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Frequently Asked Personal Injury Questions

Our experienced personal injury attorneys can answer the questions you have. We know how chaotic it can be after an injury accident and we're here to answer your questions.

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Anderson Hemmat Personal Injury FAQ's

Do I need a lawyer for my personal injury claim?

You are not legally required to hire a lawyer, but having experienced representation significantly improves your chances of receiving fair compensation. Insurance companies have teams of adjusters and attorneys working to minimize what they pay. A Denver personal injury attorney from Anderson Hemmat levels the playing field and fights for maximum compensation on your behalf.

Do I need an attorney for a distracted driving injury case?

While you are not legally required to hire an attorney, having one can significantly improve your chances of securing fair compensation. Insurance companies often try to minimize payouts, and an experienced attorney can negotiate on your behalf, gather evidence, and represent you in court if necessary. For more information regarding your potential claim, contact our office at 303-782-9999.

What is my personal injury case worth?

Every case is different. The value of your claim depends on your medical expenses, lost income, the severity of your injuries, and the impact on your quality of life. Anderson Hemmat has recovered results ranging from hundreds of thousands to tens of millions of dollars. Contact us for a free case evaluation to discuss the specifics of your situation.

Do I need a lawyer to file an RTD accident injury claim?

While you are not required to have a lawyer, an experienced personal injury attorney can help you navigate the legal process, meet deadlines, and maximize your compensation, especially since government claims have strict procedures and limitations. For more information regarding your potential claim, contact our office at 303-782-9999.

How is wrongful death different from a criminal homicide case?

A wrongful death lawsuit is a civil claim brought by the victim’s family to recover financial damages. It does not result in criminal penalties like jail time. A criminal homicide case, such as manslaughter or murder, is prosecuted by the state and can lead to fines and imprisonment. Both types of cases can proceed simultaneously. For more information regarding your potential claim, contact our office at 303-782-9999.

What constitutes legal malpractice in Colorado?

Legal malpractice occurs when an attorney fails to meet the standard of care expected in their profession, resulting in harm to their client. This can include negligence, breach of fiduciary duty, missed deadlines, conflicts of interest, or failure to properly represent a case. For information regarding your potential legal malpractice claim, contact our office at 303-782-9999.

Can my family attend and watch?

Yes, if they are not scheduled to testify. If they are scheduled to testify, they can watch only the closing argument at the end of the case.

How should I dress?

Dress the way you would if you were attending church on a normal Sunday (not Easter or Christmas). Dress respectfully, but not flashy or ostentatious. Excess jewelry, too much makeup, or looking too rich or too fashionable rarely works in court. If you have tattoos and they can be reasonably covered with long sleeves or pants, consider doing so.

How time-consuming will trial be for me?

All cases are unique in this regard. Generally, in the month before trial, you should expect to field one to two calls per week from my staff or me. It may be just a quick call to ask you to inform friends on the witness list that I will be calling them. Also, I may call you to discuss trail strategy. On average, expect to spend about an hour per week on the phone with a paralegal or me in the month before trial. Expect at least one in-person meeting with me, usually on the Saturday or Sunday before trial. Oftentimes, that meeting will include witnesses like your friends and family. During the week of trial, you will need to be at court with me every day of the trial. Trial usually lasts a week. You will need to be in the courtroom from 8:30 a.m. until 5 p.m. every day. You should not expect court to proceed at night. However, on the evening before your testimony, you should expect to meet with me for a few hours for prep work. Generally, as the plaintiff, you will not testify on the first day of trail. Most likely, the trial will be on its second or third day before we call you to the stand. Because you will be present for the whole trial, you should be more comfortable about the process when you testify.

What do I do if I see a juror?

Jurors will be instructed not to talk to any trial participants. Parties are also not allowed to speak or interact with jurors. They will be told that if you look away and say nothing to them, you are simply complying with the court order. After we win, the jury will be free to talk with you at length. Once, I celebrated a jury trial win with some of the jurors after the trial. This is rare because after a week of serving on a jury, most jurors chose to leave without talking to anyone when the verdict comes out.

What, if anything should I tell friends, family, or boss?

Tell your closest friends and family that your case is going to trial. During the week of trial, you’re going to be unavailable to take calls or email until after 5 p.m. each day. During the trial, be careful when you talk to friends and family members who are witnesses in your case. Witnesses are not allowed to watch trial so that other witnesses do not improperly influence their testimony. Consequently, witnesses are not allowed to watch trial and can only be in the courtroom when they are testifying. You will be present for the whole trial. You might be tempted to tell your friends and family how the trial is going, but you must fight this urge because you would be violating a court order.

What is a mass tort or an MDL?

Mass torts and MDLs are similar, but not the same. A mass tort is a type of civil action involving multiple plaintiffs. These are common in dangerous prescription drug cases or in product liability cases. These can be filed in either state or federal court. Multi-district litigation (MDL) is a federal legal procedure for complex civil actions involving people in multiple districts who are all bringing a similar claim against the same party or parties.

What is a third party lawsuit?

In the context of workers' compensation and injuries at the workplace, a third party lawsuit is a lawsuit filed by the employee against a party other than their employer, aka a third party. Say, for example, a construction worker was injured on the job involving a nail gun. The construction worker could collect workers' comp from his work insurance and also file a lawsuit against the manufacturer of the nail gun in a product liability case.

