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Questions Answered by Nelson Patrick Boyle
1 Answer | Asked in Civil Litigation for Colorado on
Q: If I write “I can pay _ back in installments” for money I didn’t personally take is that a legal contract in Colorado?

My ex dropped plans to attend a wedding in another state and broke up with me. She paid our friend in advance for her share of an Airbnb. She backed out days before check-in, making it impossible for anyone else to feasibly take her place. When she asked about possible reimbursement I wrote in a... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Jan 10, 2024

The answer would depend on the exact language of all communications and contracts involved. So only a general answer WITHOUT specific advice is possible here. Depending on how much is at stake, you might want to hire a lawyer. But lawyers are expensive. Often, it can be best to offer a small amount... View More

1 Answer | Asked in Domestic Violence, Criminal Law and Family Law for Colorado on
Q: By law it’s say you have to be served a dvpo atleast 5 days before hearing

I was served with only 2 business days before the hearing from a out of state 1200 miles away so I couldn’t make it tried calling courts but never got through plus I never got a final judgment notification do I have a appeal case to get it dismissed since it wasn’t properly executed

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Jan 8, 2024

You will likely need to hire a criminal defense or family law lawyer, depending on the specifics of your case. There is a type of motion that may be applicable, depending on how much time has passed and other facts specific to your case. But, as often, time is of the essence since some of your... View More

1 Answer | Asked in Civil Litigation and Probate for Colorado on
Q: Where to begin with my girlfriend's family holding her inheritance?

Her mother passed away in August 2021, and was told by stepfather to come and get her $80,000 inheritance. She was given specific information regarding where and how to pick it up, but upon arriving, stepfather told her to go away. He claims to have given everything to her brother, including her... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Oct 5, 2023

Your girlfriend should call a probate lawyer. Also, if you're in Denver, the Probate Court there has some resources available where she may be able to get some generalized advice or help. (Information available here: https://www.courts.state.co.us/Courts/Denver_Probate/Index.cfm) Other courts... View More

2 Answers | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.

In my research, I believe that my and my spouse's IRA and Roth IRA accounts are protected. However, are our SEP and HSA accounts as well as our personal residence also protected?

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Sep 15, 2023

My opinion: This is a personal question that, like other insurance questions, comes down to your tolerance for risk. Generally, it's good to also consider other assets, including earning capacity. A lawyer or a doctor likely has a higher earning capacity than a McDonalds window employee or a... View More

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1 Answer | Asked in Criminal Law, Appeals / Appellate Law, Civil Rights and Constitutional Law for Colorado on
Q: Sentencing in 5 weeks what post conviction motions can I file and do I do that myself or do I have to get an attorney?

My attorney throughout this has done nothing for me and now I'm due to be sentenced in 5 weeks. I have been found guilty in a jury trial of two counts of burglary, one count methamphetamine possession, one count THC possession misdemeanor, one count paraphernalia possession misdemeanor.... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 11, 2023

I no longer practice criminal law. But your questions highlight why it’s vital to have an attorney to help navigate the legal process. The law is complex. The rules of procedure are complex. Good lawyers even sometimes make mistakes and get sued for malpractice—that’s why lawyers carry... View More

1 Answer | Asked in Car Accidents, Personal Injury and Employment Law for Colorado on
Q: If a new job is delayed due to an accident can I receive lost wages?

I was in a car accident just before I was scheduled to start a new job. The insurance adjuster for the at-fault party is saying they do not owe lost wages due to it not resulting in job loss. Is this accurate?

