7 Questions to Ask Your Car Accident Attorney

After a car accident, what do you do next? First, you should receive medical attention and contact your insurance company. But then what? Even if you believe you were partially at fault, you should reach out to an experienced car accident law firm. You don’t want to face other attorneys or insurance companies on your own. An experienced car accident attorney can help you understand your case and help you receive fair compensation.

But how do you know which car accident attorney is right for you? It can be difficult to sort through multiple law firms and decide who will be most effective at handling your specific case. However, by asking the right questions early on, you’ll have a much clearer idea of who can best represent your case. In this blog, we review the questions to ask your car accident attorney before agreeing to representation.

Here at the Paul Wilkinson Law Firm, we are dedicated to defending the rights of anyone involved in a personal injury accident. Whether you were in a car accident, truck accident, pedestrian accident, or motorcycle accident, we can help you understand your case, estimate its full value, and represent your interests in court.

Even if you believe that you’re partially at fault, give our team of experienced attorneys a call. We’ll do everything it takes to ensure you receive fair compensation for your injuries.

7 QUESTIONS TO ASK YOUR CAR ACCIDENT ATTORNEY

When asking yourself, do I need an attorney for a car accident, it can be tempting to select the first car accident attorney you come across. Whether it’s a flashy commercial, eye-catching billboard, or professional website, you may simply want to choose one and move on from this important decision. But you shouldn’t. Choosing the right car accident attorney for your case is essential for the success of your case. Choosing a lawyer who doesn’t have the right experience, necessary resources, or adequate communication can end up costing you time and money (and a few headaches along the way).

That’s why you need to be intentional when selecting your car accident lawyer. One way to do so is by asking the right questions early on. Here are some of the most important questions you should ask when selecting a car accident attorney for your case.

1. What is your legal specialty?

For someone who has never worked with a lawyer before, you may assume that lawyers handle all types of cases. However, this isn’t quite how the legal system works. Most lawyers specialize in particular fields, such as criminal defense law, tax law, family law, or tort law. Tort law, also known as personal injury law, includes attorneys who specialize in car accidents. They often also represent other types of personal injury cases, including truck accidents, motorcycle accidents, pedestrian accidents, and bad faith insurance claims.

2. What is your legal experience?

While this question may be answered by a quick internet search, you should directly ask your potential attorney about their legal experience. In most cases, you’ll want a car accident lawyer with extensive years of experience, ensuring they have the resources and knowledge to give you the best chance of winning your suit. You should also inquire whether or not they have experience representing cases similar to yours.

3. Who will handle my case?

Before agreeing to work with a certain car accident law firm, clarify who will handle your case and represent your interests. Larger firms often handle multiple cases at a time, and your case may be given to an associate attorney or worked on by multiple attorneys. You may not always be represented by the head of the firm or the lawyer you initially speak to.

4. What are your communication expectations?

Communication is key for the success of any relationship—selecting the right car accident lawyer is no different. There is no one “right” way for an attorney to communicate with their client, but they should always be attentive, consistent, and respectful. Ask about their communication style and see if it fits with what you envision in this legal relationship. How often will they keep you informed on the status of your case? How involved do they expect you to be? Who will be reaching out to you and how often are they available to answer your questions?

5. How long do you think my case will take?

While every case is unique, your car accident attorney should be able to give you a rough estimate of how long your case will take to resolve. Some personal injury suits resolve quickly, within a matter of weeks, while others drag out for well over a year. Being able to anticipate the timeline of your case will help you understand the legal process and help curb your anxiety over when to expect results. Again, this comes down to proper communication between yourself and your potential car accident attorney.

6. Do you think I have a strong case?

No car accident lawyer can promise that you’ll win your case. In fact, if they do, this should be an immediate red flag. While no case is guaranteed to win, your car accident attorney should be able to provide an honest assessment of the strength of your case. This is where their experience on similar cases becomes especially valuable.

7. What are your attorney fees?

While you may hesitate to ask about costs so upfront, you shouldn’t. It’s important to know what to expect when it comes to attorney fees and how much their representation will actually cost. Many personal injury lawyers will work on contingency fees, meaning they only receive a payment if you win your suit.

CONCLUSION – 7 QUESTIONS TO ASK YOUR CAR ACCIDENT ATTORNEY

Being involved in a car accident is a frightening and confusing experience. After receiving medical attention and contacting your insurance company, many individuals may not be sure what to do next. They might ask, “Do I really need a car accident attorney?” The simple answer is yes. There’s no reason you should go it alone when you’ve been in a car accident.

But choosing the right car accident attorney may not be as simple as it seems. Before selecting your car accident lawyer, there are certain questions you should ask that, in the long run, will save you both time and money. Make sure your car accident attorney has extensive experience (especially on cases similar to yours) and has a winning track record. You should also determine their communication style, who exactly will be handling your case, and whether or not they’re prepared to take your case to trial if needed.

If you’ve been involved in a car accident, don’t wait a moment longer to reach out to an experienced personal injury attorney. We can help you understand your case, assess its true and full value, and if needed, fight for you in court.

When you Call Paul, you’ll receive immediate attention and the support of our full resources. We’ll meet with you on your schedule to begin learning about your case, researching key details, and assessing your options. At the Paul Wilkinson Law Firm, we operate on contingency fees. What does this mean? Essentially, we only get paid if you do. That’s how confident we are in our services.

Contact us at the Paul Wilkinson Law Firm today to schedule a free consultation. We look forward to helping you receive the justice you deserve.

Will Health Insurance Cover an Auto Accident?

Experienced car accident lawyers can help you receive the compensation you deserve if you’ve been involved in a car accident. In the wake of an accident, you might not be aware of all of your injuries and you must receive a medical evaluation to rule out more extensive injuries.

A slew of questions will emerge following a car accident. Questions such as, “will health insurance cover an auto accident” and whether you were at fault for the accident are natural. However, these aren’t easy questions to answer, and you shouldn’t try to answer them alone.

That’s why it’s important to receive medical evaluations and speak with a lawyer, even if you have no injuries and no compensation to recover. The confusion that occurs after an accident is disorienting, and you shouldn’t make critical decisions when you’re confused.

At the Paul Wilkinson Law Firm, our Denver car accident attorney firm guides you through every step of the legal process. We make sure you receive the maximum compensation you deserve. Continue reading to learn more about what health insurance covers in the aftermath of a car accident.

Does Health Insurance Cover Auto Accidents?

There isn’t a simple yes or no answer to whether health insurance will cover your auto accidents. It depends on multiple factors, such as whether you’re the at-fault driver and what type of health and auto insurance you have. It also depends on what state you’re in and the different insurance laws for that state.

Health Insurance Coverage

Health insurance covers the injuries you sustain during a car accident. If you are not at fault for the accident, your insurance company has the right to seek reimbursement from the other driver’s health insurance company. This process is known as subrogation health insurance. However, it’s important to note that your health insurance company won’t kick in until your other forms of insurance exhaust.

When health insurance pays for your medical expenses, you will likely be responsible for deductibles, copayments, and any additional charges your policy doesn’t typically cover. Talking to a lawyer gives you the best chance at recovering these expenses.

Auto Liability Coverage

Whose insurance covers your medical bills following an accident depends on several factors. For example, if you only have liability coverage and were at fault in the accident, your auto accident insurance likely won’t cover any of your injuries.

If the other driver is at fault, their auto accident policy should be responsible for your medical expenses up to the policy’s limit. These limits vary greatly depending on the at-fault driver’s insurance policy.

Always Seek Medical Attention Immediately Following a Car Accident

Regardless of whether you have health insurance, you should seek medical attention following an accident. The adrenaline following an accident can disguise your injuries and the last thing you want to do is wait for your injuries to become more severe.

Hospitals will be able to detect injuries you may not notice on your own. Sometimes, insurance adjusters suggest you wait for their referral to see a doctor. However, this can potentially damage your claim, as the court might find it suspect that you waited to seek medical attention.

The more time that passes between the accident and your claim, the easier it is for the insurance company to claim there was no connection between the accident and your injury. Health insurance companies recover their expenses through a process known as subrogation, which gives your insurance company the right to seek reimbursement from the at-fault driver’s insurance company.

Understand What Your Health Insurance Covers

Carefully review which form of insurance covers what and carefully review your auto and health insurance policies. You should try to do this before the accident, as the period following an accident can be very confusing and already stressful enough.

Staying up to date on your policies can help answer the question of “does health insurance cover car accident injuries?” Some health insurance companies classify auto accident injuries as secondary coverage, meaning they won’t cover your medical expenses unless the damages supersede the auto insurance coverage.

What Is Personal Injury Protection (PIP)?

Personal injury protection reimburses you for medical expenses plus additional expenses after auto accidents. Depending on your specific PIP policy, it can cover the following expenses:

  • Medical costs, such as surgeries and other treatments, including rehabilitation.
  • Ambulance services
  • Rehabilitation therapy
  • Lost income

Many states require insurance companies to offer policyholders at specific numbers for PIP insurance. Policyholders can also secure additional coverage for higher premiums. This means that while PIP covers a significant portion of expenses, it doesn’t account for all of the potential costs following an accident.

Even if you have PIP and other health coverage in place, it’s still possible for a person to have to pay out of pocket after an accident. In these cases, you should consider filing a lawsuit or at least consulting with a car accident lawyer. In these cases, litigation might be your best option to receive your entitled compensation.

Do I Still Have to Pay Even If I Have Health Insurance?

Typically, the individual policy determines what the insurance company covers or does not cover. Depending on the situation, injured car accident victims might still have to pay out of pocket. The following elements influence whether the victim pays out of pocket.

  • Deductible amounts under their health insurance company
  • Required co-payments under their health insurance policy
  • Charges and expenses not covered by the policy

In these cases, the victim should consider seeking legal action to recover the expenses through a damage reward or settlement. If the victim wasn’t at fault, they shouldn’t have to pay out-of-pocket and should consider filing a lawsuit against the at-fault driver.

Recovering Expenses

If you’re injured in a car accident that wasn’t your fault, insurance companies should work behind the scenes to hold the at-fault party accountable.  If you are injured in an accident, you might be liable to recover the extent of your out-of-pocket expenses.

Car accident attorneys can help cover deductibles and copays with a car accident settlement agreement with the negligent driver or their insurance companies. Complications easily arise in the complex legal process following an accident. Car accident attorneys help you stay focused to receive the compensation you deserve.

Talk to a Lawyer

No one wants to deal with the stress that follows an accident. Adding injuries, minor or severe, makes the process even more stressful and unmanageable by yourself.

You likely have a million questions going through your head and the legal process isn’t the first thing you should have to worry about. Car accident attorneys can help assuage you of some of the stress that comes with car accidents.

Car accident attorneys consult you every step of the way throughout the legal process. They can help you decide whether it’s best to pursue a settlement or take the case to trial. They also give you the best chance at retrieving any out-of-pocket medical expenses you accrue in the wake of your car accident.

Contact the Lawyers at the Paul Wilkinson Law Firm and Recover Your Expenses

If you’ve been in a car accident, or if you have any questions about the at-fault driver, you should contact the Paul Wilkinson Law Firm to see what compensation you can recover. Our team of professional car accident attorneys has seen a wide range of cases and they will be able to guide you through the best courses of action for your case.

Contact us today to see if you can recover your expenses and start on the road to recovery the right way.

What You Should Do After a Car Accident

In this blog, we answer all these questions while taking a closer look at some of the important steps you should take following a car accident. One of these critical steps, after you’ve made sure you’re safe, is reaching out to an experienced car accident attorney.

Every year, roughly 6 million car accidents occur in the United States alone. While not every car accident is fatal, they can still cause injuries, property damage, and lead to skyrocketing insurance rates. Even the safest and most responsible drivers may not always be able to account for the reckless behavior of other drivers. This is why, even if you take all the proper precautions, you should still know what to do after a car accident.

But this isn’t always as simple as it sounds. While seeking medical attention should always be your priority following a car crash, many drivers may not know what to do next. Should you always call the police? How do you determine who was at fault? What type of information should you provide the other driver?

The Paul Wilkinson Law Firm has worked for over a decade to defend the rights of personal injury victims. Whether you were involved in a car accident, truck accident, motorcycle accident, or any other personal injury accident, we’re here to help. Our entire team of experienced personal injury lawyers is equipped with the skills, dedication, and experience to build your case and ensure you receive fair and full compensation.

COMMON CAUSES OF CAR ACCIDENTS

Even though there are millions of car accidents annually, each one is still unique. Every time you’re behind the wheel, there are multiple factors you must account for to ensure a safe trip. While accounting for the driving behaviors of others and your own driving, you also have to factor in changing road conditions, vehicle maintenance, and at times, adverse weather.

However, there are still some common causes of car accidents that lead to the majority of these crashes. By understanding these common factors, you’ll gain more awareness and improve your safety behind the wheel. Learn more about Colorado car accident statistics here.

Here’s a look at some of the leading causes of car accidents:

  • Distracted driving.
  • Speeding.
  • Driving under the influence of drugs or alcohol.
  • Reckless driving.
  • Failure to stop or yield at an intersection.
  • Adverse weather (rain, snow, sleet).
  • Inexperienced drivers.
  • Poorly maintained vehicles.
  • Improper lane changes.

WHAT YOU SHOULD DO AFTER A CAR ACCIDENT

Even the safest drivers may be involved in a car accident at some point. No matter where you drive, whether it’s just running to the store or a cross-country road trip, there’s potential for a car accident. If you were involved in one today, would you know what to do after the accident? Read on below to learn about the important steps to take in the event of an auto accident.

1. Check for injuries.

Safety should always be your top priority. Immediately following the car accident—no matter the size or severity—you should check yourself and your passengers for any injuries. If you’re able to safely, you should also check on the safety of the other driver. Even if you feel fine, the adrenaline from the crash may be masking your injuries, which is why it’s always smart to seek medical attention.

2. Get to a safe area.

If your car is still operational, try to safely move it from the road so that the accident doesn’t get even worse. Pull over to the shoulder of the road or a parking lot if one is nearby.

3. Call 911.

Once you’ve safely moved to the side of the road, call 911. This quick call will ensure that paramedics (if needed) and police are on the way.

4. Exchange insurance information.

While waiting for the police, exchange insurance and basic contact information with the other driver. Never feel pressured to divulge more information at the time, and even if you believe you were at fault, you never have to make this claim to the other driver.

5. Gather evidence.

This is a step that most people miss. Take several photos (using your smartphone is ideal) of your vehicle, any other vehicles that were involved, and of the scene itself. These photos may end up being valuable evidence if you end up filing a personal injury suit.

6. Receive a police report.

After talking with the police and explaining the incident, you should receive an official police report. Similar to the photos, the police report could serve as evidence during a case and provide an important objective account of the accident.

7. Call a car accident attorney.

Last but not least, call an experienced car accident law firm. These professionals will help you understand your case and determine the best course of action. Since most auto accident lawyers offer free consultations, the only thing this will cost you is a few minutes of your time.

HOW TO PREVENT CAR ACCIDENTS

It’s important to know what to do after a car accident, but hopefully, you’ll never even be involved in one to begin with. You can’t control the actions of other drivers, but there are steps you can take to prevent car accidents and remain safer behind the wheel.

Keep your distance: a fender bender on a highway during busy traffic is one of the most common types of car accidents. Always maintain an appropriate amount of distance between you and the car ahead of you, even if you think they’re going too slow.

Stay focused on the road: distracted driving is one of the leading causes of car accidents in the United States. While texting while driving accidents are quickly becoming one of the most common types of distracted driving, there are many things, including passengers, food, or the radio, that pull your attention from the road.

Manage your speed: speeding is another common cause of car accidents. Always manage your speed and stay within the defined speed limits. Even if you’re running late, it’s never worth the risk of a crash just to save a few minutes of time on the road.

Never drive under the influence: even one alcoholic beverage can impair your ability to safely and effectively operate your vehicle. Although you may feel fine, your reflexes will be slower and your critical thinking will be less effective. Always plan for a safe ride home if you know you’ll be out drinking.

Avoid adverse weather: while this may not always be avoidable, try to avoid driving in poor weather conditions. Proper planning, especially for a long road trip, is important to avoid rain, snow, or sleet. If you do have to drive in these conditions, go slower than you normally would and remain extra vigilant.

Regular maintenance: make sure to perform regular maintenance on your vehicle. While this may seem like something you can put off, poorly maintained vehicles are a leading cause of car accidents.

CONCLUSION – WHAT TO DO AFTER A CAR ACCIDENT

Being involved in a car accident is a frightening experience. No matter the type of crash, it’s natural to be scared, confused, and unsure of what to do next. It’s important to first check on the safety of yourself, your passengers, and the other driver. Once your car is safely on the side of the road, call 911 so that the police and paramedics will be on the way. Receiving an official police report gives you a credible and objective account of the accident.

After you’ve spoken with the police and exchanged insurance information, gather photographic evidence from the scene of the accident. These images may prove critical if you end up filing a personal injury suit. And finally, you should contact an experienced car accident attorney. Personal injury attorneys can help you assess your case, determine its value, and ensure that you receive full and fair compensation.

Call Paul to receive immediate and comprehensive support on your car accident case. Our dedicated lawyers will meet with you on your schedule and start working on your case immediately. Here at the Paul Wilkinson Law Firm, we operate strictly on contingency fees, which means that we only get paid if you do.

Contact the Paul Wilkinson Law Firm today to schedule your free consultation. We look forward to helping you receive the justice you deserve.

Pros and Cons of Hiring an Attorney After a Car Accident

Deciding whether to hire a car accident attorney after an accident can sometimes be a tricky decision. There are various factors to consider, such as your accident severity and who’s at fault in your accident. 

However, despite the variables that occur in your accident, it’s wise to at least consult with an attorney to see what they can offer. Reputable attorneys provide a level of consulting that goes beyond telling you to take your case to court. They can also caution against taking your case to court. 

Additionally, many car accident attorneys operate on a contingency fee basis, meaning they only accept compensation if they win your case. Having an experienced attorney in your corner when facing large corporations such as insurance companies can mean the difference between receiving no payment or receiving your total settlement. 

The Paul Wilkinson Law Firm’s attorneys have extensive experience fighting car accident cases like yours. With over $3,200,000 in motor vehicle accident case earnings, we demand our clients get the compensation they deserve.

Two Major Considerations to Think About Following a Car Accident

The Accident Severity 

When choosing whether to hire a car accident attorney, assessing the accident severity is one of the primary determinants. If you or your vehicle sustains extensive damage, you should at least consult an attorney to see what you can do. 

First, you need to examine your health. For example, if you’re involved in a fender bender, there might be no need to hire a car accident attorney. However, sometimes it takes longer for injuries to set in, even if the accident was minor. For this reason, you should visit a doctor following an accident, regardless of the accident severity. 

The At-Fault Party

The other factor you should consider when considering whether to hire a car accident attorney is the at-fault party in the accident. Some states issue partial fault in accidents and this can affect your case. 

Another outlying circumstance occurs when you get into an accident with an uninsured driver. In these cases, the legal process differs from instances where the at-fault driver is insured. These instances vary from case to case and require car accident attorneys to decide your entitled compensation amount. 

The Pros of Hiring a Car Accident Attorney 

After a car accident, the various pros of hiring an accident attorney mostly deal with better representation and a more accurate understanding of your case. But let’s take a closer look so you can fully understand how car accident attorneys can help you. 

You Have a Better Chance of Receiving Compensation

Insurance companies will fight tooth and nail to pay as little as possible. Hiring a car accident attorney ensures legal representation that holds insurance companies accountable for what they owe. 

Additionally, personal injury is a complex law branch and car accident attorneys understand the court process, statutes specific to your state. Many of them also have trial experience, meaning they have the expertise to take your court to a juror if need be. 

In car accident cases, the plaintiff often has to contend with companies and corporate entities. These companies have access to financial resources and legal teams most individual parties don’t. 

Many car accident attorneys operate on a contingency fee basis, giving individuals access to affordable legal expertise. Attorneys who use contingency fee pay structures only accept payment if their clients win. 

