 Colorado Personal
Injury Attorneys - Information
In most cases involving personal injures the injuried
individual is expected to pay additional medical expenses
while unable to work during his/her period of recovery.
If you or someone you love is facing these issues,
it is important to contact an experienced personal
injury lawyer to help you.
The following is a sample of the types of claims our
experienced team of Personal Injury lawyers handles:
- Motor Vehicle Accidents - Motor
vehicle accidents are the most common cause of personal
injury. We are prepared to help with the often frunstrating
process of collecting compensation from insurance
companies due to personal injury.
If you are involved in an accident there are several steps
you can take to help your case. The first of which
is to record the license plate number, name,
address, phone number,and driver's license number
from each driver involved in the accident. Secondly,
take note of the law enforcement officer's badge
number and name. If
you are able, photograph the vehicles, the accident site
itself, and any visible injuries. Lastly, collect
witness information which you think may be of assistance
to your case.
- Medical Mistakes -
If you or your family has suffered
due to a medical mistake, our team of experienced
lawyers will do all they can to see that you get
fair compensation for your medical expenses, loss
of income, pain and suffering, and other expenses.
- Slip and Fall - We can help if
you or someone you know has suffered injuries from
falling on a municipal sidewalk or a business establishment.
- Recreational Accidents - If you
or someone you know was injured in an outdoor activity
or a theme park accident, the company which provided
the recreation may be responsible for your medical
expenses and other costs. Whenever possible, take
pictures of the site, visible injuries, and close-ups
of any equipment in question.
- Motorcycle Crashes - If you were
involved in a motorcycle accident the personal injury
attorneys at Kiel, Trueax
and Gold can assist you in taking appropriate
legal action during this traumatic time.
- Products that Cause Injury - It
is the responsibility of a Company or Industry to
pay for any injuries caused by its products. This
responsibility is called Product liability. The experienced
lawyers at Kiel, Trueax
and Gold can help injuried individuals recover
money for medical expenses, pain and suffering,
lost wages, and disability.
- Train, Bus, and Plane Accidents -
The experienced lawyers at Kiel,
Trueax and Gold can help individuals injured
in Colorado bus, train, or plane accidents. We will
be happy to evaluate your cases and explain your
options. Contact our law office to make arrangements
for a free consultation with a lawyer.
Personal injury law in Colorado, as it pertains to automobile accidents, changed dramatically on July 1, 2003 when the state legislature abolished the Colorado Auto Accident Reparations Act (The "No-Fault" Act) and the state went back to what is known as the Tort system. Under the No-Fault Act, an accident victim's own medical expenses for ten years following the accident, up to $100,000.00, and his or her lost wages for one year following the accident were paid by the victim's own automobile insurance company, not the at-fault driver's company. If the injured person was also at fault for a collision, his or her medical bills and lost wages would still be paid by their own insurance company. Hence the term "No-Fault." In other words, if you were injured in a car crash, regardless of who was at fault, at least you had coverage under the old system for your medical bills and lost wages up to a certain point. Then, under the No-Fault system, to obtain compensation for additional damages, such as compensation for medical bills in excess of $100,000.00 or wage loss beyond one year, or permanent injuries, pain and suffering, loss of enjoyment of life, or permanent impairment/disability, the injured person had the right to file a separate claim against the at-fault driver. Again, that was the system of compensation in effect in Colorado until mid-2003.
But, when Colorado abolished No-Fault insurance, and became a "Tort" state, all of the benefits previously available under the No-Fault Act were taken away from the consumer. Now, under the current system of recovery, the Tort system, the victim's own company provides no medical coverage whatsoever (unless the victim has purchased medical payment coverage, also known as "Med Pay." But, normally Med Pay is purchased only in very small amounts and is virtually worthless in the event of a serious or catastrophic accident.) Moreover, the victim's own company provides no wage loss benefits whatsoever. (Even if Med Pay coverage has been purchased.) The tort system mandates that all damages now are paid by the at-fault driver or that person's insurance company.
