Achieving a settlement in a Fort Collins car accident case could be the best opportunity to recover fair compensation for your injuries and damages without the time, expense, and risk of a trial. However, negotiating a settlement offer can be complicated without the help of a dedicated attorney.
You do not need to understand or go through the settlement process on your own. The legal team at Mac Hester Law could fight for the best settlement package and find you the financial relief you need to move on in your life.
What are the Options Available for Recovering Damages from a Car Accident?
After a person is involved in a car accident in Fort Collins, their options for settlement are usually dependent upon the details of the claim. The usual elements of a vehicle accident claim involve recovering damages to the car and other personal property, rental car expenses, and fair market value for a totaled car. An individual could also recover personal injury compensation for past and future medical expenses, loss of income, and physical impairment if they suffered permanent injury that impairs the everyday functioning of their body.
Comparative Negligence
Factors such as fault of the defendant and how their negligence compares to the plaintiff’s negligence are used to determine recovery of the injured person’s damages during settlement negotiations. If the at-fault party was 100% at fault, the injured person can recover all of their damages. However, under the comparative negligence law in Colorado, if the injured person was 50% or more at fault, they could be barred from recovering any damages. If the injured person was less than 50% at fault, they can recover their damages minus their own percentage of fault.
The injured person may have had preexisting conditions that are similar to the harm resulting from the car accident. If so, those would have to be taken into consideration when determining how much of the injury, pain, or disability was caused by the wreck.
A local attorney could evaluate all of these factors and demand an appropriate amount to propose to the insurance company as a car crash settlement. The insurance company would then make their argument and offer. The attorney for the injured person and the insurance company for the at-fault party would engage in negotiations until a reasonable settlement was reached. If a reasonable settlement cannot be reached, the injured person could proceed to litigation against the at-fault party.
Settlements vs. Litigation
The plaintiff always has the final say in deciding whether to settle or file a lawsuit and proceed to litigation. However, they should weigh the pros and cons of a settlement versus litigation as well as consider the risks and expenses of all the alternative courses of action with an experienced and knowledgeable legal representative.
There are many advantages of settling a case rather than going to trial. The first major advantage is that a settlement brings about a full and final resolution to the claim. It eliminates uncertainty, expenses, wasted time, and the frustration of going through litigation and trial. One disadvantage of a settlement is that it may not result in a recovery of 100% of the injured person’s damages.
A major advantage of going to trial is that the injured person may be able to recover more or even all of their damages because a jury makes the decision about what the losses are and may be totally in favor of the injured person.
A major disadvantage of litigation and trial is the time, expense, frustration, and risk involved. If a lawsuit is filed, the litigation will usually proceed for several months at least, possibly even years.
There are also many expenses in litigation, such as filing fees, the cost of serving the at-fault party with the complaint, taking depositions of the parties and witnesses, and hiring experts to give reports to strength the case.
Talk to an Attorney about Car Wreck Settlements in Fort Collins
With a settlement, you can be sure you will recover at least some of the damages and the case will be resolved. You can move on with your life without being bogged down in litigation or a trial. A Mac Hester Law attorney wants to help you move forward after a devastating accident by resolving the case in the best way possible. Call an experienced car accident lawyer about obtaining a settlement in a Fort Collins car accident case today to find financial relief.