You’ll Have a Better Understanding of Your Claim

Personal injury lawyers give you advice on what to claim. For example, they can determine whether you are entitled to any economic damages, property damages, compensation for emotional loss, or punitive damages.  

Additionally, personal injuries understand how much you should claim for each of these damages. Without an attorney, you might not claim all your damages. You can also over-claim, put your case at risk, and reduce your chances for a successful out-of-court settlement. 

Save Time 

In the aftermath of a car accident, who wants to sift through complex legal documents or negotiate with insurance companies? Why not off-load all of that stress and worry to someone who does it as their profession? Also, if you’re injured in an accident, you likely won’t have hours to spend researching legal processes and tactics. 

Car accident attorneys walk you through the legal process and make sure you’re comfortable every step of the way. 

Reduced Stress About Financial and Physical Recovery 

Numerous studies have shown the adverse effects of stress on physical recovery, the immune system, and the body’s healing process. Personal injury attorneys can limit your mental and emotional stress significantly. 

Suppose you’re focusing on recovering from an accident. In that case, the last thing you want to cloud that focus is legal document deadlines, stressful conversations with insurance reps, and questions about whether you’re going to receive your entitled compensation. 

The Cons of Hiring an Attorney After an Accident

If your car accident attorney operates using contingency fees, the cons of hiring a car accident attorney are virtually nil. 

For the most part, the only potential drawback of hiring a car accident is paying for them if you don’t need their services. However, for minor accidents, you can potentially save yourself the time and stress of haggling over compensation for limited return. 

The Cons of Taking Your Case to Court

If you decide to hire a car accident attorney, you may be faced with deciding whether to take your case to trial. You will encounter this decision if you or your lawyer don’t believe the initial settlement doesn’t adequately cover your damages. 

If you have to decide on whether to take your case to trial, you should be aware you might wind up losing the opportunity to accept the initial settlement- you may walk away with nothing. 

However, veteran lawyers, such as those at Paul Wilkinson, have extensive legal and trial experience and understand what constitutes fair settlement and compensation. 

Things to Consider When Hiring a Car Accident Attorney 

There are a few considerations for when you decide to hire a car accident attorney. You can refer to these elements as the 5 Rs. 

Referrals 

Talk to your family and friends about any attorneys they may know who has experience handling car accident cases. Of course, you don’t want to hire lawyers without experience handling your case type, even if your family and friends recommend them. However, the attorneys your family and friends know might be able to recommend lawyers they trust who practice in your case field. 

Reputation

When hiring a car accident attorney to represent you in your case, you should use one who’s respected in your community. You should examine their testimonials and if they are reluctant to show you their testimonials, they might be hiding something.  You can also check local legal directories to look at attorney profiles. 

Recognition 

Does the attorney have any notable press about their accomplishments and the cases they’ve handled? 

Pay Structure

Understand exactly what you stand to gain from hiring a car accident lawyer by closely examining their pay structure. The more details you can get upfront, the lesser the risk of hidden fees later in the legal process. 

Resources 

Many car accident cases take extensive resources to research. Therefore, you need to use an attorney with the necessary funds to handle severe, complicated, and expensive personal injury cases. In these instances, using an attorney who operates on a contingency fee basis can give you access to legal resources without having to pay out-of-pocket. 

Conclusion- The Pros and Cons of Hiring an Attorney After a Car Accident 

After getting into an accident, the decision to hire a car accident attorney may not be the most front-of-mind. However, the time immediately following a car accident is some of the most crucial. That’s why you should receive a medical evaluation and speak to an attorney before accepting any insurance settlement. 

The attorneys at the Paul Wilkinson car accident law firm believe our clients have a right to all of their full-entitled compensation. We dedicate our time and resources to holding insurance companies accountable for those damages. 

Contact us today for a free consultation to see if we can help with your car accident case. 

What to Look for in a Car Accident Injury Law Firm

In the aftermath of a car accident, it’s important to contact a car accident injury law firm. Even if you believe you were partially at fault for the accident, this resource proves invaluable if you file a personal injury claim. The right car accident attorney will guide you throughout your suit, providing valuable knowledge and experience, and determining the true value of your case. If necessary, they’ll also fight for you in court.

But how do you know which car accident law firm is right for you and your case? Selecting the wrong law firm can cost you time, money, and decrease your chances of winning your case. Like any other relationship in your life, it’s important to find the right car accident attorney.

To help, our blog offers some tips on what to look for when you’re searching for a car accident injury law firm. While every lawyer-client relationship is unique, some aspects such as experience, open communication, and a solid track record shouldn’t be overlooked.

The Paul Wilkinson Law Firm is a leading Denver accident law firm representing those involved in personal injury accidents. Whether it’s a car accident, truck accident, motorcycle accident, or any other type of personal injury incident, we have the experience and resources to build your case and see that you receive fair compensation. Even if you believe you were partially at fault, give us a call. Our full team of personal injury lawyers will do what it takes to ensure that you receive justice and full compensation for your injuries.

WHAT DOES A CAR ACCIDENT LAWYER DO?

A car accident lawyer is a type of personal injury lawyer who specializes in—you guessed it—car accidents. Car accident lawyers work in a field of the law known as tort law, which addresses civil suits when the negligence of one party causes harm or injuries to another party. Car accidents are one of the most common types of personal injury cases and most personal injury attorneys will have experience with these cases. Whether your accident is caused by distracted driving, an uninsured motorist, or aggressive driving, these lawyers can represent your case.

WHAT TO LOOK FOR IN A CAR ACCIDENT INJURY LAW FIRM

The success of any relationship comes down to a few common factors: trust, communication, and proven results. You’ll want to work with a car accident injury law firm that exhibits all these qualities and more. While every case is unique and may require specific experience and skills, there are a few qualities to look for when finding a car accident law firm.

Here’s a look at those important qualities: 

CAR ACCIDENT LAW FIRM EXPERIENCE

One of the most important things to look for in a car accident attorney is experience. Hiring an experienced law firm gives you the best odds of success because, simply enough, they have the knowledge and experience to advise you on your case. . Look for a car accident law firm with extensive experience, not just in years of service, but also in working on cases similar to yours. If a personal injury lawyer, for example, has exclusively worked on defective product cases, they may not be ideal for your car accident claim.

OFFICE SPACE

If possible, you should schedule a visit to the physical office of your potential law firm. This can provide invaluable insight into the daily operations of these professionals and how they run their businesses. While a cluttered desk doesn’t always mean a cluttered mind, you may notice a few red flags from an extremely disorganized and dysfunctional office space.

OPEN AND HONEST COMMUNICATION

Communication is key for the success of any attorney-client relationship. Try to gauge the communication habits of your potential law firm and ask how frequently they’ll keep you updated on your case. When selecting the right lawyer, don’t hesitate to ask a lot of questions. Your personal injury attorney should be more than happy to answer.

TAKE YOUR CASE TO COURT

In most cases, personal injury claims are settled out of court during personal injury settlements. Why? Insurance companies often seek to settle these disputes as soon as possible to conserve time and resources. However, this also means that they might try to lowball your settlement claim. Having an experienced car accident lawyer on your side also means you have a skilled negotiator representing your interests.

If you’re unable to reach a settlement, you may have to take your case to trial. In these instances, you’ll want to have a personal injury attorney who has experience and success representing their plaintiffs in court.

REFERENCES

Last but not least, your potential attorney should be more than happy to make references available. These references can provide an objective look into what it’s like working with this law firm. While every reference doesn’t necessarily need to be glowing, it should give you an inside look at how they operate with their clients.

WHAT TO DO AFTER A CAR ACCIDENT

If you’re involved in a car accident, the next steps you take will prove critical for the success of a personal injury claim. Follow these steps after a car accident to ensure you have the best chance of success if you file a suit.

  1. Receive medical attention: your health should always be your top concern. After a car crash, first, check on the safety of yourself and your passengers. Call 911 even if you don’t believe your injuries are significant. Adrenaline can mask momentary pain and conceal your injuries.
  1. Get to safety: if your car is still operational, move it to the side of the road on a safe shoulder or parking lot if one is nearby. This will prevent your accident from becoming even worse.
  1. Obtain a police report: when you call 911, police will also arrive on the scene. They can help you clear the accident, receive medical attention, and they will also provide an official police report. It’s important to retrieve This report because it is important to receive it as it stands as the most authoritative, objective account of the accident.  
  1. Exchange information: following the accident, you should exchange your basic contact and insurance information with the other driver. This is as much for your own protection as it is for theirs. However, you should never feel pressured to share more information than is necessary. Even if you believe you were at fault in the crash, never admit this to the other driver.
  1. Gather evidence: this next step is critically important if you end up filing a personal injury claim. Gather as much evidence from the scene of the accident as you can, including pictures of the vehicles, any other property that was damaged, and eyewitness accounts of the accident.
  1. Call your insurance company: report your car accident to your insurance company so you can begin filing your insurance claim.

7. Contact a car accident law firm: last but not least, you should contact an experienced car accident law firm in your area. They can work with your insurance company, handle other lawyers, and help you determine if you have a viable personal injury claim.

CONCLUSION – WHAT TO LOOK FOR IN A CAR ACCIDENT INJURY LAW FIRM

If you’ve been involved in a car accident, you shouldn’t hesitate to reach out to an experienced car accident injury law firm. Having a personal injury attorney on your side can prove essential for your car accident claim; however, with so many options in the legal world out there, you should make sure you’re working with the car accident law firm that’s right for you and your case. By choosing a law firm with extensive experience, a proven track record, open communication, and solid references, you set yourself up for the best chance to win your personal injury case.

It only takes a few minutes to get started. Call Paul and you’ll receive immediate, comprehensive support for your case. We’ll meet with you on your schedule and dive into building your case without a moment’s hesitation. At the Paul Wilkinson Law Firm, we also operate strictly on contingency fees. What does this mean? We only get paid if you win your case.

Contact the expert personal injury lawyers at the Paul Wilkinson Law Firm today to schedule a free consultation. Whether you were involved in a car accident, truck accident, bicycle accident, or any other type of personal injury case, we’re here to help. We look forward to ensuring that you receive the justice you deserve.

How Does a Personal Injury Lawsuit Work?

After a personal injury, you may wonder whether hiring a personal injury lawyer is the right move for you. These lawyers deal with a wide variety of cases, including car accidents, slip, and fall injuries, and workers’ compensation. However, you may feel uncomfortable with the personal injury lawsuit process. That’s okay. The Paul Wilkinson Law Firm is here to guide you every step of the way.

This blog discusses how a personal injury lawsuit works and the timeline you can expect if you’ve sustained personal injuries and believe you’re entitled to compensation. It also contains a section detailing how to choose a personal injury lawyer that fits your needs. Continue reading to learn what you can expect if you plan on filing a personal injury lawsuit for the first time.

Personal Injury Lawsuit Timeline

Personal injury lawsuits boil down to who’s at fault and then determining the damages within a given case. These damages deal with physical, monetary, and mental damages in the case. They can also cover the defendant’s actions if the court determines they acted in negligence. In this case, the court might award the plaintiff punitive damages.

To understand how a plaintiff obtains their damages, let’s detail the procedure for personal injury lawsuits more thoroughly.

Initial Consultation

The personal injury lawsuit process begins with the initial, client-attorney consultation. Most personal injury attorneys offer a free consultation to help you better understand your case and the various factors involved better.

Personal injury lawyers should listen to you attentively and relate back to your case details. They will ask you a series of questions that reveal the extent of your damages and help them conceptualize your case. You should also feel comfortable asking your attorney questions about their experience to see if they’re the right fit for your case.

After the introduction phase, when your attorney understands the nature of your case, they will likely issue their recommendation going forward and explain the best courses of action. They will relate the compensation you stand to win and their fees.

Many personal injury lawyers work on a contingency fee basis, which means they only accept payment for winning your case. By the end of the initial consultation, you should feel like you understand the legal aspects of your case and you should also feel empowered with the details to make an informed decision.

Filing Court Documents

If you move forward with your attorney, they will file a complaint and assemble the other required documents. Your lawyer will list the party you sue as the defendant on the complaint and you will be listed as the plaintiff.

The complaint should contain your case details and the legal basis for holding the defendant liable. It should also include the damages you seek to recover from the defendant, and they will have to answer the complaint by court order.

Discovery

After both sides file and serve the initial documents, the parties enter discovery. Discovery is the formal evidence-exchanging process. During this time, the personal injury lawyer can also submit a request for additional documents.

At this juncture, both parties are allowed to take depositions and sworn statements and your lawyer can consult an accident reconstruction or medical expert. These experts help your lawyer fortify your case and provide evidence to the court and one or more of these experts can testify on your behalf.

Pre-Trial Motions and Hearings

Attorneys can use pretrial motions to prompt the opposing party to provide evidence. They can also file motions aimed at resolving a case before it goes to trial.

For example, a defendant’s attorney can file a motion to dismiss the lawsuit based on a lack of evidence or jurisdiction. Conversely, the plaintiff’s attorney can file a motion for a summary judgment, meaning the judge finds the case uncontestable, ordering immediate relief.

Settlement Negotiations

Attorneys on both sides will typically try to settle before trial. This is usually in everyone’s best interest as trials are arduous and require more stress, resources, and planning. Everything gets put under a microscope in trial and that’s a drain in itself. In a settlement situation, the defendant agrees to pay compensation in exchange for their release from liability.

The plaintiff typically makes an offer and the defendant issues a counter-offer. Settlement negotiations can take months or even years and parties often bring mediators to expedite the process and ease the stress off both parties. Mediators are unbiased attorneys who try to get both parties to agree upon a settlement.

Trial

If the parties can’t settle, the personal injury lawsuit goes to trial. You can conceptualize a trial as having two phases: deciding whether the defendant is at fault and then determining damages if they find them liable.

Though most personal injury lawsuits resolve via settlement, it’s wise to use an attorney with trial experience. These lawyers understand how to navigate the courtroom, which can be a cutthroat environment. Trial lawyers, such as those at the Paul Wilkinson Law Firm, understand how to prepare a strong case and give you the best chance to secure the compensation you deserve.

Collecting Damages

After settling either pre-trial or through a judge’s decision, your personal injury lawyer should collect your funds and distribute them into the account of your desire. If your attorney uses a contingency fee payment method, they will deduct their legal fees from the settlement.

You should already understand the fees your attorney plans to take before this stage. Reputable personal injury lawyers are transparent about their payment requirements and you won’t be surprised by charges.

Post-Trial Motions and Appeals

If the court issues a judgment in your favor, the defendant has the right to file post-trial motions seeking to reverse or reduce the judgment or damages owed. An appeal occurs If the defendant requests a higher court to decide whether legal errors happened during the trial.

While the case is on appeal, the parties can re-enter settlement negotiations. Defendants often use this strategy in hopes the plaintiff can’t afford to wait for the damages, prompting an early settlement for less than they were awarded from the trial.

What Are the Damages in a Personal Injury Lawsuit?

Compensatory Damages

Most personal injury damages fall under the compensatory damage category. These damages compensate the injured party for what they lost during or after the accident or injury. They can be medical bills, property damage, physical therapy costs, emotional trauma damages, any financial, physical, or emotional damages caused by the accident.

Some compensatory damages are easily quantifiable, such as medical bills or property damage. However, pain and suffering are a little more arbitrary and the judge determines the dollar amount for these damages.

Punitive Damages

Punitive damages are those imposed by the judge aimed to punish the defendant rather than make the plaintiff whole. In personal injury cases where the defendant exhibits gross negligence, the court may look to make an example of the defendant, condemning their actions to send a message.

The plaintiff still receives compensation, but these damages have more to do with the defendant’s conduct than the plaintiff’s damages. Most states set caps on punitive damages since they can be high.

Choosing the Right Personal Injury Lawyer for Your Case

Choosing the right attorney for your case can mean the difference between winning and losing, between getting the damages you deserve and coming away empty-handed, with a pile of bills and emotional suffering.

That’s why choosing your personal injury lawyer is such an essential step in your case. The right personal injury lawyer will be able to answer your questions completely and they will show a genuine interest in getting you the compensation you deserve. Exercise caution if your attorney starts making lofty promises during the initial consultation.

Experienced attorneys understand the complex legal situation and deliver advice rooted in realism, not idealism. They evaluate your case and hire experts to validate your claims.

Conclusion- How Does a Personal Injury Lawsuit Work?

Nobody enjoys going through a lawsuit. If you’re the plaintiff, you’ve already endured the accident that led to your injury, why would you want to navigate a legal minefield as well? Consulting a personal injury attorney will make your case clear and give you the confidence you need to move forward.

At The Paul Wilkinson Law Firm, we understand the stress and confusion you may feel after a personal injury or accident. Our team of experienced personal injury attorneys is here to fight for you and do whatever it takes to give you the compensation you deserve.

Contact us today for a free consultation and start on your path to recovery with a clear head.

Who Pays for the Attorney After a Car Accident?

Determining who pays for a car accident attorney comes down to a few different aspects. Choosing which driver is at fault can impact who pays for a car accident attorney. Additionally, some attorneys or law firms operate on contingency fee bases. Contingency fee payment structures mean clients only pay attorneys if they win their cases.

This blog discusses who pays for car accident attorneys in car accident cases. It describes how fault is determined in car accident cases and examines when you should seek a car accident attorney’s advice regarding your car accident case.

The Paul Wilkinson Law Firm can help fight your case to ensure you receive the damages you deserve. Our team of experienced car accident personal injury lawyers will help decide the best course of action if you’re struggling to prove your case to insurance companies or at-fault drivers. We also operate on a contingency fee basis, so you keep the damages in your case.

What is a Contingency Fee?

Contingency fees are arrangements in which attorneys represent their clients under the agreement they only accept payment if they win the case. In this arrangement, attorney fees are “contingent” upon the successful outcome of the case.

Car accident attorneys who use contingency fees only collect payment if you receive a car accident settlement from the at-fault driver’s insurance company or win a court judgment in a car accident lawsuit in your favor.

How are “Costs” Handled?

Attorneys might advertise as contingency fee law firms. However, that’s not always the case as they can contain hidden fees in their agreements that deem you responsible for certain case “costs” such as filing fees, photocopying costs, and witness fees. When considering a contingency fee based attorney, you should understand the exact payment terms.

In true contingency agreements, your attorney absorbs case costs until you receive your settlement or court award. Upon receiving these, your attorney deducts the costs from your final amount on top of the agreed upon contingency percentage.

Fees and Expenses

If you don’t operate using a contingency fee, you might be responsible for upfront court fees and other litigation expenses. These include obtaining medical records and police reports, court reporter fees, and expert witness fees. If you don’t use a contingency fee based attorney, you will often have to pay these expenses up front, or as they become due. If you can’t pay these fees, these attorneys will often suspend their services until they receive payment.

To ensure your attorney operates using a contingency fee, make sure they take their fees after the “net settlement.” The net settlement is the amount of money left after your attorney deducts case expenses. Make sure your attorney doesn’t try to increase their fees by taking out the money first.

What Is the Standard Contingency Fee?

Typical contingency fees are anywhere from 25-40 percent of the overall settlement. Some statutes set by attorney ethics in your state can also affect contingency fee rates. Most contingency fee law firms operate using a sliding scale, meaning that other factors determine the ultimate contingency fee percentage.

For example, attorneys might accept a lower percentage if the case settles before a lawsuit needs filing. They will require more if the lawsuit needs to be filed but the case doesn’t go to court, and they take the highest percentage if the case goes to trial.

Additionally, case outcomes can affect attorneys’ contingency percentage. Drivers or insurance companies may accept partial responsibility for accidents or try to settle without involving any litigation. Before enlisting the help of a car accident attorney, you should consider the following questions.

Should I Get an Attorney After a Car Accident?

There are a few instances when you should hire a car accident attorney. In these cases, litigation and taking your case to court might be your best option.

