How Do Car Accident Lawyers Work? What Happens at Each Stage of a Colorado Claim

Most car accident lawyers in Colorado work on a contingency fee basis. That means you pay nothing up front, and the lawyer is paid a percentage of whatever is recovered for you, as set out in a signed written agreement. In return, the car accident lawyer takes over the claim. That means investigating the crash, collecting your medical records and bills, dealing with the insurance adjuster, sending a demand, negotiating, and filing a lawsuit if the insurer will not pay fairly. You keep the final say on whether to settle.

If you are reading this after a car crash, you probably have a stack of mail, a sore neck or worse, and an adjuster who keeps calling. You may be wondering whether you need legal representation at all, or whether a lawyer would just take part of your money. We at Anderson Hemmat think the honest answer starts with knowing what the work is. So here is what car accident lawyers do, stage by stage, under Colorado law, and what stays in your hands.

How do car accident lawyers work, step by step?

Every case is different, but most car accident cases follow the same broad claims process. Knowing it helps you judge any car accident attorney or law firm you talk to, including ours.

1. The free consultation

Most personal injury lawyers start with a free consultation. You tell the lawyer what happened, what hurts, what treatment you have had, and what insurance is involved. The lawyer asks about fault, your injuries and the insurance coverage, and then tells you whether there is a legal claim worth pursuing. A good consultation should leave you clearer about your legal rights, even if you never hire anyone. An experienced car accident lawyer should be able to tell you plainly what they see, including the weak spots. If a car accident attorney will not do that, it tells you something.

2. The fee agreement

If you hire the lawyer, you sign a written agreement. With contingency fees, the lawyer is paid only out of a recovery. The law firm uses its own financial resources to cover the immediate costs of the case, such as records fees, filing fees and expert fees, until the case ends. Working on a contingency fee basis is what makes legal services possible for car accident victims who are out of work and facing medical bills. The agreement should spell out the percentage, how costs are handled, and what happens if the case goes to trial. We work on contingency for our car accident lawyers clients. Because contingency fees come out of the settlement, we have written separately about how the fee, costs and liens come out of a settlement, and we will not repeat the math here.

3. Investigation: gathering evidence on fault

Colorado is an at-fault state. The at fault driver and their insurer pay for the harm, so fault has to be proven. Sometimes there are other at fault parties too, such as the driver's employer or a vehicle owner. A car accident lawyer will gather evidence while it still exists:

• Police reports and any citations issued at the accident scene
• Witness statements, taken before memories fade
• Photos of the vehicles, the road and your injuries
• Surveillance footage from nearby businesses or traffic cameras, which is often recorded over quickly
• Vehicle data, phone records where distraction is suspected, and, in serious cases, accident reconstruction specialists who can explain speed, angles and timing

The earlier this happens, the better your chances of still having the evidence when it counts. Police reports matter, but they are not the last word on fault, and an officer's opinion can be challenged with better evidence. Fault matters even when you were partly to blame. Under Colorado's comparative negligence rule, C.R.S. 13-21-111, your recovery is reduced by your share of fault, and it is barred entirely if you are found 50 percent or more at fault. Our post on how comparative negligence changes what you can recover walks through that math.

4. Medical treatment and medical records

Car accident lawyers do not treat you, and they should never tell you what treatment you need. That is for medical professionals. What the lawyer does is make sure your car accident injuries are documented. That means collecting medical records, imaging, physical therapy notes and itemized medical bills. For serious injuries, it can also mean asking your doctors to explain how the crash caused your condition. The single most useful thing you can do is seek medical attention promptly and follow through with it. Gaps in treatment are the first thing an insurance adjuster points to.

While the claim is open, the lawyer also helps sort out who pays your medical expenses in the meantime. That can include your health insurance, and MedPay coverage on your own auto policy, which Colorado law requires insurers to offer.

5. Handling the insurance companies

Once you have a lawyer, insurance companies have to deal with the lawyer rather than calling you. The lawyer reports the claim, identifies every policy that might apply, and handles requests for recorded statements. That includes the at fault driver's liability coverage and your own uninsured or underinsured motorist coverage. Adjusters are trained to resolve insurance claims for as little as the file will support. That is not personal, it is their job. Insurance companies also tend to treat a well-documented auto accident claim differently from one with gaps. Legitimate claims still get discounted when the injured person does not know what to ask for, and that is the gap a car accident attorney is there to close.

6. The demand letter

When your treatment has stabilized and the full picture of your injuries is known, the lawyer sends a demand letter. It sets out the facts of the crash, the evidence on fault, your medical treatment, and the financial compensation you are asking for. Under Colorado personal injury law, your losses include economic damages, such as medical bills, lost wages and property damage. They also include non-economic damages, such as physical pain, emotional distress and loss of enjoyment of life, which Colorado caps by statute. The demand is where the lawyer presents evidence in an organized way that the insurance companies involved have to answer.

7. Settlement negotiations

The insurer responds, usually with a low offer, and settlement negotiations begin. The lawyer's job here is to explain why the offer is wrong, back that up with records and evidence, and give you an honest opinion on each offer. The decision to accept or reject belongs to you. Many car accident cases settle at this stage, because both sides have reasons to avoid the cost and uncertainty of a trial. Still, a claim only settles for fair compensation when the insurer believes the case is ready for court. No honest lawyer can promise maximum compensation. What a lawyer can do is make sure nothing you lost is left out of the claim.

