There may come a time in your life when you are injured, perhaps seriously, and it’s not your fault. When this happens, you are often entitled to compensation for medical expenses, pain and suffering you endure the loss of income, and even emotional stress. There’s a whole field of law known as the civil liability that deals with personal injury lawsuits.
This area is large enough, too. There is a certain discomfort with what seems at times to be settlements and judgments that are not consistent with injuries received, and in line with common sense. These high profile cases have attracted the attention of many and led to calls for reform of liability laws and limits on the amount of judgments. This is particularly true in the field of medical malpractice in which judgments have forced the excessive cost of medical malpractice insurance, a cost that is spent on patients and results in increased costs of health care.
Despite these exceptional cases, civil liability from a person who was injured the opportunity to receive fair compensation if the injury is at a point where it caused a crisis in his life. If you find yourself in this situation there is a rule for where to start. Finding a Denver personal injury lawyer is a good idea as tort law is very complicated and you have a chance of not being awarded what you deserve.
One of the first rules is to find a lawyer with experience in the area where the case will be heard. If your case will be tried in Denver, you will want to find a Denver personal injury lawyer to represent you and your case. Not only do laws vary from place to place, but the courts and judicial procedures. The second rule is to find a lawyer with a good reputation and a history of success in similar cases. You need to shop around a bit for a lawyer, rather than looking in the first column. Many lawyers offer free initial consultations, and this meeting is essential. Listen carefully to what you said about the legal aspects of the case, and the chances of success. If you are not satisfied with what you feel, or are unsure, please seek a second opinion. Remember that personal injury lawyer that you hired will charge based on the amount of money you get so they will want to make sure you get what’s coming for you so they get paid as well.
In addition to the yellow pages, there are referrals to lawyers who will help you find the right lawyer. Many of them are sponsored by the State Bar and will be able to connect to the lawyer with more experience in dealing with the type of case. There are also web directories that can help guide too.
The root cause of most motorcycle accidents is driver error. If the truck driv er is impaired from drugs or sleep deprivation. Other common causes are speeding, poorly loaded cargo and knowingly having mechanical problems. If you were a victim in a Denver motorcycle accident. If the driver involved in an accident was employed by a trucking company or other firm, then they may be liable for accidents. A knowingly incompetent or impaired driver should not be allowed on the road according to civil precedents.
If you were the victim of a motorcycle accident, especially one caused by a professional trucker, you should investigate the driver’s company. Allowing a impaired driver on the road is grounds for a Denver personal injury lawsuit. Driver error is 10X more likely to cause car accidents than weather, or road conditions. Make sure a driver in a Denver car accident were not using prescription or other drugs. Speeding and fatigue are other major factors.
When truckers get paid by how fast they deliver products, it leads to drivers going beyond federal guidelines. Fatigued drivers to fall asleep or not notice or misjudge traffic conditions. This causes Denver traffic accidents. There are service rules for professional drivers on how much they drive a year. Any driver that worked more than 14 hours in a day or drove for 11 straight hours could be liable for a negligence suit. After a certain number of hours in a certain number of days the driver can no longer drive.
To get around this, sometimes truckers fudge the log books. This can be detected with good investigative work by a Denver accident attorney. This is determined by time stamps at ever loading and unloading destination. On the other hand, mis-logging hours by itself is a suable offense.
Another common cause of accidents are those caused by drugs. Some truckers are trying to get around those tests with products specifically designed to defeat these tests. So the federal government now asks companies to look for drug tests from previous companies.
Driving a truck is inherently dangerous because of the blind spots on either side. If a car enters the blind spot, the driver cannot see it. However, it is the driver’s responsibility to monitor cars and motorcycles entering the blind area. Blind spots are dangerous areas that motorcycle riders should avoid. Truckers that try and take a turn too fast may roll over bikes. Improperly distributed truck loads, as well as inexperienced drivers are more likely to be involved in Denver accidents. One way you can find out about these kinds of errors is to access company logs and on-board trackers.
The legal system in the United States is divided into two different fields. One is criminal law, where crimes are considered to be against everyone and are brought to trial by a representative of the state. For a death, this would be a case of homicide or manslaughter involving the police and the district attorney. There are also crimes against people or property which are handled by civil law. The responsibility of bringing these cases to court lies with those who were wronged. So in a death, the surviving family members could sue the person responsible for wrongful death. The two court systems operate independently of each other, so it is conceivable that a person could be tried for both wrongful death and manslaughter.