Extensive Injuries or Significant Damage to Your Car

If you were involved in a minor fender bender, you might not need to include attornies. However, when severe damages occur, it’s best to contact an attorney to see what they can do to get you the damages you’re entitled to.

If Someone Else’s Actions Caused the Accident, but Fault Is Unclear

The last thing you need is to be blamed for something you didn’t cause. Car accident attorneys ensure the at-fault party pays for the damages, even if the police fail to make that clear in their report or insurance companies refute the other driver was at fault.

The Other Driver Offers a Low Ball Settlement

You need to speak with an attorney if the other insurance company offers a low-ball settlement. If the other driver’s actions caused the accident, the other insurance company should pay for all your expenses, not just the little costs.

Speaking to a car accident attorney will help explain what you’re entitled to and how they plan to get you your entitled recompenses.

How Do You Determine Fault After a Car Accident?

How do you determine fault in a car accident? With so many moving parts and the accident happening so fast, it can be challenging to determine who’s at fault in a car accident. Different states determine fault in different ways. However, there are tiers to determining fault no matter where you are, and the following section details these tiers.

Drivers Decide Fault

The first opportunity to determine fault is at the accident scene. The drivers can point fingers at each other as they exchange information. Drivers can also panic and point the finger at themselves. In the heat of the moment (especially for accidents that cause extensive damage), it’s always wise to involve authorities and have them issue a report.

It’s important to remember that, while you may think you’re at fault after an accident, you don’t have the whole perspective. Because you don’t have the complete view, it’s usually wise to enlist the help of authorities so you can get the full rendition of the scene.

If you’re physically able, you should also take pictures of the scene before the vehicles get moved. You should also collect the names and numbers of the witnesses who saw the crash. Ensure you get the driver or drivers driver’s license and insurance ID card and record the make and model of the vehicles involved in the crash.

The Police Report Decides Fault

The officer’s first job is to figure out if anyone on the scene is hurt and whether they should call for help. After responding to any medical emergencies, officers will assess the location and note any vehicle damage and examine how the vehicles wound up in their positions.

Police officers are trained to determine at-fault by how the vehicles got into their position. For example, if a car gets T-boned at a stop sign or if a car gets rear-ended at a red light, the fault is reasonably simple to determine. Officers will typically make a diagram of the scene after examining it.

In some cases, outlying circumstances cause accidents, and officers need to discuss everything with their witnesses to determine fault. The officer should obtain any witness names and try to collect as many valid statements as possible. The final police report won’t be infallible, but it’s the most relevant document insurance companies will read.

The Insurance Company Decides Fault

Insurance claims are becoming easier and easier to file, especially with the internet. Now, you can file many claims using the internet. These virtual claims can even include accident photos and algorithms instantaneously evaluate the damage.

After the involved parties file their claims, it’s up to the insurance providers to determine the fault. If your insurance company decides the other driver is at fault, they will seek restitution for the claim money you received for your damages. This process is known as subrogation. Your insurer asks the other driver’s insurance company to reimburse them for the collision claim and obtain a refund for your deductible in subrogation.

If your claim only involves monetary damages, you might want to take it to small claims court. You might be able to get the insurance company to settle immediately. However, some insurance companies will fight for every dime and refuse to part with any of their money.

Arbitration Decides Fault

If insurance companies decide to be ornery, you can always enlist the help of a car accident attorney. Car accident attorneys can help you negotiate with your insurance company or the other driver’s insurance company, so you get the compensation you deserve.

In this scenario, lawyers from both sides negotiate the settlement. Many car accident attorneys will also operate on a contingency fee basis, meaning you only have to pay them if you win. Choosing a contingency fee lawyer also protects you from accumulating extensive litigation costs if you go to trial.

The Jury Decides Fault

Going to court means you put the fate of your case in the hands of a jury of peers. This is the final tier of determination, and you should use it as a last resort. In fact, as a Forbes article notes, only 1% to 2% turn into lawsuits. This process can be lengthy and expensive, and you should try to avoid it if possible.

There’s also another hurdle you have to jump through during the litigation process, known as contributory negligence. Contributory negligence means you may have contributed to your accident even though you aren’t the at-fault driver.

The court takes contributory negligence into account, and even if you’re only 10% at fault, the court subtracts that percentage from your damages. Most states carry a comparative fault standard that apportions blame. This method entails assigning portions of responsibility to different drivers to determine damages. For example, a driver might only be entitled to 75% of their damages if the court decides they were 25% at fault for the accident.

When multiple vehicles are involved, fault becomes even more challenging to determine. In no-fault states such as Michigan, your insurance company has to pay all your accident expenses. You can only sue someone else if you have severe injuries such as permanent disfigurements in these cases.

Conclusion- Who Pays for the Attorney After a Car Accident Attorney

Determining who pays for your car accident attorney comes down to a few factors. To start, some attorneys don’t charge on a contingency fee basis, meaning you pay them an hourly rate. If your case lingers on and you wind up going through extensive litigation, you might have to pay out of pocket for a substantial portion.

However, if your attorney operates on a contingency fee, they will only charge you if you win your case. Determining who pays for car accident attorneys also comes down to the at-fault driver in your accident and the portion of damages they cover.

If you reach a painless settlement, you shouldn’t accumulate too many attorneys fees regardless of whether they charge on contingency. If you don’t and get dragged into an ugly litigation process, you might wind up accumulating more expenses than you can handle, even with your damages.

Call Paul mobile operates on a contingency fee basis, so you only pay if we win your case. Operating using a contingency fee ensures you receive all the damages you deserve. Contact us today to schedule a free consultation and get what you deserve from your case.

What to Look for in a Personal Injury Law Firm

Accidents can happen anywhere at any time. Whether it’s a car accident, truck accident, or instance of medical malpractice, you never know when one might occur. But what should you do after the event? If your accident was caused by the actions (deliberate or otherwise) of another person or company, you may be entitled to financial compensation by filing a personal injury lawsuit.

The first step is finding the right personal injury law firm with the necessary experience to represent your case. In this blog, we’re providing a brief guide to help you know what to look for in a personal injury law firm. We start by defining this type of law firm, what kinds of cases personal injury attorneys handle, and how to select the right personal injury lawyer for your case. Choosing the right personal injury law firm from the beginning will help save you time, money, and headaches down the road.

The Paul Wilkinson Law Firm is one of the top personal injury law firms in Colorado. If you were involved in a personal injury accident, such as a truck accident, car accident, motorcycle accident, or pedestrian accident, we’re here to help. Even if you believe you were partially at fault in the accident, give us a call. Our team of personal injury lawyers will help you understand your case, your rights, and do what it takes to ensure you receive fair compensation.

WHAT IS A PERSONAL INJURY LAW FIRM?

A personal injury law firm is a team of lawyers who specialize in personal injury cases. These types of suits range from auto accidents, medical malpractice, to injuries caused by defective products.

Personal injury lawyers focus primarily in an area of the law known as tort law. According to the National Paralegal College, tort law “seeks to provide reimbursement to members of society who suffer losses because of the dangerous or unreasonable conduct of others.” A tort, which essentially means a wrongdoing, can be classified as intentional, negligent, or in strict liability. Regardless of the classification, a personal injury law firm will have the expertise and experience to take on these types of cases.

WHAT TYPES OF CASES DOES A PERSONAL INJURY LAWYER HANDLE?

While specialized, personal injury lawyers have the ability to provide legal services for a wide variety of cases. Any incident where someone is injured (physically or psychologically) due to the negligence of another person, institution, or company, a personal injury attorney is suited for this type of case.

Here are some of the most common cases handled by a personal injury law firm:

  • Car accidents.
  • Truck accidents.
  • Motorcycle accidents.
  • Pedestrian accidents.
  • Texting while driving accidents.
  • Slip and fall cases.
  • Uninsured motorist cases.
  • Medical malpractice.
  • Bad faith insurance.
  • Back and spinal cord injuries.
  • Head and brain injuries.
  • Wrongful death cases.

Personal injury attorneys cover a wide range of lawsuits. If you’re unsure if your specific personal injury accident would fall under tort law, call a lawyer to receive more information.

WHAT TO LOOK FOR IN A PERSONAL INJURY LAW FIRM

Selecting the correct personal injury law firm for your case isn’t as simple as it may appear. Once you start looking for a personal injury lawyer, you’ll quickly discover that there’s quite a few options. For example, if you live in Colorado and you’re looking for a Denver car accident attorney, you’ll have dozens of qualified law firms to choose from.

So, how do you pick the right one? There’s no perfect method for selecting the right personal injury law firm. However, this doesn’t mean you should be flying blind. Use the following brief guide below to know what to look for when selecting a personal injury law firm.

1. They have experience.

When selecting a personal injury law firm, you want to be sure that they have experience working on cases similar to yours. Not only that, but you’ll want lawyers who have a proven track record of success when representing these cases. With a little bit of research and open dialogue, most law firms will be more than happy to share their experiences with a potential client.

2. They communicate.

Communication is the key to any successful relationship, which is especially true for plaintiffs and their attorneys. Even after they agree to take your case, you want a personal injury attorney who keeps consistent and timely communication with you throughout the duration of the suit. You want someone who is willing to take your calls and keeps you informed about any progress.

Additionally, just as it is important that a personal injury lawyer keeps you up to date, it’s also important they listen to you. Most of us don’t have a thorough understanding of the complexities of the law. A good personal injury attorney should have no issue with communicating with you and educating you about your case.

3. They’re transparent.

An honest and effective personal injury law firm will always be up front, clear, and transparent about their policies and actions—including their fees. There shouldn’t be any hidden surprises as you work together on your case.

4. They know how to negotiate.

Practicing law effectively, in many ways, comes down to negotiation skills. This is especially true of personal injury cases where most won’t even go to trial. In these cases, the negotiation skills of your personal injury attorney will be crucial to ensuring you receive fair compensation for your injuries. While a good lawyer will always be professional, you do want someone in your corner who’s aggressive and willing to fight for you.

5. They’ll take your case to court.

While most personal injury suits usually settle out of court, you’ll still want a personal injury attorney who isn’t afraid to take your case to trial. You want an attorney who has experience going to court and winning these types of cases.

CONCLUSION – WHAT TO LOOK FOR IN A PERSONAL INJURY LAW FIRM

According to the Center for Disease Control and Prevention (CDC), there are almost 40 million personal injuries that occur each year that require medical attention. The negligence of other people, institutions, or businesses cause many of these injuries.  In these situations, the victim should receive medical care, professional assistance, and if warranted, fair financial compensation for their injuries.

If you’ve been in an accident, don’t wait to reach out to a team of experienced and professional personal injury attorneys. By working with a personal injury law firm, you’ll have years of experience and expertise in your corner. These professionals can help you understand your case, determine the full value of the accident, and if required, take your case to trial.

Just Call Paul and we’ll help you receive the support you need. Our personal injury attorneys will meet with you on your schedule and dive right into your case. Since our personal injury law firm works on contingency fees, there’s no financial risk on your end. With contingency fees, our fees come from the success of your case. Essentially, we only get paid if you do.

Contact us at the Paul Wilkinson Law Firm today to schedule a free consultation. We look forward to helping you receive the justice you deserve.

Colorado Car Accident Statistics

Having the chance to explore our beautiful state is one of the best parts about living in Colorado. Taking a drive up through the mountains or exploring one of our many exciting cityscapes is arguably the best way to truly appreciate this beautiful state. However, any moment when you’re behind the wheel, you need to be aware of the risks. Even the safest drivers may be involved in an auto accident due to the reckless driving of other motorists.

In this blog, we’re taking a closer look at the common causes of car accidents in Colorado. To better understand the scope of this issue, we’re also reviewing some of the most important auto accident statistics in Colorado. By learning more about the causes and statistics, you can be more aware behind the wheel and help do your part.

The Paul Wilkinson Law Firm is one of the leading car accident law firms in Colorado. If you were involved in a personal injury accident, such as a truck accident, car accident, motorcycle accident, or pedestrian accident, we’re here to help. Even if you believe you were partially at fault, we’re here to support you. Our professional team of personal injury lawyers will review your case, help you understand your rights, and do everything it takes to ensure you receive justice and fair compensation for your accident.

COMMON CAUSES OF AUTO ACCIDENTS

Every year, there are hundreds of fatal car crashes in Colorado. While every auto accident is unique, there are some common causes that can help us better understand how car accidents occur. As one of the most experienced car accident law firms, we’ve seen a wide variety of car accidents. Most accidents, however, result from one of the following causes:

  • Distracted driving: what does talking on your phone, playing with the radio, eating food, or simply daydreaming all have in common? They’re all forms of distracted driving. Taking your full attention from the road, even for just a few seconds, dramatically increases your chances of getting in an auto accident.
  • Driving under the influence: drugs and alcohol impair your ability to safely and effectively operate a vehicle. Even just one or two alcoholic drinks can slow your reflexes, affect your decision-making, and impair your ability to think critically. Across the country, driving under the influence is one of the leading causes of fatal car accidents.
  • Intersections: according to the National Highway Traffic Safety Administration (NHTSA), approximately 40 percent of all car accidents occur at intersections. These auto accidents happen primarily when drivers run a red light or miss a stop sign, failing to legally yield to oncoming traffic. Always be extra cautious when approaching an intersection.
  • Reckless and aggressive driving: when you drive with blatant disregard for the safety of others on the road, this counts as reckless driving. When fueled by aggression or anger, you often end up speeding or making poor decisions, which can easily lead to an auto accident. It’s never worth it to lose your cool when you’re behind the wheel of a motor vehicle.
  • Weather conditions: Colorado is known for our mountains and our dramatic shifts in weather. Unsafe road conditions caused by rain, snow, sleet, or hail consistently lead to a high number of car accidents every year. While it’s always wise to avoid unsafe road conditions, sometimes you don’t have a choice. If driving through snow or rain, always go a little slower than normal.

AUTO ACCIDENT STATISTICS IN COLORADO

When you think of the most significant health risks in Colorado, illnesses and diseases like cancer or heart disease probably come to the forefront of your mind. While these health issues remain significant, many people fail to realize that car accidents are consistently one of the leading causes of death in Colorado. In fact, according to the Colorado Department of Transportation (CDOT), motor vehicle fatalities have continued to rise every year since 2011. In 2017 alone, there were 648 car accident deaths.

To help us all better understand the scope of this public health issue, we’ve assembled some of the most important auto accident statistics for Colorado. Hopefully, these statistics will encourage more drivers to remain focused while behind the wheel and make safety a top priority when driving in our state.

  • There are over 1000,000 car accidents annually in Colorado.
  • Speeding is a factor in roughly a third of all car accident fatalities.
  • Half of all auto accident fatalities were not wearing seat belts.
  • Drivers impaired by alcohol were involved in roughly 25 percent of all car accident fatalities.
  • In 2016, Adams County had the most (60) auto accident fatalities, followed by Weld County (57) and Denver County (54).
  • Car accident fatalities have gradually increased in both urban and rural areas throughout Colorado.

WHY YOU NEED A CAR ACCIDENT LAWYER

If you’re involved in a car accident, you should first seek medical attention. Even if you don’t feel hurt at first, the adrenaline from the accident can mask any initial pain. After you’ve done that, you should make a call to an experienced Colorado car accident attorney. These professionals can help you understand your case, assess your options, and work with in pursuing financial compensation if your situation warrants it. Even if you believe you’re partially at fault, you may be eligible for some form of compensation.

Most people think that, following an auto accident, their insurance company will simply take care of anything. In many cases, yes, your insurance company will work with you to ensure you receive the full amount on your claim. However, this isn’t always true.

Insurance companies are still for-profit companies, which means they’re still out there to make money. How do they do this? By paying out on as few claims as possible. In the legal world, this is called bad faith insurance, and you can actually take your insurance company to court if they fail to fully honor a valid claim. Working with a professional car accident attorney will ensure that the insurance company doesn’t take advantage of you and that you receive the full and fair financial compensation for your accident.

CONCLUSION – AUTO ACCIDENT STATISTICS IN COLORADO

While hitting the open road can be relaxing, therapeutic, and just plain fun, it doesn’t come without risks. Auto accidents occur every day in Colorado and cause injuries and significant financial costs for drivers. Certain factors like speeding, distracted driving, or unsafe weather conditions can increase the risk of a car accident, but to be frank, an accident can occur at any moment. This is why it’s so important to always give your full attention to the road when you’re operating a motor vehicle.

If you’re involved in a car accident in Colorado, don’t wait to Call Paul. Our team of experienced and passionate personal injury attorneys will meet with you and help you understand your case. Our car accident law firm runs strictly on contingency fees, which means you can rest easy knowing there’s no financial risk. With contingency fees, we only get paid if you do since our fees are based on the success of your case. Simply enough, we’re in this together.

Contact the Paul Wilkinson Law Firm today to schedule your free consultation. We look forward to helping you receive the justice and compensation you deserve.

Do I Need to Hire a Personal Injury Attorney?

If you’re involved in a car accident, will you know what to do next? After you’ve received medical care and talked with your insurance company, how can you protect your rights?

After being involved in a car accident or any other type of personal injury accident, you should call a personal injury attorney. These professionals can help you understand your case, assess its full value, and if needed, represent you in court. If you’re the victim of a personal injury case in Colorado, Call Paul today.

But how exactly do you know whether or not you need a personal injury attorney? If you believe you’re partially at fault, could pursuing a lawsuit even hurt you? To understand these various aspects, let’s break down what a personal injury attorney does and how these lawyers can benefit you and your case.

At the Paul Wilkinson Law Firm, we’re dedicated to defending the rights of anyone involved in a personal injury accident, including car accidents, truck accidents, motorcycle accidents, wrongful death cases, and more. Even if you believe you’re partially at fault, don’t hesitate to give us a call. Our team of specialized personal injury lawyers will do what it takes to ensure that you receive fair compensation for your injuries.

WHAT IS A PERSONAL INJURY ATTORNEY?

A personal injury attorney is a lawyer who provides legal representation for any plaintiff who claims they suffered physical or psychological injury as the result of the actions or negligence of another person or organization. Personal injury lawyers specialize in a field known as tort law, which protects and compensates those who have been injured by negligent, intentional, or reckless actions. These laws are designed to compensate the victims and to discourage others from committing similar infractions.

WHAT TYPES OF CASES DO PERSONAL INJURY ATTORNEYS HANDLE?

Personal injury law covers a wide range of accidents, which can make it confusing to know whether your case falls under this category of law. The best way to know for sure is to call a personal injury law firm and provide details about your case. Since most Colorado law firms provide free consultations, this will only cost you a few minutes of your time.

Here are some of the common types of cases handled by a personal injury lawyer:

    • Car and truck accidents.
    • Motorcycle accidents.
    • Pedestrian accidents.
    • Drunk driving accidents.
    • Bicycle accidents.
    • Brain injuries.
    • Head or neck injuries.
    • Slip and fall accidents.
    • Bad faith insurance.
    • Wrongful death cases.
    • Defective products.
    • Medical malpractice.

Any accident where injury was caused by a liable party (which could be an individual, company, or government organization) is fair game for a personal injury attorney. If you aren’t sure whether your suit falls under this umbrella, it never hurts to make a quick call to learn more.

BENEFITS OF HIRING A PERSONAL INJURY ATTORNEY

Many people hesitate to hire a personal injury attorney because they believe their insurance company will handle everything. However, this often isn’t the case. Insurance companies will try to limit the amount they pay out—even on valid claims. After all, insurance companies are still working to make a profit.

Some plaintiffs may also hesitate to call because they don’t think their accident necessitates financial compensation. Deciding whether to pursue compensation is difficult, but you shouldn’t simply ignore your accident or assume your insurance company has your best interests in mind. To understand the full complexities of your case and the full financial value of your claim, you’ll want to work with a personal injury attorney.

Here are some of the benefits of hiring a professional personal injury lawyer:

1. Legal issues are complicated. A personal injury lawyer can help you understand the complexities of your case and help you choose the best options for your case.

