What is a contingent fee?
Contingent fee means that a percentage of the total recovery, if any, is paid to the lawyer. Contingent fees allow injured people to afford an attorney without paying them until the case is either settled, verdict obtained, or other resolution of the case is obtained.
After suffering injuries in a motor vehicle crash, will I have to sue the at-fault driver?
Sometimes. If the at-fault drivers insurance company is uncooperative, or offers an unacceptable amount for settlement, a lawsuit must be filed to protect your claims and to fully compensate you for your damages and losses.
How do I know if I need an attorney?
If you or a loved one has been injured due to the wrongful conduct of someone else, you need to consult with an attorney to determine if you have a claim as soon as possible. Sometimes evidence crucial to your case may be lost or destroyed if you delay in contacting an attorney. Under Colorado law, you also have a set period of time in which to file a suit, generally referred to as a statute of limitations. We recommend that you speak with one of our personal injury attorneys as soon as possible to make sure that your ability to bring a claim is not lost by a delay.
How much is my case worth?
There is no set rule for determining the value of a case. The value of a case is determined by the amount of damages suffered in the accident, including medical expenses, lost wages, potential loss of future earnings and earning capacity, as well as possible pain, suffering, and disfigurement. However, there are also additional damages that may be sought depending on the facts of the case. The value of a case can only be determined with a fact-specific inquiry into the case.
How long will it take to obtain a recovery in my case?
Our goal is to prepare your case for trial. In doing so, we are often halted by the defendant who attempts to settle the case because they know that we will likely prevail if the case is brought to trial. We believe that our settlement rate, prior to trial, is high due to the fact that the opposing side knows that we will be ready to try the case. Due to our settlement rate, you may obtain a recovery in your case sooner than you think. However, the length of time it takes to recover your damages really depends on the specifics of your claim..
Will I receive updates on the status of my case?
Yes. We, at the Bendinelli Law Firm, believe it is important to speak with our clients frequently about their cases. We also send you copies of relevant letters or pleadings filed with the court so that you can follow the progress of your case, as well as keep you apprised of any telephone communications had with insurance companies or opposing counsel or parties on your behalf.
I was hurt on the job, what should I do?
If you experience a life or limb threatening injury on the job, seek immediate medical attention at the nearest emergency room and then notify your supervisor in writing. A life or limb threatening injury means an injury that you believe threatens a portion of your body or your life in such a way that immediate medical care is needed to prevent your death or serious damage. In all other instances, notify your employer or supervisor that you have been injured before obtaining any medical care. All injuries, no matter how small, should be reported to your employer.
If your employer has designated a medical provider before or at the time of the injury, you will be required to see that provider for medical care. If you choose to seek your own medical care, it may result in nonpayment of medical benefits and you may be liable for your medical costs. If your employer does not direct you to a medical provider, you may seek treatment from the provider of your choice.
By law, you must notify your employer in writing within four working days of an injury, even if you have advised them verbally. If you do not report your injury to your employer in writing within four working days, you may be penalized and lose up to one day's compensation for each day's delay, provided that your employer has posted a sign requiring four days' written notice. You may still, however, file a claim for benefits even if you are late reporting the injury to your employer.
The insurance company has not responded or has denied my claim. What are my options?
The insurance company may deny your claim for a variety of reasons. If this happens, you should contact the adjuster for the insurance company to discuss this decision. Sometimes a claim is denied because the insurance adjuster does not have complete and accurate information. You may be able to supply important information to assist the process. An insurance company may also deny a claim if the adjuster has reason to believe that the injury is not work related or if it is believed that further investigation is necessary.
If the workers' compensation insurance company denies your claim, you may be responsible for all medical bills associated with the illness or injury. You may then be eligible for coverage through your private healthcare insurance policy. If you feel your claim has been incorrectly denied, there are several options available to you. For more information on these options and the time limits that must be followed, contact the Division of Workers' Compensation at 303.318.8700 or 800.390.7936
Can I choose my own doctor for an on-the-job injury?
Your employer has the right in the first instance to designate the medical provider that injured employees must use. If your employer does not do so at the time of the injury, you may choose your own medical provider.
After the claim is filed, the insurance company may request that you be examined by another doctor of its choice and at its expense. If you do not go to this examination, the insurance company may ask the Division of Workers' Compensation for permission to stop your benefits.
What happens after I file a claim?
After you file a claim, your employer/insurer has 30 days to admit or deny liability by filing either a General Admission of Liability (GAL) or a Notice of Contest (NOC), respectively.
If you receive a GAL, double-check the information (i.e. average weekly wage) to ensure its validity as well as continue with your medical treatment. If you feel that you are not receiving the correct proper, consult with legal representation.
If you receive a NOC, you have 45 days to file for an Expedited Hearing date, or you can file for a hearing to be set within the usual time limits. We highly recommend consulting with an attorney at this point.
What types of compensation am I entitled to?
There are essentially three prongs to recovery under the workers' compensation system. Anything outside these areas is not recoverable. However, if a third party is involved (i.e. auto accident), you may be entitled to a separate claim for additional recovery. Please consult with legal representation immediately, as there is a time limit to file third party claims.
The three areas to know:
1) You are entitled to reasonable and necessary medical care by the medical provider of the employer's choice for any work-related injury. You can request a change of doctor via letter to your employer/insurer. They have twenty (20) days to respond. If no response is received, you are granted your request;
2) You are entitled to monetary compensation equal to two-third of your average weekly wage (AWW), if the injury is such that it could cause you to miss 3+ days of work. Your AWW is calculated using your payroll records for the preceding 90 days. If you are not able to work (temporary total disability � TTD), you should receive the full two-third payment. If you are able to work with some restrictions (temporary partial disability � TPD), your employer must find another job for you and pay you the difference until it equals the two-third of your AWW; and
3) You are entitled to another monetary award when you are released from medical care, placed at maximum medical improvement (MMI), and have permanent partial disability (PPD). Your treating doctor will place you at MMI and assign you an impairment rating. There are two types of impairment ratings: (1) whole person impairment and (2) scheduled impairment ratings. Whole person impairment ratings are assigned to injuries to the head, neck, back and torso. (This rating is applied to a formula dictated by statute to equal your PPD payout.) Scheduled impairment ratings are assigned to injuries to the extremities and are applied to a formula dictate by statute.