Commonly Asked Questions About Personal Injury Claims
During an initial consultation at Bradley Devitt Haas & Watkins, P.C., our attorneys often answer questions about the personal injury claim process. We have compiled a list of frequently asked questions below.
Who Will Pay For My Medical Care?
If you suffered an injury from a motor vehicle accident or a slip and fall, you (or your health insurance company) are generally responsible for paying your medical bills as you incur them. If you or the property owner have medical payment insurance coverage (Med-Pay), the coverage will pay your medical bills until the expenses exceed the policy limits. Typically, Med-Pay coverage does not exceed $10,000. A personal injury claim allows you to recoup damages for ongoing medical bills, lost wages and pain and suffering.
When Should I See A Lawyer?
It is never too early to consult with a lawyer after suffering a serious injury. Engaging the services of an attorney right away helps preserve valuable evidence and speed up the process, which is crucial to the successful outcome of a claim.
What Is The Statute Of Limitations?
The statute of limitations for a personal injury claim varies depending on the circumstances of your injury. For a standard personal injury claim, the time limit for bringing forth an injury claim is two years from the date of your injury. However, the time limit for filing a notice of claim is reduced to 180 days for claims against Colorado or another state municipality. For injury claims resulting from a motor vehicle accident, the statute of limitations is three years. Medical malpractice victims have two years to bring forth a claim unless you meet an exception.
What Is The Process Of Handling A Claim?
The personal injury lawsuit process starts with an initial consultation with a lawyer. During the consultation the lawyer will review the case and outline the best course of action. If you choose to move forward, your attorney will gather the appropriate evidence and make a demand against the opposing party or their insurance company and, if negotiations are unsuccessful, file a formal complaint. After the filing of required documents, parties will engage in an evidence exchange process known as discovery. Settlement negotiations begin as the case heads toward trial. Parties can reach a settlement at any stage, and most personal injury claims settle out of court. The case proceeds to trial if parties cannot reach an agreement.