Helping Colorado’s accident
victims for over 25 years.

Colorado Injury Frequently Asked Questions

With over 25 years of experience helping Colorado accident victims, we’ve heard just about every question there is after a crash. If you’ve been injured in a car accident, the questions below can help you protect your rights and understand your options. For personal guidance, call or text us at 303-388-5304.

Do I Have a Case?

Short answer: If someone else caused the crash, you likely have a case, even if you’re partially at fault.

If another driver caused your accident—through speeding, texting while driving, running a red light, or driving under the influence—you may have a valid personal injury claim. Colorado’s modified comparative negligence law means that as long as you’re less than 50% at fault, you can still recover damages.

For example, if another driver rear-ended you at a stoplight but you had a broken tail light, you might still win compensation, though it may be reduced by your percentage of fault.

We had a client whose car was struck in an intersection when another driver ran a red light. Although our client was accused of entering the intersection late, we gathered traffic cam footage and witness testimony to prove the other driver’s liability. The result: a strong settlement without going to court. We investigate thoroughly to determine liability and protect your claim.

How Much is My Case Worth?

Short answer: It depends on your injuries, insurance, and how the crash affected your life.

Case value is based on both economic and non-economic damages. That includes medical expenses, lost income, property damage, and pain and suffering. For instance, we represented a client who suffered a spinal injury requiring surgery and ongoing physical therapy. Beyond $150,000 in medical bills, we also recovered damages for six months of lost wages and long-term impact on his quality of life.

Each case is unique. A simple whiplash claim may settle for a few thousand dollars, while a traumatic brain injury case could be worth millions. We use expert testimony, medical records, and wage documentation to build a full picture of your losses, then we can fight to recover the full value and maybe more.

If I Have Health Insurance, Do I Need Underinsured/Uninsured Motorist (UIM) Coverage?

Short answer: Yes. Health insurance won’t cover everything, and UIM protects you when the at-fault driver can’t.

Even if you have excellent health insurance, underinsured/uninsured motorist (UIM/UM) coverage is one of the most important add-ons to your auto policy. Health insurance only pays for medical treatment, and even then, it may involve deductibles, copays, or network limitations. It does not cover lost income, pain and suffering, or future medical needs related to the crash.

UIM, on the other hand, steps in when the at-fault driver has no insurance or not enough to fully cover your losses. For example, one of our clients was hit by a driver carrying Colorado’s minimum required coverage of $25,000 which didn’t even come close to covering her ER bills and surgery. Fortunately, she had $100,000 in UIM, and we recovered the full amount to make up the difference.

Without UIM, you’re at the mercy of the other driver’s policy, or lack thereof. We recommend carrying as much UIM as you can reasonably afford, especially in Colorado, where many drivers are underinsured or uninsured.

What Is a Contingency Fee?

Short answer: It means you don’t pay us unless we win your case.

At The O’Sullivan Law Firm, we work on a contingency fee basis. This means we don’t charge you anything upfront and we only get paid if we successfully recover money for you. Our fee is a percentage of your settlement or verdict, typically 33%, depending on the complexity and whether a lawsuit is filed.

Contingency fees level the playing field, giving every accident victim access to legal help regardless of their financial situation. You don’t have to worry about hourly rates or retainers. We also advance the costs of handling your case (such as expert witnesses, court fees, or medical records), and we only recover those if we win.

For example, we represented a warehouse worker injured in a highway crash who couldn’t afford legal help out of pocket. We handled his case from start to finish, covering all the necessary costs, hiring experts, etc. and after a $250,000 settlement, our fee and costs came from the recovery, not from his wallet.

It’s simple: No win, no fee.

Furthermore, if you encounter an injury law firm that wants to charge you before the settlement is decided, you should run in the other direction!

Should I Talk to the Insurance Companies?

Short answer: No, let your lawyer handle it.

