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Ask an Expert: Answers to Common Personal Injury FAQs

The attorneys at King & Beaty answer the most common personal injury FAQs they hear every day. Because when you are injured, you need answers fast.
Oct 14, 2024
King and Beaty - Colorado Springs attorneys answer personal injury faqs

As personal injury attorneys in Colorado Springs, we are happy to provide accident victims with answers to their personal injury FAQs (frequently asked questions). We know that in the aftermath of a serious accident that leaves you in pain, you need answers fast.

Accidents happen without warning, leaving victims reeling from physical injuries, emotional trauma, and financial burdens. You likely feel lost and uncertain about your rights and the legal recourse available.

Personal Injury Law is Complicated

Personal injury law in Colorado can be tricky, especially when you’re already grappling with the physical and emotional toll of an accident. From negotiating with insurance companies to understanding the impact of social media on personal injury claims, you need help to protect your interests and ensure you receive the compensation you deserve.

Personal Injury FAQs – The Answers You Need

While every accident with injuries has its unique circumstances, the attorneys at King & Beaty are here to help with answers to your questions.

Do I Have a Valid Case?

One of the most pressing personal injury FAQs that arise after an accident is whether your injuries are serious enough to sue and if you have a valid case for a personal injury claim. The answer lies in determining if the other party’s negligence directly caused your injuries. Negligence can take many forms, such as a failure to maintain safe premises, distracted driving, or manufacturing defective products.

For a personal injury claim to be valid you must meet four essential elements:

Duty of Care: The other party had a legal responsibility to exercise reasonable care to prevent harm.

Breach of Duty: The other party failed to uphold their duty of care because of negligent actions or inactions.

Causation: The other party’s breach of duty directly caused your injuries.

Damages: You suffered quantifiable losses, such as medical expenses, lost wages, or pain and suffering.

At King & Beaty, our experienced Colorado Springs injury accident attorneys will evaluate the specifics of your case and determine whether you have a valid claim.

King and Beaty - Colorado Springs attorneys answer personal injury faqs

What is the Value of My Case?

After determining whether or not you have a valid case, the next most common personal injury FAQs involve the value of your claim. Determining the value of a personal injury case is a complex process that considers various factors, including:

Medical Expenses: All past, present, and future medical bills resulting from the injury, such as hospital bills, rehabilitation, and ongoing treatment.

Lost Wages: Loss of income due to the inability to work during recovery and loss of potential future earning capacity diminished by the injury.

Pain and Suffering: Financial compensation for any physical and emotional distress endured because of the injury.

Property Damage: The repair or replacement cost of any damaged property, such as a vehicle.

When you meet with an attorney for your free consultation, they will carefully analyze these factors, as well as any unique circumstances surrounding your case, to calculate a fair and reasonable settlement amount.

Will My Case Go to Trial?

One of the most common personal injury FAQs is whether victims will have to testify in court. Many injury victims shy away from the idea of a lengthy court trial. The good news is that the majority of personal injury cases are resolved through settlements.

However, there are instances where a trial may be necessary. This can occur if:

  • The defendant or their insurance company refuses to present a reasonable settlement.
  • There are disputes regarding liability or the extent of damages.
  • The plaintiff wishes to pursue a trial for various reasons.

But never fear. If your case proceeds to a court trial, your attorney will be by your side to prepare you for the process, which may involve depositions, gathering evidence, and presenting your case before a Colorado Springs judge or jury.

What Questions Will I Face During a Deposition?

A deposition is a formal, recorded interview conducted by the opposing party’s attorney. During this process, you will answer a range of questions related to your case, including:

  • Background information, such as your employment history and family details.
  • Your medical condition before and after the accident.
  • Specific details about the accident that resulted in your injuries.
  • What medical treatment you have received so far and its impact on your life.

While this may seem intimidating, rest assured that you are not left to fend for yourself during the deposition. Your attorney will be present to provide guidance and support during the entire process, so you know your rights are protected and you are prepared for any questions from opposing counsel.

King and Beaty - Colorado Springs attorneys answer personal injury faqs

How Long Will the Legal Process Take?

