Personal injury cases can be complex and emotionally challenging experiences for individuals who have suffered harm due to someone else’s negligence. When seeking justice and compensation in Fremont County, Colorado, understanding the legal fees associated with personal injury cases is crucial. One common arrangement is the contingency fee agreement, which plays a significant role in making legal representation accessible to those who may otherwise be unable to afford it.

What is a Contingency Fee Agreement?

A contingency fee agreement is a payment arrangement between a personal injury lawyer and their client. In Fremont County, CO, as in many other jurisdictions, personal injury attorneys often work on a contingency fee basis. This means that clients do not have to pay upfront legal fees, and the attorney only collects a fee if they successfully secure compensation for the client through a settlement or a court judgment.

How Does a Contingency Fee Agreement Work?

No Upfront Costs

Under a contingency fee agreement, clients are not required to pay any upfront costs for legal services. This provides an opportunity for individuals with limited financial means to pursue a personal injury claim without worrying about immediate financial burdens.

Percentage of Recovery

Instead of billing clients by the hour, personal injury lawyers take a percentage of the compensation recovered in the case. This percentage is agreed upon and outlined in the contingency fee agreement. Typically, it ranges from 30% to 40%, although the specific percentage may vary depending on the complexity of the case and other factors.

Risk for the Attorney

Working on a contingency basis places some financial risk on the attorney. If the case is unsuccessful, the attorney does not receive a fee. This arrangement aligns the interests of the attorney and the client, as both parties benefit from a successful outcome.

Advantages of Contingency Fee Agreements

Access to Legal Representation

Contingency fee agreements make legal representation accessible to individuals who might not be able to afford the high costs associated with hiring a personal injury attorney on an hourly basis.

Motivation for Success

Attorneys working on a contingency basis are motivated to obtain the maximum compensation for their clients since their fees are directly tied to the outcome of the case.

Risk Mitigation for Clients

Clients are not burdened with the financial risk of pursuing a personal injury claim. If the case is unsuccessful, they are not obligated to pay legal fees.

In Fremont County, CO, as in many other jurisdictions, contingency fee agreements play a vital role in ensuring access to justice for those who have suffered injuries due to negligence. These agreements provide a fair and accessible way for individuals to seek compensation without the financial barriers that often accompany legal representation. If you find yourself in need of a personal injury attorney in Fremont County, discussing the terms of a contingency fee agreement can be a crucial step in moving forward with your case.

How can The Bussey Law Firm help you if you have personal injury case in Fremont County, CO? 

At The Bussey Law Firm, we understand that suffering a personal injury can be a life-altering experience. Whether you’ve been involved in a car accident, slip and fall incident, or any other circumstance where negligence has led to harm, our dedicated team is here to help you navigate the legal process in Fremont County, Colorado. With years of experience and a commitment to client advocacy, we stand ready to fight for your rights and pursue the compensation you deserve.

How We Can Assist You

Free Initial Consultation

The journey toward justice begins with understanding your unique situation. We offer a free initial consultation where we can discuss the details of your case, evaluate its merits, and provide you with a clear understanding of your legal options.

Comprehensive Case Assessment

Our seasoned personal injury attorneys will conduct a thorough assessment of your case, gathering evidence, interviewing witnesses, and collaborating with experts to build a compelling and strong case on your behalf.

Aggressive Negotiation

The Bussey Law Firm is committed to achieving the best possible outcome for our clients. We will engage in aggressive negotiation with insurance companies and opposing parties to secure a fair settlement that compensates you for medical expenses, lost wages, pain and suffering, and other damages.

Trial-Ready Representation

If a fair settlement cannot be reached through negotiation, our skilled trial attorneys are prepared to take your case to court. We have a proven track record of success in the courtroom, and we will tirelessly advocate for your rights before a judge and jury.

Transparent Communication

We understand that communication is key during legal proceedings. Our team is dedicated to providing transparent and timely updates on the progress of your case, ensuring that you are informed and empowered throughout the entire process.

Contingency Fee Structure

To alleviate financial concerns, The Bussey Law Firm operates on a contingency fee basis. This means that you only pay legal fees if we successfully secure compensation on your behalf. We are invested in your case’s success and share the risk with you.

Compassionate Client Support

Dealing with a personal injury is not just a legal matter; it’s a personal one. Our team is committed to providing compassionate support to you and your family during this challenging time. We are here to answer your questions, address your concerns, and guide you through every step of the legal process.

If you find yourself facing the aftermath of a personal injury in Fremont County, CO, The Bussey Law Firm is here to advocate for you. Our experienced attorneys bring a combination of legal experience, tenacity, and compassion to each case, ensuring that you receive the representation you deserve. Contact us today to schedule your free consultation and take the first step toward securing the compensation and justice you need to move forward.

The post What Is a Contingency Fee Agreement in Fremont County, CO Personal Injury Law? appeared first on Colorado Springs Attorneys.

What is a Personal Injury Case?

