THE ROLE OF DEFECTIVE PRODUCTS IN PERSONAL INJURY CLAIMS

When we buy food or beverages, grooming, personal care products, or toys for our children, we expect the product to work as intended and not cause us harm. Suppose a defective consumer product, from contaminated food to beauty products containing carcinogens or even electronics that catch on fire, causes harm to the user when the product is being used as intended by the manufacturer. In that case, the harmed party has the right to file a lawsuit for damages against the product manufacturer or designer.

A defective consumer product lawsuit is a type of personal injury claim. These cases are litigated by personal injury attorneys who understand the necessary legal steps it takes to hold a company accountable for the damage it causes. Even multi-national consumer product corporations aren’t above the law. If negligence or oversight in the design or production process causes harm to the consumer, then these corporations deserve to be held accountable for their actions and fairly compensate the victim.

We can help you understand your options for a defective product claim. Contact Earl & Earl, PLLCtoday for a free consultation.

Colorado Product Liability Laws

Colorado’s product liability statutes permit injured consumers to file a defective product lawsuit on the grounds of negligence, strict liability, or breach of warranty. These are three separate legal doctrines; your case’s structure and your burden of proof may differ depending on the route your Colorado defective products lawyer takes:

  • Negligence: In a product liability lawsuit, negligence refers to the defendant’s failure to fulfill its legal obligation to create and market reasonably safe consumer products. This doctrine states that if the defendant fails to take reasonable steps to ensure its products are safe for use or consumption, and injuries or death occurs as a result, they can be held liable for the damages the victim or victims suffered.

  • Strict product liability: Under this doctrine, a victim may recover financial compensation if they can demonstrate that the product contained a fundamental defect and caused their injury. Plaintiffs in these cases may recover damages even without proof of the manufacturer’s negligence.

  • Breach of warranty: In a breach of warranty lawsuit, the manufacturer or distribution center (including a retail establishment) may be liable if it fails to fulfill a guarantee or promise that the product is safe for use. This promise may be either implied or explicit. For example, a grocery store offering food has an implicit promise that the food is safe to eat.

The grounds for your product liability suit depend on the circumstances surrounding the accident or injury. An attorney can evaluate the evidence and determine which avenue to pursue.

Filing a Product Liability Lawsuit in Colorado

Many personal injury lawsuits involve two parties: the plaintiff (victim) and the defendant (the person or entity alleged to have caused harm to the victim). In a product liability lawsuit, your lawyer may opt to file a suit directly against the product designer, manufacturer, distributor, or place of purchase.

This isn’t the only option available to persons harmed by defective consumer products. Sometimes, many people are harmed in the same manner by the same product. In these cases, the plaintiffs and their attorneys may combine them into a class-action or mass tort lawsuit. In these claims, the lawyers pool their experience and resources and pursue legal action as one. Any recovery from the defendant is shared among the participating plaintiffs.

You may have seen some recent class action and mass tort lawsuits in the news. Several body powder manufacturers have been sued because their products contained talc contaminated with asbestos, which caused mesothelioma and other cancers. Or, perhaps you saw a news article about the makers of RoundUp pesticide and weed killer, which contained unsafe levels of carcinogens.

Colorado’s Statute of Limitations for Product Liability Lawsuits

Another point to note about Colorado product liability lawsuits is the statute of limitations, the deadline you have to file a claim. You have two years from the date of the accident to file a lawsuit. If the contaminated product resulted in disease or illness, then the statute of limitations may be extended, starting from the date of your diagnosis or the time at which you could have reasonably known you were ill. Speak with a lawyer to make sure that you don’t miss this vital deadline – if the statute of limitations passes, then it’s likely your case will be thrown out, no matter how valid your claim is.

How Can a Product Liability Lawyer Help Me?

A Colorado product liability attorney protects your interests and explains your rights under Colorado law. They can evaluate your case and determine which legal doctrines apply, then move forward gathering the appropriate evidence to meet the court’s burden of proof.

Once you retain legal counsel, you can turn over all communications to your lawyer. They can communicate with the other party, their lawyer, and their insurance carrier so you can heal from your injuries in peace. Plus, a lawyer can preserve the integrity of your claim, preventing the insurance company from using what you say as an admission that you caused the accident.

Many product liability lawsuits are settled out of court, in negotiations between the two parties, or in arbitration. Your attorney can take the lead in negotiations, demanding fair compensation for your current and projected future losses. They can also represent you in arbitration, which is like a less formal court hearing.

If your case cannot be settled in negotiations, or if your lawyer believes that a class action or mass tort is more likely to help you achieve a satisfactory outcome, then they can take your case to trial in Colorado civil court.

Experienced Attorneys Fighting for Your Rights

If you or someone you love suffered harm due to a defective, contaminated, or malfunctioning consumer product, you deserve justice. We can help you hold the at-fault party accountable for their negligence and demand full compensation for all your losses. At Earl & Earl, PLLC, we’re not afraid to take on large corporations, and we have the resources and tenacity to handle even the most complex product liability claims. Contact us today for a free consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

PARENT RESPONSIBILITY FOR A TEEN DRIVER IN COLORADO

It’s every parent of a teen driver’s worst nightmare: that phone call, “Mom? Dad? I’ve just gotten into a car wreck!”

The fear and worry are immense, and there’s probably that thought at the back of your mind, “Am I going to get sued?” Parental responsibility for a teen minor driver (drivers under 18) is a complex legal matter. The aftermath of a car accident is full of worry and pain – definitely not something you and your family want to face alone.

An experienced Colorado car accident lawyer can help protect you and your teen from being unfairly blamed for the accident and fight for full and fair compensation for all your losses. Talk to the team at Earl & Earl, PLLC, today. We offer a free consultation, so call us now!

Colorado Teen Driving Laws

Colorado’s Graduated Drivers Licensing (GDL) Laws are intended to keep teen drivers safer on the roads. These laws include:

  • No passengers under 21 for the first 6 months of licensed driving unless there is a parent or licensed adult driver in the vehicle, too

  • Only one passenger under 21 for the following six months of licensed driving

  • No more than one passenger in the front passenger seat

  • Mandatory seat belt use

  • No use of a cell phone while driving

  • Curfew: no driving from midnight to 5 am for the first year of licensed driving

  • Zero tolerance for drinking or drug use and driving

Although the teen driver who violates these laws faces penalties for their own actions, and will be held accountable, if they violate driving laws and cause a wreck, the parents could also be held responsible for their child’s negligence.

Parental Responsibility for Teen Drivers in Colorado

Colorado is a “fault state” for liability in car accident claims, which means that the at-fault party is liable for the damages they cause the victim (referred to as the plaintiff in court proceedings). However, if the plaintiff is found to have contributed more than 50% of the fault to the crash, per Colorado comparative negligence statutes, then they cannot recover damages.

Parents of drivers under 18 are legally liable for damages their child causes, up to $3,500 per injured person. In the case of a car crash, the family’s auto insurance policy would cover damages if the teen driver were found liable for the wreck. However, the plaintiff may sue the parents separately for the crash, claiming they were vicariously liable.

Role of Parents in Driver Education

Parents are responsible for educating their teen drivers about Colorado traffic laws and safe driving practices. This includes ensuring the teen gets a form of classroom driving instruction before getting their learner’s permit. Once the teen has a driving permit, they must log at least 50 hours of supervised driving before being eligible to take the driver’s license exam.

The Colorado Department of Motor Vehicles oversees driver licensing in the state and lists the requirements for teen permits, teen licenses, and the GDL program. It also has resources available for parents and teens for driver education classes approved by the Colorado Department of Transportation.

Negligent Entrustment and Vicarious Liability in Colorado Teen Driving Accidents

Determining liability in a car crash when one driver is a minor is more complex than other car wreck injury claims. First, negligent entrustment may play a role in the case. Suppose a parent knows that their child has engaged in risky behavior behind the wheel in the past or has reason to believe that the child may drive recklessly yet still permits the child to drive. In that case, the parent is considered liable for harming their minor child causes.

Another Colorado law that pertains to teen driving lawsuits is the family car doctrine. This legal concept is based on the premise of vicarious liability. If a teen driver is driving for a “family purpose” (going to the grocery store, taking a younger sibling to school, etc.), then the parents of the teen driver are vicariously liable for damage the teen does if they get into a wreck while using the car for family purposes.

These two points of law can make a straightforward case much more complex. A skilled car accident lawyer from Earl & Earl, PLLC, can protect your rights and assert your claim against the other party.

How Can a Colorado Car Accident Lawyer Help After a Teen Driving Accident?

The legal aftermath of a teen driving accident centers around protecting the parents from being personally used by the other driver and proving that the teen didn’t cause the wreck and, therefore, has the right to demand compensation for damages caused by the other driver.

Your lawyer represents you in conversations with the other party and can help prevent your words (or your teen’s words) from being twisted into an admission of fault. If the other driver knows they caused the wreck, there’s a good chance they may intimidate your teen into admitting liability – or even misstate facts, hoping the insurance company will assume that the teen driver was reckless. Refer all communication to your attorney.

