Franklin D. Azar & Associates Blog

Have You Been a Victim of Medical Negligence in Colorado?

2010-03-01T13:55:00.000-08:00

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.

Preserving Evidence of Your Personal Injury

2010-02-25T08:40:00.000-08:00

If you are involved in an accident or injury in Colorado, preserving any physical evidence of the incident and your injuries can support your position in any legal claim you may decide to pursue. It is important to do this as soon as possible after the incident, because circumstances can change quickly: accident scenes can be altered, memory can become unreliable, and evidence can be overlooked or misplaced over time.

Though it may be the last thing on your mind right after a traumatic experience, collecting and preserving evidence of your personal injury could be very beneficial should you decide to pursue legal action. Your attorney will be able to use the evidence you collect to help. If you are unable to collect evidence yourself, ask a friend or a loved one to do so for you! Preserving evidence of your accident or injury is one of the most important things you can do to protect your rights.

The first step to take in protecting evidence of your injury is to make sure that physical items are preserved, including torn clothing, broken equipment, and any documents. Here are some steps to take after some common injuries:

Auto Accidents: After a car accident, take photos of the scene, your injuries, and any property damage. In addition, get copies of all medical records pertaining to your treatment after the accident, keep copies of property damage estimates and repairs records, and obtain a copy of any police report that is made.

Defective Consumer Products: If you are injured by a faulty product, be sure to preserve the product in the same condition that it was in when the incident occurred. Keep all written instructions, warnings, labels, and packaging that accompanied the item. If you can, try to locate the original sales receipt for the item. If you cannot find the receipt in your own personal records, ask the seller if they have a copy.

Medical Malpractice: In a medical malpractice or birth injury case, keep or obtain copies of all medical records that pertain to the medical treatment at issue, as well as those related to any second or third opinions obtained from other health care providers. Also, in cases where a physical injury is visible, be sure to take photos that depict any evidence of potentially improper medical treatment.

Take Pictures! Remember that preserving physical evidence itself may not always be possible in every case involving an accident or injury. In these situations, your best option is to take clear and detailed photographs of the area where the injury occurred, from multiple angles, and ideally under the same conditions.

Should I Contact An Attorney? If you've been injured as the result of someone else's carelessness in Colorado should contact an experienced attorney as soon as possible. An attorney can protect your rights and get you the fair compensation that you deserve. Get treatment for your injuries, collect evidence, take pictures, and contact a Colorado personal injury attorney right away.

Am I Entitled to Monetary Compensation for Accidents and Injuries?

2010-02-16T09:09:00.000-08:00

If you have been the victim of an accident or injury in Colorado, you may be entitled to receive economic recovery from those who are at fault. What you can recover will depend upon the kind of damages you experienced because of the accident or injury -- both during and after the incident.

Here are some types of accidents and injuries for which you may be able to take legal action to monetary compensation for damages in Colorado. Remember that an experienced attorney will explain your options, and will work to ensure that you receive all compensation to which you are entitled.

Disfigurement

Future medical expenses

General damages

Household services

Loss of consortium

Loss of consortium of a child

Loss of enjoyment of life

Loss of society and companionship

wrongful death

Lost earning capacity

Lost wages

Medical expenses

Medical surveillance

Mental anguish

Pain and suffering

Permanent disability

Present cash value

Should I Contact an Attorney?
If you've been the victim of an accident or injury, you should contact a Colorado attorney experienced in personal injury right away. An attorney can identify all of the damages to which you are entitled and maximize the compensation that you receive for your injuries. A personal injury can be devastating. Don't go through the process alone. Contact a Colorado attorney today and get the compensation that you deserve!

Insurance Checklist: Car, Truck, or Motorcycle Accident

2010-01-27T21:23:00.000-08:00

If you've been injured in a car, truck, or motorcycle accident in Colorado, it's important that you maintain close contact with your insurance company and pay close attention to your rights. Don't assume that the insurance companies have your best interests at heart. Here is a list of some basic things that you should do, and some things that you should not do, if you're involved in an auto-injury accident.

Do:

call your insurance agent immediately after an accident takes place
obtain a copy of the police report
take and keep detailed notes of all conversations with insurance company representatives, and get names, phone numbers, and job titles of people you speak with, including their supervisor's name
Read and understand your policy: what are you covered for and what are you not covered for
find out if you might insurance coverage under another insurance policy as well. Many people have more than one policy that might cover a claim. In particular, look at homeowner policies and "umbrella" policies
take pictures of any damage to your vehicle, the accident scene, and your injuries
be honest and forthcoming with your insurer. Failing to be candid with your insurer might invalidate your policy or cause a denial of coverage
keep all receipts of meals, lodging, and purchases made in connection with time spent pursuing your claim or recovering from your injuries from the time of the covered event until final settlement with your insurance company
If necessary, contact an experienced attorney. Insurance companies are interested in their bottom line and will often fight your claim. Don't be a victim!

Don't:

give any recorded or written statements to your insurer until you are sure you understand your coverage. Remember you are not required to allow the insurance company to record your telephone conversation. If you have doubts, consult an attorney
automatically accept the estimate or appraisal of your losses given to you by the insurer. Insurance companies will often try to get you to accept their estimator's or contractor's repair or replacement estimates, which might be lower than what you deserve. If you have doubts, contact an attorney.
sign any releases or waivers until you obtain legal advice. Don't accept a premature, inadequate settlement from your insurer. Consult an attorney before signing a release or waiver. Also, be sure to read the fine print on any payment from the insurance company.
accept any check that says "final payment"
ignore the time limits set by your policy. Most policies require a signed proof of loss within a certain time limit. Be sure you comply with this requirement unless you obtain a written waiver from your insurance company. Many policies allow you only one year from the date of loss in which to bring a legal action if your claim has not been adjusted fairly. If months of gone by and your claim has not been settled yet to your satisfaction, consult an attorney immediately. A failure to do so could result in the loss of your right to sue.
forget that your insurer has a legal obligation to provide the coverage it promised to you. Be insistent about enforcing that obligation, and consult and attorney if necessary.