2. They can help you receive the proper medical care.

3. They’ll stand up to other lawyers and insurance companies.

4. Personal injury attorneys are experts at the art of negotiation.

5. They can help you make a rational, objective decision.

6. They can help you receive financial compensation fast.

7. Peace of mind–after an accident, the last thing you should worry about is handling your own lawsuit.

DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?

While every personal injury accident is unique, most stand to benefit from the knowledge and expertise of a personal injury attorney. For example, if you work with a truck accident law firm, they’ll know the ins and outs of these types of suits and give you the best chance of winning. Even if they don’t end up taking your case, they can outline the legal aspects of your accident and help you determine your next step, and refer you to another firm.

To help you determine whether or not you need to hire a personal injury attorney, consider how you’d answer the following questions.

1. How bad are your injuries?

Take a slip and fall accident as an example. Let’s say you slide on a wet floor at a store and only slightly bruise your elbow: a minor injury like this likely won’t warrant a personal injury suit. However, if you slip on the wet floor and break a bone or get a concussion. These injuries can be expensive, time-consuming, and impact your career. These are all reasons that you’ll want to get a personal injury attorney involved with your case.

2. Have you determined liability?

Who or what caused your accident? In many accidents, it may not always be crystal clear and many states have shared liability laws that disperse liability between multiple parties. These laws impact the financial compensation parties are eligible to receive. Even if the other party is clearly liable, they can deny responsibility, hoping you don’t seek legal representation.

3. Can you afford all your medical expenses?

Whether it’s a car accident, motorcycle accident, pedestrian accident, or any other type of personal injury incident, the medical expenses can pile up fast. If you have trouble affording these expenses, consider calling a personal injury attorney. Most personal injury lawsuits include compensation for medical expenses, both physical and emotional, and can potentially cover lost wages caused by the accident.

4. Are you having problems with your insurance company?

As previously mentioned, your insurance company may not always have your best interests in mind. Following an insurance claim—even one that is completely valid—your insurance company may refuse to honor the claim, provide only a partial payment, or fail to thoroughly investigate the incident.

These are all examples of bad faith insurance when an insurance provider fails to hold up their end of the bargain. Even if your insurance company simply won’t return your calls or delays the process, you’ll want to call a personal injury attorney to back you up.

CONCLUSION – DO I NEED TO HIRE A PERSONAL INJURY ATTORNEY?

If you believe you’re the victim of a personal injury accident, don’t wait to reach out to an experienced and professional personal injury attorney. These specialized lawyers will help you understand your case, determine its true value, and if needed, fight for you at trial.

If you Call Paul, you’ll receive immediate and comprehensive support. We’ll meet with you on your schedule and begin researching your case without hesitation. Additionally, the Paul Wilkinson Law Firm operates strictly on contingency fees. This means that we only get paid if you do.

Contact us at the Paul Wilkinson Law Firm today to schedule a free consultation. We look forward to helping you receive the justice you deserve.

How to Avoid Bike Accidents

In recent years, bicycling has exploded as a popular form of recreation, travel, and a way to save on gas. Many people are even seeing the environmental advantages of cutting down on traffic and carbon emissions by driving less and bicycling more. Whatever your reason for bicycling, this activity is a great way to stay in shape and even spend time with friends while hitting the road.

However, bicycling doesn’t come without hazards. As more and more people opt for this form of travel, accidents between bicycles and motor vehicles have risen. According to the National Highway Traffic Safety Administration (NHTSA), 857 bicyclists were killed in the United States in 2018 alone. Additionally, hundreds of thousands of bicyclists are injured in traffic accidents every single year. This is why it’s so critical for both drivers and bicyclists to be aware and practice safe habits while sharing the road.

If you ever find yourself involved in a bike accident in Colorado, don’t hesitate to reach out to an experienced Denver bicycle accident attorney. When you’re not sure where to turn, don’t hesitate to Call Paul. Here at the Paul Wilkinson Law Firm, we’re dedicated to defending the rights of anyone involved in bike accidents, truck accidents, car accidents, and many other types of personal injury cases. Even if you believe you’re partially at fault, don’t hesitate to give us a call. Our firm will educate you on what to do next and show you your options and determine whether or not your case is entitled to any form of legal compensation.

Of course, we always hope that you will never be involved in a bike accident in the first place. That’s why we believe education is such an important tool. In this blog, we’re looking at preventative measures to avoid bike accidents. These practical safety tips will help keep you, and everyone else, safer on the road.

1. Keep up with bicycle maintenance.

One of the most important ways to avoid a road bicycle accident is to keep up with regular bicycle maintenance. Before every ride, you should check on the ABC’s of your bike. This stands for air, brakes, and chain. Make sure your tires are properly inflated and check your front and rear brakes to ensure a response. You should also give your chain and gears a quick visual inspection before hopping on your bike. Regularly lubricating your bike chain makes it easier to shift gears and extends the life of your drivetrain.

Bicycle maintenance should be practiced in the long and short term, which means always being prepared for an accident or bike malfunction. It’s smart to carry an air pump with you and any other small tools you may need for a spur-of-the-moment repair. You should also carry a cell phone in case of an accident.

2. Wear bright and reflective clothing.

Even during the day, you should always wear bright and reflective clothing when riding your bike. Fluorescent colors are an ideal choice for many bicyclists. You can even attach reflectors to your helmet, bicycle, or even your clothing to appear even more visible. This is especially important whenever riding at night.

3. Wear the proper safety gear.

In addition to bright and reflective clothing, you should always wear the proper safety gear. Even if you’re only taking a short ride around the neighborhood, you can never predict the behavior of drivers. Of course, you could even fall off your bike for another reason, like uneven terrain.

4. Obey all traffic laws and signs.

Being safe on the road is a responsibility to be shared by everyone on the road—bicyclists included. Obey all traffic laws and signs just like a driver would. As a bicyclist, you aren’t exempt from any traffic laws.

5. Ride with the flow of traffic.

For novice riders, it might make sense to drive against traffic so you can see oncoming vehicles; however, this is not an advisable way to ride on the roads. Riding with the flow of traffic has been proven to be safer and is even legally required in many states.

6. Tuck your shoelaces.

It’s not just a fashion statement for bicyclists to tuck their shoelaces into their pants or socks while riding. Long shoelaces can easily get tangled in your gears and chain and lead to a sudden accident.

7. Always assume the driver can’t see you.

Some safety advocates say that bicyclists should always ride as if they’re invisible. Now, this doesn’t mean you should act invisible, but rather, always assume that motor vehicle drivers can’t see you. Be conspicuous in your movements and actions and always look twice at any stop or intersection. Never assume a driver sees you. Even if they do, they may not give you the appropriate space on the road.

8. Stay free of distractions.

To prevent bike accidents, it’s essential to stay aware of your surroundings. On the open road, conditions can change immediately and you must be prepared to safely and effectively respond. For example, you never know when a car may be speeding around a corner or a sharp turn. This is why it’s advised to stay free of distractions by not listening to music or talking on your phone while riding.

By remembering these important bicycle safety tips, you can significantly reduce the likelihood of getting into an accident.

BICYCLE TRAFFIC LAWS IN COLORADO

Each state has its own bicycle traffic laws that determine the rights and responsibilities of bicyclists on the road. To keep everyone safer on roadways, here’s a look at some of the bicycle traffic laws in Colorado:

    • While helmets are not required by law, they are highly recommended.
    • Driving under the influence (DUI) and driving while ability impaired (DWAI) both apply to bicyclists. These laws also apply to the use of legal drugs, such as marijuana.
    • Bicyclists are permitted (and encouraged) to use bike lanes, but this is not a legal requirement.
    • Bicyclists must use hand signals when turning or making a stop.
    • Bicyclists must ride no more than two riders abreast.
    • Bicyclists are required to come to a full and complete stop at all traffic lights and stop signs.
    • Bicyclists may ride on sidewalks in most areas. However, some larger cities, like Denver, prohibit this riding practice.
    • All bikes must be outfitted with a front headlight, a rear reflector or light, and brakes.

CONCLUSION – HOW TO AVOID BIKE ACCIDENTS

Bicycling is an excellent way to get exercise, spend time with friends or family, explore your town, and save on gas and other transportation costs. But this recreational activity doesn’t come without some inherent risks. Whenever you’re sharing the road with motor vehicles, there’s always the risk of an accident, which, for bicyclists, can lead to substantial injuries. Hopefully, these safe riding tips can help you avoid bike accidents and enjoy your time out there on the road—wherever it may take you.

However, if you find yourself involved in a bicycle accident, you should reach out to an experienced personal injury attorney. Following a bike accident, the last thing you should be worrying about is paying for medical bills, recovering wages, or the long and drawn-out process of fighting your case in the courts. Since our focus is on getting you the compensation you deserve, the Paul Wilkinson Law Firm operates strictly on contingency fees. What does this mean? We only get paid if you win.

Contact us at the Paul Wilkinson Law Firm today to schedule a free consultation to see the options available for you and your case and let us help you on the road to recovery.

What Kinds of Cases Do Personal Injury Attorneys Handle?

Most of us have heard of a personal injury attorney, but do you know what they actually do? A personal injury attorney provides legal representation for those involved in personal injury cases. When seeking legal counsel or representation, it’s important that you first find a lawyer who specializes in your type of case. It might seem like just any lawyer could handle your case, but for the best chances of winning, you’ll want to find a lawyer with experience and expertise in your case.

In this blog, we’re taking a closer look at what exactly a personal injury attorney does and what kinds of cases these lawyers typically handle. If any of these cases sound familiar to someone you’ve experienced, don’t wait any longer—Call Paul to learn more about your rights and whether or not you may be entitled to legal compensation.

If you’re in Colorado and believe you’re the victim of a personal injury incident, don’t hesitate to reach out to an experienced personal injury lawyer in Denver. The Paul Wilkinson Law Firm is dedicated to defending the rights of anyone involved in a personal injury case, whether it’s a car accident, bicycle accident, truck accident, or any other type of personal injury.

Even if you believe you’re partially at fault, don’t hesitate to give us a call. Our firm will educate you on what to do next and show you your options and determine whether or not your case is entitled to any form of legal compensation.

WHAT IS A PERSONAL INJURY ATTORNEY?

A personal injury attorney is a professional lawyer who provides legal assistance to someone who has suffered harm or injury as the result of another party’s negligence. The negligent party could be an individual person, a company, a government agency, or any other type of legal entity. Personal injury attorneys work on a variety of cases, but they primarily work in a field of law known as tort law.

WHAT IS TORT LAW?

According to the Legal Information Institute, a tort is an “act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.” In this context, “harm” references a loss suffered by the individual, and “injury” describes the invasion of your legal rights.

Thus, tort law is a set of laws that guide legislation in these types of cases. While they vary by state, most tort laws are consistent. There are three primary categories for tort law: intentional, negligent, and strict liability torts.

Here’s a brief look at each of these primary categories:

  1. Intentional torts: when a party causes intentional harm or injury to an individual (ex: physically assaulting someone in a fight).
  2. Negligent torts: when the harm or injury arises out of neglect or as an accident (ex: being involved in a car accident).
  3. Strict liability torts: when a defendant is liable for committing an action (ex: creating and selling a defective product).

WHAT KINDS OF CASES DO PERSONAL INJURY ATTORNEYS HANDLE?

In the aftermath of an accident, it’s normal to feel overwhelmed. Where do I receive the proper medical care? What if I can’t immediately go back to work? How do I deal with my insurance company and what should I tell them? Finding the right lawyer can help you answer all these questions and more. The key is finding the right attorney to represent you for your case.

To see if a personal injury attorney is right for you and your case, here’s a look at the kinds of cases that these attorneys normally handle:

1. Car accidents.

Car accidents are one of the leading causes of personal injury in the United States. In fact, according to Driver Knowledge, there are roughly 6 million car accidents in the United States every year. As a result of these crashes, approximately 90 people lose their lives in car accidents each year.

2. Truck accidents.

The potential for injury is particularly high when there is a crash between a passenger vehicle and a commercial vehicle like a semi-trailer truck. Since commercial vehicles are represented by companies and their teams of lawyers, you’ll want an experienced personal injury attorney in your corner following a truck accident.

3. Bicycle accidents.

Riding a bicycle is an excellent way to get exercise, reduce traffic, and save money on gas and car repairs. However, it can also be dangerous as there are accidents between bicyclists and motor vehicles every day. In fact, according to the National Highway Traffic Safety Association (NHTSA), about a third of all bicycle accidents occur when they are struck by a motor vehicle.

4. Pedestrian accidents.

These personal injury cases occur whenever there is an accident between a pedestrian (someone walking near a road) and a motor vehicle or motorcycle. Often, these accidents prove to be the most critical because a pedestrian has little to no protection compared to someone operating a car or motorcycle. Common types of pedestrian accidents include aggressive driving, driving under the influence, or vehicles failing to yield or stop at a crosswalk or stop sign.

5. Bad faith insurance.

What is bad faith? The purpose of an insurance company is to protect yourself and your property by paying out on a claim. However, insurance companies are still for-profit companies, which means that they often try to reduce how much they pay on claims (or avoid paying entirely). If this happens to you, a personal injury attorney can represent you and make sure your insurance company holds up its end of the bargain.

6. Medical malpractice.

Everyone in the healthcare field, especially doctors and nurses, has a responsibility to provide an appropriate level of care. When doctors deviate from best practices or fail to provide the appropriate care, this may be a medical malpractice case. Examples of medical malpractice include misdiagnosis, failure to diagnose, misinterpreting lab results, or calling for unnecessary surgeries.

7. Wrongful death.

A wrongful death case is the most extreme type of medical malpractice. This type of personal injury case occurs whenever someone loses their life due to the negligence of another person or entity (such as a company, hospital, or government agency).

CONCLUSION – WHAT KINDS OF CASES DO PERSONAL INJURY ATTORNEYS HANDLE?

If you’re the victim of a personal injury case, the negligent party should be held responsible. By hiring an experienced personal injury attorney, you’ll have the best chance of ensuring that this happens. Additionally, you stand the best chance of receiving the complete financial compensation that your case warrants.

Whether you’re the victim of a car accident, truck accident, pedestrian accident, bad faith insurance, or medical malpractice, a personal injury lawyer can provide critical assistance. They can help you understand your rights, assess your individual case, and if needed, fight for your case in court.

After a personal injury accident, the last thing you should be worried about is how you’ll pay your medical bills or legal fees. However, at the Paul Wilkinson Law Firm, we operate strictly on contingency fees. What does this mean for you? Essentially, it means that we only get paid if we win. That’s how confident we are in our experience and capabilities.

Contact us at the Paul Wilkinson Law Firm today to schedule a free consultation to learn more about your rights, your case, and what we can do for you. Let our team of experienced personal injury attorneys help you on the road to recovery.

Is it Worth it to Hire a Personal Injury Attorney?

In the aftermath of a personal injury accident, your head is most likely swirling with questions. What do I tell my insurance company? How much will medical care cost? Is it worth it to hire a personal injury attorney in Denver? In the event of a car accident, bicycle accident, truck accident, or any other personal injury case, you’ll definitely want the assistance and representation of a professional, experienced personal injury lawyer.

In this blog, we take a closer look at reasons why you should seriously consider hiring a personal injury attorney for your case. While you’re not technically required to do so, an experienced attorney can help you understand your rights, deal with insurance companies, and even help you find the proper medical care. If necessary, they’ll take your case to court.

Here at the Paul Wilkinson Law Firm, we’ve assembled a team of experienced personal injury attorneys who aren’t afraid to go to court to see that your rights are defended. Even if you believe you were partially at fault, don’t hesitate to reach out and Call Paul.

The Paul Wilkinson Law Firm will provide a free consultation, assess your case, and help you determine the best course of action. If your case is eligible, we’ll see that you receive the financial compensation that you deserve.

WHAT EXACTLY IS A PERSONAL INJURY ATTORNEY?

A personal injury attorney is a lawyer who provides legal services for those who have suffered injury or harm from the negligence of another person or entity (such as a business or government agency). Personal injury lawyers work in the field of law known as tort law.

A tort is an act that causes injury or harm that amounts to a civil wrong where the responsible party can be held liable. Examples include truck accidents, medical malpractice, product liability issues, and much more.

WHAT TYPES OF CASES WILL A PERSONAL INJURY ATTORNEY HANDLE?

Tort law covers a wide range of legal cases, so it can be difficult in some situations to know if a personal injury lawyer is right for you. If you’re unsure, reach out to a personal injury attorney and ask if they have experience working on cases similar to yours.

Here are the most common types of tort law cases that personal injury lawyers handle:

· Car accidents.
· Truck accidents.
· Texting while driving accidents.
· Motorcycle accidents.
· Bicycle accidents.
· Pedestrian accidents.
· Bad faith insurance.
· Product liability.
· Drunk driving accidents.
· Uninsured motorist.
· Head and neck injuries.
· Spinal cord and back injuries.

IS IT WORTH IT TO HIRE A PERSONAL INJURY ATTORNEY?

While each case is individual, we believe that it’s always worth it to hire a personal injury attorney. Even if your case doesn’t go to trial, it makes a major difference to have a professional in your corner.

Most of us aren’t well-versed in legal processes and jargon—this is where the professionalism and experience of an attorney become essential. They can help you navigate your case, deal with insurance companies and other lawyers, and give you the best chance of receiving financial compensation.

Additionally, many personal injury attorneys work on contingency fees. This means that they take a percentage of the settlement as payment and only get paid if you win your case. Even if you choose not to go forward with a personal injury attorney, they can provide vital information to help you determine the best course of action.

WHAT DOES A PERSONAL INJURY LAWYER DO?

An experienced personal injury lawyer can make a vital difference in the success of your case—but what exactly do they do? Here’s a look at some of the advantages of having an experienced personal injury attorney working for you:

1. Assess your case.

The first thing a personal injury lawyer will do is assess your case. This will usually occur during an initial free consultation where the lawyer will determine if they’re a good fit for taking on your case. They’ll help you translate complex legal jargon and lay out your options for you.

2. Help you receive medical attention.

Since personal injury attorneys are experienced working with individuals involved in a range of personal injury cases, they understand the medical process and can help you find the right care. They may even be able to refer you to specific doctors or physical therapists that they’ve worked with and trust.

3. Gather information and evidence.

If you agree to work with a personal injury attorney, one of the first things they’ll do is gather information about your case and evidence on your behalf. This could include medical records, police reports, and physical evidence from the accident.

4. Deal with the insurance companies.

While insurance companies are obligated to honor your claims, they’re still for-profit companies, which means that they will try to reduce their payouts in any way that they can. Insurance companies have entire teams of experienced lawyers who are paid to do this very thing. Personal injury lawyers will negotiate with insurance companies on your behalf. For example, if you hire an attorney with a truck accident law firm, you won’t have to deal with the trucking company’s lawyers. If you don’t know whose insurance to use after an auto accident you can check out our complete guide.

5. Take your case to trial.

If a settlement can’t be reached, a personal injury lawyer will take your case to trial and fight for you in court. This is where it’s absolutely critical to have an experienced and skilled attorney on your side. Courtroom strategies, such as speaking before a judge and presenting evidence in a trial, should not be handled lightly.

HOW TO SELECT THE RIGHT PERSONAL INJURY ATTORNEY

Once you’ve decided that you need a personal injury attorney, the next question becomes: how do I pick the right one? There’s no easy answer to this question as the “right” personal injury lawyer will depend on varying factors, including the specifics of your case. However, there are certain things to look for when selecting the right personal injury attorney.

1. Experience.

Make sure that your personal injury attorney is not just experienced, but experienced taking on (and winning) cases similar to yours. Check their track record to see how often they win these cases and feel free to ask them how often they settle and how often they end up going to trial.

2. Professionalism.

Small details can reveal a lot about an attorney. How quickly do they respond? Do they treat you with respect? How does their office appear? Do their website and advertising present a professional and confident image? All of these details will reflect the professionalism of your attorney.

3. Time and resources.

What resources will this personal accident law firm be committing to your case? Will your personal injury attorney handle your case directly or hand it off to an associate? You should also ask how long these cases usually last. While they usually won’t be able to give you an exact date, they should be able to provide an estimate.

