Grand Junction Personal Injury Claims: Determining Viability and Negotiating a Settlement

June 17, 2021
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Sheri gill
Posted in Law
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When you file a personal injury lawsuit, you can expect to deal with a lot of obstacles and confusing legal jargon. But a skilled Grand Junction Auto Accident Lawyer can guide you through the filing process and seeing it through to trial if needed. A great attorney can handle all kinds of serious personal injury claims and is dedicated to helping you win your lawsuit if it has to go to trial. If you sustained injuries because of the negligence of another party, you must talk to your lawyer about the circumstances that surround your case, injury, and what constitutes a viable claim.

Determining the Viability of Your Claim

An accident can cause a trauma that can leave you wanting to return to normal life and being in the courtroom may not make you feel comfortable. But, your lawyer will help you determine the viability of your claim and how you move forward. They will establish the following aspects of your case:

Duty owed. To make the at-fault party liable, you need proof that they duty of care to you. Thus, if you were in a car accident, the other driver has duty to keep others safe by obeying traffic laws and maintaining a safe distance from your car. In slip and fall cases, the owner of the property should keep it safe for those who will visit it.
Breach of duty. This refers to the at-fault party’s failure to perform their duty of care.
Causation. This aspect of a personal injury claim refers to the need to show that your injury resulted from the breach of duty of the at-fault party. In a car accident, a drunk driver can cause an accident and may be liable for the injuries you sustained from it.
Damages. To collect damages in a personal injury case, you should prove that you suffered losses and expenses because of accident-related injuries. In Colorado, you can recover economic and non-economic damages as well as damages for physical impairments. These damages should be directly related to your accident and are calculated based on how your accident or injuries have affected your life.

Negotiating a Fair Settlement with the Insurance Claims Adjuster

Your personal injury attorney will work with you to determine the value of your claim. Then, they will communicate with the at-fault party’s insurance company to negotiate a fair settlement. If the company accepts your demand, it will pay you a sum of money in exchange for you dropping further legal actions you may take. Your attorney will make sure you will not get less than what you deserve.