What Our Law Firm Can Do For You
Types of Claims
There are two basic types of damage claims in civil jurisprudence. One is for “negligence,” the failure by the wrongdoer to live up to a reasonable standard of care. The other claim is for “breach of a contract,” or failure to live up an agreement that was relied upon. To establish a claim there must first be a fault committed. Second, the injuries, damages or losses must be significant enough to justify the work required to obtain recovery.
The Fee Agreement
You may retain an attorney on an hourly basis, paying only for time expended. An alternative arrangement is for a contingency fee, which gives the attorney a percentage of the total amount recovered, usually 33 to 50 percent. The costs incurred in preparing the case remain the client’s responsibility. Some costs, such as court filing fees, are standard. For other costs your attorney obtains your permission ahead of time. Some costs such as for a medical doctor’s testimony or an economic loss study by a C.P.A. can be high. Special arrangements may be required. The contingency fee agreement is laid out on a form adopted and approved by the Colorado Supreme Court, which may require the payment of an initial retainer, for which you receive credit against the percentage fee once the claim is settled.
My Job as Your Attorney
My job is to evaluate and pursue the claim, protect your rights, evaluate your claim, negotiate in accord with your wishes, and work to obtain the best result possible.
Evaluation of the Claim
Evaluation of the claim requires examination of liability and damages caused. Liability questions relate to fault or breach of contract and include an assessment of whether those responsible have resources to provide compensation.
A damage evaluation includes an assessment of what the damage may amount to in the future as well as up to the present. In an injury case, for example, the assessment may address such questions as whether you have reached your maximum medical improvement, how long into the future the damages may extend, whether you have acted responsibly to limit their impact, and whether you have sustained damages not caused by the incident in question. In a business dispute, the loss may be calculated from the breach of a contract or future loss of revenue.
I will share my evaluation with you, and assuming it makes sense to pursue the claim, will work together with you to resolve it in accordance with your wishes and instructions.
Once you have retained my services, I will represent you in matters relating to the claim. Should you receive phone calls relative to your claim, you should refer callers to me. Should you receive paperwork relative to your claim, you should share it with me, along with all documents and information which you are requested to obtain. You should not provide information to others about your claim without my prior authorization.
I will convey to you any offer of settlement made by the other side, and will not make any offers to settlement without your authority and agreement. As we work together in gathering information, analyzing the impact of the applicable law on the facts, and brainstorming choices as the case proceeds, you should feel comfortable in relying on my evaluation and opinion.
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