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Auto Accidents

We are experienced attorneys serving auto accident victims in Fort Collins and Northern Colorado and we produce the results to back it up.

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Car Accident

$275,000

Our client was stopped to turn left when a driver hit her car from behind, causing serious injuries including a mild traumatic brain injury.

About Us We are a collaborative team with the ability to deliver for you.

All of our lead attorneys have extensive litigation experience against insurance companies. Our attorneys have secured multi million-dollar judgments and settlements. Many of our attorneys previously worked defending insurance companies. Now we use their experience and insight to advocate for our clients against those same insurance companies.

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FAQs

We know how confusing it can be after an accident. Who will pay for your medical treatment? Should you talk with the insurance company? Here’s some common questions and answers as a starting point.

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  • Some people try to settle their personal injury case without a lawyer. They think that lawyers are too expensive, or that they can do it on and get the same result. This approach rarely works. The insurance companies’ lawyers and adjusters are skilled at lowballing people who do not have a lawyer. Injured people are not aware of what damages they can recover and fail to ask to be compensated appropriately.

    We frequently see insurance companies offer injured people a small amount of money to settle their claim, even though their damages are ten times that amount. Some clients come to us after they have battled the insurance company for years and gotten nowhere.

    Hiring a personal injury attorney will result in a better recovery for you. At HSD Law, we pride ourselves on making sure we add value to every clients’ case. Hiring an attorney provides numerous benefits:

    • Insurance companies more fairly evaluate claims once an injured person is represented by a lawyer. If an insurance company lowballs our client, then it faces litigation.
    • We read the fine print in all available insurance policies—this includes both the at-fault party’s insurance policy and our clients. We check to see if the at-fault party has an umbrella policy, or if there is additional coverage under an employer. We review our client’s policies for Med-Pay Coverage and Uninsured / Underinsured Motorist Coverage to ensure that no money is left on the table. We also help negotiate any subrogation claims that are asserted by a client’s health insurance, Medicaid, or Medicare.
    • We maximize clients’ financial recovery because we know which categories of damages an injured person can recover. We work with our clients to articulate their economic and non-economic damages and gather the evidence to support the claim. When a client’s injuries result in permanent impairment, we are experienced at attributing a monetary value to the claim.
    • We make the insurance company pay the full amount billed for your medical services—not the amount actually paid for the services by your health insurance, Medicaid, or Medicare.
    • We are skilled at valuing a client’s non-economic damages—this includes pain and suffering, inconvenience, and loss of enjoyment. The more severe the injuries, the greater the non-economic damages. Knowing how to evaluate, articulate, and demand payment of non-economic damages can only be gained through years of experience handling these types of claims.
    • We pay close attention to how the injuries will affect our clients in the future. We speak with doctors regarding future medical treatment our client needs and then calculate the client’s future medical expenses. When appropriate, we also consult with economists regarding what income a client will lose in the future and to calculate a client’s diminished earning capacity.

    Don’t go it alone. Together we can achieve excellent results.

  • Trials are sometimes necessary to get a fair recovery, but they are rare. You always have the choice of whether or not to go to trial. We see our role as providing you with the best possible information so you can make an informed choice.

    We prepare every case for the possibility that it could end in a trial. Most of the time, we prove our clients’ claims to the insurance companies or at-fault parties with the evidence gathered during our investigation. We then negotiate to determine if a fair settlement can be reached. We’ll advise you whether, based on our extensive experience, a settlement offer is fair or not. We’ll explain the pros and cons of pushing forward with filing a lawsuit. We’ll answer your questions and recommend a course of action.

    It’s important to note the difference between litigation and trial. Litigation is a word we use to mean anything after the filing of a lawsuit. We usually try to settle your case without even filing a lawsuit. Most cases are settled without filing a lawsuit. But sometimes it may be necessary to file a lawsuit. The defendant might be denying fault. The insurance company might not believe that you are hurt as badly as you are. Filing a lawsuit provides the opportunity to make witnesses answer questions under oath and provide documents and other evidence. We may need to get a court to order someone to provide information they are refusing to provide. All of these steps and much more are considered litigation, but they are not a trial. After these information gathering steps, we will again try to negotiate a settlement in your case, often in a mediation. Even most lawsuits are settled without a trial.