A personal injury case in Colorado arises when someone is harmed due to another party’s careless or intentional actions. It’s a legal dispute in which the injured person (the plaintiff) seeks compensation from the at-fault party (the defendant) for the injuries they’ve suffered. The main goal of a personal injury case is to hold the responsible party accountable and ensure that the injured person is fairly compensated for their losses.

Types of Personal Injury Cases in Colorado

Personal injury cases in Colorado can encompass a wide range of accidents and incidents, including:

Car Accidents

These are among the most common types of personal injury cases. If you’ve been injured in a car accident due to another driver’s negligence, you may be entitled to compensation for medical bills, lost wages, and pain and suffering.

Slip and Fall Accidents

Property owners have a duty to maintain safe premises. If you slip, trip, or fall on someone else’s property due to their negligence, you may have a valid personal injury claim.

Medical Malpractice

When healthcare professionals fail to provide the expected standard of care, resulting in harm to the patient, it can lead to a medical malpractice case.

Dog Bites

Colorado has strict liability laws when it comes to dog bites. If you’re bitten by someone else’s dog while lawfully on their property or in a public place, you may be entitled to compensation.

Product Liability

If you are injured due to a defective or dangerous product, you may have a product liability claim against the manufacturer, distributor, or retailer.

Premises Liability

Property owners can be held liable for accidents that occur on their property if they fail to address hazards or provide proper warnings.

The Personal Injury Claim Process

If you believe you have a personal injury case in Colorado, here are the basic steps involved in pursuing a claim:

Seek Medical Attention

Your health should always be your top priority. Seek immediate medical treatment for your injuries and document all medical records and bills.

Gather Evidence

Collect evidence related to your accident, including photographs, witness statements, and any relevant documents.

Consult an Attorney

It’s highly advisable to consult with a Colorado Springs personal injury lawyer who can evaluate your case, provide legal advice, and guide you through the process.

Negotiation

Your attorney will typically negotiate with the at-fault party’s insurance company to reach a settlement. If a fair settlement cannot be reached, your case may proceed to trial.

Litigation

If necessary, your attorney will file a lawsuit and represent you in court. The litigation process can be lengthy, but your lawyer will work to protect your rights and seek the compensation you deserve.

A personal injury case in Colorado is a legal dispute that arises when someone is injured due to another party’s negligence or intentional actions. These cases encompass a wide range of accidents, and pursuing a claim involves several steps, from seeking medical attention to consulting with an attorney and possibly going to trial. If you find yourself in such a situation, it’s essential to understand your rights and options and seek legal guidance to ensure a fair outcome. Remember that each case is unique, so consulting with an experienced personal injury lawyer is crucial to determine the best course of action for your specific circumstances.

At The Bussey Law Firm, P.C., we understand that facing a personal injury can be a challenging and overwhelming experience. When you or a loved one has been injured due to someone else’s negligence, you deserve experienced and dedicated legal representation to ensure that your rights are protected and that you receive the compensation you deserve. In this blog post, we’ll outline how our firm can assist you with your personal injury case in Colorado and why choosing us can make a significant difference in the outcome of your case.

Our Experience in Personal Injury Cases

With over two decades of experience in personal injury law, our team at The Bussey Law Firm, P.C. has successfully represented countless clients in Colorado who have suffered injuries in various types of accidents. Our experience covers a wide range of personal injury cases, including:

Car Accidents

Whether you were injured in a car crash, a motorcycle accident, or a truck collision, we have the knowledge and resources to build a strong case on your behalf.

Slip and Fall Accidents

We have a proven track record of holding property owners accountable for negligence in maintaining their premises, ensuring that our clients receive fair compensation for their injuries.

Medical Malpractice

Our experienced attorneys can navigate the complexities of medical malpractice cases to help you seek justice if you’ve suffered harm due to substandard medical care.

Dog Bites

Colorado has strict laws regarding dog owner liability, and we can help you pursue compensation if you’ve been bitten or attacked by a dog.

Product Liability

When you’ve been injured by a defective product, we will work tirelessly to hold manufacturers, distributors, and retailers accountable for their negligence.

Premises Liability

Our team can investigate accidents that occur on others’ property to determine liability and seek compensation for your injuries.

How We Can Assist You

Personalized Legal Strategy

We understand that each personal injury case is unique, and we will develop a personalized legal strategy tailored to your specific circumstances. Our goal is to maximize your compensation while minimizing the stress and burden on you and your loved ones.

Thorough Investigation

We conduct a comprehensive investigation into your accident, collecting evidence, interviewing witnesses, and working with experts to build a strong case on your behalf.

Negotiation and Settlement

Our skilled negotiators will tirelessly work with insurance companies and opposing parties to achieve a fair and just settlement. We will not settle for less than what you deserve.

Trial Advocacy

If a settlement cannot be reached, our experienced trial attorneys are prepared to take your case to court and advocate vigorously on your behalf.

Compassionate Support

Throughout the legal process, we provide compassionate support to you and your family, ensuring that you are well-informed, supported, and protected.

