Tag: Personal injury claim

The Possible Outcomes of A Personal Injury Case

The Possible Outcomes of A Personal Injury Case

Many clients are eager to understand how their personal injury case will end. There’s no way to predict the future or guarantee that a case will end favorably for the plaintiff, but there are only a handful of ways that a personal injury claim can be resolved. Here are the possible outcomes of a personal injury case:

The Case is Dropped

The injured party has the right to change his mind and drop the case at any time. Personal injury victims drop cases for many reasons. For example, the victim may realize that the case is not worth pursuing after learning he won’t be able to recover much compensation. If the case is dropped, the victim will not be awarded compensation.

The Case is Settled

About 95% of personal injury cases will end with a settlement that is negotiated out of the courtroom. By accepting a settlement, the victim agrees to no longer take legal action against the defendant for his injuries. In exchange for dropping the lawsuit, the defendant will compensate the victim for his medical expenses, property damage, lost wages, and pain and suffering.

The Plaintiff Wins At Trial

A personal injury claim will only go to trial if both parties cannot reach a settlement agreement outside of court. During the trial, both sides will have an opportunity to present their case to the judge and jury. The jury will get to decide whether or not the plaintiff deserves to be compensated after hearing both sides of the story. If the plaintiff wins, he will be compensated by the defendant for his injuries.

The Defendant Wins At Trial

Plaintiffs do not always win during personal injury trials. In some cases, the jury will decide that the defendant should not have to compensate the plaintiff. This may occur if the jury believes the defendant was not negligent or the plaintiff was to blame for the accident.

If the defendant wins, he will not have to compensate the plaintiff. He can also ask the plaintiff to cover his legal expenses, including his attorney’s fees, expert witness fees, and court filing fees.

It’s important to note that a trial verdict can be appealed. This means the defendant can appeal the court’s decision if the plaintiff wins and the plaintiff can appeal the court’s decision if the defendant wins. If this happens, the personal injury case would end with a verdict in appellate court.

If you have been injured, seek legal representation from a personal injury attorney at Reisch Law Firm at once. Our personal injury attorneys will fight tirelessly to reach the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Common Defense Strategies Used in Dog Bite Cases

Common Defense Strategies Used in Dog Bite Cases

Owning a pet can bring a lot of happiness, but it can also be a liability. If you are bitten by a dog, the dog’s owner will most likely be held liable for your injuries. But, this does not mean that dog bite victims always recover compensation by filing a personal injury claim. Many owners will try to escape liability by relying on one of these common defense strategies used in dog bite cases:

The Victim Was Trespassing

Pet owners are only liable for dog bite injuries if the victim was lawfully on the property at the time of the accident. Therefore, the defendant may try to claim that you were trespassing at the time of the dog bite. If you were not supposed to be on the property at the time of the accident, the defendant may not be held liable for the attack.

The Dog Was Provoked

The defendant may also claim that the victim provoked the dog prior to the attack by getting too close to him, taking something from him, or engaging in other behavior that could agitate an animal. The logic behind this defense strategy is the defendant should not be liable for the victim’s injuries since the victim was responsible for provoking the dog in the first place. However, it can be difficult for a defendant to prove that the dog was provoked, especially if there are witnesses or if the dog has a history of biting people.

The Victim Was Warned

Dog owners often put up warning signs so visitors know there is an aggressive dog in the vicinity. For example, these signs may say “Beware of Dog” or “Warning: Dog May Bite” and may be posted in a window, on a door, or in the yard in front of the house. A defendant can escape liability in a dog bite case by proving that there was one of these signs posted on their property on the day of the attack. However, the victim may still be able to recover compensation if he can prove that the sign was not clearly visible to visitors when the incident occurred.

If you have been bitten by a dog, contact Reisch Law Firm today. Our personal injury attorneys will poke holes in the defendant’s defense strategy and recover the compensation that you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Factors That Affect the Value of Your Personal Injury Claim

Factors That Affect the Value of Your Personal Injury Claim

Personal injury victims are often eager to know how much their claim is worth so they know what they should expect to receive in a settlement. To get an idea of what your claim is worth, it’s important to understand how the value of a claim is calculated. Calculating a personal injury claim involves much more than simply adding up medical expenses and lost wages. There are a number of different factors that could affect the value of your personal injury claim, including:

Shared Fault

If you were partially to blame for the accident that caused your injuries, this will affect the amount of compensation that you are awarded. For example, if you were found to be 20% responsible for the accident, the compensation that you are awarded will be reduced by 20%.

