Kim Welch Law – Attorney Serving Colorado Springs & Las Vegas https://kimwelchlaw.com Fri, 15 Jan 2021 18:25:31 +0000 en-US hourly 1 https://wordpress.org/?v=5.6 https://kimwelchlaw.com/wp-content/uploads/2020/04/cropped-SiteIdentity-1-32x32.png Kim Welch Law – Attorney Serving Colorado Springs & Las Vegas https://kimwelchlaw.com 32 32 What to do if you have been hit by an uninsured or underinsured driver in Las Vegas or Colorado Springs https://kimwelchlaw.com/what-to-do-if-you-have-been-hit-by-an-uninsured-or-underinsured-driver-in-las-vegas-or-colorado-springs https://kimwelchlaw.com/what-to-do-if-you-have-been-hit-by-an-uninsured-or-underinsured-driver-in-las-vegas-or-colorado-springs#respond Thu, 14 Jan 2021 16:56:10 +0000 https://kimwelchlaw.com/?p=1668 Being involved in a car accident is incredibly scary and can be quite serious. It can be a frustrating situation to deal with, and even more so if you have been hit by an uninsured driver. Sadly, this is quite a common occurrence. The Insurance Information Institute estimates that around 13% of US drivers don’t have […]

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hit by an uninsured driverBeing involved in a car accident is incredibly scary and can be quite serious. It can be a frustrating situation to deal with, and even more so if you have been hit by an uninsured driver. Sadly, this is quite a common occurrence. The Insurance Information Institute estimates that around 13% of US drivers don’t have insurance. This is around 1 in 9 drivers.

In cases where you have been involved in a car accident with an uninsured driver, there are a few avenues that you can go down to recover your costs, such as make a claim against your own insurance policy or personally suing the uninsured driver, although the latter option is likely not viable as that person may be judgment proof.

Why do some people not have insurance?

Surprisingly, uninsured drivers aren’t avoiding buying insurance because they don’t want to pay for it or that they forgot to renew their policy. In most cases, drivers don’t carry insurance because they cannot afford it.

This makes it a little more complicated to make a claim against the driver personally. There is a chance that they won’t have the assets to compensate you. This can leave you paying for your vehicle repairs, medical bills, and other expenses from the accident (for example, loss of earnings).

But just because someone claims to be uninsured, you shouldn’t simply take their word for it. You should still follow the same procedures that you would if you had a crash with an insured driver, such as making a note of their driver’s license number, license plate number, and contact information. You then need to pass this information on to your personal injury attorney and/or your insurer. They may have the tools/resources to see if they are, in fact, uninsured or not and can recommend what to do from there.

There is a further problem that you need to also consider. Most drivers only carry the minimum amount of coverage required by law. This amount differs per state and is often too low to cover all your costs. These underinsured drivers can often leave you footing the bill. But in the same way that you can pursue alternative avenues with uninsured drivers, you can do the same with underinsured drivers too.

Due to the complexities involved in suing an uninsured  or underinsured drivers, the need to work with a personal injury attorney increases. A personal injury attorney can help you through your claim and recommend the best course of action in seeking compensation. If you have recently had an accident with an uninsured or underinsured driver, then we encourage you to speak with Kim Welch Law. We offer a free consultation, so you have nothing to lose (and everything to gain) by speaking with us. You can call our team at (888) 590-5510 or get in touch through our contact page.

What options are available to you?

Uninsured and underinsured accident cases typically offer a few paths that you can take to recover your costs and be compensated.

  1. Claim against your own uninsured driver coverage. Many insurance policies will have uninsured or underinsured coverage. With this, you can claim against your own policy to recover your damages. Speak with your insurer to see if this is something that you have.
  2. Pursue a claim against the owner of the car’s insurance.The uninsured, at-fault driver may not be the owner of the vehicle. This gives you the opportunity to make a claim against the car owner’s insurance. The owner could be a parent of the driver, their friend, or a car rental company, etc. This option isn’t available to you if the uninsured driver is the owner of the vehicle.
  3. Suing the driver personally to claim against their personal assets.This is often difficult, because uninsured drivers may not have the assets to claim against to cover all your costs. But this is an option available to you. You should always have a consultation with a personal injury attorney before you try and sue the at-fault driver personally.

These three options may not be the only steps available to your and your situation. An experienced personal injury attorney will be able to give specific advice for your case.

How to stay protected in the future

Our first recommendation to you is to make sure that you have a comprehensive insurance policy. A policy that gives you the right cover if you ever have an accident. You should try and find insurance that provides you with sufficient:

  • Uninsured driver coverage
  • Underinsured driver coverage
  • Collision coverage.

Having these protections can help to reimburse many of your out-of-pocket expenses.

When making a claim on your own insurance policy, or if you take the uninsured driver to court, you will need to provide evidence that you were not responsible for the accident. Not only that, but you will need evidence of the expenses or bills that have come as a result of the accident as well.

You can find a full breakdown of what to do after a crash here. This guide walks you through the paperwork that you need to keep and how to record information after a car accident. This will help you when making a claim to an insurance company or in front of a judge. Some types of records to keep would include your medical bills and medical records from your doctor and a quote to fix your vehicle (or the bill if you have already taken it to a garage).

Bring this information to your personal injury attorney and together you can figure out which path to take to reclaim your costs/claim your compensation. You can then construct a plan of action to bring against the at-fault driver.

What to do next if you have been hit by an uninsured driver?

Making a claim against an uninsured driver is usually more difficult than against an insured driver. This is why it is highly recommended to do this while working with a personal injury attorney. The circumstances around the crash will be entirely different from most other claims of this type. Such as the amount of uninsured driver coverage that you have, or whether the uninsured driver has any assets. This is why we advise that you speak to our team at Kim Welch Law today.

Here at Kim Welch Law, we have years of experience in dealing with car accidents for both insured and uninsured drivers. Kim has years of experience litigating on behalf of insurance companies, and she now uses this knowledge to fight for you. She understands the way that insurance companies work, which is an invaluable tool in an uninsured driver collision.

