A personal injury claim is a civil suit filed by the victim of another party’s negligence or illegal misconduct. The purpose of a personal injury claim is to hold the at-fault party accountable for the harm they’ve done and to recover compensation for their losses. A personal injury plaintiff may be entitled to claim more compensation than they initially expect, but before they can secure any kind of repayment of their damages, they must prove how their personal injury happened
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If you believe another party in Colorado Springs is responsible for harming you or a family member, you may have grounds to file a personal injury claim to recover compensation for the damages they inflicted. While this may sound straightforward enough, the reality is that even seemingly simple personal injury cases can evolve into complex legal battles. If you intend to pursue any type of personal injury case, it’s vital to know the value of having a Colorado Springs personal
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The term “personal injury” applies to almost any situation in which one party has harmed another party through negligence or intentional misconduct. When you have been harmed by another party’s actions, you have the right to seek accountability and compensation for the losses they inflicted. Every personal injury claim is unique, but there are a few fundamental concepts that everyone should understand when it comes to navigating these cases. An experienced Denver, CO, personal injury attorney is an invaluable asset
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Car accidents happen every day in Boulder and surrounding areas of Colorado, and the right attorney on your side can make a significant difference in the final outcome of all the recovery efforts you make after your accident. A Boulder, CO, car accident lawyer can provide comprehensive guidance and ongoing support through every phase of recovery, from gathering the proof you need to establish liability to filing an auto insurance claim for you and then building a personal injury suit.
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A personal injury can happen in many unexpected ways, and if another party has harmed you through any type of negligence or illegal misconduct, you have the right to seek compensation for your damages. However, while some personal injury victims eventually make full recoveries, others are not so fortunate. A catastrophic injury can leave the victim disabled for life, preventing them from working and supporting themselves and their family or even preventing them from living independently at all. If you
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Car accidents happen every day in the Colorado Springs area from various causes, and it’s important to know both how to avoid these situations whenever possible and what to do after another driver has injured you. Unfortunately, the state has recently seen a statewide trend of increased traffic fatalities over the past few years. It’s vital for every driver in Colorado Springs and throughout the state to know the biggest risks they face on the road. While no driver can
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If you or a loved one recently suffered a personal injury due to the actions of any other party, a Denver, CO, personal injury attorney can help you hold them accountable and secure compensation for the damages you suffered. However, any personal injury case has the potential to escalate into a very complex legal affair, and it is natural to have many questions and concerns about how your case will unfold and the potential outcomes you might see after succeeding
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The state experiences harsh winters and receives a great deal of precipitation throughout the year. These factors can make driving more dangerous in some areas of the state, and accidents can happen in various ways. It is crucial for every driver to know the risks they face on the road and how to minimize their chance of causing a serious accident. One of the most important things for all drivers to know is what to do if their car begins
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A personal injury is any incident in which one party causes harm to another party through intentional misconduct or negligence. A personal injury claim is a legal mechanism through which the injured party can hold the at-fault party accountable for the harm they have done. To succeed with this type of civil claim, the victim must identify the party who caused their personal injury, prove the full extent of the damages they inflicted, and then prove those damages directly resulted
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Car accidents are a leading cause of accidental injuries and deaths in the state, and the state enforces the fault rule for resolving these incidents. That means it will be essential to prove fault for your recent car accident if you want to maximize the recovery of your damages. However, this is more difficult for some car accident cases than it is for others, and having legal counsel on your side will make all the recovery efforts you pursue more
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Car accidents can happen unexpectedly in many different ways, and one of the most commonly reported types of car accidents is a rear-end collision. This type of accident involves one vehicle striking another from behind. It’s possible for a rear-end collision to happen for many reasons, and proving fault is an essential first step in recovering from any vehicle accident. The general rule is that when a driver hits another driver from behind, the trailing driver is responsible for the
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Car accidents happen every day from all types of causes. Some accidents occur because of negligence behind the wheel, while others are the results of intentional misconduct. No matter how an accident happens, the drivers involved are legally required to remain at the scene of the crash and report the incident to 911, waiting for first responders to arrive. When a driver causes an accident and flees the scene, it is known as hit and run. If you or a
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Car accidents can happen unexpectedly from countless possible causes. These incidents are a leading cause of accidental injury and property damage in the United States each year, and every car accident victim will face unique challenges as they seek compensation for their damages. If you or a loved one recently experienced a car accident and your vehicle is estimated to be a total loss, this can be incredibly frustrating and distressing, especially if you still owe money on the vehicle.