Wrongful death cases sometimes have a shorter statue of limitations in some states. Contact your Colorado personal injury lawyer to see what the statute of limitations is and if there is a date of discovery limitation on filing a wrongful death lawsuit. The discovery date laws say that the statute of limitations only starts from the day the crime was discovered. So if the normal statue of limitations in Colorado is 2 years, but a missing person’s body is not found until 4 years later, a Denver wrongful death attorney could still file a claim. The state may have a limit on how long after the fact delayed discovery cases can be brought to trial.
Car accidents and the like that did not involve actual malice or pre-planning would be manslaughter under criminal law. The same person could be tried for negligent wrongful death if they behaved in a irresponsible way that lead to a death. There are also cases of voluntary manslaughter, where the defendant killed on purpose, but in a situation where he was provoked, and it would be reasonable for someone to lose control in that situation. The classic case is the spouse who returns home to find someone else in their partner’s bed and kills them. The defendant killed on purpose, but did so because they were provoked. This is not a defense like self defense, just a slightly lesser crime than homicide.
If the death was a result of reckless disregard (or negligence if it was civil law) but not on purpose then the case might be tried as manslaughter. The Denver personal injury attorney may be able to help with advice in such situations, but you had best get a criminal defense attorney on retainer as well. Depending on the facts of a car accident there could be many different outcomes. A defendant may not be guilty under criminal law, but still be sued under civil law. Or if the defendant acted extremely recklessly on purpose and ran someone over, it could even be homicide.
Posted by denverheat in Colorado personal injury attorney, Denver personal injury lawyer, colorado injury lawyer, colorado personal injury, criminal defense attorney denver, denver accident lawyer, denver divorce lawyer, denver injury lawyer, denver law firm, find a denver law firm, hiring a denver dui attorney, motorcycle injury lawyer on August 22nd, 2010
Motor vehicles are some of the most dangerous things out there. Death by motor vehicle is one of the most common forms of death in the industrialized world. Common causes for car accidents are people just spend so much time in vehicles, but also include those who break the law and have poor maintenance.
Cars, trucks and motorcycles share one thing in common when it comes to a Denver car accident. All have all of their weight supported by tires. When you think that only a small portion of the tire is in contact with the ground at all times it will not surprise you to find that over a quarter of all Denver motorcycle accidents come from problems with tires or brakes. If you have been injured in a car crash or motorcycle accident that was a result of damaged or improperly maintained tires, you may have legal recourse to sue.
There could be several different parties that were responsible for the brakes or tires. If you had an injury from a car crash involving failed brakes or tires, the negligent parties could include the driver, brake manufacturer, the mechanic, or the employer of the driver. If it was a truck accident, the trucking company might be liable for and personal injury in Denver.
Because there could be multiple liable parties, each one will probably try to shift blame and get another company’s insurance to pay for the accident. However it is possible to sue multiple parties and it is possible that several people were to blame for the accident. If you are suing multiple people it might be prudent to hire a Denver injury attorney to avoid being caught in the run-around.
If the brake manufacturer was at fault, you have a good chance of being awarded a settlement because of strict laws regarding braking systems. Truck brakes especially are regulated by the federal government to have a certain braking power. If the brakes on the car that hit you does not meet these standards you could claim the manufacturer did not design the brakes well or that there was a manufacturing defect. These kinds of cases fall more under product liability than personal injury.
If the trucking company failed to provide regular maintenance on the brakes you could sue. Some truckers even de-power the front brakes on purpose to reduce the cost of brake replacement. It seems crazy but some truckers would rather use the trailer brakes and the transmission to slow down. Choosing a dangerous thing like unhooking the brakes just for a little cost savings might actually result in an intentional tort instead of a personal injury negligence case. If this happened you could sue both the driver and the trucking company that allowed this to happen.
Lets face it, no one ever thinks they will be involved in a motorbike automobile accident and when they do the last point they feel about is hiring a motorcycle attorney since several folks think that if they have total coverage motorcycle insurance policy they will be taken care of in the event of a motorcycle car accident. The truth of the matter is you ought to usually retain a certified motorbike crash attorney at law to represent you so your rights are protected when dealing with the at faults party’s insurance firm.
Right after becoming included in a motorcycle crash, the 1st factor you ought to do is seek healthcare attention immediately; even if you don’t think you are seriously injured, those minor aches and pains can speedily turn into critical medical problems, and nothing is additional crucial than protecting your life and your health!
When you have been noticed by a doctor, your following course of action must be to locate a skilled and skilled Denver accident lawyer at after. In the course of your traumatic ordeal you have to have to make certain that all of the facts of your crash are well documented, such as witness accounts of the automobile accident and that all other evidence is collected and recorded. The answer is very basic. If you were proven to be not at fault in the accident by the police, and even if the at fault party admits he was at fault, virtually often the insurance plan business of the at fault party will far more times than not deny your claim in complete, forcing you to go to court, and in the circumstance of critical physical injury and harm to your motorbike this indicates you will need to have an skilled and aggressive motorbike crash attorney at law to battle your situation and put the facts in the very best light.
