Inside the Issue:

 

• Common Misconceptions of a Personal Injury Accident Claim
• What Is the Difference Between a Claim and a Lawsuit?
• Meet Thomas & Learn About His Semi Truck Accident Experience

Common Misconceptions of a Personal Injury Accident Claim

 

Personal injuries after a major Colorado car accident can easily leave injured parties with accumulating medical expenses at a time when they might also be dealing with a decrease in earnings as a result of their injuries. Yet sadly, many individuals are dissuaded from getting legal representation and pursuing an injury lawsuit because of common misconceptions concerning the personal injury claims procedure. This article is intended to set the record straight regarding such misconceptions and motivate anyone to talk about your claim with our team of Colorado car accident attorneys so we can fight for the compensation you should have.

#1: If I Need The Money, I Can Settle Prior To Completing Medical Treatment And Reopen The Case Later If Necessary

Incorrect. While you do not need to wait for injury resolution before settling your personal injury claim, doing so risks not receiving full compensation for the true scope and extent of your injuries. Once you sign a release in exchange for any money paid to you, you are normally precluded from pursuing additional claims later. Waiting for a complete assessment of your injuries is the only way to make sure you receive the full amount of compensation you deserve.

#2: If There Is Insurance, I Am Assured Full Compensation For My Losses Arising From A Personal Injury Accident

Untrue. Due to the potential of disputes over liability or due to the lack of adequate limits of insurance coverage, there really are zero guarantees that personal injury accident victims will obtain any kind of or all the compensation they really need. However our team of Colorado car accident attorneys will happily advise you regarding your remedies and the possibilities of succeeding in your personal injury claim.

#3: Personal Injury Cases Regularly End Up In A Long, Drawn-Out Trial

Incorrect. Actually, the majority of personal injury claims are resolved outside of trial by means of negotiations among the parties involved. It is often in the best interests of the participants to settle in good faith. Our skilled Colorado personal injury lawyers at Frank Azar Car & Truck Accident Lawyers are often able to obtain an out-of-court resolution that avoids the risks, delays, and uncertainty of a trial.

#4: I Do Not Really Need An Attorney To Represent Me With Regard To A Personal Injury Case

Even though you are certainly not obligated to employ an accident lawyer, personal injury lawsuits in Colorado can be difficult and complicated. In the event that you say or do the incorrect thing, your lack of experience can easily cost you. Allow our firm of Colorado accident lawyers to assist you through the procedure and aid you in obtaining the personal injury compensation you should have within a reasonable time frame.

#5: The Motorist That Struck Me Got The Ticket Which Should Help My Personal Injury Claim

False. The jury will likely never be informed that the other driver received a traffic ticket for your car accident or has received other traffic tickets in the past. Under a statute in Colorado, this particular type of information is not admissible in a civil jury trial concerning the damages resulting from the accident.

#6: The Person That Hit Me Possesses Sufficient Insurance Coverage For My Damages, So I Can Sue That Insurer If It Doesn’t Pay

Incorrect. In Colorado, a car accident victim normally can file a lawsuit just against the at-fault party and cannot sue the insurance company for that party. Additionally, in trial the jury cannot be advised whether or not a party has insurance to pay your losses or whether or not they have any type of coverage whatsoever. The jury is to determine the case with no knowledge as to whether an insurance company is going to pay the verdict.

#7: My Health Insurance Already Paid My Medical Bills Or My Employer Paid My Lost Earnings, So I Am Not Entitled To Compensation For Those Losses

Not true. The benefits provided by other sources (known as “collateral sources”) normally do not reduce the compensation that the at-fault party should pay. Because you pay for your health plan and earn lost wage benefits through your work, the at-fault party does not get a reduction in the damages owed because of benefits that you paid others to receive. Those losses may be still included in the claim against the at-fault party.

#8: The Other Motorist Was Definitely Responsible And Has Insurance Coverage, So His Insurance Company Will Assist Me In Paying My Ongoing Medical Expenses

Incorrect. An insurance company providing liability coverage to someone else typically will not advance any funds to help you pay your medical expenses while you are receiving treatment. Prior to reaching a final settlement or having a judgment entered by a court, liability insurance coverage does not have to pay you for your medical costs.

#9: I Feel Awful Regarding What Occurred, And I Want To Go See The Other Person Who Is Currently In The Hospital, But Visiting Him Will Hurt My Case

If you find yourself in a car accident with somebody, specifically if it is a devastating collision resulting in serious injuries, and you feel like dropping by the hospital to see him or her, or giving a card or flowers, then feel free to do this! We are all human, and frequently are afraid lawsuits could hinder us from doing the appropriate thing. No matter who is at fault, often a simple contact with the other person so as to display to them you are certainly worried will go a very long way to calm everybody down and help make all things easier in the future. Just be careful in what you say so that your sentiments are not construed as an admission of fault on your part if that is not true.

#10: The Jury Will Take Into Consideration How Much Money I Will Have To Pay My Lawyers And Provide Me Funds Above And Apart From My Losses

Not true. The jury is not instructed to award your attorney’s fees as part of the damages, as the law provides that generally the parties pay their own attorney’s fees regardless of who wins or loses the trial.

These are simply a handful of questions and answers concerning the usual misconceptions that relate to personal injury cases.

If you find yourself with a personal injury claim, or are thinking of filing a lawsuit on such a claim, you really need a Colorado car accident lawyer that understands the legal system and understands the best ways to navigate around it!