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Car accidents occur every day from various causes. When one driver causes an accident and injures another driver, the victim has the right to seek accountability for their damages. However, determining fault can be challenging as liability for an accident isn’t always immediately clear. It’s possible for more than one party to bear liability for your recent accident, and it is vital to resolve any questions regarding fault before you can secure any compensation for your losses. If you are
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Car accidents are a leading cause of property damage and personal injuries throughout the United States each year. Every state has different rules for resolving car accidents, but not all drivers uphold their legal responsibilities when they cause accidents. A hit-and-run occurs when a driver causes a collision and then flees the scene, attempting to avoid responsibility for their actions. A hit-and-run may occur when the victim’s vehicle is parked and unattended, and these accidents can also happen in active
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Motorcycles may be fun to ride, but they are inherently very dangerous for several reasons. They offer almost no physical protection in a crash and have none of the standard safety features found in most passenger vehicles, such as seatbelts, airbags, or crash-resistant frames. Even with the best riding gear and helmet, any motorcyclist faces the risk of severe or fatal injury every time they ride. If you or a family member ride a motorcycle, it is vital to acknowledge
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Car accidents are one of the most common causes of accidental injuries throughout the United States each year. When these accidents happen, state law dictates that the victim must identify the driver responsible to hold them accountable for their damages. Recovery from a car accident typically begins with an auto insurance claim against the at-fault driver, but the victim must prepare to file a personal injury suit as well when the at-fault driver’s insurance alone cannot fully compensate for their
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Car accidents happen every day for a number of reasons. When these accidents occur, the drivers involved must determine liability before anyone can recover compensation. If you have been harmed in an accident another driver caused, it is essential to know your legal options for holding them accountable. Proving fault for a car accident is more difficult in some cases than others. Depending on how and where your accident occurred, various disputes may arise concerning liability for the incident and
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Car accidents happen every day, and while some have devastating effects on those involved, others are not quite as severe. For example, minor car accidents or fender benders typically occur at low speeds, in parking lots, in slow-moving traffic, or within intersections. When these accidents happen, they might not result in injuries, but the parties involved must still determine liability and know what to do when it comes to reporting the incident. In this state, drivers must call the police
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Many drivers across the country are familiar with “lane splitting,” but this term is often misconstrued. The definition of lane splitting is any instance in which a driver passes between lanes of slower-moving drivers or when they occupy space next to another vehicle in the same lane. This term is most often applicable to motorcyclists who will sometimes engage in lane splitting to pass between slower lanes of traffic, taking advantage of the small size and maneuverability of their vehicles.
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State law requires every driver to have auto insurance. This insurance must meet the state’s minimum coverage requirements for bodily injury liability and property damage liability. If you cause an accident with another driver, they have the right to start a claim against your auto insurance policy to seek compensation for the damages. Many people mistakenly believe that their auto insurance follows them no matter what vehicle they drive. This is not true, and the reality is that auto insurance
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Bicycles are environmentally friendly options for local transportation; they can also be used for exercise and leisure. Whatever your reasons for riding your bike in Colorado, it’s important to know what you can do to stay safe while riding near motor vehicle traffic. It’s also essential to know your rights and responsibilities under state law. While many US states enforce helmet laws, requiring bicyclists to wear appropriately fitted helmets, the state does not. There is no legal obligation for a
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Motorcycles are fun to ride, but they are also significantly more dangerous than almost all other vehicles on the road. When motorcycle accidents occur, the risk of serious injury or death is substantially higher due to the fact that a motorcycle lacks most of the safety features built into modern passenger vehicles. While the average car has a frame designed to crumple and reduce the shock of a collision, airbags, and seatbelts, motorcycles have none of these features. When a
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Amazon is the world’s biggest retailer, and throughout the country, the company’s delivery trucks are seen just about everywhere. People all over receive Amazon deliveries daily, and most drivers see their large delivery trucks regularly on local roads. The sheer number of trucks on the road can lead to more collisions. In the event you experience a motor vehicle accident involving one of Amazon’s delivery trucks, it’s vital to know your options for legal recourse and the value of experienced
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If you or a family member recently sustained an injury and/or economic loss due to the actions of another party, it is natural to wonder how you can hold them accountable for their actions and how you can recover from the resulting damage. The personal injury laws of the state may not be as flexible in terms of plaintiff recovery as those of many other states, but they do provide you with the means of seeking accountability for the losses
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The state enforces a wide range of traffic statutes that outline the rights, responsibilities, and expectations of licensed drivers in the state. Whenever a driver causes an accident, commits a moving violation, or receives a ticket for any type of traffic violation, they face a wide range of penalties based on the severity of their actions. A commonly reported traffic issue is driving without a license. Unless you have a clear life-or-death emergency, driving without a license is likely to
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Car accidents are a daily occurrence across Denver. These accidents happen for many different reasons and can have a wide range of resulting outcomes, from minor cosmetic damage to death. If the damage is minimal, these losses can easily be handled between the parties involved. However, more serious accidents cause greater damage and result in protracted legal proceedings. If you were recently involved in a car accident, you may be wondering how much your settlement could be worth. After a
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Pedestrians are typically able to navigate busy areas safely and reach their destinations without issue. Unfortunately, some are struck by negligent motorists and suffer extreme injuries. It is also possible for a pedestrian to cause an accident by jaywalking. This term defines crossing a street illegally on foot. For example, if a person crosses the street outside of the crosswalk or if they cross at the crosswalk before the indicator shows it is safe to do so, both of these
