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What to Expect During the Pre-Litigation Injury Claim Process in Colorado

Posted by Michael P. Kane | Apr 29, 2025 | 0 Comments

If you've been injured in an accident in Castle Rock, understanding the pre-litigation process can help you navigate your personal injury claim more confidently. At Kane Trial Law, we're committed to guiding you through each step to ensure you receive the compensation you deserve.

1. Initial Consultation and Case Evaluation

Your journey begins with a free consultation where we discuss the details of your injury case. We'll discuss the circumstances of your injury, review any available evidence, and determine the viability of your claim. This step is crucial for setting expectations and outlining the path forward.

A lawyer and her client signing documents

2. Investigation and Evidence Gathering

Once we take on your case, our team conducts a thorough investigation. This includes collecting medical records, accident reports, witness statements, and any other pertinent information. In Colorado, establishing negligence involves proving that the other party had a duty of care, breached that duty, and caused your injuries as a result. We also immediately determine what the at-fault party's liability insurance policy limits are that provide coverage for the accident.  

3. Medical Treatment and Documentation

Your health and recovery is our priority. We'll ensure you receive appropriate medical care and that all treatments are well-documented. Comprehensive medical records are vital for demonstrating the extent of your injuries and the impact on your daily life. It's important to understand that this process could take up to a year or more depending on the severity of your injuries. You only have one chance to recover compensation and it is vital to know the full extent of your damages before we being negotiating on your behalf.

4. Insurance Demand Preparation

After you've reached maximum medical improvement, we compile a demand to the at-fault insurance company. This document outlines the facts of the case, details your injuries, includes medical expenses, lost wages, and other damages, and specifies the compensation sought. A well-prepared demand package sets the stage for effective negotiations with the insurance company. 

5. Negotiation with the Insurance Company

Insurance companies often aim to minimize personal injury payouts. We handle all communications and negotiations on your behalf, striving for a fair settlement that reflects the true value of your claim. If the insurer responds with a low offer, we are prepared to counter and advocate vigorously for your interests. 

6. Preparing for Potential Litigation

Should the insurance company fail to offer reasonable compensation to resolve the claim, we prepare to file a lawsuit. This involves drafting a complaint, initiating the discovery process, and getting ready for trial. While many cases resolve during the pre-litigation process, many do not and it's important your lawyer is comfortable and skilled at litigating injury cases. 

Conclusion

Navigating the pre-litigation process can be complex, but with the right legal support, you can focus on your recovery while we handle the legal intricacies. At Kane Trial Law, we're dedicated to providing personalized and effective representation to injury victims in Castle Rock and throughout Colorado.

Contact Us

If you or a loved one has been injured due to someone else's negligence, don't hesitate to reach out. Contact Kane Trial Law today for a free consultation, and let us help you on the path to justice and recovery.

About the Author

Michael P. Kane

Mike Kane is a Colorado personal injury attorney specializing in car accidents, truck accidents and catastrophic personal injury litigation. He also represents victims of sexual assault against institutions and individuals. Mr. Kane has spent his entire career helping the vulnerable fight back against the powerful. A third-generation lawyer and Colorado native, he is a former US Marine who served a tour in support of Operation Iraqi Freedom.

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Kane Trial Law is a top-rated personal injury firm in Colorado, as recognized by Super Lawyers and Best Lawyers. We are committed to providing the best representation to injured victims.

We offer a free consultation and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

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Kane Trial Law
115 Wilcox St Suite 220
Castle Rock, CO 80104
303-919-7777

The information on this website is for general informational purposes only and does not constitute legal advice. Viewing this site or contacting our firm does not establish an attorney-client relationship.

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