Your lawyer will investigate the incident, gathering evidence proving your teen wasn’t at fault, using expert accident reconstruction witnesses, witness testimony, and photo or video documentation of the wreck. They then build a case against the other driver, seeking to establish that they contributed at least 51% of the fault for the wreck.
Many car accident claims are settled out of court in negotiations between the two parties. A lawyer can represent you in these negotiations, demanding full and fair compensation for your losses.

Has Your Teen Been Involved in a Car Wreck?

Our Colorado car accident attorneys are ready to help guide you through the tricky business of legal claims after a teen driving accident in Colorado. We can protect your rights and gather evidence against the at-fault party to help pursue your claim for damages. We’re committed to getting full and fair compensation on behalf of our clients. Call us today for a free consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

UNDERSTANDING THE LEGAL CONSEQUENCES OF TEXTING WHILE DRIVING IN COLORADO

Most of us understand that texting and driving isn’t a good idea. Your mind is thinking about what you’ve just read or what you want to reply while your hand is taken off the wheel to tap on your phone. But, many of us would also be lying if we claimed we never took “just a peek” at a social media notification or a quick scan of an urgent work email while behind the wheel. Unfortunately, texting and driving is the most common form of distracted driving, and distracted driving is one of the chief causes of traffic collisions.

Texting and driving can have serious legal consequences, especially if you hit someone while you’re mentally and physically distracted. If you’ve been struck by a distracted driver, you have several legal options, including pursuing a civil action against them to secure compensation for your losses, like a damaged vehicle and medical bills. We can explain your options in a free consultation, so call Earl & Earl, PLLC, today.

Texting While Driving Laws in Colorado

Colorado law makes it illegal for anyone under 18 to use a cell phone or other electronic device while driving, even in “hands-free” mode. Adults have restrictions on smartphones and similar electronic communication devices, too. Drivers over 18 may place voice calls on a wireless telephone while driving and may wear one headphone while doing so. However, all drivers in Colorado are prohibited from manual data entry on a wireless device, which includes:

  • Texting and sending emails

  • Programming a GPS

  • Queueing up a podcast or playlist

  • Engaging with an app on the phone

There are some exceptions to Colorado texting and driving, however. Any driver, no matter their age, is permitted to use a wireless device to make a phone call or send and receive text messages in an emergency or if they need to contact a public safety entity.

The Colorado Department of Transportation (DOT) notes that an emergency may be:

  • A situation in which someone is in fear for their life

  • A person has reason to believe a criminal act or violence may be perpetrated against themselves or someone else

  • Reporting a serious traffic accident, a fire, a medical emergency, or a serious road hazard

  • Reporting another driver behaving recklessly or in an otherwise unsafe manner

If a police officer cites you for using a phone while driving, you could face serious penalties, especially if your behavior caused harm to another person.

Legal Consequences of Texting While Driving

Colorado’s penalty for a minor’s first offense texting and driving charge, considered a Class A traffic infraction, is a fine of $50, with subsequent citations earning fines of $100 and more. Adults face a Class 2 Misdemeanor Traffic Offense, with a fine of $300 for the first offense. Both minors and adults will also get points on their licenses (minors receive one, adults four).

However, with multiple texting and driving citations, your license may be suspended. The consequences of texting and driving are much more serious than a fine if the driver causes a wreck and injures another person.

If texting and driving causes a driver to crash and hurt someone, then they may face criminal charges. Causing bodily injury or being the proximate cause of death of another person in a traffic collision is a Class 1 Misdemeanor in Colorado, with penalties of:

  • Up to one year in jail

  • $1000 fine

  • Four points on the driver’s license

That’s just the criminal penalties for causing a crash while texting and driving. Drivers who harm another because of their negligence, which is what texting and driving is considered to be, may also be liable for damages the other party suffers and face a civil action.

Civil Liability for Texting While Driving Accidents

Someone whose negligence causes harm to another may be liable for damages the victim suffers. Damages, when talking about civil actions, refers to the victim’s financial losses. This could include their medical bills, rearing or replacing the damaged vehicle, lost wages from work, and pain and suffering from their injuries.

If you cause an accident while texting and driving, the other party could file a lawsuit against you. If you were the person who a distracted driver hit, then you have the right to file a suit against them to recoup your economic and non-economic (pain and suffering, emotional trauma, diminished quality of life, etc.) losses.

However, there’s a lot of legal legwork between the initial crash and getting a settlement check. We would like to think that the at-fault driver’s insurance company would do the right thing and pay the full extent of your losses, but that doesn’t always happen. In fact, many insurers will seek any reason to deny or minimize a claim, especially a high-value one. An attorney can help you pursue the compensation you deserve.

The Importance of Legal Representation If You’ve Been Hit By a Distracted Driver

Although you don’t have to have a Colorado car accident lawyer to get a settlement from the at-fault driver, legal representation can have multiple benefits. First, an experienced car accident attorney can properly value your claim, including a fair amount for your pain and suffering and loss of quality of life.

Secondly, your attorney can handle all the legal paperwork associated with your claim. This includes sending a Demand Letter to the other party, filing the lawsuit for damages, and drafting all the necessary motions to move the case forward.

Your lawyer is your advocate. They can represent you in negotiations with the other party – and even communicate with them on your behalf. You can focus on healing and recovery and comfortably refer all conversations from the other driver and their lawyer to your own attorney.

Have You Been Harmed Because Someone Was Texting and Driving?

Whether you are a pedestrian, cyclist, or another driver, the chances of suffering serious injury and life-altering consequences after being hit by a distracted, texting driver are high. We represent victims like you, helping you demand full and fair compensation from the negligent driver. Call Earl & Earl, PLLC, today for a free consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

HOW SOCIAL MEDIA CAN AFFECT YOUR PERSONAL INJURY CLAIM

Social media is everywhere — it’s even become a lucrative career for many people. From sharing updates about their family life to scrolling through funny videos, most people are active on social media almost daily. If you’ve recently been in an accident, though, posting updates about how you’re healing, details about what happened, or even taking a dig at the other party involved is a definite no-no.

Your Colorado personal injury lawyer may have already told you to stay off social media – but why? Even if you think you’re being private or low-key, your social media posts could end up being a serious piece of evidence against you in a personal injury suit.

Unintended Consequences of Sharing Accident Updates on Social Media

We all know those people on social media who overshare, but if you share details about an accident you were in or a claim you filed for damages, the fallout is more than just embarrassment. The defendant, (usually its insurance company or lawyer), may be monitoring your Instagram, TikTok, X, and other socials for evidence that you’re not hurt as badly as you say you are.

Some of the information that you share may seem innocent enough, like a photo of a wrecked car or details about how badly you’re hurt. Be careful about conversations you have online, though. Anything that you say or post publicly, even on a private social media account, could be used against you in a personal injury claim.

Be careful about scrubbing your socials, though. In some cases, deleting or editing your posts after an accident could be construed as destroying evidence in the civil case.

Common Pitfalls in Social Media Usage After an Injury

Some of the most disastrous ways social media can harm your lawsuit for damages include:

Posting about your accident or injuries. Your medical records will be a valuable part of the evidence in your claim, and copies of your post-accident exam and treatment are usually given to the other party during the discovery phase of the trial. The defense may compare the records with your social media posts. If you’re posting pictures or status updates inconsistent with the injuries you claim happened in the accident, then the other side may reduce their settlement offer.

Sharing activities inconsistent with claimed injuries. You’re eligible to claim damages for lost wages and diminished earning capacity as part of your claim, as well as compensation for a loss of quality of life. But, if your social media shows you at work or being active, like going out to a party, riding a bike, or on vacation, then it may be easy for the other lawyer to claim that you’re faking your injuries. And, if you were hurt on the job and claimed that you could not work but post photos of you running a 5K or going to Elitch Gardens, for example, you may have just torpedoed your claim for lost wages.

Discussing the case or legal proceedings online. You may not be under a formal “gag order” from the judge in your civil action, but it’s probably best not to post about how your case is proceeding to all your online friends and followers. You may unwittingly disclose things your lawyer doesn’t want the other party to know about, or your posts may be compared against your deposition or other formal statement to make you look like a liar or otherwise unreliable as a witness.

Friend requests and interactions with opposing parties. Have you noticed an influx of new friends or follow-up requests after filing your personal injury lawsuit? Be wary — these may be plants from the opposing party, deliberately trying to gain access to your private, friends-only posts or even trying to DM you for information that the other party’s lawyer could use against you. Don’t accept new friends or followers until your case concludes.

Limitations of Privacy Settings on Your Socials

You can restrict your socials or temporarily suspend them while your case proceeds. The defendant’s lawyer can’t use your words or photos against you if you aren’t posting anything. Even if you have your Facebook, Instagram, X, and TikTok set to private and aren’t accepting new followers, there’s still a chance that your information or posts can be leaked.

The higher your claim’s value, especially if the defendant is a powerful opponent, like a healthcare facility or commercial food or beverage manufacturer, the more likely the defendant is to do a lot of digging on you, especially your social media.

Social Media Evidence in Court

Public social media posts may be used as evidence in any Colorado court case. If you post publicly, then a judge may reasonably rule that you have no expectation of privacy for the words or pictures; therefore, these can be admitted as evidence.

