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How to File a Personal Injury Claim

If you’ve been injured or have lost a loved one due to another's negligence, you may be entitled to recover financial compensation. You should not have to pay for your physical, emotional, and/or financial suffering on your own. It is your legal right to be compensated via a successfully proven case.

Whether you have been the victim of an auto accident, truck accident, or bicycle accident, the Colorado personal injury attorneys at Mann & Maximon have a long history of ensuring that our clients have full access to their legal rights.

What is a Personal Injury Claim?

A personal injury claim is a legal process that involves an injured party negotiating a financial settlement through someone else's insurance company. In Colorado, if you’re injured due to another person’s actions (or inactions), that person’s insurance company is obligated to pay for your damages. Frequent types of personal injury claims include the following:

The claim is pursued against the responsible party's insurance company, seeking resolution of the case outside of court. This means dealing with the responsible party's insurance company. It also means you aren’t filing a claim against the actual person that caused you harm, but instead their insurance company. This step should be handled with the assistance of a qualified personal injury attorney, as insurance adjusters will attempt to avoid payment whenever they can, and/or offer you much less than you’re legally entitled to.

How Does a Personal Injury Claim Differ From a Lawsuit?

A personal injury claim, when filed, is not a lawsuit. The personal injury claims process happens outside of court. The person making the claim seeks financial compensation directly from the responsible party's insurance company, instead of filing a legal action against the responsible party. 

As opposed to an insurance claim, a personal injury lawsuit is filed in state of federal court and is therefore bound by the legal system. This process can take more time than a claim, but is necessary when an insurance company refuses to pay or offers a low settlement amount.

Steps to Filing a Personal Injury Claim

Filing a personal injury claim might seem daunting without help from an experienced personal injury attorney; you don’t have to do this alone and we suggest that you seek help. By following these steps with the aid of your attorney, you can file a personal injury claim against an insurance company.

Ensure That You Seek Medical Treatment

You should immediately seek medical treatment after your accident. The first priority is your health above all else. In addition to protecting yourself, seeking medical treatment helps evidence your injuries for the personal injury claim. It’s advisable to wait at the scene of the accident for emergency personnel to arrive and let them evaluate you, regardless if you think you’re seriously injured or not. Many times people are more injured than they think at first. Adrenaline and fear push people to deny the extent of their injuries.

Inform the Responsible Party(s) of Your Intent to File

Your attorney will submit a letter to the defendant's insurance company, informing them of the need to open a claim. This puts the company on notice of the personal injury claim. 

Insurance Claim Form

In pursuing your claim, the insurance company will need to know the details of the accident, your injuries, and the scope of the damages. At that point, your attorney will help you understand the appropriate compensation for your claim. Informing the insurance company about the details of your claim can often be complex without the assistance of a knowledgeable personal injury attorney.

Ensure That You Receive Adequate Compensation

An insurance company will either choose to offer a settlement of the claim or will reject the claim entirely. Insurance companies will often offer far less than what your claim is worth in an attempt to save money-as that is part of their jobs. You have the legal right to receive adequate compensation for your injuries and a personal injury lawyer can help. Going at it without a lawyer can be confusing, time consuming, and otherwise not nearly as effective as working with a personal injury attorney. 

What Happens if a Settlement Payment Doesn't Cover Costs?

If an offered settlement does not cover your costs, you’re allowed to reject the offer. You should discuss whether to take the offer or not with your attorney. By working with an attorney, you can get the advice you need on how to handle your personal injury claim on issues like this. 

Regardless as to the amount the defendant's insurance company offers you, you are entitled to file a personal injury lawsuit against the liable party(s) to seek the full measure of your damages.

The Statute of Limitations and How it Affects You

Depending on the circumstances of your claim, the statute of limitations for personal injury claims in Colorado is usually between 1 and 3 years from the date of the injury. It is critical that you get advice from a knowledgeable attorney regarding the applicable statute of limitation. If you fail to file a claim or lawsuit within this time period, your case is very likely to be rejected. The sooner you consult with a reputable attorney, the less likely it is you will not be able to recover for your damages.

When Should I File a Personal Injury Claim?

You should file a personal injury claim when you have experienced bodily injury and additional losses as the result of another person's or company's negligence. The following are just a few examples of when you are entitled to establish a claim:

An Incident Has Occurred

When an accident has occurred, and you have suffered injuries, you should speak to an attorney about filing a personal injury claim. Motor vehicles accidents, bicycle accidents, wrongful death, and much more may entitle you to a large financial award. Our office is able to help you determine who may be liable for your injuries, and to what amount(s). 

You're Experiencing Psychological Trauma

In addition to physical injuries, accident victims often suffer emotional distress and psychological trauma. This type of damages, often described as pain and suffering, are usually a significant part of a personal injury claim.

You're Experiencing Psychological Trauma

In addition to physical injuries, accident victims often suffer emotional distress and psychological trauma. This type of damages, often described as pain and suffering, are usually a significant part of a personal injury claim.

Benefits of Filing a Claim vs a Lawsuit

There can be several benefits to filing a claim instead of a lawsuit.

  • A personal injury claim attempts to resolve the issue without having to file a lawsuit in a court of law.
    • A personal injury claim typically takes less time to resolve than a lawsuit.
  • A successful claim might save you effort, time, and stress.

Establishing a personal injury claim is usually the best first step in most situations. When successful, the benefits can be significant. If a claim is unsuccessful, you will still have the right to pursue financial compensation by filing a personal injury lawsuit.

Should I File a Personal Injury Claim?

When you or someone you love is the victim of someone else's negligence, you have the right to file a personal injury claim. You don’t have to (and shouldn’t) pay for harm that someone else caused by yourself. Your injuries deserve compensation and a personal injury claim may help you recover the money you need to continue to live your life. You may be entitled to compensation for medical expenses, property damage, lost income, pain and suffering, and much more.

Let our experienced personal attorneys at Mann & Maximon work with you on your case. You should not be forced to pay for injuries that were not your fault. 

Contact Us For a Free Initial Consultation

In almost all the types of cases that we handle, contingent-fee representation is available. This means that we only get paid if and when you do. There is absolutely no cost or obligation to you for an initial consultation; we are here to help you.

Call our office at 303-991-2233 or use our online contact form to get in touch with us today.