Archive for category denver injury lawyer
Manslaughter and Wrongful Death
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.
Car Accidents Caused by Tire or Brake Failure
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
Accidents Caused by Brake Failure Could be an Intentional Tort
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.
How to Find A Certified Motorcycle Injury Attorney
Posted by hawkeye11 in denver injury lawyer, motorcycle injury lawyer on August 18th, 2010
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.
If you have been in a motorbike automobile accident, you need a Denver motorcycle injury lawyer who will guard your rights. Pay a visit to www.gregorylegal.com
8 People Killed at an Off-Road Racing EVENT IN Lucerne Valley; What are Legal Ramifications?
Posted by hawkeye11 in Denver personal injury lawyer, denver injury lawyer, motorcycle injury lawyer on August 17th, 2010
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
Keep A Colorado Injury Attorney in your Stack of Business Cards
Posted by hawkeye11 in Colorado personal injury attorney, denver accident lawyer, denver injury attorney, denver injury lawyer on July 28th, 2010
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.
Matching lawyer experience and objectives with your personal injury case
Posted by denverheat in Denver personal injury lawyer, Firing your Lawyer, Hiring A Lawyer, colorado injury lawyer, colorado personal injury, denver injury attorney, denver injury lawyer, personal injury attorney on July 28th, 2010
Don't be afraid to negotiate with your lawyer!
For cases involving potentially crippling injuries you should hire a personal injury attorney to deal with insurance and the other party. Chances are the medical cost of your injuries alone will be much more than the attorney, and much more than you can afford. Along with expensive medical bills, personal injuries result in lost work and property damage. Recovering damages alone is possible, but you should at least consider a Colorado personal injury attorney‘s advice.
When searching for an attorney, you will want to first pick someone you trust, and that has experience in the kind of case you will be bringing. Most lawyers will refer you to an expert in the field you need. Try talking to several lawyers to compare prices and attitudes. Just like doctors, specialists in law get much of their business from referrals. They will usually talk to you for free, but will not give you legal advice until you pay them a retainer. Of course some lawyers will not take cases that have a low potential recovery amount, or if they do not think they have a good chance of winning.
Your friends or coworkers may not have been involved in a car accident or injury, but they can usually refer you to some Denver lawyer they trust. Recommendation are a good way to find out about lawyers beyond their internet marketing, but always meet with a lawyer and see if you see eye to eye before hiring. You should treat lawyer referrals the same way; just because one attorney tells you a guy is a expert Colorado personal injury lawyer, that doesn’t mean you can hire him blindly. They might even take that as a sign that you are irresponsible, and it takes you out of negotiations to lower the cost of services.
State and local bar associations all have referral services. They will list the names of lawyers and their legal specialty. The quality of referral services and their lawyers can vary however. So ask the bar association how lawyers are screened for qualification in the list.
Once you get to the consultation with the lawyer, bring all your relevant documents and discuss your case. Ask if they charge for this consultation, most do not for the first interview. Discuss the options on how the case can be handled and what experience they have with similar cases. Ask him what percent of his cases involve personal injury and what side of cases they worked for. If you are a plaintiff, you might not want to hire someone that works for defendants the most time. They probably have more of an insurance company mindset. Find out who the primary attorney on your case is and ask to meet him too. Many offices collaborate or have lower attorneys work on some cases.
Then you will want to know what the lawyer’s goals are for settlement, and what their history on insurance negotiation are. Make sure the Colorado attorney knows your goals also. Common goals are to obtain as much as possible, no matter the time or cost, or to get the settlement for as cheap and with as little hassle as possible, or try to get a higher settlement as quickly as possible.
Evidence for Personal Injury Accidents
Posted by denverheat in Denver personal injury lawyer, colorado injury lawyer, colorado personal injury, denver injury attorney, denver injury lawyer, denver law firm, personal injury on July 28th, 2010
Information presented in court that is not backed up by an eyewitness or evidence is considered “hearsay” and not admissible. If you were involved in an accident requiring the use of a Colorado personal injury attorney, it may be hard for you to get the evidence yourself. However it is very important for you or someone you trust to document everything involved, otherwise you will not have much of a case in the eyes of the court.
First you should document what actually occurred during the motorcycle accident. Return to the scene with a Denver motorcycle accident attorney as soon as possible, and photograph everything. You will want photos of the wreck if possible. Photograph any hazardous conditions that may have lead to the accident. Try asking around to see if other people may know something about your accident, or other car accidents that occurred in the same spot. Try to make sure you get photos from the same angle, and around the same time and place as the accident occurred to refresh your memory and show the insurance company.
