Burg Simpson Attorneys – Colorado Personal Injury

Personal Injury Frequently Asked Questions

If you’ve been injured in an accident, you probably have a lot of questions. Take a look below for some quick answers but please don’t rely solely on this FAQ to determine if you have a case. Call us directly at 303-792-5595 or fill out a Free Case Evaluation form now to discuss your case with an experienced Denver injury lawyer today. We are here to help.

If you’ve been injured, or a loved one has been injured or killed, because of negligence of another person or company, you or your loved one may have a right to seek compensation through a lawsuit.

Personal injury is generally defined as any harm caused to a person by the negligent, reckless, or intentional conduct of another.

Personal injuries or wrongful death can be caused by:

  1. Automobile, motorcycle, or truck accidents.
  2. Product defects, such as faulty equipment or dangerous drugs.
  3. Toxic preservatives and pesticides.
  4. Slip-and-fall accidents.
  5. Negligent conditions that are the cause of dangerous, injurious events, such as gas explosions and avalanches.
  6. On-the-job injuries caused by a third party.

Automobile, motorcycle, or truck accidents: If you’ve been injured in a car accident, you may have a claim against the other driver. If you were a passenger in a vehicle that was involved in an accident, you may have a claim against the driver. If a negligent driver was working at the time of the accident, you may have a claim against the driver’s employer.

Product defects, such as faulty equipment or dangerous drugs: You may have a claim if you’ve been injured by a product. Product liability claims can be brought against manufacturers and sellers of defectively designed products, defectively manufactured products, and products that don’t have proper warnings or safeguards. The kinds of defective products that can lead to a product liability claim are wide and varied. They can include nearly any product you may use at home or at work that may be dangerous if not designed or manufactured properly or where proper warnings aren’t provided, from lawn mowers to bicycles, ATVs to power tools, prescription drugs to food, and construction equipment to heavy machinery.

Toxic preservatives and pesticides: Burg Simpson lawyers have represented individuals affected by sprayed chemicals designed to inhibit the growth and reproduction of bugs and plants. Sprayed pesticides such as 2,4-D (an active ingredient in “Agent Orange”) cause severe reactions in those who are susceptible to their active ingredient, ranging from chemical sensitivity pneumonitis, to Reactive Airways Disease Syndrome, among others.

Slip-and-fall accidents: If you’ve been injured on someone else’s property, you may have a claim against the property owner as well as anyone else who may have been responsible for the property, including snow removal companies, maintenance companies, or property management companies. Claims may be brought for slip and falls, trip and falls, injury from activities being conducted on a property, and certain recreational activities.

Negligent conditions that are the cause of dangerous, injurious events, such as gas explosions and avalanches are possible personal injury claims.

On-the-job injuries: If you’ve been injured on the job, you may have a personal injury claim against certain people or companies, although generally you won’t have a personal injury claim against your employer. This is because you’ll likely receive workers' compensation through your employer and the law generally doesn’t allow you to bring a lawsuit against them. But there may be other companies or persons with whom you may be working against whom you might have a claim.

There could be circumstances that might prevent you from making a claim. Sometimes the law doesn’t allow a claim to be brought against certain people. Some claims against the government are precluded by statute. There are other statutes that might preclude some claims against ski area operators and other providers of recreational activities. Releases or waivers can preclude a claim. The passage of time can also preclude a claim if the claim is brought beyond the applicable statute of limitation. If your injuries were caused by your own fault, your claims could be limited or barred.

Every case is different and whether you have a valid claim depends upon the specific facts of your particular case as well as the applicable law. This is why it’s important to consult with the experienced Colorado personal injury attorneys at Burg Simpson to discuss any potential claims you might have.

Our Denver personal injury attorneys assess and carefully analyze and evaluate several major factors that could affect the value of your personal injury case and subsequent potential recovery of damages. These include, but aren’t limited to:

1. The nature and extent of the injury and the medical treatment received.
2. The liability of each person involved in the event causing injury.
3. The level of fault of the party causing the accident, and the determination of whether the client shares some or none of the fault.
4. The potential economic loss sustained by the client based on work history, salary, the client’s ability to return to work, and extent of the injury.
5. The potential for future medical and other life care needs.
6. Issues pertaining to potential pre-existing medical conditions that could affect the value of the case, amount of insurance available, or liability.

Personal injury is generally defined as any harm caused to a person by the negligent, reckless, or intentional conduct of another. Many types of damages can result from a personal injury.

Personal injuries or wrongful death can be caused by:
1. Automobile, motorcycle, or truck accidents;
2. Product defects, such as faulty equipment or dangerous drugs;
3. Toxic preservatives and pesticides;
4. Slip and fall accidents; or
5. Negligent conditions that are the cause of dangerous, injurious events, such as gas explosions and avalanches.

