(303) 757 3300 | (303) 757 3206  

Blog Home

More:










Archive for March, 2010

What if a Loved One Has Been the Victim of Wrongful Death in Colorado?

Monday, March 22nd, 2010

The unexpected death of a loved one is a traumatic and terrible event. In addition to personal concerns and grief, there may also be a loss of support or lost income, medical and funeral expenses for the family members of the deceased, and other unforeseen expenses.

A wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or other entity. When this happens, the person’s family may be eligible to take legal action to recover monetary damages from the responsible party. In order to bring a successful wrongful death action, it must be shown that a death has occurred, that negligence or intent to harm was the cause of the death, and that family members are suffering as a result of the death.

Here are some common causes of a wrongful death:

  • Medical malpractice
  • An car, truck, motorcycle, pedestrian, or airplane accident
  • Exposure to hazardous conditions or substances on the job
  • Criminal behavior
  • Death during a supervised activity

Determining Loss
When determining loss, the age, character and condition of the decedent, his or her earning capacity, life expectancy, health and intelligence, as well as the circumstances of the family members to whom the monetary awards will be distributed. Usually, the main consideration in awarding damages is the decedent’s circumstances at the time of death. For example, when an adult wage earner with children dies, the major parts of the recovery are loss of income, and loss of parental guidance. The jury may consider the decedent’s earnings at the time of death, the last known earnings if unemployed, and potential future earnings.

In a wrongful death action, the jury determines the size of the damages award after hearing the evidence. The size of the award may be adjusted upward or downward by the court for a variety of reasons. For example, if the decedent routinely squandered his income, this might reduce the family’s recovery. Similarly, the courts will reduce a jury’s award if the decedent had poor earnings, even though he was young, had great potential, and supported children.

Should I Contact an Attorney?
Given the complexity of the issues involved and the deadlines for filing the lawsuit, you should contact a Colorado attorney experienced in wrongful death cases as soon as possible to discuss your legal rights and your potential case.

For more information about wrongful death and getting help for wrongful death cases, view here.

Have You Been a Victim of Medical Negligence in Colorado?

Monday, March 1st, 2010

Medical negligence occurs when a doctor, dentist, nurse, surgeon or any other medical professional performs their job in a way that deviates from an accepted medical standard of care. Medical negligence is the foundation of a medical malpractice claim. Here are some common types of medical negligence. If you’ve suffered an injury from any of the following kinds of medical negligence, you should contact an Colorado attorney immediately!

Misdiagnosis: One of the most difficult aspects of a doctors job, is taking a set of symptoms and diagnosing the illness or injury causing them. There are many different illnesses that may result in similar symptoms, but require very different treatment. For this reason, it is important that, if a doctor has doubt regarding a diagnosis, further testing should be done.

Failure to Timely Diagnosis: Often an illness or injury becomes increasingly difficult to treat as time goes on. It is therefore important that a doctor diagnose an illness or injury in a timely manner.Surgical Error: Surgical errors are a common form of medical negligence, and usually involve a doctor accidentally cutting or cauterizing an internal organ or tube, which can be defined as a negligent act if careful performance could have prevented it.

Failure to Follow Up with Treatment: This is a broad form of medical negligence that involves a doctor prescribing treatment, then failing to monitor the progress and adjust or cease treatment accordingly.

Failure to Treat in a Timely Manner: Once a doctor makes a diagnosis regarding a patients’ illness or injury, treatment should be administered within a time frame that gives the patient the best possible chance at recovery. If a doctor fails to act quickly enough to treat the patient, then negligence may have occurred.

Anesthesia Errors: Anesthesia errors can lead to severe brain injury, organ failures, and even death.Medication or Prescription Error: Medication and prescription negligence generally occur in one of two ways: 1. A doctor prescribes a patient a drug or medication that causes injury due to a dosage error, misdiagnosis of symptoms or failure to check for allergic reaction, or; 2. A prescription is filled incorrectly by a pharmacist, which can lead to injury to the patient. One case places liability for medical negligence on the prescribing doctor, and the other on the pharmacist.

Should I Contact an Attorney? If you’ve been injured as a result of medical negligence in Colorado, you should contact an experienced personal injury attorney today. Due to the complexity of the issues involved, and the fact that hospitals and health care providers have large legal budgets at their disposal, it is important that you talk to an attorney. An attorney can help protect your rights and get you the maximum compensation for which you’re entitled. Don’t take on the insurance companies alone: contact a Colorado personal injury attorney today.

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.

Please read this disclaimer before using any information on this website.

This website is intended to supply general information to the public. We try to insure the accuracy of all of the content, but cannot and do not guarantee that every item is accurate or up to date. Laws change quickly, so the website user should always do further research to make sure that legal information of any sort is up-to-date and accurate before acting upon it. The information on Franklin D. Azar P.C.'s™ web site is not, and is not intended to be legal advice. The only advice we give you is do not take or omit to take any action based solely on this web site's™ information.

In addition, the legal information provided at this site is general's™ not specific. The website user should never assume that this information applies to his or her specific situation without consulting competent counsel in the state in which he or she is doing business. We will not represent anyone who learns about us through this website in a state where the website fails to comply with all laws and ethical rules. We provide you this information to inform you about legal issues of current interest and about services we offer our clients. We assume no obligation to update the information.

This website is intended to provide useful information. Your visiting our web site does not create an attorney-client relationship. The website user should not consider this information alone to be an invitation for an attorney-client relationship. E-mail communication with an attorney via this website connection does not, in and of itself, establish an attorney-client relationship where none has previously existed. We do not intend any links on our website to be referrals to or endorsements of the linked entities and Franklin D. Azar, P.C. makes no representations of any kind with respect to those other web sites. The use of Internet e-mail to convey confidential or sensitive information is discouraged.