Frequently Asked Questions
If you have sustained injuries due to the negligence of another person, business or entity in any of the following situations, you may have questions about whether you are able to seek compensation for reimbursement for your injuries or about how the legal process works. Law Office of Jennifer L. Donaldson handles such cases as:
- Auto Accidents;
- Premises Liability;
- General Negligence;
- Motorcycle Accidents;
- Bicycle Accidents;
- Car Accidents;
- Injuries as a Child;
- 18-Wheeler Accident;
- Slip and Fall Cases;
- Recreational Accidents;
- Nursing Home Neglect or Abuse; and
- Catastrophic Injury.
Although looking for answers to questions about your case online is a great place to start, there is no substitute for contacting an experienced injury lawyer who can answer your particular questions about your specific case.
Contact the Law Office of Jennifer L. Donaldson today at (303) 458-5000 for a consultation about your unique case. Our firm serves multiples areas around the Mile High City, including Boulder, Longmont, Lakewood, Arvada, Aurora, Thornton, Westminster, Centennial and Littleton.
Denver personal injury attorney Jennifer L. Donaldson is an experienced lawyer who represents individuals that have been injured as a result of another’s negligence. Call the Law Office of Jennifer L. Donaldson about your specific questions today.
Frequently Asked Questions
- How do I know if I can file a lawsuit for my injuries or if I have a claim for personal injury?
- What can I receive for my injuries and how is the value of my injury determined?
- What if I have a prior injury – how will that affect my claim?
- Is there a minimum or maximum amount I can receive for my injuries?
- How long do personal injury cases usually take to settle?
- Who will pay for my medical expenses?
- How can I get the medical treatment I need now?
- What should I do if I have been injured in a car accident and the negligent driver does not have insurance, or the driver’s policy limits for bodily injury liability coverage are not adequate to fully cover my injuries?
- What should I do if I was hit by another vehicle while riding my motorcycle?
- Who is my lawsuit filed against?
- Why should I not talk to an insurance adjuster after I have been in a car accident?
- Why do I need to hire an attorney when I wasn’t at fault?
How do I know if I can file a lawsuit for my injuries or if I have a claim for personal injury?
If you have sustained injuries or property damage as a result of someone else’s negligence, you are likely eligible to receive compensation for your medical bills, time off from work, pain and suffering, job loss, mental anguish, lost wages, damage to your property, physical disfigurement and harm, and/or loss of quality of life. You may also be able to receive exemplary damages if the other party acted with fraud, willful or wanton conduct or with malice.
When filing a claim or lawsuit for your personal injuries, your attorney will have to prove by a preponderance of the evidence you suffered an injury because the negligent party breached their duty to act in a certain way or failed to act in a certain way.
What can I receive for my injuries and how is the value of my injury determined?
Every case for PI is different in Colorado, so the exact type and amount of compensation you may receive for your injuries depends on the facts surrounding your particular case. Individuals injured due to another person’s negligence are generally able to seek compensation for recovering any of the following types of damages:
- Medical bills
- Actual financial expenses
- Loss of quality of life
- Physical impairment
- Physical disfigurement
- Mental anguish
- Lost wages
- Pain and suffering
- Future medical expenses
- Loss of future wages
- Property damage
- Loss of relationship and affection
- Any additional expenses you may have incurred as a result of your injury
Additionally, you may be able to seek compensation for exemplary or punitive damages if the negligent party in your case acted with malice, fraud or willful and wanton conduct.
What if I have a prior injury – how will that affect my claim?
Generally, the negligent party is only responsible for the harm or damages they caused you, not for an injury that already existed. However, if you can demonstrate the negligent party made your injury worse, you may be able to seek compensation for damages for an aggravation of your pre-existing injury.
Is there a minimum or maximum amount I can receive for my injuries?
There is generally not a minimum amount of damages you may receive in your settlement or judgment for the injuries you sustained as a result of the negligence of someone else. However, the Colorado legislature has created caps on non-economic damages and on overall damages in medical malpractice cases.
How long do these types of cases usually take to settle?
There is no set time period for how long an injury case should take to settle. Personal injury cases may take a long time to reach an agreement or a very short time, depending on the parties, type of case and evidence available in the case, in addition to many other factors. Since it is usually difficult to determine when a case will end and when you will be compensated for your injuries and expenses, it is very important to contact an experienced lawyer as soon as you have been injured so they can start working on your case as soon as possible.
Who will pay for my medical expenses?