Wrongful death
When the life of a loved one is lost as a result of negligence or misconduct on the part of another person or entity, the decedent’s spouse, children, or parents can often claim damages.

The sooner you receive legal advice from one of our Colorado personal injury lawyers, the better the chance there is to guide your case in the proper direction. Just as you wouldn’t call the police months after your home is burglarized, you shouldn’t wait weeks or months after the onset of an injury to have your case reviewed by legal counsel. Note that it isn’t appropriate for an insurance company representative for the at-fault party to visit you at a hospital. It isn’t advisable to give a recorded or written statement, or to sign a statement for anyone, even your own insurance company representative, without first consulting with an attorney.

At the initial, no-charge consultation with a Burg Simpson attorney can:

1. Discuss the facts and circumstances of your case, including issues relating to injuries, damages, liability, witnesses, and medical treatment.
2. Evaluate the merits of your case.
3. Determine if it’s appropriate for our firm to handle your case. If we feel it isn’t appropriate for our firm to handle your case, we’ll be frank in our explanation to you regarding the reason and factors that led to our decision.

At the initial, free consultation meeting, or shortly thereafter, our personal injury attorneys will be able to advise you if you have a viable personal injury case. A meritorious personal injury case requires a top-notch attorney to succeed. No attorney can guarantee a result in any case, but a Burg Simpson Denver injury lawyer are adept at navigating the complex legal maze, which includes court filings, court rulings, statutes, case law, administrative rules, judges, depositions, negotiations, and all issues pertaining to insurance companies.

Before meeting with a Denver injury attorney, you might speak to a paralegal who’ll ask preliminary questions about your case to ascertain pertinent information needed to prepare for the attorney consultation. The consultation may be in person or by phone, depending on your physical condition. It might be more appropriate or feasible for the attorney to meet with you outside the office at a hospital or other location.

Personal injuries can create emotional and financial concerns. It’s perfectly acceptable to bring your spouse, family member, or friend to the meeting with a Burg Simpson personal injury attorney if it will make you more comfortable and allow you to better explain your case to us.

1. Economic damages cover property damages, lost income, lost profits, lost value, out-of-pocket expenses, medical bills, and future lost earnings and expenses.
2. Non-economic damages include payments for emotional distress, pain and suffering, and loss of enjoyment of life.
3. Permanent impairment or disability damages may be awarded when an injured person will never recover from the injury sustained. Almost any kind of injury can result in a permanent impairment. Permanent impairment or disability damages are particularly significant when the impairment precludes the person from returning to work.
4. Damages for disfigurement are awarded for any injury that disfigures a person, such as scars from an injury or surgery, burns, and amputations.

The damages awarded for permanent impairment and disfigurement are separate from, and in addition to, any other economic and non-economic damages that may be awarded. It’s important to understand that each personal injury case is unique and the value of your claim depends upon a wide variety of factors.

This is a difficult question to answer because it depends on so many factors. The Colorado personal injury attorneys at Burg Simpson are well aware of the financial and emotional hardships that families must endure through the “long and winding road” of the legal process that’s generally resolved by either a settlement or trial. The American legal process, designed to render due process to all parties involved, often results in lengthy, sometimes difficult, circumstances.

Sometimes a settlement can be reached quickly with an insurance company, without having to file a lawsuit, if the liability is clear and the injuries are undisputed. If a lawsuit must be brought, then settlement is typically delayed for months while the parties engage in discovery. Discovery provides plaintiffs and defendants the right to obtain information from each other during the course of a case. Cases will often settle very close to trial, which can be a year or more after the case is filed. If a verdict is rendered in your favor and a judgment is entered, the defendant will sometimes pay at that time. Sometimes the defendant will appeal the judgment, which can delay the ultimate recovery by several years while the case proceeds through the appeal process. If you lose at trial, and if appropriate, you have the right to appeal.

Some delays in resolving your injury case can be a result of decisions made by the insurance company. These decisions can include:
1. Improperly denying payment of claims.
2. Underpaying claims.
3. Undervaluing claims.
4. Unreasonably denying coverage.
5. Delaying payment of claims.
6. Using unfair interpretations in translating the language of your policy.

Our injury attorneys are aware of these, and other, potential problems and we’re prepared to vigorously address them during the process of resolving your case.

1. Homeowners insurance.
2. Automobile insurance.
3. Life insurance.
4. Health insurance.
5. Workers’ compensation insurance.
6. Disability insurance.
7. Commercial property insurance.
8. Commercial liability insurance.
9. Business owners’ insurance.

There might be multiple insurance policies that could provide compensation to a person injured because of the negligence and/or active fault of another person, business, or other entity. It’s important to discuss insurance issues with your Denver personal injury attorney.