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 3, 2023

It depends. Yes, those are often recoverable damages. The goal of personal injury law is to make the injured party "whole." In many if not most situations, that includes lost wages. But the particular facts of each case or claim require attention. You may want to call an attorney to... View More

1 Answer | Asked in Personal Injury for Colorado on
Q: Personal Injury lawsuit question regarding slip and fall on HOA property

A elderly guest of my tenant slipped and fell outside my town home on property controlled solely by the HOA. He hit his head and spent several days in hospital. The fall was caused by glare ice in the alley, due to freezing rain. There was no snow accumulation, so the HOA had no procedure in... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Mar 29, 2023

It depends. You should notify your insurance company about the incident and ask them to defend you if a lawsuit includes you. Even if you're not named as a defendant, you may be a fact witness. Let the lawyers, doctors, and insurers, and if necessary the courts, figure out what injuries may... View More

3 Answers | Asked in Business Law and Civil Litigation for Colorado on
Q: In Colorado, can personal civil documents intended for an individual be served to the registered agent of their LLC?

For example, if attempts to serve someone a civil lawsuit at their home address have been unsuccessful, could that person be served via the registered agent for an LLC they own, even if the LLC is not named as a defendant in the lawsuit? Specifically, if they're using a registered agent... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 1, 2022

Service of process is a difficult concept when it is not straightforward service on the person being served. Both the other answers to this question are correct. These are very fact-specific questions. I agree that you could look to the rules of civil procedure for “self-help.” Remember,... View More

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1 Answer | Asked in Civil Litigation, Consumer Law, Contracts and Small Claims for Colorado on
Q: My car is being held against my will for repairs that will not be done. What are my options?

Car was brought in for inspection and repair of hail damage. The car has been inspected and deemed a total loss, so no repairs have been done. I want to pick up the car but repair facility insists upon over $7,000 for “storage and administrative fees”. Again, apart from my insurance company’s... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Nov 15, 2023

First, call your insurance company and ask them to help. If your insurer won't help, ask why and get it in writing. If your insurer cannot resolve it, consider calling the Attorney General's consumer fraud hotline or making a complaint with the BBB. You may need to hire a lawyer if those... View More

1 Answer | Asked in Health Care Law, Personal Injury, Civil Rights and Medical Malpractice for Colorado on
Q: Can hospital give a woman with contractions ambien tell her" go home sleep it off" "noway ur in labor"

she then gave birth home in bathtub ALONE & hallucinating. records on mychart of visit are not visible if recorded at all. then cps removed child and mother had no golden hour or breastfed baby since birth . thats not even all of what happened . need consiltation asap

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 22, 2023

What a horrible experience. I'm sorry you had to go through that. You should call a lawyer who represents clients in medical malpractice cases. There are several firms in Colorado who specialize in that area of law. You might try contacting Cornell Johnson, Mac Hester, Jim Puga, Hollynd... View More

1 Answer | Asked in Personal Injury, Civil Rights and Health Care Law for Colorado on
Q: How does someone determine if they have a case or not? An what if it is hard to define the significants of case

Exposure to a decomposed body with documented evidence causing prenatal problems and premature birth.

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 11, 2023

Call some attorneys to see what they say. This is outside my area of practice. Your questions about significance and whether you have a case are just what lawyers consider when evaluating a potential new client. Beware that statutes of limitations exist, and they can sometimes be very short. So... View More

1 Answer | Asked in Personal Injury and Car Accidents for Colorado on
Q: can i sue the spouse of the at fault driver if the accident exceeds the policy limit?

the insurance company has offered and said the only amount they can agree to is the policy limit. my pain and suffering, income loss, and medical bills exceed this amount. I know that the at-fault has his spouse on his car insurance so i am wondering if i can go after her policy or if its not... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 3, 2023

The answer is probably no. But you should consult with a lawyer about this. Lawyers who represent people who are hurt in car crashes should try to locate all available insurance. And, depending on the unique facts of your case, there's a possibility that you have a chance to recover from a... View More

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for Colorado on
Q: How do i find pro bono help for criminal appeal?

I am a close friend to D.S., who was convicted of 1st degree murder in Boulder County CO and sentenced to life without. I may be biased as her friend, but in talking to her public defender, a lot of evidence was not allowed to enter the court that could've made the difference. The DA was... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Mar 8, 2023

Your friend is in good hands with the Colorado Public Defender's statewide felony appeals team. They have stellar, well-trained lawyers who are at the top of their game for felony appeals.

