Frequently Asked Questions:
If you've been injured in an accident or due to someone else's negligence, you likely have many questions. At Cumberlege Law, we understand how overwhelming this can be, so we've compiled answers to the most frequently asked questions about personal injury claims and lawsuits. For more details, or to discuss your specific situation, contact us for a free consultation. Sometimes, simply speaking with a knowledgeable attorney can help put your mind at ease and protect your rights.
WHEN DO I HAVE A PERSONAL INJURY CLAIM?
You may have a personal injury claim if you’ve suffered physical, emotional, or financial harm due to someone else’s negligence. The negligent action doesn’t have to be intentional. Even if you share some responsibility for the incident, you can still file a claim if the other party is primarily at fault (51% or more).
Common incidents that can lead to personal injury claims include:
Auto accidents (e.g., car, truck, or motorcycle)
Pedestrian accidents
Slip and falls (premises liability)
Dog bites
Defective products (product liability)
Workplace or construction accidents
In order to pursue a claim, you must have suffered damages—such as medical bills, lost wages, or emotional distress—as a result of the negligence.
What Damages Can I Recover in a Personal Injury Claim?
If you've been injured due to someone else's negligence, you may be entitled to compensation for the following types of damages:
Medical expenses (past and future)
Aggravation of pre-existing conditions
Lost wages and/or loss of earning capacity
Property damage
Pain and suffering
Emotional distress
Physical disability
Scarring or disfigurement
Loss of enjoyment of life
Loss of consortium (compensation for the impact on your relationship with your spouse)
Each case is unique, and the damages you may recover depend on the circumstances of your injury.
I Think I Have a Personal Injury Claim. What Should I Do Now?
If you believe you have a personal injury claim, it’s essential to speak with an experienced personal injury attorney as soon as possible. A lawyer can assess the details of your case, help you understand your legal rights, and create a strategy to protect your claim.
Insurance adjusters work to pay as little as possible on claims, which is why having an attorney on your side can make a significant difference. A lawyer will negotiate with the insurance company, guide you through the claims process, and help you recover the compensation you deserve.
How Long Do I Have to File a Personal Injury Claim?
The amount of time you have to file a personal injury lawsuit is governed by the "statute of limitations," which varies by state and type of claim.
In Colorado, the statute of limitations is:
Three years for personal injury claims involving motor vehicles.
Two years for other types of personal injury claims.
It’s crucial to file your claim before the statute of limitations expires. Once the deadline passes, you may lose your right to compensation. Always consult with an attorney to ensure you file your claim on time.
Can I Handle a Claim Myself? Should I Talk to an Insurance Adjuster?
While it is possible to handle a personal injury claim on your own, it is not advisable. Insurance adjusters are trained to minimize payouts, and they will often use tactics to reduce the value of your claim. For example:
Asking for a recorded statement that could be used against you.
Requesting that you sign a medical release form to access your full medical history, which may be used to argue that your injuries were pre-existing.
Having an attorney to handle negotiations with the insurance company can help ensure that you receive fair compensation. At Cumberlege Law, we offer a free consultation, so there’s no risk in exploring whether we can help with your case.
What If the At-Fault Party Is Uninsured? Do I Still Have a Claim?
Yes, you can still file a claim if the at-fault party is uninsured or underinsured. In Colorado, all insurance companies offer uninsured/underinsured motorist (UM/UIM) coverage. If the at-fault driver lacks sufficient insurance to cover your damages, you can file a claim under your own UM/UIM policy, unless you specifically waived UIM coverage when you purchased insurance. This coverage can apply to auto accidents, as well as incidents involving bicyclists and pedestrians.
Even though you’ll be dealing with your own insurance company, it’s important to have an attorney to ensure that you recover the compensation you’re entitled to.
What Can I Expect if I Deal with an Insurance Company on My Own?
Insurance companies often take steps to protect their financial interests, which may seem reasonable but can significantly reduce the value of your claim. For instance, an adjuster might come across as friendly and concerned about your situation, potentially suggesting that they’ll cover all your damages. However, it’s important to be cautious, as this is rarely the case.
