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The Legal Process: From Injury to Compensation in Colorado

It’s difficult to imagine unless it’s happened to you, but being injured in an accident is completely disorienting. There is no rule book for how to manage your recovery or your life when you’re injured, especially when it was due to something as traumatic as a car crash. The legal team at McDivitt Law Firm will walk you through each step, but if you’re still in the process of figuring out what to do, this article describes what you can expect.

Seek Medical Attention After an Injury

The first step to take after being hurt in any kind of crash involving a car or semi-truck is to contact the authorities and seek medical attention.

"It's very debilitating when you're sitting there and you don't have the income and can't work"

She did the right thing and sought medical attention right away after her car crash.

But then she faced the next discouraging phase of the process when she was trying to get her medical bills paid by the insurance company. “You’ve got medical piling up and up and up. When I was doing it on my own before I even knew I had the extent of injuries that I had, they just kept wanting to settle with the emergency room visit and they kept trying to close the case and close the case.”

Linda knew it wasn’t right for the insurance company to close her case before she even knew how bad her injuries were. That’s when she decided to hire a personal injury lawyer and she called McDivitt Law Firm

Contact a Colorado Personal Injury Lawyer

The second step following an injury crash is to meet with a Colorado personal injury lawyer. You must seek help from an attorney who is licensed to handle cases in the state where you were injured. 

But what can you expect when you meet with a lawyer? If you meet with a McDivitt Law Firm attorney, you will get a free consultation about what happened. If the firm takes your case, it takes the weight of the paperwork and phone calls with the insurance companies away from you. When you have a McDivitt attorney working for you, you only need to focus on your recovery.

"I just wish I got McDivitt in the first place"

Once your McDivitt legal team is on your case, your attorney and case manager will begin the investigation of your claim. This includes all the things you no longer have to worry about, such as: 

  • Ordering and reviewing medical records
  • Reviewing the police report and other official records of the incident
  • Preparing a demand letter on your behalf in response to the accident
  • Begin the negotiation process with the insurance company

It might surprise you, but insurance companies will generally offer a very low settlement to start. That’s when your McDivitt legal team will fight to get you the money you deserve. Your legal team might go back and forth quite a bit with the insurance company until the insurance company agrees to pay what you deserve for your injuries, pain and suffering.

Most times, McDivitt attorneys are successful in getting a very favorable settlement for their clients through this negotiation process, as they were for Linda. “I was just in shock. I would recommend McDivitt Law Firm to anyone who has any kind of issue because they will talk with you, and they give you the faith and the confidence that they can make things right for you. And I appreciate how they worked everything out. I still can’t get over that.”

When a Case Goes to Court

There are other cases when the insurance company just does not get to a point that is satisfactory to McDivitt or its client. In those instances, the McDivitt attorneys will not hesitate to take the insurance company to court in order to get the money its client deserves. The firm will prepare to file a lawsuit on your behalf.

It’s hard to know what to expect when a client is involved in a lawsuit and headed to court with their legal team. McDivitt attorneys are highly trained to handle these cases, and even have a Trial Academy dedicated to ensuring they are expertly prepared to go to court.

While every case and client are different, there are some steps that occur in nearly every lawsuit filed. Below are just some of steps you can expect if your case goes to trial:

  • The case is accepted by the court after the filing and a judge is assigned
  • The discovery process begins, which consists of the attorneys from both sides asking written questions of the other party regarding the case. Additionally, it contains official requests for documents for each party to produce to the other in the case. 
  • Negotiations regarding the potential settlement of your case will be taking place throughout the entire process, but once the lawsuit is filed the negotiation process will continue to intensify depending on the parties’ positions in the case.
  • ADR Alternative Dispute Resolution is usually an option that is presented in order to not have to go to a formal trial. This includes Mediation or Arbitration.
    • Mediation
    • Arbitration

Once the case goes to trial, the case will be presented by both parties in front of a judge and jury. The case will eventually be decided by the jury, and if the jury rules in favor of the plaintiff (all McDivitt clients are considered plaintiffs), the jury will also assign a monetary value to the conclusion of the case.If at the end of the trial one side feels the case was decided incorrectly, an appeal can be made.

The legal team at McDivitt Law Firm is trained to handle every step of a case, from the initial phase of negotiating with the insurance company for a fair settlement, to taking the case to trial if a fair settlement is not reached, and appealing any cases that it feels are incorrectly ruled in favor of the defense. 

In such challenging times, seeking the guidance and support of experienced personal injury attorneys can make all the difference. The professionals at McDivitt Law Firm are here to lend a helping hand and ensure that you receive the legal representation you deserve.

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