If you've been injured in a car, truck, or motorcycle accident, you should be aggressive and vigilant in protecting your rights. Don't assume that the insurance companies are looking out for your interests, and don't try to take on the insurance companies by yourself. Contact a Colorado attorney experienced in personal injury and automobile accidents to protect your rights and get you the fair compensation that you deserve!

Good Faith and Bad Faith Insurance: What It Means to You

2010-01-15T15:43:00.000-08:00

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!

Preventing Nursing Home Abuse

2009-12-29T09:41:00.000-08:00

Older people in nursing homes and other care facilities deserve our respect, dignity, and proper care and attention. Unfortunately, sometimes nursing homes fail in their duties and older people are actually physically or psychologically harmed by the negligent or intentional acts of their caregivers. This nursing home abuse can be caused by poorly qualified and inadequately trained staff, staff with a history of violence, inadequate numbers of staff, the isolation of residents, and the reluctance of residents to report abuse out of embarrassment or fear.

Who is Liable for a Nursing Home Injury?
There are many ways in which nursing homes can be held responsible for injuring others as a result of their negligence, abuse, false imprisonment, or violations of criminal statutes, as well as violations of regulations regarding licensing, maintenance, and general operation. An act of abuse, neglect or exploitation of an older person by a nursing home can lead to an investigation and finding by an adult protective services agency, a civil lawsuit, and/or criminal prosecution.

The liability of a nursing home owner or employees can result from:

Negligent personal supervision and care
Negligent hiring and retention of employee
Negligent maintenance of the premises
Negligent selection or maintenance of equipment.

A nursing home can be held liable for negligence if the injured party can prove: 1) that the nursing home's owner or employees breached a duty of care owed to the injured person; 2) that the person's injury was caused by this breach; and, 3) that the nursing home owner's or employee's conduct caused the injury.

Also, a nursing home will generally enter into a contract with a resident, in which it sets out what services it will provide, and the cost of those services. If the perceived abuse or neglect of the nursing home or its employees is contrary to promises made in the contract regarding the care of residents, the nursing home can be sued under a breach of contract theory. Many contracts require only that the home provide such services as are "reasonably necessary" for the resident's well-being, but even under this standard, a nursing home could be found negligent if it failed to meet the basic needs of a resident.

Has a Crime Been Committed?
All residents of nursing homes have the right to to be free from verbal, sexual, physical and mental abuse, and any physical or chemical restraint that is imposed for purposes of discipline or convenience, rather than to treat a medical condition. There are criminal penalties for the abuse, neglect, or other mistreatment of nursing home residents. Failure to provide residents with sufficient food, keep residents clean, or prevent bedsores from occurring, have supported convictions for criminal neglect. In other cases, the unjustified use of physical restraint or force against nursing home residents has resulted in convictions for nursing home abuse. If you believe a crime has been committed involving the care of yourself or a loved one by a nursing home it is important that you report it immediately and contact an experienced attorney.

Should I Contact an Attorney?
If you or a loved one has suffered injury or abuse as a resident of a nursing home, you should speak with an attorney experienced in nursing home and elderly care issues as soon as possible to ensure that your legal rights to compensation are fully assessed and protected, especially in light of time limits for filing a lawsuit for nursing home injuries. No elderly person should be subjected to nursing home abuse. Contact an experienced attorney to protect the rights of yourself or a loved one today.

Who is Liable for a Construction Accident?

2009-12-21T13:28:00.000-08:00

Construction workers must deal with some of the most dangerous working conditions faced by employees in any industry. Construction workers face a variety of hazards, including falls from scaffolds and other elevations, being struck by moving or falling machinery, electrocution, health hazards resulting from exposure to asbestos and chemicals, injuries caused by defective or unsafe equipment, and lifting and repetitive motion injuries. As a result, work-related construction accidents occur very frequently.

Who's Liable for a Construction Accident?
There can be a wide variety of individuals involved at a construction site, including the site's landowner, design and engineering professionals, contractors, construction managers, and equipment and material suppliers. In assessing liability for injuries at a construction site, the main determinations are the extent of a potential party's control over the site on which the work is being done, and the degree of their control over the work itself.

The following people may have varying degrees of control over the construction site and work being done, and thus may be liable in a construction accident.

The owner of the construction site: Issues of landowner liability turn on the degree of his or her control over the premises, as compared to control over the work itself. Depending on the amount of control of the premises that he or she gives over to an independent contractor, the landowner may not be considered the legal possessor of the land for the duration of the construction project. The owner or possessor of the land on which a construction project is being performed is liable for any injury to individuals involved in the project, caused by a potentially harmful condition on the land that the owner knew or should reasonably have known of. This duty does not extend to potentially dangerous conditions that should be obvious.
Contractors: Both the general contractor and the sub-contractor must provide a construction site that is reasonably safe, and they have a legal duty to warn of any defects or hazards at the site, as well as any hazards inherent in the work being performed. A general or sub-contractor has an obligation to make sure that, to the extent they have been delegated control over a portion of the work being performed at a construction site, that work is being performed safely. This obligation extends to the hiring of reasonably competent employees, and ensuring compliance with safety regulations.
Manufacturers of Construction Machinery or Equipment: Manufacturers of defective construction machinery or equipment can be held responsible for the design and manufacture of that equipment.
Insurers: In the case of some large construction projects, the parties involved will be required to carry significant insurance coverage. The insurance coverage of each respective party involved in a construction project, and the extent of that coverage, are important issues when assessing legal responsibility for a construction injury.

