Car accidents are disturbingly common, but they can have a serious impact if your Denver business is implicated in the incident.
Victims often go for the “deep pockets” of organizations, especially when the amount of the claim is higher than your insurance coverage. You do have options to defend your interests, however. Our knowledgeable defense attorneys at the Thomas Law Firm can help identify appropriate routes to contest the claim and develop a strong defense strategy. An overview of your options may also be useful.
Fight the Victim’s Claims
You do not have to accept the injured victim’s allegations in a car accident case at face value. There are ways to attack weaknesses in his or her claims, which may completely defeat the case or at least reduce your liability. For instance, there may be evidence that the victim’s injuries are not as serious as he or she claims. With the help of a consulting medical expert to review records and/or conduct an independent physical exam, you can establish that the injuries are rather minor.
In addition, Colorado follows a law that can reduce compensation for a victim who was also at fault in a car accident. The rule of modified comparative negligence operates to decrease the recovery amount by the percentage of blame attributable to the claimant. Therefore, if the victim files a claim for $100,000 but is found to be 30 percent responsible for the car accident, he or she will only recover $70,000. Examples of comparative fault in a car accident case include:
- The victim was traveling 10 miles over the speed limit, but you ran a red light;
- The claimant failed to yield in a traffic maneuver, but you were legally intoxicated; or,
- A pedestrian darts into an intersection without warning, while you were making an improper lane change.
Note that, if a claimant is 50 percent or more at fault in the car accident that caused the person’s own injuries, comparative negligence is a bar to recovering any compensation.
Statute of Limitations in Colorado Car Accident Cases
Like all U.S. states, Colorado has a statute of limitations that applies in auto collision cases. The victim has three years to file a lawsuit in court, or the claim is forever barred. The clock starts ticking on the date of the accident, so you may have a defense if the statute of limitations expires before the victim sues.
Statutory Cap on Certain Damages
In Colorado, there is a statute that limits the amount plaintiffs can recover, even if they can establish all the necessary elements of a claim based upon negligence. The statutory cap only applies to non-economic damages, such as emotional distress, impaired quality of life, and pain and suffering. There is no limitation on the economic losses a victim can claim, including costs of medical treatment and lost wages.
As of the law’s effective date in 1986, the statutory cap was $250,000 – or $500,000 if the victim can present clear and convincing proof that the higher amount is just. However, the amount is adjusted for inflation, so the cap is significantly higher today.
Consult with a Skilled Denver Attorney About Car Accident Defense Strategies
If your Denver business was involved in an auto collision, please contact the Thomas Law Firm to discuss your circumstances. We can schedule a consultation to review your case and develop a legal defense plan.
Civil Practice Areas
When a victim is injured and claims that your organization is responsible, you want to do all you can to protect your investment. Fortunately, there are multiple defenses available under Colorado law, which may defeat the plaintiff’s claim or reduce the compensation he or she can recover.
Auto Accident Liability Defense Lawyers
Car accidents are disturbingly common, but they can have a serious impact if your Denver business is implicated in the incident. Victims often go for the “deep pockets” of organizations, especially when the amount of the claim is higher than your insurance coverage.
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Employment Lawyers
Whether you own a business in Colorado, California, or Alabama, there are state and federal regulations to which you must adhere. If you violate a law, are responsible for an injury, or violate a person’s rights, you may find yourself the victim of a lawsuit. To protect yourself in the event of a lawsuit, have a Denver business employment lawyer on retainer. Call the Thomas Law Firm to learn more about our practice and how we can help you.
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Non-compete Agreement Lawyers
A non-compete agreement is an agreement between an employer and an employee that the employee will not seek employment with a competing employer or start a competing business after employment ends. Non-compete agreements are designed to protect employers in the form of commitment from employees and to protect employers’ investment in employees.
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Premises Liability Defense Lawyers
As a Denver business owner, you have a duty to maintain your property in a safe condition and to remedy any hazards that may cause a risk of injury to people who enter.
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Workers Compensation Defense Lawyers
You work hard to keep your Denver business thriving and a key factor in your organization’s success is workplace safety. When accidents do happen, the associated workers’ compensation claims can take an unfortunate toll.
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Wage and Hour Business Lawyer
As a Denver business owner, there are several laws and regulations by which you must abide, otherwise you risk losing money and damaging your business’s reputation. Many of those laws have to do with wage and hour disputes. The best way you can avoid wage and hour disputes is by partnering with a Denver business attorney prior to hiring employees.
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Over 67 years of legal experience
When contacting our offices one of the first questions people will often ask our defense attorneys is “What is the chance of winning a case in Colorado?” Every case is unique and presents a different set of circumstances. For example, a case in Aurora would be defended differently from a case in Denver, or a case in Lakewood. However, the sooner you contact a lawyer, the greater your chances are of getting a favorable outcome. Our attorneys have the combined experience of handling thousands of cases throughout their careers.