Colorado Springs
Suite 1120,
Secondary phone: (866) 883-5533
Fax: (210) 558-4804
Opening Hours
| Monday | 9:00 AM - 5:00 PM |
| Tuesday | 9:00 AM - 5:00 PM |
| Wednesday | 9:00 AM - 5:00 PM |
| Thursday | 9:00 AM - 5:00 PM |
| Friday | 9:00 AM - 5:00 PM |
| Saturday | Closed |
| Sunday | Closed |
A Colorado Springs Accident Attorney Explains The Discovery Phase Of A Lawsuit
At Brylak Law we believe that an educated client is good client. After you have been in an accident in Colorado and are trying to retain an attorney it is important to understand exactly what the firm will be doing to help you win your case. There are several phases that take place during a lawsuit and one of the most important phases is the Discovery phase. During this phase the insurance companies will be looking for any information to help them discredit your claim and force you to settle for less than you deserve. Retaining the right Colorado Springs accident attorney is critical to your claim and can make a significant difference in the outcome of your case. Below is an outline of the discovery process and information to help you understand what happens during this critical phase of the case.
WHAT TO EXPECT DURING DISCOVERY
What is discovery? If a lawsuit is necessary in your case, you will probably have to participate in “discovery.” “Discovery” is a phase of the lawsuit during which lawyers for each side formally request that the other side furnish information relevant to the case. Discovery tools The law provides different four different tools or devices for making these requests:
- Requests for Disclosure: These are written requests for basic information about the lawsuit—identifying the litigants, the witnesses and basic contentions– and requiring you as the plaintiff to sign authorizations that will allow the opposing party to obtain copies of pertinent records such as medical records.
- Interrogatories: These are a series of written questions that one side asks the other side. Interrogatories must be answered in writing and under oath.
- Requests for Production: These are written requests from one side asking that the opposing side produce (i.e., make available for inspection, copying, or photographing)documents or physical items that may relate to the case.
- Depositions: A deposition is a formal question-and-answer session in which a person answers questions from the lawyers about matters relevant to the case. The person testifying is under oath and answers orally while a court reporter transcribes the questions and answers. Sometimes depositions are also recorded on videotape. Your attorney will probably want to take the depositions of the defendant and any experts the defendant intends to use. The defendant will likewise probably want to take your deposition and depositions of the experts your attorney intends to use. The attorneys may also decide to depose other people who have information relevant to some part of your case. The process of scheduling and taking these depositions usually lasts for at least several months and often takes more than a year.
- Your role in discovery: When the other side sends your attorney a discovery request that requires a written response, your attorney will need your help in responding promptly. A response is typically due within a fairly short time—usually 30 days. Your attorney will give you specific instructions about what to do. Your role will include providing your attorney with the information or documents necessary to truthfully respond to the request.Your attorney will contact you when your deposition is requested to arrange a convenient time for the deposition and to schedule a meeting to help you prepare.
If you have been injured in an accident in Colorado Springs and are looking for the best law firm to represent you and fight the insurance company, call Brylak Law today, we are on your side.
A Few Faqs About Settlements After An Accident In Colorado Springs
Your case cannot be settled until your attorney knows all of the facts and the full nature and extent of your injuries. When your case is settled, it is settled for one lump sum and the settlement is final. If your condition worsens or you discover additional injuries later and you incur further medical bills or lost wages, you will not be able to recover additional compensation.
Injury cases often take a long time to resolve. Insurance companies purposely delay to put pressure on the injured person and obtain a lower settlement. Court dockets are crowded and insurance companies may wait until a case comes to trial to make a reasonable offer. It is common for quite some time to go by without any significant developments in your case. This is normal and you should not be alarmed.
How will my settlement be affected if it’s not clear who was at fault?
In a personal injury case, the defendant’s liability is usually based on negligence. In simple terms, negligence means that your injuries were the other party’s fault because he was careless or failed to exercise reasonable care.
If the other party’s liability will be difficult to prove, your attorney may advise you to settle for a smaller figure than would otherwise be appropriate. When the liability evidence is weak, you will need to consider the risk of losing in court and recovering nothing.
How will my settlement be affected if the accident was partly my fault?
Even though the other party was negligent, if he can prove that you were also negligent, even to a much lesser degree, then your settlement will be reduced by a percentage. In a few jurisdictions, you might not be able to get any compensation.
Besides the other party’s liability and my own negligence, is there anything else I should consider in deciding whether to settle or go to court?
Another consideration in deciding whether to settle out of court or not is the expense of a trial. In a smaller case sometimes the expenses will be so great in comparison to the value of the case that an out-of-court settlement will net the injured person more in the long run.
Settlement, Trial, And Beyond After An Accident In Colorado Springs
Your Colorado Springs injury attorney may be able to settle your case without a trial (and sometimes without even a lawsuit). Your attorney cannot settle your case unless you approve and consent. If you are not satisfied with the settlement offer, you have a right to let the jury decide your case. By the same token, the defendant also has a right to a trial, and your attorney cannot force the defendant to settle the case.
Bear in mind that if you appear too eager to settle, you are likely to decrease the value of your case in the eyes of the defendant. The intelligent evaluation and settlement of a case calls for just as high a degree of legal skill as a trial and, if done properly, often takes just as much time.
Trying Your Case
If your case cannot be settled, it will have to be tried. Most of the time, the trial will be before a jury. If you testify, you will be asked to tell the judge and jury what you know. Other witnesses will testify as well, and evidence such as records and documents will be introduced. The jury will make a decision, and based on that decision, the judge will enter a judgment, either for or against you.
