Personal Injury

How Much is the Average Car Accident Settlement in Denver?

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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What Happens If You Hit a Pedestrian Jaywalking in Colorado?

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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Is Colorado a No-Fault State for Car Accidents?

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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Car Accident Without Insurance Not at Fault Colorado (2022)

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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Colorado Dog Bite Laws – What You Need To Know

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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What Does Yielding the Right of Way Mean in Colorado?

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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Colorado Car Accidents Statistics for 2022

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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How Much Is the Average Car Accident Settlement in Colorado?

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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Colorado Car Seat Law – All You Need to Know

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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Colorado State Moped & Scooter Laws – All You Need to Know

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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Colorado Passenger and Curfew Laws for Minor Drivers

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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Delayed Shock Symptoms After an Accident in Colorado

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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Colorado Window Tint Laws – All You Need to Know

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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Colorado Vehicle Emissions Requirements

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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What to Do After a Car Accident in Colorado?

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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How Do You Not Get Hurt in a Car Accident?

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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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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How Can Social Media Influence a Personal Injury Claim?

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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What is Whiplash?

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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What to do if You’re Pregnant and Get into a Car Accident

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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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 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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What Does it Mean to Settle a Personal Injury Claim Case in Colorado?

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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What Happens in Colorado When You Win Your Personal Injury Lawsuit?

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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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 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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What Happens if a Computer Glitch Causes Your Attorney to Miss a Filing Deadline in Your Lawsuit?

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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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 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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Can Allograft Transplants Make All the Difference to Your Personal Injury?

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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Is Stem Cell Therapy Viable for Treating Your Personal Injury?

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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How Can Platelet Rich Plasma Treatment Be Used to Treat Your Injury?

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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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 Medical Evidence Do You Need in an Accident Claim?

After being involved in a significant motor vehicle accident, it is critical to be examined by a doctor in a timely fashion, even if you feel that your injuries are minor or nonexistent. The following are some things to keep in mind if you have been injured in an accident. If your injury is apparent, take photos following the accident. You should always follow any treatment plan provided for you, failing to do so may hinder your ability to obtain
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Common Bone Injuries in Auto Accidents

Over one-million individuals are admitted to hospitals annually for severe injuries incurred in traffic accidents. In 2012, vehicle accidents resulted in $18 billion in overall lifetime costs of medical care. Among the many injuries, a broken bone, also known as a fracture, is one of the most common. Broken bones can greatly hinder mobility, overall range of motion, and be associated with paralysis. Here, we will look at the common bone injuries which occur in accidents and the potential long-term consequences. Common
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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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6 Safety Tips for Holiday Decorating

In decorating your home for the holidays all of the fun can lead to simply losing focus on at-home safety concerns. In the last two months of last year, almost 14,000 individuals arrived at hospitals that resulted from decoration-related accident injuries. The nature of the injuries varied from situations of slip-and-fall, severe cuts, burns and a host of others. The leading advocate in the U.S. for prevention of these incidents has long been the Consumer Product Safety Commission (CPSC). 1. Candles Candles
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7 Safety Tips for Home Fire Prevention this Holiday Season

The U.S. Consumer Product Safety Commission ranks fire as the second most common cause of in-home accident fatalities. Fires in homes are attributed to approximately 4,000 deaths annually, over 500,000 fires are responded to by fire departments, and yearly property damages exceed $4 billion. The Denver Fire Department considers the year-end holiday period one that usually has a notable rise in the number of house fires. They wish to remind residents to be extremely careful when lighting candles, to inspect electrical cords
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Thanksgiving Accidents and Hazards in the Home

This is the final segment of a series titled Personal Injuries & Thanksgiving, which identifies major safety concerns during this holiday period. Here, we will discuss potential dangers that may exist at home during Thanksgiving and also view Colorado’s premises liability laws from the homeowner’s standpoint for liability and elaborate on the “visitor status” classifications in the law. Homeowner Liability Colorado’s Premises Liability Act defined the statutory duty landowners have to care for those on their property. The legislative intent in
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Accidents While Holiday Shopping & What You Should Know

This is the third of a four-part series of articles discussing the many dangers that can lead to injuries, fatalities and property damage during the Thanksgiving holiday time. It has been well established that the U.S. mortality rate rises around Thanksgiving and remains heightened throughout the winter months. Much of this is based on the seasonal changes including colder weather and the impact of the flu; however, car accidents and coronary health problems, such as heart attacks, are also much
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Increase of Auto Accidents During Thanksgiving Holiday

This is the second of a four-part series titled Personal Injuries & Thanksgiving, which seeks to identify major safety concerns associated with this holiday period. The National Highway Traffic Safety Association (NHTSA) has tracked data regarding traffic fatalities on major holidays for over 30 years. They found that roughly 91% of those in the U.S. will travel by car on Thanksgiving and twice as many travelers go 50 miles or more, considerably more than on Christmas or New Year’s Day. In
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Thanksgiving is the Most Dangerous Holiday of All