CONCLUSION – IS IT WORTH IT TO HIRE A PERSONAL INJURY ATTORNEY?

You should never have to face a personal injury accident alone. Juggling medical bills, insurance calls, and personal distress can be overwhelming for anyone—the last thing you need to do is add the stress of handling a legal case onto your plate. This is why it’s always worth it to hire a personal injury attorney.

These professionals will assess your case and help you understand your rights. Especially for complex cases, such as multi-car accidents or bad faith insurance, it can be challenging to know who is at fault and the appropriate next steps. A good personal injury attorney will communicate with you clearly and consistently and keep you updated on your case. While many personal injury cases are settled out of court, they should also be willing to defend your case if it ends up going to trial.

Finding the right personal injury attorney is essential for the success of your case. Make sure your personal injury lawyer has the right experience to help you win your case.

If you’re located in Colorado and have needed an experienced and professional personal injury attorney, contact the Paul Wilkinson Law Firm. In just a matter of minutes, we can give you a free consultation and help you understand your rights and determine if your case is eligible for financial compensation. For those in need of legal assistance, don’t wait to Call Paul.

How to Choose a Personal Injury Attorney

Following a personal injury accident, there will be countless thoughts and concerns running through your head. But don’t let these concerns prevent you from contacting a personal injury attorney. After you’ve received the proper medical care, this is one of the first calls you should make—and it could end up being the most important one.

In this blog, we walk you through how to choose a personal injury attorney. This is an important decision and will inevitably affect the outcome of your personal injury case. Choosing the right attorney should not be taken lightly, which is why we’re guiding you through some things to look for and specific questions you should ask. You want to ensure that you hire a personal injury lawyer with a proven track record, experience handling similar cases, communicates openly and frequently, and aren’t afraid to take your case to trial.

The Paul Wilkinson Law Firm is dedicated to defending the rights of anyone involved in a personal injury case. Whether you’re involved in a car accident, bicycle accident, wrongful death case, or any other type of personal injury, we’re here for you.

Even if you think you were partly at fault, don’t hesitate to give us a call to learn more about your specific case. Our team of personal injury attorneys will guide you through what you should do next and determine whether or not your case is entitled to legal compensation. To learn more about your rights and what to do next, it only takes a few minutes to Call Paul.

WHAT IS A PERSONAL INJURY ATTORNEY?

Before determining how to choose the right personal injury attorney, it’s helpful to first understand what exactly they do. A personal injury lawyer provides legal services to those who have been injured or harmed as the result of the negligence of another person or entity (such as a government agency or business). Personal injury attorneys are experienced in working on a wide range of cases; however, these lawyers primarily work in the field known as tort law.

WHAT IS TORT LAW?

Let’s break this down. According to the Cornell Law School, a tort is “an act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.” In this legal definition, an “injury” is an invasion of your rights while “harm” is understood as a loss suffered by the individual.

Tort law, then, aims to provide relief and legal compensation to those who have suffered injury or harm from a third party who could be deemed liable or legally responsible. There are many examples of personal injury cases, including car accidents, product liability, medical malpractice, or even wrongful death. While tort law does change from state to state, most courts use the Restatement of Torts as a legal guideline.

WHAT CASES DOES A PERSONAL INJURY ATTORNEY HANDLE?

In addition to the examples previously listed, there are many different types of cases that are commonly handled by personal injury attorneys. Some may specialize in certain types of cases like a car accident law firm while others may cover many areas. Here are some of the most common cases these lawyers will work on:

  • Car accidents.
  • Bicycle accidents.
  • Truck accidents.
  • Drunk driving accidents.
  • Medical malpractice.
  • Product liability.
  • Pedestrian accidents.
  • Motorcycle accidents.
  • Head and brain injury.
  • Back and spinal cord injury.
  • Bad faith insurance.
  • Texting while driving accidents.

While this covers some of the most common types of personal injury cases, it should be noted that this list is not comprehensive. Reach out to an experienced personal injury attorney to see if they can handle your specific case.

HOW TO CHOOSE A PERSONAL INJURY ATTORNEY

As a leading personal injury attorney in Denver, we know how confusing life can be in the aftermath of an accident. With medical bills and insurance calls, you may simply just wish for the whole incident to go away. But, regrettably, it isn’t that simple. Working with a personal injury attorney can not only help you manage medical bills and your insurance company, but they can also help you receive financial compensation for your case.

But how do you pick the right one? Like any other important decision, it’s crucial to first do your homework before committing to a personal injury attorney. Research the firm, their attorneys, and their case history. Do they commonly take on cases similar to yours? If so, what’s their success rate? You should also determine whether or not they are willing to defend your case in court. While many personal injury cases are settled out of court, you still want an attorney who is both willing and adequately experienced to fight for you in a trial.

Never rush into a decision and avoid those personal injury lawyers who guarantee results or make quick promises. Regardless of the details, no case is absolutely certain. Make sure you select a personal injury attorney with experience (especially on similar cases), professionalism, and who communicates clearly and consistently.

QUESTIONS YOU SHOULD ASK A PERSONAL INJURY LAWYER

There are certain questions you should ask a personal injury lawyer before having them formally take your case. Choosing the right attorney will save you time, resources, and help your case go as smoothly as possible. Here are some questions you should keep in mind when speaking with a personal injury attorney:

  1. What are your fees? (Most personal injury lawyers work on contingency fees, which means that they only get paid if you win your case).
  2. Do you have a history with personal injury cases similar to mine?
  3. How much time and how many resources will you dedicate to my case?
  4. Will you be personally handling my case? (Sometimes, personal injury lawyers will hand off cases to less experienced associates).
  5. How long does it usually take to resolve a case like mine?
  6. Will my case go to trial?
  7. What is your firm’s success rate going to trial?
  8. What is my case worth? (While your personal injury lawyer may not initially have an exact number, they should be able to provide a rough estimate).
  9. What is my personal role in this lawsuit?
  10. Can I speak to any of your previous clients?

These are just a few of the important questions you should ask your personal injury attorney in the preliminary phase of your case. A reputable personal injury lawyer will welcome these questions and strive for open and clear communication. If they’re unable to answer some of these questions, this may be an early red flag.

CONCLUSION – HOW TO CHOOSE A PERSONAL INJURY ATTORNEY

If you find yourself involved in an accident, even one that you may be partially at fault for, you shouldn’t hesitate to reach out to an experienced personal injury attorney. These professionals can help you assess your case, determine whether or not you’re eligible for financial compensation, and even help you receive the proper medical care.

Finding the right personal injury attorney is an important first step. Take your time to research the firm and the individual attorneys to ensure they have the experience and success on cases similar to your own.

If you’re in Colorado and you’re involved in a personal injury case, contact us at the Paul Wilkinson Law Firm today to schedule a free consultation. It takes just a few minutes to learn more about the options available for you and your case. Don’t wait to Call Paul and allow us to help you on the road to recovery.

When to Get an Attorney for a Car Accident

In the event of a car accident, it can be confusing to know exactly what to do next. Do I call 911? Do I need to file a police report? If there aren’t any major injuries or damages, do I have to call my insurance company? And of course—do I even need a car accident attorney?

In most cases, the answer to the last question is yes. Even if the car crash seems insignificant and the fault seems obvious, a car accident attorney can provide the knowledge, experience, and care to help you navigate the aftermath of the crash. If the situation warrants it, these professionals can even help you receive financial compensation.

In this blog, we’re taking a closer look at car accidents and when you should definitely consider calling a car accident attorney. We also help to clarify whether or not you can settle a car accident claim without a lawyer. Hopefully, you never find yourself in a car accident, but if you do, don’t hesitate to reach out and Call Paul  for more information.

Here at the Paul Wilkinson Law Firm, we’re dedicated to defending the rights of anyone involved in car accidents, truck accidents, bike accidents, and many other types of personal injury cases. Even if you believe you’re partially at fault, give us a call so we can help you understand your rights and whether or not you’re entitled to legal compensation.

MOST COMMON TYPES OF CAR ACCIDENTS

According to data accumulated by Driver Knowledge, there are roughly 6 million car accidents in the United States every year. These accidents result in more than 90 deaths each day and over 30 million injuries annually. Clearly, car accidents are a significant issue in this country and we believe it’s the responsibility of every driver to work to minimize these numbers. We can all do our part to make the roads a safer place.

While every auto accident is unique, there are several common types of accidents. By becoming aware of these common types, this additional awareness could cut down on the overall number of car accidents. Here’s a quick look at the most common types of car accidents:

1. Rear-end collisions.

A rear-end crash is the most common type of car accident. Accounting for almost a third of all car accidents, these occur when one driver collides into the rear of a car in front of them. On a busy highway, these collisions can quickly pile up into multi-car accidents and cause significant damages and injuries.

2. Side-impact collisions.

A “T-bone” collision occurs when one vehicle hits the side of another. These are especially common at intersections when drivers are distracted and fail to stop at a light or stop sign. These crashes may also occur when drivers are merging into other lanes.

3. Head-on collisions.

Head-on collisions are some of the most dangerous types of auto accidents. According to the Insurance Institute for Highway Safety (IIHS), these collisions cause the most occupant deaths in car crashes in the United States.

4. Single-car collisions.

A car accident doesn’t always require two cars. If a driver loses control of their car, often due to distracted or impaired driving, they can quickly run off the road and collide with a tree, lamppost, guard rail, or another object. These accidents are known as single-car collisions.

CAN YOU SETTLE A CAR ACCIDENT CLAIM WITHOUT A LAWYER?

In most cases, you definitely want to work with a car accident law firm in the event of a crash. These professionals can offer guidance, support, recommend medical care, and if necessary, fight for your case in court.

However, there may be some instances when a car accident lawyer is not necessary. If there is minimal to no damage to the vehicles and no one is hurt, you can most likely settle the incident through your insurance companies. If you’re at fault for the accident, your insurance premium may go up. For very minor car accidents, this could be the only consequence.

But in most cases, you do want to reach out to a car accident attorney. Even if your car accident seems like an “open and shut case,” dealing with insurance companies can be challenging because they usually try to avoid paying out the full compensation on a claim. Remember: at the end of the day, insurance companies are still for-profit companies.

WHEN TO GET AN ATTORNEY FOR A CAR ACCIDENT

So, when exactly should you get an attorney for a car accident? We believe it’s never a bad idea to work with an auto accident attorney since they can utilize their knowledge and experience to help you understand your individual case. If needed, they’ll defend your case in court and can help you receive financial compensation. Here are some situations where you should definitely be working with a trusted attorney:

1. Death and significant injuries.

In the event of a crash that causes death or significant injuries, you should always work with a car accident lawyer. These crashes will commonly lead to criminal charges that should not be taken lightly.

2. Issues of fault.

The issue of fault may not always be crystal clear. In many cases, each driver may deny fault and it will come down to the police report or any eyewitnesses. Some states have shared fault laws that divvy up the percentage of fault between both drivers, which impacts your eligibility for legal compensation.

3. Construction zones.

If a car accident occurs in a construction zone, multiple parties are now involved and the fines and penalties become more excessive. An auto accident attorney will help you understand your rights in these unique situations.

4. Additional parties.

While the majority of car accidents are between two vehicles, multi-car crashes or those involving pedestrians or private businesses (like trucking companies) can become much more complex. When additional parties become involved, you’ll want an experienced car accident attorney on your side to help you navigate the legal logistics.

5. Bad faith insurance.

If an insurance company fails to pay out on a valid claim, doesn’t honor the entire claim, or otherwise makes the process too complex, lengthy, or convoluted, this is called bad faith insurance. A car accident attorney can make sure that your insurance company holds up its end of the bargain by honoring any valid claims.

WHAT TO DO AFTER A CAR ACCIDENT

In addition to reaching out to a car accident attorney, there are other important steps you should take following a car accident. These steps not only ensure your safety and health, but can be critical to your case if it goes to trial. After a car accident, regardless of severity, you should always do the following:

  • Receive medical attention as needed.
  • Call the police.
  • Obtain an official police report.
  • Gather photographic evidence from the scene of the accident.
  • Exchange insurance information with other parties.
  • Contact your insurance company to report the accident.
  • Contact a car accident attorney to learn more about your rights.

CONCLUSION – WHEN TO GET AN ATTORNEY FOR A CAR ACCIDENT

Car accidents are a frightening experience for anyone. Even in the event of a minor accident, it can be confusing to know what actions to take. Always contact the police to receive an official police report and seek medical attention immediately. Once you’re safe, contact a professional car accident attorney. Even if you believe you’re at fault or your case never goes to trial, these lawyers can help you understand your legal rights, assess your case, and determine what to do next.

After a personal injury accident of any kind, the last thing you should be worrying about is paying for medical bills, recovering wages, or the long and drawn-out process of fighting your case in the courts. Since our goal is based on getting you the compensation you deserve, the Paul Wilkinson Law Firm operates strictly on contingency fees. This means that our firm only gets paid if you do.

Contact us at the Paul Wilkinson Law Firm today to schedule a free consultation to see the options available for you and your case. Allow us the privilege to be the ones to help you on the road to recovery.

The Difference Between Buzzed and Drunk Driving Accidents

Drunk driving is one of the leading causes of car accidents and traffic fatalities. In fact, someone dies in a drunk driving accident in the United States every fifty minutes—totaling out to over 10,000 deaths in a single year. What makes these fatalities even more regrettable is that drunk driving accidents, compared to accidents caused by weather or your car malfunctioning, are easily preventable.

If you ever find yourself involved in a drunk driving accident, it’s important to reach out to an experienced drunk driving accident attorney. When you’re not sure where to turn, don’t hesitate to Call Paul. Here at the Paul Wilkinson Law Firm, we’re dedicated to defending the rights of anyone involved in personal injury cases, including car accidents, drunk driving accidents, and truck accidents.

Even if you believe you’re partially at fault, give us a call. Our team of lawyers will educate you on the specifics of your case, assess the situation, and determine whether or not your case is entitled to any form of legal compensation. Our experience and expertise in personal injury cases is unmatched.

We hope that you will never be involved in a drunk driving accident. To reduce the number of these accidents, we believe that education is an important tool. In this blog, we’re dissecting the key differences between buzzed driving and drunk driving and demonstrating how even a small amount of alcohol in your system can impair your ability to safely drive. We then review alternatives to driving under the influence that everyone should know. Even if you’ve only had one or two drinks, it’s never worth it to get behind the wheel.

WHAT IS DRUNK DRIVING?

Whenever someone operates a motor vehicle and their blood alcohol content (BAC) is above the legal limit, this is considered drunk driving. In every state in the US, the legal limit is 0.08 percent. If your BAC is 0.10, for example, this means that your blood supply contains one part alcohol for every 1,000 parts of blood.

Everyone processes alcohol differently and your BAC depends on a variety of factors. The number of drinks consumed your body weight, enzyme production, and the amount of time in which the drinks were consumed all impact your BAC. Despite the myths that would claim otherwise, there is no quick fix for sobering up. Simply chugging coffee or water won’t make an impact on your BAC. Your body needs time to naturally process the alcohol—no matter how many drinks you’ve had.

WHAT IS BUZZED DRIVING?

While most of us are familiar with the risks associated with drunk driving, it’s common for people to wonder: what is buzzed driving? Buzzed driving refers to any time that someone is operating their vehicle with a blood alcohol content (BAC) between 0.01 and 0.07 percent. Thus, while they may be below the legal BAC limit, they are still driving under the influence and may not be able to safely operate their vehicle.

Compared to drunk driving, buzzed driving is a bit more ambiguous in legal terms. Laws pertaining to buzzed driving differ from state to state and may have different ramifications. In many states, you can still receive a DUI for buzzed driving if you are pulled over by a police officer.

Some of these buzzed driving charges can be pleaded to a lesser charge known as a “wet reckless” charge. In these cases, you’re pleading guilty to reckless driving instead of a DUI or DWAI, which is a lesser charge. However, in most cases, the individual will still be required to complete an alcohol education course.

WHAT’S THE DIFFERENCE BETWEEN BUZZED DRIVING AND DRUNK DRIVING ACCIDENT?

Technically, the difference between buzzed driving and drunk driving is the driver’s blood alcohol content. While driving with a BAC of 0.01 to 0.07 is considered buzzed driving, a BAC of 0.08 crosses the threshold into drunk driving.

Additional differences lie within the legal repercussions. Each state has specific laws concerning drunk driving and buzzed driving, but overall, drunk driving laws are more consistent. Generally, if you’re arrested while drunk driving, you’ll receive a DUI, which can come with heavy fines, loss of driving privileges, or even jail time. Buzzed drivers can still get a DUI, but these can be pleaded down in some cases to a “wet reckless” charge.

HOW DOES ALCOHOL AFFECT YOUR DRIVING ABILITY?

While—legally—buzzed driving is different than drunk driving, buzzed driving is still just as dangerous. Any amount of alcohol in your system can impair your ability to see the road, make quick decisions, and safely operate your vehicle. In fact, the National Highway Traffic Safety Administration (NHTSA), created a chart that details the predictable effects on your driving as your BAC increases. Here’s a brief glance at these effects:

  • 0.02 BAC – reduced visual functioning and ability to multitask
  • 0.05 BAC – difficulty steering and an overall reduction in your ability to concentrate on the road and track other moving objects.
  • 0.08 BAC – difficulty controlling speed, processing visual information, and reduced concentration and short-term memory.
  • 0.10 BAC – impaired ability to brake and maintain lane control.
  • 0.15 BAC – impaired ability to process auditory and visual information and control your vehicle.

As you can see, any amount of alcohol in your system impacts your ability to safely and effectively operate your vehicle. It’s simply never worth it to get behind the wheel when you’ve been drinking—even if it’s just a few and you think you feel fine. In many cases, it takes time to feel the full effects of alcohol, which means that you could become even more impaired while you’re driving.

ALTERNATIVES TO BUZZED AND DRUNK DRIVING

There are many different alternatives to operating your vehicle while under the influence of alcohol. Even if you’ve just had a few, it simply isn’t worth the risk. Here are a few options for getting home safely if you’ve been out drinking:

  • Designate a sober driver before going out.
  • Ridesharing services (Uber and Lyft).
  • Call a taxi.
  • Ask the host if you can stay or if they know any sober drivers.
  • Get a hotel room (this may seem costly at the time, but it’s still much cheaper than the fines associated with a DUI).

CONCLUSION – THE DIFFERENCE BETWEEN BUZZED AND DRUNK DRIVING ACCIDENTS

In the eyes of the law, buzzed driving and drunk driving may be different, but they still lead to the same result. No matter the number of drinks, alcohol still impairs your ability to control your vehicle, slows your reaction time, and makes it harder for you to respond to changing road conditions. If found guilty of buzzed or drunk driving, a driver may face heavy fines, loss of their license, or even jail time. It’s never worth the risk to drive under the influence.

However, if you find yourself involved in a buzzed driving or drunk driving accident, you should reach out to an experienced car injury attorney. Following a car accident, the last thing you should be worrying about is paying for medical bills, recovering wages, or the long process of fighting your case in court. We operate on contingency fees, which means that we only get paid if you win your case.

Contact us at the Paul Wilkinson Law Firm to schedule a free consultation. We’ll assess your individual case, help you understand your legal options, and get you started on the road to recovery.

What to Ask a Truck Accident Lawyer

Following a truck accident, it’s expected to be confused, scared, and unsure of what to do next. For most people, this includes a series of phone calls. Call 911. Call the police to receive a police report. Call your family. But what should you do next? We recommend you don’t forget to make one more important call and reach out to an experienced truck accident lawyer.

Truck accident lawyers can help address most legal issues related to truck accidents. In some cases, you may be entitled to substantial compensation or other legal remedies. In this blog, we take a closer look at the important questions you should ask your truck accident lawyer. Before committing to a firm, you want to make sure they have the knowledge, compassion, and experience to help you win your case. It’s also important to find a truck accident lawyer who, if necessary, isn’t afraid to take your case to court.

