Archive for category personal injury
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.
Motorcycle accidents caused by driver error
Posted by denverheat in Firing your Attorney, bankruptcy, bankruptcy lawyers denver, colorado injury lawyer, colorado personal injury, denver family law, personal injury, personal injury attorney on September 10th, 2010
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.
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.
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.
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.
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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