When you’ve been injured in a personal injury case in Colorado, The Bussey Law Firm, P.C. is here to provide the legal representation you need to secure the compensation you deserve. Our extensive experience, dedication, and personalized approach make us the right choice to fight for your rights and advocate on your behalf. Don’t face this challenging time alone – let us help you on the path to justice and recovery. Contact us today for a free consultation and take the first step toward a brighter future.

The post What Is a Personal Injury Case in Colorado? appeared first on Colorado Springs Attorneys.

When a driver is impaired by alcohol, their vehicle becomes a deadly weapon. Intoxicated drivers are physically and cognitively incapable of safely operating a motor vehicle and making the best decisions.

If you or a loved one was harmed by a DUI driver in Colorado Springs, you have the right to seek damages to cover the costs of your medical treatment and other expenses caused by the accident such as time missed from work.

The Physical and Cognitive Effects of Drinking

Operating a motor vehicle is a privilege in Colorado, and that’s why all drivers must successfully complete a driving test and pass a written examination before receiving their license. Driver awareness instruction that includes valuable information about the dangers of drunk driving is legally required for teens under 16 years old seeking a learner’s permit, and it’s strongly encouraged for all new drivers.

In Colorado, it is illegal to drive with a blood alcohol content (BAC) of 0.08 percent or higher. Drivers of commercial vehicles are held to an even higher standard. A Colorado commercial driver’s license (CDL) will be suspended or revoked if a driver exhibits a BAC of 0.04 percent or higher.

Alcohol damages a driver’s ability to safely operate a motor vehicle in the following ways:

• Coordination. Your feet, legs, eyes, arms, and hands must all be working in unison to safely operate a motor vehicle. The loss of muscle control and overall coordination that results from alcohol consumption renders the driver incapable of safely controlling a large piece of heavy machinery.
• It’s crucial for a driver to make safe decisions. By choosing to get behind the wheel of a car after drinking too much, the inebriated driver has already demonstrated they aren’t fit to be driving. Intoxicated drivers go too fast, are easily distracted, and take unnecessary risks.
• Visual acuity. Alcohol impairs your visual perception in several ways, damaging depth perception and limiting the ability to follow moving objects. Drunk drivers have difficulty determining how far an object is away from them, and blurred or double vison often results from alcohol intoxication.
• Reaction time. By interfering with the body’s ability to process and relay information, alcohol makes it much more difficult to react to constantly changing road conditions and situations that may arise.
• Drowsiness. Alcohol is a depressant that has a sedative effect on users. Drunk drivers often become drowsy without even realizing it, and this can even cause them to fall asleep while driving.

How Your Colorado Springs Personal Injury Lawyer Can Help After an Accident

Every citizen has a duty of care that legally obligates them to avoid careless behavior that could reasonably be expected to harm others. An intoxicated driver is violating the duty of care and putting you and your loved ones at risk.

To determine liability, your Colorado Springs personal injury attorney will conduct a thorough investigation of the accident. This will include the following types of evidence:

• Police reports
• Medical records
• Physical evidence
• Accident scene photos
• Surveillance video
• The driver’s BAC results
• Witness interviews

You Have the Right to Seek Damages for Your Injuries

A drunk driver who crashes a vehicle may be held liable for the injuries they cause. The driver’s insurance company will probably offer you a lowball settlement, but you have the right to seek a settlement that covers the true cost of your injuries.

Your personal injury attorney will file a claim on your behalf. If the insurance company isn’t willing to make a reasonable offer, the experienced trial attorneys at The Bussey Law Firm, P.C. are always prepared to take them to court.

A claim for injuries caused by a drunk driving accident includes the following types of damages:

• All medical expenses
• Ambulance transport
• Pain and suffering
• Medications
• Lost wages
• Disfigurement
• Occupational therapy
• Reduced enjoyment of life
• Rehabilitation
• Wrongful death

Were You Injured by a Drunk Driver?

The person who carelessly harmed you should have to pay for it. At The Bussey Law Firm, P.C., we’ve been fighting to protect the people of Colorado for over 25 years. Our Colorado Springs attorneys will fight tirelessly for the justice you deserve.

Regarding his outstanding legal service, head attorney Timothy Bussey was selected as a Fellow by the Litigation Counsel of America. He received the Gold Client Champion Award from Martindale-Hubbell and was featured in Super Lawyers Magazine.

Call (719) 475-2555 to schedule a FREE consultation today.

The post How Does Alcohol Physically Impair the Ability of Drivers appeared first on Colorado Springs Attorneys.

How Does Failure to Have Your Lights On Affect Liability?

If failure to use headlights causes an accident, the at-fault driver may be liable for the crash. Liability in personal injury claims is generally based on negligence. Actions of drivers that violate traffic rules, such as speeding, running red lights, or driving after dark without headlights, constitute a breach of duty of care and negligence.

Why Are More Motorists Driving Without Headlights These Days?

