Colorado Personal Injury Legal Questions

I cannot find any law that woudl be directly on point, making such activity a crime. My suggestion is that you, or better yet - your friend - contact the District Attorney's office in the County that they live, and speak to an investigator there and have them investigate it.  It is the district attorney's office that can file criminal charges. ... Read More

The liability fo the building owner dependson the exact facts of the situation - why the ice was there, how long it ws there, whether they woudl have reasonably been aware it was there, etc.  That said, if the building owner is liable, then you would have a claim for lost income, lost future income, lost opportunities, pain & suffering (if there was any), etc.  You have top prove that you lost the income due to the injury, etc. ... Read More

You can make a claim for the injruies to your dog and some homeowners insurance will cover it (i.e. your neighbors homeowners insurance). You can sue the neighbor in small claims court and potentially recover the costs of the vet bills if his insurer won't pay and he won't pay (it works like those TV shows like Judge Joe, Judge Judy, etc.). Forms are available at teh state judicial website or any court clerk's office.  IF his dog got a "vicious dog" type ticket, paying resitution (i.e. your vet bills) is often a part of resolving those cases, so talk tot he prosecutor. ... Read More

Insurance companies frequently stall claimants in the hope that they will give up or wait too long before considering a lawsuit.  In Colorado you have three years from the date of a motor vehicle accident in which to file a lawsuit for your injuries, after three years you are barred from filing a claim. You should at least discuss your matter with a personal injury lawyer, most will provide a free initial consultation. We would be happy to answer your questions if you would like to call or email.  If you beleive that you will need to file alwsuit against the responsible driver, then the information on our Pedestrian Accident webpage will be helpful. Pleae let me know if we can help.... Read More

You will need to review the paperwork for the installation work, there is probably a warranty provided in the fine print which may provide you the basis for a claim. If not, you can still bring a claim for breach of contract for failure to install an operable and safe device. This is the type of claim for which small claims court is a perfect venue - you can avoid attorney's fees and represent yourself, and resolve the matter much more quickly.... Read More

If you believe the other party is responsible for your accident, then you should either contact a lawyer to represent you in pursuing a lawsuit for your damages or contact the other party's insurance company to attempt a settlement on your own.  To learn more about what damages you may seek, visit Personal Injury Case Overview and click "What are damages?" Keep in mind that in Colorado, most claims for personal injury have a tow year statute of limitations, you must file within two years of the accident or lose your right to do so.  Good luck!... Read More

Since it was actively snowing on Christmas night, it will be difficult to pursue a claim.  In Colorado, the common area of an apartment complex should be maintained in a safe condition for both the residents and visiting guests, but the apartment owner, or maintenance company, only has an obligation to exercise reasonable care.  If the snow and ice had accumulated over several days without attention by a crew, then perhaps you would have a claim.  But since it was snowing that evening, and it was a national holiday, I don't think a jury would find the apartment manager unreasonable in not having a crew out until the next day.  I am sorry for your injury and hope you enjoy a full and speedy recovery.... Read More

It sounds like you are being offered a fair value for your claim - without any significant injury or permanent impairment you would probably not receive any more from a jury.  If you choose to hire a lawyer, you will have significant litigation costs plus attorney fees, which would greatly decrease your ultimate net gain.  If your treating physician feels that you are fully recovered then accept Starbucks' offer.... Read More

We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 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.  Poor results from dental care, particularly the death of a tooth root, is a very difficult basis upon which to bring a claim. However, even if negligence can be established, I am doubtful that it would still be in your best interest to pursue a case.  We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim.  Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim.  I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the poor results your daughter experienced will compel a jury to a substantial award.  Another attorney may have a different opinion and I encourage you to seek a second opinion.  Please keep in mind that you have a two year statute of limitations in Colorado for filing a medical malpractice claim, you must file within two years of the act of negligence or lose your right to do so.  Other time limitations may apply. I wish you luck.... Read More

She should contact a lawyer that has handled these before - she should only tell police. I want a lawyer and I do not want to talk any more. The lawyer can help her deal with this. I have done several of these, both where my client was the hit and run driver and not. The cop will never believe your proof, but will collect statements and evidence and then charge your friend. Better to not give them evidence, have a lawyer tell them to back off.... Read More

The laws governing HOA activity are an area of specialization and you should seek an attorney who handles such matters routinely for answers to your question.  Much will depend upon the evidence of past assurances of insurance coverage, as well as the specific facts of the accident - whether a fellow volunteer was driving the HOA tractor, whether a release was signed, and the details of the accident.... Read More

The injury that you describe is a significant one for which you are likely to experience some degree of permanent impairment or disfigurement.  Before you sign any document provided by the HOA and before you accept any money, you absolutely should speak with an attorney.  You should not rely upon the HOA representative for your legal advice, the HOA is obviously better off if you accept the offer and agree not to sue.  The value of your claim depends upon your HOA agreement, the facts of the actual accident and your condition once you reach maximum medical improvement.  Typically orthopedic injuries tend to require at least one year for a determination of any possible permanent problems.  If liability can be established, an injury such as yours would probably settle well into six figures.... Read More

There are two competing issues here. First, if there is an outstanding ticket out there, then contacting the police might get you some good will if they charge you with a crime. Second, anything you say to the police is going to be used against you and you might be inadvertently making admissions which hurt your case. The only right answer is to hire an attorney where you are located to communicate for your. Your attorney's comments to the police are not your admissions.... Read More

The question depends upon who has ownership and control over the property. Which party (owner or renter) is responsible for upkeep on the sidewalk? Is there a rental agreement in place that specifies who has control over the sidewalk and the outside of the building? Usually the answer is the owner of the building, but not always.... Read More

There are cases that discuss suing the property owner for icy conditions. There are a lot of factors that go into it and your question does not contain very much information. Do you live in Lake Tahoe where there is ice 5 months out of the year? or do you live in Northridge where there is ice once every 3 years? Was the ice from sprinkler water? or just dew frozen over? did you take pictures? Were there warning cones? Did you see the ice? How long had it been there one day or several? These are just a few of the questions I would ask before I could even begin to make a determination as to whether the property owner is liable for this incident. I recommend that you speak to a personal injury attorney that handles slip and fall cases and he or she should be able to give you a proper assessment with more information that you can provide.... Read More

The police are likely to investigate and, if they have not already, they will charge you with various crimes. Some crimes, like leave the scene of an accident, are more serious than other crimes. You then will have to report to criminal court and deal with an assistant district attorney. In addition, you (or any applicable insurance policy) may be liable for any damage caused to his vehicle. All of these items need to be discussed with a good criminal defense attorney wherever you may be located.... Read More