Personal Injury Attorney FAQ

Frequently Asked Questions

 

A Personal Injury and Wrongful Death Attorney Answers Common Questions Asked by Our Colorado Springs and El Paso County Clients

The legal process is notoriously confusing. Many people don't know how they can pursue justice against those who have caused personal injury or wrongful death; what their role is during the course of a lawsuit; or even if they need to hire a personal injury attorney following an auto accident, animal attack, or other incident. Fortunately, Ronald K. Schreiber,, a premier personal injury and wrongful death attorney in Colorado Springs, El Paso County and throughout the state of Colorado, is here to clear up some of the common confusions associated with the legal system and what it can and can't do for you.

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General Questions About Personal Injury Claims

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What is a personal injury claim?

When a person is injured due to the negligence of another person or entity, such as a business, the injured person may be entitled to receive money as compensation for the injuries and losses sustained. The process of seeking this compensation is referred to as a claim for personal injuries or a personal injury claim. Ron Schreiber is a personal injury attorney serving Colorado Springs, all of El Paso County, and the state of Colorado.

What can be recovered in a personal injury claim?

In theory, the law attempts to place a person back into the situation they were in before they were injured. Unfortunately, this is not possible, as the law and money cannot make your injury go away. The law does allow for money to be paid to try and compensate you for your injuries, expenses, pain, and suffering.

What can I do to improve my personal injury claim?

Your primary responsibility is to attend your appointments and recover from your injuries, but there are ways you can improve your claim. Good documentation is key. Get the names and addresses of witnesses to the accident. Take photos of your injuries or damage to your property. Get good medical documentation of your injuries. If you miss time from work, ask your employer and doctor for statements. Keep a log about your health and experiences. Document everything. The stronger, more complete and accurate the documentation, the better. Our personal injury and wrongful death attorney in Colorado Springs, El Paso County, and the rest of Colorado, can advise you regarding the best way to improve your individual lawsuit.

What type of compensation am I entitled to receive?

The law recognizes two main areas of damages or compensation. The first is called "economic damages." These are losses and expenses that are easily calculated: lost wages, medical expenses, mileage expenses, property damage. The second is called "non-economic damages." These include payment for pain, suffering, inconvenience, and loss of enjoyment of life. These damages are more difficult on which to put a dollar value. The amount of compensation you would receive or be entitled to receive is dependent on the individual facts of your claim.

Who pays for my car repairs following an auto accident?

If there is no question as to whether the other driver is at fault, then his or her insurance may come forward and offer to pay for the damage to your car. In some cases, you may need to turn to your own auto insurance under your collision coverage, if you have it, to have the damages paid for promptly. To ensure prompt results, have your personal injury attorney handle this area of your claim.

Can I get a rental car after an accident?

A rental car may be offered by the insurance company of the person who is at fault. If there is a dispute as to who is at fault, you may be able to turn to your own insurance, if you purchased rental coverage. A car rental agency will also have rules and regulations, generally pertaining to age, as to who can rent a car.

Who pays my lost wages and medical expenses?

These are damages that should be sought from the person who is at fault. Your personal injury attorney will, of course, help you with this.

Unfortunately, it may take months, even years, to completely understand the full extent of your losses and injuries. The insurance company for the person who is at fault will generally not pay lost wages and medical expenses as they are being incurred. A one-time settlement is generally reached when all medical treatment has been completed.

In the meantime, you may have to turn to your own insurance for assistance, depending on your coverage, or pay bills out of pocket. The potential of seeking medical treatment on a lien basis exists, where the doctor agrees to treat you now and wait for payment until the case is settled.

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Questions About Insurance Companies

Won't my insurance company protect me?

Your own insurance company has no obligation to pursue the person who is at fault for your injuries. You may have insurance coverage available to pay for damage to your vehicle or to pay initial medical bills, but this does not provide full compensation to you as provided under the law.

Rather, hiring a personal injury/wrongful death attorney and seeking compensation in court is often the best course of action. Colorado Springs, El Paso County, and Colorado residents seeking a highly experienced personal injury lawyer should contact Ronald K. Schreiber, P.C., today.

