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Archive for the ‘Colorado attorney’ Category
Tuesday, September 7th, 2010
Slip and fall accidents can happen anywhere both public and private — on the job and off. It is important to know how to protect your rights regarding fault under slip and fall circumstances. Injuries from slip and fall accidents can range anywhere from short term to long, chronic periods of time including sprains, broken bones, head injuries and even death.
These types of accidents are caused by a variety of different conditions.
• Poor lighting
• Damaged carpet
• Uneven floors
• Improperly maintained walkways
• Obstructed walkways
• Unsafe sidewalks
• Spills
Protecting your rights should be the number one priority. When injured in a slip and fall accident on the job, implications are different.
Through the workman’s compensation laws, as an injured person on the job you are not able to file an injury lawsuit against your employer for negligence. The workman’s compensation law is a “no-fault” system put into place to protect the worker no matter the blame for the injury.
However, if your employer does not have the proper insurance put into place in order to protect its workers, a claim can be made. Or a third party, say a delivery from a bottling company, is responsible for your injury. At which point there are a few things to keep in mind.
The state of Colorado enforces a modified form of comparative negligence law, but it is straightforward just the same. If you are injured in a slip and fall accident and file a claim against another, the judge will have to determine the degree of negligence amongst both parties involved, invoking a 50/50 scale.
Did you follow all of the posted signs? Were there any posted signs?
Your role as the injured must be proven less than 50% of the total negligence in order to recover damages caused by the injury. It is advised to call a Colorado attorney that is experienced in personal injury cases and knows the complex laws regarding slip and fall accidents.
If you have been injured due to a slip and fall accident, taking these steps immediately not only allows the maximum protection of your rights, but also offers existing evidence for your possible future claim, insuring all of the correct information is delivered.
• Inspect the area where you fell
• Document what you see
• Take contact information of anyone that witnessed the fall or that could describe the scene
• At work, get a supervisor to document the fall and get a copy of all of the sheets
• Soon after if not immediately, take photos of the scene.
• Contact a Colorado slip and fall accident attorney
Nonetheless, if you are at work and your employer does have everything in place, you will have to prove certain aspects the accident. If you are under the influence of alcohol or drugs or have been doing something explicitly forbidden under company policy, you may be precluded from recovering any damages. Otherwise, you merely have to prove that you were at work, doing your job when the accident occurred.
Records should be kept regarding all aspects of the accident in case of further complications. Some to keep in mind are:
• Doctor’s visit
• Medical injury records
• Time away from work due to the injury
• Receipts for money spent
• Transportation expenses
• Therapy and medications
The first thing to do after a slip and fall accident is get the proper personal care needed. Then contact an experienced Colorado attorney that is compassionate in your time of need and will work for you to get the compensation you deserve. Don’t make unneeded mistakes that prolong your suffering, if you have been injured in a slip and fall accident contact a Colorado personal injury attorney who specializes in slip and fall litigation today!
Tags: co slip fall attorneys, denver slip fall attorneys, slip and fall accidents injuries, slip and fall injury, slip fall attorney, slip fall lawyers, slip-and-fall accidents
Posted in Colorado attorney, slip-and-fall accidents | No Comments »
Saturday, September 4th, 2010
Wrongful death is a generally accepted description for the consequence of taking the life of an individual resulting from the willful or negligent act of another person or persons. If a person is killed due to neglect or wrongful conduct of a person or persons, the decedent’s beneficiaries and/or survivors may file a wrongful death action against the tortfeasor or those responsible for the death.
Unlike criminal prosecutions, which are brought by the government, private citizens bring about tort actions. Statutes govern this area of tort law, and wrongful death statutes vary from state to state. However today, every state has some form of wrongful death statute in force. Generally, statutes define who may sue for wrongful death and any limitations to an award for damages.
