Personal Injury

FAQ's - Your Right to Know!

Longmont & Boulder, Colorado

Personal Injury Law - FAQ's

Personal injury cases stem from accidents caused by negligent behavior from another person or company. The reasons vary from motorcycle accidents to slipping and falling on an icy driveway. Over the past 30 years, Boulder personal injury lawyer Edward Smith has gained experience dealing with personal injuries throughout Boulder and Longmont, CO caused by several different factors. Learn more about each area he deals with below.
The Colorado Statute of Limitations for slip and fall cases is two (2) years. This means that you have two (2) years in Colorado to either settle your accident claim or file suit. If you let the 2 year statute expire without having settled or filed suit, you will lose your right to pursue money damages related to your slip and fall case.
If you have been injured in a car accident or slip and fall accident that wasn’t your fault and you needed medical treatment for your injuries, you likely have a personal injury claim. Things like medical costs for treatment you needed, lost wages and other out-of-pocket expenses incurred because of the accident also support your personal injury claim. If you’ve been injured in an accident it’s best to speak with an experienced personal injury attorney before talking with the insurance company involved to discuss your situation. We provide a free consultation so there is absolutely no cost to you to speak with Ed Smith.

If you have been injured in a car accident or slip and fall accident that wasn’t your fault and you needed medical treatment for your injuries, you likely have a personal injury claim. Things like medical costs for treatment you needed, lost wages and other out-of-pocket expenses incurred because of the accident also support your personal injury claim. If you’ve been injured in an accident it’s best to speak with an experienced personal injury attorney before talking with the insurance company involved to discuss your situation. We provide a free consultation so there is absolutely no cost to you to speak with Ed Smith.
The value of your case depends on the nature and severity of your injuries and a host of other factors. The type of injuries you sustained, the type of treatment and how long you receive treatment is also a big factor in determining the value of your case. There is a wide range of damages that you could be entitled to that include: Medical bills, pain and suffering, lost wages (past and future), property damage, punitive damages (in some cases), permanency and disfigurement.

By consulting with Ed Smith and explaining the details surrounding your case, you will be able to get a better idea of the amount of compensation you could be entitled to. It’s also important to know that because the value of your case will depend on many factors that may not be known until you are closer to finishing your medical treatment, it is difficult to pin down the value of your case if the accident happened recently, At the same time, having an experienced personal injury attorney on your side early on can have a big impact on the value of your case. Knowing which type of treatment you need, what to say and not say to your medical providers, what type of treatment is typically more beneficial to your recovery, and other information provided by your attorney can have a huge impact on your recovery as well as the value of your case.

Beware of an attorney that tells you he or she can tell you what your case is worth over the phone during a 15 minute conversation, it just doesn’t work that way.
Colorado has a three year Statute of Limitations for motor vehicle accident cases and a two year Statute of Limitations for Slip and Fall cases. This means that you must either settle your case within this time frame or file suit to protect against your claim going away. This is a tricky topic and one that should be discussed with an experienced personal injury attorney. For example, while there is a three year Statute of Limitations on a motor vehicle accident, if you need to bring an Underinsured Motorist benefits claim, you will likely have two more years after you settled the underlying bodily injury claim to resolve your UIM claim. This is an example of why it’s best to consult with a personal injury attorney if you have been injured in a car accident or slip and fall accident.
The Law Offices of Edward Smith handles a wide range of personal injury cases including car accidents, motorcycle accidents, bicycle accidents, truck accidents, pedestrian accidents, slip and fall and wrongful death cases. If you or a loved one was injured due to someone else’s negligence, please contact Ed Smith for a free, no obligation consultation. Ed has over 29 years of experience and actually started out representing insurance companies so he is familiar with how they evaluate cases and how they think.
According to a 2014 study (and follow up study) by the Insurance Research Council, people who hired an attorney to represent them in a personal injury case received almost three times the compensation than those who handled their own case. This is even after attorneys fees and costs were paid. Personal injury cases are complex and the best results require significant experience and knowledge that an experienced personal injury lawyer will bring to the case. Personal injury law is also full of potential mistakes that are often not discovered until it is too late. Handling one’s own case requires the injured person to communicate regularly with the insurance company and that works against your claim. The insurance company on the other side of your case has the goal of paying out as little as possible. Each time you speak with the insurance adjuster you risk saying something that could damage or even destroy your accident claim. The bottom line is that if you were seriously injured in an accident, you are likely to be far better off with an attorney than without one.