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Every state in the country has different rules for resolving car accidents, typically taking either a “fault” or “no-fault” stance when it comes to assigning responsibility for damages. In a no-fault state, drivers must claim against their own auto insurance policies to recover from accidents regardless of fault. In a fault state, the at-fault driver is liable for all damages they caused to others. Colorado upholds the fault rule, so every driver in the state must have appropriate liability coverage
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Colorado law requires all drivers to have vehicle insurance that includes specific types of coverage. When a car accident happens, the at-fault driver is liable for any damages they cause to others. However, many drivers throughout the United States do not have vehicle insurance, or they do not have policies that provide the minimum amount of coverage required. If you were recently injured in a car accident that another driver caused, and you and/or the other driver do not have
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Dog ownership is extremely popular and a way of life for many people. However, if your dog bites another person, you may be liable for thousands of dollars in damages. If you own a dog, are considering getting one or have been injured by a dog bite, here’s what you need to know about Colorado’s dog bite law(s). Colorado Dog Bite Law While the majority of states either use a “strict liability” or “negligence” rule in dog bite cases, Colorado
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Though most of us have gone through a driver’s education course, it can be difficult to remember all of the minutia surrounding road rules. There are details and regulations that can easily become confusing, and many of us simply drive on autopilot the more we practice. Though this is natural, it is not necessarily safe. Unfortunately, many adults who feel as though driving is second nature often make serious mistakes when they drive. If left unchecked, these habits can cause
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Car accidents are one of the leading causes of accidental deaths, injuries, and property damage in the United States. These incidents occur in many different ways, sometimes leading to complex legal disputes between the parties involved. Various agencies at the state and federal levels collect, analyze, and report accident data each year. Reviewing this data could help you understand the risks you face on the road and assist you in avoiding some of them. The Law Firm of Jeremy Rosenthal
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Car accidents happen every day throughout Colorado for many reasons. While some of these incidents result in only minor losses that are easily addressed between the parties involved, others are more damaging and lead to protracted legal proceedings. If you have recently been involved in a car accident, it’s natural to wonder how much your settlement could be worth. There are generally two options for recovering from a car accident, and some accident victims may need to pursue both to
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All parents should understand Colorado’s car seat laws. Following these laws can not only prevent fines and other penalties but also keep children safer when car accidents happen. Car seats and booster seats are crucial devices for parents of small children. Properly installed high-quality car seats are legally required for many children in Colorado, too. If you have children, you must understand Colorado’s car seat and booster seat laws. If the police stop your vehicle and notice any violation of
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Mopeds, or gas-powered scooters, are popular in Colorado as an alternative to typical passenger vehicles and public transportation. They’re also faster than bicycles and relatively easy to use. Since they are very different from most other vehicles, there are specific laws in place pertaining to these vehicles and how they can be used in Colorado. You should know and understand these laws if you own or plan to own a moped in Colorado. Failure to abide by these laws can
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Obtaining a driver’s license is a rite of passage for most American teens, and it can be incredibly exciting for a minor driver to start exercising their newly earned driving privileges. However, newly licensed teen drivers are one the highest risk groups for accidents and must follow specific rules on the road. As they gain experience and become more cautious and confident drivers, they must follow a few laws designed to limit their risk of experiencing accidents. All teen drivers
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A car accident can be an incredibly damaging and traumatic event. While most car accident victims will be able to quickly ascertain the scope of the injuries they suffered, some car accident injuries aren’t immediately noticeable. Some injuries do not manifest noticeable symptoms until days or even weeks after an auto accident. It’s also possible for a victim to suffer delayed shock symptoms after an accident. Both the body and the brain undergo significant trauma in a vehicle accident. In
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Window tinting is popular in Colorado, and it’s perfectly legal for many drivers to have their windows tinted to an extent. However, Colorado enforces strict laws pertaining to window tint designed to ensure driver safety and limit the risk of accidents from poor visibility. Whatever reasons you may have for wanting tinted windows, you should know Colorado’s window tinting laws and how to interpret the various terms pertaining to window tinting. If you do not abide by Colorado’s window tinting
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All vehicle owners in Colorado must understand and abide by the state’s emissions requirements. Failure to do so can lead to fines and other penalties. In most cases, it’s relatively easy for a driver to bring their vehicle into compliance with the latest emissions standards in Colorado. If you drive in Colorado, take time to review the state’s emissions requirements to ensure your vehicle complies. If it is not, you’ll need to arrange service for your vehicle or purchase a
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Car accidents are common throughout Colorado, and every day many drivers experience these incidents. Some car accidents are easily resolved with simple insurance claims, while others generate more complex legal disputes. Depending on how your accident occurred, who caused it, and the scope of your damages, you could face a very challenging series of legal proceedings in securing compensation for your losses. The first steps you take immediately following a car accident in Colorado have a dramatic impact on the
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Car accidents happen every day in the United States, and these incidents continue to be one of the leading causes of accidental deaths and serious injuries throughout the country. If you experience any accident, the incident may leave you with severe injuries and substantial economic losses. All drivers should know how to prevent car accidents, but it is also good to see how you can minimize your chance of suffering an injury in an accident. What Are the Best Ways
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We are happy to announce the award of the Law Firm of Jeremy Rosenthal Scholarship to Lindsay C. She is attending Florida State University, and pursuing her Masters in social work. Congratulations Lindsay and best of luck to you!