To speak to Kim Welch Law today for a free consultation, please call (888) 590-5510 or complete our contact form. We provide a dedicated and thorough service to all of our clients, putting you at the center of your claim.

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What Do I Do If My Child Has Been Hurt In An Accident? https://kimwelchlaw.com/what-do-i-do-if-my-child-has-been-hurt-in-an-accident https://kimwelchlaw.com/what-do-i-do-if-my-child-has-been-hurt-in-an-accident#respond Tue, 15 Dec 2020 20:02:38 +0000 https://kimwelchlaw.com/?p=1610 Every parent’s worst nightmare is that their child will be in some form of an accident – regardless of who is at fault. No one wants to see their child hurt. But there are occasions where this is out of your control and something happens to cause your child harm. In the awful event that […]

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child injured in an accidentEvery parent’s worst nightmare is that their child will be in some form of an accident – regardless of who is at fault. No one wants to see their child hurt. But there are occasions where this is out of your control and something happens to cause your child harm. In the awful event that this happens, the law states that a child under the age of 18 is not able to make a claim on their own behalf. This means that you, their parent or guardian, will need to make a personal injury claim for them.

If your child has been injured in either Las Vegas or Colorado Springs, here is some advice around making a personal injury claim for them.

The basics

Each year in the United States, around 14 million teens and children are injured and 6,600 children die in accidents. Accidents are a common occurrence, but that does not mean that you should have to foot the bill. Your child should be compensated if they are injured and it isn’t their fault.

A child’s personal injury claim is made in pretty much the same way as a claim is made for an adult (you can find advice on personal injury claims here), but with a few differences. You will still speak with medical professionals, insurance companies, and a personal injury attorney (should you choose to go down this route). You will detail the facts, present evidence, and either agree on a settlement or take the case to court.

The main differences come in three areas:

  1. Where normal personal injury claims have a much shorter statute of limitations, a child’s personal injury claim can be made after their 18th birthday with varying statutes of limitations or time periods in which to make a claim. Your attorney will be able to explain these for your situation.
  2. The main caveat here is that you typically have a deadline to claim the child’s medical bills within. This varies by state and type of claim.
  3. Once you settle, the settlement will be brought in front of a judge to ensure that it is a fair value for the damages that the child has suffered.
  4. The settlement proceeds will be locked away in a restricted trust account that your child can access when they turn 21.
  5. Because of the complications surrounding deadlines by which to make a claim, we recommend that you speak with a reputable personal injury attorney as early as possible after your child is injured. If you need an attorney who can advise you and represent your child, then please speak with Kim Welch Law today. We offer a free consultation to help you get your bearings and figure out a plan of action for your child’s claim.

Communication problems

It is usually hard for a child to verbalize their injuries and sometimes may not want to do so with their parents. This isn’t something that you should take offense to but be mindful of. We recommend that soon after the accident, you take your child to speak with a specialist/pediatrician who works with kids every day. They will have experience in helping children explain how they’re feeling. This can highlight the problems, aches, or pains that they may be experiencing.

Children can also suffer from mental anguish or fear after a crash. Depending on their age, most children will not have fully developed the problem solving or logical areas of their brain. This is why you will often see trauma or PTSD in a child after an accident. Whether this is a dog bite, a car crash, or any other type of accident, the child may create associations. Such as associations between all dogs with the bite, or all car seats with the crash. This needs to be taken into account when you make a claim.

There is a burden of proof required for mental anguish. This, once again, may require you to speak with a pediatrician or child psychologist who can help your child put how they feel into words and prove the psychological harm done to your child.

Does age make a difference in my child’s personal injury claim?

Typically, it doesn’t, but this will come down to your situation and the severity of the injuries. If your 6-year-old child is in a car accident and loses the use of their legs, then we will look at and pursue compensation for the long-term impacts on that child.

In some cases, there could be the argument that the child had done something to “provoke”the accident, which is an attempt to “shift the blame.”Boys will be boys, that sort of thing. There may be the accusation that your child was petting a neighbor’s dog too hard or playing somewhere that they shouldn’t.Try to keep a detailed record of what your child told you happened and give this to your attorney.

Wrongful death

Should the worst happen, and your child loses their life, then you may be able to bring a wrongful death suit against the guilty party. This is likely the very last thing that you want to be thinking about, but this is here to remind you that you have options. No parent should ever have to bury their child. And no amount of compensation will ever fill the void left from the loss of your child. We advise anyone in this situation to speak to an attorney to find out their options.

What can I make a claim for on behalf of my child?

In addition to medical bills, mental anguish, and other damages, your claim can also include their future loss of earning potential. Your son or daughter may have dreams to become a fireman or Olympic athlete one day, and this injury may be the reason why this never happens.

There is also a type of damage called “loss of enjoyment of life.” If a child is now restricted to a wheelchair, they will no longer be able to run and play with their friends. This can be taken into consideration. Our children love to have fun and deserve to as well. Together we can work to include this in your claim.

How do I make a personal injury claim if my child has been in an accident?

The first thing to do when considering a personal injury claim is to be a parent. Make sure that they are safe, warm, and well. That is your number 1 priority. Let them know that they can talk to you if they need to and be there to love and look after them. You may also need to make some adjustments in the short to medium term to remove distress. Maybe don’t take them to the dog park or choose a different route to school.

The next thing to do is to take them to see a doctor. Your child may not have told you that anything is wrong because they don’t know how to. But having them speak with a trained professional who can help them verbalize the problem is so important. This also falls under the need to make sure that they are safe, warm, and well.

Finally, speak with a personal injury attorney. No matter the simplicity or complexity of your case, an attorney can help to guide your claim to a more successful conclusion and help your child get the compensation that they deserve. If your child has been hurt in an accident that wasn’t their fault, please get in touch with Kim Welch Law today. We have years of experience in helping you to maximize the result of your claim and help remove the stress. Your priority right now should be your child, and not dealing with insurance companies and at fault parties.

You can arrange a free consultation by completing the contact form on our site, or by calling us at (888) 590-5510. Our clients are our top priority, and we will fight like a bulldog for your child. So please, give us a call, and let’s see if we can help with your child’s claim today!

