Car Accident step by step Part 13: What you injury is worth

According to the Colorado Department of Motor Vehicles injury damages are split into three categories:

1. Economic Damages:  These are your medical bills, lost wages (both present and future) and general "real" expenses.
2. Non-Economic Damages:  These are the "what-if's" you may experience from a car accident.  Other things that fall into this category are pain and suffering, loss of quality of life and emotional distress.
3. Physical Disfigurement and Impairment:  Consequences and costs of irreparable physical harm or permanent disability.

Let's look at the Economic Damages:  This is simple.  Your medical bills are your medical bills, your lost wages are your lost wages and all other expenses are just that.  Simple.

Non-Economic Damages are where the insurance companies love to muddy the water.  This is when you need an Attorney!  The insurance company is not going to agree to the loss of quality of life because they don't want to believe you have one.  The insurance company is not going to believe you have any pain and suffering because you are seeing a Doctor that they are paying for.  And emotional distress....they are just going to tell you to get over it.

Physical Disfigurement and Impairment is another way insurance companies will tell you that you are worth less than you are.  If you need surgery it's covered under Economic Damages....but what about the scar that it leaves?

When you are involved in a car accident you need to hire an Attorney who KNOWS what you are worth and will fight for it.





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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Car Accident step by step process Part 12: What won't get paid

Insurance Companies:  They are so friendly when you sign up.  They are so friendly when you pay your premiums.  They are so friendly.....until it's time for them to follow up with their promise.  Their promise to pay if you ever have a claim.  When this happens there is so much in the fine print....not covered because of......this gets filled in by the Insurance Companies:

Did you know....

1. that in some states your insurance will not pay UNLESS you were wearing your seat belt at the time of the accident?  
2. that in other states ONLY your medical bills will be paid unless you were wearing your seat belt at the time of the accident?

Information generously provided by Zeisler & Associates, Attorneys at Law, PC 

and should not be construed as legal advice.  This is information only.  Please check your state laws and your insurance company's policy in regards to this.

In both of these incidents....NO PAIN AND SUFFERING is allowed unless you were wearing your seat belt at the time of the accident.

Did you know that what you say after an accident is like being read your Miranda rights?

“You have the right to remain silent. 

Anything you say can and will be used against you 

in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”

Even though car accidents are civil and Miranda rights are criminal...don't kid yourself:  Everything you say can and will be held against you!!

So what can you do?  Hire an Attorney!  Let me say that again, HIRE AN ATTORNEY!!  It is not your job to understand the laws of your state when it comes to car accidents!!  It is not your job to understand the tricks that are applied to get you to say something that will hurt your case. It is the job of an Attorney!! 

My suggestion is if you are ever involved in a car accident, if you are not in a medical emergency and are not transported to an emergency room your first call is to a reputable Attorney.  I suggest finding one that only handles Personal Injury cases...but that is my opinion.  







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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Car Accident step by step process Part 10: Hiring an Attrorney

You have narrowed you search down to one or a few Attorneys...what next?
Most initial consultations with a Personal Injury Attorney are FREE. (I say most because you can never say all unless you have called every single one of them).  You get the one opportunity to make that free consultation work for you so here are some tips to make it better for both of you.

1. Make an appointment:  Even if their yellow page ad, website or your friend who recommended them to you say "walk in's welcome" MAKE AN APPOINTMENT!  You want their attention on YOU not the work they had to put aside to meet with you.  Another good reason to make an appointment is you want to make sure the Attorney is in the office and available at the time.  
2. Take all your paperwork with you to your appointment.  Remember it is what the FACTS of the case is not what your opinion is.  You will save yourself and your Attorney a lot of time if you have the FACTS with you in the initial consultation.  Depending on when you meet with them (the sooner the better) will determine what paperwork you will need.  Police reports, Doctors visit evaluations, witness names and contact, etc.  
3. Pictures if you took them.  There is nothing better than pictures of the accident.  (For those who are reading this please remember this:  if you are in an accident TAKE PICTURES.) Pictures of the accident, the surroundings, license plate, person, etc. are highly useful.
4. Insurance Information.  Yours and the other party's information is essential and any conversations you may have had with either company.  Document, Document, Document!!