Some forms of wrongful death may include:
• Negligence such as careless driving
• Slip and fall accidents
• Defective products
• Intentional attacks such as assault and/or battery
• Medical malpractice
• Death in the course of another crime
• Vehicular manslaughter
• Manslaughter
• Murder
A wrongful death claim generally consists of four elements:
• The death was caused, in whole or part, by the defendant’s conduct
• The defendant was negligent or strictly liable for the victim’s death
• There are survivors and/or beneficiaries to the victim
• Monetary damages have resulted from the victim’s death
However, there are remedies for tortuous actions, including monetary damages and injunctions, which are court orders forbidding particular conduct. If you believe a loved one is the victim of a wrongful death, contact a compassionate Colorado Attorney that will fight for the compensation you and your family deserve. A few of these compensations may include:
• Expenses incurred by the death of the victim (medical, funeral, etc.)
• Loss of future earnings anticipated over the lifetime of the victim
• Benefits lost due to the victim’s death (medical insurance, pension, retirement funds, etc.)
• Survivor’s pain, suffering and mental anguish caused by the loss of the victim
• Companionship, care or protection lost due to the absence of the victim
• General and punitive damages
As stated previously, states vary on this topic, but generally, it is stated that immediate family (spouse, children and parents) may claim a wrongful death action against a tortfeasor. In some states, grandparents, legal dependants and even extended family may file. Also be advised that there is immunity against other family members. Family members cannot file a wrongful death claim against another family member. With each state possessing variations on this law, contact someone who will help you understand these law variations and your rights as a survivor.
States also vary on time limitations for filing a claim of this sort. Do not hesitate if you are a survivor to a wrongful death. Immediately contact an experienced Colorado Attorney who will take the time to listen to your situation, ensure the protection of your rights as a survivor and get you the necessary compensation needed during this troubled time. It can be very discerning to learn of this type of news.
Having a competent Colorado wrongful death attorney to help you cope with such a shocking and difficult tragedy and to help guide you in the direction towards the justice deserved can greatly impact the level of support you and your family can expect to receive both at present and in and in the future. Don’t take on the insurance companies and corporations alone, you can be sure they have hired a team of Colorado wrongful death attorneys in preparing to refute your claims and deny responsibility in the death of your loved one!
Tags: colorado wrongful death attorneys, wrongful death, wrongful death attorneys, wrongful death cases, wrongful death lawyers
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Wednesday, September 1st, 2010
Under Colorado product liability law, you have the right to have your case heard by a jury as well as recover damages for pain, suffering, disability, lost wages and also for future damages.
The law of products liability is complex and varies between states in the degree of accountability in which they hold a defendant for injury caused by its product. It is important to be informed by a Colorado attorney that is seasoned in personal injury cases and product liability throughout the state of Colorado.
What if a defective product injures me?
If a defective product has injured you or someone you know, it is highly important to contact a knowledgeable Colorado attorney immediately. This is to protect your rights. Under Colorado law, there are statutes in place that prevent damages collection if too much time has passed from the date of your injury to the date of recovery. Document the date of the injuries sustained by the defective product, all injuries and symptoms you experienced as they present themselves. Also, make sure you keep the defective product, its original packaging if applicable and receipt from the place of purchase. It is important to not alter or damage the defective product further in any way. Any type of altering of the product could prevent you from collecting the compensation you deserve.
The laws in place regarding product liability can be complex and difficult to comprehend without the help of an experienced Colorado personal injury attorney. Furthermore, defendants in product liability cases usually are large manufacturers attempting to protect their product with seemingly unlimited resources. A well-informed and experienced Colorado personal injury attorney can help you protect your rights and receive the proper compensation needed after an encounter with a defective product.
How do I know if the product is defective?
• If a product contains inadequate instructions or cautions to foreseeable risks, it is a marketing defect.
• If a product is manufactured with a flaw of any kind, but is marketed and designed properly, it is a manufacturing defect.
• If a product is designed with foreseeable flaws that could prevent injury by an altered design, it is a design defect.
If a product is defective in the way that it is manufactured, marketed or designed, and a person is personally injured by that defect, the manufacturer, distributor and/or the seller of the defective product is held liable and is responsible for the consequences of said defect. Only a seasoned Colorado personal injury attorney can help you protect your rights and recover physically, mentally and emotionally, gaining the monetary damages deserved, and making sure that others do not sustain these same injuries.
