FAQs

What to Do if

What to Do if You’ve Been Served a Subpoena

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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What is Post-Traumatic Stress

What is Post-Traumatic Stress Disorder?

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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How to Appeal a

How to Appeal a Case in Colorado

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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What are the Basis

What are the Basis of Injury Lawsuits?

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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5 Reasons To Hire

5 Reasons To Hire an Accident Attorney

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 lawyer. 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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What’s Colorado Doing to

What’s Colorado Doing to Make Intersections Safer for Drivers, Bicyclists, and Pedestrians?

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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What Are the Human

What Are the Human Factors That Make Intersections so Dangerous?

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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Pedestrians & Bicyclists Are

Pedestrians & Bicyclists Are Most Vulnerable Intersection Users

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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What Are the Most

What Are the Most Dangerous Intersections in Colorado?

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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What are the Deadlines

What are the Deadlines for a Colorado Personal Injury Claim?

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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Can I Receive Social

Can I Receive Social Security Benefits If I Was Permanently Disabled & My Lawsuit Is Pending?

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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What is the Difference

What is the Difference Between an Independent and Compulsory Medical Exam?

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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Is My Case Worth

Is My Case Worth Suing the At-Fault Party in Court?

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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What does Marijuana Mean

What does Marijuana Mean for Risk and Liability?

Drivers in fatal crashes are increasingly testing positive for marijuana in Colorado, with a rise from 627 to 880 fatal accidents between 2013 and 2016. In 2013, roughly 10% of drivers in fatal crashes tested positive, but in 2016 this number doubled to approximately 20%. One important thing to remember is that with the recent changes to marijuana laws, the frequency of testing for marijuana is higher now than in years past. Business Risk & Liability Marijuana usage can have ramifications
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What Do I Do

What Do I Do if the At-Fault Party is Under-or Uninsured?

The Insurance Research Council tracks uninsured motorist claims filed with auto insurance companies. Their recent data suggests that approximately 16.2% of Colorado motorists are uninsured, which is higher than the national average of 12.6%. The state does require that all motorists have vehicle liability insurance of certain minimum levels. Residents are required to present documentation showing insurance coverage for vehicle registration and may impose penalties for driving without coverage. For reasons unknown, the state ranks in the top-ten in this
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Am I the Victim

Am I the Victim of a Car Crash Scam?

Here, we look at accidents that are part of scams orchestrated by criminals. Most citizens are honest and hardworking members of society; however, there is a criminal element that seeks to take advantage of aspects of accidents and insurance. Actions classified as fraud, such as the auto accident scams we will discuss, are among the most common financially-based crimes in the country. Organized Criminal Activity Certain regions of the United States have particularly high rates of such activity. In Colorado
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What Do You Do

What Do You Do if Involved in a Serious or Fatal Car Accident?

The National Highway Transportation Safety Administration estimates there are more than 6 million passenger car accidents and another 4 million light truck accidents annually. In light of these statistics, drivers seem to have a false sense of security on the road today: vehicles are increasingly comfortable with many enhanced safety features, offering a feeling of safety. The reality is that each day accidents lead to property damage, injuries, and fatalities. Being prepared with the knowledge of how to proceed after
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What are the Side

What are the Side Affects of a Traumatic Car Accident?

This is the first of a four-part series titled Nightmare Scenario Car Accidents discussing the often traumatic implications of car accidents. According to Merriam Webster, the term traumatic is used to describe a disorderly mental or behavioral state that is caused by severe stress or physical injury. In terms of a car accident, the events of an accident could be shocking and result in severe physical harm or death. Data from the Insurance Institute for Highway Safety indicates there were 37,461
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How Can Photographs Help

How Can Photographs Help Your Claim?

Photos are impactful as evidence in car accident claims because they can offer illustrative details of the scene of the accident, vehicle damage and injuries that may have been incurred. The majority of U.S. residents have a mobile phone of some kind equipped with a camera. Over 77% of residents have a smartphone equipped with cameras and video capabilities. This technology that we all almost possess can come in handy if you are in an accident and want to memorialize by photo
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How Will Injury Claims

How Will Injury Claims Change with Technology in the Future?