The main reason more drivers are driving without headlights after dark comes down to the digital dashboards on newer vehicles. In the past, analog gauges on dashboards were only illuminated when the headlights were on. This made it obvious to drivers if they forgot to turn on their headlights after dark. In newer vehicles with dashboard lights that stay on day or night, drivers no longer have this reminder. Daytime running lamps in newer vehicles are another factor because they light the roadway, causing drivers to believe their headlights are on.

What Can Happen When You Encounter a Phantom Vehicle on the Road?

When a driver neglects to turn on the headlights at night, other drivers may not be able to see the vehicle. Visibility is a major factor in avoiding nighttime crashes. Rear-end collisions, T-bone accidents, and other types of wrecks are more likely to occur when motorists are driving without their lights on.

What Compensation Is Available for a Crash Caused by a Driver in a Phantom Vehicle?

If you were injured in a crash caused by a driver who failed to turn on the vehicle’s headlights after dark or in limited visibility conditions, you may be able to file a claim with the at-fault auto insurance company or file a lawsuit against the driver in civil court. Common damages in serious car accident claims include:

• Past and future medical expenses
• Lost wages or earnings
• Loss of future earning potential
• Pain and suffering
• Emotional distress

How Can a Colorado Springs Car Accident Attorney Help?

Insurance companies are in business for profit; the more they pay out in claims, the less profit they make. They will likely make a lowball settlement offer that falls far short of covering all your losses. We advise you not to accept any settlement, sign anything, or make any recorded statements to insurance company representatives without first consulting with an experienced personal injury lawyer.

Our Colorado Springs car accident lawyers can thoroughly investigate your accident to determine fault and liability and secure evidence to support your claim. We can accurately assess the full extent of your damages, build a strong case based on the evidence, and negotiate skillfully with insurance companies on your behalf. If necessary, we can fight effectively in court for the compensation you deserve.

At The Bussey Law Firm, P.C., we are committed to aggressively representing the rights of our clients. We will fight for fair compensation after a crash caused by someone else’s negligence. Contact us at (719) 475-2555 if you have been hurt in an accident caused by a phantom vehicle to get a skilled Colorado personal injury attorney on your side.

The post What Is a Phantom Vehicle and Why Are They So Common? appeared first on Colorado Springs Attorneys.

Defining Loss of Consortium

The support and comfort spouses offer one another is unique. In some cases, injuries sustained in an accident could severely impact the relationship between spouses, robbing them of physical intimacy, protection, care, or even the ability to have children. Recoverable damages in loss of consortium claim include:

• The loss of services your spouse provided, such as household work and childcare
• The cost of providing caregiver services for your spouse
• Financial compensation for the loss of companionship, affection, and sexual relations with your spouse

Loss of consortium can occur in many ways in a personal injury case. For example, if your spouse suffered injuries in a car accident that caused permanent paralysis, you may be unable to reestablish a normal relationship. Not only would this impact physical intimacy, but your spouse may no longer be able to manage housework or personal care independently. If you share children, you would need to provide the care they need without the help of your spouse.

Factors Considered in Loss of Consortium Claims

There are several factors considered in a loss of consortium claim. When determining how much should be awarded to a spouse, a jury or judge will examine the following:

• The length of your marriage
• The life expectancy of you and your spouse
• The severity of the injuries your spouse suffered
• How your spouse’s injuries impact their ability to perform duties, functions, or the interactions they were previously capable of performing

Evidence Needed for a Loss of Consortium Claim

A substantial amount of evidence is needed to support a loss of consortium claim. The same evidence may also be used in a wrongful death lawsuit if your spouse died as a result of their injuries. Necessary evidence to recover compensation for your loss of consortium includes:

• You will need a valid legal marriage at the time of the injury.
• Your spouse’s injuries must have been caused by another person’s negligence or intentional act.
• You must explain how your relationship with your spouse changed as a result of their injuries. It is often a difficult step in the process due to the amount of detail that must be provided.
• The life expectancies of you and your spouse will need to be analyzed to determine the value of your claim.

Loss of consortium falls under the category of non-economic damages, which means the awarded amount can be capped under Colorado law. An experienced attorney will work to maximize the amount of compensation you receive.

Our Colorado Springs Personal Injury Team Can Provide the Help You Need

At The Bussey Law Firm, P.C., we understand the difference proper compensation can make for you and your spouse during this difficult time. If you have decided to file a loss of consortium claim, seek the legal counsel of a skilled personal injury attorney as soon as possible to assure you attain the most favorable outcome.

Our Colorado Springs personal injury lawyers will provide the compassion, support, and knowledge you need to navigate this process as smoothly as possible. Contact our law office today at (719) 475-2555 to schedule a free consultation.

The post How Loss of Consortium Claims Work in Colorado Lawsuits appeared first on Colorado Springs Attorneys.

