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!

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.

What Should I Do First?

• Seek medical attention if needed.
• Submit a written notice of your injury to your employer. This should be done within 4 days of the initial injury.
• Seek legal advice in the proper jurisdiction for information and to protect your rights.

What if My Injuries Were Not a Result of My Employer?

In Colorado, if you were injured while on the job, you are entitled to benefits no matter the cause. It is a “no-fault” system, where the negligence of a defective product, a co-worker or your employer directly constitutes a request for benefits. For the employer, workers’ compensation is an exchange for not filing a lawsuit directly against them. However, if a third party is involved such as a defective product or co-worker, a civil suit can be filed outside of the workers’ compensation system. Legal advice regarding workers’ compensation and personal injury in Colorado is highly recommended in these and all compensation claims between an employee and employer.

What Doctor Could I See?

By law, the insurance company has to provide at least two options for medical assistance. If they fail to do so, you may choose a doctor of your choice. In most cases, the insurance company will provide a caregiver. Whether you choose one or one is appointed to you, after the claim had been filed, the insurance company can request to reassign a medical provider of their choice at their expense. Do not miss your appointments. Often times, if unforeseen circumstances arise, you will be scheduled a “reschedule appointment,” but it is not a wise choice to exercise this right. Penalties can be involved. Your benefits will most likely be revoked, leaving you responsible for any and all medical bills surrounding your injury.

What if My Employer’s Insurance Company Denies My Claim?

The employer’s insurance company may deny your claim for a number of reasons. If the claims adjuster deems a lack of sufficient information, needing further investigation or determines the injury was not work related, the insurance company will deny your claim. At which point, the insurance company will file a Notice of Contest. You are then held responsible for all of your medical bills evolving from your injury. If you have private insurance and you are eligible for coverage, they may cover a percentage of this burden. After the insurance company denies your claim, you have no choice but to appeal and file for a hearing. Seeking a proper Colorado attorney will help you with this process and the following steps needed to gain the retribution you need.

Why Would I Hire an Attorney?

With changing revisions to Colorado Statutes regarding workers’ compensation claims, the probability of a company’s insurance not awarding the proper benefits or even the employer discriminating after a claim has been filed, you, the injured party, should consult legal counsel for definitive legal advice; one who specializes in personal injury and workers’ compensation in Colorado. The employer’s insurance company will often deny claims, place them in the “under investigation” process or draw the claim out so as to pay very small amounts, hindering the healing process, causing financial loss and improper treatment among others. The insurance company will work hard to not award benefits for job-related injuries.

It is your responsibility to ensure proper benefits are received. Doctors provided by the insurance company may consider the injured party MMI or Maximum Medical Improvement, which means they have determined there is no other medical treatment to improve the present status of the injury. There may still be injury and there may not. Only a specialized Colorado attorney in personal injury can help you determine if the proper treatment is or has been given.

The workers compensation claims process in Colorado can often times be a very long battle. Don’t go it alone. Contact a Colorado attorney that concentrates on workers’ compensation and personal injury cases today to ensure a fair and timely outcome to your particular case.

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!

Below are some links to recent stories about the BP Oil Spill.

Reuters: Obama to Speak Tonight About BP Oil Disaster
CNN: Oil spill will get ‘unprecedented response,’ says Obama
New York Times: Internal Documents Show Risky Decisions Before BP Blowout
Washington Post: Congress Presses BP for an Apology
Fox News: BP Approves Money for Small Businesses
Wall Street Journal: Obama to Call for Broad Energy Action

If you or someone you know has suffered economic and/or personal losses as a result of the recent BP oil spill in the Gulf of Mexico, you may be entitled to additional compensation if you are able to join a successful class action lawsuit against British Petroleum, Halliburton or Transocean. Contact an experienced class action attorney who is prepared to file a legal claim on your behalf, and who has a solid track record of winning large class action judgments in court.

These forthcoming class action lawsuits are also referred to, mostly in legal circles, as mass torts, which are defined as civil lawsuits involving numerous plaintiffs against one or more corporate defendants in state or federal court. As the name implies a mass tort includes many plaintiffs and law firms have often used the mass media to reach possible plaintiffs, including the internet, television and radio. Some of the different kinds of mass torts include mass disaster torts, which is the more relevant reference for the BP oil spill in the Gulf of Mexico as well as mass toxic torts, and product liability torts.

