man feeling neck pain after car accident

Seeking Restitution After a Car Accident in Colorado

We’ve written about restitution and how it affects civil cases in the past, but a lot has changed in the past few years, and it could substantially impact your chance receiving what you are owed after a traffic accident.

When a driver in Colorado hits you or your car and police respond, they will be issued a summons (as opposed to a ticket) if they are at fault for the accident. As long as the driver is charged with a crime, as opposed to an infraction, the courts will address restitution. This is the reason drivers are almost universally charged with Careless driving after even a minor accident, they may plead down to a lane change or speeding violation, but the court can award restitution based on that original charge at sentencing. The driver goes to court, the prosecution reaches out to you, the victim, they find out medical bills and property damage, and can petition the court to award restitution in that amount. This was a simple process up until November of 2021.

It is important to note that they can’t get any kind of compensation for your injury. They may be able to get reimbursement for a medical bill or emergency transport, but that is only for the treatment, not the injury. If you are injured in a car accident it is crucial to speak to a qualified personal injury attorney who will fight for your rights.

If you only suffer property damage, restitution is an option, but could be a complicated process. The Supreme Court of Colorado described the longstanding process as:

On the day of the sentencing hearing, the prosecution informs the court that it has not yet filed a motion for restitution and that it would like to reserve the issue for ninety-one days. Without objection from the defense, the court grants the request and reserves restitution for ninety-one days. The court then provides that, if the prosecution files a timely motion for restitution, the defense may file an objection and ask for an evidentiary hearing. After the sentencing hearing, the mittimus simply reflects that restitution has been reserved for ninety-one days. People v. Weeks, 498 P.3d 142, 147 (Colo. 2021).

On November 8, 2021, the above case was decided by the Colorado Supreme Court, they outlined how this process works, what courts do, and then went on to say that process doesn’t comply with the statute, and everything is being handled wrong. This is a massive problem for people that are hit in an accident, especially when the other driver doesn’t have insurance. Overnight courts were forced to determine restitution or grant restitution in an indeterminant amount at the time of sentencing, something they have never had to remember to do, and which prosecutors have never had to remind them of. If you do not have an attorney, you must be proactive in contacting the prosecutor on your case. You can find that contact information here.

If you have been injured in the accident, our dedicated legal team can help with restitution, as well as an injury settlement for the harm done to you, contact the experienced car accident injury lawyers at Bell & Pollock, P.C today for a free consultation.

Contact Us

Call a trusted attorney at Bell & Pollock, P.C. at (303) 795-5900 to get on the road to recovery now. You can also email our firm via the contact firm on this page.

As proud champions of the people, our lawyers are ready to answer your questions, explain the law and your rights, and help you take whatever steps necessary to recover the compensation you’re entitled to. With us in your corner, you can be confident that you have the legal support and representation necessary to successfully resolve your claim.

Don’t delay your recovery for a second longer – and don’t be misguided into thinking that you have to go through the process alone. Our attorneys are here, ready to help – and you won’t have to pay us anything until (or unless) there is a recovery in your case.

Free Legal E-Books

Click on any one of the e-books to access your free copy!

Case Results

WE KNOW HOW TO WIN

CASE: Client was injured by a drunk driver. As a result of the motor vehicle accident, client was rendered a quadriplegic and needed a life care plan.
Outcome: $9,600,000

CASE: Against Insurance company for failure to pay for property damage after a gas and fire explosion.
Outcome: $1,600,000

CASE: Medical malpractice for failure to diagnose a descending aorta aneurism, resulting in death.
Outcome: $1,300,000

CASE: Neck and back injuries from car accident. Client had ongoing symptoms and needed injections for attempted remediation of pain.
Settled for $485,000

CASE: Client was injured in a 2 vehicle collision. She suffered a traumatic brain injury, concussion and multiple injuries to the neck.
Outcome: $6,000,000

CASE: Client was in her car and was T-Boned by a commercial vehicle. Her cerebral spinal fluid leaked and she suffered a concussion and traumatic brain injury with neck and lumbar (low back) injuries. Her neck injury caused radiating pain, numbness and tingling in her arms.
Outcome: $3,400,000

CASE: Client was driving on a rural road when another car crossed the center line and caused a head-on collision in the snow and ice. Client did physical work for a living. Both knees were injured, along with a neck injury.
Outcome: $2,300,000

CASE: Client was driving on South Parker road when another vehicle rapidly changed lanes and rear-ended the client. That vehicle was cited for careless driving. The collision caused a concussion with traumatic brain Injury. Client missed time from work and had a positive correlation between brain scan and neuropsychological test results.
Outcome: $950,000

