If you are injured in a car accident in Denver caused by another party, you have the right to seek compensation for your damages. Navigating the claims process can feel overwhelming and stressful. Knowing how to file a car accident lawsuit in Denver can help ease some of that stress.
At Dan Caplis Law, our Denver car accident lawyers have over 40 years of experience protecting the rights of injury victims and helping them secure the compensation they are entitled to. We would like to do the same for you.
Call us at (303) 770-5551 or visit our contact page and schedule a free consultation to discuss your Denver car accident lawsuit.
Steps To File a Car Accident Lawsuit in Denver
Most car accident claims are resolved through settlement negotiations with insurance companies. However, there are times when filing a lawsuit becomes necessary. You may need to file a car accident lawsuit in Denver if the insurance company denies your claim, offers an unreasonably low settlement, or disputes liability for the accident.
You might also need to file a lawsuit if your damages exceed the at-fault driver’s insurance policy limits or if negotiations have stalled and the statute of limitations is approaching. An experienced Denver car accident lawyer can help you determine when filing a lawsuit is in your best interest.
Filing a Denver car accident lawsuit involves several essential steps:
- Before filing a lawsuit, you should consult an experienced Denver car accident attorney who can evaluate your case. Your attorney will review the evidence, assess the strength of your claim, and advise you on the best course of action. They will also help establish the full value of your damages so you know what fair compensation looks like.
- Next, your attorney will prepare and file a complaint with the appropriate Colorado court. A complaint is a formal legal document that outlines the facts of your accident, identifies the defendant and their negligent actions, describes your injuries and damages, and states that you are seeking compensation for your damages. The complaint is then officially served to the defendant, who has a limited time to respond.
- Once the defendant responds to your complaint, both sides enter the discovery phase. During discovery, each party exchanges information and evidence related to the case. This may include written questions called interrogatories, requests for documents, and depositions where witnesses and parties give sworn testimony. Discovery allows both sides to understand the evidence and prepare their case.
- Even after a lawsuit is filed, settlement negotiations typically continue. Your attorney will work to negotiate a fair settlement that covers all your damages. Many cases settle during this stage and never go to trial. However, insurance companies know which lawyers are willing and able to take cases to trial, and they are more likely to offer fair settlements when they know your attorney has a proven trial record.
- If a fair settlement cannot be reached, your case will go to trial. Your attorney will prepare your case by organizing the evidence, preparing your witnesses to testify, and developing clear and convincing legal arguments to persuade the court and help you secure maximum compensation for your damages. At trial, both sides will present their case, and a judge or jury will determine liability and damages.
Statute of Limitations for Denver Car Accident Lawsuits
A statute of limitations is a law that sets a deadline for filing a claim to recover compensation for damages in a car accident case. Colorado’s statute of limitations for car accident lawsuits, as outlined in Colorado Revised Statutes §13-80-101, is generally three years. That means you must file your lawsuit within three years of your accident, and if you miss your filing deadline, you will not be able to recover compensation.
However, there are some exceptions to the three-year filing deadline. You could have a much shorter time to file, and in some cases, you may have longer to file. You must promptly consult an experienced Denver car accident lawyer to determine your filing deadline.
Schedule a Free Consultation With Dan Caplis Law Denver Car Accident Attorney
If you have been injured in a Denver car accident caused by another party, we want to help you. Our Denver car accident lawyers have a proven record of helping our clients recover maximum compensation for their claims, and we are committed to doing the same for you.
Call us at (303) 770-5551 or complete the short form on our contact page and schedule a free consultation to discuss your Denver car accident lawsuit.