This is the final of a three-part series titled Personal Injury & Digital Technology: Where We Are & Where We Want to Be that looks at how digital technology impacts personal injury actions. Digital technology usage will rise in the coming years. The volume of digital data is approximately 10 zettabytes and will reach 40 zettabytes by 2020. Jobs in tech-driven areas will see significant growth. The Bureau of Labor Statistics explains that massive occupational opportunities will be in STEM–science, technology, engineering,
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How Has the Claims

How Has the Claims Process Changed Over the Years?

This is the second of the series titled Proving Personal Injury & Digital Technology: Where We Are & Where We Want to Be, which looks at how digital technology is influencing personal injury litigation. Law practitioners are generally not on the “cutting edge” of technology for several reasons. Some reasons include how the legal profession tends to minimize risk potential, the sensitive and confidential nature of the information involved in their work, and that legal practice involves significant interaction and compliance with governmental
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What Did Injury Claims

What Did Injury Claims Look Like Without Digital Technology?

This is the first segment of a three-part series titled Personal Injury & Digital Technology: Where We Are & Where We Want to Be that analyzes how digital technology is impacting personal injury actions. Recent data from the Pew Research Center indicates that roughly 95% of Americans currently own a mobile (cell) phone and 77% of those are smartphones. Approximately 80% of adults in the U.S. own either a desktop or laptop computer. We have seen technology transition virtually all aspects of our culture,
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What Does a Lawsuit

What Does a Lawsuit in a Car Accident Claim Look Like?

This is the final of a three-part series entitled Car Accidents, Personal Injuries & the Insurance Carrier. In the earlier parts we reviewed the difference between first-party claims and third-party claims for damages and then outlined the general claims process. Here, we look at the process of a lawsuit in cases based on automobile accidents. Unfortunately, accidents and their subsequent civil actions are a reality in the U.S and severe accidents here in Colorado continue to rise. The National Safety Council reports that
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What is the Auto

What is the Auto Insurance Claims Process?

This is the second of a three-part series entitled Car Accidents, Personal Injuries & the Insurance Carrier. Here, we will provide an overview of the claims process. We purchase auto insurance to provide financial coverage for losses and damages that may occur. A claim is filed with an insurer for compensation after a party sustains property damage and/or bodily injury. In the U.S., there are millions of auto insurance claims filed each year. In 2016, claims exceeded 6 million from crashes,
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What is the Difference

What is the Difference Between 1st and 3rd Party Auto Insurance Claims?

This is the first of a three-part series entitled Car Accidents, Personal Injuries & the Insurance Carrier. We will begin by looking at Colorado’s auto insurance system historically, as it has changed considerably in recent years. Next, we will assess current market conditions in the state and explain and differentiate first-party claims from third-party claims in the auto insurance system. In 2003, the state repealed the existing “no-fault” auto insurance system that was in place for 30 years. The Governor felt
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What if the Insurance

What if the Insurance Company Refuses to Pay?

Insurance is well established in our society as a way to limit risk and provide economic security. Both individuals and businesses use various insurance products for everything from cars, health, homes and more. The insurance industry is also among those most subjected to regulation. Each state assigns a department to be responsible for oversight of financial dealings involving insurance companies. States have drafted provisions that specify the standards that companies are to adhere to. According to the recent Colorado Division of
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Safer Roads Through Technology

Safer Roads Through Technology & Innovation

There is little doubt that Colorado needs to remain focused on roadway safety after having 605 fatalities in 2016. The problem is not limited to passenger vehicles, as there were 125 fatalities among motorcyclists, 94 among pedestrians and 16 among bicyclists. These numbers represent over a 10% jump from the previous year, and the problem has received attention by the Colorado Department of Transportation, the State Highway Patrol and other such agencies. We are still a few years away from truly beginning
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Safer Roads Through Vehicle-to-Infrastructure

