Colorado Personal Injury Attorneys

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 have 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 have 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 have 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 do not 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 are not 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 have 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 have been injured on the job, you may have a personal injury claim against certain people or companies, although generally you will not have a personal injury claim against your employer. This is because you will likely receive workers' compensation through your employer and the law generally does not 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 does not 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 is 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 are not 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 would not 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 is not appropriate for an insurance company representative for the at-fault party to visit you at a hospital. It is not 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 is appropriate for our firm to handle your case. If we feel it is not appropriate for our firm to handle your case, we will 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 will 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 is 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 is 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 are 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 is 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 are seriously injured in an automobile accident and the at-fault driver has no insurance, or has just a liability policy that does not 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 is 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 are 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 are not 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. Do not 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 have 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.

 August 20, 2019

Colorado and Company Interviews Burg Simpson’s Personal Injury Lawyers

Colorado and Company Interviews Burg Simpson’s Personal Injury Lawyers. Shareholders Peter W. Burg and Stephen J. Burg Discuss What to Do Following a Crash. If you have experienced a vehicle-related injury through the carelessness of another party, you could be eligible for damages for your pain, suffering, and loss. Let the personal injury lawyers at Burg… Read more »

 August 15, 2019

Burg Simpson Congratulates Our Best Lawyers in America!

Twenty-Seven Burg Simpson Attorneys named as The Best Lawyers in America ® 2020. Four lawyers were named 2020 Best Lawyers “Lawyer of the Year” in Their Practice Areas and Regions Burg Simpson Eldredge Hersh & Jardine, P.C., one of America’s foremost plaintiff trial firms, is proud to announce the Best Lawyers in America accolades for… Read more »

 August 5, 2019

Bicycle Crashes: The Blame Game

Bicycle Crashes: The Blame Game By David P. Hersh, Shareholder and Avid Cyclist When it comes to crashes between cyclists and motor vehicles, it is essential to establish who is at fault for causing the accident.  Tort law in America operates on a system of responsibility – those who ride or drive on public ways… Read more »

 August 1, 2019

Michael Burg Discusses the Opioid Epidemic Litigation

Michael Burg Discusses the Opioid Epidemic Litigation. Michael Burg, shareholder and founder of Burg Simpson Eldredge Hersh & Jardine, recently appeared on the Ross Kaminski Show on KHOW to discuss the current opioid epidemic, and how the opioid lawsuit is seeking to hold drugmakers accountable for opioid-related addictions, injuries, and deaths. Michael Burg is one… Read more »

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

 July 1, 2019

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner. Detective Bitner lost his life in the line of duty on May 28, 2012, after being struck and killed by a vehicle while performing a traffic stop. Jeremy served the Englewood Police Department for 8 years and during that time was assigned… Read more »

The 2019 Burg Simpson Scholarship Awards Dinner

 May 7, 2019

The 2019 Burg Simpson Scholarship Awards Dinner

The 2019 Burg Simpson Scholarship Awards Dinner was held at Maggiano’s on April 25th to recognize the ten winners of the firm’s annual scholarship competition. The firm’s founder Michael Burg, and shareholders Peter Burg and Stephan Marsh presented awards to the 2019 winners! This year’s recipients included Ms. Madison Frotten, Mr. Dale Kim, Ms. McKenna… Read more »

Burg Simpson | Workers’ Compensation

 April 17, 2019

Burg Simpson | Workers’ Compensation

Shareholder Nick Fogel is the practice group leader of the Workers’ Compensation division at Burg Simpson. Workers’ Compensation is a form of insurance that protects employees when they are injured on the job or in the line of duty. Workers’ compensation provides both wage replacement and medical benefits. Filing a workers’ compensation claim can be… Read more »

Burg Simpson | We Are Here To Help

 April 5, 2019

Burg Simpson | We Are Here To Help

Burg Simpson is a law firm committed to helping injured people rebuild their lives after a serious accident or injury. Our trial lawyers have handled nearly every kind of injury or wrongful death case. The team at Burg Simpson has the resources, nationwide reputation, or proven track record of success when it comes to helping… Read more »

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