What's expected of me during trial?

I expect my clients to help me with the trial. I will likely ask you questions during the trial like how you feel about a prospective juror or what you think about a particular witness. Please be honest with me. I respect your opinions. Also, jurors, who are generally as new to the process as you, will see things like you do. I’m not asking for your praise. I’m looking for brutal honesty. Based on what you tell me, I may ask a witness different questions, bring in different witnesses, or alter my strategy. Your input is really important. I will also need you to turn off your cell phone and pay attention. You must avoid distractions and be attentive to the trial process. If you don’t pay attention some jurors will notice and wonder why they should pay attention. You should also do your homework. I can tell when a client hasn’t read his deposition or reviewed his medical records like I asked him to do before giving testimony. When I give you homework, it’s because I think it will help you avoid problems on the witness stand.

Will I get a chance to tell my story?

Yes. I generally bring my client to the stand after all other witnesses have testified. You get to bat cleanup.

How do I prove an insurance company acted in bad faith?

To prove bad faith, you generally need to show: The insurer unreasonably denied or delayed payment of benefits The insurer knew (or should have known) its actions were unreasonable An experienced insurance attorney can help gather evidence, such as claim correspondence, expert testimony, and policy details. For more information regarding your potential claim, contact our office at 303-782-9999.

How long do I have to file a distracted driving injury claim in Colorado?

Colorado’s statute of limitations for car accident claims is three years from the date of the accident. If you miss this deadline, you may lose the right to seek compensation. For more information regarding the statute of limitations for your potential claim, contact our office at 303-782-9999.

How do I prove a slip and fall claim in Colorado?

To succeed in a slip and fall case, you must prove that: The property owner had a duty to keep the premises reasonably safe. They knew or should have known about the hazardous condition. They failed to fix or warn about the hazard. You suffered injuries as a direct result of the hazard. For more information regarding your potential claim, contact our office at 303-782-9999.

Who can be held liable in a commercial truck accident?

Liability may fall on the truck driver, trucking company, cargo loaders, truck manufacturers, or maintenance providers, depending on the cause of the accident. For more information regarding the liability in your potential claim, contact our office at 303-782-9999.

Do bicyclists have the same rights as vehicles in Colorado?

Yes, under Colorado law, bicycles are considered vehicles, meaning cyclists must follow traffic laws, including: Stopping at red lights and stop signs Signaling before turning Riding with traffic (not against it) Using bike lanes where available However, motorists are also required to: Give cyclists at least 3 feet of space when passing Yield to bicycles in bike lanes or crosswalks Check for cyclists before opening car doors or making turns If a driver violates these laws and causes an accident, they can be held liable for injuries. For more information, contact our office at 303-782-9999.

How is a truck accident case different from a regular car accident case?

Truck accidents could involve multiple liable parties, federal and state regulations, higher insurance limits, and more severe injuries, making them more complex than regular car accident claims. For more information regarding your potential claim, contact our office at 303-782-9999.

Do I need an attorney for my claim?

While you are not legally required to hire an attorney, having one can significantly improve your chances of securing fair compensation. Insurance companies often try to minimize payouts, and an experienced attorney can negotiate on your behalf, gather evidence, and represent you in court if necessary. For more information or to see if we can assist you with your claim, contact our office at 303-782-9999.

What damages can I recover in a slip and fall lawsuit?

If your claim is successful, you may be entitled to compensation for: Medical expenses (current and future) Lost wages and loss of earning capacity Pain and suffering Emotional distress Other out-of-pocket costs related to the injury For more information, contact our office at 303-782-9999.

Can I still recover compensation if I was partially at fault for my fall?

Yes, under Colorado’s modified comparative negligence rule, you can still recover damages if you were less than 50% at fault. However, your compensation will be reduced by your percentage of fault. If you are found 50% or more at fault, you cannot recover any damages. For more information, contact our office at 303-782-9999.

What damages can I recover in a legal malpractice lawsuit?

If you win a legal malpractice case, you may be entitled to compensation for financial losses caused by the attorney’s negligence, such as lost settlements, additional legal fees, or damages from a case that was mishandled. In some cases, punitive damages may also be awarded for particularly egregious misconduct. For more information regarding your potential claim, contact our office at 303-782-9999.

Do all personal injury law firms offer free consultations?

Yes, it is customary to offer free initial consultations. If you are speaking with a auto accident attorney that want’s to charge you for an initial consultation, that would be a huge red flag.

What damages can I recover in a nursing home abuse lawsuit?

Victims and their families may recover compensation for: Medical expenses related to injuries. Pain and suffering (physical and emotional distress). Wrongful death damages if abuse or neglect led to death. Punitive damages in cases of extreme misconduct. For more information regarding your potential claim, contact our office at 303-782-9999.

What should I do if I am injured in an RTD bus or train accident?

If you are injured in an RTD accident, seek medical attention immediately. Report the accident to RTD, document the scene with photos if possible, gather witness information, and consult a personal injury attorney to understand your rights. For more information regarding your potential claim, contact our office at 303-782-9999.

How long do I have to file a claim against RTD for my injury?

In Colorado, claims against government entities like RTD must be filed within 182 days (about six months) under the Colorado Governmental Immunity Act. Failing to file within this time frame may prevent you from seeking compensation. For more information regarding your potential claim, contact our office at 303-782-9999.

