Legal Q & A - Frequently Asked Questions

• Why Do I Need a Colorado Lawyer?

  Find out why a Colorado attorney will serve you best.

• What is a Statute of Limitations?

  Find out why time is crucial in a personal injury case.

• What is a Contingency Fee?

  Contingency fee cases and alternative fee arrangements.

• How Do Insurance Companies Get Involved?

  What you should know about insurance coverage — yours and theirs.

• Legal Terms and Definitions

  View our list of definitions for many common legalese terms.

Why Do I Need a Colorado Lawyer?

If you have an accident in Colorado, but reside in another state, why should you consider a Colorado attorney? Because you will be required to file your suit in Colorado and an experienced Colorado trial attorney will know the applicable state law and will know the practical considerations to be addressed when filing a claim.

Every state has statutes of limitations and procedural requirements that place deadlines on when you can file a personal injury lawsuit. Statutes of limitations differ from state to state and depend also upon the nature of the claim. If the accident involves a government or state entity, other statutory requirements must also be satisfied prior to and at the time of filing a lawsuit. A Colorado personal injury lawyer will know these requirements and time frames.

Different states recognize different tort claims, and many have varying limitations on damage awards allowed for tort claims. What claim to file and how to best state that claim is part of the expertise you gain when you hire a lawyer from Colorado.

As a practical matter, a Colorado lawyer will also best know the local legal community—the judges and the defense counsel who might be involved in your case. This knowledge, and the benefit of an established reputation in the Colorado legal community, will enhance any personal injury claim filed on your behalf.

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What is a Statute of Limitations?

Every state has statutes, state laws, governing the time allowed for filing specific types of lawsuits. These time limits are called "statutes of limitations." If you miss the statutory deadline for filing your case, you lose the right to do so.

In Colorado, there is a two-year statute of limitations period for general negligence claims. Claims arising from auto accidents have a three-year statute of limitations, and those arising from medical negligence have a very strict two-year period. However, when the statute of limitations period begins running is not always obvious - that is, at what date does your two-year period begin.

If the injured party has a legal disability, such as being a minor, the period does not necessarily begin on the date of the injury. Likewise, if the injury is not immediately apparent, the period may not begin to run until discovery of the injury.

Claims against state or federal entities and institutions may have other time-sensitive procedural requirements with far shorter periods in which to act.

As with most legal analysis, you are best protected by discussing your matter with an attorney to ensure that you do not lose your right to file a lawsuit.

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What is a Contingency Fee?

Contingent fee arrangements in civil cases have long been commonly accepted in the United States, and may in fact be the only practical means by which an individual with a claim can afford to obtain the services of a competent lawyer.

"Contingent" means an attorney only collects if there is some type of recovery for the client, typically a settlement or jury award. If nothing is recovered for the client, no fees are paid the attorney. The attorney is compensated for the legal work performed by taking a certain agreed percentage or amount from the recovery, regardless of the time or effort involved.

This does not mean that the litigation is risk-free. Expenses, such as expert witness fees or copying charges for medical records, are commonly not covered by contingent fee arrangements and must be paid by the client irregardless of the outcome of the lawsuit. Depending on the nature of the case, expenses can easily run into several thousands of dollars.

Colorado law requires that before entering into a contingent fee agreement, your attorney provide you with a disclosure statement detailing the specifics of the contingent fee, the manner in which other litigation costs will be handled and alternative fee arrangements which are available. For more detail, visit our discussion of Litigation Expenses and Attorney Fees.

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How Do Insurance Companies Get Involved?

Questions as to insurance coverage can be some of the most complex issues you will encounter when considering a lawsuit. If you are injured in an auto accident, then special provisions of Colorado law requiring motor vehicle insurance will govern the insurance coverage. If you have a negligence claim arising from another's conduct, the other party may homeowners insurance which will provide coverage for your claim. You must bring suit against the negligent person, but typically their insurance company will hire the defense attorney and handle the litigation. If you are injured on the job in Colorado, then the state's workers compensation system will handle your claim.

If your medical insurance has paid your medical expenses for treatment of injuries suffered because of an accident, then the medical insurance company may have a right to collect part of the covered expenses out of the compensation you receive from your lawsuit. Before you even talk to a lawyer, you may receive notice from your insurance provider of a subrogation right against any proceeds you collect as a result of a personal injury claim.

Beware of the insurance adjuster for the other side—you may well be asked to provide a statement of your recollection of the accident. This is almost always tape-recorded, and it is not so much a statement by you as an interrogation by the adjuster. We strongly encourage people to talk to an attorney before agreeing to any type of statement other than to officers of the law.