Information about hiring an attorney

By
Services for Real Estate Pros with Buchheit & McCoy, PC

 

If we take your case, then we are confident that we will win it. If we work on a contingency fee basis, we don’t get paid anything unless we get you money.

What you don’t know about your legal and medical rights can significantly hurt and prejudice your claim for compensation. Colorado personal injury lawyers at Mintz Law Firm have successfully handled Colorado personal injury claims for well over 30 years. We have the expertise and associations, including long term relationships with the appropriate physicians and other types of experts necessary to develop a claim and to make certain that the proper evidence or expert’s opinions are documented so that you receive maximum compensation for your personal injury claim.

An experienced Colorado personal injury lawyer can make the difference.

When you are hurt by the carelessness of another, the decisions can be overwhelming. We may be able to help you. We fight insurance companies on a daily basis to maximize our client’s recovery.

Harm or injury caused to a person can be described as personal injury. Common personal injury cases involve car accidents, permanent injuries, dog bites, motorcycle accidents, falls or on another’s property from a dangerous condition. If you have been injured as a result of an accident, attack, or negligence of another you can file a lawsuit in Colorado and receive an insurance settlement.

Mintz Law Firm, LLC Colorado personal injury lawyers have had excellent results both in settlements and in trial and the insurance companies are well aware of those results.

It takes years to build up a reputation as a premier Colorado personal injury law firm with the insurance companies. We have successfully done that over the past thirty years. Our results speak for themselves. When you know what the insurance companies are looking for when they evaluate the claim you are obviously in a better position to document the things they need in order to provide authority to their adjusters to resolve the claim for the amount of compensation that it is truly worth.

Instead of months going by without any progress on the medical treatment we can make suggestions and refer injured clients to board certified doctors and making sure the diagnostic testing that will give objective proof of injuries is ordered in an early stage of the treatment. By getting results of diagnostic testing such as magnetic resonance imaging (MRI) or nerve conduction velocity tests the client and our office are able to make an informed decision on how much the claim is worth and when to attempt to resolve it. We believe it is better to know what the full extent of your injuries are prior to any settlement.

 

1. What will the lawyer charge me?

The Colorado personal injury lawyers at MINTZ LAW FIRM LLC do not require clients to pay any attorney’s fees on their personal injury claims unless their claim is settled. If no money is recovered, MINTZ LAW FIRM LLC does not charge any attorney’s fees. This is called a “contingency fee agreement.” This fee agreement is placed in writing and provides a guarantee that clients will not have to pay attorney’s fees until or unless a recovery is made.

2. If no compensation is recovered, and the client does not win their case, what fees and expenses are owed?

If no money is recovered, MINTZ LAW FIRM LLC does not charge the client any fees. Expenses paid out to third persons to develop the documentation of the claim or injuries are handled differently than attorney’s fees under applicable Colorado law. Under Colorado Law, any expenses incurred in connection with the claim, such as payments to doctors for their medical records, must remain the client’s responsibility. However, MINTZ LAW FIRM LLC does not incur any expenses until such time as they are absolutely necessary and holds expenses to the absolute minimum.

3. Is there any charge to consult with The Mintz Law Firm?

No. Every day MINTZ LAW FIRM LLC provides consultations free of charge for all types of claims which have caused serious injury, including car accidents that have occurred inside and outside the state of Colorado, on the job injuries and Colorado medical malpractice cases. Our lawyers will tell you if they believe that you have a valid claim and if so what needs to be done to pursue it. Your knowledge is the key to an informed decision and your success in obtaining compensation.

4. Are percentage fees charged to obtain undisputed no fault benefits?

No. MINTZ LAW FIRM LLC does not charge a contingency fee to obtain undisputed no fault (i.e., PIP) benefits or medical pay benefits unless they are contested by the insurance  

5. Does a person really need a lawyer to resolve a Colorado personal injury case?

Approximately twenty years ago insurance companies attempted in good faith to settle claims with persons not represented by legal counsel. However, that’s usually not true today, unless they simply offer ridiculously low amounts. Several respected studies, including one funded by the insurance industry, have determined that people represented by legal counsel end up with significantly more money from their claims than people without legal counsel, even after paying their lawyers.

Why? Simple. Insurance companies are driven to make profits and won’t make a reasonable offer to resolve the claim until they are sure they will otherwise pay out large amounts to defend the claim in the litigation process. That’s why they don’t make fair settlement offers unless the injured person has a lawyer. Insurance companies have numerous experts working for them, including investigators, adjustors, engineers and attorneys. It is their job to do everything they can to fight each claim.