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Where do I stand if I have long term pain after a car accident in Colorado Springs or Las Vegas? https://kimwelchlaw.com/where-do-i-stand-if-i-have-long-term-pain-after-a-car-accident-in-colorado-springs-or-las-vegas https://kimwelchlaw.com/where-do-i-stand-if-i-have-long-term-pain-after-a-car-accident-in-colorado-springs-or-las-vegas#respond Sat, 12 Dec 2020 18:29:58 +0000 https://kimwelchlaw.com/?p=1592 An accident can be traumatic. Whether it is a little fender bender or something more serious. Our brains are wired in a way that creates a response to events that have the possibility of causing us harm. Depending on the response, you may suffer from some form of trauma. But in the hassle of speaking […]

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An accident can be traumatic. Whether it is a little fender bender or something more serious. Our brains are wired in a way that creates a response to events that have the possibility of causing us harm. Depending on the response, you may suffer from some form of trauma. But in the hassle of speaking to insurance companies to get your car fixed, or an attorney to help you make a claim, you can often miss the underlying symptoms that something has gone wrong– something with more longevity.

Two types of personal injury can occur from a car accident – short-term and long-term injuries. Short-term injuries typically last less than 3-6 months. Whereas long-term injury, or chronic injury, can impact you for years, if not for life. It may not be clear from day 1 that you have long term injuries following a car accident, but if you do then you have a right to compensation.

Insurers will often try to influence you to settle your case very early on. Offering you an enticing settlement figure that looks shiny and interesting today. But in reality, it will only cover short term suffering. Chronic illness has the potential to cost you tens of thousands of dollars through medical bills and adjustments required for your home. Taking an early settlement figure may leave you footing the bill should you need long-term medical support.

This is why you should speak to a personal injury attorney before you accept a settlement offer.

What are long term injuries?

You may have already assumed that a long-term injury is either whiplash or losing a limb. But in reality, there is a broad spectrum of pain and suffering that falls under this category. It could be physical problems such as:

  • Back pain
  • Herniated Disk
  • Spinal Injuries
  • Muscle strain
  • Tissue Damage

These physical injuries can really get in the way of day to day life. They might need you to make adjustments to your home, such as a special mattress or bed to help with getting up in the morning. You may need to install a stairlift or make adjustments to your car to help with driving. You might work in construction and can no longer do your job properly because your back simply can’t take the weight of lifting heavy objects.

Long term pain also can include long term mental or emotional pain such as PTSD. Remember what we said about trauma? Well, the best example of this is PTSD or posttraumatic stress disorder. You may have found that you struggle to focus following a car crash; maybe you have developed anxiety or have flashbacks to the accident? These are all symptoms of PTSD and can have serious impacts on the way that you live your life. PTSD can also get in the way of relationships and employment. It may have led to the breakdown of your marriage or being laid off because you aren’t able to produce the same quality of work that you before once were.

Both physical and mental symptoms may not have appeared immediately. Regardless, you should not have to live with them, and you may be entitled to compensation.

When symptoms start to get in the way of day-to-day life, it’s a sign that you need to take legal action.

When this is the case, you need to find a personal injury attorney who will work with you and your situation, without forcing you to attend meetings and make calls at inopportune times or go through the wringer to even get a phone call!

What can I make a claim for?

Claiming in a chronic personal injury case has many factors. The compensation that you may be entitled to is dependent on your circumstances. This is why it is important not to settle your case before you speak with an attorney.

Typically, there are a couple of different components to a claim:

  1. Medical expenses. Every appointment, consultation, surgery, or prescription that you need to have for your pain is an out of pocket expense that you can claim for. We will consider the longevity of your condition and calculate these costs going forward.
  2. Damages and out of pocket expenses. This is more than the cost to repair your car. It can also include your attorney fees and legal expenses. It may also include the cost of buying new quality of life resources for your home.
  3. Loss of earnings. If you broke your arm in a crash, or you have long term back pain, then you may not be able to do your job. It is not your fault that you cannot work and so you can make a claim to recover these lost earnings. This is one of the easier parts of the compensation calculation to figure out.
  4. Pain and suffering. We need to figure out what were you able to do that you can’t anymore. Are you unable to go for a daily run anymore? Maybe you played tennis at the weekend or go watched your kids play soccer. Or this could be something more heartbreaking like being unable to pick up your children for a hug. What are the things that you do, because you have to, but it has been made more difficult? Do you need a painkiller to do your job? We will calculate your condition’s impact on your life, then calculate a monetary value from there.

You may not know from the very beginning how much you will be out of pocket. You may have initially thought that you would be out of work for a month, but in reality, it has been much longer. You will get a better understanding of the real impact of your situation as time goes on.

You may not know how long pain and suffering are going to affect your life right now. As time goes on you will get a better understanding of whether this is going to be a 1 month, 6 months, 5 years, or life long impact.

Damages differ depending on whether you have a broken finger or a broken femur. One will take a lot longer to fix than the other.

How should I prepare for my personal injury claim?

Carefully. That is the word we would use in long term injury cases. You only have one shot at compensation for your injuries. If you are looking at a life long ailment, then you must tread carefully. If you work with our team at Kim Welch Law, we will start to construct the best case possible from day one. We will create a well thought out and thorough case by talking to you and your family members. We will speak with medical experts, and expert witnesses to figure out the impact and put a specific dollar amount to your claim. You can speak to us today for a free consultation at (888) 590-5510 or by completing our contact form.

You should not take a settlement offer without speaking with an expert personal injury attorney first. Statistically speaking, personal injury claim results are around 40% higher when you work with an attorney. When you are dealing with a possible lifelong injury, this extra settlement is vital to help with future medical bills and possible living adjustments.

You should also speak to a medical professional to understand the extent of your injuries. This could include a psychologist or psychiatrist if you have PTSD. They can offer both help and diagnosis.

From the beginning you should record any expenses too, and keep receipts. If you cannot drive because you broke your leg in the crash, then keep your Uber or Lyft receipts. Medical, physiotherapist, or alternative medicine bills should also be recorded. Not every insurer will reimburse the cost of seeing an acupuncturist, but if they do reimburse these expenses, it is good to have a paper trail.