Won't the insurance company for the person who is at fault pay me what is fair?

An insurance company is not a nonprofit organization. The insurance company is a business that strives to make a profit. It does this by collecting more money in the form of premiums than it pays out in claims. Therefore, insurance companies do not have the incentive to fully compensate you. That is why it is often necessary to hire a personal injury lawyer.

What if the person who is at fault for my injury does not have insurance?

First, your personal injury attorney would make a thorough check of all possible avenues to determine whether or not any insurance coverage exists. Frequently, it will appear that the person at fault for your injury has no insurance, when in fact there is coverage.

Secondly, if the person at fault is uninsured, you may have insurance coverage that will pay. A competent personal injury attorney will be able to ensure that all insurance coverage is checked.

If there is no insurance from any source, the person at fault would still be liable for your injuries. A good personal injury attorney will check the party for any assets that could be used to compensate you for your losses.

Should I cooperate with my insurance company?

Your insurance policy may require a degree of cooperation. However, there are limits to the amount of cooperation you owe. You need to recognize that the insurance company is not working on your behalf. They have their own motivations for what they do. The insurance adjusters are trained to obtain information that is beneficial to the interests of the insurance company. You should always seek the advice of your personal injury attorney before you speak with an insurance company, or provide them with any documents or releases.

Why should my insurance be involved if the other person is at fault?

Typically, the other person's insurance company will only pay you compensation one time -- at the end of your treatment for your injuries. The insurance company for the person who is at fault will not pay charges as they are incurred. You may need to turn to your own insurance to have medical expenses and lost wage benefits paid. Whether or not you can receive these benefits depends on your insurance coverage. If you win a settlement, your insurance company may be entitled to be reimbursed for what it paid out on your behalf.

Does my health insurance or car insurance have the right to be paid back out of my settlement?

This depends on a number of factors which include the type of insurance policy involved, the language in the policy, and whether your insurance company participated in obtaining the recovery. This is an evolving area of the law in Colorado. A competent lawyer such as personal injury attorney Ron Schreiber will be able to address these issues while being obligated to maximize the amount of your recovery.

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Questions About Lawsuits

Do I have to file a lawsuit?

It depends. Most claims are resolved through negotiation and settlement. However, each personal injury case is different and many claims do involve filing a lawsuit. Until the facts of your specific claim are reviewed, this question cannot be answered.

Having a good, competent personal injury and wrongful death attorney with courtroom skills will allow a claim to proceed in a smooth fashion. For those in Colorado Springs, El Paso County, or anywhere in Colorado, contact personal injury attorney Ron Schreiber, who has been focusing on these types of cases since 1990.

What if I lose my lawsuit?

First, you will not receive any compensation for your injuries. Second, you may still owe your attorney for his time depending on the agreement you signed, and for the expenses the attorney paid on your behalf. Third, you may be required to pay back the other side in the lawsuit for the costs and expenses they incurred in defending against your claim.

There are risks involved in filing a lawsuit and these should be discussed with your attorney before a lawsuit is filed. Personal injury attorney Ron Schreiber, in Colorado Springs, El Paso County, and throughout Colorado, offers free consultations with potential clients. Contact him today for a free evaluation of your case.

How long will it take before I receive a settlement?

It is not appropriate to try and resolve your claim until you have a complete understanding of all of the losses you will sustain and the complete extent of your injuries. Your care and treatment may take months or even years. Until you can realistically predict what your future will be with your injuries, you cannot put a monetary value on your claim. Your medical condition will have a significant impact on how quickly your claim can be resolved.

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Questions About Attorneys

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Do I need an attorney?

There is no requirement that you hire an attorney. However, the attorney is a licensed professional with a fiduciary responsibility to protect your interests.

After a car accident, motorcycle accident, slip and fall accident, or other accident, you should focus on recovering from your injuries. Your personal injury attorney should handle all other matters relating to your claim. The attorney can address your property damage, submit bills to your insurance company, establish who is responsible for the occurrence, document the various elements of your claim, negotiate with the adverse insurance company, and handle court proceedings in the event that a settlement is not reached. Your job is to heal, while the attorney should handle all other details. It can be an overwhelming task if you try to handle the claim on your own while recovering from your injuries.

