FREQUENTLY ASKED QUESTIONS
Straightforward Answers to Colorado Personal Injury Questions
If you’ve been seriously injured — or lost a loved one — you have questions. Beth Klein, P.C. provides honest, plain-language answers to the questions we hear most often. If your question isn’t here, call us. The consultation is always free.
General Questions
To have a personal injury case in Colorado, you generally need to show: someone owed you a duty of care, they breached that duty through negligence or wrongful conduct, that breach caused your injury, and you suffered actual damages — physical, financial, or both.
If another person, company, or entity acted carelessly or recklessly and you were seriously hurt as a result, it is worth speaking with an attorney. The evaluation is free, and Beth will tell you directly whether your situation is one she can help with.
The clock generally starts on the date of injury — or the date you discovered (or reasonably should have discovered) that an injury occurred. Missing the deadline permanently eliminates your right to file, regardless of how strong your case is. If you’re unsure when your deadline runs, contact Beth Klein immediately.
No — not before speaking with an attorney. The other driver’s insurance company does not represent you. Their adjusters are trained professionals whose job is to resolve your claim for as little money as possible. They may seem helpful and sympathetic — that is part of the approach.
A recorded statement, an early settlement offer, or a signed release can dramatically reduce or eliminate your right to fair compensation. Speak with Beth Klein first. The consultation is free.
Colorado follows a modified comparative fault rule. You can still recover compensation even if you were partially at fault — as long as your share of responsibility is 50% or less. Your damages are reduced proportionally by your percentage of fault.
For example, if you were found 20% at fault and your total damages were $500,000, you would recover $400,000. Defense attorneys aggressively pursue comparative fault arguments to reduce what they owe you. Having a skilled trial attorney matters enormously in these situations.
Beth Klein handles personal injury and wrongful death cases on a contingency fee basis — meaning you pay no attorney fees unless she wins compensation for you. You do not need money upfront to get experienced legal representation.
The initial case evaluation is always free. If Beth takes your case, she will explain the fee structure clearly and in writing before any agreement is signed.
The Legal Process
Most personal injury cases settle before trial — but only when the other side offers fair compensation. The reason settlement is possible at all is because the trial threat is real. Insurance companies know which attorneys actually go to court and which ones don’t. They price their offers accordingly.
Beth Klein builds every case for trial from day one. That preparation is what produces strong results at the negotiating table. If a fair offer is not made, she will take the case to court. She has done it before — and won.
It depends on the complexity of the case. Straightforward cases that settle without litigation can resolve in months. Complex cases involving serious injuries, multiple defendants, disputed liability, or trial can take two to four years or longer.
One important principle: you should generally wait until your medical condition has stabilized before settling. Settling too early — before the full extent of your injuries is known — can result in receiving far less than your case is worth. Beth will advise you on timing as part of her case strategy.
The more evidence you can preserve immediately after an incident, the stronger your claim. Key evidence includes:
- Photographs of the scene, your injuries, vehicles, or defective products
- Police or incident reports
- Witness names and contact information
- All medical records and bills related to your injury
- Documentation of lost wages and income
- The defective product itself — do not repair or discard it
- Communications with insurance companies or other parties
Beth Klein will conduct her own thorough investigation when she takes a case, but the sooner you preserve evidence, the better. Witnesses’ memories fade, accident scenes change, and products may be recalled or repaired.
A settlement is a negotiated agreement between the parties to resolve a claim for an agreed amount, without going to trial. Settlements are private and generally final.
A verdict is the decision reached by a judge or jury after a trial. Verdicts are public and can be appealed, though most are upheld. Beth Klein has achieved significant results through both — including a $19M trial verdict in Iraq and a $1.25B negotiated class action settlement.