You are in front of the Attorney.  Although you are also interviewing them let them direct the interview. If they want to ask questions first, answer. If they want to review your documents first, stay quiet while they review them.  DO NOT, I repeat, DO NOT ask them what your case is worth as there is no way in this initial consultation that they could know the answer. 

It is okay, and I highly recommend this, to ask them about their experience.  I have said this before and I'm going to say this again....the bigger "commercial" Attorneys will have more "experience" but remember that experience isn't personal.  Find the Attorney who makes your case PERSONAL!!

If you haven't read the blog on what to tell your Personal Injury Attorney please click HERE to read.

If the Attorney decides to take your case and you decide to hire this Attorney a contingency fee agreement will be entered into at this time.  This is your contract with the Attorney keep it in a safe place.

First impressions are very important.  Make yours COUNT!!

Now you have decided on who you want to hire....what do you tell them?

Everything!  I could end this here but I will go on to explain:

Don't "hide" anything from your Attorney.  What they don't know can come back and hurt you.

1. Previous injuries:  You may not think it is important to tell your Attorney that you were in a car accident 10 years ago because your injuries are healed BUT if they are not aware of your past injuries than they can't fight the insurance companies when they tell them that your current injuries are pre-existing and aren't covered....and trust me the insurance companies will try.  Forewarned is forearmed.  
2. Injuries since the accident:  If you are injured after your car accident you do not want that to cause problems for your current case.  Let your Attorney know of all injuries you sustain after the car accident so they can be prepared.
3. How's your marriage?  Are you divorced or getting divorced?  If you were married at the time of the accident your spouse may be entitled to compensation and your Attorney needs to know this.
4. Bills, Bills and more Bills:  They are a headache without a car accident and get even worse afterwards because you may have medical bills and may not be able to work.  If you have filed bankruptcy or thinking of filing tell your Attorney as your settlement could become part of your estate and your settlement could go to your creditors.
5. Criminal History:  You may not think it is important that your Attorney knows you got a DUI seven years ago but the Insurance Company's Attorney will think it is important.  Most Criminal History will have no relevance to your case but you do not want your Attorney to be "surprised" by what is discovered.

Information is provided by Zeisler and Associates, Attorneys at Law, PC and is not to be construed as legal advice but for informational purposes only.

In order for Insurance Companies to avoid paying you...they have to find reasons not to.  Don't let any of those reasons be something that could have been avoided had you been honest and forthcoming with your Attorney.  And, don't think that your history cannot be discovered because to avoid paying our settlements Insurance Companies DO THEIR RESEARCH!!  Don't let your Attorney get caught by surprised. 

One very important warning:  If an Attorney says they can't represent you because of xyz, do not leave xyz out when meeting with other Attorneys.  XYZ may be something that the first Attorney is not experienced in fighting where another one is.  EVERYTHING about you is important for the Attorney to know.  I have said this before but it is worth repeating.  Don't hide anything from your Attorney.  They are there to FIGHT for you, you just need to provide them with all the ammunition that can be used against you.

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

The information provided here is not to be construed as legal advice.  Please consult an Attorney if you have any questions.  

Car Accident step by step process Part 9: Understanding the Personal Injury Case

Let's begin with the definition of Tort Law:  

"A body of rights, obligations, and remedies that is applied by courts in civil proceedings to provide relief for persons who have suffered harm from the wrongful acts of others. The person who sustains injury or suffers pecuniary damage as the result of tortious conduct is known as the plaintiff, and the person who is responsible for inflicting the injury and incurs liability for the damage is known as the defendant or tortfeasor."  (Legal Dictionary)

How does this tort law work in Personal Injury cases?

• the plaintiff must establish that the defendant was under a legal duty to act in a particular fashion  
• the plaintiff must demonstrate that the defendant breached this duty by failing to conform his or her behavior accordingly
• the plaintiff must prove that he suffered injury or loss as a direct result of the defendant's breach

Keep in mind that tort law is a combination of common-law principles and legislative practices. In a Personal injury case in Colorado, for example, may use: 

C.R.S. 42-4-1101(3) EXCEEDED SAFE SPEED FOR CONDITIONS “No driver of a vehicle shall fail to decrease the speed of such vehicle from an otherwise lawful speed to a reasonable and prudent speed when a special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.”

should the accident happen from a person speeding in a winter storm.

