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Colorado Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Colorado on
Q: My dad passed away in 2006. He did not have any money. There was no estate. Can I sue on his behalf for a tort?

The statute of limitations has not expired for a personal injury lawsuit against another party. I would like to file a lawsuit on his behalf. How do I represent him. Do I go to probate court to become the executor of his estate?

Peter N. Munsing
Peter N. Munsing answered on Jul 7, 2021

I'm not a Colorado attorney but the statute of limitations for any claim of his would appear to be long gone. Even a contract claim has a six year statute of limitations.

Check with a Colorado attorney as to the statute of limitations for whatever claim you have in mind, but before...
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2 Answers | Asked in Bankruptcy, Car Accidents and Personal Injury for Colorado on
Q: Can personal bankruptcy eliminate the debt for a $20,000 judgement for a traffic crash while driving with no insurance?
Clark Dray
Clark Dray answered on Jul 4, 2021

If you are involved in an auto accident and you don’t have insurance, your driver’s license can be suspended under Colorado’s Motor Vehicle Financial Responsibility Law. In order to have your license reinstated, you’ll need to obtain insurance and get into a payment plan for the damages... Read more »

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1 Answer | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I need medical insurance advice

Hurt my back working out at the gym. I have insurance through my job. I got some testing done which includes imaging. I got a preauthorization and met my deductible, payed all bills. Two years later.. I get medical bills that hit my credit, then bills equating to $13,000 which my far surpasses my... Read more »

Tim Akpinar
Tim Akpinar answered on Jun 4, 2021

A Colorado attorney should advise, since the matter could involve state-specific laws, but your post remains open for five weeks. If you reached out to attorneys to discuss, they may want to review the file in its entirety, including authorizations, bills, denials, etc. and trying to identify where... Read more »

2 Answers | Asked in Personal Injury and Car Accidents for Colorado on
Q: Is there any way I can get someone outside my family who has car insurance to help me get my victims relief payments ?
Brian Michael Bradford
Brian Michael Bradford answered on Jun 1, 2021

When determining which insurance may apply to your particular crash, it is very important to understand the circumstances of how the crash occurred. For example, were you a passenger or the driver? Was the car you were in your car or someone else's? We would be happy to discuss the facts of... Read more »

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1 Answer | Asked in Personal Injury for Colorado on
Q: My water heater in my appartment was leaking and created a lot of bad mold, got me sick. Do I have grounds for sueing?

The flood unit is coming by tomorrow to assess. I asked if it was safe, they said no, not ideal. No offers to put me up in a hotel or another apartment. I've been sick for well over a month with extensive lung and throat damage. No idea on how long it has been leaking but there was no water... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 24, 2021

A Colorado attorney could advise best, but your question remains open for two weeks. As a general matter nationwide, mold cases can be difficult and some law firms do not like to handle them. The injuries and damages tend to be less clear cut than in other forms of injury cases. In terms of your... Read more »

1 Answer | Asked in Personal Injury for Colorado on
Q: Can the statute of limitations be extended in a situation where you are not aware that the drug caused your illness

Until a later date?

Tim Akpinar
Tim Akpinar answered on Mar 3, 2021

A Colorado attorney could advise best, but your question remains open for two weeks. As a GENERAL matter nationwide, what you are describing is known as the "Discovery Rule." In jurisdictions where it is applied, the statute of limitations could sometimes be extended where the patient did... Read more »

1 Answer | Asked in Education Law and Personal Injury for Colorado on
Q: would a public school be responsibility if teacher and staff knew a student was being bullied and the victim got hurt

school was aware of a group of students that have harassed , and physically the grandmother pepper sprayed my daughter as well as my self .

Tim Akpinar
Tim Akpinar answered on Mar 1, 2021

A Colorado attorney could advise best, but your question remains open for three weeks. As a general premise, you could be confronted with the argument that no one has control over what individuals do off school property if that is where it happened. Anti-bullying polices have evolved in recent... Read more »

2 Answers | Asked in Personal Injury for Colorado on
Q: Can i do a law suit when i fell at mcdonald's a few years back now i have back problems and need injections every year?

The manager had told me thing were going to be fine and to go to a chiropractor and do physical therapy but now i have to get injected every year to help the pain i have cause of a fracture i had in my back that i had barely found out about a year or two ago mcdonald's never wanted to take... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 26, 2021

The statute of limitations for injury claims in Colorado is two years. It may be longer if you were under 18 at the time, but if you were older it would be two years. Why not call an attorney who handles fall cases to see? Many give free consultations.

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1 Answer | Asked in Personal Injury for Colorado on
Q: What is the standard percentage of a settlement for attorney's fee?
Tim Akpinar
Tim Akpinar answered on Jan 13, 2021

A Colorado attorney could advise best, but your question remains open for two weeks. As a GENERAL practice across the nation, most personal injury law firms handle cases on a contingency basis where their legal fee is generally one-third. Under such arrangement, the attorney fee is owed only upon a... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Civil Rights for Colorado on
Q: What if somebody makes up lies that my child's life is in danger to be granted emergency guardianship to my child.

The lies were proven in court and judge told her to return the child and she did not. She hid my child causing her to not be able to attend school, I thought my child might be dead. At contempt hearing the judge said there was not an order even though I have a recording of him saying it and last... Read more »

Sean Maye
Sean Maye answered on Nov 30, 2020

First off, I am so sorry you're experiencing this.

Now, unfortunately, what you've written here is a bit confusing and inconsistent. On one hand, you're saying that there was a formal contempt order from the court, but on the other hand you're saying the same judge...
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1 Answer | Asked in Personal Injury and Wrongful Death for Colorado on
Q: I don't believe my lawyer is being honest with me, after the lawsuit with the insurance company is over can I get a

Different lawyer to sue the esate? My son died in a car accident.