Getting Help for a Construction Accident Injury

If you have been injured as a result of an accident at a construction site, there are a number of things you can do to protect yourself and your legal rights:

Get medical attention for your injuries.
Report the injury to your employer or construction site manager, and write down the name and position of the person notified.
Get the names and contact information of anyone who may have witnessed the accident.
Try to preserve any evidence related to your injury, by taking photographs of the area where you were injured (and the injuries themselves), or keeping the equipment or tool that was involved in your injury.

In light of complex liability issues, the legal deadlines for filing causes of action for injury, and the need to conduct a thorough site investigation as soon after the injury as possible, meeting with a Colorado attorney experienced in personal injury and construction sooner rather than later. Don't take on your employer and their insurance company alone! Contact a Colorado personal injury attorney today to protect your rights and get you the fair compensation that you deserve!

Colorado Worker's Compensation: Your Employer's Responsibilities

2009-12-04T13:45:00.000-08:00

In Colorado, employers are required to purchase insurance for their employees from a workers' compensation insurance carrier. When a worker is injured, his or her claim is filed with the insurance company, or self-insuring employer, who pays medical and disability benefits according to a state-approved formula.

What if my Employer Fails to Provide Worker's Compensation?
In Colorado, employers without workers' compensation insurance are subject to fines, criminal prosecution, and civil liability.

Some penalties include:

Fines
Prosecution in criminal courts
Personal liability of the employer for any workers' compensation benefits due injured workers
Employees can take legal action in civil court to recover damages for their injuries from their employer

Your Employer's Responsibilities
In addition to providing worker's compensation coverage, your employer is also responsible for the following:

Posting a notice of compliance with workers' compensation laws in a conspicuous place at each job site.
Providing immediate emergency medical treatment for employees who sustain on-the-job injuries.
Providing further medical attention if an injured worker is unable to select a doctor or advises the employer in writing of his or her desire not to do so.
Completing a report of the injury and mailing it to the nearest workers' compensation board office. A copy of the report should also be mailed to the employer's insurance company. An employer who refuses or neglects to make an injury report may be guilty of a misdemeanor, punishable by a fine.
Making a written report of every accident resulting in personal injury that causes a loss of time from regular duties beyond the working day on which the accident occurred, or that requires medical treatment beyond first aid.
Complying with all requests for further information regarding injured workers by the workers' compensation board or the insurance company, such as statements of the employee's earnings before and after the accident, reports of the date of the employee's return to work, or other reports that may be required to determine the employee's work status following the injury.

Employer's Duty Not to Retaliate
Although workers' compensation laws provide remedies to injured employees, they also protect employers, since they are designed to be the only remedy that injured employees may seek from their employers. Some employers, however, appear to frown on employees who file workers' compensation benefit claims, and some blatantly discriminate against such employees. Colorado law prohibits employers from discriminating against, harassing, or unjustly firing injured employees. If you're employer has discriminated against or unjustly terminated your employment as a result of your workers' compensation claim, you should contact a Colorado attorney immediately.

Should I Hire an Attorney?
Because of the complexity of the issues involved, the likelihood that your employer and his insurance company will do everything they can to keep you from getting compensation for your injuries, and because legal action in a civil court is often the only recourse against employers who fail to comply with Colorado workers' compensation laws or discriminate against employees who file workers' compensation claims, you should contact a Colorado attorney experienced in workers' compensation and personal injury today. Don't take on the insurance companies on your own! Consult a Colorado attorney today to get the fair compensation that you deserve.

Workers' Compensation in Colorado: Frequently Asked Questions

2009-11-05T09:17:00.000-08:00

What is Worker's Compensation?
Workers' compensation is a state-mandated program that provides compensation to employees who suffer injuries and illnesses on the job. It acts a safety net for employees. In Colorado, businesses must have workers' compensation insurance to cover employee injuries. Workers' compensation laws are designed to ensure that employees who are injured on the job receive fixed monetary compensation, without having to litigate their claims against their employers. Thus, filing a workers' compensation claim is similar to filing an insurance claim; it isn't a lawsuit against an employer, but rather a request for benefits.

Does it Matter who is at Fault in a Colorado Worker's Compensation Claim?
Workers' compensation is a no-fault system, where an injured worker's own negligence, or the negligence of his or her employer or co-workers, is not at issue. Instead, the employee is covered for all work related injuries, regardless of who was responsible for the injury. The employer's workers compensation insurance simply compensates the employee for his or her workman's comp claim. This also means that the employee is generally not eligible to take legal action against his or her employer for injuries sustained on the job. In Colorado, workers' compensation is considered a substitute for a lawsuit against an employer. In exchange for not suing the employer in court, an employee who is injured at work is entitled to workers' compensation benefits

Many workers' compensation claimants are still eligible to take legal action if their injuries were caused by some one other than their employer. For instance, employees injured by a defective product or equipment while on the job can take legal action against the manufacturer of the product or piece of equipment. This action takes place within the civil court system, rather than through the worker's compensation system.

However: if a claimant for worker's compensation does win monetary compensation in a civil court from a third party, the claimant's employer and his employer's insurance company are eligible to recover some or all of any worker's compensation paid to the claimant.

What Types of Injuries are Covered by Worker's Compensation in Colorado?
Here are some types of injuries covered by worker's compensation:

Pre-existing conditions that the workplace accelerates or aggravates.
Diseases contracted by exposure to toxins at work as a result of normal working conditions.
Injuries resulting from mental and physical strain brought on by increased work duties or work-related stress.
Injuries caused during breaks, lunch hours, and work-sponsored activities, and at-work injuries caused by company facilities.

Some types of injuries may not be covered by workers' compensation, such as injuries that result from horseplay, intoxication, or are deliberately caused by the employee.

