In Grenillo v. Estate of Joel Hansen, 2020COA82, a division of the Court of Appeals tackled an issue of first impression: whether Colorado's remedial revival statute, section 13-80-111, C.R.S. 2019, allows a plaintiff to refile a law suit against a new defendant after the statute of limitations h...
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...
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...
In Colorado, your injury damages can be lowered if you weren't wearing seatbelts. But you can still recover full damages for past and future medical bills, physical impairment and disfigurement. Under Colorado law, the requirement to wear seat belts applies to front seat drivers and passengers. ...
People injured in Colorado car accidents will have a better understanding of the insurance coverages available to cover their losses after a new state law forces insurance companies to come out of the shadows with their policy coverages. Previously, some insurance carriers refused to provide pla...
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. ...
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 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...
A division of the Colorado Court of Appeals has cut-off an avenue of recovery for plaintiffs injured by negligent co-workers while driving on the job. In doing so, the division has created a split that will likely have to be resolved by the Colorado Supreme Court. In Ryser v. Shelter Mutual Insu...
The Colorado Supreme Court's decision in Bermel v. BlueRadios, Inc., 2019 CO 31, has slightly lessened the power of the economic loss rule (“ELR”) under Colorado law. After Bermel, the ELR is no longer a bar to statutory civil theft claims where the theft also constitutes a breach of contract. T...
The 2019 legislative session ended Friday capping a tumultuous and chaotic four months in Colorado's 72nd General Assembly. Democrats delivered on some key legislative promises including oil & gas reform and a red flag gun law. The Republican minority, relegated to playing defense, took solace in...
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...
The Colorado plaintiffs' bar is holding its collective breath that a game-changing bill making its way through the state legislature will end up on the governor's desk before the end of the 2019 legislative session. If the bill becomes law in its current form, it should settle a question that has...
Colorado raises caps for non-economic damages to adjust for inflation for the first time since 2008
The time it takes to settle a Colorado car crash case depends on the severity of the injuries and the insurance policy limits that are available.
The risks of leaving your damaged car at the tow lot for more than a few days.
the pros and cons of filing an auto damage claim through your own insurance company versus the at-fault driver's liability insurance
Important steps to preserve evidence and protect the value of your case immediately after a collision
Even when an insurance company accepts liability for a rear-end collision, you still need an experienced trial attorney to fight the battles of causation and damages.
Insurance companies may try to assign part of the blame to the driver who was injured by the at-fault driver. Don't let them do it.
explains your health insurance company's right to be repaid from your settlement proceeds
How you can hurt your case by talking to the at-fault driver's insurance company
The benefits of having Med Pay in Colorado car crash personal injury cases.
For most cases, the honest answer is no. The best an attorney can do during an initial meeting is give you some indication of the results they have gotten from similar injury cases in the past. Even then, the estimate you are given is at best an educated guess. Injuries that seem more serious t...
If you've been injured in a wreck that was caused by a negligent driver, you may be wondering whether an injury attorney is worth the cost. In my experience, a knowledgeable, trial tested personal injury lawyer will likely get you substantially more settlement money in-pocket than you will recov...
Serving Metropolitan Denver and Northern Colorado.