If you or a loved one has been injured in a car accident, then it can be hard to see the road forward. Your path to a bright future might be clouded by physical and emotional pain and suffering, medical expenses, and lost wages. The course ahead of you might seem daunting and overwhelming, and you might be afraid of what the future has in store for you. But there is hope, especially if you can successfully navigate a personal injury claim against those who are responsible for your harm.
Doing so is no easy task, though. The process can be fraught with a number of legal challenges, any one of which can threaten to derail your case and minimize or prevent your recovery of much needed compensation. That’s why you need to know what you can do to build your case and maximize your chances of success. Here are just a few of things you may want to think about moving forward:
- Accident reconstruction: Some car accidents are straightforward, and it’s easy to see how they occurred. Others, though, especially those involving multiple vehicles, are a little more difficult to figure out. This can open the door for a defendant to try to escape liability. One way to support your claim and present evidence in favor of liability is to conduct an accident reconstruction. Here, an expert in the field applies the laws of physics to the facts to come up with a complete picture of how the accident occurred and who is to blame. The report that comes from this reconstruction can be powerful during negotiations and at trial. Just be prepared for the defense to have their own accident reconstruction whose results differ from yours.
- Comparative negligence: In most personal injury cases, defendants try to escape liability by shifting the blame back onto you. Since Colorado recognizes comparative negligence, any allocation of fault will correspondingly reduce your recovery. Therefore, a defendant who was initially facing a $100,000 judgment can see that figure reduced to $40,000 if you’re found to be 60% at fault. This reduction can leave you in a precarious financial position, so you need to diligently analyze the facts of your case and anticipate arguments that support a showing of comparative fault. Once you identify those arguments you can craft counterarguments to protect your position.
- Expert witnesses: While an accident reconstruction will require expert testimony, there are other experts who might be helpful to your case. This is especially true when it comes to proving the full extent of your damages. A doctor, for example, can help you show a judge and jury just how painful your injuries are, how they will affect your life moving forward, and how expensive your recovery will be.
- Negotiation tactics: Most personal injury cases result in settlement well before trial. This can be a good thing, in that it gives you quick resolution and the infusion of cash that you need to speed up your recovery, but it could also cut you short. Therefore, you need to carefully analyze the facts of your case before you agree to settle your case or you dismiss a settlement offer.
Secure the support that you need in your personal injury case
As you pursue your personal injury case you’re sure to face legal hurdles. But you can clear those obstacles and fight for the outcome that you need and deserve. However, if you think that you could benefit from the assistance of a qualified legal professional, then we encourage you to reach out to an experienced legal professional. Only then can you rest assured that your claim is well developed and your chances of success are maximized as fully as possible. Let a firm like ours do the work while you focus on your recovery.