Even more than witnesses and photographs, courts really love physical evidence. Physical evidence is something you can touch instead of just a representation. Murder cases cannot be decided guilty without physical evidence. But we are not talking about murder cases, we are talking about Colorado personal injury cases. A damaged piece of your car, or a fallen branch are good examples of physical evidence. Physical evidence is good for showing there was some unforeseeable circumstances that contributed to the motorcycle accident – as opposed to driver error. Physical evidence is also important for your Colorado personal injury lawyer because it helps him show the extent of your injuries. A crumpled car or bloody seat cushion is dramatic evidence to the violence of the crash.
If you cannot physically preserve the object and take it to court, it is important to get good pictures of any evidence. Try and take high resolution photos of any evidence that is too big to move or you can’t take to court. Multiple angles are good, and you can pick the ones that most clearly show what happened. The more recent the photos, the better evidence they are because it will be closer to the condition it was at the time of the accident. So take the photos as soon as possible with a friend who can write a short note documenting the time. Then develop the pictures the same day and keep the receipt, or get them to print the date on the photographs.
Witnesses are also very important to building your case. Eyewitness testimony can be invaluable on the witness stand if they can describe what happened or your condition after a motorcycle accident. Try to find witnesses and get a record of what they saw because people forget and move away.
The last piece of evidence that must be documented is all injuries. Go to the doctor as soon as possible and keep a copy of all medical records. You can also photograph all injuries to show the insurance company what they looked like at the time of the accident, as opposed to your possibly healed state at negotiations.
Writing a Demand Letter for Insurance
Posted by denverheat in Denver personal injury lawyer, denver accident lawyer, denver injury attorney, denver injury lawyer on June 16th, 2010
Demand Letter from an Accident Attorney
The importance of a good demand letter in accident settlement negotiations with insurance companies cannot be understated, because the demand letter is the piece of information the insurance company refers to in all arguments. The demand letter is a document explaining the case and what you are owed from your point of view. Therefore it should cover the specific extent of your injuries, how much those injuries cost in terms of treatment and loss, and why the other party is liable for those injuries. The letter ends with an amount you demand to settle the case.
Because it is from your point of view, you should make a point of sitting down with a good Denver personal injury lawyer to include all the strongest pieces of evidence in your case. Review all of the details of the accident involving injury, fault, and disruption of personal life. To get the largest settlement, there a few things you should really concentrate on being as air-tight as possible. Liability must be proven. You need to show why the insured person or organization was at fault; why they had a duty of care and how they violated that. A good way to show that is to do a big picture walkthrough of how the accident actually occurred.
Never admit to any fault. It is the insurance company’s job to apply comparative negligence and reduce your award if they can show you were partially at fault. As a tried and true Denver car accident attorney once told me, consider how your negligence effects the total settlement, but do not admit fault. Comparative negligence laws can erase or significantly reduce your award if the case went to court.
Be specific about your injuries without exaggerating. This usually requires some medical documentation. It is recommended to go into detail about pain and how the injuries have changed your life, but any perceived exaggeration brings the risk of the company bringing out the big injury law lawyers. A motorcycle injury case can go below the cost of medical bills. They may even decide to ignore your case all together if they believe you are faking.
The last step to the demand letter is to make the actual demand. Put in a number that is around double what you expect, because the company will try to negotiate you down. Put all supporting documents into the case that you refer to. Especially important are eyewitness testimony, medical bills, and other lost receipts.
Personal Injury Attorneys Are Worth the Money
Posted by hantge11 in Denver Attorney, denver injury attorney, denver injury lawyer, personal injury on May 5th, 2010
If you have been injured in an accident which you believe you are not at fault, there is only one thing you should do; contact a Denver injury lawyer as soon as possible. The thing is insurance companies prefer to actually settle an injury claim as quick as possible. If you are not at fault in your accident, the at-fault person’s insurer will probably call you right away and try and settle the claim. You need to make sure you are careful with what you say to them and any offers you agree on. This is where you will want to have called an injury lawyer to handle the situation.
The complex language of insurance policies and the hardball tactics used by some claims adjusters can leave you feeling that you are not getting all to which you are entitled. They will make it sound like you do not have a case and make you feel like you will receive nothing and then come in with a low settlement. This is where you will want your attorney to handle the negotiations and if the injury or accident was bad enough, they will help bring the case to court.
When to Hire A Lawyer:
- If someone is seriously injured
- If the other person involved does not have insurance
- If the insurance company or claims adjuster is being push or difficult
The greatest thing about most Denver injury lawyers is the fact that they work on a contingency basis, meaning if they help you win that is when you owe them money. Most offer free consultations and will walk you through the process of how they handle cases like yours. This also gives you a great idea if you like the attorney or not.
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