Frequently Asked Questions

Do I need a lawyer if I've been in an accident?
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.

If, however, you have suffered physical or serious emotional injury, you should at least consult with a lawyer before making any statements to the insurance company. You should also speak to an attorney before signing any documents, agreeing to a settlement, or accepting any payments from the insurance company. Many insurance companies protect their profits by keeping injury payments to a minimum. In some companies, insurance adjusters are even 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, only to end up getting injured twice – once by the person who caused the accident, and again by the insurance company who offered them an unfair settlement.

Play it safe by consulting with an experienced injury lawyer to determine if the insurance company’s offer is fair.

I don't have health insurance or money to spend on medical treatment. Should 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 you realize the full extent of your injuries. In many cases, injuries take weeks or even months to produce symptoms. It’s impossible to know how much money you will require for medical care and expenses or whether you will need to take time off work until you have a clear idea of how badly you have been hurt. Once you settle a case, it is over forever.

Before you talk to an insurance adjuster, call us to get an honest assessment of your injuries and potential claim. We may be able to help you find medical care from health care providers who postpone payment until your case concludes.

When should I hire a laywer?
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 papers of any kind, give any statement to the insurance company, or agree to a 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. If the lawyer does not win, he does not get paid. This means that a lawyer must thoroughly and carefully evaluate the merits of a case before agreeing to take it on. Because clients don’t have to pay any money up front, contingency fee arrangements help injury victims seek much-needed legal help.
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. In our experience, however, insurance companies pay more money to firms that are ready and willing to present their client’s case before a jury. At the Klibaner Law Firm, we began preparing for trial from the beginning, and we never settle simply because it’s the more convenient or less costly option for us.
How long do I have to make a claim for my injuries?
Every state has certain time limits known as “statutes of limitation” that dictate how much time you have to file a lawsuit. In some states, you may have as little as one year to file a lawsuit for injuries from an auto accident. Other states offer more time. If a Colorado governmental entity is involved, you generally must take action in 180 days. If you miss the deadline for filing your case, or for notifying a governmental entity of a claim, you no longer have any legal claim whatsoever, so it’s very important to speak with an attorney as soon as possible after an accident occurs.
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 some cases can be resolved in as few as three to six months, most take more time and range between a year and 18 months — with many taking even longer. At the Klibaner Law Firm, we want to get you the best possible results, and we will never pressure you into accepting an unfair settlement.

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