If you’ve been injured in an accident, you may have questions about your rights, insurance coverage and whether you need a personal injury attorney.
Unfortunately, misconceptions about personal injury lawsuits in Colorado can prevent injured people from understanding their options or seeking compensation for their injuries.
Some people believe every personal injury case ends up in court. Others assume hiring an attorney is too expensive, that insurance companies will automatically offer fair settlements or that being partially responsible for an accident means they cannot recover anything.
Let’s clear up nine common misconceptions about personal injury claims and lawsuits in Colorado.
Myth #1: Every Personal Injury Lawsuit Goes to Trial
Many personal injury claims are resolved through negotiations without going to trial.
An attorney may investigate the accident, gather evidence, review medical records, calculate damages and negotiate with the insurance company.
If a fair settlement cannot be reached, filing a lawsuit may become necessary. Even after a lawsuit is filed, the case may settle before trial.
The goal is to pursue appropriate compensation for the injuries and losses involved, whether that happens through negotiation or litigation.
Myth #2: Hiring a Personal Injury Attorney Is Too Expensive
After an accident, medical bills and lost wages can make the thought of hiring an attorney overwhelming.
However, personal injury attorneys commonly work on a contingency fee basis.
Rather than charging hourly attorney fees upfront, the attorney’s fee is generally based on a percentage of the compensation recovered.
At Kim Welch Law, personal injury cases are handled on a contingency basis, with no upfront attorney fees.
Clients should still understand their fee agreements, including how litigation expenses and other costs are handled.
Myth #3: The Insurance Company’s First Settlement Offer Is Fair
Insurance companies investigate claims and evaluate what they believe should be paid.
But an initial settlement offer may not reflect the full extent of someone’s injuries and losses.
Depending on the circumstances, a personal injury claim may involve medical expenses, lost income, future treatment, reduced earning capacity, pain and suffering and other damages.
Accepting an early settlement can be particularly concerning when medical treatment is ongoing or the long-term effects of an injury are still unknown.
Before agreeing to a settlement, make sure you understand what the offer covers and what rights you may be releasing.
Myth #4: You Cannot Recover Compensation if You Were Partially at Fault
Colorado follows a modified comparative negligence rule.
Under Colorado Revised Statutes § 13-21-111, an injured person may still recover compensation when their negligence is less than the negligence attributed to the person or parties legally responsible under the applicable rules.
However, compensation is reduced according to the injured person’s percentage of fault.
For example, if someone suffers $100,000 in damages but is found 20% responsible for the accident, the recoverable damages may be reduced to $80,000.
If the injured person is found 50% or more responsible under the applicable comparison, recovery is barred.
Determining fault can involve witness statements, photographs, video, accident reports and other evidence.
Don’t assume an insurance company’s determination of fault is necessarily the final answer.
Myth #5: You Have Plenty of Time to File a Personal Injury Lawsuit
Colorado has legal deadlines for filing personal injury lawsuits, known as statutes of limitations.
But not every injury claim has the same deadline.
Many negligence-based personal injury lawsuits in Colorado are generally subject to a two-year statute of limitations.
However, bodily injury claims arising from the use or operation of a motor vehicle generally have a three-year limitations period.
Different deadlines, notice requirements and exceptions may apply depending on the circumstances, including claims involving government entities.
Waiting too long can jeopardize your ability to recover compensation.
It can also make evidence more difficult to obtain as witnesses become harder to locate, surveillance footage disappears and memories fade.
Myth #6: You Don’t Have a Case if Your Injuries Seem Minor
Not every injury is immediately apparent after an accident.
Someone involved in a car accident may initially feel fine but develop neck pain, back pain, headaches or other symptoms afterward.
Other injuries may require additional medical evaluation before their full extent is understood.
The seriousness of an injury claim depends on the circumstances, medical evidence, liability and resulting damages — not simply how dramatic the accident appeared.
At the same time, not every minor accident results in a viable personal injury lawsuit.
Seeking appropriate medical attention and documenting symptoms can help establish the nature of the injuries and their connection to the accident.
Myth #7: The At-Fault Driver’s Insurance Will Automatically Pay Your Medical Bills
Many people assume that if another driver caused an accident, that driver’s insurance company will immediately pay all their medical expenses.
Unfortunately, the process is often more complicated.
Medical bills may initially be handled through health insurance, available automobile medical payments coverage or other applicable benefits.
The injured person’s claim against the responsible party may later include compensation for qualifying medical expenses.
Medical providers and insurers may also have reimbursement rights that need to be addressed when a claim settles.
Understanding how medical expenses are being paid — and what obligations may remain — is an important part of evaluating a personal injury settlement.
Myth #8: Your Attorney Makes All the Decisions About Your Case
A personal injury attorney can investigate an accident, evaluate evidence, negotiate with insurance companies and recommend whether a settlement offer should be accepted.
But the decision to settle belongs to the client.
Your attorney should explain the advantages, disadvantages and potential consequences of a proposed settlement so you can make an informed decision.
You should also feel comfortable asking questions about your case, including its progress, settlement offers, litigation strategy and attorney fees.
Communication is an important part of the attorney-client relationship.
If you’re unhappy with your current representation, you may also have options for changing attorneys.
Myth #9: Personal Injury Lawsuits Are Just About Getting Money
Personal injury lawsuits are sometimes portrayed as attempts to profit from accidents.
But serious injuries can create financial and personal consequences that last long after the accident itself.
Medical treatment, rehabilitation, lost income and permanent physical limitations can affect nearly every part of someone’s life.
Personal injury law provides a way for injured people to seek compensation for legally recognized losses caused by another person’s negligence or wrongful conduct.
Depending on the circumstances, compensation may include medical expenses, lost earnings, pain and suffering and other damages.
No settlement can reverse an injury. But compensation can help address its consequences.
Understanding Personal Injury Lawsuits in Colorado
Every personal injury case is different.
The circumstances of the accident, available insurance coverage, medical evidence, applicable Colorado laws and degree of fault can all affect whether compensation is available.
That’s why relying on assumptions about personal injury lawsuits can lead to costly mistakes.
Whether you’ve been injured in a car accident, commercial truck accident, pedestrian accident, slip and fall or another incident, understanding your legal options can help you make informed decisions.
Questions About a Personal Injury Claim in Colorado? Contact Kim Welch Law
Kim Welch Law represents injured people in Colorado Springs and throughout Colorado, including communities from Denver to Pueblo.
Before representing injured clients, Attorney Kim Welch worked on the other side representing insurance companies. For more than 30 years, she has used that knowledge to help injured people navigate insurance claims and pursue compensation.
Kim Welch Law offers free case evaluations with no obligation. We’ll give you an honest assessment of where your case stands and what we can do differently. Contact us here. You can also find us on Facebook for Nevada or Colorado. Feel free to check out our Colorado Springs office review here and our Henderson, Nevada office here.
Colorado Springs and Las Vegas/Henderson, NV: (888) 590-5510 Website: www.kimwelchlaw.com