  • If you do not hire an attorney after an accident, then you will likely be contacted by the insurance company for the at-fault party. Most of the time the insurance adjusters are friendly. They will ask you to tell them about the accident and ask you to sign a release so that they can access your medical records to evaluate the claim. Although the insurance adjuster will encourage you to sign a medical records release, you should not sign one. If you signed a medical records release before speaking to an attorney, be sure to inform them so they can promptly revoke the release.

    There are many reasons that we do not have clients sign medical releases for the at-fault insurance company. Signing a release potentially reveals your entire medical history to the insurance company and violates your privacy. It also allows the insurance company to use unrelated medical conditions as an excuse to undervalue your claim. It may also give them access to your health insurance information, which is irrelevant to your claim and will only result in a lower settlement amount.

    If an insurance company is asking you to sign a release, you should talk to an HSD attorney immediately. Once you hire HSD Law the insurance company will stop calling you, and it is required to talk to your attorney instead. An attorney at HSD Law will determine which medical records the insurance company receives. This preserves your privacy and avoids giving the insurance company information to use against you.

Overview Here’s everything you need to know.

How they can happen

Car accidents happen frequently and can cause serious injury. Car accidents can be caused by driver inattention, distracted driving, driver fatigue, sun glare issues, traffic congestion and many other reasons. The types of auto accidents we handle include the following:

  • Auto v. Auto
  • Auto v. Truck
  • Truck v. Truck
  • Auto v. Bicycle
  • Auto v. Pedestrian

Steps to take if you are in an accident

If you are involved in a car accident you should consider the following in order to obtain the appropriate treatment for your injuries and to preserve your personal injury claim:

  1. Seek medical treatment. Get checked out on the scene of the accident if you feel you are injured. Seek follow up treatment at a local urgent care, emergency room or with your primary care doctor if you start feeling pain after the accident. Often times, the adrenaline rushing through your accident numbs pain at the scene of the accident. It is common for accident victims to seek treatment after the accident as that is when the onset of pain occurs. Each person and each accident is different, however, it is always important to seek treatment when you feel treatment is needed.
  2. Document the facts. Call the local authorities and make a report. Document information of the person who caused the accident. Follow up and obtain an accident report from the agency that responded to the scene. Make sure you obtain photographs, write down what you observed, and obtain statements from others who observed the accident. If you are experiencing pain it can be helpful to maintain a pain journal.
  3. Gather potential evidence. It is important to keep track of expenses you incurred as a result of the accident. Receipts for medical treatment, rental cars, prescriptions, replacement of personal property and other costs incurred can be helpful to have when presenting your case to the insurance company.
  4. Don’t talk with the other person’s insurance company. The insurance company for the at fault party will want information from you soon after the accident. The company will ask that you provide a statement over the telephone or in person. The company will ask you to sign releases for your medical records. The insurance company will evaluate your claim as quickly as possible and offer you a low settlement to close the claim. You have no obligation to cooperate with the at fault party’s insurance company, in fact, it can work against you. By settling your claim early, you are giving up certain rights and may be settling without understanding your injuries and whether you have reached maximum medical improvement. Call our experienced attorneys before you talk to the insurance company.
  5. Hire an attorney. Personal injuries resulting from a car accident can be life changing. The paperwork alone is time consuming and you will be short-changed by the insurance company. You have obligations to your health insurance company when you settle a personal injury claim. These obligations will not be explained to you by the at fault party’s insurance company and could leave you owing money to your health insurance company. Our attorneys are experienced with navigating your personal injury claim to ensure you are compensated and protected.

Potential Claims and Sources of Recovery

Resolving your personal injury claim is not as simple as it may seem. You may have ways to recover compensation other than through the at fault party’s insurance carrier. Your own insurance policy may provide coverage for your personal injury claim even when the accident is not your fault. That coverage is called uninsured or underinsured coverage. You may also have medical payments coverage on your car insurance policy which will cover some of the medical bills you incur as a result of the accident. If you attempt to settle your claim without preserving your right to pursue coverage under your own insurance policy you may be unable to be adequately compensated for your injury. Determining whether you have this coverage and whether it applies to your personal injury claim is what we can help you determine.

Similarly, the at fault party may have more information that is applicable to your claim than he or she knows about or discloses to you. This is important if the value of your personal injury claim exceeds the applicable insurance policy limits.

We are here to help. Contact HSD Law today to discuss your car accident claim.

970.294.3429