If you or a loved one are ever involved in a truck accident, don’t hesitate to call Paul. Here at the Paul Wilkinson Law Firm, we have years of experience in taking on (and winning) truck accident cases. Even if you believe that you might be partially at fault, don’t hesitate to give us a call. Our team of experienced truck accident attorneys will educate you on what to do next and show you your options and determine whether or not your case is entitled to any form of legal compensation.

DO YOU HAVE EXPERIENCE WITH TRUCK ACCIDENTS?

Before selecting a personal injury attorney, you need to make sure they have ample experience with these types of accidents. Do your homework to see what types of cases the firm usually represents (not to mention how successful they are). An experienced truck accident law firm will have years of experience and should be able to easily discuss their qualifications with you before ever asking you for a commitment. Transparency is a key quality you should be looking for in a personal injury attorney you can trust.

HOW WOULD YOU ASSESS MY TRUCK ACCIDENT CASE?

You should ask your truck accident attorney for a brief assessment of your individual case. While a complete assessment will take time, they should be able to provide a quick review that answers some of these questions: what kind of financial reward could I receive? How often do you settle or take these kinds of cases to court? How long would this type of case normally take? Is arbitration an option? This type of initial education is an important step for developing a strong relationship with your attorney.

HOW WILL YOU MANAGE MY TRUCK ACCIDENT CASE?

Depending on your case, it could end up taking weeks, months, or possibly even years to reach a settlement. It’s important to know how your truck accident lawyer will manage your case over time. Will they be handling your case personally or will another attorney manage it? Who will be your primary point of contact? You should also discuss how they handle progress reports and updates, which become especially critical for longer cases. Ensuring regular contact is important for any attorney-client relationship.

WILL YOU REPRESENT ME IN COURT?

In many cases, an experienced truck accident attorney will be able to settle your case out of court. Most trucking companies will prefer to offer an out of court settlement to avoid a lengthy court battle, but this isn’t always the case. If the trucking company refuses to offer you fair compensation, you’ll need a personal injury attorney who has experience in litigation and isn’t afraid to face these trucking companies in court.

MOST COMMON CAUSES OF TRUCK ACCIDENTS

Each large truck accident is unique; however, there are some common factors that lead to the majority of these collisions. Here is a quick review of some of the most common causes of truck accidents:

1. Driver fatigue.

Driver fatigue is the most common cause of truck accidents. Truckers work notoriously long hours traveling over long distances, which is the perfect recipe for developing fatigue behind the wheel. In fact, most truckers are on the road for about 70 hours per week. Fatigue can dramatically slow a driver’s reaction time and decision-making ability.

2. Driving under the influence.

Driving under the influence of drugs, alcohol, or prescription medication is dangerous for any vehicle. But this is especially hazardous when you factor in the sheer size of a large truck. Regrettably, driving under the influence is a common cause of truck accidents. Some drivers take stimulants to stay awake on the road; however, these drugs still impair your ability to safely operate a vehicle.

3. Speeding.

Timing is everything for truck drivers. Since they’re required to meet certain quotas and hit a certain number of miles each day, many may be tempted to overtake small vehicles and speed down the highway. This reckless behavior is a leading cause of truck accidents.

4. Distracted driving.

Distracted driving is one of the leading causes of auto accidents across the country. Whether texting while driving, talking on the phone, eating a meal, or simply daydreaming, distracted driving can quickly lead to a collision when you take your full attention away from the road.

5. Poor maintenance.

Truckers and trucking companies are required to maintain their trucks and meet specific safety regulations. However, this doesn’t always happen. Whether looking to save on time or costs, proper maintenance may be overlooked or not completed to meet regulations. Even the simplest malfunction (like a flat tire) can have major repercussions while speeding down a highway with a full load.

Some truck accidents are inevitable, but by taking preemptive actions to prevent these risk factors, you can significantly reduce the likelihood of experiencing a truck accident.

TRUCK ACCIDENT STATISTICS

Despite professional training and safety precautions, truck accidents remain an issue on highways across the country. In fact, according to the Insurance Institute for Highway Safety (IIHS), over 4,000 people died in large truck crashes in 2018. It’s never possible to fully account for the actions of other drivers, which means you should always remain focused and aware while behind the wheel.

To gain better insight into the prominence of these types of crashes, here are some important statistics on truck accidents in 2018:

  • 96 percent of vehicle occupants killed in collisions between large trucks and cars were occupants of the car.
  • 11 percent of all motor vehicle deaths were from large truck accidents.
  • 74 percent of large truck accident deaths involved tractor-trailers.
  • Roughly a third of large truck accident deaths occurred on major highways.

Clearly, truck accidents are something that we all need to take seriously.

CONCLUSION – WHAT TO ASK A TRUCK ACCIDENT LAWYER

Selecting the right truck accident attorney is an important decision. You want to ensure you’re choosing someone with knowledge, dedication, and the experience to successfully defend your legal rights. You also want a truck accident lawyer who will be compassionate and stick by your side every step of the way.

The Paul Wilkinson Law Firm has years of experience in a variety of personal injury cases, including truck accidents. We know the ins and outs of dealing with trucking companies and insurance companies, ensuring you’ll receive the complete financial compensation that you’re entitled to. If necessary, we never shy away from defending your case in court. Additionally, our firm operates strictly on contingency fees, which means that we only get paid if you win.

Contact us at the Paul Wilkinson Law Firm today to schedule a free consultation. We can help you understand your rights and determine the best course of action for your unique case. Give us a call or email and let us help you begin your journey on the road to recovery.

What to Do After a Bike Accident

According to Statista, over 47 million people hit the road as bicyclists in the United States. Bicycling has grown over recent years as an enjoyable hobby, type of exercise, and effective form of transportation. Bicycling is good for your health, your wallet, the environment (and it’s simply fun)—so it should come as no surprise that this activity is so popular.

However, riding your bicycle does not come without risks. In 2015 alone, there were over 45,000 accidents between bicyclists and motorists, and regrettably, hundreds of these proved fatal. Bicyclists are especially vulnerable on the road because, even with a helmet, they have very little protection against motor vehicles traveling several times faster than their bicycles. Because of the inherent risks, bicyclists should practice safe riding habits and obey all traffic signs and laws.

However, even the safest bicyclists may still be involved in an accident due to no fault of their own. Many motorists may fail to see bicyclists or give them the appropriate amount of space on the road. So, if you are involved in a bike accident, what should you do?

After ensuring that you’re safe and you’ve called 911, you shouldn’t wait to reach out to a professional bike accident attorney. When in doubt, Call Paul. The Paul Wilkinson Law Firm is dedicated to fighting for the rights of those involved in bike accidents, car accidents, truck accidents, and many other types of personal injury cases. Even if you believe you may be partially at fault, we’re here to show you your options and educate you on the steps to take after an auto accident. We can help you find medical assistance, navigate your insurance company, and determine if your case is entitled to compensation.

WHAT TO DO AFTER A BIKE ACCIDENT

1. Get to safety.

This may seem obvious, but the first thing you should do following a bike accident is to get to safety. Depending on the severity of the accident, this may be difficult. But if you’re able, you should move yourself and your bicycle to safety. Clearing the road will help to make sure that another crash doesn’t occur.

2. Call 911.

Once the scene is safe, call 911. Paramedics will respond to the scene and provide any necessary medical attention. Additionally, police will arrive to ensure everyone’s safety and to file an official police report. Even if you believe you may be at fault, you should never hesitate to call the police.

3. Exchange information.

While waiting for the police or paramedics, use this as an opportunity to exchange pertinent information with anyone else involved in the accident. You should exchange insurance and contact information, but don’t feel pressured to share more information than necessary.

4. Obtain a police report.

This is an important step. When the police arrive, they’ll speak with you and anyone else involved in the accident. They may even speak to any eyewitnesses. They will then file an official police report. Receiving a copy of this report may be a critical component of your court case. When determining fault, the court sees the police report as one of the most reliable and objective pieces of evidence.

5. Collect evidence.

In addition to the police report, you should gather as much evidence as possible from the scene of the accident. If in the future, you intend to pursue legal action, this evidence will be critical for your case.

6. Seek medical attention.

If you suffered injuries from your bicycle accident that require immediate medical attention, you should make this your top priority. Regardless of police reports and evidence, your health is the most important thing to consider following an accident.

7. Call your insurance.

Notify your insurance about the accident. However, try to avoid agreeing to anything final before having the chance to collect research and reach out to a professional bike accident attorney.

8. Avoid any negotiations.

Whether with your insurance company or the motorist, you should never enter into negotiations (or accept any agreement) before you fully understand the situation and your rights.

9. Call a bike accident attorney.

After you’ve spoken with the police and your insurance company, it’s time to reach out to a professional bicycle accident attorney. Even if you don’t plan to pursue legal action or believe you were partially at fault, a Denver bicycle accident attorney can provide an invaluable asset: information.

An attorney specializing in this type of personal injury case can educate you on your options and help you determine the best path forward. Many will even work with you to help you access any necessary medical treatment. Additionally, if your case warrants it, a bike accident attorney will ensure you receive full and fair compensation for the accident.

STATISTICS ON BIKE ACCIDENTS

In 2018 alone, according to the National Highway Traffic Safety Administration (NHTSA), over 800 bicyclists were killed in traffic accidents in the United States. Data also indicates that while bicyclists’ deaths have decreased since the 1970s, they have increased by nearly 40 percent since 2010. Experts also believe that as more people see the benefits of bicycling, including saving on gas, improving your health, and cutting down on harmful emissions, these numbers may continue to increase.

To make our roads safer, researchers, engineers, and politicians use data and statistics to better understand bicycle accidents to ultimately make our roads safer. Here’s a look at some important bike accident statistics to help keep you safer on the road—as both a bicyclist and motorist.

    • Annually, 2 percent of deaths caused by motor vehicles are bicyclists.
    • Child bicyclist deaths have declined, but deaths for bicyclists 20 and up have tripled since 1975.
    • More men die in bicycle accidents than women.
    • Florida, California, and Texas report the most bicycle accidents.
    • 75 percent of bicyclist deaths occur in urban areas.
    • Bicyclist deaths occur most often during the hours of 6 and 9 PM.

HOW TO AVOID BICYCLE ACCIDENTS

When taking your bike out on the road (even if it’s just around the block) safety should be your first priority. Motorists and bicyclists, in addition to pedestrians, have a shared responsibility to keep our roads safe. Here are a few practical, common tips on how you can avoid bicycle accidents:

    • Keep up with your bike maintenance.
    • Wear bright, reflective clothing (even during the day).
    • Obey all traffic signs, laws, and regulations.
    • Tuck your shoelaces in your pants or socks so they don’t get caught in your chain.
    • Ride with the flow of traffic.
    • Always assume that drivers don’t see you.
    • Avoid listening to music or using your phone while riding.

CONCLUSION – WHAT TO DO AFTER A BIKE ACCIDENT

We hope you never find yourself or a loved one in a bicycle accident; however, you should be prepared and know what to do if one does occur. Receive the appropriate medical attention, receive an official police report, and gather as much evidence from the scene as possible. While you may be scared after a bicycle accident, these steps could prove critically important if you pursue legal action.

If you or a loved one is involved in a bike accident, you shouldn’t be worried about how you’re going to pay for your medical bills, recoup lost wages, or fight your case in court. Because our primary concern is getting you the compensation you deserve, our law firm operates on contingency fees, which means we only get paid if you win. Call the Paul Wilkinson Law Firm today and get a free consultation to see what options are available for you and your case.

Common Causes of Car Accidents

Although we do everything we can to prevent them, car accidents are a common and dangerous occurrence on roads all across the country. Even the safest drivers can’t be in total control when you’re unable to predict the actions of a reckless driver. In fact, on average, there are over 6 million car crashes in the United States every year.

And regrettably, according to the Association for Safe International Road Travel, over a million people lose their lives each year to auto accidents all over the world.

These statistics show that car accidents are a global public health crisis. However, addressing this crisis is challenging, in part, because of the many different causes of car accidents. Whether on a busy highway, single-lane road, or rural dirt road, car accidents can occur anywhere and at any time. Because of their unpredictability, it’s critical to be cautious and aware whenever you’re behind the wheel.

If you are involved in a car accident, don’t hesitate to Call Paul. At the Paul Wilkinson Law Firm, we fight for the rights of those involved in car accidents of any kind. Even if you believe you may be partially at fault, we’re here to show you your options and educate you on the steps to take after an auto accident. We can help you find medical assistance, navigate your insurance company, and determine if you’re entitled to compensation.

DRIVING UNDER THE INFLUENCE

Driving under the influence of alcohol or drugs is one of the most common causes of car accidents. No one should sit behind the wheel after they’ve been drinking or using drugs—even if they’re prescription drugs. Driving after drinking, even if it’s just one or two (often referred to as buzzed driving) is never worth the risk of a DUI charge (which can be a felony in some cases) or injuring yourself or another motorist or pedestrian.

According to the National Highway Traffic Safety Administration (NHTSA), 30 lives are lost to drunk driving every day in the United States—that’s one person roughly every fifty minutes. What makes these drunk driving accidents even more tragic is how they are so easily prevented. In the age of ride-sharing services, such as Uber and Lyft, a ride home has never been more accessible (not to mention the classic option of calling a taxi).

If a friend has been drinking and plans to drive, help them find another way home—it could save their life. As a last resort, consider a room at a nearby hotel or motel, which we guarantee will still be cheaper than a DUI charge.

If you or a loved one has been injured by a drunk driver, contact our Denver Drunk Driving Accident Attorneys for a free case evaluation.

RECKLESS DRIVING

Reckless driving takes many forms, but at its core, it refers to someone operating a vehicle in such a way that puts other vehicles, people, and property, in harm’s way. Reckless driving can be intentional or unintentional and still have the same impact. Operating a vehicle, no matter where you are, is a real responsibility and should always be treated as such.

The exact specifications for reckless driving vary by state. Some states may also consider a driver’s mental condition for these cases, and therefore, driving under the influence could fall under this category. Common examples of reckless driving include failing to obey traffic signs or signals, swerving into traffic, tailgating, speeding, and racing other vehicles.

DISTRACTED DRIVING

While this infraction may seem harmless compared to drunk or reckless driving, distracted driving is one of the leading causes of car accidents. Taking your eyes off the road, even for just a few seconds, can lead to crashes with other vehicles or pedestrians. In 2018, distracted driving claimed over 2,800 lives in the United States.

Additionally, these types of wrecks are becoming even more prevalent due to our infatuation with cell phones. Texting while driving, for example, has become a common cause of car crashes, especially for teens and young drivers. Compared to answering a call or changing the radio station, reading and responding to a text message takes your focus away from the road for an extended period of time. No matter how urgent a message might seem, trust us—it can always wait. If the urge is too strong, some apps can prevent you from texting while driving.

WEATHER CONDITIONS

Unsafe and hazardous road conditions cause many auto accidents. In fact, according to the US Department of Transportation, approximately 21 percent of car crashes are weather-related. This percentage of crashes includes those occurring in rain, snow, sleet, ice, or slick pavement. Of these weather conditions, most crashes (almost 50 percent) occur on wet pavement during rainfall. Not only does wet pavement make it more difficult to stop, but rainfall also makes it much more difficult to see the road and other vehicles.

If possible, try to avoid driving during hazardous conditions, such as rain, sleet, or snowstorms. If you’re on a long road trip, stay up to date on local weather conditions and plan accordingly. Of course, as we all know, weather conditions can change on a dime. If you find yourself in hazardous conditions, consider pulling over to a safe shoulder of the road until the conditions pass. If you must keep driving, stay extra cautious and slow your speed.

SPEEDING

Most of us are guilty of this infraction at some point in our years of driving. Whether you’re late for work, excited to reach your destination, or not paying attention to your speedometer, speeding is a common occurrence on highways, two-lanes, and single-lane roads.

At times, speeding may seem harmless, but this activity is one of the most common causes of car accidents. Year over year, speeding is the cause of roughly a third of auto accidents in the United States. In 2017, speeding was the cause of a quarter of all traffic fatalities. Thus, this driving behavior should not be taken lightly.

What makes speeding so dangerous is that it’s difficult to gauge how fast you’re really going inside of a moving vehicle. Even once you hit the brakes, the momentum of your car prevents a quick and immediate stop. A car traveling 60 miles-per-hour, for example, requires over 300 feet of space before coming to a stop. That’s the length of driving across an entire football field. No matter where you’re driving, be aware of the posted speed limits–they’re there for a reason. Using cruise control on your vehicle (if it’s available) is a helpful method for keeping a steady speed.

HOW TO PREVENT CAR ACCIDENTS

You can never totally predict the actions of another driver; however, there are certain steps you can take to keeping yourself safe on the road. Consider these tips the next time you get behind the wheel:

· Keep both hands on the steering wheel.
· Avoid tailgating.
· Pull into traffic slowly.
· Scan the road ahead.
· Use a GPS system instead of your phone.
· Keep up with your car’s maintenance.

CONCLUSION – COMMON CAUSES OF CAR ACCIDENTS

In the end, we hope you’ll never actually need the services of a Denver car accident attorney. However, even the safest drivers can’t always be accountable for other drivers’ reckless and unpredictable actions. Paul Wilkinson Law group has a team of professional lawyers who cares about ensuring the right of motorists involved in auto accidents—no matter the cause.

If you or a loved one is involved in a car accident, you shouldn’t be worried about how you’re going to pay for your medical bills, recoup lost wages, or fight your case in court… Because our primary concern is getting you the compensation you deserve, our law firm operates on contingency fees, which means we only get paid if you win. Contact us today to schedule a free consultation to see what options are available for you and your case.

What is Bad Faith Insurance?

Merriam Webster defines bad faith as a lack of honesty when dealing with other people. In the context of insurance, it’s not much different. Bad faith attorneys protect you from insurance companies lying to you about your claims.
It’s easy to deal with people who lie to us in our personal lives. We stop talking to them and cut them out of our lives. But holding insurance companies accountable is a little more complicated. These companies have ample financial resources, negotiating power, and they are experts at voiding liability claims
This article discusses bad faith insurance, the different types of bad faith insurance claims, and the challenges of filing a claim. It also discusses how to find the right bad faith insurance attorneys if you suspect you’re being victimized.
Your insurance companies have a duty of good faith to their policyholders. If insurance companies aren’t holding up their end of the bargain, contact us to schedule a free legal consultation.

Understanding Bad Faith Insurance

Insurance companies have duties to uphold for their members. You pay their premiums expecting that insurance companies maintain their policy terms and pay the claims covered on your policy. Bad faith insurance results from an insurance company neglecting its responsibility to its policyholders.
Bad faith lawsuits don’t pertain to a specific type of insurance. All kinds of insurance companies act in bad faith. Companies may manipulate policy language and records, avoid paying claims for unjustified lengths or make unnecessary demands for proof of loss. They can also conduct a negligent investigation of the claim or use abusive tactics to force claim withdrawal.
However, merely having a disagreement with an insurance company over a perceived slight won’t stand in a courtroom. You have to clearly show insurance companies don’t have sufficient enough evidence to refuse your claim.

Insurance bad faith attorney Denver can be the difference between getting the compensation you deserve and walking away empty-handed.

The Most Common Examples of Bad Faith Insurance:

The following examples are the most common examples of bad faith insurance in the United States.

  • The insurance company didn’t conduct a thorough investigation of your claim and refused to pay anyway.
  • The insurance company intentionally misinterprets or manipulates the data to disprove or reduce your claim.
  • The insurance company denies your claim without providing a reason.
    These examples demonstrate the tendency for companies to neglect their insurance contract. If you notice your company engages in these behaviors, you should consider filing a lawsuit.

First-Party Vs. Third-Party Bad Faith Insurance

There are two types of bad faith insurance claims: first-party and third-party. First-party insurance claims are those that policyholders bring against their insurance company for not covering their damages. In these cases, plaintiffs believe their insurance provider withholds payment on a claim they shouldn’t.

