Understanding What Can Affect the Value of Your Colorado Personal Injury Claim
After a car accident, many people assume that once the insurance company accepts liability, they will receive a fair settlement. Unfortunately, that is not always the case. Insurance companies evaluate many different factors when determining the value of a personal injury claim, and they often look for reasons to reduce the amount they pay.
Understanding what can decrease the value of your claim can help you avoid common mistakes and protect your right to full and fair compensation.
At Clawson & Clawson, LLP, Michael Clawson, a Colorado personal injury attorney with more than 30 years of experience, has helped injured clients throughout Colorado Springs, Woodland Park, Falcon, Monument, Fountain, Black Forest, Peyton, Pueblo, Pueblo West, Cañon City, Castle Rock, Denver, and communities across Colorado's Front Range recover compensation after serious automobile accidents. We understand how insurance companies evaluate claims and the strategies they use to minimize settlements.
Delaying Medical Treatment
One of the biggest factors that can reduce the value of a personal injury claim is waiting too long to seek medical treatment.
Insurance companies often argue that if you were truly injured, you would have gone to the doctor immediately. A delay in treatment may allow the insurance company to question whether your injuries were caused by the accident or by something else.
Even if your symptoms seem minor, it is always a good idea to be evaluated by a medical professional as soon as possible after an accident.
Gaps in Medical Treatment
Seeking treatment after an accident is important, but continuing your treatment is equally important.
If you stop attending physical therapy, cancel doctor's appointments, or fail to follow your physician's recommendations without a valid reason, the insurance company may argue that your injuries healed or were never serious.
Consistent medical treatment helps document both the extent of your injuries and the progress of your recovery.
Not Following Your Doctor's Recommendations
Your treating physician understands your injuries better than anyone.
If your doctor recommends additional testing, physical therapy, specialist referrals, injections, or other treatment, failing to follow those recommendations may hurt your case.
Insurance companies frequently argue that if an injured person refuses recommended treatment, their injuries cannot be as significant as they claim.
Pre-Existing Medical Conditions
Having a previous injury or medical condition does not prevent you from recovering compensation.
However, insurance companies often attempt to blame your pain on pre-existing conditions rather than the accident.
Colorado law allows accident victims to recover compensation when an accident aggravates or worsens an existing condition. An experienced attorney can work with your healthcare providers to demonstrate how the collision affected your health.
Posting on Social Media
Many people do not realize that insurance companies often review public social media accounts.
A photograph, video, or comment taken out of context may be used to argue that your injuries are less serious than you claim.
Until your case is resolved, it is generally best to avoid discussing your accident or posting photographs and videos that could be misunderstood.
Giving a Recorded Statement Too Soon
Shortly after an accident, the insurance company may ask you to provide a recorded statement.
While you are generally required to cooperate with your own insurance company under your policy, you are not usually required to provide a recorded statement to the other driver's insurance company immediately after the accident.
Before speaking with an insurance adjuster, it is often wise to understand your legal rights and, when appropriate, speak with an experienced personal injury attorney.
Waiting Too Long to Contact an Attorney
Important evidence can disappear quickly after an accident.
Witnesses become difficult to locate, surveillance footage may be erased, and physical evidence at the scene may no longer exist.
The sooner an attorney becomes involved, the sooner important evidence can be preserved and your claim can begin to be properly documented.
Not Fully Understanding the Value of Your Claim
Many people focus only on their current medical bills.
However, a personal injury claim may include compensation for:
• Future medical treatment
• Lost wages
• Loss of future earning capacity
• Pain and suffering
• Emotional distress
• Permanent impairment
• Loss of enjoyment of life
Accepting a settlement before fully understanding the extent of your injuries may result in receiving significantly less compensation than your case is worth.
Comparative Negligence
Colorado follows a modified comparative negligence law.
If the insurance company successfully argues that you were partially responsible for causing the accident, your compensation may be reduced by your percentage of fault.
For example, if your damages are valued at $100,000 and you are found to be 20 percent responsible, your recovery may be reduced to $80,000.
Because fault can have a significant impact on the value of a claim, it is important to present all available evidence supporting your version of events.
Low Property Damage Does Not Mean Low Injuries
Insurance companies sometimes argue that minimal vehicle damage means the occupants could not have suffered significant injuries.
That is simply not always true.
Modern vehicles are designed to absorb crash forces differently than older vehicles, and many serious neck, back, and brain injuries occur in accidents involving relatively minor property damage.
Medical evidence—not photographs of the vehicles—should determine the seriousness of an injury.
Serving Injury Victims Throughout Colorado
At Clawson & Clawson, LLP, we proudly represent injury victims throughout:
• Colorado Springs
• Woodland Park
• Falcon
• Monument
• Fountain
• Black Forest
• Peyton
• Pueblo
• Pueblo West
• Cañon City
• Castle Rock
• Parker
• Denver
• Security-Widefield
• El Paso County
• Teller County
• Pueblo County
• Douglas County
• Communities throughout Colorado's Front Range
Whether your accident occurred on Interstate 25, Highway 24, Highway 50, Powers Boulevard, Academy Boulevard, or on a neighborhood street, our team is committed to helping injured Coloradans protect their rights and pursue the compensation they deserve.
Speak With Colorado Personal Injury Attorney Michael Clawson
Every personal injury case is unique, and the value of your claim depends on many different factors. While insurance companies often look for reasons to reduce settlements, an experienced attorney can help ensure that your injuries, medical treatment, lost income, and future damages are fully documented and fairly presented.
At Clawson & Clawson, LLP, Michael Clawson has spent more than three decades representing injury victims throughout Colorado. We understand how insurance companies evaluate claims, and we work diligently to maximize the compensation our clients recover.
If you have been injured in a car accident, truck accident, motorcycle accident, or another incident caused by someone else's negligence, we are here to help. We proudly serve clients throughout Colorado Springs, Woodland Park, Falcon, Monument, Fountain, Pueblo, Pueblo West, Denver, and communities across Colorado's Front Range.
Contact Clawson & Clawson, LLP today for a free consultation. We will answer your questions, explain your legal rights, and help you pursue the full and fair compensation you deserve.