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Bad Faith
What is Bad Faith?
Bad faith arises when your insurance company acts unfairly or unreasonably when working with you to resolve a claim. Your insurance company is required to act in good faith in resolving the claim.
What happens if my insurance company acts in bad faith?
If your insurance company acts in bad faith, your remedy is to bring a breach of contract claim against your insurance company along with common law claims.
Comparative Fault or Comparative Negligence
What is Comparative Fault or Comparative Negligence?
Comparative fault or comparative negligence arises when the injured person is partially responsible for causing his or her own injures.
What is an example of Comparative Fault or Comparative Negligence?
The defendant ran a stop sign and then collided with the plaintiff – who was speeding. The defendant is at fault as they did not have the right of way; however, the defendant could argue that the plaintiff is partially at fault and that the crash would have been avoided had the plaintiff not been speeding. In the alternative, the defendant could argue that the plaintiff’s injuries might have been less severe had the plaintiff been following the speed limit.
How does Comparative Fault or Comparative Negligence impact the Plaintiff’s case?
The defendant raises this issue as an “affirmative defense.” Comparative fault or comparative negligence laws vary from state to state. In Colorado, if the plaintiff is found to be 50% or more at fault, then she cannot recovery anything from the defendant. However, if she is found to be less than 50% at fault, then her total damages (the monetary value of her claim) is reduced by the percentage that she was at fault.
Contingent Fee Agreement
What is a Contingent Fee Agreement?
A contingent fee agreement is a written contract signed by both the client and his or her lawyers.
How does my lawyer get paid under a Contingent Fee Agreement?
Under a contingent fee agreement, the lawyers are not paid until they recover funds for the client. Once funds are recovered, the lawyers take a percentage of the funds as payment for their legal services.
What if my lawyer fails to recover any funds for me?
Under a contingent fee agreement, if the lawyers fail to recover funds, the client does not owe them any legal fees for time spent working on the client’s case.
Damages
What are damages?
Damages are the different types of monetary claims you may be able to recover. See each specific type for more information.
Deposition
What is a deposition?
A deposition is a statement made by parties to a lawsuit or witnesses to a lawsuit, under oath and in the presence of a court reporter. The person who is having his or her deposition taken is placed under oath and is asked questions by the opposing attorney. The entire proceeding is recorded by the court reporter, and the court reporter prepares a transcript of the deposition. The statements made in a deposition are binding on the person who made the statements and can be used as evidence at trial.
How the Litigation Process Works in Fort Collins, CO
What is Litigation?
Litigation is the filing of a lawsuit. It is a process in which formal pleadings are filed with the court and the case may end up going to trial.
Will we have to file a lawsuit in my case?
Most personal injury cases are resolved without litigation. Instead, your attorneys will negotiate a settlement with the insurance company before litigation is necessary. When a settlement cannot be reached, then your attorney will start the legal process of litigation.
How does the litigation process work in Larimer County?
The litigation process involves more than a trial. First, your attorney will file a pleading called a “Complaint.” This pleading generally describes the parties to the lawsuit, the nature of the accident and injuries, and it asks the court to order one side to pay the other money. After the complaint is filed and litigation begins, it usually takes one year before the case goes to trial. Within that time, information is gathered on both sides through a process called discovery, depositions are typically taken, and the parties participate in a process called mediation. Most cases that enter litigation are settled prior to trial.
Insurance Release
What is an Insurance Release?
An insurance release is a document the insurance company will require you to sign to receive payment for your claim.
Should I sign an insurance release if the insurance company sends me one?
Insurance companies will often pressure you to settle a claim without hiring an attorney. This release will prevent you from obtaining additional money for your claim. The release requires that you make no future claims for your accident against the at-fault-party. Once an insurance release is signed it cannot be undone.
Medical Payments Coverage (Med-Pay)
What is Med-Pay?
Medical Payments Coverage, also called Med-Pay, is a type of insurance coverage offered by your auto insurance company that will cover some or all of your medical bills incurred due to an accident.
Do I have Med-Pay under my insurance policy?
Many people have Med-Pay through their auto insurance policy without realizing it. Unless you have signed a rejection of Med-Pay coverage, you likely have it. Many people have $5,000 of Med-Pay coverage.
Non-Economic Damages
What are noneconomic damages?
Noneconomic damages are intangible, non-monetary losses resulting from an injury, such as pain and suffering, emotional distress, loss of enjoyment of life, etc.
Premises Liability
What is Premises Liability?
Premises Liability is the legal principle that holds property owners and occupants liable for injuries that occur on their property. These types of cases include most trip and fall and slip and fall claims, many dog bite incidents, and dangerous conditions on the property, like dilapidated stairs or the lack of handrails.
