Top Ten Personal Injury Questions
1. Do I have a case?
I don't know. That's why I never charge for an initial consultation.
2. What can I expect, aka What Is My Case Worth?
Once again, I don't know. Your facts will always be unique and the applicable law will almost always be unique to your situation.
3. How soon can I get paid?
That all depends on the facts of your case, the applicable law, and the willingness of the opposing parties to negotiate in good faith. I have seen settlements reached in as little as 3 months and judgments in as long as 5 years. Rest assured that I will aggressively pursue your case to as quick a resolution as humanly possible, just and reasonable.
4. The insurance company wants to talk with me. Should I talk with them?
Absolutely not...at least not until you have spoken with an experienced attorney. Statements made now may be used against you later. I know that the natural inclination of people is to "do the right thing" or try and defend your good faith. Emotionally that is a great thing, but it can be disastrous in legal matters. You should NEVER sign any documents until after you have spoken with your lawyer and allowed them time to review the documents and proposed statements or agreements in those documents.
5. When should I hire a lawyer?
You should hire an experienced personal injury lawyer as soon as possible after the accident/injury. Having an attorney working on your behalf as quickly as possible allows them to better evaluate and prepare your case for negotiation and litigation. You will pay the same amount for an attorney now or later since most personal injury lawyers will work with you on a contingency fee basis. Don't wait!
6. Which lawyer should I hire?
Watching local television or listening to the radio, you might think Frank Azar, Bryan "Bulldog" Moore, or Anderson, Hemmat & Levine are the only choices. There are many good personal injury lawyers in Colorado – and many bad ones. Asking pointed questions of any potential personal injury attorney will help you decide which one is right for you. Specifically, you should ask questions such as:
- How many years of experience do you have in representing accident victims?
- How do you keep yourself up to date in this area of the law?
- Will I work directly with you or with another lawyer, paralegals and assistants?
- How many cases do you handle at any given time?
- Will your fees be on an hourly basis or a percentage of the recovery?
7. How will I pay for my medical care when I have been injured?
Your auto or health insurance company will usually pay your medical bills and they have the right to be repaid out of the proceeds of your settlement. It is more of a problem if you do not have insurance coverage. There are health providers who will accept payment for their services after your claim is settled. A related issue is how will you pay for your living expenses? In both instances, I can help you find ways to pay for your medical costs and living expenses.
8. The insurance company is already offering to settle my claim. Should I accept their offer?
You should not consider settling any claims until your doctors have released you from their care, at the very earliest. Insurance companies offer to settle claims for a few hundred or thousand dollars before you know just how hurt you are. Dangling money in front of you is a trick. You may have the need for future medical care including surgery. You may have current and future lost wages. You just don't know right now. So don't do it.
9. How much will I have to pay a lawyer?
Most personal injury lawyers are willing to work on a contingency basis. That means that they do not get paid until and unless they get a settlement or judgment for you. I charge a 33.3% contingency fee paid when the settlement or judgment is paid in addition to any costs and expenses advanced by the firm in preparing your case. NOTE: under Colorado law, costs and expenses are your responsibility, regardless of whether a settlement or judgment is reached.
10. Will my case have to go to trial?
I don't know. That will always depend on the reasonableness of the opposing party to negotiate in good faith. Most cases are settled without having to go to trial. However, some cases go to trial because the opposing parties will not pay you what your claim is worth. If your case involves larger amounts of damages, it is not clear who is responsible for the accident, or it involves a legal issue that could affect insurance company practices, then it has a higher chance of having to go to trial.
How do I get started?
Fill out the Personal Injury Questionnaire (also located in Library Forms). Save it once you have completed it, attach any appropriate documents, and then return it to me by email as soon as possible. We can set an appointment and get going on your case.