Keeping a journal is a very good idea to explain the extent of your pain and suffering. Writing down what you can’t do now where you could before is an invaluable resource for a claim. The same goes for recording your pain levels each day. It has also been a proven technique in helping to handle chronic conditions.

Each of these tools is very helpful in creating evidence for your claim, but making sure that you take your time is the most important factor of all. In most cases, you only have 3 years to make a car accident personal injury claim in Colorado and 2 years in Nevada. Yet this does not mean that you should rush into it.

Speak with a personal injury attorney today to figure out the right course of action. A dedicated and experienced attorney will be able to guide you through the process and fight for the maximum compensation possible. We would be honored if you called our team at Kim Welch Law today at (888) 590-5510 to discuss your claim. Kim has decades of experience in personal injury, both working for insurance companies and now representing you, the injured party, to get the best result possible.

No matter the amount of compensation that you receive, it will never be a replacement for the freedom that you had before you were injured. However, you still deserve to get a fair and maximum value from your claim.

We pride ourselves on working with our clients to make the process as smooth and pain-free as possible. If you are suffering from any form of trauma following a crash that wasn’t your fault, then jumping through hoops for a phone call with your attorney is the last thing you’ll want to do. Our clients are our top priority, and so we will work with you in a way that is comfortable and convenient.

So please get in touch today if you need legal representation. We will fight like a bulldog to help you get the compensation that you deserve. To try and make sure that you will not go out of pocket and that you can live comfortably following a traumatic event. You can get in touch with our team by completing our short contact form or by calling (888) 590-5510 today. We look forward to your call.

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Can I Change My Attorneys If I Am Unhappy With My Personal Injury Attorney? https://kimwelchlaw.com/can-i-change-my-attorneys-if-i-am-unhappy-with-my-personal-injury-attorney https://kimwelchlaw.com/can-i-change-my-attorneys-if-i-am-unhappy-with-my-personal-injury-attorney#respond Wed, 25 Nov 2020 17:06:17 +0000 https://kimwelchlaw.com/?p=1578 It is quite common for someone who is making a personal injury claim because of an accident to start working with an attorney that isn’t right for them. If this describes you, don’t worry, you are not alone! There are a lot of people who aren’t happy with their attorneys. Not just that, but a […]

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Getting a new injury lawyer in Colorado SpringsIt is quite common for someone who is making a personal injury claim because of an accident to start working with an attorney that isn’t right for them. If this describes you, don’t worry, you are not alone!

There are a lot of people who aren’t happy with their attorneys. Not just that, but a lot of these people don’t realize that you can change your attorney if you want to. You have a right to choose the attorney that you want to represent you in your case, even though you have signed a contract. This is because the contract (or fee agreement as it is commonly called) is not set in stone.

Whether you are struggling with communication, you don’t work well with your attorney, or you believe that they are failing to represent your needs – you have a right to swap to a new attorney. If you have had an accident in either Colorado or Nevada and this describes you, I am available for a free consultation to look into taking over your case.

I’ve found that people often don’t change attorneys because they are worried:

  • That it will be a lot of extra work for them to deal with.
  • Their case will get set back by a few days/weeks/months, delaying the end result
  • How much it would cost to move the case to a new attorney?

In reality, there is very little extra work for you to do, the case normally isn’t interrupted and there will not be extra attorney’s fees for you to pay. In this article, I answer all these concerns with some detail. To help you figure out “should I change my attorney if I am unhappy with my current personal injury attorney.”

Should I change my personal injury attorney?

This question must be answered on a case by case basis. Your circumstances are personal, and so giving a straight “yes” or “no” wouldn’t be right. But, below are four questions to ask yourself. If you answer ”yes” to any of these questions, then you should call us at (888) 590-5510 to see if moving your case to Kim Welch Law is the right thing to do.

Is your current attorney bad at returning phone calls?

This is a huge frustration for many clients who switch attorneys. Lots of people wait for days to have their call returned, if at all. And when and IF they DO hear back from their attorney (and not just a staff member), often their question is not answered… or at least not answered sufficiently.

Your attorney should be keeping open lines of communication with you. You are the client, and this is your case. Keeping you informed and helping to answer your questions is extremely important. If your attorney isn’t answering questions satisfactorily or returning your calls, then you should consider moving your case to a new attorney.

Is your current attorney not replying to your emails?

Another communication issue. If your attorney takes days or weeks to reply to you, there could be a big problem. If there are any updates in your case, then your attorney should be keeping you informed. They should also be informing you promptly.

Even if there aren’t any updates to report, a little bit of communication is still important. Going weeks without hearing anything can be really disconcerting. If you are left wondering and worrying, then you may need to move to an attorney with better communication skills.

Are they not prepared for big meetings/important dates?

If your attorney is showing up to depositions or court dates and hasn’t prepared, then this is a huge red flag! You may not be as obviously unhappy as you are with the communication issues, but it is something to keep an eye out for.

Are they not living up to the set expectations?

I hear it so often that people hire attorneys based on their wonderful success stories and lavish claims… but there are times when this doesn’t translate to your case at all. Now, this could be due to several factors, not only inability. It could be that they don’t have experience in your type of claim, there could be personal issues going on, etc.

If your attorney fails to meet your expectations, you have a right to work with someone who can and will meet them.

When you interview new attorneys, ask them about their experience with your type of case. Ask for full transparency and all the information that you need to feel more comfortable with your future attorney. Learn from your current circumstances to find the best attorney for you.

Does it cost anything to change attorneys?

Changing attorneys doesn’t cost you anything extra. This is because we will arrange a division of the original fee between the law firms.

Arranging the payment is done through between the two (or more) attorneys with what is called an attorney’s lien. We will make an agreement that will compensate your old attorney for the work that they have done but still make sure that we are paid for the work that we will do. This way, it is completely fair for everyone. You don’t have to pay more than you already have agreed to pay; your current attorney will be paid for starting your case, and we will be paid for finishing it.

This isn’t something that you need to think about as our client. All you need to know is that changing attorneys won’t cost you anything extra.