There are a substantial number of automobile drivers who either don’t have car insurance or who buy only the cheapest liability policy coverage. If you’re seriously injured in an automobile accident and the at-fault driver has no insurance, or has just a liability policy that doesn’t come close to covering your losses, then your automobile policy may kick in to provide the compensation and benefits that cover your losses. The existence and amount of available insurance coverage must be taken into consideration when evaluating a personal injury claim.

It’s important you carefully discuss all of your insurance options with a qualified insurance representative. When discussing your automobile policy with your insurance representative you should address the following, among other options:

  1. Liability insurance – payment for damages for bodily injury and property damages for which an at-fault, insured driver becomes legally responsible due to an automobile accident.
  2. Collision insurance – damages to your automobile or a non-owned automobile.
  3. Comprehensive insurance – coverage includes transportation expenses in the event of theft of your car.
  4. Medical Pay Coverage – this coverage is optional, at an additional cost, and provides payment of your medical expenses. Discuss your health insurance coverage with your insurance representative to determine if you require this coverage.
  5. Uninsured/Underinsured Motorist Coverage – this important insurance coverage must be offered to you by your insurance representative. This coverage is optional, but you must decline the coverage in writing. The following example illustrates why it can be a mistake to waive uninsured/underinsured motorist (UM/UIM) coverage: If an at-fault driver with $50,000 in liability insurance injures you in an auto accident, and you have a $200,000 underinsured motorist policy, then $250,000 is available to compensate you. This is derived from the $50,000 from the at-fault driver’s insurance and $200,000 from your UM/UIM coverage provided by your automobile policy. If the at-fault driver has no liability policy, then you still have the $200,000 from your UM/UIM policy available to compensate you for your damages.

This provides a brief summary of some of the important automobile coverages you should carefully discuss with your insurance representative, and the summary is only meant to make your aware of some, but not all, of the coverages that may be available to you. Carefully read and review your policy coverage with your insurance representative, and make certain to address the details of the coverage included in this summary.

1. Move your vehicle to the side of the road, if necessary, to protect your safety and the safety of others.
2. Call 911 if there are emergency circumstances.
3. Take pictures if you have a camera or camera phone.
4. Exchange insurance information with the other driver.
5. Obtain the names, addresses, and phone numbers of witnesses.
6. If you or others on the scene determine that you need immediate medical attention, proceed immediately to a hospital emergency facility.
7. Report the accident to your insurance company.
8. See your doctor for diagnosis and treatment if you were not treated in an emergency room, and/or for all follow-up visits as directed upon release from emergency facility.
9. Make sure you detail all your major and minor injuries at the emergency facility, with your doctor, and with your insurance representative. What you may perceive as a minor, nagging injury can often become a serious medical problem.
10. Call a Burg Simpson personal injury attorney for advice. The initial consultation is free of charge.

If you’re contacted by an insurance company, call us immediately to discuss your options to ensure that your rights are protected.

Be aware, that all too often, the insurance company will ask you for information that you aren’t obligated to provide.

Depending upon your relationship with the insurance company, your obligations may vary.

WHAT YOU SHOULD KNOW - AND WHAT YOU SHOULD DO FIRST:

Call a Denver injury lawyer before returning phone calls to an insurance company. If the insurance company has sent you documents to sign, do not sign them without calling an attorney first to review them.

Insurance companies might also ask you to sign a medical release with the promise of paying your medical costs. Don’t be tricked into signing the medical release. Often times, the insurance company's medical release grants the insurance company the ability to publish your medical information or sell this private information to third parties. Signing this release may waive your privacy rights, normally protected by HIPAA. If you’ve already signed a medical release, you must call a Denver personal injury attorney immediately to attempt to revoke it. Time is of the essence. Call us today at 303-792-5595 or fill out our FREE CASE EVALUATION FORM right now.

Alan K. Simpson Argues For a 28th Amendment

 August 16, 2017

Alan K. Simpson Argues For a 28th Amendment

Are corporation’s people? It might sound like a simple question, but it’s one the U.S. Supreme Court answered in the affirmative when it handed down its landmark Citizens United v. Federal Election Commission decision in 2010. That 5-4 ruling struck down a prohibition against certain election communications by nonprofits, corporations, labor unions, and other associations…. Read more »

Michael S. Burg Blasts Supreme Court Big Pharma Ruling

 August 15, 2017

Michael S. Burg Blasts Supreme Court Big Pharma Ruling

Earlier this summer, the U.S. Supreme Court handed Big Pharma a big victory. In Bristol-Myers Squibb Co. v. Superior Court of California, the high court struck down California’s effort to widen the scope of non-residents seeking relief from dangerous drugs. In an 8-1 decision, the court ruled against nearly 680 plaintiffs who were suing the… Read more »