This is the first of a four-part series titled Personal Injuries & Thanksgiving, where we look at the continued disturbing trend of car accidents, injuries and fatalities during the Thanksgiving holiday. This time is considered to be the beginning of the “holiday season,” and data indicates it is among the most dangerous time of year. According to AAA, 50.9 million people will travel a distance of over 50 miles this year, at least a 3% increase over the prior year. They
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Distracted Driving Statistics in Colorado

Distracted driving occurs when vehicle operators are texting, tending to children, eating, or reading while driving. Reports suggest that although drivers are aware of the problem, they continue to allow distractions to jeopardize themselves and others on the road. Proving that a driver was distracted is more difficult than, for example, driving under the influence of alcohol, which can be determined with a breath test. In response to this problem, Colorado Governor Hickenlooper recently finalized legislation that increases the penalty
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Vehicle Accident Trends in Colorado

Several common causes of roadway crashes, such as, inattentiveness, excessive speed, driving under the influence, lane violations, and failing to yield, cause approximately 70% of accident injuries or fatalities. The Colorado State Patrol (CSP) is the lone statewide agency responsible for enforcement of traffic laws. The CSP responds to about 30% of all car accidents in Colorado and investigates approximately 70% of those with a fatality. Properly identifying causal factors for crashes is critical in overall efforts to reduce injuries,
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Colorado Laws and Regulations for Driverless Cars

Colorado Governor John Hickenlooper signed legislation recently allowing for controlled testing of autonomous vehicles as long as it can be done while adhering to the current roadway rules. Hickenlooper says he is seeking a way of maintaining regulations while not creating “red tape” that could hinder innovation. State Senator Owen Hills explained that the new policy is not intended to outline a detailed set of how smart cars should be operated, instead to simply make certain the testing is safely conducted. Much
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Four New Technologies for Safer Roads Across Colorado

According to the National Highway Traffic Safety Administration, there were 35,092 fatalities in vehicle accidents in 2015. This was a 7.2% increase over the prior year and the highest rise in the U.S. since 1966. Anthony Foxx, the U.S. Transportation Secretary, issued a need for action among data experts, safety specialists and others to determine the causes and create solutions. Here in Colorado, there were 546 such fatalities in 2015, representing a staggering 12% increase over the previous year. We do not
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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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Legislation Pending & Civil Suits Underway in Response to a Fatal Colorado Helicopter Crash

Legislation is well underway in the U.S. House that will mandate that all helicopters now be manufactured with crash-resistant fuel tanks. In 2015, a fatal helicopter crash in Frisco claimed the pilot’s life and severely injured two others. Jared Polis and Ed Perlmutter, both U.S. Representatives from Colorado, are sponsoring the bill. Perlmutter said that although the problem was detected years ago, nobody has required that a solution is mandated for this hazard. Those investigating the incident feel that the crash may
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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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Denver Banned Dog Breed Law Seeks to Prevent Injuries & Related Liability

The city and county of Denver does not allow for ownership, possession, transportation, or sales of pit bull dogs. Denver defines a pit bull as being an American Pit Bull Terrier, Staffordshire Terrier, Staffordshire Bull Terrier, or dog that exhibits the bulk of the physical attributes of these breeds, according to the American Kennel Club or United Kennel Club standards. The ban was originally implemented in 1989 and was soon after challenged by those claiming the ban was not constitutional.
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Tips for Preventing Accidents in Colorado’s Road Construction Zones

As spring turns to summer, the number of roadway construction projects in Colorado is at its peak level. Highway reconstruction and maintenance crews are working to improve our transportation system, and they face potential danger from careless or negligent motorists. It is critically important that drivers pay attention to the signs, signals and other warning indicators when approaching construction areas. The General Contractors of America recently released results of their study revealing that over 40% of contractors had witnessed a collision
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Colorado Regulators Issue Report on Ski Chairlift Accident Leading to Woman’s Death

The much-anticipated state inspection report regarding a Ski Granby Ranch chairlift accident which sent 40-year Kelly Huber falling 25 feet to her death has been completed. A spokesman told the Denver Post that this was a very unlikely occurrence, and with the additional changes to be implemented, it will likely not occur again. The lift system known as the Quickdraw Express allows for operator adjustable speed changes, which led to Huber’s fall and death. The daughters were examined in the
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Driver Falls Asleep Behind the Wheel & Nearly Drives into House

A man that was driving down Foley Avenue in Coon Rapids, MN abruptly fell asleep at the wheel and missed a turn. His vehicle remained heading straight toward a home; however, his car hit a parked truck which woke him and prevented the potential catastrophe. Police reported that the man was transported to a local hospital for treatment. AAA reports that those who sleep five hours per night or less have a four times greater likelihood of being involved in
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Day Care Operator in Florence Faces Wrongful Death Suit for 9-Month Old

