Colorado Personal Injury Legal Questions

The alleged negligence took place in Nevada.  Even if you could establish that Valley Hospital was susceptible to jurisdiction in Colorado, the accident took place in Nevada.  Therefore you should consult with a lawyer regarding your rights and the risks of litigation in whatever jurisdiction is more convenient for you, with the understanding that the lawsuit (should you believe that you have a case) will be brought in Nevada.... Read Answer

As long as the vehicle was insured and the teen driving the vehicle was covered under her father's car insurance policy then you should not have any problems because someone other than the owner was driving the vehicle at the time of the accident. If the teen was an "excluded" driver or was not covered by the car insurance policy, then you can sue the teen, and possibly the father depending on the circumstances. You can also make a claim against your own car insurance company for Uninsured Motorist benefits. This is more complicated. You might want to talk to an automobile accident attorney. Most of these attorneys offer a free consultation so it will not cost you anything to learn more about your rights and options.... Read Answer

You have a couple of options about dealing with your attorney who has not responded to your repeated emails and phone calls. Here are a couple of options, not in any particular order: (1) Contact the attorney's assistant and ask why you have not heard back from your attorney. It is possible that your attorney has not received your messages. (2) You can send one last email or, preferably, a letter, indicating that unless you hear back from the attorney in a reasonable amount of time, such as 14 days, then you will be discharging him or her and hiring a new attorney. (3) If your attorney is an associate or a low-level partner in a law firm, you could try talking to the owner of the law firm or managing partner. He or she might either be able to get the attorney to communicate with you or assign a different attorney to handle your case. (4) You can discharge your attorney now and find another attorney to represent you. Clients in civil cases, such as an automobile accident, can discharge their attorney any reason they want. If a lawsuit is on file, the attorney would have to ask the Judge to be permitted to withdraw from your case. Depending on the contract you signed with the attorney as well as what, if anything, he or she has done, the attorney might be entitled to money for his or her time, costs and expenses. (5) You can contact the Nebraska Counsel for Discipline and report the attorney for failing to respond to your attempts to communicate with him or her. This option would likely cause your attorney to withdraw from representing you. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.... Read Answer

The statute of limitations is a time-bar against filing suit.  Simply, you must file a lawsuit before the statute tolls (runs out). This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

I think you have a big proximate cause mountain to climb, but if you want to investigate the case you should contact a local workers' compensation attorney. They provide free initial consultations and they get paid a fee based on statutory fee schedules if you succeed.  Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com. ... Read Answer

You need to consult with a Florida attorney since the accident occurred in Florida, however three years after the accident is probably too long for you to be able to file a claim now.  The statute of limitations for a premise liability claim is typically one - three years, but you should ask an attorney in Florida for the period in Florida.... Read Answer

John Bisnar Your Dad was injured in New Jersey, you have moved him to Colorado and you have lost confidence in your dad's New Jersey personal injury attorney.  Can you hire a Colorado attorney to represent your dad in his New Jersey case? Yes you can.  However, rarely would hiring a Colorado attorney be in your dad's best interest in a New Jersey case.  This is especially true if a lawsuit is filed. If you move to a Colorado attorney the defendant and his insurance company instantly get the message that they have the upper hand.  It would be very costly for your Colorado attorney to travel to New Jersey to conduct discover, court appearances and a trial.  Chances are the defendants are going to know the court personnel, the judge and the judge's tendencies much more than an out of state attorney.  The defense is likely to see all this as a sign of weakness in the case. If you have lost confidence in the New Jersey attorney, find another New Jersey attorney.  I suggest upgrading your attorney but stay with the best you can find in the area were the case is filed.  There are times that an out of area attorney may be as good or better than a local attorney, however, this doesn't sound like one of those times.  This is especially true in a workers' compensation case. John Bisnar Bisnar|Chase, Personal Injury Attorneys Trusted Professionals.  Proven Results. www.BestAttorney.com 800-956-0123... Read Answer