Given the differences in which states and courts handle the issues of product liability, if you are injured by a defective product in Colorado you should immediately contact an attorney with requisite and verifiable experience in both Colorado personal injury cases and product liability cases.
Tags: Colorado personal injury lawyer, colorado wrongful death attorneys, denver personal injury attorneys, personal injury, wrongful death attorney, wrongful death lawyers
Posted in Colorado attorney, Colorado personal injury attorney, Colorado product liability, product liability | No Comments »
Sunday, August 1st, 2010
With the number of cyclists increasing through programs like Bike to Work, Ride to Work Day and May 2011 becoming National Bike Month, drivers will see an increase of the number of cyclists on the road, not to mention the number of people now walking as an alternative means of transportation.
Boulder, CO has one of the largest tri-athlete communities in America. Hundreds of cyclists and runners frequent the roadways daily there and throughout the Front Range of the Rockies. Trendier ways such as skateboards, rollerblades and scooters are also becoming more prominent means of transportation for today’s youth, not to mention motorcycles. These people have rights too!
Today there are many drivers that become distracted by cell phones, radios, fast food, etc. that it becomes ever more difficult to be a good defensive driver as well as being aware of pedestrians and cyclists. The lack of awareness is growing. If you or someone you know have fallen victim to one of these crimes and you are reading this now, you have taken the right step to protecting your rights.
Often times, vehicles on the roads and highways feel they are in the right because of the size of their vehicle. Hummers and oversized SUVs tend to rule the streets with a “Get Out of My Way” approach to driving. Violations of these rights can and will result in legal action, if you have the right representation! And the government is on board…
Many times, the problem lies in the lack of previsions for pedestrians such as proper crosswalks with hand signaling lights and sounds for all people, proper space provisions on roadways and proper education for all drivers. However, the Department of Transportation is now including cyclists and their needs into the development and designs of federally funded projects.
As of March 2010, the Department of Transportation no longer considers the automobile as the autonomous ruling aspect on America’s roads. Transportation Secretary Ray LaHood says on his blog that the needs of pedestrians and cyclists will be considered along with those of motorists, and he makes it clear that walking and riding are “an important component for livable communities.” He also states, “This is the end of favoring motorized transportation at the expense of non-motorized.”
Beyond making it easier for cyclists and pedestrians to get around, the DOTs new $500 billion project is intended to make it safer for them to get around. A report released by Transportation for America and the Surface Transportation Policy Partnership found more than 43,000 pedestrians nationwide have died this decade due to what the authors say are inadequate crosswalks and safety features for pedestrians. Some feel the roads aren’t safe for pedestrians, bicyclists or people with disabilities.
Pedestrians are nearly always awarded the right of way in Colorado unless, for example, leaving the curb or a safe place, entering the path of a moving vehicle and causing immediate danger.
Some of the revised Colorado Statutes on this topic can be found here:
http://www.nmts.org/laws/coloradoBikelaw.html
Seriously injured victims struck by careless drivers through pedestrian injury accidents and bicycle accidents will be held responsible for their actions. Don’t be a victim, take action and contact an experienced Colorado personal injury attorney today!
Tags: accident attorney, bike accdient attorney, bike accidents, colorado bike accidents, pedestrian accdient, pedestrian accident attorney, peronal injury, personal injury attorney, personal injury lawyers
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Friday, May 21st, 2010
All employees have basic rights in the workplace — including the right to privacy, fair compensation, and freedom from employment discrimination. A job applicant also has certain rights even prior to being hired as an employee. Those rights include the right to be free from discrimination based on age, gender, race, national origin, or religion during the hiring process. Some important employee rights include:
The right to a safe work environment, free from undue dangers
The right to a degree of privacy in your personal matters
The right not to be discriminated against on grounds of your age, race, national origin, gender, ethnicity, pregnancy, religion, or disability
The right not to be discriminated against on the basis of marital status, gender identity, sexual orientation and other characteristics
The right to fair pay, meaning at least a minimum wage, plus overtime for any hours worked over 40 hours a week or, in some places, over 8 hours a day
The right to a workplace environment with no harassment
The right to take time from work to tend to your own, or a family member’s, illness
The right to take leave following the birth of a child
If you feel that your workplace rights have been violated, you should take the following steps:
Talk to Your Employer
The first thing that you should do once you believe that your workplace rights have been violated is to talk to your employer about the situation. However, there are still occasions when an employer can be truly antagonistic and uncaring about the rights of workers. Be informed of your rights and stay detached when meeting with your employer.
