FAQs

• How much does a personal injury attorney cost?

  Most Colorado personal injury attorneys, including us, work on a contingency basis. This means that if we don’t recover money for you, you owe us nothing. 

  Initial consultations are always free, so you have nothing to lose by talking with us about your situation. Speak with a personal injury attorney in Colorado today at (303) 991-2233 or use our online contact form.

• What is a personal injury lawsuit?

  Personal injury lawsuits in Colorado are legal disputes that can arise when someone suffers harm from an accident or injury, and someone else may be legally responsible for that harm. In legal terms, a personal injury means someone suffered damages to the body, mind, or emotions.

• Who am I actually suing in a personal injury lawsuit?

  When you file a personal injury claim in Colorado, you’re making a claim to the defendant's insurance company and not the defendant themself. Meaning the money that you’re asking for would be paid by the defendant’s insurance company and not the actual person or company who caused you harm. 

  Dealing with insurance companies is a complicated and time-consuming process. From a legal standpoint, working with a personal injury attorney in Colorado brings a lot of clarity to the situation and can help you recover the maximum amount of damages. 

• Do I need a personal injury attorney?

  If you were injured and wanted to represent yourself in a Colorado personal injury claim, you have that right. Dealing with the defendant’s insurance company is a complicated and time-consuming process. Having a Colorado personal injury attorney on your side is almost always the right choice. Insurance companies have teams of lawyers at their disposal with one goal in mind: paying you as little as possible. 

  A reputable Colorado personal injury attorney understands how insurance companies operate and their tactics and can help determine the full amount of damages that you’re entitled to (more below).

  Speak with a personal injury lawyer in Colorado today at (303) 991-2233 or use our online contact form.

• What can a personal injury lawyer do for me?

  1. Talk with you about what happened, what your options are, and help determine if you have a valid claim.

  2. If a valid claim exists, a Colorado personal injury attorney can open a thorough investigation as to the basis of your claim by gathering and reviewing evidence. If necessary, expert witnesses can be hired to support your claim.

  3. Determine who is at fault, to what degree, and why.

  4. Defend you against claims of shared fault (legally speaking, comparative negligence-more below).

  5. Determine the full extent of damages that you have suffered (more below).

  6. Issue a demand letter outlining what happened, who’s at fault, and who owes what (what you’re asking for).

  7. Review any settlement offers and discuss them with you.

  8. Negotiate with insurance companies about any settlement offers they might make.

  9. Represent you in trial, if it comes to that (more below).

• What are the different types of damages in a personal injury claim?

  Compensatory damages are money awarded to a plaintiff (the injured person) to compensate them for damages, injury, or other incurred losses. Compensatory damages are awarded in civil court cases (like a Colorado personal injury claim) where loss has occurred as a result of the negligence or unlawful conduct of another party. Compensatory damages include economic, non-economic, and impairment damages.

  Punitive damages, or exemplary damages, are damages assessed in order to punish the defendant for willful and wanton conduct and/or to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. Although not extremely common in Colorado personal injury lawsuits, if the defendant’s actions are egregious, punitive damages can be sought.

• What types of damages can be awarded in a personal injury lawsuit?

  In Colorado personal injury cases, monetary damages are paid to the person injured (the plaintiff) by the defendant’s insurance company. These damages are calculated on what the injuries ‘cost’ from a physical, mental, and/or emotional standpoint. Typically, damages fall under three categories (with one exception): Economic Damages, Non-Economic, and Impairment Damage. Some common areas in which damages can be determined include:

  Economic Damages

  • Medical treatment - this can be either treatment that has already occurred and/or to cover future treatment and expenses

  • Income - if your injuries caused you to miss work, this money can likely be recovered. Additionally, if an accident prevented you from making additional money in the future, that can also be considered. Legally speaking, this is usually deemed a loss of earnings or earning capacity.

  • Property loss or damage - vehicles, bicycles, cell phones, computers, and even clothes can be considered.

  Non-Economic Damages

  • Emotional distress - typically a factor in very serious or catastrophic personal injury claims, monetary damages can include the emotional and physiologic impact of injuries, for example, sleep loss, fear, anxiety, stress, etc.

  • Loss of consortium - in personal injury cases, these damages typically stem from how injuries affect a relationship between, for example, a husband and wife. Examples include the loss of companionship and being unable to maintain a sexual relationship.

  • Loss of enjoyment of life- if areas such as your hobbies, interests, or recreational activities have been affected/limited by your injuries, you may be entitled to monetary compensation in the form of loss of enjoyment of life damages.

