Will I Have To Go To Court For My Personal Injury Claim in Colorado Springs?

When people think about injury lawsuits, they have nightmares about long court cases building on the stress and pain they’re already facing. They wonder if that’s their only option, especially when the insurance company tries to challenge their claim and refuse payment.

In general, the good news is that for the most part these cases never go to court, nor should they have to. Read about the process of an injury lawsuit, how it usually proceeds, and why it’s usually not in anyone’s best interest to take it all the way to court.

How Injury Lawsuit Proceeds

When you’re hurt and it’s someone else’s fault, you need to be able to demonstrate negligence. This means that someone else was acting in a way contrary to the way a reasonable person would act in a given situation, that their behavior resulted in an accident and that accident caused your injury.

The case begins when you file an injury lawsuit and issue a demand letter outlining the pain you’ve suffered, your costs and the compensation you expect to receive. After this, the insurance company will try to punch holes in your case and either refuse payment or make a (usually very low) counteroffer. From there it’s a circumstance of back-and-forth until your attorneys and those of the insurer arrive at a mutually-acceptable settlement.

Why Cases Don’t Go to Court

It’s very rare for a lawsuit to actually progress to court. There are a number of reasons for this, not the least of which is that it’s not beneficial for either side to end up before a judge. Doing so can be expensive and cost a great deal in terms of losing control of your settlement, as well as drag things out for years.

All or Nothing

In essence, a court case is a situation of “all or nothing.” That means that a judge is either going to issue the prosecution everything they ask for, or nothing at all. Both sides stand to lose a great deal in such a circumstance.

The Cost of Court

In addition, court cases can be very costly, especially for the loser. Even if your attorney is working on contingency as most personal injury lawyers do, you’ll still have to pay potentially expensive court fees if you lose the case. If the defendant loses, they’ll have to pay those fees plus your compensatory demands.

Dragging out the Case

Finally, when you go to court after the judge issues a verdict that doesn’t necessarily mean the end of things. Both you and the defendant can appeal the decision, and the appeals process can take months or even years, meaning expenses rise and worse, it could be a long time before you see any money.

Colorado Personal Injury Attorneys

Your best bet, not only to win your case but to ensure it doesn’t go to court, is to call upon a Colorado personal injury lawyer for help. Injury lawyers are experienced at negotiation and in protecting your rights the entire way. If you’ve been hurt and need help with your case, contact the lawyers at Heuser & Heuser today. Let us get you started on the road to compensation.

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Frequently Asked Questions

There are a variety of things we look at when evaluating your case and determining its value. We look at how the accident occurred. We look at what sort of injuries you sustained. Do you have a permanent injury that will last the rest of your life? Are you going to have future medical bills? We look at lost wages. Did you lose your job? If you have permanent work restrictions as a result of the accident, you may not be able to find a job very easily in the future. These are some of the factors that we look at in evaluating a claim. Every case is unique and different. That’s why at our law firm, every case gets personal attention from the lawyer when it comes time to evaluate.

Insurance companies are in business for a reason: to make money. Anytime they are paying money on a claim, it means less money to their bottom line. They have literally hundreds of adjusters and hundreds of lawyers who are on their side trying to figure out how to prevent money from leaving their checkbooks. Quite frankly, you do need a lawyer to help you through this because your lawyer will make sure you’re properly compensated.

Cases settle before going to trial 80 to 90 percent of the time. However, that doesn’t mean there’s not a lot of work involved in getting a case settled outside of court. Sometimes you have to file a lawsuit and do a lot of what I call “legal maneuvering” to get a case settled. That means we take depositions from witnesses to the accident, from police officers, and from your doctors. But, yes, most cases will settle prior to trial.

We do get good results for our clients. We have settled hundreds, if not thousands, of cases where we’ve had large settlements. We’ve had substantial verdicts. We go to the mat for our clients if necessary. We’ll appeal cases. We’ll do whatever it takes to make sure our client is taken care of.

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Questions Or Schedule A Free Appointment? Click To Call (719) 520-9909

No Fee Unless You Win

Questions or Schedule A free Appointment? Click to Call (719) 520-9909

Our Attorneys

Attorney Gordon Heuser | Heuser & Heuser | Colorado Springs

Gordon J. Heuser, Esq.

Attorney

As a Colorado Springs native, Gordon has been practicing in Southern Colorado for 35+ years.…

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Barkley D. Heuser, Esq.

Attorney

Barkley Heuser is a Colorado native, and has lived in Colorado Springs for over 59…

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Brennan Heuser | Personal Injury Attorney | Colorado Springs

Brennan D. Heuser, Esq.

Attorney

Brennan Heuser is a Colorado Native who graduated from the University of Miami, Fl with…

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