Keep Track of All Records
Be sure to keep copies of everything for your own records. Take notes of important conversations that you have regarding the situation. Remember to include important details such as the date, time, place and names of people who took part in the conversation. Also, gather any documents that you think may be relevant such as e-mails, employee handbooks, letters, company policy statements and others.
Should I Consult an Attorney?
If you have spoken with your employer and you still feel that nothing has been done to address your workplace rights, it may be time to consider taking legal action. There time limits for taking legal action to protect your workplace rights. An experienced attorney can help navigate the complicated legal issues and deadlines involved. If you’ve been the victim of employment discrimination, consult an attorney to protect your rights and help get you the compensation that you deserve!
For more information about wage discrimination, visit equalpayisthelaw.com
Follow equalpayisthelaw on Twitter!
Tags: employer discrimination, wage discrimination attorneys, work discrimination wage discrimination, workplace discrimination, workplace discrimination attorneys
Posted in Colorado attorney, employee rights, employment discrimination | No Comments »
Friday, January 15th, 2010
When you file an insurance claim with an insurance company in Colorado, that company owes you a duty to act in good faith. This means that the insurance company must not look for ways to escape its obligation to investigate the claim or to pay you. Doing so would constitute bad faith. Bad faith claims and lawsuits may stem from a number of actions or failures to act by insurance companies. Here are some causes for legal action against bad-faith insurance companies:
- Unfair denial of coverage
- Failure to communicate important information to the claimant
- Failure to conduct a reasonable investigation of an insurance claim
- Refusal to pay a claim without investigating
- Failure to deny or pay a claim within a reasonable period of time
- Failure to confirm or deny coverage within a reasonable period of time
- Failure to attempt to come to a fair and reasonable settlement when liability is clear
- Offering substantially less money to settle than the true value of the claim
- Failure to promptly provide a reasonable explanation for denial of a claim
- Failure to enter into any negotiations for settlement of the claim
- Failure to respond to a time-limit demand
- Failure to disclose policy limits
What is Good Faith?
An insurance company has a duty, or legal obligation to its policyholders. A breach of this duty – or bad faith – can occur when an insurance company improperly refuses to defend a lawsuit or improperly refused to pay a judgment or settlement of a covered lawsuit. The duty of good faith means that your insurance company must:
- Adjust your claim (either pay it or deny it) within a reasonable time
- Must cooperate with you regarding the claim (respond to your letters and phone calls)
- Must tell you in writing precisely why it is denying the claim, specifying each contract term or provision upon which it relies
- Must attempt to find a basis to pay the claim rather than find reasons to deny it
- must (as the duty itself states) “play fair” with you
If your insurance company has failed to abide by its duty of good faith, you may be able to take legal action.
Should I Contact an Attorney?
Fighting your insurance company may seem like a David and Goliath scenario. Don’t be afraid to assert your rights. If you suspect that your insurance company has engaged or continues to engage in bad faith practices that have caused you harm, you may be able to take legal action. Insurance companies always have legal representation of their own: law firms that devote all of their time and effort to advancing the interests of insurance companies, so it’s imperative that you get you contact a skilled and aggressive attorney. Don’t take on the insurance company alone! If you have been the victim of bad faith insurance, contact an experienced Colorado attorney today!
Tags: bad faith insurance, bad faith insurance attorney, Colorado attorney, Colorado bad faith insurance, denial of coverage, good faith insurance
Posted in Colorado attorney, Colorado bad faith insurance, bad faith insurance, denial of coverage, good faith | No Comments »
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About Frank D. Azar & Assoc.
From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.
In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.
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