Who can be held liable for a negligent firearm discharge injury?

Liability may fall on the gun owner, shooter, property owner, or even a business if they failed to enforce proper firearm safety measures. In some cases, a gun manufacturer may also be responsible if the discharge was caused by a defect in the firearm. For more information regarding your potential claim, contact our office at 303-782-9999.

What should I do immediately after being injured in a pedestrian or bicycle accident?

If you are hit by a vehicle while walking or biking, take the following steps: Seek medical attention immediately, even if injuries seem minor. Some injuries, like concussions or internal damage, may not show symptoms right away. Call 911 to report the accident. A police report will help establish liability. Gather evidence, if possible. Take photos of the accident scene, your injuries, and any damage to your bicycle or personal belongings. Get contact details from witnesses and the driver. Avoid making statements of fault at the scene. Even apologizing could be used against you in a claim. Contact an experienced personal injury attorney before speaking with insurance companies to ensure your rights are protected. For more information, contact our office at 303-782-9999.

What compensation can I recover in an insurance bad faith lawsuit?

If successful, you may recover: The original claim amount Up to twice the denied benefits Attorney fees and court costs Possible punitive damages if the insurer’s actions were egregious For more information regarding your potential claim, contact our office at 303-782-9999.

Is there a deadline for filing a negligent firearm discharge injury lawsuit in Colorado?

Yes, in Colorado, personal injury claims generally must be filed within two years from the date of the injury. However, if the negligent party’s actions fall under premises liability or another category, different deadlines may apply. Consulting an attorney as soon as possible is recommended. For more information regarding your potential claim, contact our office at 303-782-9999.

What damages can I recover in a pedestrian or bicycle injury claim?

If you were injured due to a driver’s negligence, you may be entitled to compensation for: Medical expenses: Hospital bills, surgeries, rehabilitation, medications, and future medical costs Lost wages: Compensation for time missed from work and reduced future earning capacity Pain and suffering: Physical pain, emotional distress, and mental anguish Property damage: Repairs or replacement for your bicycle or personal belongings Punitive damages: If the driver was reckless (e.g., drunk driving or hit-and-run), additional damages may be awarded as punishment Every case is unique, and the amount of compensation depends on the severity of injuries, liability, and available insurance coverage. For more information, contact our office at 303-782-9999.

Who is held liable for my claim?

Liability depends on how the injury occurred. Responsible parties may include negligent drivers (for car accidents), property owners (for premises liability cases), or other various situations. An attorney can help determine fault and build a strong case for compensation. For more information regarding the liability your potential claim, contact our office at 303-782-9999.

What is considered a negligent firearm discharge?

A negligent firearm discharge occurs when someone unintentionally fires a gun due to carelessness or recklessness. This could include mishandling a firearm, failing to follow proper safety protocols, or discharging a weapon in an unsafe environment. For more information regarding your potential claim, contact our office at 303-782-9999.

What should I do if I suspect nursing home abuse or neglect?

If you suspect abuse or neglect, you should: Report it immediately to the Colorado Department of Public Health & Environment (CDPHE) or Adult Protective Services. Document signs of abuse, including photos, medical reports, and witness accounts. Speak with an attorney to discuss legal options for holding the facility accountable. For more information, contact our office at 303-782-9999.

Do I need an attorney for a wrongful death claim?

It is suggested that you retain an experienced attorney as wrongful death cases can be legally complex and require proving negligence or misconduct. An experienced wrongful death attorney can help navigate the legal process, gather evidence, negotiate with insurance companies, and maximize compensation for the surviving family members. For more information regarding your potential claim, contact our office at 303-782-9999.

What is the statute of limitations for slip and fall claims in Colorado?

In Colorado, you generally have two years from the date of the injury to file a premises liability lawsuit. If you fail to file within this period, you may lose your right to seek compensation. For more information, contact our office at 303-782-9999.

How long do I have to file a personal injury claim in Colorado?

In Colorado, most personal injury claims must be filed within two years of the injury. Claims arising from a car, truck or motorcycle crash generally have three years. Wrongful death claims have a two-year deadline. Certain circumstances may shorten or extend these deadlines, so it is important to consult with an attorney as soon as possible after your injury.

What should I do immediately after a commercial truck accident in Colorado?

Call 911, seek medical attention, document the scene with photos/videos, gather witness information, and avoid discussing fault with anyone. Contact a personal injury attorney as soon as possible. For more information regarding your potential claim, contact our office at 303-782-9999.

What are common examples of insurance bad faith in Colorado?

Some common examples include: Unreasonable claim denials Delayed payments without justification Offering significantly less than the claim’s fair value Failing to investigate a claim properly Misrepresenting policy terms to avoid paying a claim For more information regarding your potential claim, contact our office at 303-782-9999.

How long do I have to file a nursing home abuse lawsuit in Colorado?

In most cases, the statute of limitations for filing a nursing home abuse claim in Colorado is two years from the date of injury or discovery of the abuse. However, it’s best to act quickly to preserve evidence and protect your loved one’s rights. For more information regarding your potential claim, contact our office at 303-782-9999.

How long do I have to file a catastrophic injury claim in Colorado?

