Thomas, Ahnell, Laraway & Smith, LLC

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Denver Civil Defense LAWYERS

Car accidents are disturbingly common, but they can have a serious impact if your Denver business is implicated in the incident.

Victims often go for the “deep pockets” of organizations, especially when the amount of the claim is higher than your insurance coverage. You do have options to defend your interests, however. Our knowledgeable defense attorneys at the Thomas Law Firm can help identify appropriate routes to contest the claim and develop a strong defense strategy. An overview of your options may also be useful.

Fight the Victim’s Claims

You do not have to accept the injured victim’s allegations in a car accident case at face value. There are ways to attack weaknesses in his or her claims, which may completely defeat the case or at least reduce your liability. For instance, there may be evidence that the victim’s injuries are not as serious as he or she claims. With the help of a consulting medical expert to review records and/or conduct an independent physical exam, you can establish that the injuries are rather minor.

In addition, Colorado follows a law that can reduce compensation for a victim who was also at fault in a car accident. The rule of modified comparative negligence operates to decrease the recovery amount by the percentage of blame attributable to the claimant. Therefore, if the victim files a claim for $100,000 but is found to be 30 percent responsible for the car accident, he or she will only recover $70,000. Examples of comparative fault in a car accident case include:

Note that, if a claimant is 50 percent or more at fault in the car accident that caused the person’s own injuries, comparative negligence is a bar to recovering any compensation.

Statute of Limitations in Colorado Car Accident Cases

Like all U.S. states, Colorado has a statute of limitations that applies in auto collision cases. The victim has three years to file a lawsuit in court, or the claim is forever barred. The clock starts ticking on the date of the accident, so you may have a defense if the statute of limitations expires before the victim sues.

Statutory Cap on Certain Damages

In Colorado, there is a statute that limits the amount plaintiffs can recover, even if they can establish all the necessary elements of a claim based upon negligence. The statutory cap only applies to non-economic damages, such as emotional distress, impaired quality of life, and pain and suffering. There is no limitation on the economic losses a victim can claim, including costs of medical treatment and lost wages.

As of the law’s effective date in 1986, the statutory cap was $250,000 – or $500,000 if the victim can present clear and convincing proof that the higher amount is just. However, the amount is adjusted for inflation, so the cap is significantly higher today.

Consult with a Skilled Denver Attorney About Car Accident Defense Strategies

If your Denver business was involved in an auto collision, please contact the Thomas Law Firm to discuss your circumstances. We can schedule a consultation to review your case and develop a legal defense plan.

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