PEDESTRIAN ACCIDENT CLAIM IN COLORADO

If the at-fault driver flees the scene and cannot be identified, you may need to turn to your own uninsured motorist coverage (UM) or underinsured motorist coverage (UIM) for coverage. If you don't have this type of coverage, our attorneys will explore other options that might be available to you, including but not limited to your own health insurance.

You may be able to file a wrongful death lawsuit to seek compensation for the loss of financial support that the deceased would have provided had they been alive, including funeral and burial costs, the loss of companionship, guidance, and emotional support, emotional distress and mental anguish, and medical expenses if they had medical treatment before death.

Several factors will decide just how long it would take to settle this type of case. For example, if it involves complex legal issues, such as disputed liability, you may need to wait a little bit longer to reach a settlement. This is because your attorney must conduct thorough investigations, gather evidence, and engage in back-and-forth negotiations with insurance companies.
 
The extent and severity of your injuries will also contribute to the overall timeline. Generally, even before negotiating a settlement, your attorney will want to ensure that you reach maximum medical improvement or achieve a stable condition. That's the only way they'll be able to assess the long-term impact of the injuries.
 
Negotiations with insurance companies can be time-consuming mainly because they'll try to find any reason to avoid liability or minimize your claim. That back-and-forth process can extend the settlement timeline.
 
If the case proceeds to trial, the court's schedule and caseload can affect the time it takes to settle because court proceedings, including hearings, discovery, and trial, may require additional time and resources.
 
The parties' overall willingness to reach a mutually acceptable resolution is yet another determining factor in such cases. Your attorney will most likely settle the case faster if both parties are open to negotiation and compromise.

Colorado does not impose caps on compensatory damages, allowing for full recovery of financial losses suffered in a pedestrian accident case. However, when it comes to non-economic awards, such as pain and suffering and loss of enjoyment of life, the damages are capped at $250,000 with the possibility of increasing to $500,000 if clear and convincing evidence is presented to support the need for this kind of adjustment.

In Colorado, you have three years from the date of the accident to take legal action against the at-fault party or risk losing your right to sue.

Yes, a few exceptions may apply to the three-year statute of limitations. To begin with, the statute of limitations clock will not start counting until the date you knew or should have known about your damages resulting from the car accident. This allows you to file a claim for damages that may not be immediately apparent, such as internal injuries caused by the accident.
 
Similarly, if you were injured as a minor, the statute of limitations will not begin until your 18th birthday. And lastly, if the car accident involves a defective automotive product, your case will have a two-year deadline.

Not being able to afford an attorney should be the last thing you need to worry about. At Morgan and Morgan, you won't pay us anything unless we win the case. In other words, you have nothing to lose when you contact us for a free case evaluation. And if we win the case, we will deduct a small percentage from the settlement, which settles attorney fees and legal expenses incurred.

Morgan and Morgan is America's largest injury firm with over 35 years of experience fighting for the rights of the injured. But that's not the only thing that makes us stand out in this field. We have an army of over 1,100 injury attorneys who specialize in different practice areas and can add great value to your case.
 
For example, if the accident occurred partly because of a defective product, such as poorly-designed brakes, our defective product lawyers can swing into action and work closely with our car accident attorneys to maximize your claim. That's what makes us different — our size and power.
 
Besides, insurance companies all over the country know about Morgan and Morgan. Specifically, they know that if they refuse to cooperate with us, we won't hesitate to take the case to court. Our no-nonsense approach when fighting for our client's rights sends a strong warning to insurance providers that we do not settle for less unless that's the best offer.

Pedestrian accident cases are time-sensitive and the last thing you want is to lose your chance to seek justice just because you've been locked out by the statute of limitations and other case-specific deadlines. In addition, the sooner you get in touch with us, the better our chances of providing effective legal representation. So contact us today to have your case reviewed by our pedestrian accident experts.