Personal Injury

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Personal injury involves injury to an individual.  This area of law allows an injured person in Colorado to bring a civil claim known as a tort action.  A “tort” is a wrong against a person.  Any accident or injury against a person can constitute a tort – whether it be in a car accident, willfull conduct, the use or misuse of a product, or the negligence of a professional.

Severl elements are necessary to prove one’s claim in Colorado in order to be successful against the wrongdoer or negligent party in a tort action. Also, more than one person or party may be at fault, and responsibility may be apportioned among all of the wrongdoers.

After an automobile accident, or other injury event, call The Sturgell Law Firm to discuss your case.  During your first meeting we will discuss the accident and advise you on how to best proceed. The length of the initial interview will vary depending on the events that led to your injuries as well as the questions you may have.   We work around your schedule.  We can conduct the initial interview over the phone,  fax or email you the necessary documentation, or even come to you to discuss your case.

Helpful items to bring to our initial meeting include:

  • Insurance information
  • Police report(s)
  • Information on doctors you have seen
  • Contact information for the person who hit you
  • Anything else you may posess related to the acident
  • A list of questions we can answer to make your experience more comfortable or to ease any nervousness you may have about the process.

What types of losses or damages can I recover?

Depending on the accident or injury, The Sturgell Law Firm my be able to recove compensation for one or many of the following categories:

  • Past medical expenses
  • Future medical expenses
  • Pain and suffering
  • Future pain and suffering
  • Aggravation of a pre-existing condition
  • Los wages
  • Lost Income in the future
  • Diminished resale value
  • Lost earning capacity
  • Loss of use of vehicles or other personal property
  • Damage to personal property

Should I talk to an insurance company representative?

No.  After your accident or injury, let us notify your insurance company for you and take care of all the paperwork.  DO NOT give a recorded statement, consent to a medical exam, sign medical record release forms, or talk to any insurance company without first speaking with us.  The insurance adjuster’s loyalty is to his or her company.  His or her only objective is to reduce the amounts paid out in claims; this is why they are called “ADJUSTors!”  The insurance adjuster will likely attempt to speak to you before you’ve had an opportunity to consult with a lawyer.   The representaitive will ask suggestive questions and persuade you to make ill-advised statements that could be used against you later.  The insurance carrier’s only objective at this point is to gather information to use later, and reach a quick (and cheap) settlement.  Once we contact the insurance company on your behalf, they legally cannot contact you.  Let accident law team at The Sturgell Law Firm go to work today to preserve your rights!

What if I don’t have health insurance?

When you have been injured in an accident, medical treatment should be your first concern. If you don’t have medical coverage, we will find a doctor who will treat your injuries now and wait for payment after your settlement.  Do not delay, call us today at 303.420.5835 to schedule an appointment as insurance companies may deny your claim if you do not seek treatment immediately after the accident.

Do I have to pay my insurance company back if it pays my medical bills?

Under Colorado law, generally, you do not have to pay an insurance company for benefits it pays under your insurance policy after your accident or injury. There are exceptions to this law that may arisae under certain circumtances however, which can get very complicated.  Call the accident law team at The Sturgell Law Firm today so we may clarify this issue and advise you as to how to recover as mush as possible on your claim.

Do I have to take my vehicle to the insurance company’s repair shop?

No.  After an auto accident, do not let the auto insurance company dictate which repair shop you use.   In fact, it is to your advantage to seek out an independent repair shop who will not “low ball” your estimate because of its relationship with the insurance company.  In our experience, there is a great difference between repair shops and often indepedant sho[s perform much higher quality repairs.   Call us today at 303.420.5835 to find an independent repair facility in your area.

What is Diminished Resale Value?

Diminished Resale Value is the reduction in value that a vehicle suffers after being involved in an accident.  In the case of Inherent Diminished Value, this loss is suffered irrespective of whether the vehicle has been properly repaired.  As a consumer in Colorado, you are entitled to make a claim for the reduction in the value of your vehicle in addition to the cost to repair the vehicle.  Call us today to discuss this concept that many insurance companies don’t want to you know about and many attorneys refuse to deal with.

Will My Case Settle, or Will I Have to go to Court?

While the vast majority of Colorado car accident and personal injury claims are resolved short of appearing in court, we at The Sturgell Law Firm are prepared to represent clients all the way through trial.  Before retaining a Denver auto accident attorney, ask if they will represent you through litigation and ultimately trial or simply refer you to another firm if they are unable to quickly and easily settle your case.

Filing a Lawsuit

Many of our clients equate filing a lawsuit with going to court.  This is often times not the case.  If we are unable to get the insurance company to make you a reasonable offer for your accident, or other personal injury, we will file a lawsuit with your permission.  By filing a lawsuit, you force the insurance company to take notice of your accident claim and ultimately, answer for the wrongs of their insured.

In reality, most disputes over fault for an accident or injury are resolved, through informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides.  A settlement commonly takes place after negotiation,and is evidenced by a written agreement in which both sides forgo any further action (such as a lawsuit), choosing instead to resolve the matter through payment of a mutually  agreeable sum.  This is the quickest and easiest way to get the money you deserve for your accident or injury.

Where Are Personal Injury Lawsuits Filed?

Personal injury lawsuits usually fall under the authority of state courts in the county where the injury occurred, or where those involved (the parties) in the incident are located.  So, if a resident of Adams County is involved in a car accident in Denver, he or she will ordinarily file a personal injury lawsuit in Adams County.

Do you still have questions?  Call us today at 303.420.5835 to speak to an attorney.

 
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