Colorado Car Accident Legal Questions

Yes I think you may have a case. The hotel may argue that it wasn't their fault because you slammed the door to hard or something. How would you counter that  argument?  You should have a consultation with an attorney to explore the facts of the case in detail. Did you take pictures of the door ? Did you take pictures of your injuries?  Call me to discuss 407-616-6502, cell phone ... Read More

I am sorry that you are being bullied by this insurance company. I can help. I ahve been in prractice for over 40 years, and I understand how insurNCE djusters work, Ubder the facts explained so far, the insurance adjuster appears to be trying to take advantage of you. This is  wrong.  Even though you got the ticket, for no insurance, that can be plea bargained to a zero point violation, with later proof of insurance. The other party was at fault for thre accident. You are entitled to recover for property and personal injuries you may have received. Although thr traffic tikets are an important consideration for the trafficb court, the cause of accidevt testimony of the traffic officer is more important. You have a stronger possition of negotiation and settlement than you think. Adjusters tend to treat you better wheb they know you are represented.   D. Dale Sadler, Attorney... Read More

You have no legal obligation to cooperate with the other driver's insurance company. Typically these phone interviews are taken when the insurance company is not willing to admit liability on the part of their insured and are often used against the not-at-fault driver.  We advise our clients to not agree to an interview without a lawyer present. Good luck.... Read More

I am sorry to hear that you were injured in an accident.You are entitled to be compensated for injuries received and monetary loss, including lost wages and mendical costs. I have over 40 years of legal experience. A mjor part of my practice is set up to handle auto accidents and premise liability matters.  I would be very happy to talk with you more about the incident and explain your rights, going through the medical and legal process. Callme for more information and a free phone conference.   Dale Sadler, Colorado Attorney. 303-289-8008... Read More

You have the option of filing in small claims court where you would represent yourself.  Most of the counties provide subsatantial help for those filing in small claims court, a handbook is available online from the state courts administration, Small Claims Handbook. You would probably file in the county in which the accident occurred. Or you could contact Metro Volunteer Lawyers, this is a service provided by  the Denver Bar Association.  MVL recruits and coordinates volunteer lawyers to perform free and low-cost legal services for poor and near-poor persons who live and work in Adams, Broomfield, Arapahoe, Denver, Elbert, Douglas, Jefferson, and Denver Counties.  Call (303) 837-1313 or visit http://www.metrovolunteerlawyers.org/ ... Read More

It's unclear what you mean by "about 3 yrs ago the other person involved has her insurance suing me." If the insurance company just wrote you a letter, then you are in the clear.  In Colorado, a person must file any claim arising from a motor vehicle accident within three years of the accident or lose their right to file a lawsuit.  So if the other driver did not file a lawsuit and serve you with a summons and complaint, then she can no longer do so.... Read More

No, there is no limit on the amount of visits that it takes for you to recover, so long as the treatment is reasonably related to the injuries you sustained in the accident.  But, whether the treatment is "reasonably related" can be a point of contention, and the further out from the accident you are, the less likely that the insurer will continue to consider all of your medical care as being related to the accident.  Make sure that you are remaining consistent with the treatment you are receiving and that you are following the recommendations from your treating physicians in terms of therapy, additional appointments, prescriptions, etc.  Because a traumatic brain injury can have serious and sometimes life-long consequences, you should carefully consider any kind of settlement offer.  Also be mindful of your statute of limitations - in Colorado your statute of limitations for an automobile accident is 3 years from the date of the accident.  If you do not file a lawsuit within 3 years you will lose your right to do so, and then you will lose your right to collect any compensation from the other driver's insurance company.  I am happy to discuss your options further or answer any additional questions you have.   ... Read More

The simple answer to your question is yes, given the facts you provide you have a strong claim against the driver of the vehicle which ran into you.  His insurance company will provide him with a defense lawyer, but the party you would actually sue is the driver.  Since it is certain that he will have a lawyer, you would be best served by hiring a personal injury lawyer to represent you.... Read More

You should contact Metro Volunteer Lawyers, this is a service provided by  the Denver Bar Association.  MVL recruits and coordinates volunteer lawyers to perform free and low-cost legal services for poor and near-poor persons who live and work in Adams, Broomfield, Arapahoe, Denver, Elbert, Douglas, Jefferson, and Denver Counties.  Call (303) 837-1313 or visit http://www.metrovolunteerlawyers.org/.  Good luck.... Read More