Regardless of the terminology being used to classify the collective actions of victims of the BP oil spill in seeking compensation for their economic and personal losses up and above what is currently being offered through the recently created $20 Billion BP Gulf Oil Spill Fund and the many state and charitable gulf spill relief funds that have cropped up recently, the end result has the same intention, namely that each individual law firm bringing such class action suits on behalf of their clients will seek to get the maximum award possible for their client’s economic losses and personal suffering as a result of the negligent actions of BP, their contractors and perhaps other 3rd party corporations that were involved in some negligent and liable way. Because each firm will litigate their cases differently, and courts will also reach different conclusions about each individual class action case, its important for you to choose the best possible oil spill attorney or law firm who will give you the highest probability of the most favorable outcome (ie: highest monetary award) for your particular case and situation.

In sum, if you or someone you know has suffered economic and/or personal losses as a result of the recent BP oil spill in the Gulf of Mexico, you may be entitled to additional compensation up and above what may or may not already have been offered to you from BP or the recently created Gulf Oil Spill Relief Fund. Contact an experienced class action attorney who is prepared to file a legal claim on your behalf, and who has a solid track record of winning large class action judgments in court – your future depends on it!

According to U.S. government estimates, some 12,000 to 19,000 barrels per day of oil is continually being jettisoned from the deep sea well into the Gulf of Mexico. The National Oceanic and Atmospheric Administration (NOAA) has now closed at 25% of the federal Gulf waters for fishing. After weeks of downplaying the environmental impact of the Deepwater Horizon disaster, Tony Hayward, the chief executive of British Petroleum (BP), recently told a TV channel: “This is clearly an environmental catastrophe. There is no two ways about it,” adding, “It’s clear that we are dealing with a very significant environmental crisis and catastrophe.”

The crude oil, even when in contact with water, stays together as a blob known as ‘mousse’. This blob floats on water and sticks to anything it comes in contact with, and unfortunately many marine animals mistake the mousse for floating food, and become poisoned when they come into contact with it. Chemical dispersants seem like an effective solution to counteract the continuing spread of this ‘sea of mousse’, as these dispersants react with crude oil to extract different chemical components from it, much like a refinery does. These dispersants help the oil droplets disintegrate into smaller droplets for easy decomposition.

In reality, these chemical dispersants are far from a panacea, as an oil spill treated with chemical dispersants poses an even greater ecological threat than the oil spill left alone! These dispersants keep the oil underwater and together have created a deadlier mix than oil and water. In fact, the chemical microbes that ingest oil deplete oxygen from the sea, creating ‘dead zones’ for fish and other marine life, which may lead to the wholesale death or even extinction of marine species in this region.

Public Health, Economic and Environmental Impact of the Gulf Oil Spill

In addition to the thousands of working Americans losing their livelihoods from the closure of fishing grounds, many thousands more will see a long term decline in property values and overall quality of life in and around the Gulf of Mexico, not to mention the thousands and perhaps millions of dead or dying birds, animals and marine life affected by the BP oil spill. The long-term public health impact of this massive oil spill are only beginning to be quantified and assessed but what is indisputable is that prolonged exposure to crude oil and the chemicals being used to “fight” its spread pose a significant danger to public health. This is because the microscopic particles from the crude oil pollute the air, and cause people to become ill with symptoms such as headache, nausea, irritated eyes and even neurological diseases in the long term.

While it is difficult to estimate and quantify the potential economic impact of the Gulf oil spill, an estimated $1 Billion is attributed to fishing in the Gulf of Mexico, and many Billions of dollars more are attributed to tourism on and around the Gulf coast region, especially in Florida. Because the cleanup of the spill is likely to take decades to complete, the overall economic impact on the Gulf coast over the lifetime of the oil’s presence on its beaches, marches, and sea floor where the food chain for marine life in the region begins will surely reach unprecedented totals in the history of man-made environmental disasters. Furthermore, BP and the other companies involved with the spill, Halliburton and Transocean, are not required by US law to pay retribution to people and businesses affected by their actions and neglect.

BP Oil Spill Class Action Lawsuits

According to the Oil Pollution Act of 1990, a $75 million cap is in place which limits the amount of money to be spent by a company that has caused an oil spill on retribution to private parties, a paltry sum in comparison to the actual monetary damages being incurred by residents of this region and in comparison to the profits made by these same companies from just the Deepwater Horizon well alone. If your livelihood, property or health has been affected by the negligence and mismanagement of BP and their subcontractors, you may be entitled to monetary compensation for your loss and suffering. Contact an attorney or law firm who specializes in oil spill class action lawsuits to evaluate your particular circumstances and fight for your rights!

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!