In Colorado, the statute of limitations for most personal injury claims, including catastrophic injuries, is generally two years from the date of the injury. However, if the injury resulted from a motor vehicle accident, the timeframe extends to three years. Exceptions may apply. For more information regarding your potential claim, contact our office at 303-782-9999.

What kind of compensation can I receive for an RTD accident injury?

You may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. However, government claims have damage caps, so consulting an attorney is crucial to understanding your potential recovery. For more information regarding your potential claim, contact our office at 303-782-9999.

Who can file a wrongful death claim in Colorado?

In Colorado, the deceased person’s spouse has the exclusive right to file a wrongful death claim within the first year after the death. In the second year, both the spouse and children may file. If there is no spouse or children, the deceased’s parents can bring the claim. As of January 1, 2025, Colorado House Bill 24-1472 also grants siblings of the deceased the right to file if no spouse, children, or parents survive. For more information, contact our office at 303-782-9999.

Who can be held liable for my catastrophic injury?

Liability depends on how the injury occurred. Responsible parties may include negligent drivers (for car accidents), property owners (for premises liability cases), or other various situations. An attorney can help determine fault and build a strong case for compensation. For more information regarding your potential claim, contact our office at 303-782-9999.

What are common examples of legal malpractice?

Common examples include an attorney missing critical filing deadlines, failing to properly investigate a case, giving incorrect legal advice, misusing client funds, or having a conflict of interest that compromises their ability to represent you effectively. For more information regarding your potential claim, contact our office at 303-782-9999.

How do I prove a nursing home abuse or neglect claim?

To establish a claim, you must show: The nursing home had a duty of care to the resident. The facility breached that duty through abuse, neglect, or inadequate care. The resident suffered harm due to the breach. There is evidence of injuries or damages, such as medical records, photos, or witness statements. For more information, contact our office at 303-782-9999.

Do I need an attorney to file a catastrophic injury claim?

While not legally required, hiring an experienced personal injury attorney is highly recommended. Catastrophic injury cases often involve large settlements, insurance disputes, and extensive medical documentation, requiring skilled negotiation and legal representation. For more information regarding your potential claim, contact our office at 303-782-9999.

How long does it take to settle a commercial truck accident claim?

It depends on the complexity of the claim, the severity of injuries, and negotiations with insurance companies. Some claims settle in months, while others may take years if litigation is necessary. For more information regarding your potential claim, contact our office at 303-782-9999.

What compensation can I receive for a catastrophic injury claim?

Compensation in catastrophic injury cases may include: Medical expenses (past and future) Lost wages and loss of future earning capacity Pain and suffering Rehabilitation and therapy costs Home modifications and assistive devices Loss of enjoyment of life and emotional distress For more information regarding your potential claim, contact our office at 303-782-9999.

How long do I have to file a car accident lawsuit in Colorado?

Under Colorado Revised Statutes C.R.S. 13-80-101, you have three years from the date of the accident to file a personal injury lawsuit. If the car accident resulted in a death, the family has two years from the date of death to file a wrongful death claim. Missing these deadlines permanently eliminates your right to seek compensation. Contact Anderson Hemmat at 303-782-9999 to protect your rights before time runs out.

What qualifies as a catastrophic injury in Colorado?

A catastrophic injury is a severe injury that results in long-term or permanent disability, significantly impacting a person’s ability to work or perform daily activities. Examples include traumatic brain injuries, spinal cord injuries, amputations, severe burns, and paralysis. For more information regarding your potential claim, contact our office at 303-782-9999.

What is the average wrongful death settlement in Colorado?

There is no single average for wrongful death settlements in Colorado because every case is different. Factors that determine case value include the deceased's age, earning capacity, and number of dependents, the severity of the defendant's negligence, and the strength of the available evidence. Settlements can range from hundreds of thousands of dollars to tens of millions. In 2021, Anderson Hemmat secured a $33 million wrongful death verdict, believed to be the largest in Colorado history. As of 2025, the cap on non-economic damages alone increased to $2,125,000 under HB24-1472, while economic damages such as lost income have no cap. For a free evaluation of what your case may be worth, contact our office at 303-782-9999.

How do I prove a legal malpractice claim?

To prove legal malpractice, you must establish four key elements: (1) the attorney owed you a duty of care, (2) they breached that duty through negligence or misconduct, (3) their actions directly caused you harm, and (4) you suffered financial or legal damages as a result. For more information regarding your potential claim, contact our office at 303-782-9999.

What qualifies as distracted driving in Colorado?

Distracted driving includes any activity that diverts a driver’s attention from the road. This can involve texting, talking on the phone, eating, adjusting the radio, or using in-car entertainment systems. In Colorado, texting while driving is illegal, and drivers can face penalties if caught. If you were injured by a distracted driver, contact our office at 303-782-9999 for more information on your potential claim.

Is there a time limit to file a truck accident lawsuit in Colorado?

Yes, Colorado’s statute of limitations for some personal injury cases, including truck accidents, is generally three years from the date of the accident. Contact our office today to find out the statute of limitations for your potential claim at 303-782-9999.

Am I required to wear a helmet while riding a motorcycle in Colorado?

No. As long as you are at least 18 years old, you are not required to wear a helmet while riding your motorcycle in the state of Colorado. We strongly recommend riders wear proper head protection and gear at all times. For more information regarding your potential claim, contact our office at 303-782-9999.

What constitutes nursing home abuse or neglect in Colorado?