Amazon Drivers Under Pressure to Deliver

Amazon drivers are required to deliver 999 out of 1,000 deliveries on time, allowing for the smallest margin of error. If they make a mistake, resulting in delayed deliveries, it could potentially result in the loss of their job. Due to these high stakes, it is no surprise that drivers often take risks to meet Amazon’s high expectations. Reckless driving habits are not only a threat to the safety of these delivery drivers but to everyone around them. Negligent behaviors Amazon drivers engage in while performing their duties, such as:

• Speeding
• Driving while fatigued
• Ignoring traffic laws
• Running red lights and stop signs
• Driving aggressively

How Amazon Delivery Accidents Happen

Amazon’s practices and policies push drivers to work long hours and drive recklessly to meet the company’s expectations. As a result, Amazon delivery drivers often get involved in collisions, many of which cause serious, life-altering injuries. Some of the most common Amazon truck accident injuries include the following:

• Lacerations
• Broken bones
• Spinal cord injuries
• Traumatic brain injuries
• Permanent scarring
• Wrongful death

Amazon’s Auto Accident Policies

Amazon offers two delivery programs for their drivers, Delivery Service Partner (DSP) and Amazon Flex. DSPs are independent contractors who use Amazon-branded vehicles but are not Amazon employees, while Amazon Flex drivers use their own vehicles to make Amazon deliveries. Flex drivers are required to maintain additional insurance to cover their vehicles for commercial use. In Colorado, Flex drivers are also covered by Amazon’s Commercial Auto Insurance Policy when carrying out their deliveries.

What does this mean for you if you were injured in an accident caused by a driver rushing to make Amazon deliveries? Although Amazon may not be held accountable, that does not mean you cannot file a claim for compensation. You could pursue a claim against the third-party company that employs the delivery driver for both economic and non-economic damages, including:

• Medical expenses, including surgeries, medication, and assistive devices
• Lost wages and reduced earning capacity
• Property damage
• Pain and suffering, and emotional distress
• Loss of quality of life

It is important to contact an experienced Colorado Springs personal injury attorney who has what it takes to ensure you obtain the compensation you deserve.

Discuss Your Amazon Delivery Accident with a Colorado Springs Personal Injury Lawyer

If you sustained serious injuries in an accident caused by an Amazon delivery driver, don’t hesitate to get an experienced personal injury attorney on your side. At The Bussey Law Firm, P.C., our skilled personal injury team in Colorado Springs is committed to fighting for those who have been wrongfully injured.

Your attorney will build a strong case in your defense, fight on your behalf, and improve your chances of recovering monetary damages. We know how to get the results you need to get back on your feet. Reach out to our Colorado Springs firm today at (719) 475-2555 to schedule a free initial consultation and get started on your case.

The post Why Amazon Delivery Drivers Rush, Endangering Us All appeared first on Colorado Springs Attorneys.

Prior to going to law school, I worked for one of the largest insurance companies in the U.S. I was taught how to investigate and evaluate claims from the insurer’s perspective and, as well as how to examine the facts of accidents to determine who was at fault. Initially, I had very little authority and settled relatively minor claims. As I gained experience, I began to handle larger and more complex claims, including commercial and litigation claims. I learned how to negotiate from the insurer’s perspective. Over time, I lost interest in working for a large insurance company and decided to attend law school.

Using My Law Degree and Past Experience to Help People

After graduating from law school, I decided to step in a different direction. I chose to represent people rather than using my education to benefit large insurance companies. I found more satisfaction in helping people who had suffered physically, financially, emotionally, or materially through no fault of their own. I found that I could use what I had learned from working in the insurance industry to turn the tables and aid my clients by providing a unique perspective. Today, I continue to use what I was taught in law school, what I learned in the insurance industry, and my experience as an attorney to bring justice to my clients.

How Adjusters Deal with Your Claim

When an adjuster is assigned a claim, they first perform a basic investigation to determine the following:

1. Whether their policy covers the claimed loss
2. Whether their insured party is at fault
3. Whether the other party can be found at fault in any way
4. What types of injuries exist
5. How much the insurance company will have to pay

Make no mistake, an adjuster is looking to use any of these inquiries to minimize or flat-out deny your claim. That’s how insurance companies make money.

How Insurance Companies Use Comparative Negligence Laws to Make Money

Most states have comparative negligence laws. This legal doctrine allows a defendant or their insurer to hold the injured party partially liable for their own losses if their actions contributed to their injury. While significantly better than the old doctrine of contributory negligence, the comparative negligence rule is often a way to reduce a claim, even if only by a small amount. Insurance adjusters often use this “tool” to reduce what they are willing to pay. Even a small sum over a large volume of claims adds up to significant savings for the insurance company.

Investigating Claims and Protecting My Clients

When an adjuster tries to hold my client accountable to some degree, I take their investigation and begin deconstructing it, looking for incorrect assumptions or mistakes in logic. Whether it’s a car crash, a boating accident, drowning, a slip and fall or any other type of accident, I evaluate what truly set the chain of events in motion that injured my client. Most often, accidents don’t happen, and plaintiffs should not suffer the comparative negligence “penalty.”