After a Trial
If you win your case, the defendant can either pay the verdict or file a motion for a new trial. If you lose, you have the same choice: to accept the verdict or to challenge it. Your attorney naturally hopes to win your case, but cannot guarantee any particular result. But your attorney would not have taken your case if he or she did not believe you have a reasonable chance to win or obtain a good settlement.
The trial judge may decide to give the losing side a new trial if the first trial was not fair or if the trial judge made legal mistakes that make it right to grant the loser a new trial. Even if a new trial is ordered, there is no assurance that a second trial will have a different or better outcome.
If the judge denies the motion for a new trial, the party seeking the new trial (whether you or the defendant) can appeal. Many people think that an appeal automatically entitles the loser to a second trial. This is not true. An appeal may or may not be successful. Instead of granting a new trial, an appeals court may order only a small change or no change in the judgment granted by the trial judge.
Stay Focused From Beginning To End
As a plaintiff in a personal injury case, you are a vital member of the legal team. Your attorney cannot get the maximum recovery for you without your help. You must keep your focus and cooperate with your attorney from the beginning of the case until the end.
After a while, you will get busy with other things and may not want to be bothered with the recordkeeping and other details of your case. You must remember that the value of your case will be severely compromised if you lose focus and stop following your attorney’s directions. Nothing will make the defendant’s insurance carrier happier than to learn you have stopped cooperating with your attorney. Insurance carriers count on plaintiffs losing interest in their cases.
Think of it this way. You may believe that you don’t have time to respond to your attorney or work on your case because you are too busy doing errands, like driving across town to save $8.00 on groceries. But an hour spent working on your case, could earn you several hundred dollars or more. The most valuable time that you will spend during the next several months while your case is pending is working with your lawyer and following his or her instructions.
8 Rules For Successful Plaintiffs
- Do not talk to anyone about your case except your legal team and immediate family members. Do not, under any circumstances, discuss your case with potential witnesses, insurance claim representatives, or even your friends. What you say may be misconstrued or even used against you.
- Keep all your medical appointments and describe your condition and complaints thoroughly but honestly to medical personnel.
- Keep your attorney informed about your recovery and the names of all doctors, physical therapists, or other medical personnel that you see.
- Keep the following items in a file in a safe place:
- All correspondence and documents from your attorney.
- A list and/or copies of all medical bills, prescription bills, and any other expenses related to your injury.
- A record of lost wages or lost income.
- A list of all witnesses.
- All pill bottles and medication containers.
- Copies of negatives of all photos connected with your injury.
- Send your attorney a copy of every medical bill you incur, even if it is paid by your health insurance carrier, workers’ compensation carrier, or some other party. If you buy prescription medicine, be certain to retain the receipt.
- Have photos taken of your injuries on a biweekly basis.
- Notify your attorney of any additional witnesses, change of address of witnesses, or any other important information regarding witnesses who either saw you get injured or can testify about how your injury has affected your life.
- Advise your attorney of any change in your address, telephone number, marital status, or employment.
Accident Attorney In Colorado Springs – Pain Journal
Working with an accident attorney in Colorado Springs to help you obtain a fair settlement after your accident can make a huge difference in the outcome of your case. Your accident attorney should give you guidance regarding what to do and what you should not do after your accident. One important factor that can help you increase your settlement is keeping a pain journal.
Keeping A Journal Can Help Your Case
Why keep a journal? Your journal will be an important trial aid if it is an accurate record of the impact of your injury on your life. Your journal can help you document how you felt each day as you experienced pain or discomfort from your injury and it can help you explain how the injury has changed you.
Keep your journal confidential. Keep the journal yourself, in your own handwriting. Type if your handwriting is difficult to read. Avoid showing your journal to anyone other than your attorney.
What to write about. Write about how you felt at the scene of the accident and during your hospital stay. Describe how you feel from the moment you first awake, through the course of your normal day, until you retire at night. Explain how your pain and injuries have changed the way you live. Document both your good days, as well as the bad ones.
Focus on each part of your body that experiences pain and discomfort. Stay in touch with your body. Reflect on how each of the parts of your body feels. Note whether you have any limitation in movement in that body part and whether it is painful to use that body part during the normal work-day or social activities.
Describe your emotions and feelings. Be open and honest in explaining how your injuries are affecting you. The way your pain, suffering, and injuries have affected your disposition, emotional well being, job performance, and even your marital relations are extremely important to your lawsuit.
Use your own words. Use your own words to describe your pain and suffering. Keep your diary each day the same way you would if you were not using it for a lawsuit.
Try to stay positive and upbeat. Avoid taking a consistently negative attitude in the journal. For example, the pain you have may be severe, but you should try to explain how you are attempting to cope with it. Concentrate on the efforts you are taking or plan to take in an attempt to change your lifestyle to make up for any limitations that your pain and suffering have caused.
Avoid absolutes and exaggerations. Avoid phrases that can be easily contradicted. For example, although it may be tempting to say “I can’t sleep” or “I can’t move my arm,” rarely are these statements true. Thus, it is usually more accurate to note you are experiencing difficulty in sleeping, or it is difficult or painful to move specified parts of your body to perform specific tasks. Imprecise or exaggerated language can, and very likely will, be used against you during cross-examination.
Keep your journal honest. Never fabricate your entries. Keep the journal accurate and detailed and—most importantly—honest.