Property Damage
What is Property Damage?
Property damage is one of the categories of damages that can be paid for due to an accident. It includes things that were lost, destroyed or damaged in an accident. Examples of this are your car, motorcycle, bike or personal items such as your cell phone, computer, glasses, tools or work equipment. A property damage claim is distinct from the bodily injury damages claim and can sometimes be resolved separately while still keeping the bodily injury claim open. When appropriate, it can also include payment for diminution in value or loss of use in addition to payment for repairs of the value of a totaled vehicle.
Settlement
What is a settlement?
A settlement is an agreement between you and (most often) the insurance company. A settlement is a decision made by you and the at-fault-party’s insurance company that you will receive a certain sum of money for your injuries, damages and pain and suffering.
When does settlement take place?
Settlement can occur at any time, including before or after a lawsuit is filed.
Statute of Limitations
What is a Statute of Limitations?
A statute of limitations is the time limit to resolve a claim or file a case. Different types of claims have different time limits. Also, statutes of limitation vary from state to state.
Which Statute of Limitations applies to my claim?
Different types of claims have different time limits. This is an incredibly important date to know, and it often requires an attorney to make a detailed and factual analysis of your circumstances to determine which statute of limitations applies. For example, in Colorado, an auto crash has a different statute of limitations than a premises liability claim. But if an auto crash results in death, then it becomes a Wrongful Death claim, which has a shorter statute of limitations.
What happens if I don’t resolve my claim or file a lawsuit before the statute of limitations deadline?
If you do not settle your claim or file the case in court by the statute of limitations, then the claim expires and you are completely barred from making it.
Traumatic Brain Injury (TBI)
What is a TBI?
Injury to the brain from a blow or force. TBI can also be caused by rapid rotational forces without the head actually striking anything, like when a vehicle occupant is rapidly restrained by the seatbelt in a crash and the head snaps forward to a sudden stop. It includes everything from minor concussions to severe damage caused by a skull fracture or object penetrating the brain tissue.
What are some symptoms of a TBI?
Symptoms can include everything from headaches to speech impairment to death.
Understanding Subrogation and Its Role in Legal Claims
What is Subrogation?
Subrogation is the right of an insurance company or medical provider to be repaid for the treatment it paid for or provided to you.
When does subrogation arise?
When you receive money for your injury claim, your health insurance company and medical providers are often entitled to payment out of the money the injured party receives.
What if I don’t repay my insurance company or medical providers after receiving a settlement?
If you do not repay your insurance company or medical providers you could be held accountable and sued for payment. What you are not told is you are often entitled to a discount on the amount owed if you hire an attorney or certain circumstances exist.
Uninsured or Underinsured Motorist Coverage (UM / UIM Coverage)
What is Uninsured or Underinsured Motorist (UM/UIM) Coverage?
Uninsured or Underinsured Motorist Coverage, also called UM/UIM coverage, is insurance coverage that you purchase to protect yourself in the event that you are involved in an accident with someone who has no insurance, or only very little insurance.
Do I need Uninsured or underinsured motorist (UM/UIM) Coverage?
UM/UIM Coverage provides you more protection. If someone with no car insurance, or only very little car insurance ($25,000) injures you in an accident, your medical bills could easily be more than $25,000. UM/UIM Coverage allows you to recover your damages and medical expenses through your own auto policy when another driver does not maintain adequate insurance coverage.
What is Governmental Immunity or Sovereign Immunity in Colorado?
What is Governmental Immunity or Sovereign Immunity in Colorado?
Generally, public entities cannot be held liable for their negligent acts unless they agree to the contrary.
Are there any exceptions to Government Immunity or Sovereign Immunity in Colorado?
There are limited exceptions to this general rule. For example, in Colorado, the exceptions are contained in the Colorado Governmental Immunity Act (CGIA). If your claim doesn’t fall into one of the specifically listed categories, you cannot recover against the responsible public entity.
What kinds of public entities have Governmental Immunity or Sovereign Immunity in Colorado?
Entities that you might not expect may fall under this rule, including many hospitals, schools, universities, and other places that are publicly owned or funded. Colorado publishes a list of local governmental entities. Keep in mind that this list does not include every entity that is covered by the CGIA. In Colorado, there is also a requirement that you provide notice to the appropriate governmental agent within 182 days of the incident.
About the Firm We are Hadfield Stieben & Doutt
Experienced Attorneys serving Fort Collins and Northern Colorado. We are honest lawyers who offer a human approach, working directly with you, listening to you, and ultimately doing what’s in your best interest.
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