Chalat Hatten & Koupal PC
Colorado Truck Accident Injury Lawyers

What to Expect When Filing a Personal Injury Claim

YOU'VE HAD AN ACCIDENT AND YOU THINK YOU SHOULD TALK TO A LAWYER. . .

The first step is to talk with an attorney about your legal options. If the facts of your case support a claim, then you may wish to file a lawsuit, proceed with pre-trial discovery and then to trial. At any time during the litigation process, both sides may agree to settle your claims for an appropriate amount.

DO YOU HAVE A CASE?
To answer that question, three things must be considered: (1) liability, (2) damages, and (3) can you collect? Your lawyer should first listen to the facts of your case. How did the accident occur? What were the particular circumstances (time of day, the vehicles involved, the treatment expected, the product which malfunctioned, the way the accident occurred, etc.)

LIABILITY
The facts will determine if another party is at fault for your harm. Liability on the part of another party, the defendant, must be evident. The defendant must have acted in a way which was negligent and caused you harm. Many laws apply to unique situations or potential defendants, so it is not always clear whether there is liability on the part of another.

DAMAGES
The second element is the damages, or the measure of the harm you have suffered. These typically consist of (non-economic) general damages, and (economic) special damages.

• Disfigurement. When an accident or injury has left a person deformed or disfigured (scars or other permanent effects on personal appearance), the injured person (the "plaintiff") may be able to collect damages for any mental suffering that arises due to awareness of the disfigurement. These damages are sometimes included as an element of other types of damages, such as mental anguish.

General damages
Compensation for harm that ordinarily results from wrongful conduct, such as physical and mental pain, and loss of enjoyment of life after an accident or injury. These damages cannot be proved with any clear specificity, but are awarded based on the fact that they normally follow from an accident or injury. General damages include:

• Lost earning capacity. After an accident or injury, these damages may be recovered if the plaintiff proves that his or her ability to earn money in the future has been impaired or diminished by the injuries. Factors that help determine whether an award should be made include the plaintiff's age, health, life expectancy, occupation, talents, skill, experience, and training. Past earnings are a factor in determining the appropriate amount of compensation for lost earning capacity, but the claim really focuses on what might have been earned were it not for the accident or injury.
• Lost wages. These damages represent the amount of money a plaintiff would have earned -- from the time of the injury to the date of settlement or judgment. An unemployed person may be permitted to recover lost wages if he or she can prove what could have been earned during the same period.
• Medical expenses. Bills and expenses for medical services such as doctors, hospital stays, emergency room treatment, ambulance fees, and nursing services. A plaintiff must show that the expenses are related to medical conditions resulting from his or her injury. The total amount of medical expenses is sometimes used as a rough guide to decide whether the overall award of damages is reasonable. Note that the cost of a medical examination for purposes of litigation is not ordinarily recoverable as a medical expense.
• Medical surveillance. The cost of monitoring plaintiff's medical condition after the plaintiff was exposed to a hazardous substance, so that any illness or injury might be detected early.
• Mental anguish. Any mental suffering or emotional distress associated with an accident or injury, including fright, terror, nightmares, apprehension, nervousness, anxiety, worry, humiliation, mortification, feeling of lost dignity, embarrassment, grief, and shock.
• Pain and suffering. An award for past and future physical pain in connection with an accident or injury. To place a monetary value on pain and suffering, the jury considers the nature of the injury, the certainty of future pain, its severity, and how long the plaintiff is likely to be in pain. Some states allow the jury to assume that if a bodily injury has occurred there has been some pain and suffering, and some require that the plaintiff be conscious for some time period during the injury.
• Future medical expenses. This type of recovery is permitted if the plaintiff proves that he or she will need continued medical care as a result of the accident or injury. The proof must be sufficient for the jury to make an approximate estimate of the cost, i.e. through the medical opinion of a treating doctor.

Special damages
This is a general category of damages that covers all monetary losses, including medical expenses after an accident or injury. Recovery requires detailed proof that the losses were sustained, and a showing of how much money was involved.

YOU CAN SHOW BOTH LIABILITY AND DAMAGES - BUT CAN YOU COLLECT?
Whether you can collect is a function of the financial position of the person who wronged you. Most defendants look to insurance coverage for the money to satisfy any personal injury claims - such as a homeowner's policy or motor vehicle insurance. If your case is not collectible, your lawyer will advise you as soon as this is discovered. In many states including Colorado, the details concerning a defendant's insurance must be disclosed.