MINTZ LAW FIRM LLC and his dedicated staff also has access to similar experts and a network of associates developed in the almost 30 years the firm has been representing injured persons and their families. We conduct independent investigations to protect our client’s interests. Additionally, MINTZ LAW FIRM LLC helps to manage the client’s medical care to make sure that they see excellent doctors that give unbiased disability opinions about the important issues for the legal claim(s) such as the question of the permanent affect of any injury, and the cost of future medical care.

6. Should I give a statement to the insurance company?

It depends on which insurance company is asking. Sometimes you have an obligation under an insurance policy covering you to give a statement or that company can deny coverage for the incident because of your failure to cooperate. Never give a statement to the insurance company for the party or parties at fault for causing the accident without discussing the situation with legal counsel. If it is the injured person’s own insurance company, the injured person has an obligation to cooperate with that company and has to provide certain information. However, all information should be provided only after consulting with legal counsel. Even statements to your own insurance company may be obtained by the at fault person’s insurance company at a later date, and used against you.

7. Who can find out about the information in connection with my case?

Any time a client speaks with an attorney the conversation is privileged, which means that the attorney cannot provide the information to any other third persons unless the client agrees. Information provided to an insurance company can be shared with other insurance companies.

8. How do I determine if I need an attorney when I’ve been injured through the fault of another?

When a person is injured as a result of another person’s fault, a claim for compensation arises. If the injuries result from an automobile accident, prior to July 1, 2003, Colorado law required that a person reach a threshold ($2,500 in medical bills, or permanent disfigurement or permanent injury) before they could seek compensation for their injuries. Since July 1, 2003, no threshold must be met, and a claim can be brought for all injuries suffered in any automobile accident. Other states have their own requirements.

When serious injuries occur, the injured person usually finds himself/herself at a disadvantage when dealing with insurance companies. Those companies have their own network of insurance adjusters, experts and doctors that help them minimize settlements. Most people do not have access to such a network of associates nor the information necessary to argue or fight with insurance companies over the amount of compensation that is reasonable.

Insurance companies are also good at manipulating the psychological issues that arise at the time someone is injured. Insurance adjusters have specific training on how to manipulate injured persons or their families and are taught ways to convince them to resolve claims for less than they are worth. For example, they try to present themselves as the friend of the injured persons or the family and ask for information before the affect of disclosure is clear.

Since consulting with MINTZ LAW FIRM LLC does not cost anything injured persons obviously benefit from consulting such experienced personal injury lawyers and obtaining a fair explanation of what their claims are worth and why and what information should be disclosed and when. 

9. What is the best way for an injured person to determine if they have a claim?

Consulting with an experienced personal injury lawyer is the best way to determine whether there is a claim and the value of it. MINTZ LAW FIRM LLC is among the premier Colorado personal injury attorneys and we will conduct an investigation to determine whether there is insurance coverage that will apply. For example, some injured persons are unaware that if they are injured through the fault of an uninsured driver, there still could be insurance coverage to provide compensation for their injuries. In Colorado this insurance is called “Uninsured Motorist” coverage or if the driver who injured them has insufficient insurance coverage “Underinsured Motorist” coverage and can be available not only from the automobile in which they are riding at the time of any accident, but also from their own policy or the policy of a blood relative or spouse who resides in the same home as they do at the time of the accident. There are also situations in which persons who have been in an accident experience head injuries, which cause amnesia. In that event, MINTZ LAW FIRM LLC can conduct investigations involving engineering experts who can reconstruct how the accident occurred and provide opinions as to who was at fault in causing the accident.

10. What period of time should it take to obtain compensation in connection with a personal injury claim?

This must be determined on a case-by-case basis. MINTZ LAW FIRM LLC and his staff are committed to resolving claims for the most amount of money, in the shortest period of time. However, it is important not to settle claims until the permanent effect of those injuries is determined and properly documented. MINTZ LAW FIRM LLC refers his clients to the appropriate physicians to get an accurate and informed opinion as to the permanency of any injuries and the effect of those injuries on the client’s activities of daily living and ability to be employed. Usually claims can be resolved within six months, depending on the injuries.  

11. What do you do after a Colorado car accident?

Although many automobile accidents are minor it is important to take steps to protect your interests. Also the law also requires certain steps be taken.

1) Eliminate any hazard caused by a disabled car. Move the car and the occupants to a safe location.

2) If anyone is injured call 911.

3) Once at a safe location, exchange insurance information with the other driver. Even if you do not appear to be injured or even if the other driver asks you not to report this to your insurance company you should be sure to obtain the other driver’s license and insurance information. Injuries are not always apparent and failure to obtain the other driver’s insurance information could prevent you from having some insurance coverage although you previously paid for it and from making certain insurance claims.

4) Report the collision to your insurance company if there is any property damage or injuries.

5) If you have been injured, consult with an experienced personal injury lawyer to learn your rights.