The document you describe is a contingency fee agreement.  Any Colorado case handled by a lawyer as a contingency fee case must have a written fee agreement between the client and lawyer.  If co-counsel is hired, then the client must sign a new agreement which includes the details as to how the new lawyer will be compensated.  It appears that your first lawyer may have neglected to have you sign a new fee agreement which would provide for the co-counsel.  You should not accept any of the proceeds from the settlement  until this issue is resolved, and given the information you provide it is not your responsibility to compensate the co-counsel.  Your first lawyer will have to pay for the co-counsel out of his/her share of the settlement unless there is a second agreement which you signed with the co-counsel.  I strongly recommend that you speak with a lawyer who handles legal malpractice claims.... Read More

My sincere sympathy on the loss of your father. As the only biological child, you may be entitled to a significant portion of his estate but much is uncertain - whether he has a living spouse, any other dependants or heirs.  You also do not provide any details about the accident, but if another driver caused the accident then you may have a wrongful death claim against the at-fault driver.  You should contact a personal injury attorney to discuss your legal options - most will provide a free consultation which would allow you to get answers to your questions.  For a more through discussion of damages for a wrongful death claim please see http://www.chalatlaw.com/Wrongful-Death.html.... Read More

You should contact Metro Volunteer Lawyers, this is a service provided by the Denver Bar Association. MVL recruits and coordinates volunteer lawyers to perform free and low-cost legal services for poor and near-poor persons who live and work in Adams, Broomfield, Arapahoe, Denver, Elbert, Douglas, Jefferson, and Denver Counties. Call (303) 837-1313 or visit http://www.metrovolunteerlawyers.org/ The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions.... Read More

Your best approach may be to do nothing.  Your neighbor may bring a claim against you, but until a lawsuit is filed you are under no legal obligation to pay for the damages to the truck.  If your son is served with a summons and complaint, then you may wish to negotiate with the neighbor to arrive at a reasonable amount of compensation - but I would not advise offering the amount of the bid from the local garage unless the damage is so great that the truck has in fact been totaled.  You may wish to  contact Metro Volunteer Lawyers, this is a service provided by the Denver Bar Association. MVL recruits and coordinates volunteer lawyers to perform free and low-cost legal services for poor and near-poor persons who live and work in Adams, Broomfield, Arapahoe, Denver, Elbert, Douglas, Jefferson, and Denver Counties. Call (303) 837-1313 or visit http://www.metrovolunteerlawyers.org/ The information provided to you in this answer is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation if you have further questions.... Read More

Though the injuries you describe do occasionally occur after a low-impact collision, they are very difficult to prove.  Juries are very skeptical of the "whiplash"  victim, and when the vehicles show little or no damage, and medical care was not needed directly after the accident then it is all but impossible to succeed in a claim.  Another attorney may have a different opinion and I encourage you to speak to other lawyers.  Please keep in mind that you have a three year statute of limitations to file a lawsuit, after that time you no longer have the right to do so.... Read More

Yes, you may have a claim against your attorney for failing to file within the statute of limitations for a motor vehicle accident.  In Colorado a claim must be filed within three years of the accident or you lose your right to file a lawsuit. The statute of limitations is a deadline established by statute by which time you must file your lawsuit or be forever barred. For most personal injury matters, this period is two years. Thus, you have two years from the date of your injury, or, more precisely, when you knew or should have known that you had suffered an injury, in which to file your claims. Calculation of your deadline is usually straight forward, ask your attorney when your statute of limitations period expires and mark it on your calendar. Surprisingly, for something that is so elementary, over 13% of all legal malpractice cases arise for failure on the part of the attorney to file claims in a timely manner. You should contact an attorney experienced with legal malpractice claims to get answers to your questions.  ... Read More

John Bisnar Auto insurance, like most every type of insurance, does not cover intentional acts.  So the driver's insurance would not normally cover the driver's intentional act to harm someone. Get a consultation with the best car accident attorney in your area.  There may be ways around the "intentional" issue depending upon your facts.  Intentionally causing a traffic collision is not necessarily the same as intentionally causing an injury. The passenger's own auto insurance and/or the auto insurance of his/her family may cover his/her injuries as well. John Bisnar Bisnar|Chase, Auto Accident Attorneys Trusted Professionals.  Proven Results. www.California-Lawyer-Attorney.com 800-956-0123... Read More

An insurance company is standard of good faith and fair dealing. Canceling a policy or changing carriers should have no effect on a pending settlement.   This response is general in nature and is not legal advice. No attorney client relationship is formed by it. Further, the response does not represent the opinions or views of LexisNexis or its affiliated companies.... Read More