1 Answer | Asked in Criminal Law, Elder Law, Estate Planning and Personal Injury for Colorado on
Q: I have a serious case of elder abuse, robbery, theft, financial exploitation. Plus inheritance stolen...??.... Contingen

What do I do? No one seems to want to help me. Will was redone misspelling my father's name. This was done 3 months before he died at 82 with a brain tumor 3 other forms of cancer with radiation treatments. Found out there was a reverse mortgage put on the house for $1,140,600. On October 20,... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 1, 2022

You need to call an attorney to protect your rights. Attorneys in Burg Simpson’s commercial litigation department may be able to help. Additionally, attorneys who litigate probate cases involving estate planning/wills/trusts may be able to help. Bottom line: you should call an attorney.... View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Colorado on
Q: I have accident I fold down from roof and I don't have any insurance with me so my question is if I can make claim

So I want to know if I can make claim at the insurance of the house

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Dec 1, 2022

If you were working for someone else or on someone else’s property, you may have a claim. If you were injured on the job, you should probably call a worker’s compensation lawyer. If you not working when you were injured, for instance, if you were helping a friend with their roof, you should... View More

1 Answer | Asked in Criminal Law for Colorado on
Q: I have been accused of causing an accident that left my son dead and other people injured but I was avoiding another car

I happened to swerve my car so that I could avoid accident that I crossed the median and hit another oncoming car. I have been held liable and the police was told that I was driving on the wrong side of the road when this happened,which wasn't true. I am seeking legal advice

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Jun 13, 2020

Hire a lawyer. I don’t practice criminal defense. But I have some experience in that area. You need to get a lawyer and quit posting about your case in public arenas, like this. If you cannot afford a lawyer, apply for a public defender. You need a lawyer asap.

1 Answer | Asked in Criminal Law and Traffic Tickets for Colorado on
Q: Is it illegal to block a road? If so, then is it illegal to hit someone blocking the road? Does speed matter?

After seeing the footage of a lady in denver swerving to hit a protester, I wondered what kind of legal trouble that person could get into.

If I am driving on the highway at 65 MPH and someone leaps in front of my car, I would assume I wouldn't be charged with manslaughter. Does the... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Jun 2, 2020

There's a "last clear chance" doctrine that says, basically, if you can avoid a crash or if you can avoid hitting the person, then it's illegal. The video you refer to involved a driver who appeared to purposely hit the person. If it can be proved in court that she did so on... View More

1 Answer | Asked in Civil Litigation for Colorado on
Q: Can Park County close all short term Rentals (530)? Could this be unconstitutional or considered “regulatory Taking”.
Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 14, 2020

It depends. If this is related to a worldwide pandemic, in which the county is exercising its Constitutional power to protect the public health, the answer is likely yes to your first question. The Colorado Supreme Court has not weighed in directly on the constitutionality of the various public... View More

1 Answer | Asked in Contracts, Products Liability and Gaming for Colorado on
Q: I pre-ordered something and was only told by the end of the month that the order was pushed back

nvm disregard

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 12, 2020

First, I practice in Colorado and not in Texas and I'm not your attorney, so this is intended as general advice and I would suggest you contact a Texas attorney if you determine you need one. However, you posted this in a Colorado forum. So I'm assuming you're in Colorado.... View More

1 Answer | Asked in Employment Law and Health Care Law for Colorado on
Q: Can my job ask and share health questions and personal identifying information?

My job started asking screening questions such as temperature, presence of any of the following: cough, chills, lack of taste or smell, fever, nausea, vomiting, or diarrhea. They record responses, as well as first and last name, and department that I am employed by. This information is supposed to... View More

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 11, 2020

The HIPAA laws regarding the COVID-19 pandemic have been changed. This is a question you'll want to talk directly to a lawyer about. Off-hand, I can think of serveral facts that are not included in your query that could change the answer. The Colorado Bar Association (www.cobar.org) can... View More

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