As your new attorney, I do this for you to make sure that the process is as easy and streamlined for you as possible. You have been through enough already, and I will fight like a bulldog to ensure that you work with an attorney who is on your side and get you the compensation that you deserve.

If you are considering changing your attorneys, then call Kim Welch Law today at (888) 590-5510 for a free consultation. Or you can complete the contact form on my website. We can arrange an in-person consultation or a virtual consultation over the phone or over Zoom to discuss what has happened and why you’re unhappy with your current lawyer. I’ll then talk you through the process, step by step, and help you start to make the change.

My aim is to make this transition as easy and as smooth as possible for you. I will represent your best interests and explain exactly what is happening each step of the way.

How hard is it to change my attorney?

Changing attorneys is something that really requires very little effort on your part (except for finding the right attorney for you and your claim. This bit usually requires a little bit of work). The bulk of the work is carried out between your current and future attorney communicating with each other to transfer your claim.

What to do next if you want to change your personal injury attorney?

If you are making a personal injury claim, and the accident happened in the states of Colorado or Nevada, then get in touch with Kim Welch Law today.

Trusting your attorney is one of the most important parts of a personal injury claim. You need a lawyer that you are happy with, who communicates well with you, and that you have the confidence in to maximize your claim.

I have decades of experience in personal injury law, both working for insurance companies and against them, representing you. I use this unique experience of both sides of the system to provide the best service possible to all my clients. So speak to me today for advice around your claim and changing attorneys. I look forward to helping you.

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I’ve been bitten by a dog. Can I make a personal injury claim in Colorado Springs or Las Vegas? https://kimwelchlaw.com/ive-been-bitten-by-a-dog-can-i-make-a-personal-injury-claim-in-colorado-springs-or-las-vegas Thu, 05 Nov 2020 17:34:21 +0000 https://kimwelchlaw.com/?p=1555 Dog bites are not only painful but also unexpected. Most of the time you don’t see them coming. Everything is fine one minute and then suddenly a dog has locked its jaws around your arm or leg. The shock can often leave you feeling a bit confused and unsure how to proceed (and this is […]

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being bit by a dogDog bites are not only painful but also unexpected. Most of the time you don’t see them coming. Everything is fine one minute and then suddenly a dog has locked its jaws around your arm or leg. The shock can often leave you feeling a bit confused and unsure how to proceed (and this is doubly so if your child was bitten!).

Around 4.5 million dog bites happen every year in the United States. Dog bites are also most likely to happen to children aged 5-9. Around 800,000 of these bites are serious injuries that need medical attention. If you or a member of your family are one of these 800,000, you may be able to make a claim against the dog’s owner.

There are a few nuances involved in dog bite cases. The worst thing that you can do is make an assumption that you are entitled to x number of dollars because Linda from down the street got that much. Maybe you think that you’re not entitled to any compensation because the bite wasn’t from a Pitbull or Jack Russell? Or you think that you’re not entitled to any compensation because it wasn’t that bad.

Knowing what you’re entitled to and why you can and can’t claim it is important. This is why I have put together a breakdown, to answer the question “Can I make a personal injury claim because of a dog bite in Colorado Springs or Las Vegas?”

What do claims require?

For your claim to be considered following a dog bite, ideally, there should be three things:

  • Injury– did the bite cause bloodshed or break a bone? How severe is the bite and will it cause lasting scarring?
  • Insurance– does the dog’s owner have homeowners or renters insurance? Usually, this is the only way that the claim will be paid. This is because if they do not have insurance, it is a lot harder to make a claim as there may not be any money there for you to pursue.
  • Liability– is the dog’s owner liable (responsible) for the bite? Was the owner negligent, i.e. did they allow the dog to be let off the leash when they shouldn’t? Has the dog been trained not to bite? Does the dog have a history of biting or misbehaving?

It is worth noting that while you will be bringing a claim against the dog owner, it will be defended by their insurance company and any settlement will be paid for by the insurance company too. Often people worry about bringing a claim because the dog is owned by a friend or family member. This shouldn’t stop you because ultimately and ideally their insurance company will be paying the costs of defending the claim, as well as the damages.

Statute of limitations

In both Colorado and Nevada, there is a two-year statute limitations for dog bites. This means that a case must be settled within two years of the date of the bite or a lawsuit filed. Otherwise, you are not able to make a claim. You need to keep in mind that there could be other, sooner deadlines too.  This is why time is of the essence for seeking legal counsel to represent you in your time of need.

If you or a member of your family have been bitten by a dog then call Kim Welch Law today at (888) 590-5510 or get in touch through my contact page. I will represent your best interests and explain exactly what is happening each step of the way. Claim with clarity today.

What to do next

If you or a member of your family have recently been bitten by a dog, then you need to begin keeping records.

First of all, you should call animal control and file a report. Ask for a copy of this report and give it to your attorney.

Next, you should take photographs of the bite marks/wound. Both as soon as it happens and as time progresses. The wound is going to change over the next few days and weeks. The swelling will rise and fall, your bruising will get worse and then get better. So, take pictures of all of it and make sure that there are date stamps on them all.  A good idea with photographs of these sorts of wounds is to have a “scale object” in the picture. This could be a ruler or a quarter.

You should keep records of any interactions with the dog owner, with the police, or with your healthcare provider. Keep records of medical bills too. If you’re unable to drive then keep your receipts for any taxis or Ubers that you take until you can drive again.

If your child was bitten and they’re scared or upset, you may want to take them to a child therapist. You may be able to reclaim these costs as part of the insurance claim. Keep a record of the receipts and have the therapist write a report about your child to show where they were and their progress through the sessions.

Keeping these records in an organized file will really help you to feel in control of the situation. Keep all of your reports, photographs, and notes together in the same place. This will also make it much easier for you to provide evidence that your attorney may ask for.

Last, but not least, speak with an attorney as early as possible. As I mentioned before, dog bite cases have a two-year statute of limitations, and possibly some earlier deadlines. Getting the insurance claim started as quickly as possible is very important.

