Frequently Asked Questions
Do I have a case?
A. That depends upon three things: (1) Liability: You have to be able to show that the person who injured you did something legally wrong; for example, was careless or violated a law; (2) Causation: You have to be able to show that the incident caused injury or damage to you; and (3) Damages: You have to be able to show that you suffered damages; for example, any one or more of the following: physical injury, pain and suffering, mental/emotional injury, medical expenses, loss of income, or out of pocket expenses. You should consult with experienced legal counsel to examine each of these three elements and how it is best to proceed. We will be happy to meet with you to discuss your potential case.
Should I hire a lawyer?
A. The insurance company for the person who injured you will often deny liability, will usually cause delay, and will always downplay your damages. Why? Because insurance companies are for-profit corporations and they want to pay out as little as possible in claims. They use such tactics as: The auto collision was too minor to cause injury; your vehicle had minimal damage so you weren’t injured; you had pre-existing injuries or conditions; you were at fault too; your medical treatment wasn’t accident related; etc. It is possible for you to handle your own claim, but it probably is not wise. Insurance companies fight claims every day. This may be your first claim. You may not be ready for the battle. You need legal counsel who is experienced in overcoming insurance company deny/delay/downplay tactics and in fighting the battles for you. We focus on personal injury claims. That is all we do. We are ready to help you.
How much is my case worth?
A. Probably more than the insurance company has offered you – or will offer you if you don’t have a lawyer. How much more is the question. And that question cannot be answered without an analysis of liability, causation, and damages. But that is a preliminary analysis. The monetary value of a case is highly fact specific. You are an individual. You are unique. And your injuries and damages are unique. Your case value cannot be determined by a formula or by a computer program. It takes a human being with knowledge and experience in personal injury claims and who actually cares about you as a human being to be able to value your case appropriately. And that valuation will require personal interaction between the attorney and the client. Our attorney, Mac Hester, makes a point of personally meeting with the client and learning the client’s unique condition, abilities, injuries, disabilities and how the client’s daily life has been impacted in order to value the case. That is the only legitimate way to value a case.
What will it cost to meet with you?
A. Nothing. We will meet with you free of charge to discuss your case.
How do you get paid? What is your fee?
A. There is a fee only when you recover money. We get paid when your claim is settled or when a trial judgment is paid. If there is no recovery, then you do not owe a fee. Our standard attorneys fee is 1/3 of the gross recovery. Our fee does not increase if a lawsuit is filed or if the case goes to trial. Many firms increase their fee if a lawsuit if filed or if the case goes to trial. We do not.
Why should I hire you instead of somebody else?
A. Knowledge, experience, personal service, and results. Knowledge: Our attorney, Mac Hester, is the author of the “Negotiations and Settlement” chapter and the “Damages” chapter in the Colorado Auto Litigators Handbook published by the Colorado Trial Lawyers Association (CTLA). He is also the Co-editor of the Auto Litigation section of Trial Talk magazine published by CTLA. Other personal injury attorneys often request his consulting help on their cases. Experience: Mr. Hester has practiced personal injury law for over 28 years and has jury trial experience and Supreme Court appellate experience in South Carolina and Colorado. Personal service: It’s personal, not just business. We will treat you as a person, not as a case or a file number. After a client hires a lawyer, some lawyers disappear and you become a case or a file handled by a paralegal and it’s almost impossible to meet with or talk with the lawyer over the phone. Our lawyer, Mac Hester, will stay in touch with you in person and by phone during the entire process to make sure that you are informed, taken care of, and comfortable. Results: Our mission is to recover as much as we can as inexpensively as we can in the manner that best advances the interests of each of our individual clients. Mr. Hester has been very successful in accomplishing this mission for his clients through settlements and jury verdicts and he will endeavor to obtain the best result for you.