If you are involved in a car accident, you will experience both pain and inconvenience. You will also have many bills to pay. You will lose income from work and you might have to hire someone to help you around the house.

In the state of Colorado, the insurance company of a person who causes an accident must pay for the related bills. Unfortunately, insurance companies are often unwilling to pay what they should. You should always find a Colorado Springs attorney to negotiate with the insurance company on your behalf. In most cases, a trained personal injury attorney will be able to convince an insurance adjuster to give them a fair settlement. If they cannot, you will discuss the viability of a lawsuit with your lawyer. Personal injury lawsuits are normally settled out of court.

When to File a Lawsuit

When you have your first meeting with your attorney, you will review all of the evidence in your case. An attorney will want full medical reports. They will also want you to obtain a letter from your employer stating the number of hours you have missed from work as well as the amount of income you have lost. They need records of any expenses you have had for alternative treatments or medications.

They will review the police report, interview witnesses, and look at any pictures of the accident. If they feel you have a strong case, they will begin the process of suing the insurance company.

The first thing they will do is send a letter to the insurance company demanding a certain dollar amount. If the insurance company does not respond, a lawsuit will be filed. If you seek less than $7500  you will file your suit in small claims court. If you are asking for more money than that, you may go to district or county court to file your claim.

The insurance company will then be served with papers. At this point, they may agree to settle, if not they will file an answer and a court date will be set.

Negotiations

There will be many phone calls between your attorney and the insurance company. In most cases, they will be able to work out a deal, No one really wants to go to court.

Discovery

If you are unable to come to a settlement amount, the case will go into the discovery phase. At this stage, your attorney and the insurance company’s attorney will share all the evidence they have with one another.

Mediation

In some cases, the two sides will meet with a mediator at this point. The mediator will talk to each party separately and try to get them to come to an agreement.

Deposition

During the deposition phase of a trial, witnesses are interviewed on camera. They will take an oath just as they would in court. The attorneys will try to reach a settlement again. If they cannot, they will move forward and go to court. Your case may be heard by a jury, or you may get a bench trial.

Personal injury trials may be rare, but they do happen. Be sure to choose an attorney who has plenty of experience as a litigator. A lawyer who can make arguments well can get you the money you deserve.