Florence police and Fremont County sheriffs responded to a call regarding an unresponsive infant. 9-month old Rhett Walker was pronounced dead, which has led to a civil suit of wrongful death against defendants Christine and Sean Humphrey and James and Connie Clark. Rhett was brought to her day care provider in a car seat. Defendant Christine Humphrey placed the infant in the seat in the living room. Upon returning from another room, Humphrey noticed the seat had flipped over. She
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Colorado Supreme Court Rules on the Collateral Source Rule in Auto Accident Case

What Is the Collateral Source Rule? The Colorado collateral source rule states that even if an insurance policy or another collateral source pays your medical expenses, the defendant will be liable for the full amount of your medical bills. The collateral source rule aims to hold at-fault parties liable for their actions, even if someone else has already paid for the victim’s medical bills. If you had $10,000 in medical bills and your auto insurance policy gave you $10,000 to
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Can Speed Enforcement Camera Footage Provide Evidence in Civil Accident Cases?

Colorado authorities have continued diligent efforts to improve roadway safety throughout the state. Unfortunately, 2016 was a difficult year statistically for CO, as an estimated 605 fatalities occurred during the year. This death toll included 125 motorcyclists, 84 pedestrians, and 16 that were riding a bicycle. This is an overall 11% increase over the 2015 statistics. Colorado is among the many states that uses cameras for enforcement of speeding and red-light type violations. As ticketing associated with automatic photographs becomes
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Postal Service Workers Report 6,755 Dog Attacks in 2016

The United States Postal Service (USPS) released their annual report regarding dog attacks on U.S. mail carriers. Approximately 6,755 postal employees were attacked by dogs in 2016, a 3% increase from 2015. Denver reportedly ranked #7 on the list with 47 incidents. USPS spokesman Mark Saunders says that larger cities have the highest frequency of incidents, attributed to greater population density. The Center for Disease Control estimates that 4.5 million dog bites occur annually. Nearly one of every five of
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Sexual Assault on College Campuses

Sexual assault is any variety of sexual contact or conduct that happens which lacks explicit consent by the receiver. Examples include forced intercourse, child molestation, incest, groping, and attempted rape. Someone who submits based on fear is not consenting. These acts of power or control usually are committed by perpetrators that the victim knows. Sexual activity that lacks consent is assault; those heavily intoxicated are at higher risk of being assaulted. University of Colorado’s Large Study A study named The
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Kentucky Supreme Court Reverses Landlord Liability in Tenant Dog Attacks

In 2012 the KY Supreme Court ruled that landlords may be subject to liability in incidents where a dog owned by their tenant bites someone. The decision includes the property landlord as a “dog owner” in such cases, even if they were unaware of the presence of a dog on the property. This week that ruling was reversed, limiting liability to solely the owner of the animal. Supporters of the reversal cited that landlords were unfairly being subjected to increasing
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Drivers Having Sudden Drug Overdoses Becoming a Roadway Safety Concern

A new disturbing trend is emerging that poses a threat to both other vehicles and pedestrians on and near our roads. As the U.S continues coping with the “opioid epidemic”, law enforcement personnel has encountered accidents where the driver has “overdosed” while behind the wheel. A report out of Virginia says all U.S. states are encountering the problems associated with abuse of heroin and pharmaceuticals for pain treatment. They estimate the number of individuals with an addiction to pain medication
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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 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 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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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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What Damages Can I Receive If I’ve Been Injured On An Airplane?

Most people think that injuries on airplanes only occur if the airplane crashed. The reality, however, is that airplane crashes are extraordinarily rare, and you are over 3,000 times more likely to be involved in a car accident than a plane crash. Of course, this does not mean that you cannot be injured in the air. In fact, studies have shown that approximately 4,500 people are injured during flight travel each year. These injuries often result from the negligence of
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5 Tips For Avoiding A Winter Car Accident

Not only can collisions cause damage to your vehicle and personal injury, even a relatively minor fender bender can ruin your day. While inclement weather like snow and ice may be a common contributing factor in Colorado accidents, you may be surprised to know that the majority of crashes are caused by poor driving and inattentive drivers. Before you and your loved ones get behind the wheel, here are five easy tips to remember that can help you prevent a
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How to Document Pain and Suffering After an Accident

When you are trying to get a settlement from an insurance company after you’ve been injured in an accident that wasn’t your fault, it is generally a pretty straight forward process. A precise amount will be determined for any all medical expenses you have incurred. If it was a car accident, repairs to vehicles or any other property damage will be quantified and reimbursed. There are several important steps you can take to ensure that you receive a fair and appropriate settlement
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