FAQs

FAQ

THE DOs AND DON’Ts FOR INJURED VICTIMS

How much does a personal injury attorney cost? What steps should you take if you’ve been injured because of the negligence or wrongdoing of another? Do you even have a case? Read our FAQs below to learn more about our Denver personal injury legal services.

DO:

  1. Do contact our Denver law firm immediately following your injury or accident. The advice you receive in an initial interview with our attorneys will be extremely helpful in the days following the accident.
  2. Do visit an Emergency Room, Urgent Care Facility, or a doctor’s office as soon as possible following an accident, if you sustained injury.
  3. Do contact the police if you were injured in an accident which was not your fault, or if the law otherwise requires such action.
  4. Do tell the police you were injured if you were hurt in the accident, and do request an ambulance if necessary for your care and safety.
  5. Do file an accident report as soon as possible following an injury-producing accident, if appropriate.
  6. Do contact our law firm if you have changed your address and/or telephone number, or employment – including changes in salary, duties, or job title.
  7. Do take pictures of any damage to your vehicle before you get it repaired. The more photos the better.
  8. Do save all medication bottles, casts, braces, and any other items from your doctor.
  9. Do give your personal injury attorney any pictures and videos of the accident or accident scene that you or anyone else has taken for you.
  10. Do obtain and save all receipts itemizing any and all expenses you incurred as a result of your accident. Be sure that receipts are dated and contain legible and complete vendor identification.
  11. Do inform us of anything you think has a bearing on the case, including extensive medical treatment or hospitalization.

 

DON’T:

  1. Do not delay in calling or e-mailing our Denver law firm as soon as possible after an injury-producing accident, for a free no obligation consultation about what you should do or not do following your accident.
  2. Do not delay in obtaining necessary medical treatment.
  3. Do not delay in advising a business or property owner that you were injured on their premises.
  4. Do not fail to call the police following a motor vehicle collision if you were injured and the accident was not your fault.
  5. Do not fail to advise an investigating officer of the nature of your injury and your pain.

  6. Do not give any statements – written, recorded, or oral – to anyone concerning your accident or injuries without first consulting an attorney.
  7. Do not admit fault or offer any opinions about the cause of the accident.
  8. Do not speak to anyone other than your attorney about your accident or case.
  9. Do not wait to visit a doctor if you are injured. At your visit, do not hold back any information about the location and severity of your pain.
  10. Do not make any false or incorrect statements about prior injuries to any doctor who may treat or examine you. If you don’t remember past information, say so.
  11. Do not ignore your doctor’s advice.

How do I chose an attorney?

The first thing to consider when selecting an attorney is the attorney’s level of success handling personal injury cases. An attorney with a “general practice”, who does a little family law, a little criminal law, a little real estate, and a little personal injury law, cannot master all these areas. You are better served with lawyers that devote their practice to representing plaintiffs, such as Sisun & Scriven, P.C. You should feel comfortable with your attorney and the law firm’s staff on a personal level. It is important that you feel your lawyer is the type of person who will listen to you and be available to you when you need him/her.

How much will a personal injury attorney cost and what are the attorneys' fees?

We believe in being upfront and honest about our attorneys’ fees. When we accept your case, our firm typically works on a contingent or percentage fee basis, which means you pay no fees until we successfully resolve your case by settlement or verdict. If you prefer, we can work with you on an hourly rate instead. When we accept your case, we will go over all our fees in advance so there are no surprises.

How can I afford to pay for costs?

Costs are separate from attorney’s fees. When we accept your case, we agree to advance all costs necessary to bring your case to a successful conclusion. This includes minor items like copying expenses, medical records, deposition expenses and filing fees. In a larger, more complex case, it may also include expenses for experts such as a doctor, engineer, vocational rehabilitation specialist, or an economist. Our Denver law firm uses some of the most experienced experts in Colorado to help give our clients the best chance at a successful resolution of their personal injury case. These experts are not inexpensive and we always discuss these costs with you before hiring these experts and incurring any major expenses on your behalf.

Do I have a case?

This depends on the facts of your case, the witnesses, and the injuries you sustained. If you would like us to evaluate your case, call us at 303-377-8861 or click on the Contact Us button above. We are available to review your case online or by telephone.

How much is my case worth?

If you have been injured due to the negligence of another, under the law you may be entitled to compensation for past and future out of pocket damages, including medical expenses, wage loss, and loss of earning capacity. In addition, you are entitled to reasonable and fair compensation for what the law calls general damages. “General damages” include such things as pain and suffering, disability, disfigurement, and loss of enjoyment of life.