Nursing home abuse can include physical, emotional, sexual, or financial abuse, while neglect refers to failing to provide proper care, such as food, hygiene, medical attention, or protection from harm. Signs include unexplained injuries, sudden weight loss, emotional withdrawal, or poor hygiene. For more information, contact our office at 303-782-9999.

What if I am partially at fault for the car accident?

Colorado follows a modified comparative negligence rule under C.R.S. 13-21-111. You can still recover damages as long as your share of fault is less than 50% (at 50% or more, you recover nothing). However, your compensation is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $100,000, you would receive $80,000. Insurance companies often try to assign more fault to you than is warranted. An experienced Denver car accident lawyer can help protect your claim from unfair fault allocation. Call 303-782-9999 for a free evaluation.

How much does a wrongful death lawyer cost?

Most wrongful death lawyers in Colorado, including Anderson Hemmat, work on a contingency fee basis. This means you pay no upfront costs and no attorney fees unless your case is successful. The attorney fee is a percentage of the final settlement or verdict. This arrangement removes the financial barrier for families who need legal representation during an already difficult time. Your initial consultation with Anderson Hemmat is always free, and we will clearly explain the fee structure before you make any decisions. Call us at 303-782-9999 to schedule your free case evaluation.

Who can be held liable in a distracted driving accident?

The distracted driver is typically liable for any injuries or damages caused. However, if the driver was working at the time of the accident (such as a delivery driver), their employer might also share responsibility. In some cases, third parties, like manufacturers of defective vehicle technology, may be involved in liability. For more information regarding the liability in your potential claim, contact our office at 303-782-9999.

What are the common causes of commercial truck accidents?

There are various causes of commercial truck accidents which could include driver fatigue, distracted driving, improper loading, speeding, mechanical failures, poor weather conditions, and violations of federal trucking regulations. For more information regarding your potential claim, contact our office at 303-782-9999.

Who can be held responsible for my injuries in an RTD accident?

Liability depends on the circumstances of the accident. RTD may be responsible if the driver was negligent, but other parties, such as another driver, a manufacturer, or a city agency responsible for road maintenance, could also be liable. For more information regarding your potential claim, contact our office at 303-782-9999.

Should I accept the first settlement offer from the insurance company?

In most cases, no. Insurance companies typically make initial settlement offers quickly, often before the full extent of your injuries is known. These early offers are designed to close your claim cheaply and rarely account for future medical expenses, ongoing pain and suffering, or long-term lost earning capacity. Once you accept a settlement, you cannot go back and ask for more money. Always consult with an experienced car accident attorney before accepting any offer. Anderson Hemmat offers free case evaluations at 303-782-9999.

What compensation can I receive if I’m injured by a distracted driver?

Victims of distracted driving crashes in Colorado may be entitled to compensation for medical expenses, lost wages, pain and suffering, property damage, and more. If the driver’s actions were particularly reckless, punitive damages might also be awarded. For more information regarding the compensation for your potential claim, contact our office at 303-782-9999.

Can siblings file a wrongful death claim in Colorado?

Yes, as of January 1, 2025. Colorado House Bill 24-1472 expanded wrongful death eligibility to include siblings of the deceased. Under C.R.S. 13-21-201(a)(V), if the deceased had no surviving spouse, heirs, or designated beneficiary, their siblings or heirs of siblings may file a wrongful death action within two years of the date of death. Prior to this law change, siblings had no legal standing to bring a wrongful death claim in Colorado. This is a significant expansion of the law that ensures more families can seek justice and financial compensation. Contact Anderson Hemmat at 303-782-9999 to find out if you qualify.

Can I still recover damages if I was partially at fault for my motorcycle accident in Colorado?

Yes, under Colorado's modified comparative negligence law (C.R.S. 13-21-111), you can recover compensation as long as you are less than 50% at fault for the accident. Your total compensation is reduced by your percentage of fault. For example, if you are found 20% at fault and your damages total $200,000, you would recover $160,000. If you are 50% or more at fault, you are barred from recovering any damages. Insurance companies and defense attorneys frequently try to shift blame onto motorcyclists by arguing the rider was speeding, not wearing protective gear, or following too closely. An experienced motorcycle accident attorney can counter these tactics and protect your right to fair compensation.

What laws protect policyholders from insurance bad faith in Colorado?

Colorado has strong consumer protection laws, including the Colorado Unfair Claims Settlement Practices Act and C.R.S. § 10-3-1115 & 10-3-1116, which allow policyholders to sue for bad faith and recover up to two times the covered benefit plus attorney fees. For more information regarding your potential claim, contact our office at 303-782-9999.

What damages can be recovered in a wrongful death lawsuit?

Eligible family members may seek compensation for economic and non-economic damages, including lost financial support, funeral and burial expenses, medical bills, pain and suffering, loss of companionship, and, in some cases, punitive damages if the death resulted from reckless or intentional misconduct. For more information regarding your potential claim, contact our office at 303-782-9999.

What is premises liability in Colorado?

Premises liability refers to the legal responsibility of property owners or occupiers to maintain safe conditions on their property. If someone is injured due to unsafe conditions, such as a slip and fall, they may have a claim against the property owner. For more information regarding your potential claim, contact our office at 303-782-9999.

How do federal trucking regulations impact my case?