So how do you locate and retain the services of the appropriate motorbike automobile accident lawyer to signify you and your automobile accident claim? There are pretty a couple of items you should take into account when talking to perspective lawyers, and initial and foremost you want a a attorney at law with extensive motorcycle car accident claims encounter, who understands the laws in your state, and a Denver law firm who has won a huge percentage of his circumstances.
It doesn’t make any sense to retain a attorney at law who specializes in probate law to battle your motorcycle car accident situation and in addition, hiring a attorney who also rides a motorcycles brings additional knowledge and insights to your scenario mainly because having a attorney who knows the physical and mechanical elements of riding a motorcycle brings tools and understanding to be utilized in your circumstance.
Start your study by checking the net for lawyers in your area. You must ask a lot of questions such as:
- How extended have you been practicing law?
- How several motorcycle car accident conditions have you fought, and what percentage have you won?
- What are your alternatives?
- How will the law firm charge for his services?
- How lengthy will it take to getting my circumstance to conclusion?
Even though you really should get a attorney at law to symbolize you and your situation as soon as probable, you shouldn’t just retain the initial lawyer you speak with. Any law firm who can’t give you couple of straight forward answers over the cell phone or seems confused, preoccupied or deceptive is your queue to move on instantly. While it would be next to impossible for any law firm to examine and make competent judgments on your case more than the mobile phone, the moment they have the simple facts that can provide their expert opinion, and your subsequent step would to set up an appointment to meet.
Post found on www.9news.com
GREENWOOD VILLAGE – The Greenwood Village Police Department has released the identities of two people killed in an accident on Friday.
Forty-eight-year-old Ronald Herndon and 23-year-old Katrina Jaeger, both Greenwood Village residents, were pronounced dead at the scene.
The accident happened a little before 11 p.m. on S. Willow Way, just south of E. Orchard Road.
According to police investigators, the motorcycle was traveling northbound on S. Willow Way at a high rate of speed when the driver appeared to lose control of the motorcycle while trying to negotiate a right hand curve and ended up striking the median.
Police say both the driver of the motorcycle and his female passenger struck trees on the raised median of the roadway. Medical personnel were unable to revive either person.
The accident is under investigation.
If you or a loved one is in a motorcycle accident like this, please contact our Denver motorcycle injury lawyer to find out the legal options you have. Often times other drivers are at fault in a motorcycle accident.
Article Source: www.bikerlawblog.com
Many of you have heard by now that 8 people died in the Lucerne Valley, at an off road racing event, when a truck went out of control during the event. Many of you may not know that 39 other people were injured; 10 seriously.
I personally send my heartfelt condolences to all of the family and friends of the victims of this tragic accident, and wish those injured a speedy recovery.
You can see by the raw video below that the spectators were standing way too close to the racing vehicles. Many have said that the reason why so many people were killed and injured was preciously because the fans were way too close to the action.
I have heard that there will be no charges filed against anyone having anything to do with the race, but that the national park service is going to do an investigation, since they were the ones that gave a permit for the race.
I have seen news reports that the promoters and organizers of this event put signs up stating that people should stay at least 150 feet away from the racing vehicles. I am sure they think that this warning is sufficient to protect them from being responsible for this horrible accident; I disagree.
As a Personal Injury Attorney, I deal with negligence cases in one form or another every day. The way I see it, the organizers and promoters of this event are legally responsible for the deaths of 8 spectators, and the injury of 39 others.
They owed a duty of due care, to provide a safe way for the spectators to watch the race. They should have had adequate security at the event to keep the spectators a safe distance from the race. The owed a duty of due care, to erect barriers, tape, or something so that spectators such as the ones who were killed and injured, would have known where to stand during the race.
They apparently did nothing but put signs up saying that spectators should stay 150 feet away from the action. Hell, I for one do not know how to measure 150 feet without some kind of tape measure.
Many might argue that the persons who were killed and injured assumed the risk of harm that they suffered at this event. I disagree. Spectators are not engaged in a dangerous sport, they are simply there to watch. With some minimal precautions from the organizers and promoters of this event, this tragedy could have been avoided.
If you or your family suffered through the wrongful death of a loved one at this event, or you or a loved one were injured at this event, call me now for a free consultation at 800-816-1529 x. 1. You may be entitled to substantial compensation for your loss.
By California Personal Injury Attorney Norman Gregory Fernandez, Esq., © August 2010
Adoption is a huge decision. Because the responsibility of raising a child is so important, courts will usually only let what they deem as a “fit parent” adopt. Some states and international adoption agencies have additional requirements for adoptive parents. They may have rules on where your residency is or your age in relation to the child.