How Insurance Companies Attack Claimed Injuries

The most often used strategy by insurance adjusters is to attack the claimed injuries. If the insurance company can successfully attack the severity, existence, or cause of the injury, the value of the claim can be greatly reduced. There are several ways adjusters can attack a claimed injury, such as:

Over Treatment

Insurance companys’ most frequently used tactic is arguing that the injured person sought too much treatment to inflate their claim. For example, adjusters often argue that a client went to a physical therapist too many times or that there was a gap in treatment, so the newer treatments must be from a new injury. This tactic leads to red-herring arguments.

Most people do exactly what their doctors and therapists tell them to do and follow the treatment plan prescribed. Adjusters are not medical experts and certainly have never examined my clients. It is not “overtreating” to do what your doctor advises.

Never let a claims adjuster overrule your doctor.

Minimizing Severity

Too often, adjusters look to minimize the severity of the injury or the pain that a client is enduring. Adjusters apply a “one size fits all” method to evaluate a claim, but not all people are the same. A broken arm or whiplash injury to an athletic, healthy 24-year-old does not have the same effect as it would on a 65-year-old retiree. The retiree will struggle significantly more with the injury, with a longer healing process and greater residual effects.

Preexisting Conditions – “Your Client Was Already Hurt.”

Insurance adjusters commonly argue that the injured person had preexisting conditions, most often in their neck or back. Therefore, their insured party did not cause the client’s injuries and pain. I hear this argument most often with older clients. Adjusters neglect to consider the client’s lifestyle before an accident as opposed to after. For example, many people enjoy skiing well into their 60s, but if a client can’t ski anymore after a collision due to newly developed back pain, they should be compensated for the loss of life enjoyment they suffered from the insured’s negligence.

How Insurance Companies Pay You Less So They Can Save More

I have worked in this field for 30 years and have experience on both sides. In evaluating my cases for settlement, I identify the area most likely to be attacked and the method the adjuster will use. Then, I develop a plan to successfully fight off the attack. It is essential to be aware of the ways an insurance company will attempt to pay a claimant less to save themselves money, some of which include the following:

Programmed Settlements

In the mid-1990s, many insurance companies started using computer programs to predetermine settlement ranges for various injuries. The most widely used program continues to be Colossus. Generally, Colossus works by evaluating types of injuries, like a herniated disk, and sets a baseline settlement range for that injury. Medical records are input into the system, and the program assigns a settlement range the adjuster follows. Most of the largest and best-known U.S. insurance companies use this system. The problem is that the range is only as good as the information the insurance company puts in or programs Colossus to consider. Insurance companies each set their own parameters and baselines. There are thousands of parameters, but insurance companies don’t use all of them. The insurance industry’s ultimate goal is to use Colossus to reduce claims costs and save money incrementally.

Colossus has caused problems for the insurance industry. In 2010, Allstate, arguably the biggest user of Colossus, agreed to pay $10,000,000 to 45 states for its misuse of the program and agreed to greater oversight. However, that didn’t stop them from continuing to use it.

One of the primary problems with Colossus is, like any computer program, it cannot account for the subjective nature of every claimant’s injury. Not every injury is the same, nor is every claimant. Additionally, many insurance companies tie the hands of their adjusters, giving them little to no authority to resolve a claim outside of Colossus’ range.

Low Ball Offers

Insurance companies are notorious for initially offering very little money to settle a claim, especially with an unrepresented party. They attempt to set a low settlement range by offering a claimant very little compensation and driving the negotiation closer to their number. This strategy can be defeated by an experienced Colorado Springs injury attorney who can recognize the negotiation style with skills learned over time. Never let an initial low offer intimate you into making large concessions to the adjuster.

Contact an Experienced Colorado Attorney: Don’t Fight Insurance Companies Alone

These are just some ways insurance companies attempt to pay a claimant less to save themselves more. If you’ve suffered an injury at the hands of another and are struggling with an insurance company to resolve it, you need an experienced attorney who understands insurance company tactics and knows how to fight back. Every claimant deserves just compensation, not a lowball, predetermined offer.

Call The Bussey Law Firm, P.C. at (719) 475-2555 so we can start protecting your future. I would appreciate the opportunity to discuss your case with you.

The post Why You Need an Attorney Who Knows How Insurance Companies Work appeared first on Colorado Springs Attorneys.

How Do Dashcams Work?

If you have a dashboard camera, it should be placed on the dashboard out of your line of sight while you are in the driver’s seat so as not to obscure your view through the windshield. A good place may be directly behind your rearview mirror. Dashcams record the road ahead and, in some cases, the interior of your car as you drive. They work by using your vehicle as a power source, recording video whenever the car is on. By recording continuously, they can capture footage of any unexpected situation or incident, such as a reckless driver running a red light, or a traffic stop on the road ahead.