8. Filing a lawsuit and the legal process after it

If the insurer will not make a fair settlement offer, pursuing legal action is the next step, and the lawyer files suit in a Colorado court. Deadlines control this. Most motor vehicle accident claims in Colorado must be filed within three years under C.R.S. 13-80-101, and some claims have shorter deadlines, as explained in our post on Colorado's statute of limitations for injury claims. After filing comes discovery. Each side exchanges documents, answers written questions and takes depositions, and the insurer's defense lawyers question you under oath. Many cases go to mediation, and some go to trial in front of a jury. Taking legal action is a bigger commitment of time, and the legal system moves slowly. A lawyer should explain all of that before you decide.

What a car accident lawyer ensures, and what it cannot

A good car accident lawyer ensures that the deadlines are met, the evidence is preserved, the insurance is identified, and every category of loss is put in front of the insurer. A lawyer cannot change the facts of the crash, create insurance coverage that does not exist, or guarantee a result. Car accident victims are best served by a lawyer who is clear about both lists from the first conversation.

What are the responsibilities of a personal injury lawyer?

Beyond the stages above, a Colorado personal injury attorney has duties set by the Colorado Rules of Professional Conduct. These include:

• Keeping you informed. Rule 1.4 requires a lawyer to keep the client reasonably informed and respond to reasonable requests for information.
• Letting you decide. Under Rule 1.2, whether to settle is the client's decision, not the lawyer's.
• Protecting your money. Under Rule 1.15A, settlement funds go into a trust account, not the firm's operating account, until they are properly paid out.
• Putting the fee in writing. A contingent fee has to be in a written agreement you sign.

Providing legal advice also means telling you things you may not want to hear. That might be that a claim is weak, that your own insurance is where the money is, or that an offer is reasonable. An experienced lawyer will offer legal advice on the decision in front of you, and a good personal injury attorney will tell you the reasoning behind it, not just the conclusion.

Who gets paid first in a personal injury settlement?

When a case settles, the insurer sends the check to the lawyer's trust account. From there, the attorney fee and case costs are paid as the fee agreement says. Liens and reimbursement claims are then resolved. These can come from health insurers, Medicare or Medicaid, or medical providers who treated you on a lien. Whatever remains is paid to you. Part of a lawyer's work is negotiating those liens down where the law and the facts allow, because every dollar saved there adds to your own financial recovery.

What is the 80/20 rule for lawyers?

The 80/20 rule is a general rule of thumb, borrowed from business, that most results come from a small share of the effort. It is not a law or a fee rule. In an auto accident claim, we think it is a useful way to look at things. A handful of things decide whether you can recover compensation and how much: clear evidence of fault, consistent medical treatment and records, and enough insurance coverage to pay. Personal injury lawyers who get those right early do more for a client than those who generate a lot of paper.

Can you lose a personal injury case?

Yes. Hiring a lawyer does not guarantee a recovery, and no honest lawyer will promise one. A case can be lost on fault, if the evidence points at you or your share reaches 50 percent. It can be lost on causation, if the injury cannot be tied to the crash. It can also be lost if a deadline passes. Sometimes the insurance simply is not there. Accident victims deserve to hear about those risks at the start rather than at the end, which is why the investigation and the early decisions matter so much.

Do you need a car accident lawyer for every car accident claim?

No. If no one was hurt and the only issue is the car, you may be able to handle it with the insurers directly. Personal injury lawyers earn their fee on claims involving real injuries, ongoing treatment, lost wages, disputed fault, or an uninsured or underinsured driver. In those cases, the claim is more complicated and there is more at stake if something is missed. If you are unsure, a free review with an experienced car accident attorney, or any auto accident attorney you trust, costs nothing and can answer the question. Injury victims and the family members helping them should never feel pressured to sign anything at that first meeting.

What you can do this week

• Get checked by a doctor if you have not, and keep every appointment.
• Request the police report and keep a copy.
• Save photos, the names of witnesses, and every letter from any insurance company.
• Keep a simple record of missed work and how your injuries affect daily life.
• Be careful with recorded statements to the other driver's insurer until you understand your rights.

If you were hurt in Colorado and want to know where you stand, Anderson Hemmat offers a free case review. Call 303-782-9999 or send us a message and we will review your accident and explain your legal options.

Frequently asked questions

Is it worth hiring an attorney for a car accident?

It depends on the injuries, the fault picture and the insurance involved. For a minor crash with no injury, you may not need one. When you have real injuries, ongoing treatment, lost wages or a dispute about fault, a car accident lawyer can investigate, deal with the insurance companies and value the claim properly. A free case review is the simplest way to find out which situation you are in.

Do insurance companies want you to get a lawyer?

An insurance company's job is to resolve claims for as little as the file supports, and that is easier when the injured person does not know how Colorado law values a claim. Once you have a lawyer, the insurer has to deal with someone who knows the rules, the deadlines and how to present evidence, and who can file a lawsuit if needed.

Is it worth suing after a car accident?

Most personal injury claims are resolved through negotiation, and a lawsuit is a tool for when the insurer will not pay fairly. Whether filing makes sense depends on the evidence, the injuries, the available insurance and the deadline, which for most Colorado motor vehicle claims is three years. A lawyer should explain the costs, risks and time involved before you decide.

How much are most car accident settlements?

There is no honest average that would tell you what your own claim is worth. Value depends on fault, the medical treatment and its cost, lost income, how the injuries affect your life, Colorado's damages caps and the insurance limits available. Anyone who quotes a number before reviewing those facts is guessing.