The Lilly Ledbetter Fair Pay Act, which was signed into law on Jan. 29, 2009, restores the protection against pay discrimination that was taken away by the 2007 Supreme Court decision in Ledbetter v. Goodyear Tire & Rubber Co. The Act reinstates prior law and helps to ensure that individuals subjected to unlawful pay discrimination are able to effectively assert their rights under federal anti-discrimination laws.

In Ledbetter v. Goodyear Tire and Rubber Co., the Supreme Court ruled that employees cannot challenge wage discrimination if the employer’s original decision to pay discriminatory wages occurred more than 180 days before, even when the employee continues to receive paychecks that have been discriminatorily reduced.

The Lilly Ledbetter Far Pay Act makes clear that pay discrimination claims on the basis of sex, race, national origin, age, religion and disability can be renewed whenever an employee receives a discriminatory paycheck, as well as when a discriminatory pay decision or practice is adopted. This means that a women who believes that she has been the victim of wage discrimination can take legal action up to 180 days after her last discriminatory paycheck or other discriminatory pay decision.

More on the Lilly Ledbetter Far Pay Act:

New York Times
USA Today
The Washington Post
CNN
CBS News
Time Magazine
The Denver Post

View the text of the Lilly Ledbetter Fair Pay Act at the Library of Congress online.

President Obama signs the Lilly Ledbetter Fair Pay Act in law

If you are a woman in Colorado and have experienced wage discrimination based on your gender, there are options available to you. Equal pay is the law! Learn more at equalpayisthelaw.com

Follow equalpayisthelaw on twitter!

Recently, however, the national outcry against gender-based wage discrimination has grown louder and the movement to end unequal pay for equal work is gaining momentum. In 2009, President Obama signed the Lily Ledbetter Fair Pay Act, which increased the statute of limitations in which women who have been the victims of wage discrimination can take legal action against their employers. This has opened the door for women across the nation to take the enforcement of equal pay for equal work into their own hands.

If you are a woman in Colorado and have experienced wage discrimination based on your gender, there are options available to you.  Learn more at equalpayisthelaw.com.

Here’s what others are saying about equal pay for equal work and wage discrimination:

President Barack Obama
Presidential Proclamation: National Equal Pay Day
“A PROCLAMATION: Throughout our Nation’s history, extraordinary women have broken barriers to achieve their dreams and blazed trails so their daughters would not face similar obstacles. Despite decades of progress, pay inequity still hinders women and their families across our country. National Equal Pay Day symbolizes the day when an average American woman’s earnings finally match what an average American man earned in the past year. Today, we renew our commitment to end wage discrimination and celebrate the strength and vibrancy women add to our economy…” Read More

Senator Chris Dodd
Equal Pay for Equal Work
“…Today is Equal Pay Day, the day until which women have to work to make up the earnings they were shorted in 2009 compared to their male colleagues. Frankly, it’s a little embarrassing that the fight for equal pay continues in the year 2010. It’s hard to find anyone who will say, on the record, that women don’t deserve to earn the same as men…” Read More

Senator Tom Harkin
Women Deserve Equal Pay for Equal Work
“…This is wrong and unjust. But, even more, it threatens the economic security of our families. The fact is millions of Americans are dependent on a woman’s pay-check just to get by, put food on the table, pay for child care, and deal with rising health care bills. Two-thirds of mothers bring home at least a quarter of their family’s earnings. In many families, the woman is the sole breadwinner…” Read More

The New York Times
Happy Equal Pay Day By Nancy Folbre
“…Today is Equal Pay Day, designated every April on a Tuesday as a reminder that Tuesday is the day on which women’s wages catch up to men’s wages from the preceding week. On average, female workers have to put in more than six days of paid work to earn what men earn in five…” Read More

Newsweek
Tracking the Wage Gap By Jessica Bennett and Jesse Ellison
“Equal pay for equal work? Don’t bet on it. President Obama may have made the Lily Ledbetter Fair Pay Act the very first act he signed into law as president, but women still earn just 77 cents on the dollar on average, when compared to men. African-American and Hispanic women earn even less. Yes, the number is an old refrain, repeated so often it has little impact. But in 2010, there’s more reason for everyone—women and men—to care about the persistent pay gap than ever before…” Read More

The Denver Post
Closing the wage gap By Linda A. Meric
“…In Colorado, women’s earnings generally exceed the national average by a penny or so. But this is no great cause for celebration – especially in these tough times when every penny counts. As those lost pennies add up, women and their families are being shortchanged thousands of dollars a year and hundreds of thousands of dollars over a lifetime…” Read More

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