Personal Injury FAQs

The firm's Personal Injury and Wrongful Death practice is focused primarily on automobile accidents. The firm's trial lawyers have a extensive background in dealing with insurance companies and medical providers.  This experience and knowledge helps the firm settle cases for their actual value. The firm's shareholders are Certified Trial Advocates by National College of Advocacy. Because of the firm's extensive trial experience, our trial lawyers are able to settle most personal injury and wrongful death claims out-of-court.

Frequently Asked Questions about Colorado Personal Injury and
Wrongful Death Claims

• Two weeks after my accident the insurance carrier contacted me to take my statement and offered me a settlement. Should I settle my claim?
• I was seriously injured in an automobile accident last month. A friend told me I should see an attorney soon, but it may be months before I am healed. 
  What is the hurry to see an attorney? 
• I was in an accident two years ago. How long do I have to bring a lawsuit against the driver of the vehicle that hit me?
• I was seriously injured in an automobile accident. The at-fault driver had no insurance. Should I still bring a law suit against this at-fault, uninsured driver?
• I was injured two months ago in a car accident. I was treated at the emergency room and I have been seeing my doctor. My neck and back still hurt, but my doctor said they should improve with time. The insurance adjuster for the at-fault driver telephoned me. He agreed to pay for the damage to my car and offered $5,000 to settle my case. Should I take this offer?
• I was injured when another vehicle ran a red light and hit my car. How do I get my medical bills paid?

Q: Two weeks after my accident the insurance carrier contacted me to take my statement and offered me a settlement. Should I settle my claim?

A: If you were injured in an auto accident and are receiving medical treatment, an insurance carrier or an at-fault party is not allowed to attempt to negotiate a settlement within 30 days after the accident which caused your injury. The insurance carrier may not obtain a general release of liability from an injured person within 30 days of the accident causing the injury. A general release of liability will waive all future claims for damages and injuries against the at-fault party. It is very important that the entire release be examined prior to signing and accepting a settlement. If a general release has been signed in these circumstances, it may be possible to void the release.

Also, an insurance carrier is not allowed to obtain a statement for use in negotiating a settlement within 15 days after the occurrence which caused the injury.

Frequently the extent of an injury will not be known within 30 days after the accident. Thus, it is often wise to wait until the full extent of the injury is known before any negotiation or settlement takes place.

If you would like to discuss your accident case with one of our experienced lawyers, please telephone. There are no attorney fees under a percentage fee agreement unless we assist you in recovering monetary benefits.

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Q: I was seriously injured in an automobile accident last month. A friend told me I should see an attorney soon, but it may be months before I am healed. What is the hurry to see an attorney?

A: It is important that police officers and other witnesses be interviewed as soon after the accident as possible. It is also important that you recount the events of the accident while they are still clear in your memory. While police officers make notes and write reports, other witnesses do not. It is important to obtain their information while the facts are still fresh in their minds. With the passage of time, witnesses forget, or move, and even die. A once helpful witness may only be able to say "I don't remember" if they are not questioned soon after the accident.

Evidence may be lost with the passage of time. Information from a seat belt sensor or air bag sensor that did not work properly may be lost if the car's battery dies or is removed. Proof of physical damage contributing to your injuries may be lost if the car is repaired or destroyed. It is important to gather information about your case while the evidence still exists.

If you have been seriously injured in an automobile accident, even if the at-fault driver was uninsured, you should contact an attorney. With our experienced attorneys, there are no attorney fees unless we assist you in obtaining monetary benefits.

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Q: I was in an accident two years ago. How long do I have to bring a lawsuit against the driver of the vehicle that hit me?

If any governmental entity is involved, such as the city, county or state, you only have 180 days from the date of the incident to put that entity on notice of your claim. For instance, such notice should be given if a red light malfunctioned or if a governmental vehicle was involved in your accident. This governmental notice will require a document to be filed. In order to file this document properly, it is advisable to contact an attorney because of the specific requirements in giving such governmental notice.

If an injured person does not bring a lawsuit within the statutory period or file the required notice, the injured person will be forever prevented from bringing a civil action no matter how severe their injuries.

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Q: I was seriously injured in an automobile accident. The at-fault driver had no insurance. Should I still bring a law suit against this at-fault, uninsured driver?

A: Perhaps. An at-fault driver who is uninsured may be subject to suit just as an insured driver. The difference is that there is no insurance company to pay any judgment that you might obtain through trial. After obtaining the judgment, you would have to execute, or collect, your judgment from the at-fault driver personally. Generally, additional court action is necessary to execute a judgment and such executions are often unsuccessful, unless the at-fault driver has substantial personal assets.

Despite mandatory insurance laws a surprisingly high percentage of drivers are uninsured. You should protect yourself from having to pursue an uninsured driver and obtaining an uncollectible judgment by purchasing uninsured/under insured (UM/UIM) motorist coverage under your own insurance policy. This is a fairly inexpensive coverage that provides valuable protection. For example, in the above scenario you could obtain payment from your own UM/UIM coverage provider instead of pursuing the uninsured, at-fault driver.

If you have been seriously injured in an automobile accident, even if the at-fault driver was uninsured, please telephone and speak with one of our experienced attorneys. There are no attorney fees unless we assist you in obtaining monetary benefits.

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Q. I was injured two months ago in a car accident. I was treated at the emergency room and I have been seeing my doctor. My neck and back still hurt, but my doctor said they should improve with time. The insurance adjuster for the at-fault driver telephoned me. He agreed to pay for the damage to my car and offered $5,000 to settle my case. Should I take this offer?

A: It may be too soon to settle your claim. Once you agree to a settlement, you can not later obtain additional benefits because you did not know how seriously you were hurt.

Your doctor said your back and neck should improve with time. Your doctor did not say you would improve with time. Until you have had x-rays or an MRI on your back and neck you may not be able to properly evaluate your claim. If you have a serious back injury you will need to see an orthopaedic specialist.

With time, your situation may actually get worse instead of better. Although your own insurance will pay your accident related medical and rehabilitation expenses up to certain limits, medical costs could actually end up being more than your PIP coverage or continue for years after your PIP coverage ends. If you have physical permanent impairment it will probably reduce your earnings ability for the rest of your life.

You should probably seek the advice of an attorney when settling a serious injury claim with an insurance company. Our office allows you to choose a contingency fee in personal injury cases, therefore, there are no attorney fees unless we obtain benefits for you.

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Q: I was injured when another vehicle ran a red light and hit my car. How do I get my medical bills paid?

A: If you paid an additional premium for "Medical Payment Coverage" (med pay coverage), your own auto insurer will pay up to the limits of coverage you purchased for collision related medical expenses.

However, many people chose not to purchase med pay coverage when their insurance was extended. Often they were unaware that at the recommendation of Governor Owens, Colorado's no-fault insurance law was not renewed in July 2003. This eliminated the personal injury protection benefits previously provided by their insurance carrier. If you do not have med pay coverage, you will need to seek payment for your medical expenses from the insurance company that insured the person who caused your auto collision. However, the at-fault party's insurer will not pay medical bills until your case has been resolved completely. This may take a year or more.

If you have health insurance, your health insurer should pay the collision related medical expenses. Your health insurance carrier would then be entitled to be reimbursed from any settlement you obtain from the insurer of the at-fault party.

People without health insurance may not be able to receive proper medical treatment due to the inability to pay hospital/doctor bills.

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