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Car Accident Attorney

If you have been seriously injured in a car accident that occurred because of another driver’s negligence, you can expect that person’s insurance company to contact you shortly thereafter. Contact is frequently by phone and the representative will likely have a number of questions for you about the accident. Many accident victims do not realize that the information gathered in these conversations is frequently used as the basis to lowball or even deny a perfectly legitimate claim.

Holding Negligent Drivers Accountable for the Harm Suffered by Their Victims

Before you talk to anyone from the insurance company, it is important that you seek the advice of a qualified personal injury lawyer who knows the law and has the ability to protect your interests. At The Paul Wilkinson Law Firm, LLC, I handle Colorado and Denver car accident cases big and small. I don’t do anything else.

No fees up front. I only get paid if you do.

Every case I accept is fully prepared for trial. When insurance companies see my firm representing an injury victim, it sends a clear message: make a fair settlement offer or face me in court. Mine is not a firm that avoids litigation. I will not acquiesce to a weak settlement offer just to close the case and move on to the next one. You can rely on me to do everything in my power to obtain the compensation you deserve.

My background as an insurance adjuster has given me a clear understanding of the tactics insurance companies use to minimize the amount of money they pay for a given car accident claim. It has also given me a clear understanding of the true value of these claims. I will not place your future in jeopardy by accepting a settlement that does not consider all of your needs.

The Paul Wilkinson Law Firm Fights for Your Fair Compensation

At The Paul Wilkinson Law Firm, you won’t find just another Denver car accident lawyer looking to make a quick buck off your pain and suffering.  We care about every client, and we don’t want you to take a speedy settlement that won’t meet your needs now or in the long term.

We fight hard to make sure insurance companies don’t wear you down with delays and denials while your medical bills pile up and you’re unable to work.  We always prepare to take a case to trial.  If insurance companies fail to make a fair offer of settlement, we’ll seek fair compensation in court.

Our firm will fight to get you compensation for:

  • Medical expenses (ambulance, hospital bills, rehabilitation, etc.)
  • Disability or disfigurement
  • Loss of quality of life
  • Wage loss and lost earning capacity
  • Pain and suffering

When appropriate, we’ll also seek punitive damages.  We know a settlement can’t erase the trauma you’ve experienced, but at least it can alleviate the stress of mounting medical bills and other costs during your recovery, especially if you’re unable to work.  We want you to receive every penny you’re due, and we go above and beyond to ensure you get it.

What You Need to Know about Damages Following a Car Accident

If you’re involved in a car accident, you may suffer serious physical injury or you may walk away relatively unscathed, with only minor cuts and bruises.  That said, even those who aren’t physically injured in an accident may suffer long-term effects that impact their ability to function as they did before and lead a normal life.

This is important to understand, because under Colorado law, there are different types of damages that may be claimed and awarded in the aftermath of a car accident.  It’s best to consult with a knowledgeable and experienced Colorado car accident attorney to fully understand the compensation you’re due, but here’s a breakdown of the different types of damages you may claim.

– Economic Damages

This is the most common and best understood type of damages resulting from a car accident because it involves the costs and monetary losses you incur, either directly or indirectly, stemming from the accident.  If you are injured in an accident, economic damages could cover your medical bills, including ongoing/anticipated medical costs, lost wages from missed work, and/or potential impact to future ability to earn.  In cases where a family member has died in a car accident, dependents may be eligible to seek compensation for lost support that the deceased would have provided.

– Non-Economic Damages

In addition to tangible costs that are relatively easy to calculate, accident victims can also seek non-economic damages for reasons like physical pain and suffering, mental and emotional trauma, and loss of consortium (harm to one’s relationship with a spouse).  These losses can be difficult to value, but you could be awarded significant compensation for them.

On January 1, 2020, the cap for non-economic loss increased to $613,760, although courts could add to that amount with “clear and convincing evidence”.  Under SB 19-109, signed into law in April 2019, this cap will continue to increase every two years in perpetuity.

– Punitive Damages

In addition to compensatory damages, which seek to compensate accident victims for losses, you may also be eligible for punitive damages.  This type of damages is meant to punish at-fault drivers in particularly egregious cases where they are deemed to have acted with “fraud, malice, or willful or wanton conduct”.  Excessive speeds, driving under the influence, and distracted driving could all be cause for punitive damages, for example.  Punitive damages can meet, but not exceed, the amount of actual damages in a given case.

Common Injuries your Colorado Car Accident Lawyer Can Help to Get Covered

When a car accident occurs, it’s not unusual to experience a wide range of injuries, from minor scrapes and bruises, to whiplash, to broken bones and even chronic pain.  The injuries you experience will depend on the severity of the accident.  It’s important to understand that injuries resulting in medical expense, lost wages, and other damages could lead to compensation.  Which types of injuries can your Denver car accident attorney help you to seek compensation for?

Even minor injuries could result in medical costs, missed work, and pain and suffering, so don’t think you have no chance for recovery just because you didn’t break a bone or suffer a concussion.  If you have contusions (bruises), lacerations (cuts), or burns that require medical attention or prevent you from working, you can seek compensation.  The same is true for whiplash, which may require ongoing chiropractic care, physical therapy, medication, and more.

Injuries that require surgical intervention are certainly eligible for compensation, as are broken bones, spinal cord injuries, traumatic brain injuries, and anything that causes lasting damage or requires ongoing care.  You should also know that damages can go beyond physical injuries to include psychological injuries.

If you suffer mental or emotional trauma related to a car accident, you may seek damages.  For example, some people involved in car accidents end up with PTSD, anxiety, depression, or other psychological conditions that can impact personal relationships and the ability to work.  They may require ongoing therapy, medication, or other care.