Assigning a dollar figure to general damages is not an exact science. Factors to be considered are the nature and the extent of the injury, the degree of pain and/or emotional suffering, the degree of disability, and the length of time and extent to which the injury will affect your life. We are experienced at evaluating personal injury cases and determining what they are worth.

What happens after I sign up?

One of our goals is to make the process as easy as possible for you. After you sign up, we will immediately take action to preserve evidence and protect your interests from any insurance companies that may be involved.

Immediately after you sign up with us, we will send out letters to any insurance companies indicating that we represent you and that they must now talk to us if they want to talk to you. They will not be allowed to contact you directly and you will therefore be protected from their attempts to obtain recorded statements or obtain irrelevant private information about you and your medical history.

We will also immediately take any steps necessary to preserve evidence in your case from important key witnesses. Doing this early is very important because witnesses may forget significant facts, move, or even pass away. Obtaining and preserving evidence early can be the difference between a successful and unsuccessful result in a case.

Once the facts of the accident and the nature and extent of your injuries and damages are known, we will determine, with your assistance, the best course of action. In some instances it is putting together a “demand package” and presenting it to the other party’s insurance company. In other instances it is initiating a lawsuit and reaching a settlement sometime before a trial takes place. In a small number of cases a trial may be required to obtain a fair and adequate reward. We take the time to evaluate each case on its own merit and determine with you how we will fight to achieve the greatest results. In fact, many of our cases settle without the need for a trial. However there are cases where litigation is necessary to obtain the maximum recovery for your injuries, damages and losses.

How does the court process work?

Litigation begins when the case is filed and defendants are served with a summons and complaint. A complaint is a legal document that summarizes the plaintiff’s (injured person’s) claims against the defendants. Each defendant is then required to file an Answer to the Complaint, wherein the defendant admits or denies the facts alleged in the Complaint.

The next step in the litigation process is called discovery. During discovery, both sides use formal Court procedures to obtain information from all parties. These procedures include written questions, or interrogatories. Witnesses may also be placed under oath and asked questions before a Court Reporter, who transcribes the interview in what is called a deposition.

After both sides have completed their discovery, they are ready to try their case before a jury. Prior to doing this, however, we make numerous attempts to settle the case. Frequently the negotiation process includes bringing the claim before a mediator in a settlement conference. We find that when a case is well prepared, most cases will settle at this stage without the necessity of proceeding to trial.

Should I talk to the other party's insurance company?

We recommend that you not speak to the other party’s insurance company unless you have first spoken to an attorney. Even if these insurance companies have advertised themselves on TV as being virtuous and kind, and even if the person on the phone sounds friendly, beware. Insurance companies make more money the less they pay in claims. These friendly adjusters are actually well-trained investigators seeking to obtain information that may limit or even be damaging to your case.

Many adjusters often misrepresent the truth and the law to unsuspecting accident victims. One common misrepresentation is that you have to give a recorded statement to them. This is false. You should consult a competent personal injury attorney before giving a statement to the other party’s insurance company. Another common misrepresentation made by insurance adjusters is that you have to sign a release allowing them to obtain your medical records. While it is true that any insurance company will need to review relevant medical records in order to evaluate your injuries, it is not true that the insurance company is entitled to review irrelevant private medical records. Very often, the release the insurance company will try to get you to sign is overly broad and authorizes them to invade your privacy. Experienced attorneys in our office will know what the insurance company is and is not entitled to, and will work to protect your right to privacy.

Insurance companies will often try to settle prematurely. What may be happening is that the insurance adjuster is trying to settle your case for a small amount and have you sign away your rights before you are fully aware of the nature and extent of your injuries and before you are aware of what you are entitled to under the law.

Beware of any offer of settlement made prior to the completion of your medical treatment. Insurance companies know that a certain percentage of injuries do not fully resolve and that a certain percentage of people end up with permanent problems, sometimes requiring surgery and sometimes preventing them from returning to work. If you settle your case early for an amount you think is reasonable, and later learn that your injuries were worse than you expected, you will not be able to come back to the insurance company for more money. That is why it is usually not a good idea to settle before you have all the facts about your injuries.

NOTICE  – The information provided in this website has been prepared by Sisun & Scriven, P.C. for informational purposes only, and does not constitute legal advice or counsel. You should not rely solely upon the information contained in this site or act upon any information contained herein without first seeking professional legal counsel. A written fee agreement must be signed by both the client and Sisun & Scriven to create an attorney-client relationship.

Call us today at 303-377-8861  or click here to email us, and let us see if we can help you obtain justice.
You will always speak with an attorney.

Sisun & Scriven, P.C. is centrally located in Cherry Creek at 90 Madison Street   Suite 302 Denver, Colorado, 80206
Home and hospital visits are also available