Archive for category Denver personal injury lawyer
Locating A Personal Injury Lawyer and its Importance
Posted by hawkeye11 in Denver personal injury lawyer, personal injury, personal injury attorney on October 12th, 2010
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.
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.
Victims of Fatal Motorcycle Accient Have Been Identified
Posted by hawkeye11 in Denver personal injury lawyer, motorcycle injury lawyer on August 17th, 2010
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.
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
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.
Workplace Injury
Posted by denverheat in Denver Attorney Finder, Denver personal injury lawyer, denver accident lawyer, find a denver law firm, personal injury, personal injury attorney on June 16th, 2010
Injured Worker
Large corporations go a long way to make sure they do not get drug into any legal battles for workplace injuries. The institution that corporations have created to insulate them is called worker’s compensation insurance. If you have been injured on the job your boss will most likely tell you that you must make your claim through worker’s comp. This is true… in most situations.
For certain exceptions you may be able to sue your employer. If your employer acted on purpose to cause your injury then he can of course be sued. If he does not carry worker’s comp, depending on the state you may sue him directly or go through a state fund for uninsured injuries. Any injuries caused by a 3rd party’s actions or negligence can also be sued. Examples are injuries from defective products or toxic substances.
The reason injured workers often end up hiring a Denver injury lawyer is because worker’s comp benefits for permanent disability are low and do not take pain and suffering into account. If you were injured by a piece of defective equipment you may have a claim, especially if the manufacturer knew about the defect and did not say anything. If you can prove they knew then they will have to compensate for injuries, lost wages and opportunities, and suffering. If you were injured by a product at work, you can recover both workers comp and damages from the company that made the defective device. Consider consulting with accident or Denver motorcycle attorney to find out exactly where you stand in a case. If you know of a piece of equipment that is dangerous and still used by a company you should notify the Labor Department’s Occupational Health and Safety Administration.
Sicknesses from toxic workplace substances is a very bad situation because the total effect of the problems often does not show up until much later. These latent injuries are hard to prove but it can be done, especially when the link between the substance and the disease is well documented. As opposed to mechanical injuries where you could use a Denver accident lawyer, poisonous workplaces are often handled by attorneys who specialize in these toxic torts, and have experience in connecting cause and effect. The most common industrial toxic substances are things like asbestos, silica and radium.
Acute or readily apparent toxic injuries are things like burnt lungs in a smelting factory. These are easier to prove and you may be able to sue your employer, the manufacturer of the substance, and any safety or handling equipment companies that were negligent. And remember, if the company injures you on purpose or has not insurance you can still sue in civil court.
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.
Insurance Settlement Negotiation
Posted by denverheat in Denver Attorney, Denver personal injury lawyer, denver accident lawyer, personal injury, personal injury attorney on June 16th, 2010
The process of negotiating for a settlement- whether it be for an injury, car crash or malpractice – is essentially the same. Motorcycle accidents often cause horrible personal injury cases, but they follow the same pattern. Once you submit a demand letter the next step is negotiation.
Before the negotiation begins, you must submit a demand letter tot he insurance companies laying out your claim with supporting evidence. If you are lucky then the next step is just a few calls with your insurance company and your personal injury lawyer. These insurance companies negotiate like this all the time so it is no sweat for them. Treat it like a business deal as emotionless as possible to stay on your senses.
In the call, you and the adjuster will argue by going over the strong and weak points of each side’s proposal. The adjuster’s job is to low-ball you with a settlement lower than the one in your demand letter. Your job is to counter with an offer in between the demand price and the adjuster’s offer. If you get a reservation of rights letter, it does not necessarily mean you have to run off to the best Denver injury attorney you can find. This is just a letter that protects the insurance company by saying that entering into negotiations does not necessarily mean that they will pay or are liable.
Your best protection from a insurance adjuster is preparation. You want to go into the negotiations with a figure in mind of the minimum you will accept. You do not tell the adjuster this number, but you will use it to help determine what you do in the negotiations. If they start off with a number already near your minimum that is good news and you can try to adjust that number to get more. If they point out some holes in your case that might make it hard to argue in court, you and your Denver accident attorney may have to revise downward.
Nerves of steel are not required, but self control is. Do not just jump at the first offer because it is probably just a ploy to see how little it will take to placate you. If you were involved in a serious Denver personal injury case, you need to stay strong in negotiations, because once the settlement is over the case can never be re-opened. You want to stay emotionless, but emphasize emotional points that would be likely to get a jury crying to open the defendant’s pocketbook.
If the adjuster gives you a low but not unreasonable offer- go forward with negotiations. If the offer is completely unreasonable they are probably just testing you so ask why it is so low and go over every point they give on why. Once you have reached a agreeable number, put that into writing with a letter to the insurance company stating the amount, what that amount covers and when you expect payment.
denver injury lawyer
Defenses in Personal Injury Law
Posted by denverheat in Denver Attorney, Denver personal injury lawyer, criminal defense attorney denver, denver accident lawyer, denver law firm, personal injury, personal injury attorney on June 1st, 2010
Personal injury is an area of law with potentially huge sums awarded. A permanently debilitating injury will change a person’s life forever, and that means a liable party must pay for those changes. Whether you have been injured and need to know the possible defenses to your case, or you are building a defense yourself, here are some common things the defense will bring up.
Personal injury defenses usually focus on the plaintiff’s role in the injury, and their inaction afterward.
Who is Liable in a Car Accident?
The first, and most common defense based on the plaintiff’s actions before the action is that the plaintiff was the one responsible. Whether you choose to settle the case before it goes to court, or you try and go to court with a Denver personal injury attorney, the compensation awarded is likely to be effected if the plaintiff is proven to have any fault in the incident. In some cases where the activity involved was obviously dangerous, a court may rule you assumed the risk and therefore have no claim. Some examples where an injury would be considered an assumed risk are auto racing and skydiving. Contact sports are also usually exempt, as long as the injury occurred during what would have been considered a normal phase of the game. A light pole falling on a player is therefore not an assumed risk, and the stadium owner would be liable.
Your state may follow comparative negligence or contributory negligence law. In comparative negligence, the court uses a formula to determine the percentage of fault in the accident. So if the plaintiff was found to be 40% at fault, they will only recover 60% of the damages caused, or 100-40%. So if you were involved in a motorcycle accident on 1-25 in Denver and the total damage suffered was found to be $30,000, you would end up with only $18,000. If you believe you were partially at fault, and the amount of money at stake is large, it is imperative that you contact a Denver accident lawyer to help you argue your side. Most states use this system, but they may use pure comparative negligence, which allows the the plaintiff to recover damages even if they were 99% at fault, while the modified system caps the compensation at 50% at fault. In other words, in the modified comparative negligence system, plaintiffs must be less at fault than defendants to receive an award.
Luckily for plaintiffs, Colorado is not a contributory negligence state. In contributory negligence states, if the injured party is at all at fault, they cannot recover any damages. Since Colorado does not follow contributory law, your Denver injury lawyer will still have a chance to recover some damages even if you were partially at fault.
There are a few other ways to get out of personal injury lawsuits because of plaintiff actions afterwards that are not actually defenses. Waiting beyond the statue of limitations makes lawsuits invalid. Also not clearly linking each claim of cause and effect from the defendant’s action (or inaction) to your injury will make the argument groundless. In other words, you must prove the defendant had a duty to repair a bridge, and their failure to repair the bridge caused it to collapse, injuring your hand. Just saying they owned the bridge and your hand got injured during the collapse does not go far enough. If the plaintiff did not do a good job repairing damages, the defendant may not have to pay for the consequences of inaction.
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