Auto Accidents

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Garcia & Gonzales, P.C.
Denver Colorado Auto Accident Lawyer

Serving the Community Since 1977

HOW WE HANDLE AUTOMOBILE ACCIDENT CASES

We prepared this information to answer questions about the way we handle most automobile accident cases.

1. LIMITATION OF LAW SUITS: No person is allowed to sue the operator of the motor vehicle unless there has been death, dismemberment, permanent disability, permanent disfigurement, loss of earnings, loss of earning capacity extending beyond the 52 week period and not compensated by worker's compensation or other insurance policy, or unless there is reasonable need for medical services having a "reasonable value" in excess of $2,500.00.

2. THE AMOUNT OF RECOVERY: As your attorney, we feel it is our primary duty to obtain an amount of money which will fairly and justly compensate you for your injuries. We will make every effort to do this, whether by settlement or trial, and will advise you of our evaluation in this regard.

In making our evaluation, we will determine your damages, including loss of wages, medical and hospital bills; pain and suffering; out of pocket expenses; and any disfigurement.

We will also weigh the proof of the defendant's negligence and the percentage of your comparative negligence (for example, if a jury finds you have $10,000.00 in damages and that the defendant is 60% negligent and you are 40% negligent, then you get $6,000.00. If you are 50% negligent or more, then you recover nothing).

3. EVALUATION AND SETTLEMENT: After obtaining all available information, we will carefully evaluate it to see if we believe your case has sufficient merit and damages to make it worthwhile for us to proceed. There will be costs incurred in this evaluation because we must pay trained professionals for their records and services. You will be responsible for the payment of these costs.

This evaluation generally takes some time. It is necessary that we investigate thoroughly and have an accurate understanding of your damages. One of the most difficult requests we must make of you is to have patience.

If we conclude that we should not proceed with your case, we will let you know immediately so that you will have to time get another opinion or consider some other course of action. If we conclude that we should proceed, we will discuss with you the possibility of settling your case without filing a lawsuit and, if appropriate, we will attempt to arrive at an amount for which you would be willing to settle your case. We would then prepare a settlement proposal to submit to the insurance company.

4. INVESTIGATION: Releases requesting medical information will be sent to the doctors and hospitals involved in your case. Anyone who may have been involved will be contacted, and witnesses will be interviewed, if possible. Necessary information from employers and others will also be obtained.

The police prepare an accident report which frequently lists cars, drivers, owners, witnesses, witness statements, conditions of the road, conditions of the parties, and traffic violations. These reports are very helpful to us in our investigation and only cost a nominal amount.

5. STARTING A LAWSUIT: If we are unable to settle with the insurance company, or if we determine that negotiations with the insurance company would not be fruitful, we will file a lawsuit.

A lawsuit is started by serving documents called a Summons and Complaint on the other party. The other party is called a Defendant. The complaint lets the Defendant know that he or she is being sued as a result of the incident. The Defendant takes the documents to his or her insurance company, which delivers it to the lawyers who work for the insurance company. The lawyers then send us a document back called an Answer. At that point, the case is said to be at issue.

We want to point out that, although a lawsuit may have been started, settlement is always possible at any time. Many cases are settled just before trial.

Once the lawsuit has been started, both sides may have the right to obtain information about the case by deposition and interrogatories. Deposition is the testimony of a party or witness given under oath in the presence of attorneys for all parties to a lawsuit and before a court reporter who makes a verbatim record of the testimony.

Interrogatories are written questions which either attorney may submit to a party and which have to be answered by the parties in writing under oath. We generally use both interrogatories and depositions to help us investigate the facts, as do the Defendant's attorneys.

At any time throughout this "discovery" period, the possibility of settlement may come up again. If anything concrete occurs, we will advise you promptly.

We will be with you at the time your deposition is taken. A deposition is extremely important because the testimony can be used at trial and because a deposition often determines whether a settlement is possible. Before your deposition is taken, we will discuss it with you thoroughly. We may also ask you to be present during the deposition of a Defendant or any treating physician.

Medical examinations are authorized by law, and the Defendant may require you to go to a doctor of his or her choice for a medical examination. This doctor will file a report with the Defendant's attorney and, if there is a trial, may appear at the time of the trial to testify on behalf of the Defendant.