In straightforward terms, because of the demise of No-Fault insurance, the consumer no longer has the ability to pay medical bills and to be reimbursed for lost wages through his or her own insurance company. None of these expenses or lost wages are paid for at the time of the loss, or even within the first few months after the loss under the Tort system. Only when there is a final settlement with the at-fault driver's insurance company is any payment made for any of these damages.
Victims who have health insurance are protected under the new system somewhat better than the citizens of Colorado who have no health insurance available to them. Under No-Fault, a victim's bills were paid as they were incurred, because the victim's own automobile insurance company had the obligation to pay them within thirty days after the bills were submitted. Since, under the Tort system, that coverage no longer exists, bills must now be paid through health insurance, if such insurance is available. Of course, injured persons with health insurance must now take care of co-pays and deductibles. When health insurance is not available, there is no one to submit the bills to, and they remain unpaid. If a victim of an accident sends his or her bills to the at-fault drivers' insurance company, that company will send them back, telling the victim that it has no obligation to pay the bills absent a complete settlement of the entire personal injury claim.
The at-fault driver's insurance company will only pay money when the victim is ready to sign-off and settle the whole claim. Again, that company will not pay periodic benefits toward medical bills. If the victim indicates a willingness to settle the entire claim with the at-fault driver's insurance company, oftentimes that company will offer no more than the precise amount of the medical bills or only a small additional amount. And, of course, once a claim is settled and a release is signed, the claim has been concluded forever. If injuries do not heal properly and additional medical care is needed or if there is significant permanent disability or impairment, there is no more money available if the personal injury claim has been settled. If the victim has to miss work due to his or her medical condition in the future, and the claim has been settled, there is no additional money available to pay for the loss of wages.
How does a victim of an automobile accident get medical care if there is no source of funds to pay the bills? In reality, the victim needs to find a doctor or clinic willing to provide treatment and then wait for payment until the personal injury case has been settled.
Frequently, automobile accident victims who are badly injured in catastrophic car crashes have thousands of dollars in medical bills from just the first few weeks of treatment. A victim who is taken to the hospital, and who remains hospitalized for a week or two, will have incurred tens of thousands of dollars of medical bills before the first bill ever arrives in the mail. If the victim has health insurance, he or she is better off than a victim with no health insurance. But, again, there are still deductibles and co-pays to contend with. If the person has no health insurance, the situation is much more difficult. Either way, the injured victim should strongly consider legal representation. The at-fault driver's insurance company may offer to pay the actual amount of the bills, if they can quickly obtain the victim's signature on a Release, but if a victim is to be properly compensated for wage loss, pain and suffering, disfigurement, and permanent disability, it is unlikely that the at-fault driver's company will be cooperative in agreeing to a realistic settlement for all of those components of the victim's losses. There is a negotiation process which goes on with the at-fault driver's insurance company and the insurance company's representatives are very skilled at this negotiation process. Further, the exact nature and extent of the victim's losses or damages is not often known for many months after the car accident, so settling the personal injury case in the first few weeks or months after the collision is rarely a good strategy.
A personal injury attorney has the negotiation skills to properly negotiate with the representatives of the insurance company. And, very importantly, the attorney knows, from a timing standpoint, when to properly negotiate the victim's claims. In the event the insurance company offers very low money in settlement, as often happens, the personal injury attorney has the ability to file a personal injury lawsuit and to take the case to trial in the event the insurance company continues to offer an unrealistically low amount in settlement of the claim. Often, nothing other than the existence of a trial date finally causes an insurance company to realistically evaluate a case and extend a reasonable settlement offer to the injured person.
If you or a family member have been
injured as a result of someone else's negligence,
contact
Kiel, Trueax and Gold, LLC
We are an experienced Colorado Personal Injury Law
Firm that will work hard to recover your losses.
Contact us at (303) 694-2666 or by email
for your free consultation.
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