CASE: Client was rear ended by a dump truck, was then knocked forward and hit another vehicle. Client had a concussion with traumatic brain injury. Client underwent a brain scan which showed hypoperfusion, correlated with her concussion symptoms. Client suffered neck injuries and injuries to her low back.
Outcome: $650,000

CASE: Client was rear-ended. The mechanism of injury from the forces in the collision caused her neck injury and at the same time, damaged her organs inside her throat. Client had swallowing and choking issues.
Outcome: $1,250,000

CASE: Client was in a motor vehicle accident. Both injections in the neck rendered some temporary relief. The Injections were transforaminal epidural steroid injections. Surgery was recommended on the lumbar (low back). The low back was injured by the forces in the collisions.
Outcome: $933,000

CASE: The client was driving in her car and was rear-ended thereby causing injuries to her lower back and neck. Client also suffered a concussion. Client had to undergo facet injections multiple times, through multiple procedures. Client also had cognitive issues which required cognitive training and therapy.
Outcome: $400,000

CASE: Client was entering a highway from an on ramp and was rear-ended by a commercial van. Client tested positive for Thoracic Outlet Syndrome and failed conservative treatment. Client underwent thoracic outlet syndrome surgey, which involved removal of the first rib to attempt to relieve pressure in the thoracic outlet. Client also suffered a back injury.
Outcome: $750,000

CASE: Client was injured by a drunk driver, who crossed the center line of the road. Client underwent multiple surgeries and could not work. Client was late 40s and needed a modified life care plan.
Outcome: $750,000

CASE: Client was rear ended by a tow truck driver who was a diabetic. The diabetic at fault party was a non-compliant diabetic and claimed he had a syncope episode, and was “blacked out”. Client had a preexisting back condition known and the forces from the collision aggravated, or made worse, the preexisting back condition in addition to, causing neck injuries.
Outcome: $350,000

CASE: Client was a passenger in a car where the driver fell asleep on a country road in the early morning hours. The car rolled multiple times. Client had eye injuries, facial injuries and neck and knee injuries.
Outcome: $850,000

CASE: Client was on the job, driving her own car, when she was rear-ended. She suffered a concussion with traumatic brain injury and pursued Workers Compensation Claim.
Outcome: $150,000

CASE: Client slipped and fell on snow and ice in Central City. He suffered back injuries, that did not require injections.
Outcome: $125,000

CASE: Client slipped and fell on snow and ice on a sidewalk in front of a business. She had to have knee surgery and multiple injections in her back.
Outcome: $175,000

CASE: Client was visiting a friend who was renting a house. Client tripped on untreated, dangerous section of deck and injured his back.
Outcome: $150,000

CASE:Client was rear ended and needed fusion spinal surgery. Insurance proceeds were limited.
Outcome: $125,000

CASE:Client was rear-ended and had to have rotator cuff surgery. Insurance proceeds were limited.
Settled for $65,000

CASE:Client was at Denver International Aiport traveling through Denver, slipped and fell and broke her ankle.
Settled for $118,750

CASE:Client was exposed to mold in a multi-family dwelling that was caused by leaking water.
Settled for $125,000

CASE:Motorcycle accident, reconstructive surgery, post-traumatic stress disorder, neurological injuries
Settled for $1,275,000

Testimonials

CLIENTS APPRECIATE US

I could not have made a better decision than to call Bell & Pollock with my case. Dana Miller and her team were the best.
Brian B.
THEY WERE VERY PROFESSIONAL, KEPT ME INFORMED AND DID WHAT I WOULD CALL A SPECTACULAR JOB- THEY SEEM TO PREACH "LEGAL GAME PLAN" AND EVEN WROTE A BOOK ABOUT IT- IT BASICALLY MEANS THEY HAVE STRATEGIES FOR YOU AND YOUR CASE AND I MEAN EVERYTHING WAS SOUND AND ANALYZED.
Jason H.
I appreciate brad and his team the bell and Pollock attorneys are by far the best ones i have ever worked with.
Aliviya D.
Brad Pollock is educated, experienced, and is the world's greatest attorney. Marlena Elsloo helps him focus in on the most important issues.
Kathy T.
He is very professional and we would recommend Mr. Bell to anyone who is looking for an attorney.
Dianna C.
He was kind, compassionate and knowledgeable, but also tenacious when working with the insurance companies.
Michelle K.
I was blessed to be put in contact with Dana, who not only provided me free feedback and counsel when we spoke on the phone, but also took the time to call me back on multiple occasions to check on me.Dana Miller, you are a sweet, caring and amazing person and I appreciate all your help.
Grady C.