Legal Question in Personal Injury in Colorado

Typically, an attorney has a duty to inform a client about any offers to settle. The attorney should advise the client of the terms, conditions, and any implications of the settlement, as well as the attorney's recommendation. Settlements can be complicated. In Colorado, we have a cost-shifting offer of settlement statute. An offer by either party to settle, when made under specific, statutory conditions, can be a basis for an enhanced award of costs against a party who rejected an offer which was better than the ultimate jury/court verdict. In other words, if you reject one of these offers, you better feel confident that you can do better with the jury or judge deciding the case. Also, Medicare, Medicaid, ERISA benefits, subrogated medical insurance payments, may all have claims against a settlement, and need to be addressed before a settlement is made.