Should I Hire an Attorney?
Due to the rigid procedural requirements of filing a worker's compensation claim and the probability that your employer's insurance company will not pay the benefits they owe you, you should contact a Colorado attorney experienced in personal injury and workers' compensation if you are injured at work in Colorado. Additionally, if you are unhappy with the decision in a hearing that was held to determine some aspect of your workers' compensation claim, procedures exist for you to appeal the unfavorable result. An attorney can navigate you through this process and get you the compensation and treatment that you deserve. Don't take on the insurance companies alone: contact a Colorado attorney experienced in worker's compensation today.

For further information concerning worker's compensation in Colorado, click here to visit the worker's compensation section of the Colorado Department of Labor.

What is Negligence?

2009-10-23T09:10:00.000-07:00

Negligence is a critical component of a personal injury lawsuit. In order for the plaintiff to receive compensation for damages, the plaintiff and his or her attorney must establish negligence on the part of the defendant. Therefore, a basic understanding of the concept of negligence is important to anyone who has sustained a personal injury as a result of an auto accident, pedestrian accident, workplace accident, slip-and-fall accident, medical malpractice, or other accident.

In a personal injury lawsuit, a person or business can be held liable for injuries sustained by the plaintiff under the legal concept of negligence. Negligence is any "conduct that falls below the standard established by law for the protection of others against unreasonable risk of harm." The law requires that people and businesses conduct themselves in a manner that conforms to a reasonable standard of conduct. When this standard of care is violated, the law requires that the person or business compensate a person who is injured as a result.

There are four components to negligence:

There was a duty of care owed to the defendant.
There was a breach of that duty.
The breach of this duty of care was the cause of the defendant's accident.
The defendant suffered damages as the result of his or her accident.

Additionally, some professions and institutions, such as doctors and hospitals, are legally required to uphold a standard of care accepted by their practice or industry. If they fail to uphold this standard of care they may be liable for malpractice, which is based on the concept of negligence.

Who is at Fault?
In order for negligence to be established, the defendant and his or her attorney must establish each of the four elements. Negligence cases often revolve around whether or not there was a breach of duty, whether or not the breach was the cause of the defendant's injuries, and to what extent the defendant suffered damages. Therefore, if you suffer a personal injury it's very important that you preserve and keep track of any documents relevant to your case, including medical bills and records, documents from insurance companies, any document you receive from the plaintiff, police reports, records of lost pay and other expenses. Your Colorado personal injury attorney can use these documents to prove the damages component of your case and maximize your compensation.

In many personal injury cases, fault does not solely lie with one defendant. For instance, if you are injured as the result of a motorcycle accident, the truck driver who struck your motorcycle may be held partially liable, and the trucking company that employs the driver and the manufacturer of the flammable material that spilled out of the truck and burned you may also be partially liable. It's very important that you and your attorney identify all possible defendants in your case to maximize your compensation. Also: you may be partially at fault under the concept of contributory negligence if you failed to wear a helmet or failed to obey traffic rules. Contributory negligence means that any compensation from the defendant(s) can be limited to the extent that you are found partially responsible for your own injuries.

Should I Hire a Colorado Personal Injury Attorney?
Because a negligence case can involve multiple and complex issues, a number of different defendants, and insurance companies with a strong interest in fighting your case and virtually unlimited resources at their disposal, if you've suffered an injury as the result of someone else's carelessness you should contact an experienced Colorado attorney specializing in personal injury today. An attorney can wade through the complex issues involved, can help identify all possible defendants, can fight the insurance companies who want to pin the blame on you, and can get you the compensation that you deserve.

Frequently Asked Questions: Colorado Class Action Lawsuits

2009-10-21T09:35:00.000-07:00

What is a Class Action Lawsuit?
A class action lawsuit is one in which a group of people with the same or similar injuries sues a defendant as a group. Each group member is then eligible to receive a portion of the total compensation (if any) from the outcome of the case. This has several advantages to group members. A class action allows for legal action that might otherwise be impractical for individuals to undertake themselves. Class action participants often suffer injuries that may not be severe or expensive enough to justify the cost of taking legal action individually. As a group, or class, however, class members can consolidate and share attorneys, evidence, witnesses, and other associated costs, making pursuing class action worthwhile.

What Types of Cases Can Become Class Actions?
There are many different kinds of class actions lawsuits. A class may consist of people injured by a bad drug, a defective consumer product, including defective automobiles and defective medical devices, consumer fraud, corporate misconduct, consumer fraud, securities fraud, employment practices including racial discrimination, or people injured by a massive accident such as a chemical spill or an airplane crash.

What are the Advantages of a Class Action?
A class action lawsuit brings together and disposes of thousands of claims at one time that are impractical to litigate individually. A judge will make a decision with regard to the entire group. If the class of plaintiffs wins, the court finds the defendant liable for the plaintiffs' injuries, and the amount of recovery is later divided among the plaintiffs.

Because it consolidates individual claims, the class action format lowers the frequently-high cost of litigation. Also, class actions are usually brought by attorneys who are particularly trained and experienced in litigating and managing complicated lawsuits. Class actions require much more work than the typical civil lawsuit, and class action attorneys know how to represent the plaintiffs in the class action.

Can I Join a Class Action?
Every person who would be affected by a court's decision in a class action is entitled to notice that the action has started. Although it typically isn't possible to give every individual personal notice, all persons who might be affected are entitled to the best notice possible. The court will order that the class representative, through his or her attorneys, make reasonable attempts to notify any unknown class members by media such as television, an advertisement in a magazine or newspaper, or a posted flyer. If you are notified of a class action you will have the opportunity to join in the action, or "opt in," or decide not participate as a member of the class: to "opt out."

If you have been injured by a product or person in Colorado and you think that there are others in your situation, you should seek legal counsel from a Colorado attorney experienced in representing class action lawsuits. An experienced Colorado class action attorney can help you navigate through the complex legal issues involved in setting up a class action, help connect you with other potential defendants, see the case through to the end and get you and others like you the compensation that you deserve.

