You Got Hurt. Now What? The Personal Injury Claim Process Before a Lawsuit

You were hurt, and it wasn’t your fault. The insurance company may already be calling, the medical bills are piling up, and you’re wondering what happens next. This guide walks through the personal injury claim process in Colorado, from the first phone call with a lawyer to the day you get your check. It’s based on Episode 4 of Get Ready!, the Ready Law podcast. In that episode, trial lawyer Vern Ready and Director of Operations Jennifer Ready give a behind-the-scenes look at what’s called the “pre-litigation” stage of an injury case. Click the image below to listen.

What “pre-litigation” means

Pre-litigation covers everything that happens before a lawsuit is filed. That includes the investigation, your medical treatment, and the negotiations with the insurance company. Litigation starts when a lawsuit is filed and the case heads toward a judge or jury.

Many injury cases resolve before a lawsuit is ever filed, and many people prefer it that way. There’s one catch, though. Cases settle fairly because insurance companies know your lawyer is willing to file suit. A firm that never goes to court tends to get lower offers. Pre-litigation and litigation work together, even when your case never sees a courtroom. Vern Ready has been in courts throughout Colorado and in front of judges and juries. Ready Law does not hesitate to take cases to a jury to get a fair outcome.

Step 1: Choose a lawyer you trust

Free consultations really are free. You can get advice from an experienced attorney, ask questions and still decide not to hire them.

Take your time with this step, because injury cases can take a year or two, and longer if a lawsuit is needed. Look for a lawyer who is:

• Someone you trust and can talk to openly
• Responsive, so you aren’t left wondering for months what’s happening with your case
• Able and willing to take your case to trial if that’s what it takes

If it doesn’t feel like a good fit, keep looking. It takes effort up front, but a good relationship with your lawyer pays off for the rest of the case. You can take advantage of your free consultation with us at any time by filling out the web form on the page or calling us at 303-339-8846.

Step 2: Sign the fee agreement

Most injury lawyers, including Ready Law, work on a contingency fee. You don’t pay anything up front, and the lawyer is paid a percentage of what they recover for you. If there’s no recovery, there’s no fee. Your lawyer has skin in the game, so you’re both working toward the same goal. If you choose to sign with Ready Law, we charge 33.33% of what we recover for you, and that fee stays the same regardless of whether we take your case to trial.

We view that goal as “full and fair compensation.” Early on, nobody knows yet what that will mean for your case, and an honest lawyer will tell you so. The true value depends on how your injuries and your recovery play out.

Step 3: Investigation and gathering evidence

Right after you hire a lawyer, there’s a burst of activity. You’ll be asked to share everything you have, such as photos of the scene, your injuries and the vehicles, plus any accident report and your ER records. Then your legal team gathers the rest for you:

• The full police report, body cam footage and officer photos
• 911 call recordings
• Surveillance video from nearby businesses
• Vehicle “black box” data, and trucking company records in commercial vehicle cases
• Witness statements and a visit to the scene

Why “don’t wait” isn’t a sales pitch

When a store says “buy now,” it’s for the store’s benefit. When an injury lawyer says not to wait, it’s because it could harm your case. Evidence disappears. Surveillance footage is often overwritten within about 24 hours, and vehicles get repaired, sold or scrapped.

More importantly, some legal deadlines are even shorter than people expect. In Colorado, a claim against most government entities requires written notice within 182 days of the injury.
That said, don’t assume it’s too late. Waiting 60 days doesn’t mean you have no case. Get help as soon as you can.

Step 4: Medical treatment, the most important step

Your recovery comes first. The goal is to get all the care you need and none of the care you don’t.

Getting the right care isn’t always easy. After the ER, many people are told to follow up with a primary care doctor, then wait for referrals, and they end up lost in the system. Part of a good lawyer’s job is helping you find your way through it.

A few things often surprise people:

• Some injuries show up later. Head injuries, PTSD and other trauma responses can appear days or weeks after the event. Even orthopedic injuries may be overlooked if other parts of your body are more obviously in need of care.
• Treatment isn’t only physical. It can include psychotherapy and other mental health care.
• Gaps in treatment get used against you. Insurance companies often treat a gap between appointments as proof you weren’t really hurt. They rarely ask why the gap happened, whether it was work, child care, cost, or a plateau in your recovery. Your lawyer can explain the real reason.