6. TRIAL PREPARATION: It is usually very difficult to settle cases at an early stage. Even when settlement is possible, it often occurs just before trial. If your case cannot be settled at a fair figure, we will proceed to trial. The two or three weeks before the trial are spent in a detailed review and preparation of the case. All witnesses are re-interviewed, exhibits prepared, and conferences held with doctors, witnesses and with you. What is expected of you at trial will be explained in detail before you actually go to Court.

7. THE TRIAL: All trials are conducted in basically the same manner. They involve the following steps:

1. Selecting a Jury: in a jury case the first step is to question prospective jurors to determine whether they can be fair and impartial.
   
   
2. Opening Statements: After jury selection, each attorney has the opportunity to tell the jury what the case is about and what proof will be presented.
   
   
3. Presenting Witnesses: The Plaintiff's attorney calls witnesses first and presents the Plaintiff's case through witnesses and exhibits. The Defendant's attorney is given the right to question these witnesses when the Plaintiff has finished presenting witnesses: the Defendant's attorney is then given the opportunity to call Defendant's witnesses, and the Plaintiff's attorney has the right to question the Defendant's witnesses.
   
   
4. Instructions: After all testimony and evidence has been presented, the Judge will instruct the jury as to the law.
   
   
5. Argument: After the testimony and instructions are complete, the Plaintiff's attorney may argue on behalf of the Plaintiff. The Defendant's attorney is then given the right to argue, and the Plaintiff's attorney is given a final chance to argue Plaintiff's case.
   
   
6. Deliberation: The jury then goes to the jury room and decides which party should win and the amount of money, if any, to be awarded.

8. TAX CONSEQUENCES: Because of the changing tax laws you should check with your CPA, accountant, or other professional about the tax consequences of any settlement or judgment you might obtain.

9. TIME LIMITS: Your claim must generally be filed within three years after the date of your accident. Further, if the Defendant is a city, county, state or other governmental body, statutory notice must be given to those entities within 180 days of the incident.

10. OUR FEES: The exact fee will vary with the services your require. Our basic automobile accident services include our initial conference; evaluation of your case; interviewing any witnesses; the review of all reports (medical and otherwise); the preparation and filing of all appropriate court documents; interviewing needed experts and reviewing any subsequent reports they generate; attendance at all depositions and hearings; preparation of all exhibits; and trying the case. We usually enter into a contingent/percentage fee agreement with our clients. This agreement means that if you win, we win. The agreement is in writing and you will receive a copy of it. Apart from our fees there are certain costs including investigation, medical reports, deposition costs, filing fees, and so on which we may advance, but which you must repay. We will give you an estimate of the costs and get your authorization in advance to expend those costs.

11. CONFIDENTIAL INFORMATION: As your lawyer, we must have all the facts in order to represent you properly. Any information you give us is strictly confidential and will not be disclosed without your permission.

12. YOUR RESPONSIBILITIES: We expect you to be cooperative and truthful. If you are not, we will not continue to represent you. We also ask you to handle your financial commitment to our office in a prompt and businesslike manner. Please notify us of any change in address or telephone number, or if you learn anything that may affect your case.

13. GENERAL SUGGESTIONS: Your well-meaning friends and associates may offer you advice about your case. Frequently such advice is not accurate and you should be cautious about following it. The facts surrounding your injury and claim are unique and different from every other case. Try to improve your medical condition as quickly as possible if you have any medical problems, and obtain professional advice if possible.

14. THANK YOU: We appreciate the opportunity to be of service to you. Thank you for your trust and confidence.

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Garcia & Gonzales, P.C.
Denver Colorado Auto Accident Lawyers

A Family Law Firm Helping Families

12110 North Pecos Street, Suite 240
Westminster, CO 80234-2020
Phone: (303) 839-8888
Fax: (303) 860-1844

Located in Denver, Colorado, the attorneys of Garcia & Gonzales, P.C., serve clients throughout Adams, Jefferson, Arapahoe, Weld, Morgan, Larimer, Douglas, Boulder and Broomfield counties, including the communities of Denver, Aurora, Brighton, Golden, Evans, Frederick, Erie, Littleton, Greeley, Fort Morgan, Fort Collins and Castle Rock.