What if I'm Injured in a Pedestrian Accident in Colorado?

2009-10-16T11:30:00.000-07:00

Every year, thousands of people die in pedestrian accidents, and tens of thousands are injured. Pedestrian accidents can be accidents in which a pedestrian is killed or injured by a vehicle or non-vehicular: the result of poor property maintenance, sidewalk or parking lot defects, or construction or other debris. Pedestrians injured as a result of someone else's negligence may be entitled to recover damages for their injuries.

Negligence means the failure to do (or not do) something that a reasonable person in similar circumstances would have done to protect others from foreseeable risks. In a pedestrian accident, the pedestrian and his attorney must prove that: 1) the defendant owed the pedestrian a legal duty, either not to strike him with his car or to exercise a reasonable standard of care in maintaining his property; 2) the defendant breached that legal duty; 3) This breach of duty was the cause an accident involving the plaintiff; and 4) that the plaintiff suffered substantial injuries as a result of the accident.

When a person is injured in a pedestrian accident, there may be more than one party that can be held liable, including the driver of a vehicle, a commercial trucking company, the owner or party responsible for maintain a sidewalk, parking lot, or roadway, or the pedestrian him or herself. An Colorado attorney experienced in pedestrian accidents and personal injury can help sort through these issues and identify all possible defendants.

Colorado Pedestrian - Auto Accidents
The outcome of an accident involving a pedestrian and an automobile depends on the duty of care owed by each party involved. Both drivers and pedestrians must adhere to the rules of the road and exercise reasonable care. If a pedestrian has engaged in careless behavior such as darting in front of a vehicle, jaywalking, or ignoring a "Don't Walk" sign, it can prevent the pedestrian from collecting all or part of the compensation otherwise entitled him. Contributory negligence may be assessed against the pedestrian for contributing or causing his or her own injury.

Driver's are expected to exercise "reasonable care under the circumstances." A failure to use reasonable care is considered negligence. Some common causes of driver negligence include:

Not obeying the speed limit
Not obeying other traffic signs and signals
Not stopping for pedestrians at cross walks
The driver is not paying attention or is preoccupied
Not paying attention to weather or traffic conditions
Failure to signal while turning
Driving while under the influence of drugs or alcohol

In addition to his or her normal duty of care to any pedestrian, a driver owes a special duty of care to children. Children represent the greatest risk of being hit by a motor vehicle, and their very presence is a warning to the driver to exercise greater care. This is especially true when a driver is driving through a school zone, near a park, or through a residential area where children are known to play.

Non Vehicular-Pedestrian Accidents in Colorado
In Colorado, those in control of land, including public land, have a duty of care to maintain their property and warn people of hazards on them. In order to prove the legal liability of a property owner, or premise liability, a plaintiff and his attorney must show that that there was a dangerous condition on the property and that the owner knew about the dangerous condition. A dangerous condition exists when something on the property presents an unreasonable risk to people on it, and the risk is not an obvious one.

Should I Hire a Colorado Personal Injury Attorney?
If you're injured in a pedestrian accident, those legally responsible for your injuries might try to claim that you were negligent and were the cause of your own injuries. Call the police immediately, don't leave the scene of the accident before help arrives, gather the names and phone numbers of any witnesses, do not make any statements to anyone, and contact a Colorado attorney experienced in pedestrian accidents and personal injury. An attorney can sift through the facts of the case, protect your rights, and get you the compensation that you deserve.

What You Should Know and Do if Involved in a Colorado Motorcycle Accident

2009-10-14T13:12:00.000-07:00

Statistics show that motorcyclists are about 26 times more likely to die in auto injury accident, and 5 times more likely to be seriously injured. Motorcycles lack crashworthiness and substantial barriers for occupant protection, and are much lighter and much less stable than a typical automobile. Due to the much greater potential for death or serious injury associated with a motorcycle accident, motorcycle riders must be more protective of their own safety and more aware of their legal rights and options than other motorists.

How are Motorcycle Accidents Different?
In addition to the much greater potential for serious injury and death, motorcycle accidents present special problems and considerations not typically associated with normal car accidents. Some of the unique problems faced by motorcycles on the road include:

Visual Recognition Problems. Motorcycles are more difficult to see than other vehicles, especially at intersections, where most visual recognition accidents occur.
Road Hazards. Road hazards that are small and unimportant to other vehicles, such as potholes, oil slicks, debris, uneven pavement, and railroad tracks can be major hazards for motorcyclists.
"Wobble" Accidents. The front end of a motorcycle may become unstable and shake or "wobble," especially at high speeds, which can lead to an accident. This happens when the front and back tires aren't properly aligned. If this happens the manufacturer of the motorcycle may be liable. Contact an attorney experienced in motorcycle accidents and personal injury.
Riding Skill Problems. Driving a motorcycle requires more coordination and skill than driving a car. Some accidents can be caused in part by the rider's lack of basic riding skills or failure to understand his or her own limitations

Colorado Motorcycle Helmet Laws
In Colorado, helmets are required by law for all motorcycle drivers and passengers under the age of 17. However, failure to wear a helmet can significantly reduce the amount that a motorcycle accident victim can recover in damages based the motorcyclist's contributory negligence, if it can be shown that the absence of a helmet contributed to the victim's injuries.

A helmet is by far the most important piece of equipment that a motorcyclist can wear. A helmetless rider is several times as likely to suffer a brain injury or die from trauma sustained to the head as a result of a motorcycle accident than riders who do wear helmets.

Defective Motorcycle Design or Manufacture
Although several factors can contribute to a motorcycle accident, a defect in a motorcycle's design or manufacture should be considered as a potential cause of an accident, especially one where only the motorcycle rider is involved. In some cases, the manufacturer may be held liable and pay damages for a defect in the design or construction of the motorcycle. An experienced attorney can help sift through these issues and determine whether or not a manufacturer could be liable.

