Serving Aurora, Denver Metro & Colorado | 15+ Years of Personal Injury and Car Accident Law Experience
Personal Injury FAQ
Straight answers to the questions we hear most. This is general information, not legal advice. For guidance about your situation, talk with an attorney.
Getting started
Q1) Do I need a lawyer for my accident?
Is it worth getting an attorney? If you have injuries, disputed liability, multiple insurers, significant time off work, or the insurer is stalling, a lawyer usually increases your net recovery and reduces headaches. For minor, short-lived soreness and simple property damage, you may be fine without one.
Q2) When should I contact a lawyer?
Early. Evidence disappears fast (video is overwritten, vehicles are repaired, witnesses vanish). A quick call helps preserve proof and avoid early mistakes like harmful recorded statements.
Q3) How do contingency fees work?
You pay no attorney’s fee unless there’s a recovery. The fee is a percentage of the result, plus case costs (records, experts, filing fees). A good firm earns its fee by increasing the gross recovery and reducing medical paybacks so your take-home is higher than DIY.
Q4) Will I have to go to court?
Not necessarily. Many cases settle before a lawsuit, and many lawsuits settle during litigation. We prepare every case as if it will be tried; that preparation often leads to better settlements.
Medical care and bills
Q5) I don’t have health insurance. How do I get treatment?
Options include MedPay under your auto policy, providers who treat on a medical lien or with a letter of protection, and certain community resources. An attorney can help set this up correctly and keep treatment moving.
Q6) What is MedPay?
Medical Payments coverage on your auto policy that pays crash-related medical bills regardless of fault, typically starting at a few thousand dollars. It’s fast and can cover ER, imaging, and therapy while liability is sorted out.
Q7) Who pays my medical bills right now?
Use MedPay if available, then health insurance. Ultimately, the at-fault party (or your UM/UIM, if applicable) reimburses through settlement or judgment. We also negotiate liens and insurer paybacks at the end so more of the result stays with you.
Q8) The ER sent me a big bill—what now?
Hospitals sometimes assert liens against potential settlements. The paperwork must follow strict rules. We review for compliance and negotiate balances when the case resolves.
Q9) My imaging was “normal.” Do I still have a case?
Yes. Many injuries (including concussions and soft-tissue trauma) are clinical diagnoses. Consistent symptoms, specialist evaluations, and functional limits can prove injury even when scans are unremarkable.
Q10) What if I had prior injuries?
Preexisting conditions do not bar recovery. The law recognizes aggravation of a prior condition. We use records and provider opinions to separate old problems from new harm.
Q11) Do treatment gaps hurt my case?
They can. Insurers argue gaps mean you weren’t hurt. If you must pause care (work conflicts, childcare, access), document the reason and resume as soon as possible.
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Insurance and claims
Q12) Should I give a recorded statement to the other insurer?
No. Provide only basic claim information. Recorded statements are designed to minimize your case. Speak with counsel first.
Q13) What is UM/UIM coverage?
Uninsured/Underinsured Motorist coverage on your policy that pays if the at-fault driver has no insurance, too little insurance, or flees (hit-and-run). It often makes the difference in serious cases.
Q14) Will using MedPay or UM/UIM raise my premiums?
These are benefits you purchased. Policy specifics vary, but using coverage to address a crash someone else caused is generally appropriate. We review your policy and discuss practical implications.
Q15) The insurer keeps asking for all my medical records and employment files. Do I have to send everything?
No. Share records reasonably related to the crash injuries and wage losses. Overbroad releases are unnecessary. We tailor the response to protect your privacy and your claim.
Q16) How long will my claim take?
Many claims settle a few months after you reach a stable medical point. Litigation can add six to twelve months or more. We push the fastest path that does not sacrifice value.
Fault and Colorado law
Q17) What if I’m partly at fault?
Colorado follows modified comparative negligence. You can recover if you are less than 50% at fault; your recovery is reduced by your percentage. Quality evidence (video, vehicle data, credible witnesses) matters.
Q18) What are the filing deadlines?
In many motor-vehicle injury cases, the deadline to file suit is three years from the crash; for many other injury types it’s two years. Special notice rules can apply if a government entity is involved, and some deadlines differ for minors. Don’t wait to ask.
Q19) What damages can I recover?
Medical expenses, future medical care, lost wages, diminished earning capacity, pain and suffering, physical impairment/disfigurement, out-of-pocket costs, and property damage. In wrongful death cases, specific statutory damages apply.
Q20) Are there caps on damages?
