Frequently Asked Questions
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How Much Does It Cost To Hire A Personal Injury Attorney in Colorado?
How Much Does It Cost To Hire A Personal Injury Attorney?
There a number of different fee arrangements that are generally used by personal injury attorneys. While there are variations, mainly these different fee arrangements include fixed fees, or flat rate fees, hourly fees and contingency fees. Generally, personal injury attorneys will enter into a contingency fee arrangement with clients. A contingency fee is where the attorney’s fees are a percentage of the amount the client collects at the conclusion of the case. This usually means that the attorney does not charge any attorney’s fees upfront and usually does not collect any attorney fees until the case is concluded.
The amount of the contingency fee (or, the percentage collected by the attorney at the end of the case) usually varies depending on the type of case and the attorney. In some cases the contingency fee may change during the course of the case depending on how the case has progressed. For example, the fee agreement may provide that the attorney contingency fee is 35% if the case is settled prior to any litigation; 40% if the case goes into litigation; and, 45% if the case goes up on appeal. Fee arrangements may vary between attorneys and it is important to speak with your attorney about the fee arrangement before you hire him or her to represent you.
It is important to understand that attorney’s fees are almost always separate from costs. Costs are the expenses incurred during the case such as photocopies, expert witness fees, deposition expenses, filing fees, etc. These costs (or expenses) are almost always separate from the attorney’s fees in the case. Your attorney should be able to explain how the costs of your case will be billed and collected before you hire him or her to represent you.
How Do I Know Which Lawyer Will Best Represent Me?
Choosing an Attorney
There are many things to keep in mind when choosing a personal injury attorney in Colorado. It is important to find an attorney who has your best interest in mind.
If you have been injured in an auto accident, motorcycle accident, by a defective product, by a negligent healthcare provider, or by any other personal injury your first step should be to do some research and find a responsible, well-respected personal injury attorney. A good place to research attorneys is the Colorado Bar Association. The Bar Association maintains a list of responsible attorneys and will be able to recommend a good personal injury attorney to you. If you think you will have trouble paying attorneys fees, you may want to investigate the free legal aid clinics in your area. Legal aid clinics will help assist you in most legal matters pro bono, or free of charge, if they think the case is justified and you meet their requirements.
You should also feel comfortable with the personal injury attorney that you work with. You should feel comfortable that the attorney is listening to your story and is setting realistic expectations for the amount of money you may be able to collect. A personal injury attorney should also be able to clearly explain the fees that you will be charged if they take your case. You should be able to discuss these issues easily with your attorney.
Regardless of how you find your personal injury attorney, make sure that he or she puts you at ease and listens to your needs. Before doing anything, your personal injury attorney should listen carefully to your account of what happened, take detailed notes and then be able to suggest a course of action. Sometimes a lawsuit is not the appropriate response to an injury, and your personal injury attorney should be able to discuss that with you and also suggest alternative solutions.
I Think My Case Might Be Against the Government. What Should I Do?
I think my case might be against the government. What should I do?
There are special rules and procedures for cases that involve the State of Colorado or the United States of America. It is very important to contact an attorney immediately if you believe that your case may involve either the state or federal government.
The State of Colorado is provided immunity from suits by the Colorado Governmental Immunity Act (CGIA). Under the CGIA the State of Colorado, subsidiaries of the State of Colorado, such as universities and colleges, special districts and municipalities are immune from suits, except in certain instances. Immunity has been waived in certain instances, which are set forth in the statute. For instance, an injured person may bring an action against the State of Colorado for injuries occurring as a result of the operation of motor vehicles, the operation of public hospitals, the operation of correctional facilities and the existence of some dangerous conditions.
In circumstances where a person sustains an injury as a result of the negligence of the State of Colorado, or employees of the State of Colorado, there are very specific steps that must be taken to satisfy the CGIA. Failure to comply with the requirements of the CGIA will result in the claim being barred forever.
One of the most important requirements of the CGIA is that the injured person sends notice to the appropriate governmental entities within 180 days of the date of the incident. The appropriate governmental entities depend on the specific governmental body involved in the incident. The CGIA also sets forth specific requirements for the information that must be contained within the governmental notice.
If you believe you have been injured by an entity of the State of Colorado it is imperative that you contact an attorney immediately to ensure that your rights are protected and the requirements of the CGIA are satisfied. There are many other important elements of the CGIA, including limitations on damages, which are not discussed here.
If a person believes that they have been injured by the federal government the Federal Tort Claims Act may apply to their claim. The Federal Tort Claims Act does not contain as many procedural requirements as the Colorado Governmental Immunity Act; however, there are some requirements that must be followed prior to filing a claim against the federal government. If you believe that you have been injured by the federal government it is imperative that you contact an attorney immediately to ensure that your rights are protected and the requirements of the Federal Tort Claims Act are satisfied.
What Kind of Damages Could I receive After an Accident?
What Kind of Damages Could I receive After an Auto Accident or Personal Injury?
There are two basic categories of damages that can be collected after an injury occurs.
The first category of damages that can be recovered after an injury are economic damages, which include past and future medical expenses, past lost wage, loss of earning capacity and loss of home services. The second category of damages is noneconomic damages. Noneconomic damages include pain and suffering, inconvenience and loss of enjoyment of life.
The damages available under Colorado law can vary depending on the nature of the case. It is important to contact an attorney to discuss the specific circumstances of your case. The Law Office of Sommer Stephens Luther can provide information regarding the types of damages you may be able collect under Colorado law.
The Person Who Hit Me Did Not Have Any Automobile Insurance. What Should I Do?
The Person Who Hit Me Did Not Have Any Automobile Insurance. What Should I Do?
Colorado law requires that all automobile owners have automobile insurance. The minimum requirements for automobile insurance in Colorado are $25,000.00 per accident and $50,000.00 per collision. However, in some instances an uninsured driver, or a person without automobile insurance, causes an accident and injuries someone.
If you have been injured in an automobile collision and the person who hit you did not have any automobile insurance you can look to your own automobile insurance company to make a claim for uninsured motorist benefits. Uninsured motorist coverage is automobile insurance coverage that you carry to protect yourself in circumstances where someone who does not have automobile insurance injuries you or your family.
How Long After my Injury do I have to Make a Claim?
How long after my injury do I have to make a claim?
The amount of time a person has to bring a personal injury claim is called Statute of Limitations. Colorado law sets forth the Statute of Limitations for all personal injury claims. All claims must be filed within the Statute of Limitations or else the claim will be barred forever.
Generally, the Statute of Limitations for an automobile accident is 3 years from the date of the accident or collision. In some circumstances the Statute of Limitations may be shorter or longer. It is important to contact an attorney immediately after an accident to ensure that your claim is filed within the appropriate time frame.
Other personal injury cases, such as medical malpractice cases, may have a shorter Statute of Limitations. For example, generally, medical malpractice claims must be filed within 2 years of the date the person knew or should have known of their injury. Again, in some circumstances the Statute of Limitations may be shorter or longer. However, every case must filed within the applicable Statute of Limitations.
Special rules apply to claims against the State of Colorado or the federal government. It is extremely important to know that Colorado law requires that any person who has a claim against the State of Colorado must provide written notice to specific persons within 180 days of the date of the injury. Failure to file this written notice will result in the claim being barred forever. It is critical to contact an attorney immediately if you believe your claim involves the State of Colorado.