For many, the thought of taking legal action against someone else may feel overwhelming or confusing. In addition, a personal injury lawsuit can present new obstacles and legal jargon that most people haven’t had to deal with before. As such, hiring an experienced Personal Injury attorney familiar with personal injury law and the claims process is crucial. They are trained professionals whose job is to guide you through the process of filing a personal injury claim and going to trial if necessary.
If someone else’s negligence hurts you or someone you love, filing a personal injury claim or lawsuit may be necessary. Despite how intimidating a legal battle seems, you deserve to seek compensation for your injuries. In addition to your injury, you’ll likely have immense losses like medical bills, property damage, and emotional trauma.
Therefore, going about a claims process correctly is essential to keep you from spiraling into debt or jeopardizing your case. Hiring an experienced personal injury attorney is one of the best decisions you can make after someone else’s negligent actions have seriously injured you. The first step is to learn more about Colorado’s personal injury claim process.
The Claim Process
After sustaining injuries in an accident, your right to recover monetary compensation for your losses is your “claim for damages.” You can claim damages like medical bills, pain and suffering, lost wages, reduced work capacity, and more.
You will bring a claim against the person or people who are legally responsible for your injuries. Claims are usually resolved through insurance companies. However, if you and the at-fault party’s insurance company cannot reach a desirable agreement, your attorney can file a lawsuit in court. After that, your claim will become a pending case in court.
How Do I Know If I Have a Personal Injury Claim in Colorado?
You might be unsure if you have a personal injury case. Or, you may know that you have a personal injury case but be afraid to get into a legal battle. Additionally, a car accident can bestow trauma on anyone and leave victims with damages and losses. Some may even fear legal processes or court proceedings because they believe the justice system will not give them a fair chance.
However, a strong Denver personal injury lawyer can help give you a voice in the justice system. In addition, a skilled attorney can help you determine the viability of your claim and how to achieve the best outcome for your unique case.
Usually, you will have a consultation with your attorney before you commit to working with each other. Your attorney will review all the aspects of your case and determine if they want to take on your case.
To present a valid claim against an insurance company or jury, you must be able to establish a few aspects: duty owed, breach of duty, causation, and damages.
How Does The Personal Injury Claim Process Work?
The first step in a personal injury claims process is to complete your medical treatment. Then, your lawyer will send a demand package to the other party and their insurance company. If the person who caused your injuries agrees to pay your demand, you can resolve the claim with a settlement. However, your lawyer can file a lawsuit in court if they deny your request. Then, a jury will deliberate a verdict and award your financial compensation.
Here are the steps in a personal injury claims process:
Open A Claim
You must open a claim with your insurance company and the other party’s insurance. Your personal injury attorney will assist you with opening up insurance claims.
Get Appropriate Medical Treatment
It would be best if you got medical treatment as soon as possible after the accident. Your lawyer will help you take steps to preserve evidence for your case. Evidence can deteriorate quickly and therefore requires proper handling to ensure you protect your rights. In addition, your lawyer will investigate to gather evidence that supports your claim.
Submit Demand Package
After you get the necessary and appropriate medical treatment, your lawyer will prepare a demand package. The demand package marks the beginning of negotiations with insurance companies.
A thorough demand package will have all your case details. Furthermore, your lawyer will present the demand package to a jury should your case go to trial. The demand package will include
- medical records
- Medical bills
- proof of lost wages
- and any other documents that are pertinent to your case for financial damages.
Settlement of Claim
If your attorney has submitted a robust, comprehensive demand package, the next step could be resolving your case through a settlement. First, you and the party who caused your injuries need to agree on a desirable amount of financial compensation that you will get paid. If you can negotiate a favorable settlement with the other party and their insurance company, you can resolve your case without going to court. However, your lawyer will file a lawsuit and proceed to trial if you cannot agree on a settlement amount.
It would be best if you never accepted a settlement offer that is less than what you deserve. Your Denver personal injury lawyer can provide legal counsel regarding a fair amount and help ensure you seek the total amount you are entitled to recover.
Compromise of Liens
During a personal injury claims process, there will be one or more lien claimants who acquire a lien against your financial award. After settling your case, your lawyer will discuss any compromise of lien claims with lien claimants.
Statute of Limitations
The statute of limitations is the time limit you have to file a personal injury lawsuit after the accident. In Colorado, that limit is two years for personal injury claims, and three years for auto-accident related injury claims. So even if a settlement is possible, if the statute of limitations affects your case, your lawyer might need to file a lawsuit to preserve your right to compensation.
Lawsuit in Court
If your claim does not get resolved through a settlement agreement, your lawyer will proceed to file a lawsuit in court. A lawsuit is a request that your case gets tried by a jury. The jury will listen to the story and all evidence presented by both sides. Then they will decide on a financial award for your damages based on the evidence presented in court.
Trial and Judgment
You can settle a court case at any trial stage through the voluntary agreement of both parties. However, if no settlement is agreed upon, the case will ultimately be decided by trial and jury verdict.
See It Through With an Experienced Denver Personal Injury Lawyer
Working with a competent, seasoned lawyer can ultimately spell the difference between the success or failure of your case. Our Denver personal injury lawyers will meet with you as soon as possible to discuss your case’s unique circumstances.
We understand how the stress of an injury or financial hardships can take a toll on anyone, and an inadequate or inexperienced lawyer will only add to your frustration.
Make sure you find the right attorney with your best interests in mind throughout your case. Do not make the false assumption that all personal injury lawyers are of equal caliber. Instead, research and ask the right questions to ensure you make an informed decision and find the best attorney for your case.
Call us today for a free initial consultation. We will happily discuss your legal rights and fight vigorously to win you the total compensation you deserve.