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Personal Injury

Experienced Personal Injury Representation

When you’re already suffering from injuries, the stress of dealing with the legal aspects is the last thing you need. At Michael W. Seckar, P.C. specializes in handling a variety of personal injury cases, from vehicular accidents to slips and falls and more. We take on cases throughout Southern Colorado. Call us today at (719) 543-8636 or email workcomp@seckarlaw.com if you have further questions to want to consult with our firm.

Let Us Help Lessen The Burden of a Personal Injury

Many cases can be decided outside of the litigation process through negotiations with the insurance companies. Our personal injury lawyers in Pueblo, CO have the skills to help you achieve your financial objectives so the cost of medical bills and compensation for your suffering don’t have to continue to be a burden.
Personal Injury — Motorcycle Accident on Pueblo, CO

If I Have an Accident, What Should I Do?

Be sure to get information from everyone at the scene. Exchange insurance information with the other party. Be sure you have their names with correct spelling, address, and phone number. Also, note the time of the accident. Be sure you know the names of the policemen and other emergency personnel that respond.

Take pictures at the scene.

Even if you do not receive immediate medical attention, you should go to your doctor. Sometimes the effects of the accident are not immediately apparent.

When Should a Person Decide Whether or Not to Hire a Personal Injury Attorney?

Many auto insurance carriers seem cooperative and interested in helping you receive compensation for your losses. However, even if the company’s claims representatives are personable and sympathetic, their ultimate goal is to settle the claim at minimum cost. Even negotiations with the injured person’s own insurance company may be adversarial if the driver at fault and the victim share the same carrier or the loss is to be covered by the victim’s underinsured/uninsured motorist (UIM) policy.

In contrast to an insurance company, a personal injury attorney is ethically and professionally obligated to look out for the client’s best interests. The singular objective is to obtain the optimal outcome for the injured party. To that end, an experienced personal injury attorney will ensure that the damages are calculated correctly and the available sources of compensation are evaluated properly.

Moreover, a case involving bodily injury is often more complex than the victim may realize. For instance, the less typical sources of compensation could be missed without the involvement of an experienced attorney. An attorney will be able to coordinate the different aspects of the case in order to maximize the available recovery.

Retaining counsel is not as crucial when the accident caused only property damage. The appropriate compensation for property damage can be calculated based on market prices. Therefore, it is easier to evaluate the insurance company’s settlement offer and negotiate accordingly.

Calculating the appropriate compensation for bodily injury is more complicated. Certainly, the victim’s economic damages, such as medical bills and lost wages, should be included in any settlement demand. However, assigning a numerical value to non-economic losses, such as pain and suffering or disfigurement, is more difficult and requires the expertise of an experienced personal injury attorney.

How Does a Personal Injury Attorney Get Paid?

Obtaining proper medical care frequently imposes a considerable financial burden on the injured person and his or her family. However, it is possible to hire a personal injury attorney without paying either a retainer or an hourly fee. In fact, a contingency fee management is common in personal injury cases.

A contingency fee means that the client does not pay any attorney’s fees until he or she receives a settlement or a damages award. At that time, the attorney collects a pre-determined percentage of the recovery. This payment method allows the client to obtain legal representation without additional financial stress and helps to align the attorney’s financial interest with the client’s. An attorney will be able to explain in detail what a contingent fee agreement entails.

Are There Time Limits on Bringing a Claim?

Generally, the injured person has three years from the date of the accident to bring a personal injury lawsuit. This time limit is called the statute of limitations. Once it expires, no legal action may be filed.

There are various exceptions to the general rule and shorter time limits may apply. For instance, cases involving a fatal injury are treated differently. As another example, in cases where suit may be brought against a government entity, the injured person must give notice of a possible action no more than 6 months following the accident. The failure to provide due notice forecloses future recovery from the government.

Regardless of the applicable time limits for filing a lawsuit, the demand for damages has to be made early enough to allow time for settlement negotiations with the insurance carrier. Thanks to aggressive and smart negotiations, many cases are resolved out of courts.

A settlement demand would usually be made after the victim’s condition has stabilized, which allows for a thorough evaluation of treatment options and the formulation of a long-term prognosis. The length of time necessary would depend on the type and severity of the injury. A premature settlement demand may result in an incomplete recovery due to an incorrect and rash assessment of damages.

It is to the injured person’s advantage to contact an experienced personal injury lawyer as soon as is practical following an accident that resulted in bodily injury. A lawyer will be able to develop a time-frame for handling the claim and advise the victim regarding any applicable time limits.

What Is the Typical Amount of Compensation?

The amount of recovery depends on the injuries suffered and the types of damages sustained. A settlement or damages award is meant to compensate the victim for his or her losses, including past and future medical expenses, lost income, pain and suffering, permanent impairment, and disfigurement. It is not possible to provide a specific figure until a careful examination of the medical and financial documentation is performed. However, an experienced personal injury attorney should be able to evaluate your claim, estimate your potential recover, and help you obtain due compensation for your injury by ensuring that all of the applicable damages are accounted for and that no sources of recovery are inadvertently forgone.

What Is the Timing of Compensation?

A settlement demand should usually wait until the client has had a chance to undergo a thorough medical evaluation and to complete at least the initial stages of treatment. Otherwise, an informed and accurate calculation of damages may not be possible. Since haste could compromise final recovery, some initial patience is usually advisable to avoid future regrets. However, an injured person should not delay contacting an experienced personal injury attorney, since doing so may result in important deadlines being missed.

Once a settlement demand is made, time is required for the negotiations to take place. The insurance carrier will generally respond with an initial offer, and the victim’s attorney will work to bring that amount as close as possible to the figured quoted in the demand. This back-and-forth exchange may be quite informal or mediation may be scheduled.

What Documentation Supports My Demand?

A settlement demand has to be supported by documentation that verifies your damages. An experienced personal injury attorney will assist you in obtaining and organizing the required information. Moreover, a careful examination of the relevant medical records, insurance policies, and financial information is indispensable. It will help your attorney correctly evaluate your claim and determine the applicable sources of compensation.

Your attorney will need all of the medical records and bills related to your accident. Your medical care providers will send this paperwork directly to your counsel’s office after you authorize them to release this information. This information will help to ensure that you are compensated for your past medical expenses, prospective medical costs, pain and suffering, and any permanent disfigurement or impairment. Moreover, if your injuries have caused you to lose income or your livelihood, you will need to provide financial information to help quantify your damages, such as pay stubs or income tax returns. Additional documentation may be necessary depending on the losses you have suffered.

Are There Payment Options for Medical Bills?

Even if you were not at fault, you may be required to pay for the initial treatment. However, any settlement or award of damages would serve to compensate you for those expenses, as well as cover any prospective medical costs. Moreover, many health care providers have experience with patients who do not have insurance or are otherwise unable to pay their bills immediately. In such cases, these care providers may postpone payment and assert a lien against your settlement or award of damages. This means that any bills will get paid from the money you eventually receive. There are a number of quality health care providers in Colorado who accept this form of delayed compensation. An experienced personal injury attorney can assist you in making the necessary payment arrangements.
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