12. What happens if a person is involved in an automobile accident with an uninsured vehicle or underinsured vehicle?

Although Colorado law makes it a crime to drive a car that is uninsured some estimates are that up to 30% of the vehicles on Colorado highways are uninsured. If you are involved in an accident with a vehicle that is uninsured you can still make a claim against uninsured motorist coverage that covers you. That uninsured motorist coverage can be available through your own automobile insurance or that of a blood relative or spouse with whom you reside at the date of the accident or as a result of coverage on a car in which you were riding as a passenger. These claims have complex, legal issues. That’s why you should immediately consult an experienced personal injury lawyer to make sure you comply with the obligations to properly preserve such a claim.

13. If I make a claim for compensation will I have to go to trial?

Probably not. In Colorado, 98% of personal injury claims settle prior to trial.

14. Who decides if a case is settled or goes to trial?

You do. The client is the only one that makes this decision. Lawyers can recommend a settlement, but it is always the client’s decision whether to accept the settlement. MINTZ LAW FIRM LLC is proud of the fact that we provide a clear and concise evaluation of the claims for the client and all the information necessary for the client to make an informed decision on whether to settle a claim or proceed to trial.

15. Who pays the medical bills and loss of wages if a person is injured in an automobile accident?

The answer to that question depends on whether there is no-fault coverage applicable to the accident. For all accidents that occurred prior to July 1, 2003, no fault auto insurance will pay medical bills without regard to fault. For accidents that occur after July 1, 2003 there may be such coverage depending on when the applicable policy or policies renewed. Or, for post July 1, 2003, accidents there may be med pay coverage if it was purchased with a policy that covers you. Med pay coverage will pay medical bills but does not provide reimbursement for loss of wages. Or, if you have health insurance, it may pay medical bills. Where there is no such no-fault coverage, or med pay coverage Colorado is now a “tort” state, which means that all such losses will have to be recovered from the “at-fault” parties’ insurance company.

16. When I’m looking for a personal injury lawyer, what qualification should I look for?

Just as one would not request their family doctor to perform brain surgery, a lawyer who handles a personal injury claim should be experienced in these types of cases. It is important to find out how many years of experience a lawyer has handling personal injury cases and whether the lawyer has substantial trial experience. Many lawyers say they are “ trial” lawyers but have minimal experience. Insurance companies know which lawyers are excellent trial attorneys. This affects whether they will settle the claim. 

17. How do I know who is the ‘At Fault’ party?

In order to prove someone is at fault you must prove they were negligent. When someone fails to act in a reasonable manner they are “negligent.” Failing to stop at a stoplight or stop sign or driving over the speed limit or driving while intoxicated are examples of negligent behavior. Whether a traffic ticket is issued is not admissible as evidence in Colorado. Fault must be proven in other ways. 

18. What is the Colorado statute of limitations on auto claims?

Automobile accident claims must be brought within three years of the date of the accident for adults and three (3) years from the date a minor reaches eighteen (18) years of age for minors, i.e., someone less than 18 at the time of the accident. However shorter statute of limitations periods could apply to requirements to give notice, sometimes as short as 180 days. Therefore you should always consult with a lawyer about this issue. 

19. What is a “Dram Shop” claim?

This is a claim brought against the seller of liquor or an adult who provides liquor to a minor when the person consumes the alcohol and subsequently causes injuries to another. In Colorado it is illegal to sell alcohol to a person who is obviously intoxicated or to a minor. In the event of such an illegal sale the seller can be held liable for injuries caused by the intoxicated person.

20. What is a Slip and Fall claim?

If a person is caused to fall because of the improper design or maintenance of a building, sidewalk or other common area they may have a claim against the designer, builder or the person charged with maintaining the area. If the owner or management of a commercial building does not properly salt its sidewalks or the building has a design flaw that results in accumulation of ice where people normally walk they can be held responsible for this action.

21. What are my rights after the repeal of the Colorado Auto Accident Reparations Act as of July 1, 2003? 

22. What types of Colorado personal injury accidents do you handle?

Common personal injuries in Colorado involve: animal bites, auto accident, aviation/airplane accidents, bicycle accidents, boating injuries, burn injuries, bus accident, car accident, catastrophic injuries, construction accidents, dog bite injury, head/brain injury, motorcycle accidents, nursing home abuse, railroad accidents, slip and fall injuries, spinal injury, trucking accidents, whiplash injury, worker compensation, workplace injury, wrongful death, other serious injuries.

If you have been injured in a Colorado bicycle accident, please see our attorney Brian Wiess’ web page devoted to Colorado bicycle law frequently asked questions and bike accident legal information.

 

 

Comments (1)

Mary Butar

Quite useful artilce! I got a car accident yesterday and I need help! I'm searching for good attorney, can you recommend something for me please?

Aug 27, 2021 05:33 AM