Colorado places limits on certain non-economic damages and has rules that change over time. The impact depends on your facts. We analyze caps and strategies for your case.
Evidence and case building
Q21) What evidence helps most?
Scene and vehicle photos, repair bills, diagnostic imaging, consistent medical records, witness contacts, 911 audio, surveillance video, and vehicle event data (speed/braking). For premises or product cases, maintenance logs, inspection records, and the product itself are critical.
Q22) How do you get video or black-box data?
We send preservation letters immediately, canvass nearby cameras, and coordinate downloads of vehicle event data where appropriate. Speed matters—footage is overwritten quickly.
Q23) Should I post on social media?
Assume the insurer will see it. Even innocent posts can be taken out of context. Best practice is to avoid posting about the crash, injuries, travel, or strenuous activities until your case is resolved.
Q24) Do I need expert witnesses?
Not in every case. In more serious or disputed matters we may use medical specialists, accident reconstructionists, human-factors experts, economists, vocational experts, or life-care planners.
Work and money issues
Q25) How are lost wages proven?
Pay stubs, employer letters, schedules, and tax returns. For self-employed clients, profit-and-loss statements, invoices, 1099s, and booking histories help show what was lost.
Q26) What about diminished earning capacity?
If injuries affect long-term ability to work or require changing careers, we may use vocational assessments and economic projections to quantify future loss.
Q27) Will I owe taxes on my settlement?
Generally, compensation for physical injuries is not treated the same as wages for tax purposes, but portions like interest may be. Always ask a tax professional about your situation.
Property damage and transportation
Q28) How does the property damage claim work?
You can run it through your insurer or the at-fault carrier. For totals, gather title/loan info and remove personal items. For repairs, request OEM parts when safety matters. Keep all estimates and invoices.
Q29) What is diminished value?
Even repaired vehicles can be worth less than before. In appropriate cases we pursue diminished value for the loss in resale value.
Q30) Can I get a rental car?
Often yes. Your policy may include rental coverage; the at-fault carrier may also owe rental or loss-of-use depending on circumstances and availability.
Settlement and litigation
Q31) What is a demand package?
A comprehensive presentation of liability, medical proof, damages, and the human impact, with records and bills attached. It’s the best chance to settle pre-suit for fair value.
Q32) What happens if the insurer lowballs?
We counter with facts and, if needed, file suit. During litigation we exchange documents, take depositions, attend defense medical exams when required, mediate, and try the case if necessary.
Q33) What is a defense medical exam (IME)?
An exam arranged by the defense during litigation. We prepare you thoroughly, address examiner bias, and ensure the process follows court rules.
Q34) How are liens and medical paybacks handled at the end?
We verify balances, challenge improper charges, and negotiate reductions with hospitals, providers, and health plans. This step is critical to your net result.
Q35) When do I get paid?
After settlement or judgment funds clear and liens/expenses are resolved, we provide a final accounting and disburse your share. Timelines vary with lienholders and insurers.
Special scenarios
Q36) Hit-and-run or uninsured driver?
We pursue your UM benefits, canvas for video and witnesses, and handle proof requirements in cases involving hit and run. Prompt notice is important.
Q37) Rideshare or commercial vehicle involved?
Coverage can change based on app status or commercial use. We identify all applicable policies and push the correct carrier to accept responsibility.
Q38) Injured as a pedestrian or cyclist?
You may recover from the driver’s liability insurance and, frequently, from your own auto policy’s UM/UIM—even though you weren’t in a car. Document the scene and your injuries the same day if possible.
Q39) Child injured?
Medical care and long-term impacts require careful documentation. Deadlines and settlement approvals can differ for minors. We guide families through the process.
Q40) Wrongful death?
Eligible family members may bring claims for economic and non-economic losses. The process and damages are governed by statute. Early investigation is essential.
Final takeaways
Health first, evidence second, smart insurance strategy third.
Consistent treatment and clean documentation win cases.
Your net recovery—not just the headline number—matters most.
If injuries are real or the insurer is dragging, speak with counsel early.
The Lawrence Law Firm represents injured people across Aurora, Denver, and the Front Range. We’ll tell you candidly if you need a lawyer—and if you don’t. Free consultation. No fee unless we win.
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Areas of Practice
Service Areas
- Denver County
- Arapahoe County
- Adams County
- Douglas County
- Jefferson County
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Contact Information
Address
2821 S. Parker Rd. Suite 865 Aurora, CO 80014
Contact
lain@coloradodefenders.com Ph: 720-369-4929
Hours
Monday-Friday: 8 am - 6 pm Weekends and Afterhours By Appointment