Even posts you make that are just visible to friends or followers (“private”) may still be used by the other party as evidence in your case. During the discovery phase of the trial, when both sides exchange information and evidence, the defendant’s attorney may request copies of everything you posted online from the time of the accident until the present.

As long as the evidence that the other party presents follows Colorado’s Rules of Evidence, then just about anything you post socially may become part of your case.

Be wary about manipulating your case through social media to appear even more injured than you already are. It’s probably better to follow your lawyer’s advice about what you can and cannot post or how long you should take a social media break while your case progresses. Even if you aren’t specifically talking about the claim or your injuries, you may inadvertently give inaccurate information that could hurt your cause.

Do You Need Help After an Accident?

ZEALOUS PERSONAL INJURY LAWYERS WORKING FOR YOU

If you’ve been hit by another driver, bitten by the neighbor’s dog, hurt at work, or slipped and fallen at your local King Soopers, you may have a personal injury claim. The experienced Colorado personal injury attorneys at Earl & Earl, PLLC, support your right to demand full and fair compensation after the accident. Call us today for a free initial consultation!


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

WHAT TO DO IF YOU’RE INJURED IN A HIT-AND-RUN ACCIDENT

Getting into a car crash is scary and painful. Seeing the other driver peeling away from the scene adds another layer of uncertainty and frustration to the incident. If you’ve been hurt in a hit-and-run accident, calling the police right away is your best bet.

What else can you do after a hit-and-run? As the victim, you may have more options than you think, especially if you hire an experienced Colorado hit-and-run accident lawyer, like the ones at Earl & Earl, PLLC. We’re a legal team of tenacious, determined litigators, and we can help victims of hit-and-run accidents – like you – pursue justice and compensatory damages from the at-fault driver. Call our offices today for a free case review to learn more.

Why Do Hit-and-Run Accidents Happen?

A hit-and-run accident refers to a traffic accident where one party flees the scene. Colorado lawrequires all motorists to stop if they get in a crash and remain at the scene until police dismiss them. The law also requires that any accident be reported immediately. You can report the accident online, at the Colorado DMV website, or your local police station.

Because the law requires immediate reporting of the accident, many people who don’t want to get involved with the police would rather flee the scene than stick around and answer awkward, possibly incriminating questions.

Some reasons someone may commit a hit-and-run include:

  • They don’t have insurance

  • They don’t have a driver’s license or are driving on a suspended license

  • They have a warrant out for their arrest

  • They didn’t realize they hit you

  • They don’t want to pay for damage they caused

There’s a pretty good chance a hit-and-run driver doesn’t have insurance, which can make collecting compensation for the damage they caused trickier.

Steps to Take After a Hit-and-Run Crash in Colorado

It’s always best to call for emergency assistance after a car wreck, even if you don’t feel badly hurt. Some car accident injuries may not show up right away or be masked by the adrenaline your body produces after the crash. You may not realize you have internal organ damage or a hairline fracture for a day or longer after the wreck. By the time the symptoms present, your health could be at risk.

When you call 911, you’ll get emergency medical responders trained to quickly assess hidden injuries. The medical report from EMS also directly ties your injuries to the crash, becoming a valuable piece of evidence in a car accident lawsuit.

Alerting the 911 dispatcher about the other driver leaving the scene may give the police a better chance of catching them, especially if you can describe the car or a partial plate.

While waiting for the police to arrive, you can start gathering evidence. Take photos of the damage to your car and any injury you suffered, if you can. Make notes of everything you remember about the vehicle that struck you and the events leading up to the crash. Note any witnesses and get their contact information. You may also ask witnesses to stay until police arrive, to give their statements.

Once your medical condition has stabilized, you can turn your attention to the legal issues a hit-and-run presents. You should report the accident to your insurance company, alerting them that it was a hit-and-run and that you contacted the police.

It’s also a good idea to get legal advice sooner rather than later. You may have problems with your insurance company and need advice to approve your claim. Or, if the police do locate the other driver, a lawyer can help you file a lawsuit to recover your losses.

The Role of Uninsured Motorist Coverage

Colorado does not require drivers to carry uninsured or underinsured motorist insurance (UM/UIM). Per Colorado law, this insurance can cover your bodily injury losses (medical bills, surgery, and rehabilitative therapy) if you’re hit by an uninsured driver or involved in a hit-and-run.

UM/UIM coverage does not always cover the damage to your vehicle, though. Getting a police report to detail the extent of the vehicle damage can come in handy if the other driver is apprehended. You may also talk to your insurance company about your options for covering damage to your vehicle. Each carrier differs in what it will and won’t cover, so your policy may have options for fixing or replacing your car.

How Can a Colorado Hit-and-Run Accident Lawyer Help Me?

Even if no defendant is readily available right after the hit-and-run accident, they could be caught later. A car accident lawyer can help you recover your losses after the accident. They can conduct an independent investigation into the crash, gathering evidence to help identify the other driver and prove that their negligence caused the crash.

Many car accident claims are settled out of court in negotiations between the two parties. However, these negotiations usually involve the at-fault driver’s insurance company. If the other driver left the accident scene because they didn’t have insurance, there’s a good chance they won’t be able to cover all your losses out-of-pocket. In these cases, your attorney may advise taking your case to court.

If your case goes to court, your lawyer advocates for your interests, presenting proof of the other driver’s negligence and their liability for your damages. A jury likely won’t look favorably on someone who flees the scene of a crash, making your claim look more substantial. If you win your case, but the defendant has no insurance, the court may find other ways to get you the money you’re owed, including garnishing the defendant’s paycheck.

Skilled Legal Advocacy After a Hit-and-Run

If you’ve been hurt in a hit-and-run car accident, you may be able to get compensation from the driver who left the scene, even if you didn’t get their name. Working with a skilled car accident attorney can improve your chances of a positive outcome after a crash. We know Colorado insurance law well and can help find a solution for your problems. Call Earl & Earl, PLLC, today for a free consultation after being hit by a hit-and-run driver.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

WHAT IS CONSIDERED A MAJOR INJURY IN A CAR ACCIDENT?

Suffering a major injury in a car crash could leave you permanently disabled, in chronic pain, or unable to care for yourself or your family – forever. Car accident claims when someone suffers a catastrophic injury are more complex than other types of accidents and may create more legal concerns than victims and their families think. An experienced, knowledgeable Colorado Springs car accident lawyer can help you pursue a claim for damages after a severe car accident injury.

We’re the law firm to call when the unthinkable happens. The car accident attorneys at Earl & Earl, PLLC, know that a major injury affects all areas of your life and relationships. We advocate for your interests and pursue justice on your behalf.

The Types of Major Injuries Car Accident Victims Suffer

In violent collisions, many car accident victims suffer multiple injuries. Healing and rehabilitation can be long and painful, with no guarantee of a full recovery. Even one of these major car accident injuries can leave you permanently disabled or in chronic pain.

HEAD AND BRAIN INJURIES

A concussion or a Traumatic Brain Injury (TBI) ranges from mild to severe. A mild concussion may heal with a few days of rest, but a moderate to severe TBI or concussion can leave the victim with permanent brain damage. They could lose cognitive abilities, undergo major personality shifts, or be unable to live independently.

SPINAL CORD INJURIES

Partial or total paralysis is common in high-impact car crashes. You may be unable to walk anymore, suffer muscle spasms, and have permanent nerve damage after a spinal cord injury. Herniated or slipped discs are also common major injuries. Each vertebra is separated by a cushioning disc. If that disc tears or ruptures, it places pressure on the spine, impacting your ability to walk or move and causing chronic pain.

ORTHOPEDIC INJURIES

A compound fracture, where the bone protrudes from the muscle and skin, requires surgery to fix. Severe breaks may leave the victim incapacitated for months, facing a long road to recovery. Your car accident settlement can cover the cost of a hospital stay, surgery, and physical or occupational therapy to rehabilitate your muscles once the break heals.

A dislocated joint, like your shoulder or hip, may also require surgery. Trauma-induced dislocations often tear the muscles, ligaments, and tendons; even after those heal, that joint may be more prone to dislocation.

INTERNAL ORGAN DAMAGE

Internal organ damage and internal bleeding are sometimes referred to as “hidden injuries” in a car crash because the symptoms don’t present immediately. An emergency medical exam can detect this serious, often fatal, damage.

If you experience abdominal swelling or discoloration within a few hours of the wreck, seek immediate medical attention. This is a symptom of internal organ damage or internal bleeding. Without prompt treatment, you may have permanent organ damage or turn septic.

SEVERE BURNS

Burns from a fire started when the vehicles collided or burns from touching hot metal carry an extremely high risk of infection. Second, third, and fourth degree burns permanently damage the dermis and could affect the muscle tissue beneath. As your burns heal, you may require a series of invasive, extremely painful skin grafts.

Victims of burn injuries run high risks of developing mental health problems, too. The permanent scarring and disfigurement from the burns can cause depression or anxiety. The trauma of getting burned may lead to the onset of PTSD. Healing from burns may require both mental and physical treatment and therapy.

