Personal Injury & Insurance Law FAQs
Straight answers to the questions I hear most, from someone who spent years on the insurance company's side of the table.
Schedule a Free ConsultationIf you've been injured in an accident or due to someone else's negligence, you likely have questions. Below are answers to the ones I hear most often. For anything specific to your situation, reach out for a free consultation, sometimes just talking it through with someone who knows the process can put your mind at ease.
When do I have a personal injury claim?
You may have a claim if you've suffered physical, emotional, or financial harm due to someone else's negligence. The negligent action doesn't have to be intentional, and even if you share some responsibility for the incident, you can still recover if the other party is primarily at fault (51% or more). Common incidents include:
- Auto accidents (car, truck, or motorcycle)
- Pedestrian accidents
- Slip and falls (premises liability)
- Dog bites
- Defective products (product liability)
- Workplace or construction accidents
To pursue a claim, you must have suffered damages, such as medical bills, lost wages, or emotional distress, as a result of the negligence.
What damages can I recover in a personal injury claim?
Depending on the circumstances, you may be entitled to compensation for:
- Medical expenses, past and future
- Aggravation of pre-existing conditions
- Lost wages and loss of earning capacity
- Property damage
- Pain and suffering
- Emotional distress
- Physical disability, scarring, or disfigurement
- Loss of enjoyment of life
- Loss of consortium
Each case is unique, and what you can recover depends on the specifics of your injury.
I think I have a claim. What should I do now?
Speak with an experienced personal injury attorney as soon as possible. I can assess the details of your case, help you understand your legal rights, and build a strategy to protect your claim. Insurance adjusters work to pay as little as possible, which is exactly why having an attorney matters, I negotiate with the insurance company, guide you through the process, and work to recover what you're owed.
How long do I have to file a personal injury claim?
The deadline is governed by Colorado's statute of limitations, and it depends on the type of claim: three years for claims involving motor vehicles, two years for most other personal injury claims. Once the deadline passes, you may lose your right to compensation entirely, so it's worth confirming your specific timeline rather than assuming.
Can I handle a claim myself? Should I talk to an insurance adjuster?
You can, but it's not advisable. Insurance adjusters are trained to minimize payouts, and often use tactics like requesting a recorded statement that could be used against you, or asking you to sign a medical release form to access your full history, sometimes to argue your injuries were pre-existing. Having an attorney handle negotiations helps ensure you receive fair compensation. I offer a free consultation, so there's no risk in finding out whether I can help.
What if the at-fault party is uninsured or underinsured? Do I still have a claim?
Yes. Colorado requires every auto insurer to offer uninsured/underinsured motorist (UM/UIM) coverage, with a $25,000 minimum required by law. If the at-fault driver has no insurance, or not enough to cover your damages, you can file a claim under your own UM/UIM policy, unless you specifically rejected that coverage in writing. This applies to auto accidents as well as incidents involving cyclists and pedestrians.
Even though you'd be dealing with your own insurer, they still have an incentive to minimize what they pay, and there are specific requirements for making a UM/UIM claim, so it's worth having an attorney involved.
What can I expect if I deal with an insurance company on my own?
An adjuster might come across as friendly and concerned, even suggesting they'll cover all your damages, but that's rarely how it plays out once trust is built. They may ask for a medical release to search your history for a pre-existing condition to blame, or request a recorded statement framed in a way that can work against you without you realizing it. It's usually best to consult an attorney before speaking with an adjuster, and to politely decline discussing your claim until you have. I work on contingency, meaning I only get paid if I recover compensation for you, so there's no cost to at least talk it through first.
How do I choose the right lawyer?
This often comes down to personal preference. Some people prefer a larger firm they've seen on TV, but that can mean feeling like just another file in a large pool of clients. I regularly work with clients who left bigger firms because they felt ignored or didn't have direct access to their attorney. I prioritize direct communication, you'll always have access to me personally, not a case manager or intake screener.
It's also worth choosing an attorney with courtroom experience. Not every lawyer regularly steps into court, and while my goal is to resolve cases without one, I'm prepared to fight for you at trial if necessary, insurance companies know that willingness gives real leverage in negotiations. When you meet with a potential lawyer, remember it's as much about you interviewing them as the reverse. It's crucial to feel comfortable with the attorney you choose.
How much is my case worth?
Be cautious of advertisements that guarantee large sums for injury cases. Every case is different, and there's no simple formula. Value depends on factors including the medical costs incurred, the severity and permanence of your injuries, time missed from work, pain and suffering, how clear the at-fault party's liability is, whether the case resolves through settlement or trial, and the at-fault party's financial resources. Consulting an attorney is the only way to get a realistic outlook for your specific situation.
Do I have to pay for a case evaluation?
No. My initial consultation is completely free, so you can understand your case without any financial commitment.
How does your fee structure work?
I handle personal injury cases on a contingency-fee basis. You don't pay upfront or out of pocket, my fee is a percentage of what I recover on your behalf. If I don't secure a recovery for you, you don't owe me anything.
Still have questions?
This is a good starting point, but every case is different. Free video consultation, no case managers, no call center, just me.
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