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Written by: J. Todd Tenge

How Does a Personal Injury Lawsuit Work?

| Read Time: 2 minutes

If you have been injured due to the actions of another person, you have the right to file a personal injury claim for compensation. The process you go through will depend on the nature and extent of your injuries, the type of claim you have, and the specifics of your individual case.

Basic Process for Filing a Personal Injury Lawsuit in Colorado

Contact an attorney: Your first step is to speak with an experienced personal injury lawyer, for your best chance of recovering the compensation you deserve.

Start your case: Begin the initial process, with your lawyer investigating your accident, and let the other side know you intend to file a claim.

Discovery: The discovery process can take several months to a year or longer. It involves uncovering facts, obtaining, preserving, and creating documents, as well as performing depositions and taking witness statements, investigating discrepancies in accounts about what occurred, and it may also involve accident reconstruction or other research. Documents are exchanged with the other side, and a demand letter is submitted once enough supporting evidence and information has been obtained. You may need to wait for maximum medical improvement or prognosis from a medical expert.

Settlement negotiations: The settlement phase may involve negotiation, mediation, or arbitration. Most personal injury cases settle out of court.

Go to trial: If a settlement cannot be reached, a lawsuit can be filed to seek justice. Motions and other arguments will be presented to the judge separately from the jury. A settlement agreement could be reached at any point during the trial process.

Jury verdict: If you win your case, the defendant owes you the amount of damages awarded by the jury. The defense may appeal, which could lead to settling for a lower dollar amount than was awarded by the jury. If the appeal is successful, there may be a new trial or a settlement.

Collection: If you prevail in your personal injury claim, the next step is to collect the judgment. It may be paid in a lump sum or broken up into payments.

How Long Does It All Take?

Depending on the circumstances, a personal injury claim could take up to three years, from speaking with a lawyer initially to collecting your judgment. The amount of time the process takes can depend on several factors, including the complexity of the case, the amount of the damages, the defendant’s willingness to settle, how willing you are to wait for a better outcome, and the caseload of the court.

Why Choose Us To Handle Your Personal Injury Case?

  • At the Tenge Law Firm, LLC, we focus our practice exclusively on personal injury matters.
  • Our firm was founded in 1992 and is often used by medical providers and other attorneys when they or their family members suffer an injury.
  • We have a successful track record, recovering tens of millions of dollars for our clients.

If you have been injured in an accident that was someone else’s fault, call us at (303) 665-2929 to schedule a free consultation. We are dedicated legal advocates for injured Colorado people.

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