Not just that but speaking with an attorney can help you to understand what you can claim. You may be told by the insurance company that you will have your medical costs covered and nothing more. In most cases, you will be able to claim more than just the basic costs. But without knowing your rights, you may take the first offer given to you. Your claim is much more likely to be successful, and you are much more likely to get what you deserve, when you hire a dedicated and experienced personal injury attorney.

If you or a member of your family have recently been bitten by a dog, call us today for a free consultation. I have years of experience litigating on behalf of insurance companies that I now use to fight for you – the injured party. I will use this knowledge to represent your interests and get you the compensation that you are entitled to.

You can get in touch with Kim Welch Law by either calling us on (888) 590-5510 or using the contact form on our website. I provide a dedicated and thorough service to all of my clients; working with you at a time that is convenient for you and taking the time to ensure that you know exactly what is going on. Depending on your circumstances, making a claim following a dog bite can be overwhelming – but together we can help to remove the stress and worry from your case.

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What To Do If You Have Been In A Car Accident In Colorado Springs https://kimwelchlaw.com/what-to-do-if-you-have-been-in-a-car-accident-in-colorado-springs https://kimwelchlaw.com/what-to-do-if-you-have-been-in-a-car-accident-in-colorado-springs#respond Thu, 15 Oct 2020 20:08:02 +0000 https://kimwelchlaw.com/?p=1455 Raise your hand if this has ever been you. It’s Friday at 5 pm – you’ve had a long week at work that is finally over. You just want to get home and enjoy your weekend. Your mind drifts to what take out you’re having tonight. You then remember that you need to go pick […]

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A car accident in Colorado SpringsRaise your hand if this has ever been you. It’s Friday at 5 pm – you’ve had a long week at work that is finally over. You just want to get home and enjoy your weekend. Your mind drifts to what take out you’re having tonight. You then remember that you need to go pick up a bottle of wine to enjoy while you relax this weekend.

But suddenly you go through something that no one ever wants to experience. Another driver has been in too much of a hurry and has run a red light. Crash. Your car is hit in some form or another.

This experience is all too common. Around 120,000 car crashes happen every year in Colorado of all different degrees, with around 14,000 of these causing personal injuries. If you’re lucky, there is only a cosmetic damage to the car. But for those less fortunate this car accident could change your life forever.

But regardless of the circumstances, adrenaline usually kicks in as soon as it happens and you run out of the car to handle the situation head-on. This is not the way to handle a car accident.

To help you be prepared in case you are unfortunate enough to have this happen to you, here are 8 tips (well… 8 and a half) to help you if you have been in a car accident in Colorado Springs.

Note: this advice is good to know if you haven’t ever been in a car crash – it can prepare you for the future. But the advice here can help if you have recently had an accident and need to know what to do next.

Step 1: Do a body check

Like I said before, the first thing that most people do when they are in a crash is jump straight out of the car, to check the damage and address the other party. This is about 3 steps too early.

Car accidents can cause some serious injury, from broken bones to cuts and scrapes, to internal bleeding. This is why the first thing that you need to do is a body check, to make sure that you aren’t hurt. The adrenaline running through your body could help with the pain, but that doesn’t mean that it isn’t there. It’s recommended to pat yourself down to see if there is anything hurting. This is a physical body check to make sure that you are okay.

Check to make sure that you are okay, and then immediately check the others in your car. Always fit your oxygen mask first, right?

Make sure that everyone in your car is okay by asking them to do a physical pat-down too, including your children.

Step 2: Call 911

Next, you need to call 911 and ask for the police to come and file an incident report. This information will be very useful when making an insurance claim. Having the police on the scene can also prevent any confrontation with the other driver. Lastly, if the other party happens to be driving under the influence, then this is a criminal offense. The authorities will need to deal with this.

If anyone is hurt, request an ambulance when you call 911. It will take time for them to get there, so starting with this is the best thing to do. You can begin to deal with everything else while you wait for the paramedics to get there.

Explain to the 911 operator that there has been a car accident and that someone in your car is hurt. Make sure to tell them if the person that’s hurt is an adult or child, and give as much detail about the injury as possible.

Step 3: Be calm and safe

Once you have checked that everyone is safe and called 911, get out of the car and make sure that the other party are okay. I often find that starting the conversation with “don’t worry, I’ve called 911 and they’re on their way” will prevent any risk of confrontation. Keeping a level head here is going to keep you safe and away from the risk of a physical confrontation. People are often irrational after car crashes and this can cause some aggression. This statement will keep you safe from this 9/10 times.

If you can then the next thing to do is take all parties out of your cars, off the road, and away from oncoming traffic. Depending on the type of road that you are on, this is very important (there may be fast, oncoming traffic around you). Remember, safety first!

Step 4: Take photographs of everything

When I say everything, I mean everything. Getting as much photographic evidence as possible is invaluable in personal injury claims. Insurance companies will do everything that they can to reduce, or reject your claim. Being able to answer any questions with photographic evidence is so helpful.

A small list of things to take photos of are:

  1. Your own car. All the damage, inside and out. Did the airbags pop? Did glass smash? Get photos of the entire car, including your tires and seats.
    1. Note – tires are important because you may be asked about the tread and how worn they were before the crash.
  2. The other party’s car. This can often go a long way to prove the speed that they were driving and the severity of the situation. If your car is barely damaged, but theirs is totally destroyed, then proving your injuries is much easier.
  3. The road. Is the road wet or icy? Are there skid marks? Are parts of your car broken off and on the road?
  4. The environment around you. This will prove the weather.
  5. Your injuries, and the injuries of the people in your car.
  6. Your personal property in your car. Has your phone smashed? A laptop, tablet? Heck, even take photos of your children’s toys.

Be as detail-oriented as possible. You may find that your car has started to leak oil since the crash – get photographs of this. It is much better to have too many photos than not enough.

Step 5: Take note of everything

This is like the above but in more of a detailed way. Again, a list of the things to note down would be:

  1. A diagram of the scene.Draw what it all looks like, how did the car crash happen?
  2. What did the other party say? Did they ever say “sorry”, or admit that it was their fault? Write down their exact words
  3. How is the other party behaving? Take a note of this too
  4. Traffic conditions. Was there a lot of traffic? Was it fast moving?
  5. What was the speed limit, and approximately what speed were both parties doing?
  6. What was the weather like?
  7. Details of the cars. What was the make, model, color, and license plate of both cars
  8. What’s the condition of both cars?
  9. Passengers. How many people were in both cars? How old were they?