Third-party claims involve the policyholder, insurance company, and a third-party the insurance company refuses to accept liability for. The policyholder can sue the insurance company for not covering the third party’s damages.

Third-party cases typically involve flawed investigations on behalf of the insurance companies. The insurance company knowingly engages in deceptive actions throughout their investigation, and because of this deception, the policyholder is held liable.

Common-Law Bad Faith Insurance

There are two types of bad faith insurance laws: common-law and statutory claims. Common law refers to case law, and statutory law relates to claims that use statutes and regulations as their legal ground.

A United Policyholders Advocation and Action Program survey demonstrates how common law bad faith insurance laws vary from state to state. Some states describe bad faith as any claim denial that is “unreasonable or without proper cause.” Other states only assign liability to cases in which a denied claim is not “fairly debatable.” Furthermore, some states view bad faith insurance law as a breach of contract, while others view it as a tort case.

Though common law for bad faith insurance is still evolving, its roots lie in Comunale V. Traders General. Today, the prevailing common-law tort theory is that “the insurer owes its policyholder good faith and fair dealing.”
Generally, common-law bad faith insurance lawsuits must prove the following two points:

  • Valid Claim– The lawsuit must establish you had a valid insurance claim under your policy terms. You also have to prove your insurance provider denied your claim. Keep in mind that some states require you to send a final demand to your insurance provider before filing a suit.
  • Unreasonable Withholding– States’ definition of “unreasonable withholding” varies. For example, Wisconsin only issues liability in claims that insurance providers intentionally deny claims. In states such as this, negligence does not constitute bad faith.

Colorado Common-Law Bad Faith Insurance

In the 2018 court case, Shultz V. Geico Casualty Company established some standards for Colorado’s bad faith insurance law. For example, the Colorado supreme court decided that insurance companies cannot present evidence to the court after the incident. Insurance companies can only use the information they considered at the time of their decision to delay or deny a claim.

According to Travelers Ins. Co. v. Savio, (Colo. 1985), Colorado bad faith claims must establish the insurer acted unreasonably with knowledge of their behavior.
Statutory Bad Faith Insurance Claims
Statutory bad faith cases use state legislature laws as precedents. States create statutes to protect policyholders from dishonest and fraudulent actions. Unlike common-law claims, regulations set clear distinctions for what insurance companies can and cannot do regarding bad faith.
Common examples of statutory precedents courts find insurance providers liable for:

  • Insurance providers must give their policyholders a reasonable explanation for denying their claim or providing a compromise settlement.
  • Insurance providers’ negligence in regards to issuing a prompt, equitable settlement for claims when liability is clear.
  • Sub-standard investigations resulting in claim refusal.
  • Insurance providers’ failure to implement adequate investigation standards

Colorado Statutory Bad Faith Insurance.

Colorado has several statutes that are particularly favorable to policyholders. For example, Colorado limits insurance providers to information present at the time of their delay or refusal of a claim. This statute means insurance companies cannot hire expert litigators to cover up their mistakes or deception.

Common law claims require proof the insurer engaged in deliberate misconduct. The only relevant points in statutory law are whether insurers deny benefits without a reasonable explanation.

Whether it be common-law or statutory law, bad faith insurance law isn’t straightforward. Hiring a bad faith insurance attorney to handle your case puts you in the best position to win your claim.

Document Your Correspondence With Your Insurance Company

Insurance companies train their employees to avoid liability, so you might be unsure of whether you have a case or not.

If you’re unsure whether your insurance company is taking advantage of you, write down all your correspondence and requests. Demand you get all of their stances in writing as well. Many insurance adjusters see what they can get away with so long as they don’t have to write anything down. Their positions become more apparent when you force them to write them down.

Failure to get an insurance adjuster’s position in writing can have adverse outcomes down the road if you decide to sue. Without written proof, insurance companies can change their stances at-will, helping them avoid accountability.

Bad Faith Lawyers Who Fight for Integrity

Paul Wilkinson Law group has a team that cares about upholding the sanctity of the law. We hold dishonest insurance companies accountable for their promises and get people the compensation they deserve. You don’t deserve to be taken advantage of, and we can ensure you keep insurance companies honest.

Because bad faith insurance law is unpredictable, we operate on contingency fees, which means you only pay us if you win. Contact us today to schedule a free consultation to start your case in motion.

What Does a Personal Injury Lawyer Do?

Personal injuries cause more than physical pain. They cause emotional stress, fear, and they can drastically change your life. Personal injury lawyers help their clients financially recuperate medical bills and physically recover from injuries. They also guide you through the trying legal process and make sure you can get back to your everyday life.

Personal injury law is a specific variant of “Tort” law. Personal injury lawyers represent clients who allege a psychological or physical injury resulting from negligence or careless acts by other people, companies, entities, government agencies, or organizations.

Let’s take a closer look into what personal injury lawyers do and how they can help you put your injuries in the past.

What is Tort Law?

Most civil lawsuits that do not involve a contract will be decided by tort law. There are three types of personal injury tort law: intentional tort, negligence, and strict liability. An intentional tort is a form of deliberate wrongdoing, as in the case of assault and battery. But intentional torts are not always criminal and can be civil if the culprit commits transgressions against personal property or an individual’s well-being.

Negligence is by far the most common form of tort law. Everyone has a set of standards they need to follow when interacting with fellow human beings or groups, and negligence results when they don’t adhere to those standards. Negligence is unlike intentional tort because it is not deliberate, but rather, harm caused by oversight or a failure to provide a duty.

The final example of personal injury tort law is strict liability. Strict liability tort involves cases where there is no direct proof of either intentional or negligent wrongdoing. The most common type of strict liability tort involves defective product cases. In strict liability cases, the plaintiff only has to establish the product-in-question caused by their injury.

Personal Injury Lawyers Perform Complex Duties

Determining property damages is one thing, but monetizing damage to a human being is another. As Joseph Sindell says in his 1960 essay published in Case Western Reserve’s Law Journal, “It is considerably more difficult to evaluate the pain and suffering of a human being than an inanimate object. Attorneys attempting to gain injury compensation must understand the nature of the human-machine – a machine more perfect and complex than any yet designed by man.”

Paul Wilkinson Law Firm doesn’t reduce people to numbers. We make sure the legal system takes all of your pain into account.

When you’re healing, the last thing you want to deal with is trying to figure out how to respond to insurance companies and medical bills. You may also be worried about how you’re going to pay your lost income if you can’t work.

Personal injury lawyers relieve your stress by simplifying the legal process and dedicating themselves to your recovery and well-being. Throughout the case, investigation and discovery, negotiating with insurance companies, and if necessary, taking your case to trial, personal injury lawyers hold your hand to make the legal process as comfortable as possible.

How Can a Personal Accident Lawyer Help Me?

It’s common to think of personal accident attorneys helping you in the courtroom. However, the majority of their responsibilities are outside of the courtroom. The following section discusses those duties in detail.

Case Discovery and Investigation

Preparing the right settlement for your case depends heavily on the investigation and discovery phase. Personal injury lawyers investigate your case and compile evidence by hiring expert witnesses on your behalf.

Lawyers have different methods for conducting their investigation. Some hire other investigators, and some conduct the investigation themselves. Investigators interview witnesses, gather on-scene evidence, examine police and employer reports, and compile vehicle photos. If there were adverse conditions at the site where you sustained your injury, personal injury lawyers would also archive those.

If authorities did not document the accident with photo or video evidence, the investigator would travel to the accident site to do so. Some examples of evidence that authorities often overlook are skid marks and accident debris.

The investigation process also includes your medical bills and records. Your attorney will need access to your medical records and statements to build your case and hold the insurance company accountable. Because personal injury cases involve sensitive information such as your medical bills, you’ll want to hire an attorney with whom you feel comfortable.

The final part of the investigation process is attorneys collecting witness statements and performing depositions. Depositions are under-oath interviews with witnesses that strengthen your case. Without these statements, building your case is very difficult.

Correspondence With Insurance Companies

Dealing with insurance companies is the last thing you want to do after an accident. Regardless of your type of injury, be it an auto accident, premises fall, or on-the-job injury, insurance companies will want recorded statements. The flow of information in these interactions can undermine your claim.

There are a few ways personal injury attorneys protect your case from insurance company interference. Personal injury attorneys can refuse insurance companies’ interview requests by acting as an insurance attorney. They also provide valuable coaching for when you issue statements.

Detecting Product Flaws

Personal injury attorneys will do everything they can to uncover product flaws in strict liability cases. If a defective product caused your injury, attorneys research to find any prior lawsuits. Trying to obtain product testing reports is challenging if you’re not an attorney.

If a defective product injures you, the company or liable insurance agency may try to hide flaws by tampering with the product. For this reason, you must obtain testing on the defective product quickly. If you aren’t an attorney, it’s challenging to get such tests. Attorneys ensure an industry expert inspects the product in question right away.

Handling Financial Compensation

Personal injury attorneys take your financial compensation seriously. They ease your economic concerns by contacting your employer to discover lost wages and estimate your injury’s total damages.

Your settlement shouldn’t only account for initial damages. It should also account for future medical bills and lost income. Personal injury lawyers understand how to estimate those total costs accurately, protecting you from insurance companies minimizing your financial strain.

Explaining Your Rights

Personal injury laws vary from state, so having an expert explain them is crucial to getting the most out of your case. Colorado uses comparative negligence for accident and injury cases to determine your entitled compensation.

Comparative negligence assigns fault as a percentage. For example, if the court determines you’re 10% at fault for your accident or injury, you’re entitled to 90% of the total compensation. Having a personal injury attorney take your case ensures you only take the blame for what was your fault.

Guiding Legal Decisions

Good personal injury attorneys consult you through the legal process with your best interest in mind, giving you the control to make the decisions in your best interest. The most common guidance personal attorneys can offer is teaching you how to deal with insurance companies trying to pay as little as possible.

After an injury, you have every right to be upset. But anger, fear, sadness, and uncertainty cloud judgment skills. Personal injury lawyers serve as a calming influence so that you can make sound decisions with a level head.

Court Representation

The majority of cases settle outside of court, but if you go to trial, do you want the responsibility of defending yourself? Insurance companies can deny your claim, and in these cases, having a personal injury lawyer puts you in the best position to fight the case in civil court.

Hire a Personal Injury Attorney Who Cares About You

Litigation may not be rocket science, but it’s close. Having a trained professional who can compound evidence and navigate legal procedures gives you the best chance at securing the compensation you deserve.

The Paul Wilkinson Law Firm focuses on your continued well-being. We fight for your rights and ensure insurance companies don’t take advantage of you while you’re in recovery. By arming you with the right knowledge to understand the personal injury claims process, we put you in the best position to receive the settlement you deserve.

If you or a loved one were injured in an accident, reach out to our expert attorneys at our firm to set up a free initial case consultation where we will offer our honest assessment of your claim. Reach out to us via our Contact Page today to see the many ways we can help.

Do I Need an Attorney for an Auto Accident?

Following an auto accident, even one that wasn’t your fault, it can be confusing to know what to do next. If you or anyone else is injured, the first step should be clear—call 911. Then, once you’re safe, you should consider reaching out to a car accident law firm. Following an accident, an auto accident attorney can answer your questions and help you understand your rights, including if there’s any possibility of a claim or legal compensation.

No matter the size of the accident, you should contact an auto accident attorney. Even if you don’t end up having a case, a professional car accident attorney can answer questions and help you better assess the situation. They can even assist you in dealing with your insurance company, who may not always quickly or sufficiently honor your claim. When an insurance company refuses to honor a valid claim, it’s referred to as bad faith insurance, and a lawyer can help you receive compensation.

The Paul Wilkinson Law Firm is an experienced and professional Denver law firm that has won countless auto accident cases. We handle every aspect of your car accident claim so that you can focus on your health and wellbeing. In this blog, we walk you through the important steps to take following an auto accident. We then look into when exactly you need an auto accident attorney.

WHAT TO DO AFTER AN AUTO ACCIDENT

Following an auto accident, safety should be your first priority. Make sure that everyone involved in the accident, including the other vehicle, is safe. If there are any injuries at the scene, even minor ones, call 911 immediately. Then you should move the vehicles to a safe area, which can usually be the shoulder of the road or a nearby parking lot. Once you feel secure, follow these steps:

1. Call the Police

Even if you believe the accident was your fault, it’s essential to call the police to the scene of the accident. A police report is critical for obtaining a neutral, objective version of the accident. If there’s no police report, the incident can be reduced to two competing stories and it becomes much more challenging to develop an effective case. A police report is critical documentation of the accident.

2. Exchange Information

While you wait for the police, you should exchange information with the other driver. Basic contact and insurance information should be exchanged to ensure your insurance claims can be properly and quickly processed. Again, even if the accident was your fault, you need to attain this information. In addition to their insurance, you should also get basic contact information, like a cell number and email address.

While it’s important to exchange contact and insurance information with the other driver, there is some information you don’t want to exchange. No matter who was at fault, never admit fault or provide more information than is needed. Remain polite and respectful, but avoid apologizing or admitting fault—these words could come back to bite you in a future case.

3. Gather Evidence

After you receive the other driver’s information, you should gather as much evidence from the scene of the accident as possible. Take pictures of your car and any other vehicle or piece of property that was damaged. Take pictures from multiple angles and snap some wide-angle ones, as well, to serve as a context for the scene as a whole. Being able to recreate the scene through photography can be extremely beneficial in a case.

In addition to pictures, try to write down statements from any witnesses. Police may do this when they arrive, but you can also gather this evidence. Remember to also attain basic contact information from any key witnesses. The more evidence you have, the better case an auto accident attorney will be able to build for you.

4. Call Your Insurance

Following a car accident, you should call your insurance and begin filing a claim as soon as possible. Contacting your insurance company will get the ball rolling on processing your claim. Additionally, the sooner you make this important call, the less likely you are to lose any evidence or forget important details.

5. Call an Auto Accident Attorney

After you’ve filed your insurance claim, consider reaching out to an experienced auto accident attorney. Even if you’re not sure if you have a case or not (or believe you may be at fault), a car accident lawyer can answer questions and help you determine what to do next. These calls are free, quick, and could make a huge difference in your ability to receive fair compensation.

WHEN YOU NEED AN AUTO ACCIDENT ATTORNEY

But when exactly do you need an auto accident attorney? Shouldn’t your insurance company handle the rest? Sadly, this often isn’t the case. Even though an insurance agency’s primary purpose is to protect your health and property, it’s important to remember that these are still for-profit companies. Your insurance provider doesn’t make money by honoring claims, and at times, may act in bad faith to avoid completely fulfilling their end of a claim.

If you believe your insurance company is acting in bad faith (which can include failing to honor a valid claim, providing only partial payment, delaying payment, or ineffectively processing the payment), an attorney can help you fight back.

Additionally, there are many other instances where you will certainly need an auto accident attorney’s professional assistance and expertise. If there are any injuries or medical costs and you are not at fault, a car accident lawyer can ensure you are fully compensated for these damages. If you believe the fault is disputable or the police report does not accurately document the accident, an auto accident attorney can be of assistance.

STATISTICS ON AUTO ACCIDENTS

According to the Center for Disease Control and Prevention (CDC), 2.3 million people are injured in auto accidents in the United States. In 2017 alone, these accidents accounted for over 75 billion dollars in damages and medical care costs. Clearly, car accidents are a major issue in our country and worldwide. To better understand the scope of the issue, here are a few statistics on auto accidents.

In the United States, car accidents account for:

  • 6 million accidents every year.
  • 3 million injuries every year.
  • 2 million permanent injuries.
  • 90 deaths each day.
  • Teen drivers (16 to 19) are three times more likely to be in a car accident than an adult driver.
  • Texting while driving causes 1 out of 4 car accidents.

CONCLUSION – DO I NEED AN ATTORNEY FOR AN AUTO ACCIDENT?

We hope that you never find yourself involved in an auto accident of any size. However, auto accidents do occur—and if one happens to you—preparation and knowledge are essential to ensure your rights are protected. Getting a police report and filing an insurance claim are crucial steps, but that’s not enough for many cases. A professional auto accident lawyer can assess your case and determine whether or not you’re entitled to any form of compensation.

If you’ve been injured in a car accident, reach out to The Paul Wilkinson Law Firm today. We will investigate your claim and take care of all the details, including helping you obtain help for your injuries.

To schedule your free case consultation, reach out to us today (24/7) at 303-578-4524 or via our Contact page.

Whose Insurance Do You Use After an Auto Accident?

Most everyone has been in the unfortunate situation of standing outside their cars after a car accident and debating with a stranger about how one of you will have to pay for the damages. But when it comes down to the law, whose insurance do you use after an auto accident?

The answer mostly depends on determining who the at-fault driver is for the accident. Sometimes this process is cut and dry, and drivers may even be able to settle the dispute without involving their insurance companies. Additionally, some states have no-fault insurance laws that ensure both drivers are covered regardless of who’s at fault.

However, Colorado doesn’t have no-fault insurance laws, and many cases with more severe damages may necessitate the influence of litigators. If you’ve been involved in an auto accident, having a Denver car accident attorney on your side to help fight for your rights to compensation can improve your chances of payments for your damages. Call Paul today to see what damages you’re entitled to after being involved in an accident.

Using Your Insurance Provider

Collision coverage gives you the ability to make a claim on your own insurance policy after an accident. In this case, your insurance will pay for any damages your car incurs, minus the deductible.

After they issue recompense for your claim, your insurance company will likely issue a subrogation demand from the other party’s insurance. Subrogation is the process by which your insurance company reserves the right to recover its damages from third parties such as the other individual in the accident or their insurance company.

Once the other party’s insurance admits its policyholder was at fault, it will reimburse your insurance company and refund your deductible. Subrogation claims take anywhere from 3-9 months, and the process virtually eliminates all of your costs- as long as the other party is at fault.

Subrogation works the same way for personal injury protection (PIP) as it does for car damages. However, subrogation only works up to the limits for your PIP coverage.

Benefits to Using Your Insurance Provider After an Auto Accident

If you feel more confident in your insurance company than the other drivers, you should use your insurance provider. Using your insurance company can expedite the payment process so you can get your car repaired quickly and have assurance for your medical bill payments.

Your insurance company may be faster because it won’t have to determine fault to do so. If you decide to go through the other driver’s insurance company, they must establish that the accident was their policyholder’s fault, delaying the claims process.

If you have rental reimbursement on your insurance policy, you may also be able to get a rental car right away and get a timely refund for the rental car.

If you didn’t cause the accident you were involved in, your insurance company shouldn’t raise your rates. In any case, the fault for your accident has to be determined before any adjustments to your policy occur.

Drawbacks to Using Your Insurance Company After an Accident

When you use your insurance company, you expedite the process by which you can recover your damages. However, this means you have to pay a deductible upfront, with no guarantee that you’ll get it back.

Using the Other Party’s Insurance Provider

Coordinating your claims process with the other driver’s insurance company can take longer, but doing so will save you from incurring the upfront deductible costs. If you contact the other party’s insurance company, they will investigate whether their policyholder was at fault.

After determining that their policyholder was at fault, the insurance company will send an adjuster to estimate the repair cost for your vehicle. They will also pay you for a rental car until the shop completes your car’s repairs. Except for no-fault states, the other insurance company will also cover your medical bills.

However, when compensation from the other driver’s insurance company, it’s important to note that they will only cover up to the policyholder’s limits.

Benefits To Using the Other Party’s Insurance

If you don’t have collision coverage, using the other party’s insurance may be the only way to recover your damages. Even if you have collision coverage, you won’t have to pay your deductible and wait for reimbursement.

Drawbacks to Using the Other Driver’s Insurance

If the other driver doesn’t have liability coverage, or they have limits that can’t cover your medical expenses, you may have to file a claim with your insurance provider anyway. In this situation, your uninsured and underinsured motorist coverage from your insurance coverage would pay for your injury treatment plans and car damage.

Subject to a deductible, you might have to use your collision coverage or uninsured motorist property damage coverage in these situations. If the other driver doesn’t have insurance, you can use an uninsured motorist lawyer to try and recover your compensation.