For auto accident cases, every state in the Union now requires minimum automobile insurance. However, many people refuse to buy insurance before they get behind the wheel. All employers are supposed to carry worker's compensation coverage. But not all do. If you are insured against disability, or for health/medical expenses, or have automobile insurance and were in a car accident, then you need to follow through with the proper forms and submissions to your insurance company. Many times, your own insurance company will require repayment of any benefits it paid to you or on your behalf if you recover in your lawsuit. This is called a "subrogation interest" and you need to discuss the details with your lawyer.

PURSUING A CLAIM
If you wish to move forward with a legal claim, you may begin by either:

• Contacting the defendant, confidentially, to discuss settling the case without the filing of a lawsuit;
• Filing a required notice of claim as for a federal, state or public defendant; or
• Filing a lawsuit by preparing and filing with the appropriate court a pleading entitled "Complaint" and then having it, along with a duly issued summons, served on the defendant.

Generally, Chalat Hatten & Koupal PC recommends that your interests are best served by promptly filing the case. If a case is filed and set for trial, two problems are solved. First, there is no worry that the statute of limitations may expire. Secondly, a deadline is created by setting the case for trial. Nothing fosters settlement negotiations better than a trial date.

Other cases are clearly strong on liability and damages and are collectible. The defendant may be sophisticated and believe that it is cheaper, easier, and better for everyone to negotiate immediately. Perhaps the defendant is interested in having no public record made of the negligence and wants to settle on the condition of confidentiality. These considerations may promote an early resolution to your matter.

DISCOVERY

Discovery is the legal term used to describe the investigative activities in a case after it is filed and before trial. Historically, neither side found out what the other side's evidence was prior to trial. Ambush, surprise, and concealment were the order of the day.

However, as the courts became more sophisticated and more crowded, it became clear that if both sides knew each other's case before the trial, that the trial would be more fair and the parties would have a better idea as to whether their case could be settled. Now, as a matter of rule, each side must disclose to the other its evidence, witnesses and exhibits upon a proper request. Your lawyer should perform extensive investigation of the accident scene, the relevant witnesses and the extent of your injuries, including the impact your injuries have on your daily life

As a plaintiff in a personal injury case, you will be asked and are obliged by the law to answer particular questions routinely posed by a defendant. The information sought must be reasonably calculated to lead to relevant evidence. This broad standard allows the seemingly most trivial information to be "discoverable" including detailed personal and medical histories, copies of many personal documents and answers to questions concerning your case, evidence and exhibits. The questions may be in the form of written questions, called Interrogatories, or questions posed to you by the opposing lawyer in front of a court reporter who transcribes all of the testimony. Your lawyer is also present.

SETTLEMENT OR TRIAL?

Over 95% of all civil actions conclude by settlement. A settlement eliminates the risk of losing the case and often provides a guarantee of medical treatment and income replacement, which is the guiding goal of many cases.

To reach an appropriate settlement, your lawyer must evaluate your case based upon the injuries, damages, losses, and liability picture. In most states, statistics are routinely compiled as to verdict results, and are broken out into categories for type of case and injury. These databases, coupled with an attorney's experience, provide the tools for evaluating your case.

Discuss settlement of your case with your attorney. However, you must recognize that no case will settle unless you are prepared to win at trial. The best formula for a successful settlement is thorough preparation for trial.

In a trial, the party with the burden of proof sits closest to the jury box. All witnesses are sworn to tell the truth prior to their testimony. The plaintiff has the burden of proof and therefore begins the presentation of evidence by calling witnesses and the submitting of exhibits. The party calling a witness is the proponent of the witness and generally is limited to ask direct questions which do not suggest an answer. Defense counsel is entitled to cross- examine each witness the plaintiff calls. You will probably testify as a witness for your case. After the plaintiff's evidence is presented, the defendant presents witnesses whom the plaintiff may cross-examine.

At the conclusion of the evidence, the jury is instructed on the law, retires to deliberate and render its verdict.

For more information about seeking compensation for a personal injury accident, Chalat Hatten & Koupal PC of Denver, Colorado invites you to schedule a free consultation. We offer a strong record of success in obtaining compensation for victims of car accidents, truck accidents, medical malpractice, product liability and other injuries caused by negligence.

Our accomplished and knowledgeable Colorado attorneys will take the time to discuss the details of your case and advise on the best strategy for maximizing your claim. Our firm represents injury victims on a contingency fee basis (you do not pay attorneys' fees unless and until a settlement or verdict is secured in your favor). In many cases when the defendant does not dispute liability, we can negotiate discounted attorney fees.

The Denver, Colorado lawyers at Chalat Hatten & Koupal PC represent victims of all types of truck accidents, including tractor trailer collisions, rollovers, bus accidents, shuttle vehicle accidents, tour bus crashes, and RTD bus and light rail train accidents. We represent clients in Colorado Springs, the Denver Metro area and throughout the state of Colorado.