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Finding yourself involved in an accident can be an extremely traumatic and stressful experience. One of the supposed benefits of having an insurance company is being able to trust them to handle all the details, so you can focus on recovering. For example, after a car accident, the expectation is that insurance companies will make sure that medical bills and car repairs will be the least of your concerns. Unfortunately, that isn’t always the case. Insurance companies in Denver, Colorado,
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On September 3, 2020, a crash between two trucks occurred in Aurora, CO, causing one individual to be transported to the hospital by ambulance and another to be flown in by helicopter with life-threatening injuries. One of the trucks caught on fire during the incident and had to be extinguished by local fire crews. During this incident, fuel had leaked onto the roadway, which created a hazmat situation that needed professional clean up. Truck accidents are common all around the
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It’s wise for anyone who operates a motorcycle or rides on one as a passenger to wear a Department of Transportation (DOT) approved helmet, regardless of age or experience level. Research proves that wearing appropriately fitted helmets greatly reduces the chances of severe and fatal head injuries in motorcycle accidents. However, Colorado state law does not require motorcyclists or passengers over 18 to wear motorcycle helmets. What happens when a motorcyclist is not wearing a helmet and experiences an accident
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After a car accident, the first step toward recovering your losses is typically to file an insurance claim. In a fault-based state like Colorado, every driver must purchase and maintain auto insurance coverage that meets state minimum requirements. In Colorado, those minimums are $25,000 or more in bodily injury liability coverage for a single person in an accident, $50,000 or more in bodily injury liability coverage for all victims of an accident, and $15,000 or more in property damage liability
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The trucking industry is vital in the state of Colorado and throughout the United States. Massive tractor-trailers are responsible for transporting billions of tons of cargo throughout the country every day. In Colorado alone, the trucking industry provides more than 110,000 jobs, or about one of every ten jobs in the state. In 2017, the Colorado trucking industry paid more than $5.7 billion in wages to Colorado residents. More than 13,000 trucking companies are operating out of Colorado. Despite the
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A car accident can be a scary, damaging experience. Regardless of who caused the accident, a car crash victim may have serious injuries that require extensive treatment, face substantial medical bills, and address the uncertainty that may arise from an inability to work during recovery. These are just a few reasons why it’s so important to secure legal counsel after a car accident caused by a negligent driver or other liable party. If you need a Denver car accident attorney,
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The trucking industry is one of the most important components of the American economy. As such, it is also one of the most heavily regulated. Trucking companies, delivery companies, and independent trucking contractors must follow all applicable regulations at all times to ensure safe and efficient transportation of goods across the country. While many trucking companies and drivers work hard to meet regulations pertaining to hours of service and other rules related to driver obligations, it is also important for
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Truck accidents are a common concern when driving along Colorado highways. The state has variable weather that often leads to dangerous roads, and truck accident rates have risen in recent years. For example, the number of fatal truck accidents in Colorado nearly doubled from 2009 to 2017. When a truck accident occurs, anyone injured from the accident should know their legal rights and how to file a claim against the responsible driver. While most private drivers know how to approach
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Walking while drunk is safer than driving under the influence for others – but perhaps not for the intoxicated pedestrian. Walking while drunk in Denver could contribute to accidents such as serious pedestrian collisions. If a driver struck you while walking drunk, liability might not be as clear as if you had been sober. The driver may be able to use your intoxication as a defense. Learn Colorado’s negligence laws to better understand your rights during an injury claim. Contributory
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Commercial trucking accidents differ from typical car accidents in that they involve trucking companies rather than drivers alone. Federal laws hold trucking companies responsible for most collisions involving their trucks and drivers, even if the company leases the truck and uses independent contractors. Differentiating between truck driver and company liability after a commercial truck accident in Colorado can help victims obtain compensation from the correct at-fault party or parties. Vicarious Liability for Truck Driver Conduct In terms of responsibility for
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With the legalization of marijuana throughout the country, it becomes pertinent to identify and understand the rules and regulations surrounding its consumption. With concentrated forms of cannabis, like edibles, these regulations are even more important. Improper consumption can lead to side effects that often leave the user debilitated and/or disoriented, which can be dangerous within a range of different contexts. Colorado Marijuana Laws Colorado has passed a comprehensive set of laws that address proper marijuana consumption. For instance, no individuals
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After getting into a car accident, your first step for financial compensation should be filing an insurance claim. A claim with the at-fault party’s insurer may result in payment for your crash-related losses, such as medical bills, lost wages, and property damages. If an insurance claim does not work, however, you may need to take the at-fault party to court during a personal injury lawsuit. In the state of Colorado, you have time limits on both types of claims. What