Since Colorado is a tort liability state, if you are in an accident involving an injury, the individual who was negligent or responsible for causing the accident and your injuries will ultimately be liable for your medical expenses, lost wages, pain and suffering, and any other damages you may have sustained. However, you will likely be required to pay for your own medical treatment up front. Your medical bills should be submitted to your health insurer, which may or may not be able to seek reimbursement for the payments it made when you settle your claims.
How can I get the medical treatment I need now?
It is crucial to obtain necessary medical treatment after you have received injuries due to another person’s negligence. If you fail to receive treatment in a timely manner, you may risk a slower or not full recovery from your injuries. In addition, you may be responsible for any subsequent injuries you sustained as a result of the failure to receive necessary medical treatment.
There are ways to get the medical treatment you need now. For example, if you have health insurance, Medicare or Medicaid, your bills should be submitted to your insurance carrier. They may or may not have a right of reimbursement or a subrogation right if you obtain a settlement or judgment for your injury.
Additionally, many types of insurance policies, such as car insurance policies, have provisions that provide payment for medical coverage. The medical payment provision for medical expenses in insurance policies will usually pay up to a selected amount of the policy, regardless of fault. You should review your automobile policy to make sure you are taking advantage of all policy provisions for which you paid a premium.
Additionally, certain doctors may accept a medical lien. A medical lien means that the medical bills will be held by the physician and will be paid out of the settlement proceeds or judgment you ultimately receive.
What should I do if I have been injured in a car accident and the negligent driver does not have insurance, or the driver’s policy limits for bodily injury liability coverage are not adequate to fully cover my injuries?
If you have been in a car accident and the at-fault driver does not have insurance or an insufficient amount of bodily injury insurance, your own uninsured or underinsured motorists (UM/UIM) coverage may provide for additional compensation in excess of the negligent driver’s bodily injury liability insurance.
What should I do if I was hit by another vehicle while in my car or while riding my motorcycle?
Immediately after you were involved in a car accident or motorcycle accident, it is important to seek medical attention, even if you think your injuries are minor. It is not uncommon for people to decline transportation to the emergency room after an incident then begin to experience pain or a worsening of their symptoms later that day or upon waking the next morning. If this happens, you should seek medical treatment through your family doctor or emergency room immediately. Diagnosing and treating all accident related injuries is essential to your physical recovery as well as your ability to obtain full and fair compensation from the at-fault party.
Additionally, if there were witnesses to the accident, it is important to obtain their names and contact information. Also, take pictures of the scene of the accident, your injuries and any damages to your property or vehicle. Finally, call an attorney who is experienced representing individuals in car and motorcycle accidents to discuss the facts of your case and any legal options that may be available to you.
Who is my lawsuit filed against?
If you are unable to reach an agreement about your injuries or are unable to reach a settlement with the insurance company for the negligent party, you will file a lawsuit against the negligent party – although in most cases the insurance company will provide a defense for its insured.
Why should I not talk to an insurance adjuster after I have been in a car accident?
It is important not to speak with an insurance provider after your accident because they are not working for your benefit or looking out for your best interests. When you give them a statement, they will look for issues that can help limit the amount of money they have to pay to you or issues that will allow them to dispute your entire claim. It is important to remember that you are not required to speak to the insurance adjuster, and it is probably in your best interest not to do so. An experienced attorney will communicate with the insurance company on your behalf.
Why do I need to hire an attorney when I wasn’t at fault?
Even if the at-fault party or the insurance company accepts liability on behalf of its insured, the amount of damages required to fully and fairly compensate you for your injuries and damages will be disputed by the negligent party or their insurance company. Additionally, the negligent party or their insurance company will usually find a way to delay or even deny your claim, even though you were not at fault. Therefore, it is important to immediately contact an experienced attorney who is looking out for your best interests, will fight on your behalf for what you deserve, and make sure your claim has received all necessary legal protections.
Law Office of Jennifer L. Donaldson
Contact the Law Office of Jennifer L. Donaldson today for a consultation about your injury case and any specific questions you may have in Denver County and the surrounding areas of Boulder County, Jefferson County, Adams County and Arapahoe County. Jennifer Donaldson is a knowledgeable personal injury lawyer in Denver who will listen to the facts of your case and make every effort to help you receive full and just compensation for the injuries you have sustained.
Contact the Law Office of Jennifer L. Donaldson at (303) 458-5000 for a consultation about your case today.