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Concussions are often missed at the emergency room

Posted by Raj Chohan | Aug 30, 2021 | 0 Comments

Concussion or mild traumatic brain injury often goes undiagnosed at the emergency room. The reasons for this can be varied. In some cases, emergency room doctors and nurses are working very quickly and are focused on identifying serious and obvious injuries that can be life threatening. If a car ...

The Colorado Court of Appeals throws a brush-back pitch at trial court judges who want to decide proximate cause themselves rather than letting the question go to a jury.

Posted by Raj Chohan | Mar 16, 2021 | 0 Comments

In Deines v. Atlas Energy, 2021COA24, a division of the Colorado Court of Appeals reversed a trial court ruling which dismissed the Plaintiff's claim at summary judgment based on intervening events breaking the chain of causation. The appellate panel concluded the question of proximate cause shou...

The Economic Loss Rule Suffers Another Major Blow in Colorado as the Court of Appeals Proclaims the Rule Will Not Bar Intentional Torts in Most Cases

Posted by Raj Chohan | Jan 23, 2021 | 0 Comments

On January 14, 2021, a division of the Colorado Court of Appeals released its opinion in McWhinney Centerra v. Paog & McEwen, 2021COA2, which extends the Colorado Supreme Court's opinion in Bermel v. BlueRadios, Inc., 2019 CO 31. Bermel put restraints on the tort-killing judge-made doctrine known...

Colorado Court of Appeals delivers a victory to ski companies by affirming the validity of broad liability waivers printed on the back of ski lift tickets.

Posted by Raj Chohan | Dec 31, 2020 | 0 Comments

Ski at your own risk. And if you are hurt because the ski lift operator screws up, you probably have no remedy. That's the message delivered on the last day of 2020 by a panel of the Colorado Court of Appeals in Redden v. Clear Creek Skiing Corporation. The same Court, through judicial feat, in m...

Colorado Court of Appeals awards ten years of prejudgment interest to plaintiff in a case where the defendant succeeded in its appeal to reverse the first trial, only to lose the second trial.

Posted by Raj Chohan | Dec 31, 2020 | 0 Comments

In Walker v. Ford Motor Company, 2020COA164, the Colorado Court of Appeals examined how interest is calculated under Colorado law when a Plaintiff wins on retrial after the previous trial victory was overturned. A division of the Court of Appeals concluded that the plaintiff is entitled to prejud...

What I learned about practicing law from my ping pong table

Posted by Raj Chohan | May 31, 2020 | 0 Comments

I quarantined, I worked from home, and I learned something. Like just about everyone else, my wife worked from home, my kids schooled from home and we all tried to do our part to contain the pandemic. I could have worked from my home office, but I retreated to my basement, my beloved underground...

An appellate split on the disastrous Harvey v. Centura decision may cue up an opportunity for the Colorado Supreme Court to protect the poor and the elderly from abusive hospital collections practices.

Posted by Raj Chohan | Mar 31, 2020 | 0 Comments

Back in February, I blogged about a controversial opinion (Harvey v. Centura, 2020COA18) issued by the Colorado Court of Appeals in which a division of the appellate court ruled that hospitals in Colorado could file liens against certain patients rather than billing their Medicare and Medicaid he...

Will my car insurance go up if I use Medpay?

Posted by Raj Chohan | Feb 06, 2020 | 0 Comments

No - Your Colorado insurance rates should not go up if you use your medpay benefits. A lot of my clients ask whether they should file a claim against their auto insurance benefits when the accident was not their fault. Usually this comes up in the context of medpay (Medical payments) benefits. ...

Colorado hospitals get the green light to pursue aggressive collections tactics against Medicare and Medicaid recipients who have been injured by the negligence of others. The biggest losers - the elderly and the poor.

Posted by Raj Chohan | Feb 01, 2020 | 0 Comments

It just got harder to practice personal injury law in Colorado.  A new case by the Colorado Court of Appeals allows hospitals to create liens against their patients' personal injury settlements rather than billing their Medicare or Medicaid insurance. The new opinion almost guarantees auto accid...

The Colorado Court of Appeals limits the power of insurance companies to intervene in litigation when the insurer defends under a reservation of rights.

Posted by Raj Chohan | Aug 17, 2019 | 0 Comments

The central question is whether an insurance company which has chosen to defend under a reservation of rights to deny coverage can then intervene in litigation between the injured party and the insured. In the case of Bolt Factory v. Auto Owners Insurance, 2019 COA 121, the Colorado Court of Appe...

Investigating the Fatal I-70 Truck Crash

Posted by Raj Chohan | Apr 27, 2019 | 0 Comments

Lakewood police are beginning a lengthy and complex investigation that will require extensive forensic work and nuanced legal judgment. The horrific truck crash on I-70 that killed four people in Lakewood, Colorado will require a multi-disciplinary investigation to determine the final cause.  Th...

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