Frequently Asked Questions
Answers from Award-Winning Denver Personal Injury Lawyers
At Denver Trial Lawyers ®, we know you probably have questions about pursuing an injury claim. With more than 175 years of combined experience between our Denver personal injury attorneys, we are more than capable of providing answers to your questions and seasoned legal guidance in your case.
If you have further questions, please contact Denver Trial Lawyers ® today!
We will make appropriate disclosures regarding the facts of the accident, your medical claim, photographs, drawings, witness statements and consult with experts. We will determine which witnesses need to be deposed so that we may obtain sworn testimony about the relevant facts of your case. In the event your case goes to trial, we will present your evidence clearly and persuasively. The jury will make a decision based on the evidence. While most cases are settled well before trial, Denver Trial Lawyers ® has a team of experienced trial attorneys who know how to win. Call us at 303-571-5302 for more information about your legal options!
Do I have a case?
Please email or call us with any questions you might have. We will review the information submitted and contact you immediately. A personal injury is any psychological or physical injury that results from the acts or negligence of another. The simple rule of negligence is that an individual or company acted unreasonably and caused injuries or damages. A personal injury case is civil-seeking money damages for loss-rather than criminal (to punish the defendant).
Personal injury cases include:
- Car Accidents
- Motorcycle Accidents
- Truck Accidents
- Auto/Pedestrian Accidents
- Auto/Bicycle Accidents
- Airplane Accidents
- Snowmobiles & ATV Accidents
- Medical Malpractice (including birth injuries & failure to diagnose)
- Nursing Home Neglect
- Premises Liability (including a lack of security)
- Defective Drug/Defective Medical Products
What type of investigation does Denver Trial Lawyers ® conduct in order to confirm I have a case?
We will obtain all of the documents from any law enforcement or investigating agency, these can include:
- The State of Colorado Official Traffic Accident Report
- Incident Reports
- Medical Charts
- Corporate Records
We will ask you to sign a HIPAA release, so that we may obtain ambulance, hospital and relevant medical records. While each case is different-we will obtain as complete a chronological/timeline of events showing that the defendant was negligent and caused injuries and losses.
What may I recover in a personal injury case?
Colorado recognizes economic and non-economic damages.Economic damages include:
- Lost earnings
- Lost earning capacity in the future
- Loss of vacation time, sick time, and/or FMLA time
- Past and future medical bills
Non-economic damages include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of lifestyle
- Physical impairment
- Disfigurement & scarring
What happens during my first appointment with Denver Trial Lawyers ®?
Our initial consultation is free and nearly all of our cases are handled on a contingency fee or percentage basis. You will meet with an experienced Denver personal injury attorney to discuss your case.
You may discuss the details of the accident:
- When it happened
- Where it happened
- How it happened
- An inventory of insurance
- Any potential witnesses
We will meet with you in the hospital, rehabilitation facility or your home if you prefer. We will explain the laws that may apply to your case. We will provide documentation for your review and may request that you sign releases allowing us to obtain appropriate information including police reports, medical records and documentary evidence to support your claim.
How will I pay for legal fees?
Denver Trial Lawyers ® operates on a contingency fee basis, meaning that if there is no financial recovery you will not owe any legal fees.
Who pays the expert witness fees and expenses for my case?
We will advance the money for expenses during your case. Those out-of-pocket expenses are your responsibility, but only need to be repaid from your recovery.
How are personal injury claims calculated?
That is the ultimate question-we will analyze all of the issues regarding liability, comparative fault, economic losses, impairment, and permanent injury before providing you with a reasonable settlement range for your case. Many cases are resolved through voluntary and informal mediation or out of court. Our commitment is to maximize your recovery and every case is different. When we have all of the necessary information we will provide you with our opinion as to what your case is worth and why.
How do we assist you to obtain a fair settlement?
We will work with you to present a demand letter and evaluate a fair range for settlement. The insurance company for the defendant (or your own carrier pursuant to your uninsured/underinsured motorist coverage) may present us with a settlement offer. The decision to accept a settlement offer is yours and yours alone, but we will discuss the offer in detail with you. You and your attorney may make a counter-proposal to the insurance company’s settlement offer-if an agreement cannot be reached, we will discuss proceeding with litigation.
Will you help me prepare for settlement conferences, my deposition and trial?
We will take an extraordinary amount of time to make sure that you thoroughly understand what to expect at each step of the litigation process. Generally speaking, we will gather information and meet regarding a settlement demand before filing a lawsuit. In the event that we are unable to settle your case following the settlement demand, we may file in either the State or Federal court, depending on the law that governs your case.
We will meet with you prior to your deposition to explain the process and the topics. You are the most important member of the litigation team-we will not settle a case without your permission and you will be consulted throughout the course of the litigation.
How long will it take to get a trial date?
This varies greatly depending on the expected length of the trial and the court’s docket. Each courtroom has its own docket and timeframes. Once a lawsuit has been filed we can speak to you directly about the jurisdiction and individual courtroom practices and explain the anticipated schedule.
How do I know if I’m getting a fair settlement or if I should go to trial?
This is the key question in every case. We have handled thousands of personal injury cases and we routinely review the Jury Verdict Reporter which publishes every jury verdict in the State. Please remember that your case is like no other and accepting a settlement proposal is a complicated and important decision. You will be given our opinion on a reasonable settlement range but the decision to settle or go to trial is yours. We will give you our recommendations but we will never force you to settle a case or go to trial.