In addition to economic and non-economic damages, an injured person is entitled to claim punitive damages against a drunk driver for their reckless conduct. Punitive damages are designed to punish the defendant and serve as a deterrent to drunk driving.
- Steve Wahlberg
Personal injury damages include the following: lost earnings, lost earning capacity in the future, past medical expenses, future medical expenses, along with non-economic damages for pain, suffering, emotional distress, impairment/disability and disfigurement/scarring. In the event that a health insurance company or governmental agency has paid an injured person’s medical expenses, they may claim reimbursement or subrogation from any award.
- Steve Wahlberg
The laws surrounding uninsured/underinsured motorist coverage can be tricky. Did you know that you may be entitled to damages even if you were hit by a driver that carries no or very little insurance? If you have purchased uninsured/underinsured coverage on your automobile policy you can seek damages from your own insurance company and they can’t raise you rates.
- Michael Nimmo
Anyone who is the victim of a crime – including car wrecks where the defendant was driving carelessly, running a stop sign or red light, etc. – is entitled to restitution in the criminal proceedings which can include financial losses, such as co-pays, out of pocket expenses, lost earnings, or medical expenses which are not recovered in the civil case pursuant to § 18-1.3-601-603, C.R.S.
- Steve Wahlberg
The law recognizes the unnecessary tragedy caused by drunk driving - and so do the insurance companies. When an accident involves drunk driving, it is usually considered an aggravating factor by juries, and therefore also by the insurance companies. An aggravating factor is an aspect of the case that increases the value of the claim in settlement negotiations or in court through a category of damages called punitive damages. Punitive damages are awarded against the negligent driver to punish him for his wrongdoing.
The high cost of gasoline has resulted in an increased use of motorcycles, bicycles, scooters and motorized bikes of all kinds. With more of these means of transportation on the road, there appears to be an increase in accidents between cars and trucks with these alternative means of transportation. It is important for all of us to increase our awareness and be alert to the presence of these types of vehicles on the roads so that these accidents can be avoided.
- Dan Sloane
My practice is representing people who have been injured by another person’s negligence. Sometimes this involves a car accident. Sometimes it involves medical malpractice. My clients didn’t cause their injury. My clients were not at fault. Yet I repeatedly hear expressions such as “I’m not a litigious person”, “I never thought I would do anything like this”, or some other expression bordering on guilt that they are even considering retaining a lawyer to assert a claim. I always ask them why they feel that way. I ask them who is going to stand up for them if they do not stand up for themselves. They always agree with me but usually can’t shake a feeling about how others are going to perceive them because they are, in fact, standing up to an insurance company.
Why do people feel this way? The insurance industry and the business community, with a great deal of money and propaganda, have created a picture in the media, in advertisements, and in other ways that we are a “sue happy” society. They have been very effective in doing this. They have distorted the truth about our judicial system and how it works. They have successfully portrayed insurance companies and big business as the victims rather than the real victims of other’s negligence. They have successfully portrayed anyone who stands up to them as greedy people who are looking for an easy buck. They have successfully portrayed legitimate claims as “frivolous”. My own profession has contributed to this by conduct by some which appears to be just what the insurance companies want the public to believe about lawyers. The media reports on cases that involve days and weeks of testimony and evidence and summarize the entire case in 2 paragraphs that can’t begin to tell the true whole story.
As a consequence of all this the general public looks with some disdain on lawsuits. In my experience this is true until it happens to them or a family member. Then the terrible consequences of being seriously injured or a loved one killed comes home. The cold indifference of an insurance company becomes apparent. The assumption that they will be treated fairly disappears. Reality sets in. They realize, if they don’t stand up for themselves or their family, nobody else is!
- Neil Hillyard
If you have the misfortune of being in a car wreck caused by someone else and you are injured, don’t think for a second that the insurance company for the other driver is going to be looking out for your best interests. Insurance companies are interested in only one thing – compensating you with the least amount possible! What should you do?
At the accident scene, get the other driver’s identification information and insurance information. If the police investigate, they will usually obtain this and provide it to you. Try and identify any witnesses to the accident and get their name, address, and phone number.
Within hours or days of the accident, the insurance company for the other driver will likely contact you and want to take your statement in writing or by recording. Don’t do it! Colorado law prohibits an insurance company from taking a statement for at least 15 days following an accident but insurance companies ignore this. Insurance companies want to get to you before you speak with a lawyer. They will discourage you from speaking with a lawyer because they do not want you to know your rights. They will provide you assurance that you will be treated fairly by them. Don’t believe it! They will take advantage of you in any way that they can.
Contact your own insurance company and report the accident. Your insurance company will want a statement from you. Your policy likely requires you to provide one. However, before you provide a statement to anyone, consult with a personal injury lawyer and learn your rights. Such consultation should not cost you anything and should provide you valuable information. You may decide to not retain a lawyer but at least consult. Often, following a car accident, an injury does not seem serious, particularly head or back injuries. With the passage of time a person experiences lingering or worsening problems. If you have agreed to a settlement with the other driver’s insurance company not anticipating this, you cannot come back and ask for more compensation.
Be smart – at least be informed about your rights!
Steve Wahlberg was the program chair of the ABOTA Masters in Trial Program which presented a car wreck case to a group of young lawyers. The program was considered an overall success, attended by 80 attorneys. Mr. Wahlberg and Ms. Kudla presented expert testimony from a treating neurologist regarding head injury issues during the seminar.
- Steve Wahlberg