Negotiations usually begin once your condition has stabilized and your doctors have a clear picture of where your recovery stands.

Step 5: The settlement demand letter

At Ready Law, we call it a settlement opportunity. You’ll also hear it called a demand letter. It’s the insurance company’s chance to do the right thing without a lawsuit.

A strong demand is much more than a stack of medical records and billing codes. It explains:

• Liability: why the at-fault driver, property owner or company is legally responsible
• Damages: medical bills, lost income and future care
• The human story: your life before and after the injury, and the things no formula captures

An insurance company’s algorithm has no input for “can’t lift the grandkids anymore” or “the things I love doing are harder.” A demand letter can make that impossible to ignore. Photos, videos, and medical records support the story the letter tells.

Not every case needs a demand letter. Sometimes an experienced trial lawyer can tell a case won’t settle fairly at this stage, and filing a lawsuit early is the better strategy.

Finding all available coverage

The at-fault party’s insurance isn’t the only possible source of money. Your lawyer will also look at underinsured motorist (UIM) coverage, umbrella policies, and sometimes homeowner’s policies. In Colorado, a UIM claim can often be worked on at the same time as the liability claim.

Step 6: Negotiation and insurance company tactics

The first offer is almost never the best offer. Common tactics include:

• Lowball offers. Sometimes the offer is barely more than the medical bills, even when the insurer’s own internal valuation is much higher. Pain and suffering doesn’t come with a receipt, and insurers take advantage of that.
• Blaming you. An insurer may cut its offer by a percentage, like 20%, claiming you were partly at fault. This can happen even when you were rear-ended while stopped at a red light or walking in a crosswalk, and before a lawsuit is filed, they don’t have to explain why.
• Take it or leave it. One person alone has little leverage against a huge company that handles thousands of claims. A lawyer who is ready to file suit changes that balance.

Step 7: Settle or sue? That’s your decision.

Eventually your lawyer will tell you, “This is the best offer we’re likely to get without a lawsuit.” Sometimes that offer is the policy limits, meaning all of the insurance that’s available.

The choice to settle or file a lawsuit always belongs to you, not your lawyer. A good attorney will lay out your case’s strengths, its weaknesses and the risks of each path. There are good reasons to go either way, including your health, your finances, how long you’re willing to wait, and how much uncertainty you can live with. Going to trial isn’t the right choice for everyone, and settling isn’t either.

Step 8: After you settle

Settling doesn’t end the work. Before the check arrives, your legal team may need to:

• Finish any UIM or other coverage claims
• Resolve medical liens, which are balances for treatment that providers agreed to hold until your case resolved, and sometimes negotiate them down
• Disburse the funds

Then comes the best part: delivering a check that compensates you for your pain, disruption, and loss. It won’t undo what happened. But it can bring relief, accountability, and a measure of justice.

Frequently Asked Questions

Do most personal injury cases settle before a lawsuit?

Many do. A fair pre-litigation settlement usually depends on the insurance company believing your lawyer will file suit if he or she has to.

How long does the personal injury claim process take in Colorado?

Some claims resolve in a few months. Many take a year or two, and cases that go into litigation take longer. Your medical recovery is often what sets the timeline, and a lawyer can tell you what to expect.

Should I accept the insurance company’s first offer?

Usually not. First offers rarely reflect the full value of a claim. Talk to a Colorado personal injury lawyer before you sign anything.

Who decides whether to settle?

You do. Your lawyer advises you, but the decision is always yours.

Hurt in Colorado? Get Ready.

Ready Law is a family-run personal injury firm in Centennial, serving the Denver metro area and all of Colorado. If you’ve been hurt, call (303) 339-8846 or complete the web forms on the page for a free consultation.

Listen to the full conversation on Episode 4 of Get Ready! wherever you get your podcasts or join us on YouTube, and look for our upcoming episode on what to expect once a lawsuit is filed.

This article is for general information only and is not legal advice. Every case is different.