You may have a cause of action against the bar if it was foreseeable that the person who hit you was going to cause trouble. Although this is an issue governed by state law and I do not practice in Colorado, generally speaking, business establishments have an obligation to protect their patrons from foreseeable harm caused by others and in certain circumstances this can include protecting patrons from physical attacks of other patrons. You should contact a local personal injury attorney and run the facts by him. These cases are taken on a contingency basis and initial consultations are free. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com... Read Answer

John Bisnar Speak with a personal injury law firm local to where the injury occurred at your earliest opportunity.  Look in the upper left hand corner of this page for the button "Find a Lawyer".  Click on the button and start your search there.  Most of the best law firms will provide you a free consultation. You have rights.  You are going to have a tuff time because you already lied about the nature of the injury which is more likely than not going to be used against you.  You do have a co-worker that can help confirm your story. All personal injury claims have time limits within which a lawsuit must be filed.  Failure to timely file will terminate your rights.  It appears you still have time...but don't waste any of it. John Bisnar BISNAR|CHASE, Personal Injury Attorneys California Trusted Professionals.  Proven Results. www.BestAttorney.com 800-956-0123  ... Read Answer

It's really hard to tell you whether you have a viable personal injury claim without more facts.  Is the idea that the contractor other than your employer had an obligation to remove snow and ice?  If that is the case, then you might have a viable claim against that company.  An additional question is what kind of injuries have you sustained and are they sufficient to warrant a two-year litigation.  You should contact a local personal injury attorney and discuss these issues further.... Read Answer

This type of case is very fact-dependent, the successful slip and fall claims have strong documentation as to the facts of the accident and the injuries suffered. When an accident occurs because of a known condition, such as a leaking water line which management is aware, then there is a better argument to be made concerning landowner liability. And if the accident victim is immediately treated by EMT personnel or personal physician, then it is easier to prove an injury from the accident. It is difficult to determine how strong your claim may be. I am unsure about the liability of apartment complex without more information as to the exact conditions causing your fall. As for your injuries, you don't specify whether you suffered any physical injury so it probably is not in your best interest to pursue a claim - you will spend more on the litigation than you could reasonably hope to gain. But if you require further medical treatment, then you should speak with an attorney.... Read Answer

You can bring a Federal Tort claim. You need to file a Form 95 with the appropriate agency. Michigan No-Fault law applies and the FBI must still follow the rules of the Road. They will not be responsible for your totaled car. You need to turn that in to your insurance company. The maximum liability is $500 for a deductible. They will probably pay t he deductible if you were not at fault. You need to file a PIP claim for your own injuries.... Read Answer

I'm very sorry to say that you have a very tough row to hoe. Your property damage claim can't be worth as much as the cost of prosecuting it. I have not had a case with the FBI, but I am willing to bet that they do have insurance that would pay for your property damage claim. Be persistent. Call daily until someone gives you the straight information.... Read Answer

You might be able to get the first insurance company to pay for the whole bill, but you would probably have better luck getting the insurance companies to split the bill. It is important to realize the insurance companies may have a valid argument that this was an unavoidable accident that was not the responsibility of either of their insureds, in which case you will recover nothing. I recommend taking what settlement you can get.... Read Answer

In Indiana, cases such as this are governed by the Comparative Fault Act which requires that the fault of all involved parties be compared. You would only be liable for whatever percentage of fault is assigned to you. That percentage of her medical bills (any and all medical bills incurred because of the accident) would be your liability.... Read Answer

You should not feel that it is greedy to seek fair compensation for your injuries.  You are entitled to money for your expenses arising from the accident, such as loss of income for any time off work and medical expenses paid for by you or your insurance company.  You also are entitled to any future medical expenses for treatment of the injuries you have suffered.  You may also seek compensation for any permanent impairment or disfigurement, and for your pain and suffering.  For a more complete discussion of damages in a personal injury claim please visit: http://www.chalatlaw.com/Personal_Injury_Case_Overview.html    ... Read Answer

