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.
Insurance Checklist: Car, Truck, or Motorcycle Accident
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!
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.
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!
Checklist: What Damages have You Suffered as a Result of Your Personal Injury?
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.
From its inception 1987, Franklin D. Azar & Associates, P.C. has concentrated in cases involving personal injuries.
In recent years, we have also begun representing persons in a variety of class action lawsuits, ranging from victims of defective and dangerous products to employees who are not receiving full payment for their work from their employers. We currently maintain offices in Denver, Colorado Springs, Pueblo, and Trinidad, Colorado.
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