These cameras are designed to record high-quality video, day or night, while your vehicle is in motion or parked. Most dashcams do not require you to manually start, stop, or save recordings. In many cases, saved footage can be uploaded to a cloud for storage and shared with the police, insurance companies, or your personal injury attorney after an accident or unexpected event.

How Can Dashcam Footage Help Your Injury Claim?

If another driver caused your accident and injuries, but liability is in dispute, dashcam footage can be invaluable to your case. It can be the best piece of evidence you have for establishing liability for the accident. For example, this footage could provide indisputable evidence regarding whether a traffic light was red, yellow, or green, who had the right of way, and where the vehicles involved in a crash were located. In effect, a dashcam can act as a witness to the events leading up to an accident.

What Are the Legal Options for Individuals Involved in Car Accidents?

If you have been injured in a crash caused by someone else’s negligence, you have the option to file a claim with an insurance company or to file a personal injury claim against the responsible party in civil court. With either means to recover compensation, dashcam footage can serve as evidence to support your claim. Our personal injury attorney can use this evidence of fault in negotiations with insurance company representatives for a fair settlement. We can also present it in court if your case goes to trial. It is important to seek legal representation to protect your rights after a serious Colorado Springs car accident.

Should You Consider Installing a Dashcam?

Dashcams are legal in Colorado, and their footage can provide significant evidence in a personal injury claim. If you do not already have a dashcam in your vehicle, consider installing one for protection in case of a crash caused by the negligence of another. If you have been involved in an accident and do not have a dashcam in your car, speak with an experienced personal injury lawyer about obtaining dashcam footage from another vehicle as evidence.

At The Bussey Law Firm, P.C., we give you personalized attention, focus on the specific facts of your case, and fight for the compensation you deserve. Our founding attorney is a seasoned trial lawyer with extensive experience handling personal injury matters. After a serious car accident that was someone else’s fault, contact us at (719) 475-2555.

As the name implies, dashcams are cameras mounted on the dashboard of your vehicle. They can record footage of the road ahead and, in some cases, record what is happening inside the vehicle. This footage can be a source of critical evidence to help you prove that the other driver was at fault for a car accident. Dashcam footage can be used as evidence in Colorado injury claims.

How Do Dashcams Work?

If you have a dashboard camera, it should be placed on the dashboard out of your line of sight while you are in the driver’s seat so as not to obscure your view through the windshield. A good place may be directly behind your rearview mirror. Dashcams record the road ahead and, in some cases, the interior of your car as you drive. They work by using your vehicle as a power source, recording video whenever the car is on. By recording continuously, they can capture footage of any unexpected situation or incident, such as a reckless driver running a red light, or a traffic stop on the road ahead.

These cameras are designed to record high-quality video, day or night, while your vehicle is in motion or parked. Most dashcams do not require you to manually start, stop, or save recordings. In many cases, saved footage can be uploaded to a cloud for storage and shared with the police, insurance companies, or your personal injury attorney after an accident or unexpected event.

How Can Dashcam Footage Help Your Injury Claim?

If another driver caused your accident and injuries, but liability is in dispute, dashcam footage can be invaluable to your case. It can be the best piece of evidence you have for establishing liability for the accident. For example, this footage could provide indisputable evidence regarding whether a traffic light was red, yellow, or green, who had the right of way, and where the vehicles involved in a crash were located. In effect, a dashcam can act as a witness to the events leading up to an accident.

What Are the Legal Options for Individuals Involved in Car Accidents?

If you have been injured in a crash caused by someone else’s negligence, you have the option to file a claim with an insurance company or to file a personal injury claim against the responsible party in civil court. With either means to recover compensation, dashcam footage can serve as evidence to support your claim. Our Colorado Springs car accident attorney can use this evidence of fault in negotiations with insurance company representatives for a fair settlement. We can also present it in court if your case goes to trial. It is important to seek legal representation to protect your rights after a serious car accident.

Should You Consider Installing a Dashcam?

Dashcams are legal in Colorado, and their footage can provide significant evidence in a personal injury claim. If you do not already have a dashcam in your vehicle, consider installing one for protection in case of a crash caused by the negligence of another. If you have been involved in an accident and do not have a dashcam in your car, speak with an experienced personal injury lawyer about obtaining dashcam footage from another vehicle as evidence.

At The Bussey Law Firm, P.C., we give you personalized attention, focus on the specific facts of your case, and fight for the compensation you deserve. Our founding attorney is a seasoned trial lawyer with extensive experience handling personal injury matters. After a serious car accident that was someone else’s fault, contact us at (719) 475-2555.

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Our team is proud of the success we have achieved, and we’re grateful to have the opportunity to give back to the community. That’s why we’re thrilled to announce the winner of our 2023 $1000 New Heights Scholarship.

Becca C. from Pittsburgh, PA

Becca, a lifelong lover of animals with a strong interest in science, is studying biology and chemistry at La Roche University in Pittsburgh. She plans to continue her education after college by attending veterinary school.