Safer Roads Through Vehicle-to-Infrastructure Communication

The Colorado Department of Transportation (CDOT), through the RoadX program, is working on several initiatives involving new technology and innovative strategies to make our roadways safer. The Smart 70 program will test Vehicle-to-Infrastructure (V2I) communications along I-70 including higher-risk, mountainous segments. V2I communication allows infrastructure along our roadways to exchange important information. Another term commonly used in describing this concept is Intelligent Transportation Systems (ITS). Some examples of infrastructure include traffic signals, strategically placed sensors, and overhead message signs. The benefits of this connected
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Preventing Accidents in Colorado

Preventing Accidents in Colorado

In this five-part series, we have identified the leading contributing factors and causes of auto accidents including human contributions, weather, and road conditions. In this final segment of the series, we will focus on what is being done in Colorado to prevent accidents. The 2017 Integrated Safety Plan (ISP) published by the Colorado Department of Transportation (CDOT) outlines programs, initiatives, goals, and funding. It is truly an integrated plan that involves the National Highway Traffic Safety Administration (NHTSA), Federal Highway
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Requirements for Documents Presented

Requirements for Documents Presented to the Court Based on the Federal Rules of Civil Procedure

In civil cases, such as claims of personal injury or wrongful death, many potential types of documents may be presented to the court. The Federal Rules of Civil Procedure (FRCP) contain certain requirements that the courts impose that are procedural in nature, as well as stipulations concerning that the information contained is factual. For this reason, those bringing a claim should always seek capable legal representation from an experienced lawyer. When a party submits documents such as pleadings or motions, it
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What are the 12

What are the 12 Titles of the Federal Rules of Civil Procedure?

The Federal Rules of Civil Procedure (FRCP) guide civil actions in the U.S. District Courts. The FRCP provides a comprehensive framework for fair, efficient, and economical execution of civil proceedings. The Supreme Court implemented the original version in 1937, and the 12 titles have been revised and amended over the years. Title 1 – FRCP Scope: Summarizes the overall mission of uniformity and equitable administration of federal civil actions. Title 2 – Commencement of Suits: How suits are initiated via complaint and the processes
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What are the Federal

What are the Federal Rules of Civil Procedure?

The Federal Rules of Civil Procedure (FRCP) outline procedures in civil matters in U.S. District (federal) courts. These rules are initiated by the U.S. Supreme Court in accordance with the Rules Enabling Act, then Congress has a period of seven months to veto the rule or it becomes law. The Federal Judiciary has a Judicial Conference, which typically recommends changes to the rules. Federal courts must apply individual state laws when deciding cases; however, if state law is ambiguous, the FRCP can
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How to Collect a

How to Collect a Civil Judgment Award in Colorado

When a court awards a civil judgment, it does not always result in a quick payment. Judgments must be collected before the expiration date. County court judgments run six years, while those in district courts extend it to twenty years. The party who is owed the award is known as the Judgment Creditor and the party who is responsible to pay the award is the Judgment Debtor. If an uncollected judgment is nearing expiration, you can petition the court for an extension. Remember, you
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Can Landowners Face Premises

Can Landowners Face Premises Liability Actions in Rattlesnake Bite Claims?

The Denver Post reports that people and animals continue to be bitten by venomous rattlesnakes across the state. A family in Hayden says their dog was recently taken to Dr. Wayne Davis at Craig Veterinary Hospital for the treatment of two bite wounds and was administered anti-venom medicine. Davis has treated a total of 12 bitten animals so far this year. The veterinarian thinks the increase in the snake population stems from a surge in the population of ground squirrels–their preferred prey.
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How Wearing Seat Belts

How Wearing Seat Belts Impacts Auto Accident Liability & Negligence

The Colorado State Patrol claims that there is a 82.9% seat belt compliance rate. The state’s law requires that both front seat occupants of a motor vehicle wear their seat belt. It is no secret that seat belts can save lives in auto accidents. How does failure to wear a seat belt affect Colorado civil cases involving negligence and liability in auto accident injuries? Colorado Court of Appeals Case Defendant Jon Staples appealed a ruling for Plaintiffs Lilli and Leon
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How is a Reasonable

How is a Reasonable Award for Exemplary Damages Determined?

