What to Expect
Seek Medical Attention
Consult an Attorney
Investigate the Claim
File a Claim
Negotiation
File a Lawsuit (if necessary)
Pre-Trial Motions and Settlement Talks
Trial
Post-Trial
Finalizing the Case
Frequently Asked Questions
How long do I have to file a personal injury claim?
In Colorado, the statute of limitations for filing a personal injury claim is generally two years from the date of the injury. This means you typically have two years to file a lawsuit after the incident that caused your injury.
However, there are some exceptions and nuances to this rule. For example:
- Discovery Rule: If the injury was not immediately apparent, the two-year period might start from the date you discover, or should have discovered, the injury.
- Minors: If the injured person is a minor, the statute of limitations may be extended until they turn 18, plus an additional two years.
It’s always a good idea to consult with a personal injury attorney to ensure you understand all the deadlines and legal nuances relevant to your specific case.
How much is my case worth?
Determining the value of a personal injury case can be complex and depends on various factors. Here are some key elements that typically influence the value of a personal injury claim:
- Medical Expenses: The cost of medical treatment, both past and future, is a major factor. This includes hospital bills, medication, physical therapy, and any ongoing care needed.
- Lost Wages: Compensation for income lost due to the inability to work as a result of the injury. This can include not only past wages but also future earning potential if the injury affects your ability to work long-term.
- Pain and Suffering: This refers to the physical pain and emotional distress caused by the injury. It can be more subjective and harder to quantify but is an important part of many claims.
- Property Damage: If any personal property was damaged or destroyed in the incident, its repair or replacement costs are factored in.
- Permanent Disability or Disfigurement: If the injury results in long-term disability or significant disfigurement, this can increase the value of the claim.
- Liability and Fault: The degree to which the other party is at fault will affect the value. Comparative negligence, where fault is shared between parties, can impact the amount you might recover.
- Insurance Limits: The limits of the insurance coverage available from the at-fault party or your own policy can cap the maximum amount you can recover.
- Legal Representation and Negotiation: The experience and skill of your attorney can also affect the outcome of your case. Skilled negotiators can help maximize your settlement or award.
To get a more accurate estimate, it’s best to consult with a personal injury attorney. They can evaluate the specifics of your case, including medical records, accident reports, and other relevant information, to provide a more tailored assessment of its value.
How much does a personal injury attorney charge?
We handle all personal injury cases on a contingency fee basis, which means we only get paid if you get paid. We will never ask you for a retainer and you never have to worry about us sending you a bill for our time. You can rest assured knowing that we will do everything to obtain fair compensation since we only get paid when you do.
Should I talk to the insurance company?
When dealing with a personal injury case, interacting with the insurance company can be tricky. Here’s a general guide on how to approach this:
- Consult an Attorney First: Before speaking to the insurance company, it’s wise to consult with a personal injury attorney. They can provide guidance on what information you should or should not disclose and how to handle the process to protect your interests.
- Avoid Giving Statements Without Legal Advice: Insurance companies often seek to minimize their payout, and they might use your statements against you. It’s best to have an attorney review any communications before you respond.
- Limit Initial Contact: If you do speak to the insurance company, be cautious. Provide basic information but avoid discussing details of the accident, your injuries, or settlement expectations. Anything you say can be used to challenge your claim later.
- Written Communications: Whenever possible, communicate in writing rather than over the phone. This creates a record of what was discussed and helps avoid misunderstandings.
- Don’t Accept an Early Settlement Offer: Insurance companies might offer a quick settlement that seems fair but often doesn’t cover all your expenses or future needs. Consult with your attorney to evaluate any offer and determine if it’s adequate.
- Document Everything: Keep records of all communications with the insurance company, including emails, letters, and notes from phone conversations.
Your attorney can handle most of the communication with the insurance company on your behalf, ensuring that your rights are protected and that you don’t inadvertently undermine your case.