Becca has volunteered at animal shelters and rescues, and she is currently working as a veterinary assistant at a private practice. She’s deeply committed to helping pet owners improve the quality of life for the animals she loves.

We are confident that Becca will make a wonderful veterinarian. You can read her essay here.

We had over 1500 submissions for this year’s New Heights Scholarship. The Bussey Law Firm, P.C. would like to thank everyone who entered. We invite all eligible students to apply again next year.

Feel free to check our Facebook page for scholarship updates and other firm news.

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What Are Comparative Negligence Laws?

Comparative negligence allows a party to recover damages from another if their negligence was not greater than the other party’s. If they are partially at fault, they can collect but are only allowed to recover to the degree that the other party was at fault.

Colorado’s comparative negligence law is found in C.R.S. § 13-21-111. This statute provides: “contributory negligence shall not bar recovery in any action by any person or his legal representative to recover damages for negligence resulting in death or in injury to person or property, if such negligence was not as great as the negligence of the person against whom recovery is sought, but any damages allowed shall be diminished in proportion to the amount of negligence attributable to the person for whose injury, damage, or death recovery is made.”

How Relative Fault Factors In

Where two or more parties are at fault, a determination is made, allocating each party’s relative fault. In the car crash example, if the case were to go to trial, the judge or jury would first determine the total damages of the party seeking compensation. Then, they would determine the degree of fault for each party and apply that to the total damages. The comparative negligence doctrine statute, however, only comes into play when there is evidence that the party seeking damages bore some degree of fault.

For example, assume the party turning left’s total damages were determined to be $100,000. If he was found to be 70% at fault, he would not be able to collect any damages from the other party because he was more at fault than they were. If he was found to be 30% at fault, the damages he could recover would be reduced by 30%, or $30,000. As a result, he could only recover $70,000. If the other party was determined to be 100% at fault, then the driver seeking damages could recover the full extent of his damages, or $100,000.

How Juries Address Comparative Fault Claims

The typical Colorado jury instruction addressing comparative negligence cases is as follows:

We, the jury, present our Answers to Questions submitted by the Court, to which we have all agreed:

1. Did the plaintiff, (name), have (injuries) (damages) (losses)? (Yes or No)

ANSWER: _______

2. Was the defendant, (name), negligent? (Yes or No)

ANSWER: _______

3. Was the defendant’s negligence, if any, a cause of any of the (injuries) (damages) (losses) claimed by the plaintiff? (Yes or No)

ANSWER: _______

4. Was the plaintiff, (name), negligent? (Yes or No)

ANSWER: _______

5. Was the plaintiff’s negligence, if any, a cause of (his) (her) own claimed (injuries) (damages) (losses)? (Yes or No)

ANSWER: _______

6. State your answers to the following questions relating to the plaintiff’s damages that were caused by the negligence of the defendant, whether the damages were also caused by the negligence, if any, of the plaintiff (or anyone else).

1. What is the total amount of plaintiff’s damages, if any, for noneconomic losses or injuries (, excluding any damages for [physical impairment] [or] [disfigurement])? Noneconomic losses or injuries are those losses or injuries described in numbered paragraph 1 of Instruction (insert number of the applicable Instruction on damages). You should answer “0” if you determine there were none.

ANSWER: _______

1. What is the total amount of plaintiff’s damages, if any, for economic losses (, excluding any damages for [physical impairment] [or] [disfigurement])? Economic losses are those losses described in numbered paragraph 2 of Instruction (insert number of applicable Instruction on damages). You should answer “0” if you determine there were none.

ANSWER: _______

(c. What is the total amount of plaintiff’s damages, if any, for [physical impairment] [or] [disfigurement]? You should answer “0” if you determine there were none.)

ANSWER: _______

Answer the following question 7 only if your answer to all five questions 1, 2, 3, 4, and 5 is “yes.”

7. Taking as 100 percent the combined negligence of the defendant and the plaintiff that caused the plaintiff’s (injuries) (damages) (losses), what percentage of the negligence was the defendant’s and what percentage was the plaintiff’s?

ANSWER:

Percentage charged to defendant, (name):                                                                         _______%

Percentage charged to plaintiff, (name):                                                                         _______%

MUST TOTAL:    100%

Signatures of all jurors:

______________________________  ______________________________

Foreperson

______________________________  ______________________________

______________________________  ______________________________

Complicated Claims Require Top-Notch Representation

Negligence claims often appear to be easy to determine who was at fault. However, many times, small facts and circumstances come into play and cause the plaintiff to be found at fault to some degree. Insurance companies are well-versed in the concepts of comparative negligence and will often use them to their benefit. Allegations that the plaintiff bore some of the responsibility for the crash can have significant effects on the outcome of the case.

If you’ve been injured in an auto collision and believe you are entitled to be compensated by the other party, you need an experienced Colorado Springs car accident lawyer to fight back arguments of comparative fault. You should call the attorneys at The Bussey Law Firm, P.C. for a free consultation. Dial (719) 475-2555 to discuss your rights.

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