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2018 Edition of The Best Lawyers in America©

 August 15, 2017

Burg Simpson Eldredge Hersh & Jardine Attorneys Recognized in 2018 Edition of The Best Lawyers in America©

  Twenty-Three Attorneys Were Listed in The Best Lawyers in America ® 2018 Four Attorneys Listed as 2018 Best Lawyers “Lawyer of the Year” In Their Practice Area and Region August 15, 2017 (Denver, CO) – Burg Simpson Eldredge Hersh & Jardine, P.C., one of America’s foremost plaintiff trial firms, is proud to announce several… Read more »

Weyerhaeuser Floor Joists Could Be Poisoning Your Home

 August 9, 2017

Weyerhaeuser Floor Joists Could Be Poisoning Your Home

August 9, 2017 (Denver, CO) – Thousands of new homes may be uninhabitable due to excessive levels of formaldehyde, a known carcinogen, found in the joists of finished and unfinished basements. Homeowners and construction workers have reported feeling ill, with burning eyes and respiratory issues, after exposure to hazardous levels of formaldehyde present in these… Read more »

Traumatic Brain Injuries – Denver Injury Lawyer – Burg Simpson

 August 16, 2017

What you Should Know About Traumatic Brain Injuries

Few things can change – or end – a life as quickly as a Traumatic Brain Injury. TBIs play a role in nearly a third of injury deaths in the United States. More than 150 people die every day as a result of these devastating injuries, which works out to more than 50,000 fatalities annually…. Read more »

Underride Accidents – Denver Injury Attorney – Burg Simpson

 August 9, 2017

What are the Dangers of Truck Underride Accidents?

In 2004, 26-year-old Roya Sadigh and her fiancé were on their way home for Thanksgiving in a blizzard. Their car hit a patch of ice, spun out of control, and slid beneath a tractor-trailer. The truck’s rear wheels ran over the car, crushing it. Sadigh died before she could make it to the hospital. These… Read more »

Car Accident and Grief - Denver Injury Attorney – Burg Simpson

 August 3, 2017

How Can You Put a Price on Grief After an Accident?

It’s late. You’re sitting at a stoplight. Your spouse is in the passenger seat next to you, preoccupied with something in the glove compartment. Suddenly, another vehicle crashes into the passenger side of your car. You hear a sudden squeal, crunching metal, and breaking glass, shards are flying all around you and your spouse. At… Read more »

Personal Injury Case with a Minor – Denver Injury Lawyer – Burg Simpson

 August 2, 2017

What If a Personal Injury Case Involves a Minor?

The law treats minors differently than adults in many cases. Personal injury cases are no exception. For example, did you know that when a minor is injured in Colorado, the statute of limitations – which can be one, two, or three years from the time of the injury, depending on the case – does not… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Burg Simpson Legal Minute: Civil Justice System

 April 21, 2016

Burg Simpson Legal Minute: Civil Justice System

Burg Simpson shareholder Calvin Tregre Jr. examines changes to the civil justice system, where limitations have been placed on monetary awards to seriously injured victims of corporate negligence. Are you protected?

Trial Talk magazine

 November 18, 2015

Trial Talk: Cross Appeal? Now What?

Burg Simpson Attorney and Shareholder Diane Vaksdal Smith’s article, published in CTLA’s Trial Talk, April/May 2015, addresses specifics of appellate practice and procedure. Download full article PDF

The Trial Lawyer Magazine

 November 18, 2015

Homebuilders v. Homeowners

Threats to Shift an Already Tilted Playing Field More in Favor of Homebuilders Burg Simpson attorneys Jennifer A. Seidman and Ronald M. Sandgrund examine what could happen if lawmakers allow builders to take advantage of and mischaracterize the causes of the Great Recession’s lingering effects, and the facts regarding the real causes of the decline… Read more »

Pop Culture

 November 18, 2015

Part IV – Does Popular Culture Influence Lawyers, Judges, and Juries?

TV and Movies – What We Love and Love to Hate Twelve Angry Men, To Kill a Mockingbird, the O.J. Simpson debacle…do these movies and televised lawsuits influence decision makers? Burg Simpson attorney Ronald M. Sandgrund continues the panel series dialogue, with Part IV addressing TV and movies. Download full article PDF

Pop Culture Part 3

 November 18, 2015

Part III – Does Popular Culture Influence Lawyers, Judges, and Juries?

Managing Popular Culture’s Influence Popular culture generally has been defined as “culture based on the tastes of ordinary people rather than an educated elite.” Part III investigates whether popular culture may be undermining the rule of law. Burg Simpson attorney Ronald M. Sandgrund mediates this panel article. Download full article PDF

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 US News 2014 Plantiffs Top 25 Most Influential Lawyers