Case Timeline

We define injury as harm caused accidentally by another’s failure to use reasonable care. The definition of reasonable care is determined on a case-by-case basis. A person may be responsible for an injury caused through their negligent or reckless action. Types of injury cases we help with include – auto accidents, slip and falls, dog bites, work related, product related, dangerous medications, and wrongful death.

Our trained Intake Specialists are here to listen. We’re available by phone, text, chat and email. When a potential client reaches out to us and describes the accident that caused their injuries, our Intake Specialists assist our attorneys in deciding if the circumstances are something we can help with – and if we can’t help, we’ll make sure to put the caller in contact with someone who we believe may be able to. If we think there’s a case, we invite the caller to meet with one of our Client Services Representatives for a Free Consultation.

During the Free Consultation, we explore the details of an accident – here the potential client provides our Client Services Representative about their case – how the accident happened, evidence from the accident, statements from witnesses, insurance information and medical records for any treatment received since the accident. Usually. based upon this meeting, we make an initial assessment of whether we believe we can recover for the potential client and give them the option to hire us. This is done by signing a Retention agreement.

This is a written document by which a client decides to hire us. Our agreement covers important issues like – What we’ll do to help the client recover the maximum amount for their injuries – How we are paid for our services and reimbursed for any out of pocket expenses we may advance for our client. Additional forms signed at this time, give our firm permission to act as a representative on the client’s behalf. These forms assist us as we battle insurance companies, gather records from medical facilities and investigate the parties involved in the accident.

Shortly after a client hires us, a pre-litigation Attorney and a Case Manager are assigned to the case. The client’s Case Manager sends an introductory email to the client and begins to prepare the case file. Case Managers gather information about their client’s injuries, contact the medical facilities where the client is being treated, and contact insurance carriers to request information regarding limits and liabilities. At this point, Case Managers begin the process of monitoring their client’s ongoing treatment status.

After the client has hired us, we go to work investigating the accident and the parties involved. The firm’s prompt use of trained law enforcement investigators makes a HUGE difference in a case. They gather information from police agencies including police reports, recordings of 911 calls, and any camera footage and/or photos that are available. In addition, the investigators interview witnesses, interview our clients and the potential at fault parties, obtain copies of photographs and documents in our client’s possession, and assist us in developing the factual information necessary to help our client receive a fair settlement.

Once we’ve begun to create the client’s case and the Investigations are underway, our Case Managers reach out to their client by phone. Here the Case Manager gets to know more about the client and their needs. The Case Manager will ask about related injuries, previous similar injuries, ongoing treatment, and address the client’s questions. Here we establish the best way to continue to stay in touch while the client receives the treatment necessary to recover. The Case Manager is the best person to reach out to with any questions as the case develops, although our clients are always free to reach out to their assigned pre-litigation attorney or to Mr. Wilhite.

Our founder, Robert Wilhite, makes it a point to visit with all of our personal injury clients at least once during their time with us. Usually, you will have an opportunity to meet with Mr. Wilhite during your Free Consultation. Then you will meet with him approximately forty-five (45) days after you have hire the Firm. The meeting with Mr. Wilhite is a perfect time to have client and family questions answered, update him on ongoing treatment or problems, and have one-on-one access to one of the most experienced personal injury lawyers in Colorado.

Once a client’s injury stabilizes through proper medical treatment, or the client is considered to have recovered as much as medically possible from their accident related injuries, the client is deemed to be at Maximum Medical Improvement, or MMI. Reaching MMI may take weeks, months, or even years. It is the client’s responsibility to notify the law firm that their treatment has ended. To obtain the maximum settlement in a case, our firm normally will wait until the client reaches MMI. Until a client reaches MMI, it is difficult, if not impossible, to fully and knowledgeably assist the client in evaluating the compensation to which they may be entitled. At this point, the Case Manager, with the oversight of the Pre-Litigation Attorney, insures that all pertinent medical records and bills reflecting our client’s medical treatment have been obtained. In some instances in which our client has previously had an injury to the same part of the body, we will obtain the client’s prior medical records. Additionally, if a client’s medical injuries resulted in a temporary or permanent disruption in employment, wage records, wage loss verifications and tax records will be obtained, if they have not already been obtained, in order to document and quantify any loss to past or future earnings or earning potential.

With the assistance of the Case Manager, the Pre-Litigation Attorney drafts a Demand Letter to submit to the insurance company, or if none, to the at fault party. The Demand Letter outlines the details of our client’s accident and accident related injuries, identifies those liable for the injuries, provides documentation proving a client’s claim including medical records and bills, wage loss records, tax returns (when needed), and any other documents we believe will assist in understanding and evaluating the injuries and losses our client has incurred. The Demand Letter details what we believe is a fair settlement for the case. Once a draft of the Demand Letter has been prepared, the Case Manager and attorney schedule a meeting with the client to review the Demand Letter to insure that it is factually accurate and complete. If the Demand Letter and the settlement amount being demanded are acceptable to the client, we send the Demand Letter to the insurance company for review and a prompt response. We normally request that our Demand Letter be responded to within thirty days.

Typically an insurance company will make a counter-offer to the requested amount in a demand letter. Less often, the insurance company may deny the claim. During this phase of the claim, our attorneys actively engage the insurance adjustor directly, advocating for our client to receive maximum compensation for their injuries. Using information concerning the facts of the accident, the extent of treatment, any continuing medical conditions, and any past or future anticipated loss of earnings, the attorney will fight on the client’s behalf and seek to negotiate a fair and reasonable settlement. If the negotiations are successful, and the client gives the Firm permission to accept an offered settlement, the case will move into SETTLEMENT. If, on the other hand, the negotiations are unsuccessful, a determination will be made with the client as to whether the client’s claim should proceed into litigation, that is, whether a formal law suit should be filed against the at fault party.

In many cases, a settlement is agreed to before a case goes into litigation. An out of court settlement claim has advantages to both sides of a dispute. It resolves the claim by agreement, and removes any uncertainty about what the outcome of the claim will be. Settlement avoids the time and significant expense in preparing a claim for trial. When a settlement is agreed to, we assist in reviewing and finalizing the paperwork needed to conclude the settlement and ensure that the settlement funds are promptly received in our office. At this point in the case resolution process, we may assist our client in seeking to reduce medical bills that may have to be paid out of the client’s settlement funds. This is determined on a case-by-case basis.

At this point, the case has been settled and the settlement funds have been received in our office. We schedule a time for the client to come in and we disburse, or release, the settlement funds to the client – minus our fees and any case preparation costs we have advanced for the client. We also withhold a portion of the client’s settlement proceeds, those amounts needed to pay any medical payments that the client may be required by law to pay from the settlement proceeds. These bills may include co-pays and other charges accrued while the client received treatment that were not covered by either the liable party’s or the client’s insurance. They may also include amounts that the client is required to pay back to either the client’s own health insurance carrier, to Social Security, or to a workmen’s compensation insurance carrier, if the client received workmens compensation benefits as a result of the client’s accident related injuries.

Providing our clients with quality legal representation is only part of our job. We want to make sure that we handle our client’s cases efficiently and professionally. Additionally, we seek to treat our clients, at all times, with respect and dignity. As a last step in our process, we send out a review request – this offers us a chance to listen to our client’s feedback and take it into consideration as we continue to help those who need us.