FAQs
Most people have never needed a lawyer when they find themselves injured and in need of legal advice. We hear the following questions from many of our clients. We hope the answers help clarify your options and considerations.
Many personal injury lawyers advertise “no recovery, no legal fees.” This is because most are handled on a contingency fee.
Contingent fee arrangements in civil cases have long been commonly accepted in the United States and may be the only practical means an individual with a claim can afford to obtain the services of a competent lawyer.
“Contingent” means an attorney only collects if there is recovery for the client, typically a settlement or jury award. If nothing is recovered for the client, no fees are paid to the attorney. The attorney is compensated for the legal work performed by taking a certain agreed percentage or amount from the recovery, regardless of the time or effort involved. Read more about contingency fees.
Contingent fee arrangements in civil cases have long been commonly accepted in the United States and may be the only practical means an individual with a claim can afford to obtain the services of a competent lawyer.
“Contingent” means an attorney only collects if there is recovery for the client, typically a settlement or jury award. If nothing is recovered for the client, no fees are paid to the attorney. The attorney is compensated for the legal work performed by taking a certain agreed percentage or amount from the recovery, regardless of the time or effort involved. Read more about contingency fees.
Damages are the losses and harm you have suffered valued in a dollar amount. Compensation is appropriate for both economic and general damages, such as medical expenses and loss of wages, and non-economic losses such as permanent impairment or loss of quality of life, often called special damages. Read more about damages.
Every state has statutes, or state laws, governing the time allowed for filing specific types of lawsuits. These time limits are called “statutes of limitations.” If you miss the statutory deadline for filing your case, you lose the right to do so.
In Colorado, there is a two-year statute of limitations period for general negligence claims. Claims arising from motor vehicle accidents have a three-year statute of limitations, and those arising from medical negligence have a very strict two-year period. However, when the statute of limitations period runs is not always obvious – at what date does your two-year period begin.
If the injured party has a legal disability, such as a minor, the period does not necessarily begin on the date of the injury. Likewise, if the injury is not immediately apparent, the period may not run until discovery of the injury.
Claims against state or federal entities and institutions may have other time-sensitive procedural requirements with far shorter periods in which to act.
As with most legal analysis, you are best protected by discussing your matter with an attorney to ensure that you do not lose your right to sue.
In Colorado, there is a two-year statute of limitations period for general negligence claims. Claims arising from motor vehicle accidents have a three-year statute of limitations, and those arising from medical negligence have a very strict two-year period. However, when the statute of limitations period runs is not always obvious – at what date does your two-year period begin.
If the injured party has a legal disability, such as a minor, the period does not necessarily begin on the date of the injury. Likewise, if the injury is not immediately apparent, the period may not run until discovery of the injury.
Claims against state or federal entities and institutions may have other time-sensitive procedural requirements with far shorter periods in which to act.
As with most legal analysis, you are best protected by discussing your matter with an attorney to ensure that you do not lose your right to sue.
If you have an accident in Colorado, but reside in another state, why should you consider a Colorado attorney? Because you must file your lawsuit in Colorado. And an experienced Colorado trial attorney will know the applicable state law and will know the practical considerations to be addressed when filing a claim.
Every state has statutes of limitations and procedural requirements that place deadlines on when you can file a personal injury lawsuit. Statutes of limitations differ from state to state and depend also upon the nature of the claim. If the accident involves a government or state entity, other statutory requirements must also be satisfied before and at the time of suing. A Colorado personal injury lawyer will know these requirements and time frames.
Different states recognize different tort claims, and many have varying limitations on damage awards allowed for tort claims. What claim to file and how to best state that claim is part of the expertise you gain when you hire a lawyer from Colorado.
As a practical matter, a Colorado lawyer will also best know the local legal community—the judges and the defense counsel who might be involved in your case. This knowledge, and the benefit of an established reputation in the Colorado legal community, will enhance any personal injury claim filed on your behalf.
Every state has statutes of limitations and procedural requirements that place deadlines on when you can file a personal injury lawsuit. Statutes of limitations differ from state to state and depend also upon the nature of the claim. If the accident involves a government or state entity, other statutory requirements must also be satisfied before and at the time of suing. A Colorado personal injury lawyer will know these requirements and time frames.
Different states recognize different tort claims, and many have varying limitations on damage awards allowed for tort claims. What claim to file and how to best state that claim is part of the expertise you gain when you hire a lawyer from Colorado.
As a practical matter, a Colorado lawyer will also best know the local legal community—the judges and the defense counsel who might be involved in your case. This knowledge, and the benefit of an established reputation in the Colorado legal community, will enhance any personal injury claim filed on your behalf.
Questions as to insurance coverage can be some of the most complex issues you will encounter when considering a lawsuit. If you are injured in an auto accident, then special provisions of Colorado law requiring motor vehicle insurance will govern the insurance coverage. If you have a negligence claim arising from another’s conduct, the other party may have homeowner’s insurance which will provide coverage for your claim. You must sue the negligent person, but typically their insurance company will hire the defense attorney and handle the litigation. If you are injured on the job in Colorado, then the state’s workers compensation system will handle your claim.
If your medical insurance has paid your medical expenses for treatment of injuries suffered because of an accident, then the medical insurance company may collect part of the covered expenses out of the compensation you receive from your lawsuit. Before you even talk to a lawyer, you may receive notice from your medical insurance provider of a subrogation right against any proceeds you collect because of a personal injury claim.
Beware of the insurance adjuster for the other side—you may be asked to state your recollection of the accident. This is almost always tape-recorded, and it is not so much a statement by you as an interrogation by the adjuster. We strongly encourage people to talk to an attorney before agreeing to any type of statement other than to officers of the law.
If your medical insurance has paid your medical expenses for treatment of injuries suffered because of an accident, then the medical insurance company may collect part of the covered expenses out of the compensation you receive from your lawsuit. Before you even talk to a lawyer, you may receive notice from your medical insurance provider of a subrogation right against any proceeds you collect because of a personal injury claim.
Beware of the insurance adjuster for the other side—you may be asked to state your recollection of the accident. This is almost always tape-recorded, and it is not so much a statement by you as an interrogation by the adjuster. We strongly encourage people to talk to an attorney before agreeing to any type of statement other than to officers of the law.