Multiple Car Crash

Why You Should Speak With a Car Accident Attorney

Downs, McDonough, Cowan & Foley July 24, 2023

Car accidents are among the common causes of injuries, hospitalizations, and deaths in Colorado and the United States. Accident victims may suffer minor or serious injuries, including broken bones, whiplash, head injuries, concussion, back injury, bruising, and TBI.  

Fortunately, Colorado personal injury laws allow accident victims to seek damages through a claim or lawsuit. When filing your claims, consulting with an experienced Colorado car accident attorney is crucial to protect your legal rights and help maximize your financial compensation.  

At Downs, McDonough, Cowan & Foley, LLC, we understand how stressful these times can be. We can help by analyzing your case, determining your options to recover damages, and negotiating fair financial compensation with the insurance provider. Our firm proudly serves clients across Durango, Cortez, Pagosa Springs, Telluride, and The Four Corners, Colorado. 

Reasons to Speak With an Auto Accident Attorney 

Being involved in an auto crash can be a difficult and overwhelming experience. Nonetheless, what you do after the incident and how you handle your case can influence the outcome of your accident claims. If you've been injured in a traffic collision, here are some reasons to speak with a car accident attorney: 

Fault State vs. No-Fault 

In an at-fault state, the driver who caused the car accident will be held financially responsible for your injuries, property damages, and other accident-related losses. Also, you must prove fault in order to recover damages. However, in a no-fault state, car accident victims will file claims with their own insurer (PIP policy) to seek medical benefits, lost wages, and other out-of-pocket expenses, regardless of the at-fault driver.  

Colorado is an "at-fault" state for car accidents. This means that the at-fault driver will hold financial and civil liability for the injuries, vehicle damages, and other accident-related losses suffered by the victims. In order to recover damages, you must prove fault by showing the elements below:  

  • Duty – The defendant owed you a legal duty of care.  

  • Breach – The defendant breached that legal duty of care by acting recklessly or negligently.  

  • Causation – The defendant's negligent or careless actions caused your injuries.  

  • Damages – You suffered actual harm, injuries, or damages as a result of the defendant's actions.  

A dedicated lawyer can help file your claims, seek to prove fault, and help you pursue your rightful financial compensation. 

Serious Injuries 

Also, if you suffered severe injuries in a car accident, it is more challenging to seek damages. It is advisable that you attain the maximum medical improvement (MMI) or full recovery before negotiating or accepting a settlement offer.  

Your attorney can evaluate the full extent of injuries and determine your case value. They can help negotiate an improved settlement with the insurance provider and fight for pain and suffering and other available damages. 

Negotiating With the Insurance Company 

However, negotiating compensation with the insurance provider is never easy. The insurer may try to lowball and offer you a ridiculous first settlement offer. They can also decide to use other bad-faith tactics to deny, undervalue, or delay your claims.  

With an attorney on your side, the insurance carrier will respect you and take your claims more seriously. Your lawyer will review the insurance company's offer, help negotiate an improved settlement, or take additional legal action when required. 

Questions to Ask a Personal Injury Attorney 

To help you make an informed decision when hiring a personal injury attorney, here are some vital questions to ask them:  

  • Do you specialize in personal injury law and car accident cases?  

  • Have you handled a car accident case that is similar to my situation previously?  

  • Can you handle my case diligently?  

  • What is the estimated value of my case?  

  • Do you work on a contingency fee basis?  

  • What are your honest assessments of my case?  

  • How long do you think it will take to resolve my case?  

  • Do you have sufficient time to commit to my case?  

  • Who will cover the case-related costs if I don't win my claims?  

  • Will you settle out of court, or will my case proceed to trial?  

  • What part do I have to play in the lawsuit?  

If you're considering hiring an experienced car accident attorney in Colorado, get in touch with us at Downs, McDonough, Cowan & Foley, LLC, today. 

We Rise to the Challenge 

Getting hurt in an auto crash caused by a negligent party can be unsettling. A car accident or injury can affect you physically and financially, but you don't have to go through it alone. At Downs, McDonough, Cowan & Foley, LLC, our attorneys have devoted their careers to protecting car accident victims and their families.  

Our team knows how to investigate every aspect of a case, gather substantial evidence and documentation, file claims, and seek to prove fault. We have an abundance of experience fighting for clients' rights and helping them pursue fair financial compensation to cover medical bills, future medical treatments, lost income, and pain, discomfort, and suffering.  

Contact us at Downs, McDonough, Cowan & Foley, LLC, today to arrange a case assessment with seasoned car accident lawyers. We have the brilliant advocacy and vigorous representation you need in your car accident claim. Our firm proudly serves clients across Durango, Cortez, Pagosa Springs, Telluride, and The Four Corners, Colorado.