Type of Injury

The type of injury sustained by the victim can also affect the value of the claim. A victim who has sustained a traumatic injury, such as spinal cord or brain damage, will typically receive more compensation than a victim who has suffered a broken bone. This is because serious injuries require more extensive medical treatment, which means the victim will incur more expenses treating these injuries. Serious injuries can also have a greater impact on the victim’s life, which can increase the compensation awarded for pain and suffering.

Medical Treatment

The type of medical treatment that you receive after an accident can also affect the value of your claim. Victims who are only treated by chiropractors and physical therapists after an accident may not be offered as much by the insurance company. To avoid this problem, it’s recommended that you visit a doctor so you can show the insurance company that you have been diagnosed and treated by a physician.

Recovery Time

How long did it take you to fully recover from your injuries? In most cases, a longer recovery time means more compensation. Why? Victims can argue that a lengthy recovery has caused them a great deal of pain and suffering. Many victims will also be forced to take time off of work as they recover. The longer the recovery, the more the victim will lose, so the defendant will have to compensate the victim for these lost wages.

Have you been injured in an accident? Find out if you have a personal injury case by contacting Reisch Law Firm today. Our personal injury attorneys will review your case to determine if you are entitled to compensation for your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How An Insurance Adjuster Calculates the Value of Your Personal Injury Claim

How An Insurance Adjuster Calculates the Value of Your Personal Injury Claim

An insurance adjuster is an employee of the insurance company who is assigned to your case to gather evidence, calculate the value of your claim, and negotiate a settlement with you. It’s important to understand how insurance adjusters work so you know what to expect, especially when it comes to the valuation of your claim. Here’s how an insurance adjuster calculates the value of your personal injury claim:

Calculates the Total Medical Expenses

First, the insurance adjuster will add up the medical expenses you have incurred as a result of your injuries. However, during this calculation, the insurance adjuster may decide that some medical expenses should not be included. These are known as “soft” medical expenses, and they can include bills from chiropractors, physical therapists, and other healthcare providers that are not physicians.

Factor in Pain and Suffering

The next step is to factor in the pain and suffering that you have experienced since sustaining your injuries. If the insurance adjuster believes your injuries are minor, he will multiply your total medical expenses by 1.5 or 2. When the injuries are more severe, the insurance adjuster typically goes up to 5, however he can go as high as 10. This number will then be added to the total medical expenses.

Lost Income

Then, the insurance adjuster will need to review the evidence you have submitted that shows the amount of income you have lost due to your injuries. The insurance adjuster will arrive at an amount after reviewing your evidence, and then add this figure to the previous total.

Comparative Negligence Deductions

Colorado is a modified comparative negligence state, which means you can still recover compensation even if you are partly at fault for the accident. How does it work? The insurance adjuster will carefully review the case to determine the role that both parties played in the accident. If the insurance adjuster believes you are 25% at fault and the other party was 75% at fault, he will reduce the value of your claim by 25%.

The number that the insurance adjuster arrives at after following these steps may be the first offer that he extends to you during negotiations. But, the insurance adjuster often underestimates the value of your claim in an attempt to get you to settle for less than you deserve.

If you have been injured, never accept an offer from an insurance company without consulting with an attorney first. The personal injury attorneys at Reisch Law Firm will help you calculate the actual value of your claim so you don’t make the mistake of accepting an offer that is lower than what you deserve. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

Can Gaps in Medical Treatment Affect Your Personal Injury Case?

Can Gaps in Medical Treatment Affect Your Personal Injury Case?

Personal injury attorneys often warn their clients that compensation is never a guarantee because there are so many factors that could affect the outcome of your case. One of these factors is gaps in medical treatment after an accident. How will this affect your case? Here’s what you need to know:

Types of Gaps in Medical Treatment

There are two types of gaps that the insurance company may use against you. The first is a gap between the time that you were injured and the first time you received medical treatment. In this situation, the insurance company may argue that your injuries were not sustained in the accident, because if they were, you wouldn’t have waited so long to get treatment.

The second type of gap in medical treatment is the time between your first and second visit to a doctor. This could affect your ability to recover compensation in some cases. For example, let’s say you visit a doctor immediately after the accident and are told to come back for a follow-up visit in one week. If you wait two months to return to the doctor, this is a huge gap in your treatment. The insurance company will have access to your medical records, so they will see that the doctor requested a follow-up visit in one week, but you chose to wait a month. This shows the insurance adjuster that you did not follow doctor’s orders, which means you could have made your injuries worse because you failed to do what you were supposed to do.