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Every state has unique laws concerning the damages available in wrongful death claims, the time limits for filing them, and who has permission to pursue wrongful death claims. States also follow different laws for disbursing or dividing wrongful death settlements between beneficiaries of the deceased’s estate. If you plan to pursue a wrongful death claim soon, a Denver wrongful death attorney can help you determine which types of compensation could be available under your state’s wrongful death statutes. Determining Who May
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A car accident can be a frightening and stressful situation, and it is not uncommon for affected drivers to feel confused about what to do immediately after an accident. Keeping a few tips in mind can help you make better choices following any car accident. Your choice of words when speaking with the police and insurance companies can have a dramatic impact on your final recovery after a car accident. Tips for Speaking With the Police The police respond to
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While most Americans may have some idea of what a subpoena means, suddenly having a court officer serve you one can be a startling experience. Instead of dealing with the anxiety and uncertainty surrounding a subpoena or court summons, it’s vital to understand what a subpoena entails and what your responsibilities are after receiving one. What Is a Court Summons or Subpoena? A subpoena or court summons is the sign of the beginning of a trial case. Some legal matter
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Though near-constant engagement with social media has become a way of life for many Americans, the habit of regularly updating statuses, locations, and general goings-on can pose a serious threat to the success of a personal injury claim. Scrutiny from insurance companies and opposing counsel comes in many forms, and in terms using social media during the process of settlement negotiations and/or litigation, plaintiffs are well-advised to stay out of sight as much as possible. The Dangers of Social Media
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According to the Mayo Clinic, whiplash is usually an injury that occurs to someone whose vehicle is struck in the rear by another. Whiplash is a strain or sprain in the neck area and is the most widely cited injury in auto insurance claims in the U.S., of about 4 million. Many of these injuries will dissipate in a week or two, yet approximately 25% still persist three months later. What is Whiplash? The Quebec Task Force is an organization focused on
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Annually, about 1% of those across the country will incur an injury sustained from a car accident. Many accidents stem from human errors, such as speeding, drunk driving, distracted driving, and other reckless activity. As discussed in prior segments, crashes are a severe health concern and financial burden. Aside from physical injury, many accident victims endure psychological trauma. Injured victims may experience depression, anxiety, and Post-Traumatic Stress Disorder (PTSD), leading to troubles with self-confidence and relationships. Traumatic Events & Stress Trauma is
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One of the most common injuries sustained in auto accidents is a back injury. Spinal cord injuries can cause significant nerve damage. You may experience reduced sensation of and control over your arms, hands, legs, feet, and other body parts. More serious forms of spinal damage can leave you permanently paralyzed. Another common injury from an auto accident is a herniated disk. This tends to be less severe than spinal damage but can still cause significant problems. If you have
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When a woman is expecting, there are always health risks associated with her pregnancy. Most women make vehement efforts to lower the risk of complications by strictly adhering to their doctor’s orders. During the typical pregnancy, expecting mothers make a conscious choice to stop consuming alcohol and eating certain foods, and make sure they aren’t exposed to substances that would harm their unborn child. But many may overlook the dangers they face every time they enter their vehicle to go
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Every time a trial comes to an end, there is inevitably one party that is left feeling as though justice simply was not done. As a result, difficult questions of whether or not to pursue an appeal are likely to arise. The truth of the matter is that appealing a trial outcome can be a lengthy, complex and costly process that should not be undertaken lightly. The key to determining the proper course of action once a trial has concluded
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When you get into a car as a passenger, you are entrusting your life to the driver, and to the decision-making skills of every other person on the road. Experiencing a car or truck accident as a passenger can be even more scary, in some ways, than experiencing one as a driver, because you have no control and are vulnerable to every danger without the power to respond. Fortunately, if you have been injured as a passenger in a vehicle,
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When a party is injured as a result of the actions of another, they have the right to bring a case of civil tort. These civil actions allow the injured to seek financial compensation for the harm incurred. Cases of personal injury may range from those resulting from automobile accidents, defective products, dog attacks, wrongful death, and more. The vast majority of torts are based on unintended negligence. In addition to negligence, cases may be based on intentional torts or
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Personal injury suits can result in outcomes including settlement, trial, dismissal, and appeal. The ALM Legal Dictionary defines the process of settling a lawsuit as resolving the matter without a court judgment through negotiation among the parties. This is achieved through discussions involving the attorneys, insurance company adjusters, and encouragement from the court. The majority of injury cases are resolved before trial in some form of settlement. A settlement is essentially a compromise where both sides make some concessions. A lawsuit is