Damages & Compensation
Depending on the circumstances, you may be entitled to recover:
- Past and future medical expenses
- Lost wages and reduced future earning capacity
- Pain and suffering
- Emotional distress
- Permanent disability or disfigurement
- Loss of enjoyment of life
- Loss of consortium (impact on your relationship with a spouse)
- Punitive damages — in cases involving particularly reckless or egregious conduct
The value of a serious injury case depends on the severity and permanence of the injury, the extent of economic losses, the quality of legal representation, and many other factors.
There is no universal formula. Case value depends on many factors: the severity and permanence of your injury, the strength of the liability evidence, the defendant’s financial resources and insurance coverage, the jurisdiction, and — critically — the skill of the attorney pursuing the claim.
Insurance companies have experienced adjusters and defense attorneys working to minimize what they pay. Having a trial attorney with a documented record of significant verdicts changes the dynamic entirely. Beth Klein will give you an honest assessment of your case’s potential value during the free evaluation.
Punitive damages (called “exemplary damages” in Colorado) are awarded in addition to compensatory damages in cases where the defendant’s conduct was particularly reckless, willful, or egregious. They are designed to punish the defendant and deter similar conduct in the future.
In Colorado, punitive damages are available in personal injury cases when the plaintiff proves by clear and convincing evidence that the defendant engaged in willful and wanton conduct. They are not available in all cases, and Colorado law caps them at the amount of actual damages awarded. They are most common in cases involving drunk drivers, defective products where the manufacturer knew of the danger, and insurance bad faith.
Car & Bicycle Accidents
- Call 911 — get police and medical help on the scene
- Seek medical attention, even if you feel fine — some injuries appear days later
- Photograph everything — vehicles, the scene, injuries, road conditions, skid marks
- Get all driver information — name, license, insurance, contact details
- Collect witness names and contact information
- Do not admit fault or apologize, even casually
- Do not give a recorded statement to any insurance company before consulting an attorney
- Do not sign anything from any insurance company without legal review
You may still have significant recovery options. Colorado requires drivers to carry uninsured/underinsured motorist (UM/UIM) coverage, and your own insurance policy may provide compensation even when the at-fault driver has inadequate or no insurance.
Beth Klein won the largest PIP bad faith verdict in Colorado history — $2.1 million — against an insurance company that wrongfully denied coverage. She knows how to pursue every available avenue of recovery, including claims against your own insurer when they act in bad faith.Learn more about car accident claims →
Yes. Under Colorado law, cyclists have the same rights and responsibilities as motor vehicle drivers. A driver who violates a cyclist’s right of way, fails to maintain safe passing distance, or causes a collision through inattention can be held fully liable for the resulting injuries and losses.
Beth Klein has a 100% recovery rate in bicycle accident cases — and represents elite competitive cyclists who need an attorney who understands not just the legal side but the full financial and competitive impact of a serious injury.Learn more about bicycle accident claims →
Possibly. If your crash was caused by a road defect, inadequate road maintenance, hazardous road striping material (such as glass beads used in lane painting — a known Colorado hazard), or a defective bicycle component, you may have a claim against a government entity, road contractor, or product manufacturer — even without another driver involved.
Beth Klein has won cases involving injuries caused by glass bead road striping on Colorado roads. If you’re unsure whether your solo crash has a viable claim, a free evaluation will give you a direct answer.
Product Liability
A product liability claim holds manufacturers, distributors, or sellers responsible when a defective product causes injury or death. Colorado recognizes three theories:
- Design defect— the product’s design was inherently unsafe, even when built as intended
- Manufacturing defect— the design was safe, but something went wrong during production
- Failure to warn— the product lacked adequate instructions or warnings about its risks
In many Colorado product liability cases, you do not need to prove traditional negligence — showing the product was defective and caused your injury may be sufficient under strict liability principles.Read our guide to defective product injuries →
- Seek medical attention immediately and follow all treatment recommendations
- Preserve all packaging, receipts, and product documentation
- Photograph the product, your injuries, and the scene
- Do not give a statement to the manufacturer’s insurance company before speaking with an attorney
- Contact a product liability attorney as soon as possible
International product liability cases are complex but not impossible. The full supply chain can be liable — the overseas manufacturer, the importer, the U.S. distributor, and the retailer who sold you the product. Identifying the right defendants, serving them properly, and navigating cross-border legal issues requires specialized expertise.