Provide Explanations For Gaps

To prevent these gaps from lowering the amount of compensation you are able to recover, it’s important to provide explanations for any gaps in your medical treatment. For instance, if there was a death in your immediate family, let the insurance company know that this is why you had to push back your follow-up appointment with the doctor. If you went to get a second opinion after your first visit with your doctor, make sure you provide these records as well so the insurance company sees that you were still seeking treatment elsewhere during the gap between the first and second visit. If you don’t have an explanation for any gaps in your treatment, the insurance adjuster will most likely point these gaps out during negotiation process.

Insurance companies will use any excuse they can find to lower the value of your claim, but the personal injury attorneys at Reisch Law Firm won’t allow this to happen. Contact our attorneys today if you have been injured due to the negligent acts of another person. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

How to Calculate Long-Term Expenses in a Personal Injury Claim

How to Calculate Long-Term Expenses in a Personal Injury Claim

Some injuries are minor, so they will heal within a matter of days or weeks. But unfortunately, many injuries that personal injury victims sustain are far more serious. Some victims may not see a significant improvement for months or even years after the accident. Others may never see any type of improvement. If you have sustained an injury that will continue to affect you in the future, it’s imperative that you add in the cost of long-term expenses and lost wages when calculating the value of your claim. How can you calculate long-term expenses in a personal injury claim? Follow these tips:

Talk to your doctor.

A good place to start when calculating these expenses is with your doctor. Talk to him about what the future looks like for you. How long will you need to attend rehabilitation? Will you need any other treatments? Is it possible that you could suffer a setback in your recover and need additional treatment? Will you be able to return to work? Ask your doctor to provide you with a written statement that covers these topics. Not only will this help you calculate your long-term expenses, but the statement can also be provided to the insurance company and used as proof of your future expenses.

Calculate recurring expenses.

Some expenses may be recurring, so you should look at how much you’re currently paying, then figure out how long you will be paying these expenses. For example, if you have to take prescription medication as a result of your injuries, figure out how many refills you will need of the medicine, and then calculate that number by the cost of one month’s supply.

Figure out your lost wages.

It’s possible that your injuries will affect your ability to work, so you will need to calculate how much income you will lose in the future. Let’s say you have had to find a new job that does not require physical labor because you could no longer perform the duties of your old job. This new job pays you $3 less per hour than your old job, so you are losing $3 every working hour because of your injuries. In this case, you should work with an attorney to determine how many years you would have spent in your old job if you had not been injured. Then, you can calculate exactly how much income you have lost because of your injuries.

Calculating long-term expenses in a personal injury claim can be challenging, so don’t attempt to do it without the help of an attorney. If you have been injured, contact Reisch Law Firm at once. We will immediately begin to gather evidence related to your injuries so we can accurately calculate the value of your claim. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What is Loss of Consortium?

What is Loss of Consortium?

There are many different types of damages that you may be awarded in a personal injury claim, including compensation for the loss of consortium. Unlike other types of compensation, loss of consortium damages are not awarded to the victim. Who are these damages awarded to? When are you entitled to receive them? Here’s what you need to know:

Injuries Affect the Entire Family

Catastrophic injuries such as brain or spinal cord damage can severely impact the quality of the victim’s life. It can also affect other members in the family, especially the victim’s spouse who may have to take on additional responsibilities due to the victim’s injuries. The injuries could also lead to a strain in the relationship as the victim experiences emotional changes such as mood swings, depression, and anxiety.

The spouse who is suffering as a result of the victim’s injuries can file a claim to recover loss of consortium damages from the at-fault party.

The Losses Suffered by the Spouse

These damages are meant to cover the loss of support, companionship, and affection that the spouse may experience because of the victim’s injuries. In addition, loss of consortium damages are supposed to compensate the spouse for any loss of services. For example, let’s say prior to the victim’s injury, he was responsible for staying home and taking care of the children while his spouse worked. If he can no longer do this because of limitations caused by his injuries, his spouse should be compensated for this loss.

Loss of consortium damages are also used to compensate a spouse for the loss of a sexual relationship with the victim. For instance, if the victim suffered severe injuries that prevent him from having a sexual relationship with his spouse, the spouse may be compensated for the loss of this intimacy.

