance, you may still be able to pursue compensation. If you have uninsured or underinsured motorist (UM or UIM) coverage, you may be able to turn to your own insurance company for compensation.

If an at-fault driver lacks insurance in Colorado, there are a few potential avenues you could pursue compensation for your injuries and related losses through:

• Medical payments (MedPay) claims – Colorado requires auto insurers to offer drivers at least $5,000 in MedPay coverage for all policies sold within the state. Unless you explicitly opt-out, this coverage is added to your policy automatically. MedPay provides immediate compensation for your medical expenses following an accident, regardless of fault.
• Uninsured (UM) or underinsured motorist (UIM) claims – This type of insurance is also optional in Colorado. But, as with MedPay coverage, all providers must offer it. UM and UIM coverage have the same minimums as your bodily injury liability coverage unless you explicitly reject these policies in writing. These types of coverage protect you if the at-fault driver has no insurance or their insurance coverage isn’t enough to cover your losses.
• Personal injury lawsuits – In some scenarios, you might be able to sue the uninsured driver directly. If the driver has enough personal assets, the court could order them to pay for your losses out of their own pocket.

You should never sign anything from the insurance company without consulting with a knowledgeable attorney. As with any negotiation process, the first offer will likely be low. For those who are coping with injuries, a settlement offer may come before you truly understand the extent of what you are facing.

A skilled attorney can thoroughly assess your damages, document your injuries, and make a strong case for a full and fair car accident settlement.

Colorado’s comparative fault laws do allow victims to recover compensation even if they are partially responsible for an accident. However, if you are found to be 50 percent or more at fault for causing the accident, you may not recover damages. If you are found to be less than 50 percent at fault, your compensation will be reduced by the percentage of blame assigned to you.

So, for example, if you were speeding and the other driver was drunk, the drunk driver may be 90 percent to blame for the crash, and you may be found 10 percent at fault. If your damages are determined to be $10,000, then your compensation amount would be reduced by 10 percent. So you would receive $9,000.

This is why it’s essential to work with a top-notch lawyer, like one from The Wilhite Law Firm, if another party tries to pin the blame on you. Your attorney will know the ins and outs of this legal game and can fight to prevent you from settling for less than you deserve.

Remember: Never admit fault in an auto accident. There are many factors you may not know about, so it’s best to let the investigators do their job and determine who is really to blame.