  • Pain and suffering - if you suffered pain and/or serious discomfort as a result of your injuries, you may be able to recover pain and suffering damages. These can also cover future pain and suffering.

  Physical Impairments

  Within the state of Colorado, physical impairments and physical disfigurement are categorized separately from economic and non-economic damages. This includes damage for scarring in addition to other physical impairments, such as cosmetic disfigurement, disruption of bodily function and/or internal organs’ natural process, neurological damage, and other impairments. Based upon your level of impairment or disfigurement, you may be entitled to recover these impairment damages.

• How do I know if I have a valid claim after an injury that wasn’t my fault?

  There are a number of different situations that can be grounds for a personal injury claim in Colorado: car accidents, construction site accidents, bicycle accidents, and slip-and-fall injuries, to name a few. A Colorado personal injury attorney can provide more information. Typically, a valid claim exists if the following criteria are met:

  • Someone owed you a duty of care (examples include another driver on the road, your employer, or a store owner).

  • The at-fault party did not exercise reasonable care. An example would be another driver causing an accident because they were speeding or driving under the influence (DUI).

  • This negligence (not exercising reasonable care) directly resulted in you being injured.

  If you have questions about this topic or others, it's always free to talk with us. Initial consultations are always free, so you have nothing to lose by talking with us about your situation.

  Speak with a personal injury lawyer in Colorado today at (303) 991-2233 or use our online contact form.

• Who can file a personal injury claim?

  Anyone. If you or someone you know was injured as a result of someone else's negligent actions (see above), a personal injury claim can be filed. Remember, when you file a personal injury claim in Colorado, you're seeking to recover money from the other person's insurance company and not the other person themself.

• How long do I have to file a personal injury claim after an injury?

  Each state sets its own rules, called the statute of limitations. In Colorado, you usually have two years from the date of your injury to file a personal injury claim. In some cases, this could be two years from the date you actually discovered your injuries, which may be different from the date of the event or, legally speaking, the date of loss. When it comes to car accidents in Colorado, you have three years to file a personal injury claim. 

  No matter what the statute of limitations in your case is, you should speak with a Colorado personal injury attorney as soon as possible, even if you’re not sure how you might proceed. Personal injury attorneys can do a better job building up your case the earlier they’re involved.

• Does my personal injury case have to go to trial?

  In truth, most personal injury claims in Colorado do not go to trial but settle outside of court. Although, it may take some time to get an appropriate pre-trial offer for your case. Part of a Colorado personal injury attorney's job is to negotiate with the defendant’s insurance company as it’s usually in their best interest to settle before trial - more so if your case is especially strong. You have the final say on what offers you will or will not accept and if you don’t accept any, your case may need to go to trial. 

  It is EXTREMELY important to work with a personal injury lawyer in Colorado that has a reputation for taking cases to trial, even if you decide you don't want to. 

  If the defendant’s insurance company knows your attorney usually settles without putting up much of a fight, they will absolutely try to take advantage of you. Here, a strong offense is usually the best defense. For the defendant’s insurance company, a strong defense is usually the best offense.  

• When would a personal injury case likely go to trial?

  When liability is contested - if parties cannot agree on how an accident happened or who is at fault, they may not produce any settlement offers.

  If parties cannot agree on the type and/or severity of your damages

  When the settlement offers are too low - the defendant’s insurance company will almost always offer numerous ‘low-ball’ offers, hoping that you’ll accept less money than you’re asking for. It’s their job to pay you as little as possible, and oftentimes they succeed. It’s your Colorado personal injury attorney's job to recover as much as legally possible for you. 

• How long will this process take?

  There isn’t one answer and ultimately, this is up you. Insurance companies almost always offer an initial ‘low-ball’ dollar amount to settle quickly. Many times, this amount isn’t even close to what is actually recoverable or what you deserve. If you suffered serious injuries it may be impossible to tell soon after an injury what future care and medical bills will look like.

  As your Colorado personal injury lawyer builds up the case to request the full amount of recoverable damages, the defendant's insurance company will likely draw out negotiations with the hope that you will accept a low offer, because you’re tired of waiting. Frankly, this process can be tedious and patience is key. The defendant wants you to settle for less than you deserve - that’s their job. A reputable Colorado personal injury attorney’s job is to recover as much as legally possible, and sometimes, that takes time.

  Remember, you are always in control of this process and if you decide to accept an offer at any time, you have that right.