As you have already been informed, the cap in Colorado for damages in a tort claim against the state is $150,000.  As a practical matter, most personal injury lawyers will handle a case for a fee of one-third of the cap so you should consider why lawyers have refused your case.   As to your question, you certainly can file the claim on your own but first you must satisfy the requirements for filing a suit against the state.  These are provided in the Governmental Immunity Act (GIA) which requires  notice to be given to the alleged defendants and their counsel. The relevant GIA notice provision states that: Any person claiming to have suffered an injury by a public entity or by an employee thereof while in the course of such employment shall file a written notice as provided in this section within one hundred and eighty days after the date of the discovery of the injury, regardless of whether the person then knew all of the elements of a claim or of a cause of action for such injury. Compliance with the provisions of this section shall be a jurisdictional prerequisite to any action brought under the provisions of this article, and failure of compliance shall forever bar any such action. Section 24-10-109(1), C.R.S. (l988 Repl. Vol. 10A) The subsequent sections provide the details for adequate notice.  Please note that you must give this notice within 180 days of your accident or you are barred from filing a lawsuit.  Good luck.  ... Read Answer

No, you will not be allowed to hold the government liable for injuries suffered because of the fault of an individual not acting on behalf of the government.  The Federal Torts Claim Act covers those claims which may be brought against the federal government but your situation does not fall into any of the allowed claims.... Read Answer

Your attorney owes you representation free of any conflicts of interest.  Colorado attorneys are governed by Rules of Professional Conduct, and the specific rule regarding conflict of interest can be found at: http://www.cobar.org/index.cfm/ID/20472/subID/22378/CETH// If your damages are greater than the assets available for compensating you for your claims, then having a second claimant would probably be adverse to your recovery.  You may wish to contact the Office of Attorney Regulation Counsel of the Colorado Supreme Court (303.893.8121).  You will be able to explain your situation in greater detail, with complete confidentiality, and have your questions directly answered.... Read Answer

Your best option will be resolve this matter with Affordable Dentures.  Medical malpractice cases are very expensive to pursue and very difficult to win - few settle and those that are tried are won by the doctor (or dentist) 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record. Much of what you describe will be evidence based upon your word against the dentist's word. Visiting the Affordable Denture website, http://www.affordabledentures.com/satisfaction/, there is this statement: Patient Satisfaction Commitment In providing dentures for you, our Patient Satisfaction Commitment simply means we want you to be completely satisfied with the services you receive at the practice. This applies not only to the AFFORDABLE DENTURES® that are provided, but also to the kind of patient care you deserve to receive. Our goal is to do the best we can to meet your expectations as we help you with your experience in wearing dentures. Further down on the page is the contact for complaints: Patient Concerns Please discuss any concerns you have with the dentist and office staff. We appreciate your willingness to let us know how you feel. If you have further questions or concerns about your visit, please feel free to call the Patient Services Center at 1-800-DENTURE (1-800-336-8873) and speak to a Patient Services Representative. I suggest that you call the toll free number and ask for guidance on resolving your problem as well as reporting the mistreatment that you have suffered.  Good luck.    ... Read Answer

This type of case is very fact-dependent, the successful claims have strong documentation as to the facts of the accident and the injuries suffered. When a slip and fall accident occurs because of a known condition, such as a leaking water line of which management is aware, then there is a better argument to be made concerning landowner liability. And if the accident victim is immediately treated by EMT personnel or personal physician, then it is easier to prove an injury from the accident. It is difficult to determine how strong your claim may be given the little information you provide as to the precise circumstances of the fall.  The claim will be trong if you can show that King Soopers staff knew of the dangerous condition and failed to clean up the yogurt. Please keep in mind that there is a two year statute of limitations for premise liability claims in Colorado, you must bring suit within two years of the accident or lose your right to do so. Other time limitations may apply. I hope you enjoy a full recovery.  ... Read Answer