The most significant legislative win for plaintiffs in Colorado's 2021 General Assembly was HB 21-1188, which legislatively overturned the notorious Ferrer v. Okbamicael decision of the Colorado Supreme Court. The bill was signed by Governor Polis on May 17, 2021 but did not go into effect until ...
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 ...
Another blown statute of limitations case. The Colorado Court of Appeals affirmed a trial court ruling that refused to extend the statute of limitations until Monday when the claim's expiration date landed on a Saturday. In Morin v. ISS Facilities, Inc., 2021COA55, a division of the court of app...
In the recent decision of Ryser v. Shelter Mutual Insurance, 2021 CO 11, the Colorado Supreme Court answered the question of whether an injured passenger riding in a vehicle negligently driven by a co-worker, and owned by another co-worker, when all three are acting within the course and scope of...
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 at-fault driver's insurance company wants a recorded statement for several reasons. One, the insurance carrier wants to know what happened and who is at-fault. Second, if you have been injured because of the other driver's negligence or bad driving, the insurance carrier wants your recorded ...
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...
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...
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...
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.
Serving Metropolitan Denver and Northern Colorado.