Understanding Your Personal Injury Case; Rule 11
In our earlier Blog, we talked about the 2 basic pleadings: the Complaint and Answer. All pleadings are covered by Rule 11 of the Colorado Rules of Civil Procedure. Under Rule 11, the attorney (and client) must verify that there is a good faith basis for the contents of the pleading.’ This general requirement applies… Read More »
Understanding Your Personal Injury Case; Rule 26
Once the Complaint is filed, and there is an Answer (see our earlier Blogs) one of the first major events in a case are Disclosures under C.R.C.P. 26(a)(1). In theory, under Rule 26, each side is required to identify the people, documents and things that may be relevant to the claims and defenses in the… Read More »
Understanding Your Personal Injury Case; The Answer
After the complaint is filed, and the complaint is served (see our earlier Blogs) you most wait for the defendant to file a response. Usually, the defense files an Answer, which is a direct response to the facts stated in the complaint. For each fact alleged, the defense must admit, deny or state that they… Read More »
Understanding Your Personal Injury Case; Service
After the Complaint is filed (see our earlier Blog), it must be personally served on the defendant or its agent. Service in Colorado is governed by Rule 4 of the Colorado Rules of Civil Procedure. Generally, the defendant must be physically handed the complaint and summons by a person over 18, who is not related… Read More »
Understanding Your Personal Injury Case; The Complaint
In our earlier Blog, we discussed that most cases settle. Those that don’t go into litigation, which usually starts by you filing a complaint within the statute of limitations. The statute of limitations varies from case to case, and you should always ask your lawyer what your limitations period (deadline) is. The complaint itself serves… Read More »
Understanding Your Personal Injury Claim; The Settlement
Statistically, and despite what you often hear, the vast majority of personal injury cases settle rather than going to court. Settlement is usually the most advantageous resolution for the client for several reasons. Litigation is time consuming, stressful and very expensive. Unfortunately, settlement does not always mean getting everything that you want. By definition, a… Read More »
Understanding the Personal Injury Case; The Insurance Claim
Almost all personal injury claims (car accidents, slip and fall, falling merchandise) beging with an insurance claim. During that part of the case, you and your lawyer have several jobs. First, it is important to complete a full investigation of the accident, gather facts (witness statements, photos, etc.). Often some of this information disappears, so… Read More »
Understanding your Personal Injury Case
Lawyers sometimes forget that their clients are new to the insurance claim and litigation process. When we meet a new client, one of the first things we discuss is the role of the lawyer. Although some might disagree, the lawyer’s job is NOT what to tell the client to do. A good lawyer’s role is… Read More »
Understanding Your Personal Injury Case; Discovery
One of the most difficult parts of a case (for the client) is discovery. Discovery is the generic name for the fact-finding tools that are used in a lawsuit to help all of the parties prepare for trial. There are generally 3 types of discovery. Interrogatories. These are written questions that you have to answer,… Read More »