A good attorney will form a team with the client. The attorney handles many of the responsibilities, so the client can enjoy a smooth recovery and, if all goes well, compensation for their injuries, pain and suffering, and other costs. For a personal injury and wrongful death attorney who offers free, no-obligation consultations, contact Ronald K. Schreiber, P.C. in Colorado Springs , El Paso County, and throughout the state of Colorado.

What is the role of the attorney?

Your role should be to attend your medical appointments and to recover from your injuries. Any other issues pertaining to your claim should be addressed by your personal injury attorney. The ultimate goal of the attorney is to obtain full compensation for your claim.

How do I select an attorney?

Word of mouth from people you trust is one of the best ways to find a good attorney. Interview the attorney who you are considering hiring. You should ensure that the attorney has the following skills: knowledge in the type of claim you have; extensive experience in handling personal injury claims; a current case load that will allow full attention to your claim; experience in the courtroom should litigation be required. Do not hesitate to question your attorney about his qualifications and experience.

Ron Schreiber is qualified and experienced in handling personal injury and wrongful death cases and would be a great choice of attorney. Working in Colorado Springs , El Paso County, and throughout Colorado, Ron Schreiber focuses exclusively on personal injury cases and provides quality representation to all his clients. For compassionate representation or a free consultation, contact him today.

Does the attorney select my doctors?

Your attorney is not a health care professional and is not there to give medical advice or guidance. However, the medical providers you visit will have an impact on your legal claim. Therefore, your personal injury attorney may make recommendations as to the type of physician you see. Your doctor may need to appear in court to testify. Many doctors are reluctant to do so. Receiving treatment with a doctor who will not cooperate with the litigation process may hinder your claim.

If you do not have a doctor or cannot find a doctor who will treat you, your attorney may be able to assist in providing the names of various doctors willing to become involved on your behalf.

What if I am dissatisfied with my attorney?

Your attorney works for you. If you are dissatisfied with the services of your attorney, let him know. Give the attorney the opportunity to address your concerns. If you believe you can no longer work with the attorney, direct him to take no further legal action on your behalf and seek new legal counsel. You must recognize that if you terminate the relationship with your attorney, you may still owe him money for the time he has put into the case and the expenses he has paid on your behalf.

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Questions About Fees

How is an attorney paid?

You have a few options when choosing how to pay your attorney: an hourly fee, a flat fee, a contingent fee, or some combination of fees. Each type has positive and negative aspects. You should review these types of fees with your attorney, based on the aspects of your particular case.

In the area of personal injury cases, the attorney is typically paid under a contingent fee agreement. The actual type of agreement is agreed upon between the client and the attorney.

Generally, an hourly or flat fee agreement binds the client to pay the attorney regardless of whether or not you win your case and receive compensation for your injuries. To learn more about the fees charged by our wrongful death and personal injury attorney in Colorado Springs, El Paso County, and throughout the state of Colorado, contact us today.

What are costs and expenses?

The attorney may take money out of his pocket to pay for items related to pursuing the claim, such as obtaining the police report and photographs, conducting investigations, obtaining medical reports, as well as various other office expenses. You should discuss possible expenses with the attorney, as well as specific expenses he will be charging to you.

Is a contingent fee agreement appropriate in my case?

The facts of your individual case should be reviewed prior to this determination. A contingent fee allows a client to proceed with their case at no risk of owing attorney fees unless a recovery is actually received.

If there is no recovery, do I still owe anything?

Under a contingent fee agreement, nothing would be owed for the attorney's time and effort. However, the attorney may have incurred costs on your behalf, which you would owe whether or not there is a recovery. And, if you have a flat fee or hourly fee agreement with the attorney, you would still owe the agreed upon fee.

For any other questions relating to your case, contact our personal injury and wrongful death attorney in Colorado Springs today. Serving residents throughout El Paso County and the state of Colorado, Ron Schreiber has the experience to successfully litigate your case.

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