Legal Implications of Major Injuries in Car Accidents

The value of your claim will rest primarily on the extent of your injuries, your recovery prognosis, and whether you’ll be able to work or live independently once you’ve reached your maximum medical improvement. Your attorney uses your medical records in multiple ways:

ESTABLISHING LIABILITY

The crux of a car accident claim is proving that one party was negligent, and their negligence caused the wreck and your injuries. Your lawyer builds a case against the at-fault party using things like their cellphone data, the vehicle’s Event Data Recorder, witness statements, and photos or videos of the crash scene.

You have the right to demand a settlement to cover your past, present, and future medical care. You may need extensive treatment to heal from your injuries or have complications that require more medical care. Some victims may need accommodations in a skilled nursing facility to heal and recover.

An expert medical witness may be needed to explain the extent of your injuries and your prognosis. Expert witnesses describe how the accident caused your injuries and interpret your physician’s findings to explain to a jury what kind of future medical and personal care, or rehabilitative therapy, you will need and estimate its cost.

Proving that the other driver was liable is critical to proving that they are responsible for compensating you for all losses you suffered from the crash.

Legal Recourse for Victims of Major Injuries

You have the right to file a personal injury lawsuit against the at-fault driver. Their insurance company may offer a pittance for a settlement – if it doesn’t deny the claim outright! An experienced car accident lawyer can help you get the compensation you need for all your expenses, avoiding placing a heavy financial burden on your family.

You may also need mental health treatment. The trauma of a violent crash can manifest itself in a number of ways, affecting your quality of life and relationships. Or, if you’re permanently disabled or disfigured, therapy could help you heal emotionally and move on from the traumatic event.

Have You Been Seriously Hurt in a Car Crash? Our Lawyers Want to Hear Your Story

The last thing you want to do as you’re in pain and recovering from a major jury in a car crash is worry about the legal process of getting compensation. The legal team at Earl & Earl, PLLC, can help you get the compensation you deserve, handling your car accident claim and negotiating with the other driver’s insurance company for full and fair compensation to cover your current and future medical care. Ready for help? Contact us online for a free consultation with a Colorado Springs car accident lawyer.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

NAVIGATING RIDE SHARE ACCIDENTS: YOUR GUIDE TO UBER ACCIDENT CLAIMS AND LEGAL RIGHTS

Uber, Lyft, and other ridesharing transportation options have exploded in Colorado Springs in the last several years. Instead of the hassle of booking a taxi or adjusting your schedule around when the Mountain Metro Transit runs, you can call up a ride on demand with a couple of taps. But just as the number of rides in the city has grown, so also has the number of traffic accidents involving a rideshare driver.

Distracted driving causes an average of 43 accidents per day, according to the Colorado Department of Transportation. Lyft, Uber, and other rideshare drivers have more distractions than most, between checking their app for a fare, paying attention to GPS, or engaging with their passengers to get that 5-star rating. In a crash caused by the rideshare driver, there’s a good chance they weren’t paying proper attention to the road.

If you’ve been harmed in a collision involving a Lyft, Uber, or another rideshare vehicle, you have several legal options, whether you were a passenger in the rideshare or the other driver. We can help you explore them. Contact Earl & Earl, PLLC, today for a free consultation with an experienced Colorado Springs car accident lawyer.

Understanding Ride-Share Accidents

How do ridesharing accidents happen? If you thought an Uber or Lyft was a safer alternative to public transit or a taxi, think again. A rideshare driver can cause harm in any number of situations.

TYPES OF RIDE-SHARE ACCIDENTS

A ride-share accident could involve:

  • A collision between the rideshare vehicle and another car or truck

  • A pedestrian or cyclist struck by an inattentive rideshare driver

  • Passengers in a rideshare vehicle injured in a solo vehicle crash

Each of these victims has the same right to demand compensation from the rideshare driver and possibly Uber, Lyft, or another company the driver is contacted with.

Paying more attention to the Uber or Lyft app than the road isn’t the only reason a rideshare driver causes a crash, although it may be the most common way. Other ways accidents happen include:

  • Long hours in the car or driving fatigue

  • Inadequate driver training. Unlike taxi or limo drivers, rideshare drivers aren’t required to have a special class of license, certification, or professional training.

  • Maintenance issues with the rideshare vehicle

In some cases, the rideshare driver may have been drinking or under the influence of drugs when the accident occurred. These situations could involve criminal charges for the driver, as well as civil action taken by the victims harmed in the crash.

Determining Liability in Ride-Share Accidents

The crux of any rideshare accident injury claim is proving negligence on the part of the party who caused or contributed to the accident. Your lawyer sifts through the facts of the case and examines the evidence to determine who shares liability for the crash (and your injuries) and to what extent.

Uber and Lyft drivers in Colorado are considered contact workers with the rideshare company, not employees. Even though the rideshare driver may be an independent contractor, Uber or Lyft could still be held responsible for harm the driver causes while waiting for a fare or transporting one. If the driver is logged into the app, Uber and Lyft both extend insurance coverage for damages the driver causes.

Verifying the status of the driver when the wreck occurred will determine whether your Colorado Springs rideshare accident attorney names the rideshare company as a co-defendant in your claim. That status also determines which insurance policy covers damages the rideshare driver does: their own private policy, one offered through Uber or Lyft, or both.

Steps to Take After a Ride-Share Accident

Your safety comes first after a crash, so always call 911 for emergency assistance. Car accidents often cause “hidden injuries” that may not present symptoms right away. You could have a hairline fracture, internal organ damage, or soft tissue damage and not realize it until hours or a couple of days after the wreck. In addition, the evaluation from EMS directly ties your injuries to the crash – so the rideshare driver’s insurance company can’t argue that they were pre-existing conditions.

Once your medical condition is stable, you can turn your attention to legal matters:

  • Take photos or a video of the crash scene and your injuries if you can

  • Note any witnesses and get their contact information

  • Save all documents related to the wreck, including the Official Police Report and all your medical records

  • Report the accident to your own insurance company (not doing so could invalidate your policy)

  • Talk to an experienced Colorado rideshare accident lawyer

You aren’t under any obligation to give a statement to Uber, Lyft, the other driver’s insurance company, or any other party aside from the police officers at the scene and your own insurance company. In fact, you’re within your rights to refer all communication to your attorney. Our firm can handle conversations with the other party, protecting your interests and keeping them from twisting your words into an admission that you caused the wreck.

Legal Recourse for Ride-Share Accident Victims

Soon after the crash, there’s a good chance that the insurance company covering the rideshare driver will approach you with a fast settlement, especially if their client’s fault is clear-cut. You don’t have to take this offer, though, and you can be sure it’s a low-ball one. Insurance companies make money by not paying out large claims. Once you sign the settlement agreement, you can’t go back later and file a suit if it turns out the settlement doesn’t cover all your medical care or other losses.

You can talk to an attorney to properly value your case, ensuring it covers current and future medical care and any loss of earning potential due to your injuries. Your lawyer may negotiate a better settlement with the other party or decide to take your case to court in pursuit of your best interests.

Have You Been Hurt in a Colorado Ridesharing Accident? We Can Help!

Thinking about the next steps after being hurt in a collision with a rideshare driver can be stressful, especially when you’re trying to heal and recuperate. The Colorado Springs rideshare accident lawyers from Earl & Earl, PLLC, are here to help. We represent you in communication and negotiation with the rideshare company and its driver, fighting for your rightful compensation. Our mission is advocating for you – and you alone. Find out more in a free case review by filling out our online contact form.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

CAN I BE SUED IF SNOW FROM MY CAR HITS ANOTHER CAR IN COLORADO?

If you’ve done any winter driving in Colorado, chances are you’ve seen motorists zipping along with snow on their cars. But is it legal to drive with snow flying off your car? Could someone sue you for it? Here’s what you need to know from the car accident attorneys at Earl & Earl, PLLC.

Snow-Related Car Accidents in Colorado

Colorado has some of the harshest winter weather in the U.S., leading to icy and snow-packed roads — and car accidents. March is the snowiest month of the year in the Centennial State, which sees hundreds of inches of snow annually. This weather creates extreme winter driving conditions, even in the spring months when temperatures rise above freezing. Both residents and tourists are at risk of being involved in serious accidents with snow on the ground. In 2022, winter weather caused a 100-car crash in Denver during its first snowfall of the year. Highway closures are common as motorists contend with black ice, wintry mixes, and limited visibility during snowstorms.

What If Snow From My Car Hits Another Vehicle in Colorado?

You may wonder, “Is it legal to drive with snow on your car in Colorado?” You won’t face criminal charges if snow blows off your car and onto another vehicle, but you could be liable if fallen snow causes an accident that injures someone else. You should always clear as much snow off your car as possible before you drive as a matter of courtesy and safety.

Clear all snow from your headlights, brake lights, license plates, mirrors, and windows. But it’s most important to make sure your windshield is snow-free. If a Colorado police officer sees you driving with snow covering your windshield, you could get a $35 ticket for view obstruction. Don’t forget to clear your tailpipe. If you get stranded in a snowstorm, a blocked tailpipe can send carbon monoxide into the car’s cabin, poisoning you and your passengers.

Compensation After a Car Accident Caused by Snow

Motorists who fail to account for snowy conditions can be liable for any accidents they cause. If you suffered injuries in a car accident due to snow, you could recover compensation for:

  • Past, current, and future medical bills

  • Lost wages

  • Lost earning capacity

  • Pain and suffering

  • Repair or replacement costs for property damage

What Should I Do Immediately After a Snow-Related Car Accident?