Beth Klein has specific, documented experience litigating against manufacturers in Taiwan and China — including cases with individual awards averaging $13–$19 million. If your injury involves an imported product, her experience is particularly relevant.
Wrongful Death
Colorado law establishes a specific order of priority for wrongful death claimants. In general:
- The surviving spouse has the exclusive right to bring a claim in the first year after death
- After one year, adult children may also bring a claim alongside or instead of the spouse
- In some circumstances, other heirs may have standing
The rules are specific, time-sensitive, and can be complicated by family circumstances. Contact Beth Klein as soon as possible to understand your rights and protect them within the applicable deadlines.
Colorado wrongful death claims may include compensation for:
- Loss of the deceased’s income and financial contributions to the family
- Loss of companionship, guidance, and emotional support
- Grief and bereavement of surviving family members
- Funeral and burial expenses
- Medical expenses incurred before death
- Punitive damages — when the conduct causing the death was particularly egregious
Wrongful death cases vary significantly in duration. Some resolve through negotiated settlement within one to two years. Complex cases involving disputed liability, multiple defendants, or trial can take three to five years or more.
While grieving families understandably want resolution, it is important not to settle prematurely. The full value of the loss — including long-term financial impact, grief, and loss of companionship — must be fully documented and presented before any settlement is considered.
Legal Malpractice
Legal malpractice occurs when an attorney fails to meet the standard of care expected of a competent lawyer, and that failure causes a client to suffer real harm. Common forms include:
- Missing a statute of limitations or other critical filing deadline
- Failure to properly investigate or conduct discovery
- Misuse or theft of client funds
- Failure to communicate material information
- Conflict of interest — representing adverse parties or placing personal interests above the client’s
- Failing to know or correctly apply the law
Generally two years from the date you discovered — or reasonably should have discovered — the malpractice. This is not always the same as when the error occurred. If you have any reason to believe your attorney made a serious error, do not wait. Contact Beth Klein for a free evaluation as soon as possible.
Beth is direct about what she takes on. She does not accept:
- Medical malpractice cases — Beth sues lawyers, not doctors
- Cases against judges, prosecutors, or governmental entities
- Cases originating from family law matters
- Cases where the underlying matter is still pending (there must be a final judgment)
- Cases where you learned of the malpractice more than two years ago
- Cases against attorneys other than your own former attorney
Working With Beth Klein
Beth personally reviews every inquiry. During the evaluation, you will share the facts of what happened — your injury, the circumstances, what you’ve done since, and what you’re hoping to achieve. Beth listens carefully, asks questions, and gives you an honest, direct assessment of your situation.
There is no cost, no obligation, and no pressure. If she can help, she will tell you how. If she cannot — or if your situation isn’t the right fit for her practice — she will tell you that too, honestly and directly.
Beth intentionally limits her caseload to a small number of clients at any given time. This is not a limitation — it is a commitment. Every client who hires Beth Klein gets Beth Klein directly: her attention, her preparation, and her absolute dedication from the first call through the final resolution.
She currently has a limited number of openings. If you have a serious injury or wrongful death matter, do not wait to reach out.
Yes. While Beth’s office is in Basalt and she primarily serves clients in the Roaring Fork Valley — Aspen, Basalt, Carbondale, Glenwood Springs — she accepts serious personal injury and wrongful death cases throughout Colorado and nationally.
For complex or international cases, geography is never a barrier. Beth has tried cases across the United States and internationally, including a $19 million verdict in Dallas, Texas for a client injured in Baghdad, Iraq.
Call Beth Klein, P.C. directly at 303-448-8884 or submit an inquiry through the contact page. The consultation is always free, always confidential, and always with Beth personally — not with a call center or intake coordinator.