Personal Injury Frequently Asked Questions (FAQ)

Contrary to what you may believe, litigation is not just another word for a filed “lawsuit”. Litigation is a term used to describe legal proceedings, following the filing of a lawsuit, between two parties to enforce or defend a legal right through a Court supervised process. When an accident happens and you hire an injury attorney a claim is filed with an insurance company and a settlement demand is presented at the conclusion of your treatment by your lawyers. Most injury cases settle during a phase of time following an incident and before the filing of a civil lawsuit called pre-litigation.

In a recent study, it was found that car accident victims can get up to 3.5 times more money if they hire an attorney.

In a personal injury case, litigation describes legal proceedings after filing a lawsuit that happens between 2 parties to enforce or defend a legal right through a court supervised process.

Damages in catastrophic injury cases are calculated by considering both economic and non-economic factors. Economic damages include measurable costs such as medical expenses, rehabilitation, lost wages, and future loss of income. Non-economic damages cover more subjective impacts like pain and suffering, loss of quality of life, and emotional distress. In certain cases, punitive damages may also be awarded to punish reckless or negligent behavior. The overall compensation aims to account for both immediate and long-term effects on the victim's life.

Punitive damages are a special type of compensation that may be awarded in cases where the defendant's actions go beyond simple negligence and demonstrate extreme recklessness or malicious intent. Unlike compensatory damages, which are meant to cover losses such as medical bills, lost wages, and pain and suffering, punitive damages are intended to punish the wrongdoer and deter others from engaging in similar conduct. In Colorado, punitive damages are only awarded if it can be shown that the defendant acted with willful and wanton conduct, meaning they knowingly put others at risk without regard for their safety.

General damages in a personal injury claim refer to compensation for non-economic losses that do not have a specific dollar amount attached to them. These damages cover the emotional, psychological, and physical suffering caused by the injury, such as pain and suffering, mental anguish, loss of enjoyment of life, and loss of consortium (relationship losses). Unlike economic damages, which are easier to quantify, general damages require a more subjective evaluation based on the severity of the injury and its impact on the victim’s life.

Colorado's bicycle laws are designed to ensure the safety of cyclists and others on the road. Key regulations include the requirement for cyclists to ride as far to the right as practicable, except when overtaking another cyclist, preparing for a left turn, or avoiding hazards. Cyclists must obey all traffic signals and signs, just like motor vehicles. When riding on roads, cyclists can ride two abreast but must move into a single file if traffic needs to pass. Additionally, Colorado law mandates that vehicles must provide at least three feet of space when passing a cyclist. Cyclists are also encouraged to use hand signals when turning and wear helmets for added protection, though helmets are not required by law.

Colorado's dog bite laws hold dog owners strictly liable for any injuries caused by their dog if the victim was lawfully on public or private property and the bite results in serious bodily injury. This means that the owner can be held responsible even if the dog has no prior history of aggression. However, Colorado law also provides some defenses for dog owners, such as if the victim was trespassing, provoking the dog, or engaged in illegal activities at the time of the attack. In cases where the bite does not cause serious bodily injury, the victim may still be able to pursue compensation through a negligence claim, but the burden of proof is higher.

Colorado’s dram shop laws allow victims to pursue claims against establishments that serve alcohol if they over-serve a visibly intoxicated person or a minor who then causes injury or death to others due to their intoxication. These laws hold bars, restaurants, and other alcohol-serving establishments responsible for the actions of individuals they negligently served. However, the statute of limitations for filing a dram shop claim in Colorado is one year, and the damages that can be recovered are capped. While dram shop claims provide an avenue for compensation, they are often complex and require clear evidence of negligence by the establishment.

A mild traumatic brain injury (TBI), often referred to as a concussion, occurs when a sudden blow or jolt to the head disrupts normal brain function. While considered "mild" compared to more severe brain injuries, it can still cause significant symptoms, including headaches, dizziness, confusion, and memory issues. These symptoms may last for a few days or weeks, but in some cases, the effects can be long-lasting. If left untreated, even a mild TBI can have serious consequences, so it’s important to seek medical attention immediately after any head injury.

Spinal fusion is a surgical procedure used to treat serious spinal injuries, often following a car accident. During the surgery, two or more vertebrae are fused together to stabilize the spine and reduce pain caused by damaged or displaced discs. This procedure is typically recommended when other treatments, such as physical therapy or pain management, have not been effective. While spinal fusion can significantly reduce pain and improve mobility, it can also limit the range of motion in the affected area. Recovery times can vary, but the procedure can offer long-term relief for individuals suffering from severe back injuries.

Epidural steroid injections are a common treatment used to relieve pain and inflammation in the spine following a car accident. These injections deliver a corticosteroid medication directly into the epidural space around the spinal nerves, helping to reduce swelling and alleviate pain caused by conditions like herniated discs or nerve compression. 

The procedure is minimally invasive and can provide significant short-term and long-term relief. It is often recommended when other conservative treatments, such as physical therapy or oral medications, have not effectively managed the pain.

You may suspect your insurance company is practicing bad faith if they are unreasonably delaying or denying your claim, failing to investigate thoroughly, or offering a settlement far below what your claim is worth. Other signs include misrepresenting policy terms, refusing to provide a valid reason for denying your claim, or failing to communicate with you in a timely manner. 

In Colorado, insurance companies are required to act in good faith and deal fairly with policyholders. If you believe your insurer is acting in bad faith, it’s important to consult with an attorney to protect your rights and seek the compensation you deserve.

Yes, bad faith can occur during any type of insurance claim, whether it's related to auto, health, homeowner’s, or any other type of insurance coverage. When an insurance company fails to fulfill its legal obligation to handle claims fairly and in good faith, this is considered "bad faith." This could involve unjustly denying a claim, delaying payment without a valid reason, or offering a settlement that is far less than what the claim is worth. 

If you suspect that your insurer is acting in bad faith, it’s important to seek legal advice to hold them accountable and secure the compensation you’re entitled to.

After being injured in an accident, there are several common mistakes you should avoid to protect your claim. First, avoid delaying medical treatment, as failing to seek prompt care can harm both your health and your case. Second, do not provide a recorded statement to the insurance company without consulting an attorney, as this can be used against you. Third, avoid accepting a quick settlement offer before understanding the full extent of your injuries and damages. Lastly, never admit fault or make statements that could be misinterpreted, either at the scene of the accident or to insurance representatives. 

Consulting with an attorney early on can help you avoid these mistakes and secure the compensation you deserve.