The steps you take in the immediate aftermath of a snow-related automobile accident can significantly affect your right to recover money. You should:

  • Check yourself and others for injuries.

  • Call 911, so paramedics and police respond to the accident scene.

  • Move your vehicle to a safe place to avoid a secondary crash if possible.

  • Exchange information with the other driver(s) involved, including names, phone numbers, insurance details, and vehicle information.

  • Take photos of the accident scene, including vehicle damage, environmental conditions, and any visible injuries.

  • Talk to witnesses and get their contact details.

  • Check your insurance policy to learn the deadline for notifying them of the crash.

  • Talk to a Colorado car accident lawyer to discuss your legal rights to compensation.

Hurt in a Colorado Snow-Related Vehicle Accident? Our Colorado Car Accident Lawyers Can Help

If you get hurt in a snow-related car accident in Colorado, the knowledgeable injury lawyers at Earl & Earl, PLLC, can help you demand compensation from every responsible party. Contact us now for a free consultation with a Colorado car accident lawyer.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

UNDERSTANDING PAIN & SUFFERING IN A PERSONAL INJURY CLAIM

You’ve probably heard of pain and suffering in reference to personal injury suits, but you might not know what it means or why it’s important if you get hurt in an accident. You need to know pain and suffering is a crucial form of compensation that can make a huge difference in the amount of compensation you take home in a successful legal claim. Here, the Colorado personal injury attorneys at Earl & Earl, PLLC answer some of the top questions clients have about pain and suffering awards in personal injury cases. 

What is Pain and Suffering?

Pain and suffering describes the intangible effects of an injury on your life. These effects can be physical, emotional, or psychological. You may suffer physical pain while recovering from your injuries or chronic pain that interferes with your daily life. This could lead to depression, anxiety, or post-traumatic stress disorder (PTSD). Many emotional and psychological issues can develop after an injury, and no two people are alike. 

Here are the answers to some of the most pressing questions injury victims have about pain and suffering:

  1. How do you explain pain and suffering? It’s complicated. What constitutes pain and suffering is unique to each victim and each case.

  2. Can I sue for pain and suffering? You could be entitled to sue for pain and suffering if someone else is responsible for your injury. You may also want to settle out of court.

  3. How much can you get in pain and suffering? The amount you could receive for your claim depends on several factors, including the severity of your pain and suffering and its effect on your life.

  4. Is pain and suffering the same as bodily injury? No. Bodily injuries can cause pain and suffering, but a personal injury claim involving pain and suffering looks at intangible losses that don’t necessarily have a specific dollar value attached to them. 

Evidence in a Pain and Suffering Claim

To receive compensation for pain and suffering, you must prove that you suffered physical, emotional, or psychological harm directly caused by the accident. Evidence that could support your claim might include:

  • Photographs or videos of injuries

  • Medical records and professionals’ notes of medical treatment

  • Prescription receipts

  • Testimony or depositions about you from family, friends, or co-workers about your pre- and post-accident life

  • Personal journal entries describing your pain and feelings regarding your injuries

An experienced personal injury attorney can gather the proof necessary to build a strong case for pain and suffering compensation. 

Calculating Pain and Suffering

Insurance companies use different methods to calculate a pain and suffering award. There is no fixed formula. Instead, insurers look at the evidence and determine whether they think a demand for compensation is valid and how much they will pay. In court, a jury assesses the evidence and decides whether an amount for pain and suffering is justified. 

Colorado places a limit, or cap, on the amount of money a claimant can receive in pain and suffering damages. For most personal injury claims, pain and suffering awards are capped at $250,000 unless there is clear and convincing evidence to justify a larger award. If so, the amount increases to $500,000 (plus inflation). Medical malpractice awards for pain and suffering are capped at $300,000.   

Regardless of the method used to calculate pain and suffering, negotiation is often required to obtain a fair and reasonable settlement. Having an attorney to represent you during settlement talks is a crucial way to maximize your compensation. 

Under Colorado law, you can still obtain compensation as long as you are 49 percent or less responsible for your injuries. A single percentage point higher, and you are barred from obtaining any money at all. When the stakes are high, a skilled personal injury lawyer will defend your interests so you are compensated fairly for your losses. 

Get Help From our Personal Injury Attorney

The legal team at Earl & Earl, PLLC are experienced personal injury clients who fight aggressively for the rights of accident victims. Contact us today for a free consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

TYPES OF DAMAGES YOU COULD RECOVER IN A PERSONAL INJURY CLAIM

In Colorado, damages is the legal term for compensation for an injury caused by someone else. Many people are entitled to compensation for economic losses after accidents, such as medical bills or property damage. But sudden accidents result in more than just financial losses. State law also allows individuals to seek money for non-economic losses such as pain and suffering. But how do you put a price on such intangible losses? These non-material damages are harder to calculate but no less important. 

If you were hurt in an accident, the Colorado personal injury lawyers at Earl & Earl, PLLC can tell you what your case is worth after reviewing the facts. Call or contact us now for a free consultation. 

Personal Injury Damages in Colorado

After an accident, injured people can seek compensation from the at-fault party(s) in Colorado. Common personal injury claims involve auto accidents, dog bites, slip and fall incidents, pedestrian crashes, defective products, and wrongful death. 

When you file a claim, you can pursue two types of damages: compensatory and punitive. 

Compensatory Damages

Compensatory damages can provide relief for both economic and non-economic losses.

Economic losses are financial losses stemming from the accident. These are losses that you can calculate. Examples include:  

  • Medical bills

  • Lost wages

  • Loss of future earning capacity

  • Rehabilitation

  • Costs for prescription medications, assistive devices like wheelchairs, and round-the-clock nursing care

  • Out-of-pocket expenses, such as mileage for travel to doctor’s appointments

  • Property damage

Non-economic damages are intangible. These losses do not have a specific dollar value because they don’t come with billing statements or invoices. 

In Colorado, you can receive compensation for non-economic damages such as: 

  • Emotional distress

  • Loss of enjoyment of life

  • Pain and suffering

  • Disfigurement

  • Loss of consortium

Punitive Damages

Punitive damages, sometimes called exemplary damages, are meant to punish a defendant for their misconduct and deter similar behavior. Under Colorado law, these damages are available only when there is proof of “fraud, malice, or willful and wanton conduct.” Punitive damages are rare and can only be awarded at trial.

Is There a Cap on Personal Injury Damages in Colorado?

Colorado does not cap damages on economic losses in most personal injury cases. However, the state does impose an inflation-adjusted $250,000 cap on non-economic damages unless the court finds “clear and convincing” evidence to award more. In those situations, awards cannot exceed $500,000.

The state does set non-economic damage caps for certain types of personal injury cases:

  • Medical malpractice – $300,000 plus inflation

  • Wrongful death – $250,000 or $500,000 plus inflation (except in medical malpractice cases or if it was a felonious killing)

  • Dram shop – $150,000 per person injured

Punitive damages are also capped in Colorado. The amount awarded for punitive damages in most civil lawsuits cannot exceed three times the amount awarded for compensatory damages. The court may reduce the amount awarded for punitive damages or disallow them.

Contact a Personal Injury Lawyer Today

At Earl & Earl, PLLC, we treat our clients like family and provide them with personalized attention and top-quality legal services. Let our experienced lawyers fight for the full and fair amount of compensation you deserve. Contact our office today for a free case review.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

WHAT TO DO IF SOMEONE REFUSES TO SHARE INSURANCE INFORMATION AFTER AN ACCIDENT

After a traffic crash, all drivers should exchange auto insurance information. But what if the other driver refuses to provide insurance information to you? Keep reading for advice from the car accident lawyers Earl & Earl, PLLC, about what to do if you find yourself in this situation.

Is it Mandatory to Provide Insurance Information in an Accident?

Yes. Under Colorado law, failing to provide proof of insurance at the scene of an accident is a misdemeanor traffic offense punishable by up to one year in jail, $1,000 in fines, or both. A motorist in a Colorado crash must present law enforcement with proof of their insurance policy.

How to Handle an Accident Scene Where the Other Driver Is Being Uncooperative

If the other driver is combative when you ask for insurance information, remain calm and call the police. You should always call law enforcement after a crash, and it is especially important if another driver is uncooperative. Take pictures of the other driver’s license plate and note the vehicle’s make and model. You should also take photos of the accident scene and vehicle damage and get the contact information of eyewitnesses who saw the crash.

How to Track Down the Other Driver’s Insurance Information

Because drivers involved in car accidents cannot refuse to present proof of insurance to police, you will likely be able to get the other driver’s information from officers who respond to the scene. They can search an insurance database even if the other driver is not carrying proof of insurance in the car.

What Happens if the Other Driver is Uninsured or Underinsured?

The other driver may refuse to cooperate with you if they failed to purchase auto insurance or are worried their policy will not cover the cost of your injuries and other losses. However, you should have uninsured motorist (UM) or underinsured motorist (UIM) coverage on your own insurance policy unless you opted out. If you have UM/UIM coverage, you can file a claim with your insurer to cover the costs of your medical bills and car repairs up to your policy limits. You could also be entitled to file a personal injury lawsuit against the at-fault driver to pursue compensation from them directly.

