FAQ’s – Your Right to Know!

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.

This is where your own Uninsured/Underinsured Motorist (UM/UIM) coverage applies. This is an optional part of your auto policy that covers your bodily injuries if you’re hit by an uninsured driver or a driver whose policy limits aren’t high enough to cover your damages. Filing a UM/UIM claim with your own insurer allows you to recover compensation without relying on the at-fault party.

Yes. While Colorado law requires seatbelt use, failing to wear one does not prevent you from filing a claim. However, a court or jury may reduce the amount you recover for pain and suffering if they determine that your injuries would have been less severe had you been buckled up. It does not automatically bar you from recovering other damages like medical bills or lost wages.

Claims against government entities in Colorado are governed by the Colorado Governmental Immunity Act (CGIA). This act imposes a much shorter deadline: you must file a formal written notice of claim within 182 days of the injury’s discovery. Failure to meet this strict deadline will permanently bar your claim.

No. This situation is addressed by the Eggshell Plaintiff rule in Colorado law. This legal principle states that a defendant must take the victim as they find them. You are entitled to compensation for any aggravation or worsening of a pre-existing condition that was caused by the accident. The at-fault party is responsible for the new harm they caused.

There is no set timeline. A straightforward case with clear liability and minor injuries might settle in a few months. A difficult case involving severe injuries or a dispute over fault could take a year or longer, especially if a lawsuit becomes necessary.

In many cases, yes. To prevent companies from avoiding responsibility, federal regulations sometimes create a statutory employee relationship for drivers, even those classified as independent contractors. This means the trucking company may still be held liable for their negligence as if they were a direct employee.

That is not a barrier to filing a claim. Because commercial trucking involves interstate commerce, if the accident happened in Longmont, the Colorado courts will typically have jurisdiction to hear the case. We are able to file the lawsuit right here.

There are three main differences: the severity of injuries is usually far greater, the insurance policies are much larger, and the legal framework is more complicated, involving a mix of state tort law and federal trucking regulations.

This might complicate matters, but it does not necessarily end your ability to recover compensation. The company’s insurance policy is a separate asset and generally remains active and available to pay claims even during bankruptcy proceedings. An experienced lawyer will help work through this process.

It varies depending on the complexity of the case. Because the injuries are usually severe and require long-term medical treatment, these cases typically take longer to resolve than a standard car accident claim. We must have a full understanding of your future medical needs before settling, to ensure you are fully compensated. An attorney will provide a rough estimate based on the specifics of your situation.

Yes. If the crash resulted in a death, Colorado law permits certain surviving family members to pursue a wrongful death claim and seek compensation for losses related to the deceased’s passing, including funeral and burial expenses, emotional grief and suffering, and the financial support the deceased would have provided to their family. Colorado’s Wrongful Death Act outlines who may file a claim and the deadlines that apply.

The most important step is to seek immediate medical attention. After that, take a few critical steps to protect your future claim. If possible and safe, use your cell phone to take photographs of the accident scene, including vehicle damage, road conditions, skid marks, and the truck’s license plate. Obtain the names and contact information of any witnesses. Crucially, do not sign any documents or provide a recorded statement to the trucking company or their insurance adjuster before you consult a seasoned attorney.

Not at all. When you choose attorney Edward Smith, the initial consultation is free, and you’ll only pay if Mr. Smith recovers compensation for you. We can discuss fee arrangements in more detail during your consultation.

It’s impossible to determine your case’s worth without discussing its specific details. Mr. Smith will be able to give you a better idea of the compensation you may be able to recover at your no-cost consultation.

Yes. Because Colorado is a modified comparative negligence state, you can pursue compensation if you were less than 50% at fault. However, if you were partially responsible, your compensation will be reduced according to your assigned percentage of fault.

According to the League of American Bicyclists, Colorado ranks sixth in the country for bicyclists. While our state may be more bike-friendly than most, devastating bike accidents can and do still happen.

That depends on the severity of your injuries, the degree of negligence of the drunk driver, and many other factors. The best way to know what your case may be worth is to discuss it with attorney Edward Smith at your free consultation.

Working with Mr. Smith is risk free — you pay nothing unless he wins your case. If Mr. Smith takes your case, you agree to pay him a certain percentage of any money he recovers for you.

Possibly, but criminal cases are different from civil cases. Criminal cases are tried by state or local prosecutors. In a civil case, a lawyer attempts to recover compensation for you.

You most likely will not. Most drunk driving accident cases are settled out of court. If your case is one of the few that goes to court, attorney Edward Smith will help you prepare for trial.

Pursuing compensation after a rideshare accident can be complicated. If you’ve suffered injuries, it’s best to contact a qualified attorney to discuss your case.

At The Law Offices of Edward Smith, you’ll never pay a dime out of pocket. Mr. Smith will only claim attorney fees if he successfully helps you obtain a settlement or jury award.

Settlements vary from one case to the next and depend on many factors, including the type and severity of the victim’s injuries, who’s at fault, and associated costs. Your lawyer can help you understand what to expect in your case.

Yes. As long as you’re deemed less than 50% responsible for the accident, you’ll still be eligible to pursue compensation.

Attorney Edward Smith won’t hesitate to take your claim to court if necessary. However, the majority of accident cases are settled outside the courtroom.

After making sure you’re safe and getting medical attention, document the accident scene. Take pictures, talk to witnesses, and call Edward Smith to discuss your case.

