After a car accident, recovering physically and emotionally is challenging, but fighting for your financial recovery can be even harder. At Purvis | Thomson, LLP, our legal team works with victims to settle claims outside of court to keep costs down.
However, in situations where insurance companies do not treat you fairly, you may need to know how to file a car accident lawsuit in Colorado. Do so with the help of a Boulder car accident attorney. Here is what you can expect.
Ideally, you do not have to file a lawsuit because you have enough evidence to encourage the at-fault party’s insurance company to settle with you. However, if that does not happen, your first step is to prepare your case. That includes gathering evidence of what happened, who was at fault, and what your losses are. You will need that to file a lawsuit.
The process begins when you and your attorney file a formal complaint and summons. In this complaint, you provide the facts about what happened as well as your demand for compensation. The summons informs the at-fault party of the pending legal action against them. It also provides the at-fault party with a timeline to follow to refute the claim.
You have two years from the date of the accident to file a lawsuit against the at-fault party. This is the state’s statute of limitations. If you wait beyond this timeframe, the court will not hear your case.
In the next stage, the other party has the opportunity to gather information and evidence. In the discovery stage, both parties can request information that is relevant to the claim, including evidence your attorney has collected on your behalf. This may include:
It is common for the case to come to a settlement at this point, especially if the at-fault party realizes just how significant the losses are.
In situations where the case will move forward, motions may be filed, which are formal requests that are presented by to a judge on details of the case, such as a summary disposition which would allow for the case to be decided immediately or a default judgement if the other party does not file a response to your claim.
Most cases do not end up going to trial. However, if that does happen, a jury may be elected, opening statements are presented, and both parties provide arguments. The judge or the jury will decide on what the outcome of the case is, including who is at fault and what compensation is owed. In some situations, there is a need to appeal the decision, which extends the process longer.
At Purvis | Thomson, LLP, our car accident attorney in Colorado will help you establish your case and build a claim based on the available evidence for your case. During this process, we will work to reach a settlement or prepare to file a lawsuit on your behalf. Find out what your case is worth by contacting us now for a free, no-obligation consultation.
