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Personal Injury -- Frequently Asked Questions

Not every case needs a lawyer, but every injury victim needs good information on how to pursue their accident claim. If you have been injured, you probably have lots of questions. Here are some answers to common questions.

I’ve Been In An Accident -- Should I Hire a Lawyer?

If you have not suffered any injuries and only are seeking to recover the damage to your vehicle from the insurance company, you probably do not need to hire a lawyer.

However, if you were injured, you probably should at least consult with a lawyer prior to making any statements or signing any documents, taking any payments from the insurance company or agreeing to a settlement. Some insurance companies find it profitable to keep injury payments to a minimum. In some companies, insurance adjusters are given bonuses for the number of “low-ball” offers accepted by injured people.

Many unsuspecting accident victims assume that the insurance adjuster will treat them fairly and are injured twice – first, by the person who caused the accident, second by the insurance company’s tactics convincing them to accept an unfair settlement.

Play it safe. Consult with an experienced injury lawyer to find out if the insurance company is offering fair compensation for your injuries.

I don’t have health insurance or money to spend on medical treatment. Shouldn’t I settle my case right away?

We understand the physical, emotional and financial challenges that injury victims face. After an accident, the insurance adjuster will want to settle as quickly as possible for as little as possible. Do not make the mistake of settling before the full extent of your injury or wrongful death entitlement is realized. Many times, injury victims do not understand how severe their injuries are, how much time they will miss from work, or how much money they will need for medical care and expenses.

To get an honest assessment of your injuries and potential claim, call us before you talk to the insurance adjuster. We may be able to help you find medical care from treaters who will postpone payment until your case is concluded.

When Should I Hire a Lawyer?

In a serious injury case, you are better off hiring an attorney as soon as possible. Most firms offer a free consultation with no obligation. You have nothing to lose by consulting an attorney before you sign any papers of any kind, give any statement to the insurance company or agree to any settlement offer. Our advice: Protect your rights. Consult a lawyer.

What is a Contingency Fee?

A contingency fee means that the lawyer is paid a percentage of any settlement or jury verdict awarded. That means that if the lawyer does not win, he does not get paid. Obviously that creates a big incentive for lawyers not to take on “frivolous lawsuits.” It also means that lawyers must carefully evaluate a case before they agree to represent an injured party.

If I have a personal injury claim, do I have to go to court?

Most cases are settled out of court either with the insurance company or with the lawyer representing the insured. However, experience has shown that insurance companies pay out larger settlements to firms that are ready and willing to present their case before a jury. At the Klibaner Law Firm, our careful and thorough preparation for each stage of the trial process leads to better outcomes for our clients. We are also experienced in mediation and arbitration.

How long do I have to make a claim for my injuries?

Every state has certain time limits known as “statutes of limitations,” that set the time period during which you must file a personal injury lawsuit. In some states, you may have as little as one year to file a lawsuit for injuries from an auto accident. In Colorado, if you are suing a government entity, you generally must notify the government within 120 days of your injury. If you miss the deadline for filing your case, you no longer have any legal claim, so it’s very important that you consult an attorney to find out the applicable statute of limitations or other notice required by law for your type of injury.

How long will it take to settle my claim?

The time it takes to settle your personal injury case depends on the circumstances of your case including your ongoing medical treatment. Although a few cases may be resolved in as few as 3 to 6 months, most take longer, from a year to 18 months. Many take even longer. At the Klibaner Law Firm, we want to get you the best possible results, so we will not pressure you into taking an unfair settlement. We’ve found through our 30-plus years of experience that insurance companies don’t respond to television ads or slogans, but they are ready to talk to well-trained experienced advocates who have prepared their cases thoroughly and have a history of successful trial results.

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The Denver, Colorado personal injury law firm of The Klibaner Law Firm, P.C. gives you straight facts about your legal options and serves clients throughout Colorado, including Arvada, Aurora, Broomfield, Boulder, Castle Rock, Colorado Springs, Denver, Englewood, Golden, Greenwood Village, Lakewood, Littleton, Longmont, Northglenn, Thornton, Wheat Ridge, Westminster, Denver County, Adams County, Arapahoe County, Broomfield County, Boulder County, Douglas County, El Paso County, Jefferson County, and Weld County.

The information you obtain at this site is not, nor is it intended to be, legal advice. Each case is unique and you should consult an attorney for individual advice regarding your own situation. Copyright © 2011 by The Klibaner Law Firm, P.C.. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.

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