To determine whether you should pursue loss of consortium damages, consult with a personal injury attorney. It may be difficult to prove that you deserve loss of consortium damages in some cases, especially in those where the injuries are not severe or the spouses were not in a happy marriage at the time of the accident. An attorney can thoroughly review your case and advise you on this matter.

If you are suffering as a result of your spouse’s injuries, contact the attorneys at Reisch Law Firm right away. We will immediately begin to review your case and calculate the value of your claim so we can recover the compensation that you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Can the Type of Medical Treatment You Receive Affect Your Personal Injury Claim?

Can the Type of Medical Treatment You Receive Affect Your Personal Injury Claim?

Any knowledgeable personal injury attorney will tell you that it’s important to seek medical attention as soon as possible after an injury. This ensures that the injuries you sustained in the accident are documented so the insurance company cannot question them. But, does it matter what type of medical treatment you receive after an injury? Here’s what you need to know:

Mainstream vs. Alternative Medicine

Many people believe in treating their injuries using alternative medicine such as acupuncture, but it’s best to stick to mainstream methods if you are filing a personal injury claim. Insurance companies want to see that you were treated in a hospital, clinic, or doctor’s office. If you are only treated using alternative methods, it may be harder to prove that you deserve compensation for your injuries.

Doctors vs. Non-MDs

Similarly, insurance companies would rather see medical bills from physicians as opposed to physical therapists or chiropractors. Of course, chiropractors and physical therapists can help some people after injuries, but the insurance company tends to think of these treatments as less important than others. In fact, one survey found that personal injury victims who went to a chiropractor received compensation that was 41% less than the average personal injury payout. This is especially true if you visited a chiropractor or physical therapist without seeing a doctor first. It’s recommended that you get a referral so the insurance company sees that you were treated by a physician first.

Diagnosis vs. Treatment

The amount of time that it takes for a medical professional to diagnose an injury will depend on the type of injury that you have sustained. Sometimes, a doctor will be able to diagnose your condition after a quick physical examination, while other times he may have to run numerous tests. If a doctor has to run multiple tests, this can end up being a significant portion of your total medical expenses. In this case, the insurance company may not take your injuries as seriously since most of the medical expenses you have incurred were related to diagnostic testing. This doesn’t mean that you won’t be reimbursed for the expenses, but it could affect how much compensation you will be able to recover for pain and suffering.

If you’ve been injured due to another person’s negligence, seek legal representation as soon as possible. The attorneys at Reisch Law Firm will ensure that you receive the right medical treatment so you are compensated fairly. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How Long Do You Have to File a Personal Injury Claim After a Car Accident?

How Long Do You Have to File a Personal Injury Claim After a Car Accident?

People who are injured in car accidents caused by another person’s negligence may be able to recover damages for their medical expenses, lost wages, pain and suffering, and more. But, the state of Colorado only gives victims a certain amount of time to file a personal injury claim after a car accident. This time limit is known as the statute of limitations, and it varies depending on whether the person was injured or killed in the accident.

Personal Injury Claims

Negligence plays a role in many personal injury cases, including traffic accidents, slip and falls, and dog bites. In Colorado, people who have been injured by another person’s negligence typically have two years from the date of the incident to file a personal injury claim. The only exception to this rule is if you were injured by another person’s negligence in a car accident. In this case, you will have three years to file a personal injury claim against the at-fault party.

It’s important to note that this means anyone who is involved in a car accident has the right to file a personal injury claim for three years after the date of the accident. This can include people who were not inside a car at the time of the accident, including pedestrians, motorcyclists, and bicyclists. As long as you were injured by another person’s negligence in an accident involving a motor vehicle, you will have three years to file your claim.

Wrongful Death Claims

Unfortunately, some people suffer fatal injuries in car accidents caused by negligent drivers. The families of these victims have the right to file a wrongful death claim against the negligent party, but the statute of limitations is different for this type of lawsuit. Although injured victims have three years to file a personal injury claim after a car accident, families of the deceased only have two years to file a wrongful death claim. The two-year time period begins the day that the person passes away, which may or may not be the same date that the accident took place.

Two or three years may seem like a significant amount of time, but it can go by fairly quickly when you are recovering from injuries or grieving the loss of a loved one. That’s why it’s recommended that you get in touch with a personal injury attorney as soon as possible after a car accident.

Have you been injured in a car accident? Time may be running out to file a personal injury clam against the negligent party. Don’t wait any longer—contact Reisch Law Firm today by calling 303-291-0555 or filling out this online form.