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.

Labels: negligence, Nursing Home Abuse, Nursing Home Abuse Attorney, personal injury

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!

Labels: Colorado personal injury attorney, Construction Accident, negligence, personal injury

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.

Labels: Colorado personal injury attorney, Colorado Workers' Compensation Attorney, Colorado workplace injury, defective products, negligence, worker's compensation

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:

1. There was a duty of care owed to the defendant.
   
2. There was a breach of that duty.
3. The breach of this duty of care was the cause of the defendant's accident.
4. 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.

Labels: Colorado personal injury attorney, contributory negligence, duty of care, motorcycle accident, negligence

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.

Labels: Colorado personal injury attorney, duty of care, negligence, pedestrian accident, premise liability

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.

Labels: auto injury accident, Colorado personal injury attorney, negligence, truck accident

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.

Labels: Colorado personal injury attorney, duty of care, medical malpractice, negligence