Reasons Why Drivers May Refuse to Provide Insurance Information

Some of the most common reasons drivers refuse to provide their insurance information after a car accident are:

  • They have no insurance.

  • They haven’t paid their premiums.

  • They don’t want their premiums to increase.

  • They have a criminal record.

  • They are driving with a suspended license.

  • They are driving a stolen vehicle.

  • The driver is impaired by drugs or alcohol.

Never start a debate with an uncooperative driver. Just be patient and wait for the police to help resolve the situation. Once you have the motorist’s insurance information, you can begin filing a personal injury claim if necessary.

Getting a Colorado Lawyer to Help You with Your Case

If you suffered an injury in a Colorado car crash, reach out to the skilled car accident attorneys at Earl & Earl, PLLC, today. Contact our office for a free case review.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

PERSONAL INJURY CLAIMS INVOLVING PRE-EXISTING INJURIES

Car crashes or other accidents can happen to anyone, regardless of age or health. But while a pre-existing injury or condition should not have any bearing on a personal injury claim, insurance companies may use a pre-existing issue as an excuse to deny or reduce the value of your claim. If you have major medical bills or other expenses from the accident, having your claim denied or reduced could be financially devastating.

The Colorado personal injury attorneys at Earl & Earl, PLLC, can help if you have been in an accident and have a pre-existing injury or health condition. Although our personal injury lawyers have handled thousands of cases, we can offer personalized and individual assistance in making a strong case for compensation. We offer free consultations to new clients, so get in touch today to learn more about how we can help you.

What Are Considered Pre-Existing Conditions?

A pre-existing condition is any illness, injury, or other medical condition that you have prior to an accident. For example, if you suffered a previous back injury, it would likely be considered a pre-existing condition. Other examples of pre-existing conditions include:

● A prior neck or head injury

● Any prior surgeries you have had

● Chronic heart or respiratory conditions

● Degenerative disc or joint disease

● Arthritis

● Diabetes

● Osteoporosis

● Mental health disorders

Should I Mention Any Pre-Existing Conditions While Filing a Claim?

You should disclose any pre-existing conditions when you file an insurance claim or personal injury lawsuit after an accident, as failing to disclose a condition may give the insurance company grounds to dismiss your claim. However, you should also be careful about how you disclose the prior condition. By talking to a lawyer about your pre-existing condition, they can evaluate your medical history and advise you on how to talk to the insurance company about a past injury or illness.

Will I Be Able To File a Claim If I Have Pre-Existing Injuries?

A pre-existing condition does not bar you from recovering compensation for new injuries or for a prior condition that has been reaggravated or worsened by an accident. With the right lawyer on your side,

you may be able to claim compensation for any treatment you need for a reaggravated injury or exacerbated condition.

Laws Regarding Pre-Existing Conditions

Like most states, Colorado law follows a legal principle commonly known as the “eggshell skull” rule in personal injury cases. This rule states that a plaintiff’s pre-existing condition or frail state cannot be used as a defense. In other words, an insurance company is not allowed to use your pre-existing condition against you if you file a lawsuit.

Filing An Insurance Claim and Lawsuit

To minimize the hassle involved in an insurance claim or lawsuit after an accident, you should seek help from an experienced Colorado personal injury lawyer. The team at Earl & Earl, PLLC, can help you put together a strategy to counter any allegations by an insurance company that you are to blame for your injuries in an accident. We refuse to let our clients be taken advantage of by insurance companies, and we will help fight for maximum compensation.

Hiring An Attorney To Help With My Personal Injury Case

In Colorado, you only have two years after an accident to file a personal injury lawsuit, so it is in your best interest to talk to a lawyer right away. We would be honored to be part of your trusted team, so contact Earl & Earl, PLLC, today for your free initial consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

STEPS TO FILE A PERSONAL INJURY CLAIM IN COLORADO

Getting hurt in an accident can be painful, distressing, and expensive. Recovering can be even more stressful when another party is at fault for the incident. But don’t despair. In Colorado, victims can file personal injury claims against the responsible party requesting compensation for their losses. 

Most people need help learning how to start a personal injury claim. Getting advice from a lawyer is an excellent way to get the information you need. Here are some tips from the experienced personal injury attorneys at Earl & Earl, PLLC. 

What You Should Know Before You File a Personal Injury Claim

Accident victims often feel hesitant about taking legal action. Here are a few things to keep in mind if you’re unsure about going forward with your case:

  • Personal injury claims protect you. Colorado law recognizes that accident victims should not be forced to pay for injuries someone else caused. If you prove that your injury results from someone else’s negligent conduct, you can receive compensation for your financial and non-financial losses. 

  • Act sooner rather than later. There is a two-year statute of limitations on most personal injury claims in Colorado. Waiting too long could mean you miss your chance to recover any compensation, so it’s always best to get started quickly. 

  • Get help from a lawyer. Even if you think your case is simple, an attorney can explain how to go about a personal injury claim and estimate what your case is worth. You may be entitled to more money than you think.

How to File a Claim for Personal Injury 

You can begin taking steps to protect your legal rights immediately after the accident. You should:

  • Report the accident to the police.

  • Document the accident scene as best you can by taking pictures and talking to witnesses. 

  • See a doctor and begin treatment immediately.

  • Keep all accident-related documentation, such as medical records, receipts, pay stubs, and the police accident report. 

  • Don’t give a recorded statement or sign any documents for the insurance company until you’ve spoken to a personal injury lawyer. 

  • Contact an attorney to discuss your legal options. 

How to Begin a Personal Injury Lawsuit

You may not need to file a lawsuit. Start by discussing your case with an experienced personal injury lawyer. After identifying the liable party(s) and documenting the extent of your injuries, your attorney will draft a personal injury demand letter outlining the facts of the case and how much compensation you want. From that point, both sides will present evidence and enter into settlement negotiations. If a settlement cannot be reached, your attorney may advise taking your case to trial before a judge and jury.

Most personal injury cases end with an insurance settlement. However, the threat of a lawsuit can give you leverage when negotiations get tough. 

Types of Personal Injury Cases We Handle

Some of the Colorado personal injury cases we handle at Earl & Earl, PLLC, include:

Contacting a Lawyer to File Your Personal Injury Case

Do you need to file a personal injury claim in Colorado? At Earl & Earl, PLLC, we understand how the legal process can create stress and worry, and we want to help. Call or contact us today for a free initial consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

STUDY FINDS LONG-LASTING SYMPTOMS FROM TRAUMATIC BRAIN INJURIES

Did someone else’s recklessness cause you or a loved one to suffer a traumatic brain injury (TBI)? If so, a new research study documenting the long-term effects of a TBI may strengthen your case as you seek compensation for your injury.  

The study, published in the Journal of Neurotrauma, challenges previously held assumptions that traumatic brain injury (TBI) symptoms last for only three to six months. Such theories have made it easier for insurers to undervalue TBI claims and prevent victims from getting the full and fair compensation they deserve. 

However, new findings suggest that TBI symptoms can persist for as long as a year post-injury. Scientific data can provide strong evidence to support traumatic brain injury claims. 

What the Research Says 

According to researchers, long-term symptoms of TBI are more common than previously thought, with many signs lasting a year or longer. The study included 2,039 people who suffered a TBI within the last 24 hours, a control group of 257 who sustained a traumatic orthopedic injury, and a second control group of 300 with no recent injuries. They asked the participants to rate how 16 common TBI symptoms affected them at intervals for one year. 

Over half of the study participants who had suffered TBIs reported three or more persistent symptoms a year after their injury, with 70 percent reporting at least one severe symptom.

TBIs can result from a range of incidents, including:

  • Falls

  • Sports injuries

  • Motor vehicle accidents

  • Domestic violence

  • Gunshot injuries

  • Explosions 

What are the Long-Term Symptoms of Traumatic Brain Injury?

The most severe and persistent long-term effects of traumatic brain injury may include:

  • Poor focus 

  • Sleep disturbances 

  • Irritability 

  • Memory problems 

  • Delayed thought process 

  • Cognitive difficulties

Can a Concussion Have Long-Term Consequences? 

Concussions, also referred to as minor traumatic brain injuries (mTBIs), can cause short-term symptoms and/or lead to long-term neurodegenerative or neuropsychiatric conditions. Ongoing research suggests head injuries pose a serious risk of developing into dementia over time, a serious concern given that more than 23 million Americans aged 40 or older report having had a head injury that resulted in the loss of consciousness.

Some people experience post-concussion syndrome, when concussion symptoms last longer than the anticipated recovery period. It’s unclear why some people develop post-concussive syndrome and others don’t. Experts suspect it’s a combination of the physical brain damage and the emotional consequences of the brain injury on the individual.  

Common Neurological Complications of a TBI 

TBIs can lead to long-term health complications, including:

  • Memory issues 

  • Difficulty retaining new information 

  • Seizures/convulsions

  • Poor reasoning 

  • Speech and language problems 

  • Behavioral changes 

  • Depression and anxiety 

  • Insomnia

  •  Alzheimer’s Disease

  • Parkinson’s Disease

  • Dementia

Some TBI injury symptoms are immediately apparent at the time of injury. Others may not appear for up to several days or weeks after the injury has occurred. TBI symptoms also may evolve or worsen over time, resulting in unexpected hardships for victims and their families. 