What Is the Difference Between a Claim and a Lawsuit?

 

If you’ve been injured and are thinking about your legal options, it’s likely that you’ve come across the terms “claim” and “lawsuit” many times. These terms aren’t interchangeable, and you may be surprised to learn that most personal injury cases actually begin with filing an insurance claim rather than a lawsuit. Understanding what makes these two paths different is key to setting the right expectations for your case.

Insurance Claim vs. Lawsuit

An insurance claim is a request for payment under an insurance policy. The injured party (or their lawyer) notifies the insurer, shares evidence like medical records, repair estimates, photos, and witness statements, and asks for a settlement. A claim can be “first-party” (the injured party files with their own insurer) or “third-party” (the injured party files against the at‑fault person’s insurer). An adjuster investigates fault and value, then makes an offer. The process is informal compared to court. There are no judges or juries, and most communication is by phone, email, and letters. Many claims settle through back‑and‑forth negotiation without any lawsuit.

In contrast, a lawsuit is a formal legal action filed in court. It starts when the plaintiff files a complaint that explains what happened, why the defendant is legally responsible, and what damages are claimed. The defendant is served and must respond. The case moves into discovery, where each side exchanges information under rules and deadlines, takes depositions, and may use experts. If a settlement cannot be reached between the parties, a judge or jury decides the outcome at trial. Lawsuits are public, structured, and governed by strict timelines.

Why Do Lawyers File an Insurance Claim First?

In personal injury cases, lawyers often begin by filing an insurance claim because it provides a faster, more efficient path to resolution without the costs and uncertainties of litigation, such as filing fees, long court schedules, and procedural hurdles.

A claim gives the injured party (and their lawyer) the chance to negotiate for the compensation they believe they are entitled to, and they may decide whether to accept or reject the insurer’s offer. The process also remains private, which can be important for both individuals and businesses who may be concerned about reputational risks. While the insurer has the final say in this process, presenting solid evidence with the guidance of a lawyer encourages them to act reasonably. If the insurer refuses to value the claim fairly, the option to file a lawsuit can provide additional leverage.

When and Why Does a Claim Turn Into a Lawsuit?

A claim turns into a lawsuit when informal negotiation hits a wall or when a legal deadline is approaching. Common triggers include a low offer that doesn’t cover medical bills, lost income, or long‑term impacts; a denial of coverage; or a dispute over who was at fault. Sometimes the insurer delays, requests repetitive documentation, or refuses to engage. When progress stalls, filing suit can be the only way to move the case forward.

Deadlines matter. Every claim is subject to a statute of limitations that sets the last day to file a lawsuit. If negotiations are dragging and that date is near, a lawsuit may be necessary to preserve the injured party’s rights. Lawsuits also provide tools that claims do not. Through discovery, a lawyer can require the other side to answer written questions, produce records, and sit for depositions under oath. Courts can compel compliance and issue orders to resolve disputes over evidence.

Strategic considerations also push claims into litigation. The injured party may need a judge’s ruling on a key legal issue, or expert testimony that the other side will only take seriously in a formal case. If there are multiple defendants pointing fingers at each other, the structure of a lawsuit helps sort out responsibility. And if an insurer won’t evaluate the injured party’s losses in good faith, a lawsuit can place the decision in the hands of a neutral judge or jury.

The Key Differences Summarized

While both paths aim to resolve the same problem, compensation for losses, the difference between a claim and a lawsuit shows up in how decisions are made, how evidence is handled, and how long things take.

• Decision-maker and control

  In a claim, the insurer decides what to offer, and the injured party chooses whether to accept. In a lawsuit, a judge or jury decides liability and damages if both parties are unable to settle. Settlement control exists in both paths, but court puts a neutral decision‑maker in play.

• Process and rules

  Claims are informal and flexible. Lawsuits follow strict rules of procedure and evidence, with deadlines, court hearings, and potential trial. Missed deadlines in court can harm a person’s case.

• Speed and cost

  Claims often resolve faster and with lower costs. Lawsuits can take months or years, involve filing fees, expert costs, and significant attorney time. That said, litigation may be the only avenue to full value when an insurer underpays.

• Evidence and access

  In claims, the injured party voluntarily shares proof to persuade an adjuster. In lawsuits, discovery lets both parties require documents, take depositions, and use subpoenas. Court orders can enforce cooperation.

• Confidentiality

  Claim negotiations and settlements are usually private. Lawsuits are public records, and trials are generally open to the public.

Thomas’ Semi Truck Accident Story

THE CAR ACCIDENT ATTORNEYS AT FDAZAR

For nearly forty years, the attorneys at Frank Azar Car & Truck Wreck Lawyers have helped thousands of injured people obtain complete and timely compensation for their losses. Our proven track record and expertise have allowed us to grow into the largest personal-injury law firm in Colorado, with offices in Aurora, Boulder, Brighton, Cheyenne, Colorado Springs, Denver, Fort Collins, Glenwood Springs, Grand Junction, Greeley, Lakewood, Littleton, Longmont, Loveland, Pueblo, and Thornton. If you’ve been injured in a bus, car, rideshare, truck, bicycle, or motorcycle accident, you may be entitled to compensation. Please call the car accident attorneys at FDAzar day or night at 720-707-2143 or contact us here for a free, no-obligation consultation and evaluation of your case.