Insurance adjusters may seem friendly, but their job is to reduce payouts. We’ve seen clients unknowingly admit fault or minimize injuries on recorded calls only to have their claims denied or severely undercut.

The same goes for the other driver’s insurance company. Do not give them a recorded statement. Let your lawyer do the work, that’s why we’re here.

One client said, “I’m feeling okay” on a call with an insurer before a doctor had evaluated her. That statement was used to challenge her injury severity later. Let us deal with the insurance companies directly. We’ll protect your words, your records, and your rights.

Do I Need a Lawyer?

Short answer: If you’re injured in a crash, absolutely.

Even a seemingly minor injury can have long-term consequences. We once helped a client with a concussion who didn’t realize the seriousness of her symptoms until weeks later—by then, the insurance company had already offered a lowball settlement.

Hiring an experienced injury lawyer early can help you avoid mistakes, get appropriate care, and maximize your claim. We guide you through treatment, documentation, and negotiation—and we only get paid if we, aka you, win. No upfront fees, no pressure.

How Long Will My Case Take?

Short answer: Most cases take 6 to 18 months, sometimes longer.

Timing depends on the severity of your injuries, your recovery time, and how difficult it is to establish liability. Insurance companies may stall or deny legitimate claims, especially in disputed-fault accidents.

In a recent case involving a multi-car collision on I-25, we had to wait over a year for full medical recovery and expert crash reconstruction. While that delayed resolution, it led to a significantly higher settlement. We’re committed to your long-term recovery, not just a fast payout.

What if the Other Driver is Uninsured or Underinsured?

Short answer: Your own insurance may help.

Colorado requires insurers to offer uninsured/underinsured motorist (UM/UIM) coverage. If you have it, it can help cover damages when the at-fault driver can’t.

We handled a case where a hit-and-run driver totaled our client’s vehicle and caused a knee injury. With no driver to pursue, we filed a UM claim and recovered full damages under our client’s own policy, and that’s without raising their premiums. Even when the other driver can’t pay, you still have options.

Will I Have to Go to Court?

Short answer: Probably not, but we’re ready if needed.

Roughly 90–95% of personal injury cases settle before trial. But if the insurer won’t offer what your case is truly worth, we’re ready to litigate.

In one case, a client’s initial offer was just $8,000. After filing suit and preparing for trial, we secured $150,000. Our reputation for courtroom readiness often leads to better settlements because insurers know we’re not afraid to fight. (They actually thank us sometimes too, because we provide all the necessary documentation which some law firms fail to do.)

What Kind of Medical Care Should I Get?

Short answer: Get checked out immediately even if you feel fine.

Some of the most serious car accident injuries, like traumatic brain injuries or soft-tissue damage, don’t show symptoms right away. We had a client with delayed-onset back pain that turned out to be a herniated disc. Prompt evaluation created a clear link between the crash and the injury, strengthening her claim.

We help connect you with trusted doctors and specialists—even if you don’t have insurance. Early care improves both your health and your case.

Who Pays for My Medical Bills?

Short answer: The at-fault driver should, but other coverage may help in the meantime.

Initially, you may use your MedPay coverage, which is optional in Colorado but often included. After that, your health insurance or providers who treat on a lien basis may step in.

We had a client without MedPay or health insurance, but we arranged for her care through a lien, meaning the provider was paid from her settlement. We handle the paperwork, negotiate with providers, and make sure bills don’t derail your recovery.

What Happens If I Can’t Work?

Short answer: You may be compensated for lost income.

If your injury keeps you from working, you may recover past and future wage loss. That includes full-time, part-time, or self-employment income.

We’ve helped teachers, contractors, and gig workers document their losses and claim every dollar. One rideshare driver we represented couldn’t work for three months—we helped recover both lost income and compensation for the impact on his business. Your career matters. We make sure the insurance company sees the full value of what you’ve lost.

Need Answers Now?

Call or text 303-388-5304 for free legal advice. We’ll answer all your questions and tell you what your options are.


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