Frequently Asked Personal Injury Questions

It is important to retain an experienced attorney's legal assistance if you are being pressured by the at-fault driver's insurance company. 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.

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.

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 more than 50 percent at fault. However, if you were 20 percent at fault, you could recover up to 80 percent (the other party's percentage of fault).

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.

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.

Every state has a time period in which the individual bringing a personal injury claim can file. The state of Colorado has a two year limit that begins the day the injury takes place. This statute of limitations means that every individual who has been injured through the negligence of another individual will have two years to file a personal injury claim.

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. We encourage drivers to consult with a car accident attorney after a collision for a second opinion on how much your claim is worth. More often than not, insurance companies offer claimants far less than they actually deserve.

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 more than 50 percent 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.

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. Truthfully, many car accident injuries can go undetected and may not begin to bother the victim until days or even weeks after the accident. As a precaution, anyone involved in a moderate to serious car accident should go to the hospital for a physical evaluation. Most likely, this visit will be covered by insurance. Just be sure to keep record of the visit and the payment for the visit.

Colorado had no-fault insurance laws until 2003 when they were repealed. Now, 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.

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.

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 more than 50 percent 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.

We are only licensed to help people in Colorado. For this instance you would need to contact an injury attorney in California.

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.

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.

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.

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.

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. I 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.

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.

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.

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.

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.

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.