Another example would be if you were rear-ended by another vehicle the 

C.R.S. 42-4-1008(1) FOLLOWING TOO CLOSELY “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.”

could be used to support a tort claim.

The defendant cannot use "I didn't know that law" as an excuse.  Ignorance of the law is no defense.

"Ignorantia juris non excusat or ignorantia legis neminem excusat (Latin for "ignorance of the law does not excuse" or "ignorance of the law excuses no one") is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely because he or she was unaware of its content."  (Wikipedia) 

Did you know when you apply and receive your Drivers License and you sign it you are agreeing to abide by the laws of your state?  In Colorado you are given a drivers manual (honestly don't remember ever getting one or reading it) but it details the safe driving practices in Colorado.  If you are like me and don't remember or don't have it anymore you can find it here.

Drive safe and always pay attention while driving.  One small distraction can change a life forever.

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

The information provided in this blog is for informational use only and not legal advice.  Please consult an Attorney.

Car accident step by step process Part 8: The State you live in determines what you get

You are at a stop sign with your signal to turn left.  You look both ways, no one is coming, and proceed into the intersection....only to be hit on your drivers side from BEHIND.  The car who hits you is speeding and illegally passing in an intersection on the left side.  You stop and get out.  The driver does not have a drivers license or auto insurance.  You call your insurance company and file a claim under the uninsured motorist policy, no problem that's why you pay for it, right?  




WRONG!  This is a true story of what happens after an accident because of your STATE LAWS.  The claim was denied under the reasoning of Contributory Negligence and the insurance company denied it because she should have checked her rear-view mirror to see if a speeding, unlicensed, illegally passing bonehead was there before she started her turn..!!! What this means is if you are found guilty, even by only 1%, you cannot recover ANY damages that were caused by the person who caused the accident.  Do you know if your state has this in place?  If not follow this link to see as there are currently five states who still have this in place.

Other states have adopted what is called the Comparative Negligence system which is broken down into several smaller systems:  This information is taken directly from the Personal Injury Lawyer Directory website.  

In a comparative negligence system, the injured party may still recover some of his or her damages even if he or she was partially to blame for causing the accident. Plaintiff’s financial recovery may be reduced, or even prohibited, depending how plaintiff’s actions caused or contributed to the accident. In states using a comparative negligence system, a jury or judge determines the proportion of fault to be assigned to each responsible party. Jurisdictions following a comparative negligence system will typically apportion the damages using one of three variations of comparative negligence:

• Pure comparative negligence:   
  Presently, thirteen (13) states follow a pure comparative negligence system: Alaska, Arizona, California, Florida, Kentucky, Louisiana, Mississippi, Missouri, New Mexico, New York, Rhode Island, South Dakota, and Washington. In a pure comparative negligence system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. Using this system, an injured person may recover his or her damages even if the injured person was 99% at fault in causing the injury, with those damages reduced by his or her portion of the fault. For example, in a car accident between Dave and Debbie where Debbie was found to be 99% responsible, and the jury found that Debbie suffered $10,000 in damages, that award would be reduced by Debbie’s 99% fault in causing the injury. In the end, Dave would only have to pay 1% of Debbie’s damages, or $100 in this case.
• Modified comparative negligence – 51% rule:   Thirty-three (33) states follow a modified comparative fault system. Similar to a pure comparative negligence system, a judge or jury assigns a percentage of fault to each responsible party and then apportions the damage award accordingly. From that point, depending on how the system is applied, if a plaintiff’s apportioned fault reaches a particular level, he or she may be completely prohibited from recovering a damage award.