Should I Hire a Colorado Motorcycle Attorney?
If you or a loved one have been injured in a motorcycle accident, the most important step in protecting your legal rights is to contact an experienced and skilled attorney. Issues with your potential claim, including compliance with traffic laws, motor vehicle regulations, medical treatment issues, and liability determinations, all require the expertise of an attorney who is experienced in the area of motorcycle accident liability and personal injury. If you or a loved one has been injured in a motorcycle accident in Colorado, contact a Colorado attorney experienced in personal injury and motorcycle accidents today to protect your rights and get you the compensation that you deserve.

Commercial Truck Accidents: What you Need to Know

2009-10-08T11:59:00.000-07:00

An automobile accident involving a commercial truck, such an 18-wheeler, and a passenger vehicle can be much, much worse than a typical auto accident. A fully loaded semi truck can weigh 80,000 lbs. The average passenger vehicle weighs about 3,000 pounds. The basic laws of physics say that an accident between two vehicles with such a tremendous size disparity is going result in more serious and fatal injuries. The danger from the size disparity in commercial truck accidents can be compounded by the kind of cargo the truck is carrying. Some commercial trucks carry flammable or otherwise dangerous materials that can cause secondary injuries. If you've been injured in a commercial truck accident in Colorado you may be entitled to compensation for your injuries.

How is a Truck Accident Different?
In addition to the much greater potential for serious injury and death as the result of a commercial truck accident, there are a number of special considerations that you and your auto injury attorney may need to take into account. A large commercial vehicle such as an 18-wheeler is prone to special types of accidents, such as jackknifing. The fact that a truck jackknifes, however, is not in itself proof of operator negligence, because there are many present in which there is no way to avoid jackknifing without risking some other form of catastrophe. Also, large commercial trucks make wide turns and can sometimes hit other drivers or parked cars. It's not always clear, however, what constitutes negligence in these situations. An attorney experienced in auto and truck accidents can navigate through these issues.

Additionally, commercial truck accidents may have more potential defendants than a normal auto injury case. In addition to the truck driver, trucking companies, contractors, employers, insurance companies, and in some cases the manufacturer of hazardous materials carried by the truck may also be liable. Liability, however, can be very complicated in these cases and dependent on a large number of variables. It's important that you and your attorney identify as many potential defendants as possible.

As in any auto accident, it's important to take the necessary steps to first protect you or your loved one's heath and safety, and then to protect your right to fair compensation for your injuries. Move clear of debris and potentially hazardous materials, and seek medical attention immediately. Then act to protect your rights. Keep track of any police reports, medical bills and expenses, lost wages, and any other documents relevant to your case so that you can give them to your attorney, and contact a Colorado attorney experienced in personal and auto injury to get you the compensation that you deserve.

What if I've been Injured by Medical Malpractice?

2009-10-08T08:36:00.000-07:00

Medical malpractice occurs when a health care provider, typically a doctor, a hospital, or a pharmacist deviates, by act or omission, from accepted standards of care in the medical field, and it results in the injury or death of a patient. In Colorado, an injured patient is eligible to receive compensation if he can establish negligence on the part the health care provider.

In order to establish negligence, the patient (and his personal injury attorney) must show four things. First, that the health care provider had a duty of care, or legal obligation to the patient. Second, that there was a breach of the duty of care: if the health care provider failed to meet the relevant standard of care established by the medical field. Third, that the patient suffered real injuries. Fourth, that this failure to meet an acceptable standard of care was the cause of the patient's injuries.

If you've been injured as a result of the actions of a doctor, nurse, hospital, a pharmaceutical company, a medical device manufacturer, or other health care provider, your personal injury attorney will need to know as much as possible about what happened to you and why. Here are some documents that you can obtain for your attorney that will help him or her prove your case and get you the best possible outcome.

Your Medical Records. If you can't obtain your medical records, give your attorney the names and addresses of the health care providers you've seen. Your attorney will then be able to obtain copies of your medical records on your behalf.
Your Mental Heath Records. If you've been treated by mental health professionals such as psychologists, psychiatrists, or psychotherapists, your attorney will need to review those records whether or not you claim that the need for the treatment was related to your illness or medical condition.
Your Insurance Information.
Your Prescription Information. Be sure to provide your attorney with the names of all prescription medications that you've taken, including the dosage.
Your Medical Bills and Invoices.
Evidence of Lost Wages. Wage records and pay stubs from before and after you were injured. If you cannot locate these, your attorney can request them from your employer.
Any Document You have Received from the Defendant.

Should I Hire an Attorney?
Due to the complexity of the issues involved and experience and resources at the disposal of most health care providers and their insurance companies, you should contact an experienced Colorado personal injury attorney immediately if you've been injured as a result of medical malpractice. The insurance companies for the hospitals and drug companies will do everything they can to fight your claim and keep you from getting compensation for your injuries. Don't take on the insurance companies alone: call a Colorado personal injury attorney today and get the compensation that you deserve.

Checklist: What Damages have You Suffered as a Result of Your Personal Injury?

2009-10-01T09:12:00.000-07:00

If you've suffered a personal injury, you know that the impact on you and your family can be far-reaching and devastating. Medical bills, loss of wages, pain and suffering, permanent disabilities and disfigurement, and emotional damages are only a few of the ways an injury can affect your life. However, many people are unaware of the extent of the damages that they are eligible to recover when they have suffered a personal injury.

If you've been injured in a car accident, motorcycle accident, truck accident, bicycle accident, accident at work, slip-and-fall accident, as a result of medical malpractice, or from a defective and dangerous product, you're entitled to compensation for the damages you've received. Your personal injury attorney needs to be aware of all of these damages in order to protect your rights and get you the compensation that you deserve. Here's a checklist of some damages that you may have suffered as a result of your injury.