Truck drivers and companies must follow Federal Motor Carrier Safety Administration (FMCSA) regulations on hours of service, weight limits, and maintenance standards. Violations of these regulations can help establish negligence resulting in an accident. For more information regarding your potential claim, contact our office at 303-782-9999.

How long does a car accident claim take in Colorado?

The timeline for a car accident claim varies depending on the complexity of the case, the severity of injuries, and whether the case settles or goes to trial. Simple cases may resolve in a few months, while complex cases involving severe injuries or disputed liability can take one to three years. It is important not to rush a settlement before you fully understand the extent of your injuries and future medical needs. An experienced car accident attorney will advise you on timing to maximize your recovery. Contact Anderson Hemmat at 303-782-9999.

What is the difference between wrongful death and a survival action in Colorado?

A wrongful death claim is filed by surviving family members and compensates them for their own losses, including lost income, loss of companionship, grief, and funeral expenses. A survival action is filed on behalf of the deceased person's estate and seeks compensation for damages the deceased suffered before death, such as pain and suffering and medical bills. In many Colorado wrongful death cases, both claims can be pursued simultaneously to maximize the family's total recovery. An experienced wrongful death attorney can evaluate whether both claims apply to your situation. Call Anderson Hemmat at 303-782-9999 for a free consultation.

Is there a time limit for filing a legal malpractice claim in Colorado?

Yes, in Colorado, the statute of limitations for filing a legal malpractice claim is generally two years from the date you discovered or should have discovered the malpractice. However, exceptions may apply, so consulting an attorney as soon as possible is recommended. For more information regarding your potential claim, contact our office at 303-782-9999.

What damages can I recover in a truck accident claim?

Victims involved in a truck accident may recover medical expenses, lost wages, pain and suffering, property damage, rehabilitation costs, and in some cases, punitive damages. For more information regarding your potential claim, contact our office at 303-782-9999.

Why do I need a personal injury attorney for a truck accident case?

A personal injury attorney helps investigate liability, gather evidence, negotiate with insurance companies, and ensure you receive maximum compensation for your injuries after an accident. For more information regarding your potential claim, contact our office at 303-782-9999.

Can I file a wrongful death lawsuit if there are no criminal charges?

Yes. A wrongful death claim is a civil lawsuit, which is entirely separate from criminal proceedings. The burden of proof in a civil case is lower than in a criminal case. In a criminal trial, the prosecution must prove guilt beyond a reasonable doubt. In a wrongful death lawsuit, the plaintiff must only prove that the defendant was negligent by a preponderance of the evidence, meaning it is more likely than not that negligence occurred. Many families successfully recover wrongful death compensation even when no criminal charges were ever filed or when criminal charges resulted in acquittal. Contact Anderson Hemmat at 303-782-9999 to discuss your case.

How much does a Denver personal injury lawyer cost?

Anderson Hemmat works on a contingency fee basis. You pay nothing up front and owe no attorney fees unless we recover compensation for you. This means anyone can afford quality legal representation regardless of their financial situation.

What are Colorado minimum car insurance requirements?

Colorado requires all drivers to carry minimum liability insurance of $25,000 per person and $50,000 per accident for bodily injury, plus $15,000 for property damage (commonly written as 25/50/15). Colorado also requires insurance companies to offer uninsured and underinsured motorist (UM/UIM) coverage, though drivers may decline it in writing. If you are hit by an uninsured or underinsured driver, your own UM/UIM policy may cover your damages. For questions about insurance coverage after a car accident, contact our office at 303-782-9999.

What is an insurance bad faith claim?

Insurance bad faith occurs when an insurance company unreasonably denies, delays, or undervalues a valid claim. Insurers are legally required to act in good faith and deal fairly with policyholders. If they fail to do so, you may have grounds for a bad faith claim. For more information regarding your potential claim, contact our office at 303-782-9999.

What do I need to prove in a negligent firearm discharge injury claim?

To succeed in a claim, you must prove that the firearm was discharged due to negligence, that the discharge directly caused your injury, and that you suffered damages as a result. Evidence such as witness statements, surveillance footage, and police reports can help support your case. For more information regarding your potential claim, contact our office at 303-782-9999.

Can I file a claim if I was injured by someone else’s negligent firearm discharge?

Yes, if you were injured due to another person’s negligent firearm discharge, you may be able to file a personal injury claim against the responsible party. You could seek compensation for medical expenses, lost wages, pain and suffering, and other damages. For more information regarding your potential claim, contact our office at 303-782-9999.

How much is my car accident claim worth in Colorado?

The value of a car accident claim depends on several factors, including the severity of your injuries, medical expenses, lost wages, pain and suffering, and the degree of the other driver's negligence. No two cases are the same. Anderson Hemmat has recovered over $100 million in car accident verdicts and settlements, including a $33 million wrongful death verdict from a two-vehicle collision. For a free evaluation of what your case may be worth, contact our Denver car accident lawyers at 303-782-9999.

Can I still recover compensation if I was partially at fault?

Potentially, yes. Under Colorado’s modified comparative negligence rule, you can recover damages if you were less than 50% at fault, but your compensation will be reduced by your percentage of fault. For more information regarding your potential claim, contact our office at 303-782-9999.

Who is liable in a pedestrian or bicycle accident in Colorado?