The most important thing here is detail and honesty. There is no point lying because it will probably go against you.

Having a detailed log of everything that happened will help in case you’re questioned about it all in 6 months. This log will help you keep your story straight and not move an inch away from the facts. Should the incident go to court, these facts are very important.

Step 6: Exchange information with the other party (AND witnesses!)

This is something that a lot of people rush straight into. But ensuring that everyone is safe and everything’s documented is the most important thing to do.

The information that you need from the other party is their license plate, driver’s license information, and who their insurer is. If they know their insurance policy number, that would be great too.

Were there any witnesses to the car accident? Take their name and phone number too.

Lastly, ask the police for a reference number for the report that they are filing.

Keep this information stored with the photos and notes that you have been taking. Again, make sure that you have too much information. Your attorney can help you to decide what you do and do not need.

Step 7: Call a personal injury attorney

Whether you feel that you need an attorney or not, it is a good idea to call one for a consultation. The next few months can be quite difficult; trying to manage your normal life while making a claim that is appropriate for your injuries and the damage to your vehicle.

Not only that, but on average in Colorado, personal injury claims are around 40% higher when you use an experienced personal injury litigator to fight for you. And when you are dealing with a long term injury and a lot of property damage, this extra 40% could be a world of difference for you.

When looking for a personal injury lawyer, you should aim to find someone available to help you when fits best for you. Someone who is happy to speak with you outside of the 9-5 workday, and can provide you with a caring and personable service.

If you are looking for an attorney who will provide a world-class service and meet you where you are, then please call (888) 590-5510 or get in touch today through my contact page. I will represent your best interests and explain exactly what is happening each step of the way. Claim with clarity today.

Step 8: Keep a record of your physical health over the next few weeks.

Often aches and pains can take a little while to set in. These can still be attributed to the crash and so you may be entitled to compensation. Neck and back pain can develop over time, so make sure that you keep a diary.

Note down how you are feeling each day and rank the pain on a scale of 1-10. Again, be 100% honest with this. Exaggerating the truth is not going to help in the long run.

It could also help to take regular photos of bumps and bruises. Keep this as a journal and mention it to your personal injury attorney. This can be used as extra evidence in your claim.

Bonus tip: Get a dashcam

You can buy dash cameras for a relatively cheap price these days, but they are unbelievably helpful in personal injury claims. Recording the events leading up to the crash can help to prove whether someone has run a red light, was distracted while driving, etc. They are hugely helpful pieces of equipment.

If you have been in a car accident that wasn’t your fault and you have been injured, then you are entitled to compensation to pay for your vehicle repairs, loss of earnings, and medical bills. If you are unfortunate enough to have permanent injuries, then you need to be compensated for these too. Having video evidence will be a huge help in these claims.

What to do next if you have been in a car accident in Colorado Springs?

If you are reading this because you have recently been in a car accident, then call me today on (888) 590-5510 to discuss your claim. I can help you understand your rights and explain what you can and cannot claim for.

Maximizing your claim is one of the most important parts of the months to come. You need a lawyer who will fight like a bulldog to get you what you deserve. So speak to me today for advice around your claim. I have experience litigating for and against insurance companies and will use this knowledge to represent your best interest and achieve the compensation that you deserve.

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Do I Need A Lawyer https://kimwelchlaw.com/do-i-need-a-lawyer https://kimwelchlaw.com/do-i-need-a-lawyer#respond Mon, 05 Oct 2020 21:58:06 +0000 https://kimwelchlaw.com/?p=1444 It’s a question that seems as old as time itself: Do I need a lawyer after a car accident? The answer is yes, you will need a lawyer. While Google can be a useful tool for many things, Google cannot give you the years of experience and education to equal that of a lawyer. A great […]

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Attorney Kim Welch will get you moneyIt’s a question that seems as old as time itself: Do I need a lawyer after a car accident? The answer is yes, you will need a lawyer. While Google can be a useful tool for many things, Google cannot give you the years of experience and education to equal that of a lawyer. A great lawyer knows how to maximize your compensation and take a lot of stress off of you. It comes from years of experience and dealing with the insurance companies, doctors and court systems.

Hiring an attorney will also save you the stress of having to go it alone. Don’t you have enough stress in your life without taking on the highly stressful task of being your own lawyer, which actually won’t save you any money?

Also, and importantly, there are lots of moving pieces involved in legal claims that the average person is unaware of or does not have the skills to handle, which can cause additional stress and mistakes in claim handling.  If a pipe burst in the wall of your house you would call a plumber, right?  If your car breaks down on the side of a freeway miles from anything, you would call for help, right? I know calling for help goes against our nature, particularly men who don’t even like to ask for directions honestly, but sometimes it is the best thing to do.

What can go wrong if you handle your own legal claim?  Well, let’s start with proving pain and suffering. How would the average person go about knowing how to value this part of their claim, or would they even know what it means?  It is more complicated than it sounds; it is a multifaceted component of damages.

Next problem: Setting up further/future treatment(s) as needed and getting the insurance company to pay for it. This sounds simple, except as with anything that sounds simple, it’s a bit complex. Insurance companies will not help you with this.  You have to prove it with adequate medical evidence. Do you know how to do that?

Another problem: getting compensation for lost wages or loss of employment: No insurance company, your own included, will even mention that you are entitled to lost wages or compensation for job loss caused by accident related injuries. You would be shocked how many people do not know this is something they can be compensated for or how to go about calculating the total to be claimed.

But still, can’t I just do it myself to save money? The answer to this is a resounding no, as you do not have the training and expertise to handle a legal claim, especially one that is not simple. Google cannot give you the same result as a professional lawyer. Google cannot arm you with the ins and outs that the insurance companies are ready to pounce with. Would you Google a surgery procedure and attempt it yourself? That would be crazy, right? Just because the information is there, it doesn’t mean you will be able to apply it to a legal claim. It is as simple as filing a form wrong or misspeaking that can lead you down a path that will negatively affect your case.

