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Questions Answered by Nelson Patrick Boyle
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.... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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,... Read more »

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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... Read 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... Read 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... Read 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... Read 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... Read 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,... Read 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.... Read 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... Read 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... Read 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... Read 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... Read 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.... Read 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... Read 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... Read more »

1 Answer | Asked in Civil Litigation for Colorado on
Q: I co-signed a two party insurance payment, approx $6,000 to a vendor for claim repair.

The vendor I chose has an Eviction notice on the door of his of operation. I spoke with him and he says he's looking for another location to service RV repairs. I'm not comfortable continuing to do business with this vendor. The Hartford Insurance Company seems to be avoiding my concern... Read more »

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

You probably want to talk to an attorney about this. To fully answer the question, the attorney would need more information. For instance, the attorney will need: any contracts signed with the business, releases or other things you've signed, background on why the Hartford is involved and... Read more »

3 Answers | Asked in Personal Injury for Colorado on
Q: In Colorado if your boss physically attacks you while you are at work can you sue the company?
Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 11, 2020

It depends. Before I answer that, there are some things you should do.

If you are physically attacked: First, get to a safe place. Second, call the police don't resort to "self-help" by escalating the situation or retaliating. Third, if your "boss" is not your HR...
Read more »

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1 Answer | Asked in Civil Litigation and Small Claims for Colorado on
Q: Can you sue an undocumented immigrant in small claims court?
Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Oct 4, 2019

Ostensibly, yes. Just like any case, the constitution and the court rules require that you have to serve the person with the lawsuit. If you succeed, then you can proceed. Many small claims courts have "law clinics" for people representing themselves. There's some forms and resources... Read more »

1 Answer | Asked in Appeals / Appellate Law for Colorado on
Q: How do I ask for more time to appeal?

The district court mailed my final order to the wrong address (street address instead of my PO Box) and I still haven't received it! My 49 day deadline to appeal is in 4 days.

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Sep 27, 2019

I urge you to call an appellate attorney. Depending on your ability to pay for an attorney, you may be able to hire one on an hourly or flat fee basis or you may qualify for a public defender or alterternative defense counsel (if it's a criminal case) or there may be some services out there to... Read more »

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