Car accidents resulting in neck injuries can be devastating and life-altering. If you are the victim of this serious type of accident, you may wonder, “Can I claim compensation for a neck injury sustained in a car accident?” The answer is usually yes, but your method of seeking compensation depends on many variables. An experienced attorney can guide you through the process. This article is not intended to provide legal advice, and results may vary.
Who Qualifies for Compensation for a Neck Injury Sustained in a Car Accident in Colorado?
When evaluating your eligibility for compensation, a personal injury lawyer will first uncover who was at fault in the accident.
If another driver or party was liable for the accident, you can seek compensation from their insurance company or through a lawsuit. If you were at fault, you’ll need to file a claim with your own insurance provider, assuming you have the appropriate coverage.
Colorado is a modified comparative negligence state. This means that all parties in an accident can receive a percentage of the blame, depending on their involvement in the crash. As long as you were no more at fault than the other party, you can claim compensation. But if the insurer finds, and it can be legally proven or determined by a court that you more than 50% at fault, you won’t be able to seek any damages from the other party.
A qualified attorney can help you collect and present evidence demonstrating the other driver’s fault in the accident.
Insurance Claim vs. Lawsuit for Neck Injuries Sustained in Car Accidents
“Can I claim compensation for a neck injury sustained in a car accident in Colorado?” If you were less than 50% responsible for the accident, you have two main methods of seeking compensation: an insurance claim and a lawsuit.
The first step is typically to notify your own insurance provider and then submit a car accident claim with the at-fault party’s insurance provider. Colorado law requires all drivers to maintain this minimum liability coverage:
- $25,000 for bodily injury or death per person
- $50,000 for bodily injury or death per accident
- $15,000 for property damage
If the at-fault driver only had the minimum insurance coverage, it likely would not be enough to cover all your medical expenses and other costs from the accident. An important piece to this step of the process is determining whether or not underinsured motorist coverage is present. Even if they did have higher coverage, the insurer may not provide a sufficient offer. In this case, you can consider pursuing legal action against the insurance company.
Types of Compensation You Can Seek After a Neck Injury Car Accident
If you are seeking an insurance claim for whiplash compensation, you can claim the direct expenses from your accident, such as:
- Medical bills
- Repair costs for your vehicle
- Time off work
In a car accident lawsuit, you also have the right to claim non-economic damages*. These are the costs associated with the accident that do not have a direct price tag and may include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of quality of life
*Colorado does have caps on non-economic damages which may affect recovery
The majority of car accident cases settle out of court. If you pursue legal action against the at-fault driver or their insurance company, you can expect them to provide a neck pain settlement offer in exchange for avoiding a lengthy court case. Your attorney can help you assess the settlement offer, negotiate a higher one, and claim adequate compensation to cover all your expenses. It is important to note that, while most cases do settle out of court, there is no guarantee of settlement, and Grant & Associates is prepared to take your case to trial if necessary.
Contact Our Neck Injury Attorneys Today
If you’re wondering, “Can I claim compensation for a neck injury car accident in Colorado?” contacting an experienced car accident attorney should be your next step. Our attorneys at Grant & Associates Law Firm can evaluate your case and help you determine your eligibility for compensation. Then, we can guide you through the process while ensuring you adhere to Colorado’s statute of limitations, which requires you to file your claim within two years of the accident date.
Contact us today at 970-356-5666 or fill out our contact form to request a free initial consultation. All communications are confidential.