You’ve been injured in an accident and left with significant physical injuries that require immediate medical attention and potentially weeks or months of rehabilitative care.
You are forced to take a number of days off work due to the severity of your injuries resulting in significant financial hardship and stress.
It is in this scenario where a Colorado Springs personal injury lawyer can be of tremendous assistance to you and your family.
In this article we’ve provided a list of some of the key things that a personal injury lawyer will do to represent your interests and give you the best possible chance of achieving full and fail financial compensation.
Your Injury Lawyer Will Investigate the Accident
After a serious auto accident, you are likely feeling overwhelmed. You are damaged physically, financially, and emotionally. You probably do not want to spend a bunch of time re-living the accident by conducting an investigation into what exactly happened. This is what an attorney can do on your behalf.
They can visit the accident scene, take photographs, talk to any witnesses, contact any local business owners to see if they have surveillance video footage of the collision or contact the city to confirm whether they have traffic light camera footage.
Your lawyer can also contact the police and obtain a copy of the accident report. These are critically important steps to help build your potential personal injury claim against the other driver.
Your Personal Injury Lawyer Will Examine the Available Auto Insurance Coverage
Some people do not realize that the amount they can reasonably expect to recover through a personal injury claim is largely dictated by the amount of available automobile insurance coverage. This is because filing suit against the other driver individually limits you to the amount of assets the other driver may have (which could be close to zero) and the other driver could conceivably file for bankruptcy if they are ordered to pay a large damage award.
Instead, a personal injury claim is filed with the other driver’s auto insurance company. The amount of liability coverage available through the other driver’s policy will influence what you can actually expect to receive in a settlement or jury award. If the other driver lacks sufficient coverage, your lawyer will examine your own auto insurance coverage to see if you have underinsured or uninsured motorist coverage.
This is an additional form of coverage that can be accessed when your damages exceed the amount of coverage available through the at-fault driver’s policy.
Your Injury Attorney Will Assist with Health Insurance and Treatment Issues
If you have health insurance, you should use it to pay for any medical expenses you incur as a result of the accident. You can use those invoices as a basis for your economic damages claim.
If you lack health insurance and are in need of medical treatment, an attorney can help recommend a doctor, physical therapist, chiropractor, etc. who works on a lien basis. This basically means that you get medical treatment without having to pay money up front.
Once your case is resolved, a portion of the financial recovery is paid to the medical professional.
Your Personal Injury Attorney Will Manage Settlement Negotiations
Many people believe that if they hire a lawyer, it means they need to be prepared to testify in court in front of a jury. This is not accurate. The vast majority of personal injury lawsuits never wind up going all the way to trial.
Most, over 95 percent in fact, wind up settling out of court. Obviously, no lawyer can guarantee that your case will get settled, but the statistics point to this important fact.
Having a personal injury attorney negotiate with an insurance adjuster is a major benefit and will provide you with peace of mind that you are receiving legitimate, reasonable offers. Unfortunately, many auto insurance companies try to take advantage of claimants who do not have counsel.
They will make lowball settlement offers that do not properly compensate you for all of your harms and losses. An attorney can advise you of when a settlement offer is worthy of consideration, or not.
As the client, you retain the ultimate authority to accept a settlement offer or to go to trial.
Your Lawyer Will Engage in Pre-Trial Discovery and Take Your Case to Trial, If Necessary
If your attorney is unable to reach a fair and reasonable settlement with the auto insurance company, the next step is to file a lawsuit in a civil court. You only have two years from the date of the accident to file a lawsuit, so be cognizant that there is a finite period of time to engage in settlement negotiations and file suit. Keep in mind that even when a lawsuit is filed, settlement negotiations will continue.
Once a suit is filed, there will be a period of pretrial discovery, which includes both your attorney and the defendant’s attorney taking depositions of parties, any eyewitnesses and any retained experts. You will also need to respond to interrogatories and requests for production of documents.
Once discovery is done, a judge will schedule a trial date and your attorney will prepare opening and closing statements, examine and cross-examine witnesses, and try to convince a jury that you are entitled to your claimed damages.
Your Injury Lawyer Will Provide Important Legal Advice and Counsel Throughout the Process
An experienced and skilled Denver personal injury lawyer will make sure to instruct you on an array of important issues and topics that can significantly affect your ability to obtain a financial recovery, including:
- Advising you not to sign any documents sent to you by the insurance company prior to speaking with your lawyer.
- Advising not to provide a recorded statement to the other driver’s insurance company until you have made contact with an attorney.
- Checking in to ensure you are following your doctor’s suggested treatment plan.
- Counseling you on the importance of not posting messages or photos on Facebook, Twitter, and other social media platforms about your case.
Contact a Personal Injury Lawyer Today
If you or a loved one was injured in an accident in Colorado Springs, Denver, or Pueblo, you need to contact the experienced personal injury attorneys at McCormick & Murphy, P.C. Our law firm has more than 50 years of combined experience in representing people injured in preventable accidents. Schedule a free case evaluation today.November 19, 2017 | Personal Injury FAQs