Human culture has insured that it is easier for heterosexual couples to adopt than for single men or gay couples. In addition to looking for a fit parent, states also have an obligation to look out for the best interests of the child. This has many built in biases, so if you want to adopt and you are worried you may not fit the classical adoption idea, you may have to work harder to show the child would be better off with you. Denver family attorneys will be able to tell you what you need to look like a good parent. If you are adopting from the parent and not an agency, you may run into these and some other common biases.
Native American children are a special case that is handled at the federal level according to the Indian Child Welfare Act. Some states give preference to parents of the same race as the child. There are some other unusual adoption laws, like in Florida and Utah where gays are specifically prohibited from adopting. It can still be hard to adopt as a gay or lesbian couple in other states even if the law does not prohibit it. Colorado is fairly liberal in this regard according to Denver family attorneys. It may be easier for gay couples to adopt as a single than as a couple because of states that do not recognize same sex unions.
Single people trying to adopt will have their own difficulties. They are often put at the bottom of waiting lists, while married couples get first choice at healthy infants. A Denver family law attorney would recommend that you do some preparation to show you will be a good parent. You will basically have to defend the fact that you are single and explain what will happen to you in the child in the future. You may have to be flexible about who you want to adopt if you find yourself at the bottom of the adoption waiting list. You could consider adopting a special needs child or going out of the country. Be careful of adopting from other countries because the laws there may be significantly different. Do your research and make sure the agency you are using is legitimate and that the adoption will be considered legal in both countries.
A prenuptial agreement is a contract signed by a couple before they get married. ”Prenups” as they are called, are most commonly used to agree what will happen to the two party’s property and debts should they get divorced. Otherwise any divorce will have to go to court. A standard divorce will often attempt to just split all the property down the middle.
However, prenuptial agreements are not just for those with considerable amounts of property. They are commonly used by Denver family law attorneys when children from other marriages are involved. They may decide to give property to their children instead of their spouse in the event of an early death. Just like marriage is a contract, a premarital contract can be used to clearly spell out financial rights before marriage complicates the issue. Not only assets, but debts and how they will be handled by the couple should also be included in any prenuptial contract. For those with children or who expect to have children, a prenup can make the divorce process less messy because what will happen will have already been spelled out.
A premarital agreements have a lot of leeway, but that does not mean you can just sign away all your rights. Some states do not allow the parties to give up the right to alimony. Even if the state does allow one to give up alimony, if the party giving up the right did not have adequate counsel say by Denver family attorneys, then a court will not enforce the agreement.
For those that are already married or choose not to sign a prenuptial, then the laws of the state will govern the marriage. Death and divorce are the two most important issues that may vary, so consider hiring a Denver family law attorney. Even if you are not signing an agreement, it would be a good idea to know what will happen under state law.
Most state laws expect married couples to share all property including after a divorce or death. Spouses also have to pay for the other’s debts incurred during marriage and share control of any joint property. If you do not like these rules then your only option is to get a Denver family law attorney to draft a prenup designating how your marriage will work. Probate law recognizes prenuptial agreements more as the wealthy spouse stigma is wearing off. Every state now recognizes this type of contract, but it is a good idea for both parties to have lawyers advise them on the content, otherwise it looks suspicious to the court. However they are much easier to prepare and enforce than a post-nuptial agreement or divorce.
I know the common attitude towards driving is “I won’t get in an accident”, especially in men but the truth is most accidents are not single vehicle accidents. This means a car accident will involve more than one person so even if you think you are the best driver in the world, someone else could cause a car accident that you are involved in.
In 2009, Car accidents cost each American more than $1,000 a year; $164.2 billion is the total cost each year across the United States.
Here are a few more shocking car accident statistics:
- There are more than six million car accidents each year in the United States.
- The leading cause of death for individuals between 2 and 34 years old is motor vehicle crashes.
- A person dies in a car accident every 12 minutes and each year car crashes kill 40,000 people.
- Over 25% of all drivers were involved in an auto accident in a five-year period.
- Someone is injured by a car crash every 14 seconds and about two million of the people injured in car accidents each year suffer permanent injuries.
With this all being said, it is important to know a Colorado personal injury attorney before you find yourself in a four car accident on I-25. If you or a family member is in a car accident and needs to get medical attention you do not want to spend time calling around or researching online for a Denver injury attorney in the state of mind you are in. This is why we recommend you find a personal injury lawyer before you need one. Find one that you are comfortable with, that treats you well and will be there when you need them. Get their business card and keep it in your wallet. You never know when you could be driving down the road and someone blows through a stop sign and t-bones you and your family.