If you or a loved one sustains an injury caused by the negligent actions of another person or entity in Colorado, you need to take the steps necessary to recover compensation for your losses. You need help with your medical bills, lost wages, and any other expenses arising due to the incident, but recovering this compensation can be challenging. Some injury claims are settled with insurance carriers or the at-fault party before a trial becomes necessary, but there are times when a jury trial is needed.
Should You Take a Settlement?
Most personal injury claims in Colorado get resolved through settlements with insurance carriers before the case even gets filed in court. For example, if a person sustains an injury in a vehicle accident caused by another driver’s negligence, then the victim will file a claim with the at-fault driver’s insurance carrier. Usually, these claims are resolved without the need to file a personal injury lawsuit.
Similarly, we can see premises liability claims, claims based on defective products, medical malpractice claims, and other types of injury claims typically get resolved through insurance claims as well. However, just because most claims get resolved through an insurance payout does not necessarily mean this is the best route for your particular claim.
It is not uncommon for insurance carriers to put forward low settlement offers in the hopes that the injury victim will want the claim to be over with and simply accept the payment. However, insurance carriers are not looking out for you. They are looking out for their bottom line, and the more substantial the claim, the harder an insurance carrier will fight having to pay fair compensation.
When determining whether or not to accept a settlement from an insurance carrier or at-fault party, we encourage you to listen to the advice of your attorney. Your lawyer will have spoken to trusted medical and economic experts to understand your total losses, and a settlement should adequately cover these losses. If the settlement offer does not, you may need to move forward with a personal injury lawsuit.
Why Would You Go to Trial?
Even after a lawsuit gets filed, it is not uncommon for the claim to get settled after the discovery process begins. Discovery is when attorneys for both parties will exchange the evidence they have with one another and take depositions of potential witnesses. Often, information and evidence come to light that pushes one side or the other to settle. However, in the event the at-fault party or the insurance carrier refuses to offer a fair settlement, you and your attorney may need to go forward with a jury trial.
Would Having an Attorney Help?
If you or somebody else has been injured due to the negligent actions of another individual, entity, or business in Colorado, we encourage you to reach out to a Boulder personal injury lawyer as soon as possible. When you have an attorney by your side, you will have an advocate helping you understand the best route toward recovering compensation for your particular claim. Every claim is different, and what works for one individual may not necessarily be the best route for another individual. When you have an attorney intimately involved in your case, they will understand whether a settlement offer is adequate or whether they should pursue your claim in court.