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At Colorado’s District Court level in 2017, there were 215,369 case filings and the largest single class of case filings was civil (37%). This means that almost 80,000 new civil cases, most of which seek damages of over $15,000, entered this system. The vast majority of personal injury cases conclude by reaching a settlement agreement, which outlines the recovery the plaintiff is entitled to. The court issues an order of settlement once all parties have the paperwork completed and submitted. Prior to
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The likely time frame for completing a vehicle accident case really depends on the many variables involved. Although everyone seeks a timely resolution, the underlying goal is to do what’s necessary to be fairly compensated for the injuries incurred. Choosing an experienced personal injury attorney is important because familiarity with these types of cases allows for better efficiency. The courts have a duty to handle cases in a fair manner without unnecessary delay. Identifying the different variables that may be
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The Insurance Institute for Highway Safety reported that 3,986 lives were lost in 2016 stemming from commercial truck accidents. Roughly 66% were passenger vehicle occupants, 17% were occupants of trucks, and approximately 16% were on motorcycles, bicycles, or walking. One reason that these accidents are particularly dangerous is that commercial trucks or tractor-trailers can often weigh between 10,000 and 26,000 pounds. The majority of causes that lead to collisions between these trucks and passenger cars are classified as errors in driver recognition
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Those involved in minor “fender bender” collisions with minimal injuries may find the insurer’s settlement offer sufficient to cover the damage and move forward without a car accident attorney. Those who are moderately injured are strongly encouraged to retain legal counsel. Insurance companies are businesses seeking to remain profitable; therefore, attempting to navigate a moderate to severe injury claim should be done with assistance from a personal injury lawyer accustomed to working with them. Keep in mind that court employees
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This is the fifth and final installment of our series regarding intersection safety. Pedestrians include those walking or riding in a wheelchair. Bicycles are categorized as vehicles according to Colorado law and have the same responsibilities as drivers. Both pedestrians and bicyclists are considered as vulnerable in terms of intersection collisions. Too frequently, motorists are speeding or using mobile devices without regard for the potential devastation that they may cause. Here, we will look at how liability or fault is legally determined
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Intersections are points of confluence for motor vehicles, bicycles, and pedestrians. At these junctions, there are more factors that can lead to collisions than at most points across the transportation network. In the U.S., intersections are the site of approximately 25% of roadway fatalities and roughly 50% of injuries. In this segment, we will look at various specific safety measures that agencies in Colorado are taking and also some of what the Federal Highway Administration is referring to as “innovative
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Pedestrians and bicyclists both have substantial vulnerability when encountering motor vehicles on the roadways and must remember to exercise caution. At intersections, most of these collisions occur when motorists or bicycles are turning or when pedestrians are crossing. Local governments are pursuing strategies to heighten intersection safety through better design, implementation of signs and devices to control traffic, and greater educational awareness. The reality is that safety in these situations is best achieved through a comprehensive approach that combines all of
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Colorado experienced a 40% increase in the volume of fatal accidents between 2013 and 2016. The Colorado Department of Transportation Safety explained the three primary factors that contribute to vehicle collisions are the road, the operator, and the car itself. The Federal Highway Administration indicates that 44% of crashes occur at intersections. The majority of vehicle crashes are caused by human error. Here, we will discuss the various human factors that have the largest effect on potential intersection accident involvement. Categories of Human Factors
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Colorado’s roads continue to be dangerous. In Denver, the volume of fatal traffic accidents has risen every year since 2005. In Colorado in 2015, there were 546 deaths, and these numbers rose to 605 and 630 in 2016 and 2017. This increase is occurring at a time when traffic safety awareness is higher than ever, seat belt use is higher than ever, and vehicles have more standard safety features than ever. In Colorado, fatalities at intersections continue to escalate from 112 in
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Julian Gutierrez drifted beyond his lane of travel and struck a car traveling in the opposite direction. Judith Mauricio, the driver of the other car, was severely injured in this head-on collision. Mauricio was also eight months pregnant at the time. After arriving at the hospital, she delivered a still-born baby girl. The Los Angeles Police determined Gutierrez had been operating under the influence and arrested him. Canadian Medical Association Study Donald Redelmeier and a team from the University of Toronto studied the health
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Courts generally operate according to established procedures and use deadlines. For example, if a plaintiff misses a deadline in a personal injury action, the court may dismiss the claim. In the case of Taylor v. HCA-HealthONE LLC (2018), a Colorado appeals court was asked to review a lower court’s dismissal of a medical negligence claim after Taylor failed to comply with rule 4(m) of the Colorado Rules of Civil Procedure titled “The Limit for Service.” The plaintiff had failed to meet the deadline