Like the majority of personal injury attorneys, Edward Smith works on a contingency fee basis, so you don’t pay any upfront costs. He gets paid only if you win your case.

In Colorado, the statute of limitations for personal injury cases is generally two years from the date of the accident. However, you’ll want to act quickly to preserve evidence and strengthen your case.

You may be able to file for both economic damages (medical bills, lost income, and property damage) and non-economic damages (pain and suffering and emotional distress). Attorney Edward Smith can help you calculate the full value of your case.

In Colorado, the law follows a rule called modified comparative negligence. This means that as long as you’re less than 50% at fault for the crash, you can still recover damages. Your compensation will be reduced by the percentage of fault assigned by the court.

If you get hit by a car or truck while on foot, seek immediate medical attention. Doing so ensures that any injuries, no matter how severe, receive prompt treatment. From there, contact a pedestrian accident lawyer in Boulder to discuss your next steps.

Colorado only gives crash victims three years from the date of their accident to file a claim and seek damages. Afterward, the expired statute of limitations could prevent you from receiving any compensation, no matter how serious your injuries were.

Under Colorado’s comparative negligence law, you can recover compensation so long as your negligence is not equal to or greater than the other party’s. If you are found to be 50 percent or more responsible for your accident, you cannot recover any damages.

The time it takes your case to resolve depends on several factors, including how strong the evidence is in your favor and how well-documented your injuries are. Complex injuries such as brain injuries may require detailed legal work to maximize recovery and move your case toward a successful resolution.

The driver who rear-ended the other vehicle is typically at fault. However, there are exceptions. Attorney Edward Smith will investigate your claim and the specific details surrounding the collision to identify responsible parties.

Compensation varies depending on the severity of your injuries, the extent of property damage, and the degree of fault assigned to each party. These factors directly impact the amount you may recover.

Yes. Colorado’s comparative negligence law allows you to recover damages as long as you are less than 50% at fault. Your compensation will be reduced by your percentage of fault.

The timeline depends on the complexity of your case and whether a settlement can be reached or the matter goes to trial. Attorney Edward Smith works to secure a fast and fair resolution whenever possible.

Edward Smith works on a contingency fee basis and offers free consultations. You pay nothing upfront and only pay if he wins your case. If compensation is recovered, fees are taken as a percentage of the settlement or verdict.

Attorney Edward Smith offers free consultations and works on a contingency fee basis, meaning there are no upfront costs. If he does not recover compensation for your case, you owe nothing. If compensation is recovered, a percentage of the settlement or verdict will be taken as attorney fees.

The timeline depends on the strength of your case, the willingness of the other party to negotiate, and whether the matter settles or goes to trial. Clear liability cases may settle within weeks or months, while litigation and jury trials can take significantly longer.

There is no standard compensation amount for personal injury claims. The value of your case depends on the severity of your injuries and the degree of fault. Attorney Edward Smith will evaluate your claim during a free consultation and explain the potential value based on your circumstances.

Colorado law generally provides a three-year statute of limitations for personal injury claims. The clock begins on the date of the accident. Acting quickly is important to preserve evidence, locate witnesses, and protect your legal rights.

You may seek compensation for medical bills, lost wages, property damage, and pain and suffering. The exact damages depend on the specifics of your case. Attorney Edward Smith will carefully review your situation to ensure all recoverable damages are included in your claim.

Under Colorado’s comparative negligence law, you can recover compensation as long as you are less than 50% at fault. If you contributed to the accident but remain under that threshold, your compensation will be reduced based on your percentage of fault.

When you’re injured in an accident, pursuing compensation on your own can be overwhelming. An experienced attorney can provide guidance, support, and advocacy, allowing you to focus on recovery while protecting your legal rights.

Attorney Edward Smith works on a contingency basis. This means there are no upfront legal costs; fees are only collected if he successfully recovers compensation for you through a settlement or verdict.

Settlement amounts vary based on factors such as your injuries, medical costs, and degree of fault. Edward Smith will review the specifics of your case and explain what you can reasonably expect based on similar cases and your circumstances.

In Colorado, the statute of limitations for personal injury claims from car accidents is three years from the date of the incident. If the accident results in a wrongful death, it’s important to contact a Boulder wrongful death attorney as soon as possible to preserve your right to file and build a strong case.

Most Uber accident cases settle out of court through negotiations with insurance companies. However, Edward Smith is fully prepared to take your case to trial if necessary to ensure you receive the compensation you deserve.

In Colorado, the deceased’s surviving spouse has the first right to file a wrongful death claim. If there is no spouse, the deceased’s children may file. Parents of the deceased and other designated beneficiaries may also be eligible under certain circumstances.

Compensation in a wrongful death case may include financial support, funeral and burial expenses, emotional pain and suffering, and other losses resulting from the death. Attorney Edward Smith will evaluate your case to determine its full value.

Colorado law generally requires wrongful death claims to be filed within two years of the person’s death. While this may seem like plenty of time, it’s best to act quickly to ensure you preserve your right to seek compensation.

Most wrongful death cases are resolved through out-of-court settlements. If a fair settlement isn’t possible, a lawsuit may be filed, and Edward Smith is fully prepared to take the matter to trial to protect your rights.

Most attorneys, including Edward Smith, work on a contingency fee basis. This means you pay no upfront legal fees — Edward Smith only gets paid if he successfully recovers compensation for you.