Car accidents happen every day for many reasons, and unfortunately, some of these incidents result in life-changing injuries for those involved. Back and neck injuries are some of the most commonly cited physical injuries suffered in car accidents, and some such injuries can present life-altering complications for victims. If you or a loved one recently suffered a back and/or neck injury because of another driver’s negligence or misconduct behind the wheel, it’s natural to wonder how much compensation you could potentially secure from them if you proceed with a car accident attorney’s legal recourse.
The attorneys with Cheney, Galluzzi & Howard have years of experience handling all types of personal injury claims, including those that pertain to serious back and neck injuries. Even when victims are expected to fully recover from such injuries, back and neck injuries are incredibly painful and debilitating. Victims may not be able to work or handle basic household tasks until they fully recover. With legal counsel you can trust, you are far more likely to maximize the results of all the recovery efforts you pursue after your accident.
All Colorado drivers are legally required to have auto insurance coverage that meets the state’s minimum coverage requirements, but unfortunately, not all drivers meet this obligation. Additionally, dealing with insurance companies can be very difficult as most insurers will look for all the reasons they can find to deny claims or reduce claim payouts. Some insurance company representatives even engage in bad faith tactics, preying on the desperation of injured claimants to avoid financial liability for legitimate claims.
The first phase of recovering from any vehicle crash will be a claim against the at-fault driver’s insurance. However, even a robust policy may not fully compensate the victim’s losses if they suffered a serious back and/or neck injury. Some such injuries cause permanent disabilities, and the defendant’s insurance will only provide compensation up to the coverage limits of the policy.
When the other driver’s insurance cannot fully compensate your losses, you will need to file a personal injury claim to recover the rest of your damages. State law allows the plaintiff to seek full repayment of property damage, medical expenses, and lost income resulting from the defendant’s actions. This includes immediate and long-term damages. For example, if the defendant caused permanent medical complications, the plaintiff could hold them accountable for all their immediate medical expenses following the crash and the cost of all the ongoing medical care they will require.
Success with a personal injury claim requires identification of the party or parties responsible for causing the injury. Next, the plaintiff needs to establish all of the damages they intend to claim from the defendant and provide evidence that the defendant is solely responsible for causing those damages. In the event the plaintiff shares liability for the accident in question, the modified comparative negligence law in Colorado states that they may still recover their damages, but their percentage of fault is subtracted from their case award. If the plaintiff’s fault exceeds 50%, they lose the right to claim compensation from the defendant.
Neck and back injuries often entail a host of problems for victims. Some may require life-saving emergency surgery; others are left with long-term soft tissue and nerve damage that results in chronic pain. Others may suffer severe injuries to their spinal cords, resulting in permanent disability. Ultimately, every injury claim is unique, and there is no single legal strategy that will work for every victim. However, one common variable for all personal injury claims is the value of reliable legal counsel.
The total potential value of your personal injury case hinges on the total amount of economic damages the defendant caused, the nature of their actions that resulted in your injuries, and whether you face long-term or permanent harm from the incident. If you sustained any permanent disability from your neck and/or back injury, the total potential value of your claim may be much more than you initially anticipated if you have the right attorney handling your case.
Most claimants who succeed with their car accident claims obtain about 1.5 times the total amount of economic losses they suffered from the incident. For example, if your total damages equal about $100,000, you could obtain $150,000 or more if you succeed with your case. Various factors can cause the total value of your case award to fluctuate. For example, if you bear partial fault, this will diminish your recovery, but if the defendant broke the law, intentionally injured you, or caused permanent damage, these factors would likely increase your final compensation.
Colorado law, unfortunately, limits pain and suffering compensation in most personal injury cases. The standard limit on non-economic damages in personal injury claims is $250,000 plus inflation, but the cap increases to roughly $500,000 if there is clear and convincing evidence of a defendant’s liability. This cap adjusts each year for inflation, and your attorney can help you determine the upper limit of pain and suffering claimable in your case.
Hiring an experienced attorney is the best way to maximize the compensation you obtain for your recent accident. When you have legal counsel representing you, you are far more likely to maximize the total compensation you obtain from your auto insurance claim, and they will also assist you in maximizing the case award from a personal injury case. Most serious accidents will lead to both of these recovery options, and your attorney can provide invaluable support and guidance through both of these sets of proceedings.
The car accident attorneys with Cheney, Galluzzi & Howard offer compassionate and client-focused legal counsel to injured motor vehicle accident victims throughout Colorado. We understand that you are likely to feel stressed, uncertain, and isolated after a serious motor vehicle accident, and we will do everything in our power to help you recover as fully and as swiftly as possible. . Contact our team today to schedule a case evaluation with our team and learn more about the legal services we provide.