Determining Fault After an Accident

Determining fault after an accident isn’t as simple as pointing your finger and saying “they did it! they did it!” You can’t expect to simply call the other driver’s insurance company and ask for money. Without sufficient proof that their policyholder was at fault for the accident, the insurance company can easily deny your claim.

In cases such as those where the other driver doesn’t admit fault or the at-fault party is unclear, hiring an attorney can help you with your claim and recover damages. One of the most common reasons claims get denied is that a driver may be at-fault while not being negligent. For example, the driver might have caused the accident while trying to avoid hitting a negligent pedestrian, or they may have had a medical emergency that prevented them from driving safely.

If the other driver’s policy doesn’t cover your cost, and you end up paying a deductible, you can pursue the other driver independently. This type of compensation requires the skills of a litigator who understands the various aspects of litigation. Whether you successfully recover your damages from the other party depends mostly on proving they were negligent. If they are uninsured, recovering your damages from them will depend on whether the party has the available funds to pay you back.

Tips for the Aftermath of an Accident

After being involved in an accident, you may feel incapacitated to the point of shock. Shock can lead you to make rash decisions that have adverse consequences. Whatever you do after an accident, never admit fault. Accidents happen in the blink of an eye, so it’s challenging for people involved to determine fault with any degree of certainty.

After an accident, stay calm, avoid getting into an argument with the other driver, and call the police. The police will be able to examine the situation from a legal perspective to determine who is responsible. The authorities will also help both parties exchange information and create a report for both insurance companies to investigate.

Hiring a Car Accident Attorney Can Save You From Admitting Fault

After an accident, there are many moving parts, and insurance companies try to avoid claiming responsibility. They can engage in deceptive practices to confuse you into admitting fault. Because insurance companies have extensive experience avoiding losses, having a car accident attorney at your side to walk you through the complex legal process and receive the compensation you deserve.

The Paul Wilkinson Law Firm has a team of Denver accident attorneys who will fight to bring you the compensation you deserve. Whether the other party’s insurance company tries to avoid paying for your losses, or you need to seek compensation from an uninsured driver, our experienced attorneys are here to help. Contact us today to discuss your case.

How to Negotiate Subrogation Claims

Subrogation law is a term used to describe the rights insurance companies have to seek reimbursement for insurance losses from responsible third parties. Insurance companies do this because it is in their best interest to recover a portion of the claim they paid.

For example, Sarah gets injured in a car accident, makes a claim, and the insurance company pays for her initial medical expenses. However, after investigation, they determine Chelsea was responsible for the accident. In this case, Sarah’s insurance company has the right to recover damages from Chelsea or Chelsea’s insurance company.

People often wonder why insurance companies have the right to recuperate damages from Sarah’s accident. Shouldn’t Sarah receive those finances? This issue sometimes confuses people. According to Colorado law, insurance companies don’t have the right to seek reimbursement directly from the injured party; they only have the right to seek reimbursement from responsible third-parties.

That said, subrogation is a complex legal process with rules and regulations that can sometimes leave people scratching their heads. People who don’t consult legal advice throughout subrogation often leave the claims process feeling like insurance companies duped them.

This blog explains what subrogation rights policyholders have and what Colorado laws affect those rights. It also provides some tools to negotiate subrogation and discusses whether policyholders should have an attorney present throughout the process.

Paul Wilkinson Law Firm specializes in Colorado car accident law and has a team of experienced attorneys who can tactfully guide your claim through subrogation. Whether you are the policyholder who was injured or whether the insurance company tries to attribute blame to you for damages, we protect you from any potential deceptive practices on the insurance companies’ behalf.

Subrogation: A Brief Overview

To better understand the subrogation negotiation process, you must first understand what subrogation is, why it happens, and who it affects. In nearly all subrogation cases, the injured party’s insurance company pays for its client’s claim and then seeks direct reimbursement from the third-party responsible for the accident.

Insurance contracts often contain clauses that prohibit their policyholders from seeking reimbursement from both the insurance company and the at-fault third-party. This way, people can’t collect damages from different parties. Clauses like these protect the insurance company from sustaining losses.

Subrogation for the Insured

As previously noted, Colorado has laws that protect the injured party from having to reimburse the insurance company for their losses. These laws make the subrogation process relatively easy for the injured policyholders. The aim of the subrogation process should always be to protect the injured party.

Subrogation can also come into effect for injured parties when you receive payments from third-parties to pay for your medical expenses and other compensations. For example, you receive a check from the person who caused the accident, and your insurance company claims some of your settlement due to the subrogation clause in your insurance contract.

Another fundamental reason for injured parties to have an attorney present throughout the subrogation process is to ensure the insurance companies don’t commit any false steps. Though the subrogation process should be clean and straightforward for injured parties, insurance companies sometimes fail to communicate the subrogation terms, which is against the law. In rare cases, they might knowingly delay claims and engage in bad faith insurance practices. Unsure of when it’s bad faith insurance? Hire a bad faith insurance attorney.

Subrogation for the Third-Party

The third-party the insurance company seeks compensation from can either be an individual or an insurance company. If the insurance company designates you as the responsible third-party, they will seek compensation from you to recuperate their losses, even if you have insurance. However, if you don’t have insurance, the insurance company will try to use you to recover their losses.

If you have insurance, you will likely get a written notice from the injured party notifying you they want you to reimburse them. In this case, you will probably only have the responsibility of making sure your insurance carrier is aware of both the accident and any subrogation rights claimed. After it, your insurance company should step in and settle the claim.

If you don’t have insurance, you will have to defend the subrogation claim yourself. In these cases, you should hire an attorney to help guide you through the legal process. Most insurance companies send their subrogation claims to collection firms. These collection firms are usually amenable to taking less than the full amount to settle the claim.

Accident Victims’ Subrogation Rights and Subrogation

Subrogation and insurance companies have the right to seek compensation for their losses. However, there are limitations to this practice, and accident victims and others need to understand how to protect their rights.

Experienced subrogation attorneys might mitigate the potential losses one incurs by working with the insurance company to negotiate their terms and conditions. Having an attorney present helps you by protecting your rights and potentially reducing your costs.

What is the “Made-Whole Doctrine,” and How Does it Work?

In Colorado, The Made-Whole Doctrine states that subrogation will not be allowed unless you are first “made whole” for all of your damages from your case. In many cases, an insurance company cannot pursue subrogation at all until the individual has received full compensation for all of his or her damages. Proper utilization of the Made-Whole Doctrine can result in a waiver by the insurance company of its right to reimbursement, vastly increasing your recovery. The requirements on how to use this law are intricate. Make sure your attorney knows how and when to use this law to your benefit and if it applies to your specific case and insurance plan.

What is the “Common Fund Doctrine” and How Does it Work?

In Colorado, The Common Fund Doctrine requires your health insurance company to reduce the amount of its right to reimbursement to an amount equal to your attorney’s fees. Suppose you are paying a 1/3 attorney’s fee, and your insurer has requested reimbursement. In that case, they may be required by Colorado Law to reduce the amount that they are demanding by 1/3 plus expenses that were incurred in the course of procuring the settlement or judgment of your claim. Make sure your attorney knows how and when to use this law to your benefit, and if it applies to your specific case and insurance plan.

Negotiation Tactics

Reading the Fine Print

Subrogation is an obscure concept to the general public. People often become upset when they find out they have to hand over more of their settlement to the insurance company than anticipated. Much of this stems from a lack of preparation and reading. Every insurance policy has a subrogation clause, so preparing yourself for your case’s potential outcome is an easy way to gain negotiation leverage.

Failing to Communicate

While you go through the subrogation process, it’s crucial to remember that your insurance company has to communicate with you every step of the way. Failure to do so is against the law.

Make Sure the Expenses are Only From the Accident

Make sure the claimed expenses are only from the accident. By obtaining all of the medical bills from the accident, you or an attorney can make sure you don’t have to pay for damages you didn’t cause.

Request to Take Out the Attorney Fees From the Settlement

Requesting the insurance company takes out any attorney fees is an easy way to lessen the impact of a subrogation claim. After all, if you hadn’t used an attorney, you likely wouldn’t have received a settlement in the first place.

Negotiate the Remainder of the Claim

Skilled negotiators can often prompt insurance companies to settle for less because they understand insurance companies don’t want to go through long, drawn-out legal battles. The more experienced the negotiator, the more likely they are to reduce the subrogation. Skilled negotiators can reduce the subrogation by as much as a couple of percentage points.

Paul Wilkinson Law Firm Can Handle Your Subrogation Claim

Subrogation is a confusing process that no one should have to fret over. Whether you were injured in an accident or caused an accident doesn’t change how draining it can be dealing with insurance companies. Our Denver car accident attorneys ensure that you get the compensation you deserve if you sustain an injury in an accident. If you cause an accident, we make sure you don’t pay for damages that aren’t your fault.

Contact us today at 303-333-7285 to set up a free consultation!

What is Subrogation?

If you have been injured in an accident and your health insurance company pays out money on your behalf so you can get the treatment you need for your injuries, something called subrogation will occur in your case. If another driver is found to be at fault for the accident, subrogation may allow your insurance provider to pursue recovery of any funds awarded through settlement or legal judgment in your favor. Understanding and responding to subrogation is often a challenging process that requires the assistance of an experienced car accident attorney.

Defining Subrogation

Subrogation means that one person or party (your health insurance provider) stands in the shoes of another (you). If your insurer has a right to subrogation, they are permitted to collect the money that they paid out for your accident-related medical care from your settlement or judgment. In short, subrogation gives the health insurance company the right to reimbursement for the money it initially gave you for the accident injury. If you have health insurance of any type that you plan to use or are using it for care related to your case, the question you should be asking yourself is: “Does my health insurance company have a right to be paid back out of my settlement; and if so, should the insurer be paid back in full, in part, or even at all?” Without proper representation, the insurer will not tell you. The insurer will simply demand reimbursement in full, which may be against Colorado and/or Federal Law.

what happens during subrogation

Subrogation Example

Here is an example, Sarah was injured in a motor vehicle collision. She has health insurance, and her health insurance paid for the medical treatment that she received as a result of the motor vehicle collision. Sarah receives a settlement from the at-fault party’s insurance company. Once she settles, her health insurance claims may be entitled to a portion of her settlement in the amount her medical insurance paid for her treatment. Sarah’s health insurance is claiming a right to subrogation and is demanding reimbursement. Sarah needs to know how much her insurer should be paid. Only an experienced attorney who understands the complex and ever-changing subrogation and insurance laws can determine how much that health insurer should be paid back, if anything.

How Can an Attorney Provide Assistance With a Subrogation Claim?

After a settlement or judgment for a car accident is reached in your favor, your insurance provider may notify you of its right to reimbursement through subrogation law. An experienced car accident attorney will negotiate with your insurance provider on your behalf and can help you understand how much the insurance provider deserves from your settlement. Dealing with insurance adjusters on your own can negatively affect the financial support you receive after a judgment or settlement is decided in your favor. Remember that the insurance adjuster’s goal in subrogation is to get as much money as possible from the settlement.

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How Will I Know If My Insurance Provider is Pursuing Subrogation?

Your insurance provider is legally obligated to notify you when pursuing subrogation against a third party involved in your accident injury case. If your insurance provider files a subrogation claim against you that requires you to pay reimbursements, you will receive written notice through a subrogation letter. Receiving a subrogation letter does not necessarily mean that the insurance company considers you to be at fault for the accident.

What is a Waiver of Subrogation?

A waiver of subrogation is a document signed by an insured individual that prevents their insurer from collecting money from a third party through subrogation. In a car accident injury case, the waiver of subrogation prevents a health or car insurance provider from pursuing financial compensation from the driver at fault on behalf of the driver they insure. Your ability to sign a waiver of subrogation often depends on the terms of your insurance policy. Signing a waiver of subrogation usually allows for a more direct settlement with the driver at fault and is sometimes included within the terms of the negotiation process. Never sign a waiver of subrogation without first consulting your insurer and an attorney, or you may incur additional liability that allows your insurance provider to take legal action against you.

Do I Need an Attorney When Dealing With My Insurance Provider?

An experienced car accident attorney can examine your case and act on your behalf to reduce the value of a subrogation claim filed against you. Legal representation is important when working with insurance adjusters and defending the settlement reached in an accident injury case.

Contact the Paul Wilkinson Law Firm today or schedule a free consultation to discuss your options for handling a subrogation claim.

For more information, contact a Denver car accident attorney today!

Brain Injury From Motorcycle Accident

Because of the increased population in Denver, there are more motorcyclists on the road than ever. With the increased traffic, motorcycle accidents are also on the rise. Because motorcyclists aren’t fastened to the vehicles or protected by steel, motorcycle accidents are more dangerous than automobile accidents.

This guide discusses why a motorcyclist is more likely to sustain brain injury from a motorcycle accident. While you may already understand the increased risk you take when you ride a motorcycle, you might not understand why motorcyclists are inherently more likely to endure brain injuries and the serious complications resulting from such injuries.

Understanding the dynamics of how motorcyclists sustain brain injuries can help you protect yourself from potentially hazardous conditions. It can also help direct you if you are involved in a motorcycle accident and experience a brain injury.

Learning about brain injury from motorcycle accidents can reduce your risk of sustaining them and reduce their severity if injuries are unavoidable. If you experience a brain injury from a motorcycle accident, hiring a motorcycle accident attorney denver can drastically reduce the financial impact of your injury, potentially giving you access to better healthcare and ensuring you don’t sustain further economic damages.

Motorcycle Accident Vs. Automobile Accident Severity

Motorcycle accidents cause more fatalities and severe injuries than automobile accidents because passengers aren’t fastened or protected by steel like automobile passengers. Because of these factors, motorcyclists are often thrown from their bike or take head-on collisions from automobiles.

With the decreased protection and the more vulnerable nature of motorcycle accidents, passengers are more likely to experience concussions and brain damage. This increased vulnerability to traumatic brain injuries, or TBIs, is exceptionally high when the rider neglects to wear an approved helmet.

In fact, recent studies have shown that helmets can reduce motorcyclists’ risk of fatal injury by 29% and reduce the overall risk of injury by 67%. Additionally, in another study conducted by the NHTSA, helmeted motorcyclists reduced their risk of facial injury by half compared to unhelmeted motorcycle drivers.

Examining the likelihood of injury from motorcycle accidents reveals how risky riding a motorcycle is to your health. According to the Hurt Report, 98% of multiple vehicle collisions and 96% of single-vehicle crashes result in injuries to motorcyclists. Motorcycle accidents are also 26 times more fatal than automobile accidents.

What Type of Motorcycle Accidents Are More Dangerous?

In addition to motorcycle accidents being more severe than automobile accidents, sport and supersport motorcycle accidents have a death rate four times as high as conventional motorcycles. Sportbikes also have a fatality rate twice as high as conventional motorcycles.

TBIs- The Motorcyclists’ Epidemic

Traumatic brain injuries, or TBIs, are often referred to as a silent epidemic because they range in severity and are difficult to prove in a court of law. TBI victims may appear completely normal to the naked eye. People who have sustained a TBI may also speak normally, and they might not display the apparent signs of injury.

Misleading Diagnosis

TBIs are also challenging to diagnose. The medical diagnosis of “mild” traumatic injury conceals TBIs’ underlying severity and doesn’t accurately represent the health challenges people face when they sustain TBIs.

Why Don’t Motorcyclists Wear Helmets?

With all of the data surrounding the importance of wearing a helmet, it may come as a shock that a significant number of motorcyclists neglect to fasten a protective shell on their head while riding.

Some states make it illegal to ride a motorcycle without a helmet. However, in Colorado, motorcyclists over the age of 18 aren’t required to wear a helmet, leaving the head unprotected in the case of accidents.

Reasons Why Motorcyclists Refuse to Wear Helmets-

The reasons why motorcyclists neglect to wear helmets range from purely aesthetic to the invasiveness of helmets. Riders may simply think helmets don’t look cool. Others feel that helmets impair their ability to ride. Regardless of the reasons to not wear a helmet, neglecting to do so increases your risk of injury significantly.

Considering the primary cause of death in motorcycle accidents is brain trauma caused by the head’s direct impact on the pavement, wearing a helmet is a small inconvenience when weighing the price of your life. Put simply, if you want to survive a motorcycle accident, wearing a helmet is your best protective measure and your only protective measure for your head.

What Causes Brain Injuries In Motorcycle Accidents?

Most authorities would assert that the primary cause of TBIs in motorcyclists is neglecting to wear a helmet. However, there’s another reason analysts attribute to the rising number of traumatic brain injuries in motorcyclists. Because of the increasing congestion on freeways and streets, the link between more motorcycle accidents and more head injuries is easy to connect.

What Are the Symptoms of Brain Injury After a Motorcycle Accident?

TBIs’ symptoms range from moderate to severe, and the patient may be unaware of his/her condition. Because traumatic brain injuries may not be apparent, those involved in motorcycle accidents should receive treatment regardless of how they feel following the accident.

The most common TBI symptoms include:

  • Disorientation
  • Headache
  • Nausea
  • Confusion
  • Mood impairment
  • Cognitive impairment (difficulty moving, thinking, or acting)
  • Dizziness

After being involved in an accident, someone can display no symptoms of a traumatic brain injury. However, because it’s common for people to suffer from shock after an accident or to have heightened adrenaline levels, people may not be aware of their injuries at the time they occur.

Because of this delayed response, patients may not experience the brunt of the injury until hours or even days later.

What Happens to the Brain After an Accident?

This delayed response and harm happen because when the brain sustains an injury, it jostles around in the skull. This jostling can cause bruising, bleeding, or tearing within the brain. The bleeding, bruising, or tearing may not be severe, but these conditions cause the brain to swell.

Because the skull can’t expand, the brain presses against it, causing further damage to the brain tissue. Thus, while you may have a mild injury to the brain, the aftereffects can quickly turn it into a severe injury. If brain swelling is left untreated, it can cause brain damage and even death.

Long Term Effects of TBIs

Even if the patient doesn’t die from brain swelling, it can cause severe long-term effects that reduce the patient’s quality of life and require extensive treatment plans. Long term effects of brain swelling include:

  • Difficulty speaking
  • Memory loss
  • Seizures
  • Loss of motor skills
  • Inability to concentrate
  • Mood changes such as depression, anxiety, or anger

Brain injuries range in seriousness. They can be so mild that you only experience shock, mild concussion, and short-term memory loss. Or you can suffer from a more traumatic brain injury.

Signs of more traumatic brain injuries include nerve damage, long-term memory loss, personality changes, long-term disability, organ failure, loss of cognitive functions, and death. It is not uncommon for traumatic brain injury victims to need ongoing care and support from their friends, family, and medical professionals for the rest of their lives.

Ways to Prevent TBIs in Motorcycle Accidents

The easiest way to prevent brain injuries is by being more conscious while you’re on the road. By being more aware on the road, you can reduce your chances of being involved in an accident.

However, some accidents are unavoidable. In this case, the best protective measure you can take as a motorcycle rider is to be diligent about your protective equipment, especially your helmet. It can be tempting, especially if you’re only traveling a short distance, to neglect to wear a helmet because you don’t think you’ll need it.

With an estimated 52% of accidents happening within five miles of the driver’s home, motorcyclists must resist the urge to travel helmetless, even over short distances. When you leave your helmet at home, there’s a chance you’ll lose your head on the road.

Conclusion- Avoid Brain Injury From Motorcycle Accidents

Because motorcyclists are more vulnerable on the road, they must be more aware of potentially harmful situations such as inclement weather, speeding, and avoiding alcohol while driving. One cannot overstate the importance of wearing a helmet if you decide to ride a motorcycle.

However, in some motorcycle accidents, brain injury is unavoidable. Wearing your helmet will reduce the severity of motorcycle accidents, but you still may sustain an injury even if you wear a helmet. In these cases, it pays to have a Denver motorcycle accident attorney on your side to ensure you don’t sustain any economic damages if you’re involved in a motorcycle accident that wasn’t your fault.