In civil cases, the plaintiff can be awarded compensatory or actual damages such as hospital bills, medical equipment, and property damages. Exemplary or punitive damages may be awarded by the court also; however, these may only be pursued when the defendant’s actions are purposefully done. Exemplary damages must stem from the defendant’s intent based on fraud, willful or wanton conduct, or malice. Assuming that this burden of proof has been met, how do jurors determine a dollar amount to award
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How You’re Awarded Reasonable

How You’re Awarded Reasonable Exemplary Damages in an Injury Claim

In a lawsuit where an individual was severely injured, there are two types of financial compensation that can be awarded. Compensatory damages, often referred to as actual damages, are designed to compensate the victim for their losses. Examples of these could include medical bills, vehicle damage etc. Exemplary damages, or punitive damages, are awarded when the actions of another were influenced by some intent beyond simply negligence. Determining whether exemplary damages are applicable in a Colorado case involves measuring the
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What is the Financial

What is the Financial Liability of a Negligent Motorist?

According to the Rocky Mountain Insurance Information Association (RMIIA) approximately 16% of Colorado motorists are operating their vehicles without the state mandated auto liability insurance coverage. In comparison, the national average is approximately 12% in the US. The state has continually heightened efforts to improve means of communication between auto insurance providers and the state authorities responsible for enforcement. State Legislative Declaration In C.R.S. 42-7-102 the general assembly addressed the “human suffering, loss of life, limb and property” brought about
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What are the Financial

What are the Financial Implications of Case Settlements?

Cases of personal injury or wrongful death seek to recover economic compensation for harmed plaintiffs. Three ways that these civil cases can be concluded include a settlement, a trial, or an appeal. A settlement can be viewed as a “pre-trial compromise” that is reached through negotiations. Agreeing to a settlement is common, as it avoids further formal litigation. If no compromise can be made, then the case enters the trial phase. If the Plaintiff wins the trial, a judge or
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What is the Comparative

What is the Comparative Fault Law in Colorado?

Of the types of tort, cases of negligence are the most common. Negligence is associated with personal injury and wrongful death cases such as auto accidents, slip-and-fall, work-related accidents and more. Liability for harm that results from negligent actions or indifference can be brought in civil action against an individual, company, or responsible party in Colorado. Understanding Negligence Conduct defined as being negligent is clearly distinct from intentional tort. The negligent tortfeasor doesn’t have any direct intentions of creating harm
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Advantages of Contingent Attorney’s

Advantages of Contingent Attorney’s Fees

You have probably heard of contingent attorney’s fees, but do you know what that means? It means that your attorney is paid only if they recover money in your case, and they are paid proportionally to the amount recovered. This is different from paying your attorney an hourly rate. The percentage of your recovery paid to your lawyer is agreed upon beforehand, and your attorney will also be able to collect reimbursement for their out-of-pocket expenses. The majority of personal
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What is Comparative Negligence?

What is Comparative Negligence?

The law of comparative negligence (or comparative fault) is something you need to understand if you are planning to litigate your personal injury case. Comparative negligence can greatly affect the amount of compensation you receive once your case is settled or a verdict is returned. What Is Comparative Negligence? In essence, comparative negligence laws allow both parties involved in a personal injury suit to share responsibility for the accident. This means that as the injured party, you can still be
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How Can Road Rage

How Can Road Rage Influence Your Claim?

Sharing the road with other motorists is not always easy. Every day, thousands of drivers in Colorado make mistakes behind the wheel that are bound to irritate and annoy us. For many, the worst way in which these situations end is with an exchange of some, shall we say, “sign language.” However, this is not always the case. Sometimes, drivers on the road completely lose their cool and engage in risky and dangerous behavior. This is what we call road
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How Your Smartphone Can

How Your Smartphone Can Be An Extremely Useful Tool Following A Car Accident

Pretty much everyone of driving age these days has some form of a smartphone. With these devices, we can surf the internet, check our email and use GPS to navigate around town in addition to sending text messages and making phone calls. But what you may not have guessed is that your smartphone has all the tools you need for documenting important information and gathering evidence at the scene following your accident. After a car accident, your vehicle may very
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