Liability depends on the circumstances of the accident. In many cases, the driver of the vehicle is at fault if they: Ran a red light or stop sign Failed to yield to a pedestrian or bicyclist in a crosswalk Were speeding, distracted, or driving under the influence However, cyclists and pedestrians also have responsibilities under Colorado traffic laws. Liability may be shared if: A cyclist ran a stop sign or red light A pedestrian jaywalked or crossed against a traffic signal The cyclist or pedestrian was distracted (e.g., using a phone) Colorado follows a modified comparative negligence rule, meaning if you are less than 50% at fault, you can still recover damages, though your compensation is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover damages. For more information, contact our office at 303-782-9999.

How long do I have to file a wrongful death claim in Colorado?

The statute of limitations for wrongful death claims in Colorado is two years from the date of death. If the claim is not filed within this period, the right to seek compensation may be lost. For more information regarding your potential claim, contact our office at 303-782-9999.

How do I know if I'm being offered a fair settlement for my auto accident?

It can be difficult for a driver to know how much they're entitled to after a car accident. Many drivers accept the insurance company's first settlement offer because they trust that it's fair and will be enough to cover all accident-related expenses. This is not always the case. More often than not, insurance companies offer claimants far less than they actually deserve. We encourage drivers to consult with a car accident attorney after a collision for a second opinion on how much your claim is worth. For more information, contact our office at 303-782-9999.

How do we pick a jury?

In Colorado, jurors are not selected as much as they are de-selected. Each side is given a certain number of jurors they can eliminate from the jury pool. We expect clients to voice their opinions about possible jurors. After all, there are usually certain types of people that you do not get along with. Consequently, I need you to speak up if you are concerned about certain jurors. At the beginning of trial, each side is given a certain amount of time to question prospective jurors. After each side has their turn, a list of jurors is passed back and forth between the lawyers. The list contains the names of every prospective juror. Each lawyer gets to cross off the names of prospective jurors until six or seven remain.

How is the value of my claim calculated?

Colorado has comparative/contributory negligence laws. This means that even drivers who are partially at fault for accidents can recover compensation from insurance. However, this does not apply to drivers who are 50 percent or more at fault for the collision. For example, if the insurance adjusters decided that you were 20 percent at-fault and the other driver was 80 percent at-fault, then you could collect up to 80 percent from the other driver's insurance. However, every claim is different. For more information on your claim, contact our office at 303-782-9999.

How long do I have to file a motorcycle accident lawsuit in Colorado?

In Colorado, the statute of limitations for personal injury claims arising from a motorcycle accident is three years from the date of the crash under C.R.S. 13-80-101. If a motorcyclist dies from their injuries, the wrongful death statute of limitations is two years from the date of death. However, if a government entity is involved, for example, if a poorly maintained road contributed to the crash, you may have as little as 182 days to file a notice of claim. Acting quickly preserves your rights and gives your attorney time to gather evidence, interview witnesses, and build the strongest possible case.

How much does it cost to hire a motorcycle accident lawyer?

Anderson Hemmat handles motorcycle accident cases on a contingency fee basis, which means you pay nothing upfront and owe no attorney fees unless we recover compensation for you. There are no consultation fees, no retainer charges, and no hourly billing. Our fee is a percentage of the settlement or verdict we obtain on your behalf. This arrangement allows injured riders to access experienced legal representation regardless of their financial situation. We also advance all case costs, including investigation, expert witnesses, and medical record retrieval, so you never have to pay out of pocket while your case is pending.

I don't think my accident was very serious. Should I still go to the hospital?

As a precaution, anyone involved in a moderate to serious car accident should go to the hospital for a physical evaluation. Many people do not go to the hospital after car accidents either because they think they are not injured or they fear they will have to pay out of pocket for the visit. Most likely, this visit will be covered by insurance. Truthfully, many car accident injuries can go undetected and may not begin to bother the victim until days or even weeks after the accident. Just be sure to keep record of the visit and the payment for the visit. For more information regarding your potential claim after an accident, contact our office at 303-782-9999.

Is Colorado a no-fault or tort state for auto accidents?

Currently, Colorado is considered a tort state for auto accidents. This means that the at-fault party's insurance company is responsible for paying the settlement. In a no-fault state, all drivers involved in accidents go to their own insurance companies to collect a settlement. For more information regarding your potential claim, contact our office at 303-782-9999.

Should I accept a check from the insurance company of the liable party?

It is important to retain an experienced attorney’s legal assistance if you are being pressured by the at-fault driver’s insurance company to accept settlement. Their primary objective is to settle for the minimum amount. For that reason, you should retain the legal representation of a Denver personal injury lawyer who can speak with the insurance company on your behalf. It is helpful to wait to settle the case until your lawyer has become an active participant in your case. For more information, contact our office at 303-782-9999.

Should I report it if I was in a minor car accident in Colorado?

Yes, you should report every auto accident you’re involved in. In some cases it is illegal in Colorado to go without reporting an auto accident. If injuries were sustained by either parties you MUST report the car crash. Calling 911 is the best way to start that process immediately. You can still report the accident even if you decided to not initially report it. Visit The Colorado DMV site to get started reporting your auto accident now. If you would like more information check out this informative article that covers reporting auto accidents in Colorado.

We live in Colorado but were in an accident in California...can you still help us?

No. We are only licensed to help people in Colorado. For this instance you would need to contact an injury attorney in California.