Out of Pocket Expenses

Hospital Bills, Ambulance Bills, Doctors' Bills, Private Nurse, Drugs/Medications/Medical Supplies, Wheelchairs, Walkers, Handicapped-Accessible Vehicles, Future Medical Expenses, Travel/Hotels, Household Help, Lost Wages, Future Lost Wages, Loss of Earning Capacity, Special Training/Therapy, Property Damage.
Total Out of Pocket Expenses: $________

Damages from Physical Injury

Pain and Suffering, Future Pain and Suffering, Total Disability, Partial Disability, Future Disability, Loss of Enjoyment of Life, Lost Limbs, Lost Organs, Back/Neck Injury, Head Injury/Brain Damage, Other Injuries.
On a scale of 1-10, rate the severity of each of the damages from physical injury that you have suffered.

How your life has changed

Visible Injuries and Scars, Emotional Distress (Anxiety, Sadness, Humiliation, Anger, Fear, Frustration), Inability to do Chores or other Household Tasks, Inability to Participate in Physical Activities and Hobbies (Sports, Gardening, Playing with the Kids, Music, Cooking), Social Activities, Inability to Help Others Around You, Inability to Attend Religious Services, Future Plans Altered or Abandoned, Changes in Day-to-day Life or Routine.
List all of the ways in which your life has changed as a result of your personal injury. Be as detailed as possible.

If you've been hurt at work, in an auto accident, as a result of medical malpractice, from a defective product, or from another type of accident in Colorado contact an experienced Colorado personal injury attorney right away. Don't take on the lawyers and insurance companies by yourself. An attorney knows how to protect your rights and get you the compensation that you deserve.

What is Product Liability?

2009-09-24T10:49:00.000-07:00

Product Liability is the legal responsibility of product manufacturers, distributors, retailers and others who make defective products to compensate for any damages that they have caused. If one of these defective products results in a personal injury or causes other damages to a consumer, the consumer (or consumers working together in a class action law suit) are eligible for recovery from the manufacturer or others.

There are three main types of product liability claims.

Manufacturing Defects -- A manufacturing defect is a product defect that occurs in the manufacturing process. It typically involves poor-quality materials or bad workmanship. For instance: if a vehicle's frame was improperly welded or bolted to the body of the vehicle resulting in a car accident, it would be an instance of a manufacturing defect.
Design Defects -- A design defect is a product defect that occurs as a result of bad design and planning. They occur when a product is inherently dangerous or useless even though it may have been put together according to the designer's specifications. For instance: if a vehicle's fuel tank is designed in such a way that it explodes at a low speed collision it would be a design defect.
Failure to Warn Defects -- Failure to warn defects, or marketing defects, occur when a product contains non-obvious dangers that the consumer should have been warned about, regardless of how well the product is manufactured and designed. Potentially dangerous products should carry warning labels that explain how they should be used, under what circumstances they are likely to cause harm, and what steps should be taken in an emergency involving the product. For example: if a drug company fails to include a warning about a possible side effect and it causes harm to consumers, it would be a failure to warn defect.

What if I'm injured by a Defective Product?
Under Colorado product liability law, you have the right to have your case heard by a jury and recover damages for pain and suffering, disability, lost wages, and disfigurement, as well as future damages.

If you're injured as the result of a defective product, one of the most important things that your lawyer needs to know is when you were injured. This is because Colorado has statutes that prevent you from making any recovery if too much time has passed from the date of your injury to the date of recovery. If you've been injured by a defective product make a note of what injuries and symptoms you experienced and when. Be as precise as possible.

Also: make sure you keep the defective product after your accident and do not alter or damage it in any way. Get it to an experienced product liability attorney immediately so that he can preserve the product and have it analyzed by an expert. If a defective product is not properly preserved, it can destroy a person's right to compensation.

Should I Hire an Attorney?
Product liability law is complex and can be difficult to navigate without the help of an experienced attorney. Moreover, defendants in product liability cases are often wealthy manufacturers with practically unlimited budgets and a strong interest in protecting their product. An attorney experienced in product liability and personal injury can help protect your rights and help get you the compensation that you deserve.

Workplace Injuries in Colorado: What You Need to Know.

2009-09-17T13:27:00.000-07:00

If you are a Colorado resident and were injured on the job, there are a few important things to do as you begin the recovery process. The following is a brief summary of the initial steps you need to take, in addition to some answers to the more commonly asked workplace injury questions.

If you get hurt on the job, you should take the following steps immediately:

1) Get first aid and seek medical attention if necessary.
2) Provide written notice of your injury to your employer. You must do this with in four days of being injured. Your employer's insurance company then has 20 days to decide whether or not to admit your claim for worker's compensation.

Your employer must provide you with the names of two doctors to see about your injury. If your employer fails to do so, there are remedies an attorney can pursue. You may request a different doctor within 90 days after your injury. If you are approaching 90 days it's critical that you contact an attorney to see if you have other options.

Click Here to see the Colorado Department of Labor and Employment's Division of Workers Compensation's rules and procedures for filing a workers compensation claim.

Q: Why can't I choose my own doctor?
A: Your employer's insurance company doesn't want you or your attorney picking a doctor for your treatment. They want to keep control of the choice of physicians. By offering treatment they can still deny your claim for workman's comp, or say that it's "under investigation."

Your employer is obligated to provide you with options for your treatment if you're injured on the job. An attorney can tell if the doctor your employer's insurance company has chosen for you is giving you proper care, or if they're simply trying to get your worker's compensation claim concluded as quickly as possible. An attorney knows how and when to get another physician involved if it becomes necessary.