Jason Allen
Jason Allen answered on Nov 20, 2020

It may be possible. However, laws vary by state and much more information is needed to determine what options you can take.

1 Answer | Asked in Personal Injury and Domestic Violence for Colorado on
Q: Can my best friend get in trouble for self defense?

My best friend who is a male, got beat by his now ex girlfriend. She hit him several times breaking skin around his eye, so he slapped her, threw her on the bed, and put her in a headlock to try to get her to stop. There are no marks on her that I know of but he has a cut under his eye and a black... Read more »

Thomas Cantley
Thomas Cantley answered on Oct 27, 2020

Maybe.

The physical force used by your friend on his ex girlfriend would qualify as misdemeanor third degree assault, and possibly felony second degree assault for the pressure applied to the neck in the headlock. However, conduct that may qualify as assault (or even homicide) can be...
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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Colorado on
Q: the Er put me at risk by not looking at test results they had in hand the same day but called me 4 days later to come

The staff had triaged me, had all the test results in hand, had the ekg in hand, had used one of those finger tip pulse/oxygen things a couple of times. My heart rate was at a 29-32 they sent me home and a cardiologist finally read tithe ekg 4 days later that is when they called me to come back in.... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 25, 2020

A Colorado attorney could advise best, but your post remains open for three weeks. At this point, you could reach out to med mal attorneys to discuss the matter in greater detail, including the extent of damages you suffered. If an attorney felt there might be a basis for a case, they could request... Read more »

1 Answer | Asked in Medical Malpractice and Personal Injury for Colorado on
Q: In dental malpractice cases does statutes begin at the time of discovery if discovery isn’t until 3 years later?

I discovered bone loss in my jaws 3 years after my treatment because the dentist continued to adjust my dentures for 1 1/2 years )due to an error when making impressions) and then decided I couldn’t wear dentures after all bcuz I was a rare person who couldn’t wear them and needed implants... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

A Colorado attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Colorado attorney, a general premise applied in many jurisdictions that observe a discovery rule in med mal cases is that the clock starts running from when something was... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Colorado on
Q: My employer agreed to do a Covid study with a college in Fort Collins Co. The study was for 8 weeks one nasal test per

Week.We were asked to sign a permission form that clearly stated it was voluntary.

However the employer told employees that if we refused the testing we would be taken off the schedule. This does not allow us to make decisions about our own bodies.Thank You

Tim Akpinar
Tim Akpinar answered on Oct 12, 2020

A Colorado attorney could advise best, but your post remains open for two weeks. In terms of the personal injury aspects of the matter, it does not appear to be something that would form the basis for a personal injury claim. Such a claim would require the element of damages. And if participants... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: Should I settle for the 1st amount offered for an accident if I don't feel right about it?

I was rear ended as a passenger at a traffic light. I now have major back problems. There were 3 others in the vehicle but it appears I was injured the worse. The accident happened in Colorado but I reside in Las Vegas. Since I was not going to the doctor on a regular basis, my attorney wants me to... Read more »

Jeremy Rosenthal
Jeremy Rosenthal answered on Sep 29, 2020

You should get a ere consultation with another Colorado lawyer and hopefully that can help put you at ease.

1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Colorado on
Q: My elderly mostly father in-law insists on keeping a hand-gun on him at all times in spite of 2 Drs. say he should not

Am I liable if he shoots someone by accident? He is "mostly" blind. We have tried to take them away, but it is on his person. We took several away and had the long conversation about why it is a bad idea, but he insists he must have it for safety. My wife and I manage his care and will... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 12, 2020

A Colorado elder law attorney could probably answer your question better than a personal injury attorney. You could reach out to one and discuss your role in the person's life. In addition to your liability which you ask about, you could discuss other serious issues here. If he is "mostly... Read more »

3 Answers | Asked in Personal Injury for Colorado on
Q: My wife was in a car accident in Jan 2020 where the other driver ran a red light and was cited. She hasn't worked since,

Things are getting bad financially. She's seen quite a few MDs and therapists. She gets some relief but in a few days is back to very bad pain. The only job she studied for and worked for 25 + years is dental hygiene amd working in that position now is impossible due to her pain. We retained... Read more »

Benjamin T. Norton
Benjamin T. Norton answered on Aug 29, 2020

MMI is more of a worker's comp term rather than personal injury. As stated above, it is not required. However, your wife's settlement with the third party insurance company is a lump sum payment. So typically it's best to wait until treatment is finished so that the attorney and her... Read more »

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1 Answer | Asked in Personal Injury for Colorado on
Q: My father Sue's a doctor for malpractice. The state has a cap. Doesn't even cover the medical bills can I personally sue

I was wondering if I can sue for personal damages

Tim Akpinar
Tim Akpinar answered on Aug 22, 2020

A Colorado attorney could answer best, but your question remains open for a week. What you describe is part of the "tort reform" measures applied to medical malpractice cases across the nation, with each jurisdiction applying its own particular guidelines. As a GENERAL measure across the... Read more »

1 Answer | Asked in Personal Injury for Colorado on
Q: Does Colorado require insurance companies to pay sales tax in vehicle settlement?

If my vehicle was valued at $8000, does CO require they pay the additional $568 (7.01%) to cover taxes of replacement purchase?

Tim Akpinar
Tim Akpinar answered on Jul 20, 2020

This is really something that only a Colorado attorney could advise on. But your question remains open for a month. Here on Justia are some resources on Colorado law for property damage claims practices that anyone could find on the Internet -... Read more »

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