Of the thirty-three states following a modified comparative fault system, the remaining twenty-one (21) states follow a 51% rule. In states following amodified comparative fault – 51% rule, an injured party can only recover if it is determined that his or her fault does not reach 51%. If the injured party was 50% or less at fault, he or she may still recover damages. In other words, a plaintiff may have caused half of the accident and still recover damages from the court, but if it is found that the plaintiff’s fault was responsible formore than half of the accident, that plaintiff is barred from receiving any damages determined by the court. Here, as in a pure comparative negligence state, a plaintiff’s recovery is reduced by the degree of his or her fault. Connecticut, Delaware, Hawaii, Illinois, Indiana, Iowa, Massachusetts, Michigan, Minnesota, Montana, Nevada, New Hampshire, New Jersey, Ohio, Oregon, Pennsylvania, South Carolina, Texas, Vermont, Wisconsin, and Wyoming follow the 51% rule.

• Modified comparative negligence – 50% rule:  Of the thirty-three states following a modified comparative fault system, twelve (12) states follow a 50% rule. In states following a modified comparative fault – 50% rule, an injured party can only recover if it is determined that his or her fault in causing the injury is 49% or less. If the injured party’s fault level reaches 50%, he or she cannot recover any damages resulting from the accident. Arkansas, Colorado, Georgia, Idaho, Kansas, Maine, Nebraska, North Dakota, Oklahoma, Tennessee, Utah, and West Virginia follow the 50% rule.

Please note this information was taken directly from Personal Injury Lawyer Directory website and is not to be construed as legal advice.  Please find a Personal Injury Attorney in your state should you need any legal advice.  For Colorado I highly recommend Zeisler and Associates, Attorneys at Law, PC.  




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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Car Accident step by step process Part 7: Hiring an Attorney

Finding the right Attorney for you is "Feeling the Rain".  Others will just allow you to get wet!



I'm off to pick the perfect Apple off the tree.  The bottom branches have dropped some pretty bruised Apples.  The low hanging branches have some "okay" looking Apples.....but I extend my search and find some great Apples a little higher up.

Same thing goes for finding the "right" Attorney for you.  There are the one's on the ground....not saying they aren't a good Attorney but are they a good Attorney for YOU!!

Do some research!  Ask questions!  Ask people you trust!  If you take the time to search for that GREAT APPLE it will be worth the time spent finding it!!!

Shopping for shoes:  Yellow pages under Shoes
Shopping for Restaurants:  Yellow pages under Restaurants

Shopping for an Attorney:  You cannot simply pick up the phone book and look there.  If it were that simple Attorney's would not do a good job for their clients.  They would charge a retainer, charge an hourly fee and let the chips fall where they may.

So how do you find a good Attorney?  You ask people who have been in your situation.  Don't just take one person's word on the Attorney, as with all professionals and professions no one is perfect. Get the opinion of several people.  If you get several referrals, schedule a free consultation (if possible) with all of them.

Now it's time to do your homework.  Check with your State Bar Association to see if there are any complaints.  Check online referral websites:

Avvo and Colorado Bar Association are just a few links you can do some research on.

Important questions to ask when YOU are interviewing an Attorney.  Most people think that when they meet with an Attorney it is a one-way decision; "Will they take my case."  What you need to remember is that you need to also decide if "I will hire this person."

Communication is very important when deciding to hire an Attorney.  If you call and schedule an appointment to meet with an Attorney ask if the person you are meeting with IS AN ATTORNEY. When you need an Attorney it is essential you speak to an Attorney, not an assistant, not a paralegal, not anyone but an Attorney.  Your time is important.

Ask the Attorney if he/she will be communicating with you or will his/her assistant?  Please know that it is absolutely appropriate for an Attorney's assistant/paralegal to keep you updated on your case but you need to know that if you need to speak with the Attorney that you will be able to do so. (Please note that it is probably unlikely that you will get to speak with them when you call).  Ask them how long it takes for them to normally return a phone call.  I have found that if you can email the Attorney you will often get an answer quickly but it is understandable that you would want to "talk" to them.

Most important when you are trying to find a good Attorney, do not explain your situation differently than the facts.  If you meet with one Attorney who will not take your case because of XYZ do not fail to tell the next one of XYZ.  If you want a good Attorney than you must first be a good client.

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)