Colorado Springs Car Accident Attorneys
McCormick & Murphy, P.C.
As the second largest city in Colorado, Colorado Springs has a large and dense population, which means busy roads and car accidents. Car accidents often cause serious injuries which can have a tremendous negative impact on the victim’s ability to support themselves and their families. Since your here, we assume that you or someone you love has been involved in an auto accident. Let us first say that we are truly sorry. We know all too well how tough this time can be.
It is important that you are prepared to take the proper steps to protect not only your short term health, but also your long term security. The Colorado Springs car accident attorneys at McCormick & Murphy are ready, willing, and able to fight on your side to achieve fair compensation for your injuries.
Important Car Accident Information
You’ve been involved in an auto accident: Now what?
- Seek immediate medical care for any and all injuries
- Refrain from speaking with the insurer of the other parties involved in the accident
- Gather any and all pertinent information regarding the accident and the scene of the accident
- Contact your Colorado Springs auto accident attorney to start working on your behalf
- After receiving guidance from your auto accident attorney, report the accident to your insurer
What kind of damages are recoverable in an auto accident claim?
- Loss of wages
- Expenses for assisted living (in the case of serious injuries)
- Cost of medical bills (in-patient and out-patient)
- Pain and suffering resulting from the auto accident
When an auto accident results in a fatality, surviving family members of the victim are able to file wrongful death claims to recover compensation for the monetary losses associated with the wrongful death.
What are punitive damages and when they can be claimed in an automobile accident case?
(1) (a) In all civil actions in which damages are assessed by a jury for a wrong done to the person or to personal or real property, and the injury complained of is attended by circumstances of fraud, malice, or willful and wanton conduct, the jury, in addition to the actual damages sustained by such party, may award him reasonable exemplary damages. The amount of such reasonable exemplary damages shall not exceed an amount which is equal to the amount of the actual damages awarded to the injured party.
(b) As used in this section, “willful and wanton conduct” means conduct purposefully committed which the actor must have realized as dangerous, done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the plaintiff.
The Colorado Court of Appeals has ruled that malice, as used in this section, may be found by the jury or the court from the reckless and wanton acts of the injuring party, such as discloses an utter disregard of consequences, aside from any intentional malice in its odious or malevolent sense. Cohen v. Fox, 26 Colo. App. 55, 141 P. 504 (1914).
The Colorado Supreme Court has ruled that “Wanton and reckless” disregard as used in this statute means conduct that creates a substantial risk of harm to another and is purposefully performed with an awareness of the risk in disregard of the consequences. Tri-Aspen Construction Co. v. Johnson, 714 P.2d 484 (Colo. 1986); Juarez v. United States, 798 F.2d 1341 (10th Cir. 1986); Miller v. Solaglas California, Inc., 870 P.2d 559 (Colo. App. 1993); Archer v. Farmer Bros. Co., 70 P.3d 495 (Colo. App. 2002).
In a lawsuit in Colorado Springs a trial judge allowed McCormick & Murphy to include a claim for punitive damages where a driver, who was facing a red traffic signal, attempted to make a right turn from the left lane of traffic, driving across three through lanes of traffic and a right turn lane, striking McCormick & Murphy’s client, who was in the process of making a left hand turn.
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Our Client’s Stories
Initially, the at fault vehicle denied responsibility, claiming there was a phantom vehicle that was responsible for cutting him off and causing the collision. Kim sustained low back and hip pain.
She noticed that her low back would “pop all the time.” Her doctors found that her sacroiliac joints were locking and malfunctioning. Surgery was performed to correct this.
Initial efforts to settle were unsuccessful, with the defendant offering just $10,000, followed by a statutory offer of $75,000.
Two weeks before the 10 day trial, the defendant agreed to pay $325,000 to settle the claims
Mike sustained chronic back pain from the collision for which he tried multiple treatments and remedies, without success. He tried to get his claim settled. The insurance company would not offer more than $7,500.
McCormick & Murphy filed a lawsuit on his behalf.
Initially, the defense lawyer apologized that the claim was undervalued and immediately offered double what the claims adjuster had offered. Depositions and discovery continued. It was learned that the driver had only a $50,000 liability insurance policy. Mike offered to settle for the policy limits.
The insurance company continued to dribble money at him starting at $19,000, then $21,000, and $26,000, and eventually $27,500.
The case proceeded to trial and jury verdict was entered in Mike’s favor. With interest, Mike was awarded $97,862.96.
Car Accident Client Review:
I was rear-ended in Colorado back in 2009. I hired McCormick and Murphy and they filed a lawsuit on my behalf. Eventually the insurance company settled my case for $65,000.00. I thought McCormick and Murphy did a great job for me, and I was very pleased with them.
Talk to McCormick & Murphy
The auto accident attorneys at McCormick & Murphy have a proven record of obtaining fair settlements for their clients in Colorado Springs. They have helped hundreds of auto accident victims obtain compensation to help them pay for medical bills, rehab treatment, lost income, as well as pain and suffering. If you have suffered injuries as the result of a traffic accident in Colorado Springs, we invite you to contact the auto accident attorneys at McCormick & Murphy. You will speak with an attorney, at no cost, who will listen to the specifics of your case and tell you whether you may be able to recovery damages for your injuries.