Contact a Traumatic Brain Injury Lawyer in Colorado Springs Today

The Colorado traumatic brain injury lawyers at Earl & Earl, PLLC are ready to fight for the compensation you deserve after an accident. Call or contact us today for a free consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

HOW LONG DOES IT TAKE FOR AN INSURANCE COMPANY TO PAY OUT A SETTLEMENT?

After an accident, obtaining compensation from the at-fault party can be essential to stay financially afloat. Compensation can help pay for medical bills, living expenses, and other essential costs like repairing or replacing damaged property. But the time it takes to get a settlement varies based on the facts of the case and the insurance company you’re working with.

At Earl & Earl, PLLC, we’ve helped thousands of injured people seek the compensation they need after accidents caused by someone else’s negligence. Our Colorado personal injury attorneys can guide you through the claims process and push for a full and fair settlement that accounts for all of your losses.

Contact us today for a free consultation with an experienced personal injury lawyer.

How Long Does It Take to Get a Personal Injury Settlement Check?

After reaching a settlement agreement, the involved parties “make it official” by signing a settlement release. This document will release the at-fault party and their insurer from any future liability claims related to the accident.

Then clients ask the next natural question: “How long will it take to receive a check after signing a settlement release?” In general, it takes about six weeks to finalize a settlement. But that can vary significantly based on the complexity of the case.

For example, a case where the other person is clearly at fault may resolve more quickly than one where there are complicated questions about the accident. In each case, insurance companies and investigators will need to understand exactly what happened and who was at fault before they’ll approach a settlement.

What Happens After You Sign a Settlement Release?

After signing a settlement release, several steps will take place. In a typical case:

  • The insurance company will process the settlement amount, prepare a check, and close your claim.

  • The check gets sent to your personal injury lawyer, who places the money in a special account.

  • Any medical liens, attorneys’ fees, and other costs are paid from the account.

  • Once all outstanding costs are paid, your lawyer can send you a check with your final settlement amount.

Reasons Your Settlement Check May Have Not Arrived Yet

Already reached a settlement? If you’re wondering where your compensation is and how much longer it may take, keep in mind that there may be specific reasons that your check hasn’t arrived yet. These could include:

  • Insurance company processing delays. Key personnel who need to approve the settlement could be out of the office, slowing things down.

  • There may be liens placed on your settlement. If you still owe medical providers for treatment you received, those debts must be paid before you can receive any funds.

Get Legal Help From Earl & Earl, PLLC

After an accident, turn to the experienced Colorado injury lawyers at Earl & Earl, PLLC. Our law firm treats clients like family, which means we’ll aggressively fight for the fair compensation you need and deserve. We know that your settlement check means a lot to you, so we’ll keep you updated on the progress of your case every step of the way.

Contact us now for a free consultation. We’ll show you why so many people in The Centennial State trust us to help them seek justice and compensation when they need it most.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

TOP FIVE DANGEROUS ROADS IN COLORADO SPRINGS, CO FOR CAR ACCIDENTS

Anyone who drives in Colorado Springs knows the roads can be dangerous. Fast-moving vehicles, unexpected weather, and road construction can create hazardous conditions that could easily lead to car accidents. And as the city grows, so does traffic. All of those factors could easily cause a severe injury crash.

So, where are Colorado Springs car accidents happening? Keep reading to learn where the city’s biggest trouble spots are located.

Most Dangerous Roads in Colorado Springs

According to the Colorado Springs Police Department, approximately 11,000 crashes occurred in the city in a single year alone. Many of those collisions led to hundreds of serious injuries and nearly 50 deaths.

Some of the most dangerous roads include:

  • North Academy Boulevard – North Academy Boulevard has some of the most dangerous intersections in the city, according to an article by The Gazette. These include the intersections at East Platte Avenue, Austin Bluffs Parkway, North Carefree Circle, and Dublin Boulevard.

  • South Academy BoulevardAccidents also frequently occur at intersections on South Academy Boulevard, Airport Road, and East Fountain Boulevard.

  • West Cimarron Street – West Cimmaron Street is an important access route for I-25. That means huge amounts of traffic and a significant number of motor vehicle collisions.

  • North Powers Boulevard – One of the worst intersections in Colorado Springs sits at North Powers Boulevard. Its intersection with Stetson Hills Boulevard saw, on average, a crash nearly every week of the year in 2020.

  • I-25 – It’s no surprise that I-25 consistently tops the list of dangerous roads in Colorado Springs. High traffic volume, high speeds, and multiple construction areas make I-25 and its intersections challenging for even experienced drivers.

Tips to Stay Safe on the Road in Colorado Springs

Driving in Colorado Springs can be difficult due to fast-changing weather and challenging traffic throughout the day. When you’re driving, keep these tips in mind to help keep yourself safe:

  • Watch your speed.

  • Don’t follow others too closely.

  • Be mindful of weather and visibility.

  • Always wear your seatbelt.

  • Follow all rules of the road.

  • Stay off your cell phone and other devices.

While these tips can help prevent crashes, even the most cautious driver can end up in a car accident in Colorado Springs through no fault of their own. If you were hurt in a crash, get the medical care you need immediately and contact a lawyer to learn your options for seeking compensation for your injuries.

Colorado Springs Car Accident Lawyers

If you’ve been injured in an accident in Colorado Springs, reach out to Earl & Earl, PLLC. Our skilled attorneys will work with you directly to answer your questions, explain your rights under Colorado law, and help you make the right decisions for your future.

Call or fill out our online contact form for a free consultation with an experienced car accident lawyer.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

WHAT TO DO AFTER A PEDESTRIAN ACCIDENT IN COLORADO

a man's glasses on the road with him in the background on the road after being hit by a car. One of his shoes is off.

Pedestrian accidents can result in severe and catastrophic injuries. In the aftermath of an accident, victims often don’t know what to do next. Getting medical attention is always critical after a pedestrian crash, but there are other steps victims can take to protect their health and their right to pursue compensation for their losses.

The personal injury lawyers at Earl & Earl, PLLC, compiled the following list of tips for what to do if you or someone you love is injured in a pedestrian accident in Colorado. For customized legal advice, call or contact us today for a free consultation.

What to Do After a Pedestrian Accident With a Car

If you suffered injuries in a pedestrian accident with a car, take the following five steps:

  • Call 911. You need emergency medical services and law enforcement on the scene. Make sure to get a copy of the police accident report. You will need it if you need to file an injury claim later.

  • Gather information and evidence. Take photos at the accident scene if you can. Include pictures of your injuries, damage to the vehicle that hit you, identifying information on the car (e.g., license plate number), and wide shots of the scene. If there are any bystanders, ask for their contact information. They may be able to provide a witness statement that helps your case during the claims process.

  • Seek immediate medical attention. If you didn’t need emergency care, see a doctor as soon as possible after the pedestrian accident. You may have sustained injuries you can’t feel yet, such as a concussion, internal bleeding, or whiplash. Many insurance companies also require that you be evaluated within 72 hours of a collision. If you don’t, they could try to argue that your injuries did not stem from the accident and use that to reduce or deny your claim.

  • Contact a pedestrian accident lawyer. An experienced attorney can handle every aspect of your case for you while you focus on recovering from your injuries. In addition to building a solid case for compensation, your attorney can negotiate with the insurance company on your behalf. Having legal representation greatly improves your chances of getting a full and fair settlement.

How to Establish Liability in Your Colorado Pedestrian Accident Case

To establish liability in a pedestrian accident case, you will need to show that another driver’s negligence caused the collision and your injuries. An individual is negligent if they fail to use reasonable caution to prevent hurting others. For example, a driver who speeds through a red light and hits a pedestrian lawfully crossing a street would almost certainly be considered negligent.

There are different types of evidence you could use to help show the vehicle driver was negligent, such as:

  • Medical records detailing the cause and extent of your injuries

  • The police accident report

  • Witness statements

  • Footage of the accident from surveillance or dashcam video

  • Photos of the accident scene and your injuries

  • Findings from expert witnesses, such as medical experts and accident reconstruction specialists

Pedestrian Accident Prevention Tips

Unfortunately, pedestrians can’t always count on drivers to exercise due care when driving in areas with foot traffic. Follow these tips to protect yourself when walking along roadways:

  • Ensure that you are visible, especially at night. Consider wearing bright clothing and reflective gear.

  • Always use the sidewalk. If you must walk in the road, walk on the far-left shoulder in the direction of oncoming traffic.

  • Don’t walk while impaired. Consider using public transportation or a rideshare service.

  • Avoid distracted walking. Just as drivers can get distracted by texting or watching videos, so can pedestrians.

Talk With a Pedestrian Accident Attorney Today

Did a negligent motorist hurt you while walking in Colorado? Contact Earl & Earl, PLLC today for a free consultation with a knowledgeable personal injury attorney. We’ll help you understand your options for pursuing the fair compensation you deserve.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

STEPS IN A PERSONAL INJURY LAWSUIT IN COLORADO

Most people don’t like the idea of taking legal action against someone else. But if you or a family member was hurt in an accident caused by another’s negligence, filing a personal injury claim or lawsuit may be necessary to manage the enormous expenses that often accompany a serious injury.

