Mac Hester Law
Should You File a Claim or Lawsuit
Claim or a Lawsuit: Are they different?
In a recent blog, we went over some of the characteristics of a claim against an insurance company. Claim or a lawsuit is a question we answer all the time. We know it is difficult for many people to discern between whether or not to file a claim or a lawsuit. This is why we wrote this post and or recent one on claims. Here we’ll go over a personal injury lawsuit. Many of the factors of a personal injury lawsuit are the same as a personal injury claim.
Factors which are similar between a Claim or a Lawsuit
- When you have made a claim against an insurance company, and they have refused to pay the claim, or have offered an unacceptable settlement, you may be in the position to initiate a lawsuit against them.
- You should consider arbitration or mediation before committing to a courtroom-based lawsuit.
- Lawsuits are usually filed for only the most severe of injuries, dismemberment, permanent disability, or death.
- Lawsuits are lengthy and costly and this will eat into any amount you are finally awarded.
- In Colorado, the statute of limitations gives you two years to file a claim.
- The state of Colorado has caps. This means that for non-medical malpractice, non-economic damages, otherwise known as pain and suffering, you cannot be awarded more than $250,000, or $500,000 in cases of “clear and convincing evidence.” This amount can be adjusted for inflation.
Mac Hester Law is headed by Mac Hester who has been practicing law since 1986 and in Fort Collins since 1991. In that time he has learned that personal injury law is just that, personal. He will take the time to get to know your case, and will work diligently to see that your claim is paid or that you win your case. Contact Mac Hester Law today.