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Individuals, businesses, and institutions generally operate best with a structure or framework in place for purposes of organization and efficiency, and the courts are no exception. In the realm of civil actions and proceedings, the Federal Rules of Civil Procedure (FRCP) are the guidelines that local courts model their own rules of civil procedure from. Courts have an affirmative duty to handle civil litigation in a manner that is fair and without unnecessary costs or delays. In a personal injury
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On U.S. roadways in 2016 there were an estimated 37,461 accident fatalities, which equates to nearly 750 per state. Many experts feel that autonomous or “driverless” vehicles will one day dramatically reduce the volume of crashes by removing the element of human error. Arizona leaders have encouraged companies such as Uber to conduct testing in the state. Recently, one of these cars struck and killed a pedestrian while operating autonomously with a “backup” driver on board. Uber has temporarily halted its testing in Arizona.
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Losing a loved one can be an extremely traumatic experience. Despite being a natural reality of life, it is likely that feelings of shock, confusion, sadness, and depression may result. A tragedy occurred recently in Weld County when a four-vehicle crash resulted in the death of three family members. Sheila Sinclair was traveling with her six-year-old son and two daughters’ ages three and one at the time of the accident. Sinclair and the two older children were killed in the crash.
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Commercial trucking is a large sector of the overall U.S. economy. These trucks are responsible for movement of slightly over 70% of all freight. There is an estimated 10.55 billion tons of freight moved, which consumes roughly 398 billion gallons of fuel. The industry is regulated by a central federal agency, the Federal Motor Carrier Safety Administration, and is principally guided by the provisions of the Motor Carrier Safety Improvement Act of 1999. Since assuming control, the Trump Administration has largely upheld its
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If you are involved in a personal injury claim that is likely to result in a financial settlement or award, it may have an effect on existing benefits, like those involving Social Security. In making this determination as it specifically relates to Social Security benefits, the key is identifying the type of benefits that you are receiving or are planning to receive. The two common forms of such benefits include Social Security Disability (SSDI) and Supplemental Security Income (SSI). In
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The law allows injured parties to pursue damages that can be proven with a reasonable level of certainty. Although some types of noneconomic damages may often be viewed as rather subjective and hard to quantify, damages that appear purely hypothetical or overly speculative are generally not recoverable. Often the process of determining losses is challenging and requires assistance to complete a valuation by experts such as a forensic accountant or economist. When parties in a claim begin reviewing and scrutinizing the losses
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This is the third part of our series about recent medical advances that are being developed and tested to aid in recovery from serious personal injuries, like those often occurring in motor vehicle accidents. Allograft implants involve transplanting tissue grafts — e.g., organs, bones, cartilage, and tendons — from one human to another. A graft is a piece of living tissue separated from its original location and moved to a location where it is supported by another source of blood. Allografts involve donors
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This is the second of our three-part series about emerging medical advancements that may aid recovery for those who have incurred personal injuries. Stem cells have the capability of continuously regenerating and developing into other types of cells that are found within the body. They are able to divide and repair tissues within the bodies of humans and animals. Stem cells are also able to be created in laboratories. Stem cell therapy, which is a form of regenerative medicine, is
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We are beginning a three-part series discussing advancements in the treatment and recovery for personal injury victims like those with auto accident injuries. The three treatments to be discussed in this series are in various phases of development, including clinical trials, awaiting FDA approval, usage as a “last resort,” or still emerging as a viable alternative among medical professionals and health insurers. The first treatment to be discussed in this series is Platelet Rich Plasma (PRP) injections. PRP injections are demonstrating effectiveness
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Injury suits may have large financial ramifications and defendants certainly will pursue all available information. The discovery process entitles parties to access reasonably obtainable and relevant material. This may include records containing medical, financial, or employment information. Sometimes the physical or mental health of a party is questioned in a case and the opposing counsel may request (by motion) that the court order an independent medical examination (IME). This examination is conducted by an independent physician who will compile into one report
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A deposition, such as in an automobile accident case, is a formal process where you will be questioned by the opposing party’s legal counsel to gather potential evidence for the case. Depositions occur prior to trial and the venue is typically a conference room at one of the attorney’s offices or possibly at the office of the party to be deposed. Testimony in a deposition is conducted under oath and is transcribed by a court reporter or otherwise documented, and it may
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This is the third of our five-part series called Anatomy of a Car Crash. We will more thoroughly discuss a topic from our recently posted white paper titled Common Auto Accident Injuries in Colorado. Side-impact accidents are those where the front of a vehicle collides into the side of another. Other common terms used to describe this type of accident include angle or lateral impact, a T-bone, or broadside collision. These kinds of collisions are often likely to result in catastrophic injuries or death.