At The Paul Wilkinson Law Firm, we fight to recover compensation for all of your injuries, whether they’re physical or psychological, so you have the best chance to cover the costs of immediate and ongoing care.

Preparing Your Case with a Qualified Denver Car Accident Attorney

When an accident occurs, there are several things you need to do immediately.  If you are able, dial 911 and wait for police and paramedics to arrive.  If you’re injured, seek medical attention as soon as possible.  Provide the police with a statement when they arrive on scene.

You should also exchange information with anyone involved in the accident, including other drivers, passengers, and witnesses.  You’ll want to collect names and contact information (phone numbers), and collect driver’s license information from other drivers.  Make sure witnesses give their statements to police.

It’s also a good idea to take pictures of the scene of the accident and damage to your own car and other vehicles.  Make sure to get license plates and make/model for each car involved.  Do not move any evidence – make sure to capture photos of the scene as is.  This can not only help with insurance claims, but help to remind you of what happened later on.

If you are unable to complete these tasks on your own, it’s important that you ask someone to do it for you, such as a passenger in your vehicle or a witness on scene.  The steps you take immediately following an accident can ensure that you have the evidence needed to seek fair compensation.

Now it’s time to inform your insurance provider of the accident and contact your trusted car accident law firm to schedule a free consultation and begin preparing your case in earnest.  DO NOT speak with anyone else’s insurance company.  If agents call you, refer them to your attorney at The Paul Wilkinson Law Firm.

Always remember, the job of insurance agents is to save the company money, not provide you with fair compensation.  They will use the information you provide to minimize your settlement, delay payout, or even deny your claim outright.  They may delay as long as possible in the hopes you’ll accept a low-ball offer or simply give up.  With your medical bills piling up, they know you can’t wait as long as they can.

The qualified lawyers at The Paul Wilkinson Law Firm have the knowledge and experience to make the best case on your behalf and ensure that insurance companies deliver the compensation you deserve.  Let us fight the insurance companies for you to ensure a fair settlement.

Factors in Determining Accident Severity

The severity of an accident can naturally impact the amount of the settlement, and several factors are usually taken into consideration when determining the severity of an accident.  The speed of both cars involved in the accident will play a major role, as high speeds typically result in much more significant damage and injuries.  The size and weight of vehicles involved is also important.  If a Suburban smashes into a Civic, it’s likely to do a lot more harm than if two Civics collided, all things being equal.

Road conditions could also affect outcomes.  When roads are slick due to rain or ice, or visibility is low due to fog or snowstorms, it may slow reaction times or even result in loss of control of the vehicle.  Braking may do nothing in icy conditions, and this can lead to greater damage.

Of course, the actions of drivers are also important.  If the at-fault driver is driving under the influence, speeding, tailgating, texting while driving, or otherwise behaving in a negligent manner, it can not only increase the severity of the accident, but it could lead to punitive damages, in addition to compensatory damages, if the case goes to court.

The severity of the accident could also be impacted by safety equipment, such as airbags, child seats, and so on, and a settlement could be affected by their presence and effectiveness (or lack thereof).  You’ll need a knowledgeable and experienced Colorado car accident lawyer like the experts at The Paul Wilkinson Law Firm to ensure that all applicable factors are examined when determining the severity of the accident and ensuring fair compensation.

Statute of Limitations in Reporting Auto Accident Injuries

Under Colorado state law, you have only three years from the date an auto accident occurred to file an injury claim.  This applies to anyone injured in an accident, from a driver or passenger, to a cyclist or pedestrian.  In some cases, you may not notice immediate injuries in the wake of an accident.  Common injuries like whiplash could take several hours or even days to develop.

You may not even know if you have a mild concussion, but symptoms like headaches, dizziness, nausea, and fatigue can set in after the fact, disrupting your life, and long-term symptoms like light/noise sensitivity, memory problems, sleep disruption, depression, and more can linger indefinitely.  You might think you can’t claim injuries after the fact, but if symptoms related to a car accident show up later, you can file a claim, as long as you meet the statute of limitations.  If you miss the deadline, however, you may be unable to recover damages.

If you develop an injury after a car accident and you’re unsure if you can file a claim, you need the help of a qualified Colorado car injury lawyer.  Contact the experienced attorneys at The Paul Wilkinson Law Firm for a free consultation to find out if you have a case.

Understanding Comparative Fault Laws

Since 2003, Colorado has been an at-fault state, which means the person at fault for an accident is responsible for the damages, or more likely, that person’s insurance provider is responsible.  What if both parties are determined to be at fault in an accident, though?  Who is responsible for what?

In this case, comparative fault laws come into play.  In Colorado, comparative fault laws seek to assign a percentage of fault to each driver involved in an accident, and if one driver’s fault is higher, that driver cannot recover damages.

For example, if one driver is assigned 40% of fault and the other is assigned 60%, the driver that is less at fault may recover partial damages, but the driver with more fault cannot.  If the lower-fault driver was awarded $100,000 in court, he/she would receive $60,000, or the amount minus the plaintiff’s fault (40%, in this case).  In a 50/50 case, neither driver would be eligible to seek damages, because neither has lesser fault than the other.

Comparative fault laws can be difficult to understand.  Whether there is clear fault in an accident or both drivers are deemed to hold some fault, it’s always best to consult with a qualified Denver car accident lawyer to make sure you receive fair compensation.

Strong representation in any type of car accident claim

Contact my Denver office to discuss your injuries and learn more about your legal options. I will give you an honest assessment of your claim and let you know how I can help you.

  • Semi-trucks, including rollovers and jackknife accidents
  • Delivery vans
  • Moving trucks
  • Garbage trucks
  • Construction vehicles
  • Charter buses
  • RTD buses
  • Taxis and limousines