A mistake that those who represent themselves make is that they get worried that an offer will decrease. Insurance companies will use pressure to make you think this will be the best offer you will receive from them. It is in a sense a game, a waiting game at that. But without an attorney, people will play right into the insurance company’s hands and leave money on the table, which will go right back to the insurance company’s investors and stockholders, leaving you holding the bag for the damages that you weren’t compensated for.

It is true that many people have represented themselves and received compensation for their claims. However, you have to wonder how much better off they would have been with an experienced lawyer on their side? I have successfully helped many get the maximum compensation they deserve and fought for it every step of the way.

What if I were to tell you that you can I hire my law office for no money upfront and no out of pocket costs? Sounds too good to be true, doesn’t it?  But it’s not!  We will not take a dime from you until the case is over and we have settled your claim. And if your case is not won, you will not be responsible for any fees at all! That’s 100 percent correct, we will successfully handle your case, or we won’t get even a penny!

We are here for you; you are the reason we do what we do! Let us help during this incredibly stressful time!   It all starts when you contact my office at 888-590-5510 for a free, no obligation consultation. Let Kim Welch Law be a Bulldog for you!

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What Will It Cost Me to Hire an Accident Attorney? https://kimwelchlaw.com/what-will-it-cost-me-to-hire-an-accident-attorney https://kimwelchlaw.com/what-will-it-cost-me-to-hire-an-accident-attorney#respond Tue, 23 Jun 2020 17:53:34 +0000 https://kimwelchlaw.com/?p=1276 An accident attorney will take a percentage of the recovery from the insurance and will not charge any upfront costs.  The most common attorney fee agreements are fixed/flat rate fees, hourly fees  and contingency fees.  Unless you have had to hire an attorney before, most people don’t know in that you will agree to how […]

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Contingency lawyerAn accident attorney will take a percentage of the recovery from the insurance and will not charge any upfront costs.  The most common attorney fee agreements are fixed/flat rate fees, hourly fees  and contingency fees.  Unless you have had to hire an attorney before, most people don’t know in that you will agree to how your attorney will be paid before you hire the attorney, and, for some types of cases, especially injury claims, attorneys will offer a free consultation.  Free! So what do you have to lose other than a little time?

What exactly is a contingency fee agreement? This means the attorney will only be paid if there is money recovered. Or to put it more simply, you will not pay a dime out of pocket at any time!

It is estimated that there are about 5 million plus car accidents per year in the United States alone. Of which, 3.5 million people are injured or die. Those represented by an attorney typically receive 3.5 times as much as those that choose to represent themselves.  An attorney will pay for him or herself without a doubt and you won’t have the hassle and stress of dealing with the ins and outs of a legal claim, which you undoubtedly will not know how to navigate effectively and will likely cost yourself a lot more money than you will even pay an attorney.

Please contact my office at 888-590-5510 for a free no obligation consultation and let me be a Bulldog for you.

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Can I Switch Attorneys in The Middle of My Accident Case? https://kimwelchlaw.com/can-i-switch-attorneys-in-the-middle-of-my-accident-case https://kimwelchlaw.com/can-i-switch-attorneys-in-the-middle-of-my-accident-case#respond Tue, 23 Jun 2020 17:52:39 +0000 https://kimwelchlaw.com/?p=1274 Can I really switch attorneys in the middle of my accident case? Yes. What will it cost me?  Nothing additional! You can switch attorneys if you wish to do so in the middle of your accident case. There may be many reasons you have decided it would be in your best interest, such as feeling […]

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Can I really switch attorneys in the middle of my accident case? Yes.

What will it cost me?  Nothing additional!

You can switch attorneys if you wish to do so in the middle of your accident case. There may be many reasons you have decided it would be in your best interest, such as feeling your attorney has not paid enough attention to your case or your attorney has shown signs of incompetence.

How can I dismiss my current attorney ?

It’s as simple as the following:

  1. Call and say, “I no longer require your services, and my new attorney will be in touch.”
  2. Write a letter saying, “I no longer require your services, and my new attorney will be in touch.”

Better yet, find a new attorney and have him or her do that for you.  You will still pay attorney fees, but your attorneys will have to work that out amongst themselves.  You will not pay anything extra.  It’s a win, win!

Please contact my office at 888-590-5510 for a free no obligation consultation if you are unhappy with your current accident attorney and let me be a Bulldog for you!

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Did you know that there is a new Colorado law requiring insurance companies to disclose policy limits to those making an injury claim? https://kimwelchlaw.com/colorado-insurance-companies-must-disclose-policy-limits-to-those-making-an-injury-claim https://kimwelchlaw.com/colorado-insurance-companies-must-disclose-policy-limits-to-those-making-an-injury-claim#respond Tue, 23 Jun 2020 17:51:22 +0000 https://kimwelchlaw.com/?p=1272 So what exactly is C.R.S § 10-3-1117? The fact is very little is public knowledge of the recently passed law known as C.R.S. § 10-3-1117.  Not knowing about this law and how it works can severely affect your case.  That old saying, “KNOWLEDGE IS POWER,” really does come into play here. This new law states there […]

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hidden insurance lawsSo what exactly is C.R.S § 10-3-1117?

The fact is very little is public knowledge of the recently passed law known as C.R.S. § 10-3-1117.  Not knowing about this law and how it works can severely affect your case.  That old saying, “KNOWLEDGE IS POWER,” really does come into play here.

This new law states there is a limitation of thirty days, after a PROPER written request, for an insurer to provide the information and documents to a claimant that amounts to a full disclosure of an insurance policy and its limits that is available for covering the claimed losses.  The odds are you don’t know what that means, but don’t feel bad as laws are designed and worded to be confusing to the general public.

We know all that there is to know about this law, and many others that are applicable to the handling of your claim. This is one of the many reasons that you need an experienced attorney at your side after your injured.  Please contact my office at 888-590-5510 for a free no obligation consultation and let me be a Bulldog for you!

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