What are the auto insurance requirements in Colorado?

Auto insurance is a requirement for all Colorado drivers, but about 1 out of every 7 drivers still drives without insurance. In Colorado, there are minimum insurance coverage requirements that must be met. For a policy to meet minimum coverage requirements, it must provide at least $25k per person, $50k per accident for bodily injury and $15k for property damage per accident. Auto insurance companies are also required to offer UM/UIM coverage, although drivers can waive this coverage. For more information, contact our office at 303-782-9999.

What are the initial steps I should take after a personal injury?

The very first step you should take after sustaining injuries from an accident caused by another's reckless or negligent behavior is to obtain medical attention. It is important to follow the doctor's suggestions and take the necessary steps to recovery. You should be keeping a clear record of your time missed from work. You should also look into contacting an attorney from our firm to help you achieve the best results. For more information, contact our office at 303-782-9999.

What compensation can I recover after a motorcycle accident in Colorado?

If another driver caused your motorcycle crash, you may be entitled to recover both economic and non-economic damages. Economic damages include medical expenses (emergency care, surgeries, rehabilitation, and future treatment), lost wages and lost earning capacity, property damage to your motorcycle, and out-of-pocket costs. Non-economic damages cover pain and suffering, emotional distress, loss of enjoyment of life, and permanent disfigurement or disability. In cases involving particularly reckless conduct such as drunk driving, punitive damages may also be available. The value of your claim depends on the severity of your injuries, the extent of your financial losses, and the insurance coverage available. Contact Anderson Hemmat at (303) 782-9999 for a free case evaluation to understand the full value of your claim.

What if I am partially at fault for the accident?

In Colorado, there is a comparative negligence/contributory fault statute. The statute basically says that you can still recover some compensation even if you were partially at fault. In most cases, you will not be able to recover compensation if you were 50 percent or more at fault. However, if you were 20 percent at fault, you could recover up to 80 percent (the other party's percentage of fault). For more information regarding your potential claim, contact our office at 303-782-9999.

What if I'm partially at-fault for the accident?

Colorado has comparative/contributory negligence laws. This means that even drivers who are partially at fault for accidents can recover compensation from insurance. However, this does not apply to drivers who are 50 percent or more at fault for the collision. For example, if the insurance adjusters decided that you were 20 percent at-fault and the other driver was 80 percent at-fault, then you could collect up to 80 percent from the other driver's insurance. For more information regarding your potential claim, contact our office at 303-782-9999.

What is Colorado's statute of limitations?

Every state has a time period in which the individual bringing a personal injury claim can file. This is called a statute of limitations. Depending on the type of personal injury claim, the state of Colorado has a two or three year limit that begins the day the injury takes place. For more information on your specific personal injury claim’s statute of limitation, contact our office at 303-782-9999.

Will my motorcycle accident claim be negatively affected if I wasn't wearing a helmet?

No. You choosing to not wear a helmet did not contribute to the causation of the accident and you are eligible to recover your losses. We strongly recommend riders wear proper head protection and gear at all times. For more information regarding your potential claim, contact our office at 303-782-9999.

Will my uninsured diver insurance (UIM) on my auto insurance policy cover me if I am injured while riding my motorcycle?

Yes! If you are hit by an uninsured or under-insured driver while riding your motorcycle the UIM on your auto insurance policy would cover you. But remember! You may have opted to refuse UIM on your current auto insurance policy because it is not mandatory in Colorado! We advise that you check your current auto policy and if you do not have UM/UIM adjust the policy to add it! The insurance companies don't want to sell it but trust us...you want it and the state of Colorado makes them offer it to you. For more information regarding your potential claim, contact our office at 303-782-9999.

Will the physicians wait for payment if I cannot pay my bills?

In many cases, there will not be the need for immediate payment to your medical bills if the case is not completed and the compensation has not been released. It is important to inform medical providers that you have no insurance or do not have the means to pay off medical bills. Once the case is finally resolved through settlement or verdict, you can pay the medical providers. In many circumstances, the compensation funds can be obtained within one to two weeks after the release has been signed. Large settlement cases can take longer. For more information, contact our office at 303-782-9999.

If you or a loved one has been injured in a Denver accident caused by the negligence of another individual, it is important to obtain guidance from an experienced Colorado accident lawyer at our law firm. We understand that this is likely a very frustrating and difficult time for you, which is why we offer experienced, accessible accident representation. Our personal injury law firm can answer your questions pertaining surrounding your personal injury accident.

Whether you have been injured from a defective product or the negligent driving of a drunk driver, it is important to get all of your questions answered as thoroughly as necessary.

Don't see the question you have answered here? You can ask a personal injury question and have it answered by one of our experienced injury attorney at any time!

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Denver Injury Lawyers

Phone - 303-782-9999

Phone - (888) 492-6342

Fax - (303) 782-9996

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Greenwood Village, CO 80111

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About Our Law Firm

Anderson Hemmat, LLC is a personal injury law firm with locations in and around Denver, Colorado, handling personal injury cases including car accidents, commercial truck accidents, motorcycle accidents, wrongful death claims, slip and fall, pedestrian injury accidents and more. Our Denver personal injury attorneys have recovered millions of dollars for accident victims. If you were injured by no fault of your own in Colorado, contact our law firm today, we offer free initial consultations.

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