Once trust is built, adjusters might employ tactics that can diminish the value of your claim. For example, they may ask you to sign a medical release form, which often gives them access to your full medical history. With that access, they may look for reasons to blame your injuries on a pre-existing condition and ultimately refuse to compensate you fairly. Additionally, they may request a recorded statement, claiming it is necessary for their investigation. Adjusters know how to frame questions to benefit their case, and without realizing it, you might say something that negatively impacts your claim.
If you’re handling the claim yourself, expect these types of tactics. However, it’s usually best to consult an attorney before speaking with an adjuster to protect your rights. Politely decline to discuss your claim until you’ve had legal guidance.
While you might feel confident handling the situation, it’s always in your best interest to work with an attorney who can manage the complexities of your case. At the very least, take advantage of a free consultation to see how we can help—there’s no cost for this, and we work on contingency, meaning we only get paid if we recover compensation for you.
How Do I Choose the Right Lawyer?
Choosing the right attorney often comes down to personal preference. Some people might prefer a larger firm they’ve seen on TV, but this can sometimes lead to feeling like just another case file in a large pool of clients. It’s not uncommon for us to work with clients who have left bigger firms because they felt ignored or didn’t have direct access to their attorney.
At our firm, we prioritize direct communication. You’ll always have access to your lawyer, and we take pride in fostering close relationships with our clients, making sure you feel supported and informed throughout your case. Additionally, it’s important to select an attorney with courtroom experience. Many people are surprised to learn that not all lawyers regularly step into court. While our goal is to resolve cases outside of court, we’re prepared to fight for you in trial if necessary. Insurance companies know that we’re willing to take a case to court, which can give us leverage during negotiations.
When you meet with a potential lawyer, remember that it’s as much about you interviewing them as it is about them evaluating your case. It’s crucial to feel comfortable with the attorney you choose.
How Much Is My Case Worth?
It’s important to be cautious of advertisements that guarantee large sums of money for injury cases. The reality is that every case is different, and there’s no simple formula for determining how much your case is worth. The value of your claim depends on several factors, including:
The medical costs you’ve incurred.
The severity and permanence of your injuries.
The amount of time you’ve missed from work.
The extent of your pain and suffering.
Whether the at-fault party's liability is clear.
Whether your case is resolved through settlement or trial.
The financial resources of the at-fault party.
There are many other factors that can influence the value of a case, which is why consulting with an attorney is critical. They can help assess the unique circumstances of your case and provide a realistic outlook on what to expect.
What If the At-Fault Party Is Uninsured? Do I Still Have a Claim?
Yes, you may still have a claim, even if the at-fault party is uninsured. Most states, including Colorado, require drivers to carry a minimum level of liability insurance—$25,000 in Colorado—but unfortunately, some people fail to comply with these laws. Additionally, there are situations where the at-fault party’s insurance may not be enough to cover the full extent of your damages (this is referred to as underinsured motorists).
If you have uninsured/underinsured motorist coverage (UM/UIM) on your auto insurance policy, you can file a claim with your own insurer to cover the remaining damages. UM/UIM coverage can also apply if you were a pedestrian or bicyclist when injured. It’s important to check your policy to understand how much coverage you have and under what circumstances you’re covered.
Dealing with your own insurance company can be just as challenging as dealing with another person’s insurer. Even though it’s your insurer, they may still seek to minimize the amount they pay out. Additionally, there are often specific requirements and processes for making a UM/UIM claim, so working with an attorney who understands these complexities can help ensure you receive the compensation you deserve.
Do I Have to Pay for a Case Evaluation?
No, our initial consultations are completely free. We offer this service to help you understand your case without any financial commitment.
How Does Your Fee Structure Work?
We handle personal injury cases on a contingency-fee basis. This means you don’t pay us upfront or out of pocket. Instead, our payment is a percentage of the amount we recover on your behalf. If we don’t secure a recovery for you, you don’t owe us anything.
Disclaimer:
The information provided here is for general purposes and is not intended to be legal advice. You should consult an attorney for advice tailored to your specific situation. Feel free to contact us, and we’d be happy to discuss your case. Please note that contacting us does not establish an attorney-client relationship. Do not send confidential information until that relationship has been formed.
To schedule a free consultation, call us at (720) 446-9533 or fill out the form below. This is an opportunity to talk with a trusted advocate, ask questions, and find out how we can help you pursue the compensation you deserve.
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