Q: What is MMI?
A: MMI stands for Maximum Medical Improvement. It generally means that the authorized treating doctor has determined that there is no further treatment that can make you any better. This doesn't mean that you have completely recovered from your injury, although you may have done so. You could still be in need of treatment or medication and be considered at MMI.

When your doctor determines that you have reached MMI he will notify your employer's insurance carrier, who is now no longer obligated to pay you temporary total disability (TTD). He will also determine if you have a permanent disability (PPD).

Q: If I'm injured at work, do I need an attorney?
A: Your employer's insurance company does not want you to hire an attorney. They know that cases where the claimant for worker's compensation has an attorney cost them more than cases where the claimant doesn't have an attorney. An attorney experienced in worker's compensation claims knows when the insurance company is not paying the benefits they owe you and knows when and how to ask for them. They know how to proceed when the insurance company gives you a doctor that is not giving you the treatment you're entitled to, or how to proceed when your case is close to reaching MMI. An experienced attorney knows how to protect your rights

Remember, your employer's insurance company will work hard to pay the least benefits possible, so it's important that you do everything you can to protect your rights. Contact an experienced personal injury attorney - don't take on the insurance companies by yourself!

If you are injured, what Information will your personal injury attorney need?

2009-09-17T12:28:00.000-07:00

If you've suffered an injury in a car, motorcycle, bike or pedestrian accident or were injured at work, obtaining legal representation is very important due to the complexity of the issues involved, the likelihood that the responsible party will refuse to accept liability, and the difficulties in obtaining medical care before legal liability has been established against the responsible party.

What are some of the more typical kinds of accidents in a Colorado personal injury case?

Slip-and-Fall Accidents. Accidents arising from dangerous conditions on real property, when the landowner knew about the problem and failed to address them, the landowner can be held liable under Colorado law.
Defective and Dangerous Products. A manufacturer or seller of a product can be held liable in Colorado for negligence in creating an unreasonable risk of harm to consumers, an inherently and unreasonably dangerous or defective product, or breach of express or implied warranties for the product.
Malpractice of Doctors, Pharmacists, or other Health Care Providers. If the health care professional's conduct fell below the standard of care expected for the profession, which resulted in an injury or the professional did not obtain the patient's consent or informed consent before providing treatment resulting in damages they can be held liable under Colorado law.
Bites by Dogs or Other Domestic Animals. A person injured by an animal in Colorado may recover from the owner of the animal by proving that the owner knew of the particular animal's or the general breed's habits and tendencies which are likely to cause human injury, and failed to exercise reasonable care to prevent those injures.
Car Accidents. In 2004 there were nearly 250,000 motor vehicle accidents in Colorado with one-fourth of them resulting in fatalities or injuries. This includes motorcycle accidents, truck accidents, bike accidents, bus accidents, and pedestrian accidents. If you've been injured in an automobile accident contact a personal injury attorney today!
Injuries at Work. A person hurt while on the job is eligible for medical benefits and worker's compensation. If you're injured at work you must act quickly to protect your rights. Consult an experienced personal injury attorney right away.

Here is a list of important documents and other information to obtain and save for your personal injury attorney to increase the chances of obtaining the best possible outcome in your particular case.

Documents

Copies of any written statements.
The accident report.
Your auto insurance policy, along with your coverage certificate, if you were injured in an automobile accident.
Your medical or disability insurance policy.
Other insurances policies, including homeowners or renters insurance, hospitalization, or veterans insurance.
All correspondence you have received from any insurance company.
Any medical bills.
Any receipts for things you've had to buy or had to fix because of your personal injury.

Other Information

The name and address of the ambulance service used, if any.
The name and address of the emergency room where you were initially taken.
The dates you were admitted and released from the emergency room and the hospital.
The names and business addresses of all doctors who treated you.
The names and business addresses of all chiropractors you have consulted.
Names of all people involved in the accident.
Names and addresses of all witnesses to the accident.
Dates and time you have missed work because of the accident.
A list of people you have talked to about the accident or your injury.
The names and telephone numbers of each insurance adjuster you have talked to.

**Remember that claims for personal injury can come from other situations and incidents than just car accidents and work-related injuries. If you were injured in one of the above types of accidents in Colorado, contact a Colorado personal injury attorney as soon as possible - don't take on the insurance companies and their attorneys without the help of an experienced personal injury attorney!**

What to do if involved in a car, bike, motorcycle, bus or truck accident: a step-by-step guide

2009-04-16T13:31:00.000-07:00

Colorado state law requires that ALL motor vehicle accidents be reported immediately to the proper law enforcement authorities (42-4-1606 CRS). A traffic accident is defined as unintentional damage or injury caused by the movement of a vehicle or its load.

What to do if you're in an auto accident:

1. move the accident out of traffic
2. keep others safe
3. get the insurance information, license plate & name of the other parties involved in the accident
4. call the police to report the accident
5. take pictures of the vehicles involved
6. Check with your insurance company regarding the coverage of your policy

Call an attorney specializing in personal injury after an auto accident if...

there's been a serious injury such as broken bones, potential paralysis / long-term conditions, or anything that requires hospitalization
someone died from the accident
someone is clearly at fault
pedestrians, bikes or other autos were involved, or if the accident occurred in a construction area
an inaccurate police report details you as the one at fault
important technical, legal or medical issues are involved
the limits of your liability insurance are low
you have no insurance or your insurance company suggests that you did not pay your premium.
your insurance company starts acting oddly or involves its own attorney

If you are unsure about contacting an attorney, here are some instances where contacting an attorney might be worthwhile. If you are...

seeking advice on the settlement value of a claim and want to know best and worst case outcomes
unsure if other insurance (homeowners, travel, etc.) may be available to you for this incident
thinking fault may be an issue in this accident
suspecting your insurance company may not looking out for your best interests
wondering how to handle negotiations with an insurance company
not sure about your rights
confused about the terms of your insurance policy or other paperwork