A successful claim could keep you from spiraling into debt. So how do you start? By learning more about the personal injury claim process. Here’s how it works:

  1. Contact a personal injury lawyer.

    Personal injury cases require thorough investigation. To receive compensation from an insurance company, you must be able to prove that someone else’s recklessness caused your accident and injuries. You’ll need persuasive evidence to convince them to pay.

    Trying to identify who should be held liable, collect evidence, and negotiate with the insurance company is not something you should do alone. An experienced personal injury attorney will have the knowledge and resources to help you pursue full and fair compensation.

    At Earl & Earl, PLLC, we can explain the personal injury claim process and how it applies in your case during a free consultation. Call or contact us today.

  2. INVESTIGATE THE CASE.

    During the investigation, your attorney will move swiftly to gather and preserve vital evidence to help support your case. Medical records, photographs, witness statements, and the police accident report can all help your lawyer pin down who should be liable. Sometimes, more than one party is to blame.

  3. PROVE NEGLIGENCE.

    Your attorney will work to demonstrate how the negligence of the at-fault party(s) led to your injuries. Proving negligence typically involves establishing these four elements:

    • Duty: You will need to show that the at-fault party owed you a “duty of care” to take reasonable steps to ensure your safety. For example, every motorist has a duty to drive safely to avoid harming others.

    • Breach: Next, you’ll need to show how the at-fault party breached their duty of care through negligence. Perhaps the motorist beside you was texting and sideswiped you. That would be a breach of duty.

    • Causation: You must demonstrate that the at-fault party’s negligence directly led to the accident and your injuries. For example, the texting driver may try to argue that it wasn’t their wrongful action that harmed you, but the fact that you were weaving in and out of your lane before the crash.

    • Damages: Finally, you’ll need to be able to show the extent of your financial and personal losses.

  4. ENTER SETTLEMENT NEGOTIATIONS.

    Once your claim is prepared, your personal injury attorney will enter into settlement negotiations with the responsible party’s insurance company. This is the stage where you’ll finally start making decisions about how much money you’re willing to accept. The insurance company’s first offer will likely be far below what your case is worth. Your lawyer will know what’s fair and pursue maximum compensation on your behalf.

  5. FILE A PERSONAL INJURY LAWSUIT.

    If a fair settlement cannot be reached with the insurance company, you have a decision to make ― accept the final offer or take the case to trial. Your attorney will discuss the pros and cons of filing a personal injury lawsuit with you.

    • Go through mediation and more negotiations.

    If you choose to file suit, your attorney and the defendant’s lawyer will usually begin settlement discussions to resolve the case without the need for trial. Trials can be lengthy and expensive, so settling is often to everyone’s advantage.

    Sometimes, settlements also involve a mediator. This is often a retired judge who will assist the two sides in reaching a fair settlement agreement.

  6. GO TO TRIAL.

    Most personal injury cases settle out of court. But if your lawyer believes the best option towards a fair resolution will come from a trial, that could be your next step.

    The court proceedings could be as short as a day or potentially take years, depending upon the circumstances and complexities of your case. A judge will preside over the trial, and a jury will return a verdict after deliberations. If you disagree with the decision, you could file an appeal.

Contact Earl & Earl, PLLC Today

If you have been involved in an accident caused by someone else’s negligence, reach out to the dedicated Colorado personal injury attorneys at Earl & Earl, PLLC today. We will review your case, discuss your legal options, and help you craft a smart legal strategy for pursuing the full compensation you deserve. Contact us today for a free consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

DO I HAVE TO FIX MY CAR WITH THE INSURANCE MONEY?

When you’re waiting for a payout from the insurance company to cover the costs of vehicle repairs after a car accident, you may understandably wonder if you must use that money to fix your car. After all, you may have more immediate financial needs after a crash than getting your car fixed. Shouldn’t you be able to use the money how you see fit?

Perhaps, but it’s not always that simple. Sometimes your insurance company may require you to spend the settlement money on getting your car repaired, or they may send the money to the repair shop directly.

The Colorado car accident lawyers at Earl & Earl, PLLC, have handled thousands of auto accident claims. We know how important your settlement money is to you. Let us help you understand the factors that dictate how you can use it. Keep reading, or call our office today for a free consultation for personalized advice.

Who Owns the Car?

If you’ve leased your vehicle or are still making loan payments on it, your insurance company will most likely pay the repair shop directly instead of cutting you a check. This is because you don’t technically own the vehicle and the insurance company wants to protect the lender’s interests. If this is the case for you, you won’t have the option to keep the check for yourself.

If you own your vehicle outright, it’s a different story. In this situation, your insurance company will likely write you the check. Under the terms of your insurance policy, you may still be obligated to spend the money on repairing your vehicle. But if your insurance policy does not specify that you have to spend the money you receive on repairs, you can spend the money as you see fit.

Is the Car a Total Loss?

If your car is deemed a total loss (sometimes referred to as a vehicle being “totaled”), the insurance company will not pay the repair shop because they’ve ruled that the cost of restoring your vehicle to working condition isn’t worth it. When this happens, the insurance company will send a check directly to you.

However, you will most likely not be able to keep your damaged vehicle and pocket the money. Most insurance policies require you to turn over your vehicle to them as a condition of receiving a payout for a total loss.

What Does the Fine Print of Your Insurance Policy Say?

Determining how you can use money from your car accident settlement in Colorado will be outlined in your insurance policy. If you have any questions about your policy, don’t hesitate to talk to an insurance representative or your car accident lawyer.

Contact a Colorado Car Accident Attorney Today?

Still have questions about how you can use your insurance proceeds after a car accident? Contact Earl & Earl, PLLC for a free initial consultation. We’re here to help.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.

CAN SOCIAL MEDIA AFFECT YOUR PERSONAL INJURY CASE?

Social media is wildly popular worldwide. According to recent statistics from the Pew Research Center, 72 percent of the American public uses social media today, whether through Facebook, Twitter, Instagram, or some other platform.

After an accident, it can be tempting to share the news through social media. It’s a quick way to reach friends and family who would want to know you’ve been hurt. But if you’ve got a personal injury claim pending, beware — the insurance company or defense lawyers could dig up any posts to use against you in your personal injury case.

Don’t spend time wondering whether your social media posts are OK. Get answers from a Colorado Springs personal injury lawyer at Earl & Earl, PLLC. Call or contact us today for a free, no-obligation consultation.

Posting on Social Media After an Accident

A social media post may seem innocent, but you’d be surprised about the damage it can cause. Take the case of a discrimination lawsuit filed by a Florida schoolteacher several years ago. The case settled for $80,000, but ended up being thrown out after his daughter bragged about it on Facebook. That’s because he violated the terms of the settlement agreement not to disclose any information about the award.

Confidentiality is key in every part of the personal injury process. By posting on social media, you open the door for anyone to access your information. Insurance adjusters have been known to “friend” people on Facebook to mine for photos and statements that could be used to minimize or dismiss your personal injury claim altogether. Keep in mind that your posts are not the only potentially damaging information out there. If you’re tagged in photos at a party when you’re supposed to be on bed rest, the insurance company can use that information to show that you weren’t following doctor’s orders. Your personal injury award could be reduced or even worse, dismissed altogether.

What You Should Never Post on Social Media

Prevent inconsistencies and innocent mistakes that could harm your personal injury claim by following these tips about what not to put on social media:

  • Photos of your injuries: Avoid posting pictures of your injuries or the accident scene. They could serve as powerful evidence in your case, and you don’t want the other side getting them. Tell your friends and family members to keep you out of their social media posts, too.

  • Updates on your case: As tempting as it is to “get the word out,” anything you say could be harmful to your lawsuit. Statements about your injuries could be misconstrued by the insurance company or, as in the case mentioned above, jeopardize your claim altogether.

  • Comments on media coverage: If your case is particularly high profile, it may end up in the news. Blasting media outlets for poor coverage or inaccurate information on your case may be a way to vent your anger, but leave it to your personal injury lawyer to determine whether a public statement is warranted. In most cases, it’s not — and certainly not on social media.

Hurt? Get Legal Help from a Colorado Springs Personal Injury Lawyer

At Earl & Earl, PLLC, we pride ourselves on providing top-quality legal services to everyone who needs us. Whether your case is big or small, you can count on us to provide you with the attention and respect you deserve.

It’s easy to find out whether you have a personal injury case. Just reach out to us by calling or filling out our online contact form for a free consultation.


Colorado Springs Personal Injury Attorney

At Earl & Earl, PLLC, we treat our clients like we would treat members of our family. This means going above and beyond what people typically think of when they consider legal representation. We don’t just push the paperwork through and cut a deal with the insurance company. We help you get the treatment you need. If you need help getting your vehicle fixed, we work with you. If you are struggling to pay bills while you miss work, we walk you through your options. Most importantly, we fight for every bit of compensation you need to get back on your feet. Because we would never settle for less for our own families, we will never settle for less for you.