When you are injured and in pain, with medical bills stacking up, you want a quick resolution to your claim so that you can move on with your life. While that desire is understandable, the answer to personal injury FAQs about how long the process takes are not always easy to answer. Why?

Because the duration of a personal injury case can vary significantly depending on several factors, such as:

  • The complexity of the case and the number of parties involved.
  • The severity of your injuries and the extent of your recovery.
  • Whether the parties are willing to negotiate a settlement.
  • Whether the case proceeds to trial or resolves through a settlement.

While some cases may last only a few months, others can take years, especially if they involve extensive legal proceedings or appeals.

Your attorney will keep you up-to-date throughout the process and provide realistic timelines based on the specifics of your case.

Related: What is the Average Time to Settle Personal Injury Claims in Colorado?

Should I Accept the Insurance Company’s Settlement Offer?

Don’t be deceived by the friendly advertising you see on TV. Insurance companies are businesses driven by profit, and their primary goal is to minimize payouts. As a result, their initial offer to settle is often significantly lower than what you may be entitled to receive.

While accepting an insurance company’s initial offer may seem tempting, as it provides a quick resolution, it is wise to consult the personal injury attorneys at King & Beaty before making any decisions. We have the experience and tenacity to evaluate the offer and challenge the settlement as appropriate.

Do I Really Need an Attorney?

The simple answer to personal injury FAQs like this one is a resounding “yes.”

While it is possible to handle a personal injury claim without legal representation, doing so can be incredibly challenging and may result in a lower settlement or even a dismissed case. Personal injury attorneys possess the knowledge, experience, and resources necessary to get you the compensation you deserve.

By hiring an accident attorney, you gain access to:

  • An expert in personal injury law and negotiation tactics.
  • Thorough investigation and evidence gathering.
  • Proper calculation of damages and fair compensation.
  • Representation during settlement negotiations or court proceedings.
  • Protection from insurance company tactics aimed at minimizing payouts.

With your future on the line, why would you settle for less than you deserve?

What Should I Bring to My First Meeting with an Attorney?

To ensure a productive initial consultation with the personal injury attorneys at King & Beaty, you should gather and bring all relevant documentation related to your case. This may include:

  • Medical records, including diagnoses, treatment plans, and bills.
  • Police reports or incident reports, if applicable.
  • Contact information and statements for any witnesses to the accident.
  • Insurance information and any correspondence with insurance companies.
  • Receipts for medical equipment, transportation costs (i.e., ambulance transfer to hospital), or any other expenses related to your injury.
  • Documentation of lost wages or income.

Providing these documents during the initial case evaluation will help the lawyer understand the details of your case and give you an accurate assessment of your legal options.

What Should I Expect During the Initial Consultation?

During your free consultation with an accident lawyer, will want a detailed account of the incident that caused your injuries, including:

  • The circumstances leading up to the accident.
  • The nature and extent of your injuries.
  • The medical treatment you have sought and are currently receiving
  • Any impact the injury has had on your personal and professional life.

The attorney will answer any other personal injury FAQs you may have, as well as explain the legal process in terms easy for you to understand, your rights, and all the potential outcomes of your case.

Remember, this is an opportunity for you to ask questions as well. For more information on what types of questions to ask during this meeting, please read our blog article, What to Expect During Your Personal Injury Lawyer Free Consultation.

King and Beaty - Colorado Springs attorneys answer personal injury faqs

How Much Will a Personal Injury Attorney Cost?

Personal injury attorneys like King & Beaty work under contingency fee arrangements, which means we only get paid if we are successful. The contingency fee is a percentage of the total amount recovered.

Remember, any reputable Colorado Springs personal injury attorney will provide a clear and transparent contingency fee structure upfront, ensuring you understand the associated costs before proceeding with your case.

Facing Your Future With Confidence

Accidents with injuries will likely leave you with more personal injury FAQs that need answers. At King & Beaty, we understand the uncertainty you are facing and are standing by. We are ready to advocate for you and protect your rights during this tremulous time.

Getting started is easy; schedule your free initial consultation and case evaluation today.