Colorado Legal FAQs

What happens if you do not win a fair settlement in my case?

If the law firm is unable to secure a settlement for your case, you don’t owe us a dime in legal fees. Flanagan Law operates on a contingency fee basis which simply states: Don’t Pay Unless We Win. While we are confident that if we decide to take your case, we can bring it to a satisfactory conclusion, there are no guarantees. But we will not ask you to pay for legal services that fail to recover financial compensation for you or your family.

Should I seek medical treatment after a car accident even if I don’t feel hurt?

Yes. Let us repeat that so that it sinks in: yes, you absolutely should seek medical attention after a car accident, regardless of how good you may feel in the immediate aftermath. This may be vitally important to your car accident claim. Some injuries take time to manifest. Suppose you did not seek medical care after the accident, and the injuries develop later. In that case, the insurance company may claim that the injuries are unrelated to the accident, and your claim could be dismissed.

Will my personal injury case go to trial? Will a judge and jury decide my fate?

It is doubtful that your case will ever go to trial in a Colorado courtroom. Most personal injury cases are settled out of court long before the trial date. However, there are exceptions. If there is an extreme disconnect in relation to the facts at the heart of the case or some other legal issue, it may be necessary to bring the case to trial. If you do have to appear in a courtroom, don’t panic. Your lawyer will help prepare you.

Is Colorado a comparative fault state?

Yes. Some states are no-fault states, but Colorado is a comparative fault state. What this means is that more than one party may be considered at fault for an accident. For example, even though you may be the injured victim of an accident, it’s possible that you held partial or equal blame for the accident occurring. If you were 30% responsible while the other party was 70% responsible, then the compensation and damages will reflect that. This means that those who are held partially accountable may receive a smaller settlement.

Do I need to pay medical bills and other expenses myself until the case is resolved?

Unfortunately, yes. Until liability is firmly established, all costs relating to the accident must come out of your pocket. Later, if your case successfully secures a settlement, you will recover the money you initially had to spend. Thankfully, there is MedPay. Similar to the personal injury protection (PIP) coverage in other states, MedPay insurance helps victims settle certain expenses following an accident. Unfortunately, MedPay does not offer all of the same benefits as PIP, as MedPay does not cover lost wages.

What is the statute of limitations for a personal injury claim in Colorado?

For most personal injury cases, medical malpractice claims, product liability cases, and wrongful death claims in Colorado, the statute of limitations is two years. This means that if you do not file a personal injury claim within two years of the accident, your claim may be dismissed. Exceptions apply, however. Car accident victims have a three-year window in which they may file a claim. If a government entity is to blame, the claim must be filed within 182 days of the accident, or it will be dismissed.

What if an insurance adjuster tries to contact me following an accident?

An insurance adjuster may contact you following an accident, perhaps early enough to arrive at the scene of a car crash. You do not have to speak with insurance adjusters. They may be insistent about the importance of their role or come across as friendly and sympathetic. But their job is to reduce the insurance company’s payout to accident victims. Anything you say can be used against your claim. Insurance adjusters or other representatives of other parties should talk to your lawyer rather than you.

I need money now. Should I accept the insurance company’s initial settlement offer?

We understand that accepting an offer can be tempting, especially if money is tight after an accident. But please keep in mind that insurance companies will almost certainly lowball you with their initial offer. The initial offer is never as high as they’re willing to go, and they most likely can be talked into providing more compensation in negotiation. Instead of accepting the offer, consult with a personal injury lawyer with experience in cases such as yours. We can help you get more.