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This is the first segment of a five-part series titled Anatomy of a Car Crash. The series will expand on several key topics that were recently addressed in our white paper Common Auto Accident Injuries in Colorado, which we invite you to read at this link. In this initial part, we discuss the three types of impact that occurs in a single crash. Impact is defined as an instance when something is struck with force. The three types of impact that occur (in succession) are
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This is the second segment of our five-part series called Anatomy of a Car Crash. Here, we will focus on the dangerous impact involved in rear-end accidents, which is when one vehicle strikes another from the rear. These are among the most commonly occurring types of vehicle collisions. The National Highway Traffic Safety Administration indicates that rear-end accidents compose approximately 23% of all occurrences, leading to substantial occupant injuries and property damage. They tend to occur during the day and the car that
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Those on U.S. roadways as a motorist, bicyclist, or pedestrian are more likely to be killed in a traffic accident than from a fire, drowning, stroke, diabetes, or skiing. In Colorado, the number of traffic fatalities rose to over 600 in 2016 and in Denver the number of roadway deaths has increased each year since 2005. Shailen Bhatt, the executive director of the Colorado Department of Transportation (CDOT), says that the death toll is “not acceptable.” Motorists may underestimate the importance
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A commonly asked question relates to whether pursuing a civil action for injuries in court is advisable. In making this determination, you must look at the many variables, facts, and unique circumstances that are potentially involved. In situations where someone is an injury victim, the goal is to secure compensation that is sufficient for the damages incurred. The vast majority of accident claims are settled as a result of negotiation before entering the courtroom. When such negotiation is conducted by seasoned Denver
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Across the U.S. in 2017 there were 40,100 motor vehicle fatalities, which is just short of the 2016 total of 40,327. Approximately 4.57 million people suffered a serious injury resulting from a motor vehicle accident. Over the last twenty years, we have seen many significant safety features that have become standard equipment in vehicles including airbags, anti-lock brakes, and electronic stability control. The market today has many relatively inexpensive products that are available to add to your overall safety. Dash Cameras
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According to Fox31 News, it appears that we are likely in for roughly another six weeks or so of snow, which is good news for skiers. It does remind us, however, that wintry weather conditions will continue to create potentially dangerous roadway conditions, particularly in the mountainous regions. Amy Ford, of the Colorado Department of Transportation (CDOT), says the agency is working hard to maintain the roads amid often challenging weather events. In the meantime, here are a few weather related
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Fatal crashes continue to increase all across Colorado, where there has been a 30% rise in fatalities since 2014. The Colorado Department of Transportation (CDOT) reported 635 traffic fatalities in 2017; a figure that they suggest is not simply the result of increases in the population. Colorado’s State Highway 13, just north of Rifle, has been a continuous trouble spot for accidents. Garfield County and State Patrol data indicates that 92 crashes have occurred in the area between 2013 and 2017. Recently,
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How do autonomous (driverless) vehicles perform when operating amid tough wintry weather conditions? At the VTT Technical Research Centre located in Finland, they have developed Martti, a driverless vehicle that is capable of handling the challenges of snow and ice-filled roads. The vehicle is based on Volkswagen’s Touareg and it has had some success operating in the snow in the Lapland area of Finland traveling at a rate of 25 miles per hour. Carl Wellington, an engineer with Uber’s autonomous vehicle development
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Courts across the U.S. are reporting increases from 2015 to 2016 in civil suits, with a 5% rise nationwide and 6.8% rise in Colorado. Many filers are pursuing financial compensation after incurring injuries from vehicle accidents, defective products, and more. As with any important decision, it is best to carefully consider whether to pursue a personal injury lawsuit. In injury cases, the first course of action is not typically a lawsuit. In vehicle accident cases the party that would pay a settlement
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As you travel through other states for a vacation or business, you may be involved in an out-of-state traffic accident. Here, we will look at how the processes may differ because you are located in a different state. Remember regardless where a crash occurs, you should immediately contact emergency responders if anyone is injured. The procedural and financial implications are secondary to the health and well-being of everyone. As long as you maintain auto insurance, you should be covered anywhere in the
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