Ed Smith had close to 30 years of experience in personal injury law. He started out representing insurance companies and learned how they think and how they evaluate claims. He knows what is important and what’s not to an insurance company. Ed also truly cares about his clients and their outcome. Ed provides one-on-one personal attention to each one of his clients. Ed helps his clients with their medical treatment to ensure his clients are receiving the best treatment and are on the path to recovery. Unlike so many personal injury law firms where it’s just about the money, that’s not the case with Ed. He truly wants to see his clients recover from their injuries and get back to where they were before the accident. Make no mistake, Ed is also focused on recovering the most he possibly can for his clients and his results prove this. Contact Ed today for a free, no obligation consultation and you will see why he receives 5 stars from his clients.
All cases are taken on a contingency basis which means that we don’t get paid unless you do. If we don’t collect money for you, you owe us nothing. We also cover all costs up front so it costs you nothing to get us involved. The bottom line is that there is no risk to you to get us involved, period.
Ultimately it will be the other driver’s insurance company that will pay your medical costs through a settlement or jury award. However, while the at-fault driver’s insurance company is ultimately responsible, they won’t pay your medical bills until your case is resolved as part of the resolution of your claim. This means that you need to first look to your Medpay coverage through your own automobile policy. After that you need to use your medical insurance, including Medicaid or Medicare. If you don’t have health insurance or Medicare/to pay for your ongoing medical treatment, there are other options. Our office works with Physicians, physical therapists and other medical providers who will provide medical treatment and get paid when your case settles. It is important to remember that you want to complete all medical treatment you may need before settling your claim. This is because you only get one chance at settling your case and you cannot re-open it once you settle.
No, you shouldn’t. It is highly recommended that you do not talk with the at-fault driver’s insurance company before speaking with an experienced personal injury attorney. The insurance company for the other driver is not your friend. They will likely contact you shortly after the accident, especially if it is a serious accident, to get your recorded statement before you have had the chance to speak with an attorney. They want to do this to gather information to use against you when it comes time to resolve your claim. They also know that once you hire an attorney, they can no longer contact you. By speaking with the at-fault driver’s insurance company you take the very real risk that you will answer a question the wrong way or simply give them information that will work against you. Don’t take this chance. The best thing you can do is to at least speak with a personal injury attorney before contacting the other driver’s insurance company. It may be that your case doesn’t warrant getting an attorney involved or you may choose to handle it yourself, but because most personal injury firms provide a free consultation, take advantage of it.

The other thing to remember is that many personal injury law firms will not take your case if you’ve been trying to settle your claim with the insurance company, only to contact an attorney after negotiations fall through. It is often too difficult (and risky) for an attorney to step in after you’ve been discussing the details of your case in an effort to settle it directly with the insurance company. Without knowing what you’ve said, how you’ve responded to their questions, etc., the attorney is put in a difficult spot and you run the risk that you may not find an attorney willing to get involved. With most personal injury law firms providing a free consultation, you have nothing to lose by at least getting your free consultation.
You will be entitled to pursue all medical costs related to your accident treatment along with lost wages (past and future), pain and suffering, disfigurement and permanency. Things like out-of-pocket expenses for prescriptions, co-pays, and mileage reimbursement are also things you can recover.
The Colorado Statute of Limitations for motor vehicle accidents is three (3) years. This means that you have three (3) years in Colorado to either settle your accident claim or file suit. If you let the 3 year statute expire without having settled or filed suit, your ability to pursue money damages related to your accident go away permanently. If you have an Underinsured Motorist benefits claim, you will have an additional two (2) years to settle or file suit (or demand arbitration) after you settle your underlying bodily injury claim.
There are many advantages that come with hiring an experienced car accident lawyer. First, you are likely to receive more for your accident claim by using an experience personal injury lawyer than by handling it yourself. A study conducted by The Statistics Insurance Research Council showed that people who were represented by a personal injury lawyer received an average of $35,896. Without an attorney claimants received $6,624. Second, by using an experience injury lawyer your rights are protected. Individuals who handle their own claims have no way of knowing what to say and what not to say to the insurance company. The insurance company’s number one goal is to minimize what they pay you for your claim. They will ask you things and get you to say things that will hurt your claim and reduce the value. Finally, personal injury cases often involve complex issues and pitfalls that the non-lawyer is not familiar with and the non-lawyer won’t know that a mistake has been made until after it is too late. The Law Offices of Edward Smith will protect your rights and maximize your recovery. Please contact us to discuss your claim for free.
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