About the Firm Personal Injury Practice
The firm handles serious personal injury cases involving death, spinal cord injuries, and other major injuries arising from accidents, unsafe premises and other dangerous conditions.Robert W. Hutchinson has had the privilege of representing clients in such cases for over 20 years, and has developed a wealth of experience during that time, both in negotiations of settlements and the courtroom. His prior experience representing insurance companies further empowers the client, because in the end, the opposing party is almost always an insurance company.
These cases can be done on a contingent fee basis, and there is no charge for the initial consultation.
Our clients are not just a face in the crowd; rather, their cases are handled with the commitment, diligence and the personal attention that they deserve – and they do deserve it, since the course of the client’s life depends on it.
Cases
Jack's Case Dick's Case FAQ'sJack's Case
Jack had retained two experienced lawyers after being involved in an accident, but almost two years later, with the time to file suit running out, they had received no offers. After being retained, I filed suit and six months later settled the case for an amount in the mid six figures.Dick's Case
Dick was rear-ended in a vehicular accident and retained me. After a short period of time, he wanted to settle, which could have been done for somewhere in the area of $25,000. I advised him to wait, since other injuries often tend to manifest themselves as time goes on, and this in fact happened. I filed suit and the case was later settled in the mid six figure range.COLORADO PERSONAL INJURY DISCUSSION AND FAQ
Introduction to personal injury in the the state of Colorado
The so-called Colorado “No-Fault” statute has been repealed, and what this means for people is that where there is a vehicular accident, there will be no automatic benefits paid from the other driver’s insurance company, as in the past. For example, under “No-Fault” the typical policy provided for $50,000 in medical coverage, for lost wages up to a certain amount, and so on.
Now, the medical bills must initially be paid by the other driver’s insurance, which is typically up to $25,000, and then from your own health insurance coverage.
However, assuming that the other driver is legally liable, you can recover these costs from that driver, or from the other driver’s insurance company, either when the claim is settled or when a verdict is returned.
The idea of damages is to restore the person to where he or she was before the accident, and this often includes damages for medical bills, permanent injury, physical impairment, pain, suffering, and loss of enjoyment of life. There are limits or “caps” on damages, generally in the amount of $366,250, which can be doubled by the court, for so-called “non-economic damages,” unless the case is one for medical malpractice, in which event the cap is $250,000. Punitive damages can be awarded where there is aggravated conduct, and this is generally limited to one times the amount of the total of the other damages, although in some cases it can be for more, up to three times the compensatory damage amount. Another aspect of damages is that of pre-judgment interest, and this can be added to the totals.
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What are the time limits?
The time to bring an action can vary, depending on what kind of case it is. A wrongful death case arising under state law for example, must generally be brought within two years. A major exception is when a public entity, like a city or state is involved, in which case a special notice must be given within 180 days, and failing that the right to sue is forfeited. A negligence case not involving death must be brought within two years, unless it involves the operation of a motor vehicle, in which case, the general time period is three years. Keep in mind that the same 180 notice is required in these cases as well, where a public entity is involved, which again must be timely given or else the claim is lost.
The idea of liability of the other party does not stand alone. The liability of both, or if more than two parties are involved, is taken into account and sorted out, reducing the total recovery. For example, if Defendant’s fault is 90%, and Plaintiff’s fault (the party making the claim) is 10%, then the claim or verdict is reduced by 10%. Fault and damages are allocated proportionately, until the 50% level is reached, and once that happens, then the Plaintiff loses his or her right to recover damages altogether.
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Should I settle quickly?
Generally, it is better not to do so, for the reason that many injuries worsen over time, and other injuries are not immediately obvious, such that even the doctors involved may not be able to make a definitive diagnosis for a period of time.
The reality is that many insurance companies will try to settle the claim quickly, and in so doing, reduce their risk by resolving the matter before the damages get worse.
However, once things do go beyond that point, many insurance companies take the opposite tack, which is to delay payment or settlement. Why? The answer is simple. They want to use the “float.” Companies collect insurance premiums but typically don’t have to pay out the lion’s share of the money for claims until sometime in the future. So during this time, the insurance companies invest the money – this is called the float. The float is so significant that insurance companies often will write coverage that is below cost just so that they can get the float to invest. Stretching out the time to pay claims increases the float, and has helped make Warren Buffet, Allstate, and State Farm, to name a few, the financial powerhouses that they are. What this means to you is that resolution of your claim will probably be delayed.
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How much time does it take?
It varies, but the usual case will take one to two years, depending on whether a diagnosis can be made and how long and effective the treatment is. Certainly some cases can be settled more quickly; all in all, the settlement timeframe is case specific.
What things are important on the damage side of the case? Whether any of the injuries are permanent, and if they are, whether any of them make a major impact on the quality of life or earnings, are two key questions. On the other hand if the injury is minor and the condition a temporary one, then monetary compensation is commensurately less.
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Is it enough to have fault and injury?
No. There must be a connection between the two; in other words, the fault of the other party must be a cause of the injury. Notice that it does not have to be the only cause, but a cause – a significant factor in causing the injury. So, in general - there are exceptions – there must be the three elements of fault, damages, and the so-called “causal” connection to maintain an action.
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What things can be done right away?
The matter can be investigated to find out and to nail down the facts of the case. You can be sure the insurance companies will do exactly that, and will do it at the earliest possible time. Statements from witnesses should be obtained. Photos of location, vehicles or other relevant items should likewise be taken.
If the other party does not have adequate insurance, do I have other options of recovery. Yes. If the other party is an employee, acting within the scope of his or her employment, there can be recovery against the employer. And as you can imagine, there can be several variations on that theme, depending on the relationships involved. If you have “uninsured” or “underinsured” insurance coverage, so-called “UM coverage,” then it can be a source of funds to pay for damages, where the other party has no insurance or inadequate insurance.
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Is it important to notify your insurance company of any accident?
Yes, generally the insurance policies require prompt notification, and while many of the harsh effects on not giving timely notification have been done away with by a recent Colorado Supreme Court decision, it nonetheless is a good idea to notify the insurance carrier promptly, which precludes the insurance company from claiming it can avoid payment on the basis that it was injured by not receiving notice of the accident in a “timely” manner.
How is a claim evaluated by the insurance company? The first thing the company considers is whether their insured is at fault, and if so, how much – slightly at fault, a lot, or somewhere in between. “Causation” is considered – did its insured cause the damages or were the damages caused by something else? What are the nature and extent of the damages. What sort of witnesses will the parties make? Strong or weak? Likeable or unlikeable? What is the “exposure” which is simply another way of saying, what is the risk – the dollar liability - to the insurance company? The risk is ultimately gauged by what a local jury would likely award, although in the preliminary stages, some insurance companies actually evaluate some cases by using in-house software programs, which often generate figures below the real value of the case.
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What are Colorado juries like?
This could be answered by saying, compared to what? Colorado is not a “runaway jury” state, and its juries typically don’t render verdicts on the same large scale as say, New York, Florida, California, Texas or Mississippi. The massive verdicts that people read about are not Colorado ones, nor are what insurance industry advocates call “frivolous lawsuits,” a problem in Colorado.
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