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Colorado Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Colorado on
Q: In Colorado, can a nurse stop life support on patient w/o family's consent legally?

The patient never made a will, nor had a POA. Her immediate family was involved throughout.

Stephen Johnston
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answered on Apr 29, 2024

Based on the information available, it appears that a nurse in Colorado cannot legally stop life support on a patient without the family's consent. The Colorado End-of-Life Options Act provides a path for terminally ill patients to receive aid-in-dying medication from their physicians, but it... View More

2 Answers | Asked in Personal Injury for Colorado on
Q: Can I negotiate a larger settlement than offered by an insurance company that's offering the policy limit?

My wife was killed by a reckless driver. At fault driver's policy limit is 50k. Insurance has offered 50k. Can I negotiate a larger sum through insurance

Michael Joseph Larranaga
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answered on Feb 12, 2024

That is just the amount the insurance will pay on behalf of the driver. But the driver is still liable for the full extent of damages that they caused regardless if the insurance will only pay 50k. You most likely need to determine if the driver has additional assets such as houses, cars, bank... View More

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1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Colorado on
Q: Is expert testimony necessary in smash claims court
Tim Akpinar
Tim Akpinar
answered on Feb 12, 2024

A Colorado attorney could answer best, but your question remains open for a week. Every state's small claims sections have different rules, but in general, small claims disputes don't usually involve expert testimony. The cases tend to be straightforward, courts want to move them quickly,... View More

1 Answer | Asked in Personal Injury for Colorado on
Q: Does it allow for the entity to transfer the burden of accommodations with bodily injury to deaf attendants?

The city provides free movie nights but doesn't have either open or closed captions for deaf attendants. So they provided a secondary accommodation by giving us an iPad that does captions separately from the movie. However, we had to hold it up in the line of sight with the big screen... View More

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2024

A Colorado attorney could advise best, but your question remains open for three weeks. This could be something that attorneys who work with the ADA (Americans with Disabilities Act) would know better than most personal injury attorneys. There isn't a section here on ADA specialists - although... View More

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Colorado on
Q: I'm mentally disabled with Paranoid schizophrenia , Schizophrenia ,PTSD , Bi-Polar 1, multiple personalities.

I've been discriminated against illegally by an entity within the local , county , state , federal government or military Psyops Units. I'm microchipped, transmitted illegally. All areas of life 24/7 for the past 5-6 years. Gangstalking , gangplanking and other illegal military tactics... View More

James L. Arrasmith
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answered on Jan 24, 2024

If you believe you are being targeted and discriminated against, especially due to your mental disabilities, it's important to take steps to address this. The first step would be to document any instances of discrimination or harm you've experienced. This includes taking note of dates,... View More

2 Answers | Asked in Civil Litigation, Health Care Law and Personal Injury for Colorado on
Q: Can people be held liable if they recklessly endanger and cause physical health problems by causing radioactive dirt...

...and dust to be thrown up into the wind that knowingly fast flows into the neighbors yard and body and house every day purposefully as witnessed by many neighbors?

James L. Arrasmith
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answered on Nov 12, 2023

Yes, people can potentially be held liable for recklessly endangering others and causing health problems through exposure to radioactive materials on their property. Some key points:

- Knowingly allowing radioactive dirt and dust to blow onto a neighbor's property could constitute...
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4 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
T. Augustus Claus
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answered on Nov 7, 2023

The statute of limitations for a personal injury or medical malpractice claim in Colorado can start to run when you discover the injury or malpractice rather than from the date of the injury or malpractice itself. This is known as the "discovery rule."

The discovery rule applies...
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2 Answers | Asked in Medical Malpractice and Personal Injury for Colorado on
Q: A couple of years ago, I was diagnosed with metastatic prostate cancer. My PC missed it, do I have recourse?

I just met with a doctor at RMCC and he informed me that I likely had it for seven-eight years and I'm just now getting treatment for the 8 tumors I have. Do I have a case for malpractice? I feel I should have some funds to compensate for the crap I have to go through now, and expenses that... View More

John Michael Frick
John Michael Frick
answered on Oct 16, 2023

It depends on whether your PCP’s conduct fell below the standard of care.

For most men, prostate cancer screening is recommended starting at age 50. A PSA blood test is effective in screening for prostate cancer but it isn’t 100%.

Questions to ask yourself include:

1)...
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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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3 Answers | Asked in Personal Injury and Education Law for Colorado on
Q: Can I sue my sons school for negligence if he was assaulted at school by another student

Law enforcement nor myself was contacted

Michael Joseph Larranaga
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answered on Sep 15, 2023

There is not enough info here to know anything. How was the school involved, was a teacher involved, did this occur on campus, was it a fight or just a battery, and so on? Liability depends on the underlying facts.

If your kid was seriously injured, you need to talk to an attorney that can...
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3 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for Colorado on
Q: Who is at fault? And how is parking lot accidents disputed?

.

Joel Gary Selik
Joel Gary Selik
answered on Sep 6, 2023

You cannot tell who caused the crash by the extent of the property damage. And you cannot tell fault by what you describe. The question is who should have seen the other. It may have been your fault. Your insurance company will sort it out.

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1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: I was in valves in a accident and I have been made a offer that seems off to me they offered 3000

Offered same for daughter who did not go in ambulance

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2023

A Colorado attorney could advise best, but your question remains open for a week. I'm sorry about your accident. I hope you're both okay. It's difficult for any attorney to offer input without knowing more details about the accident in terms of liability and injuries. If you feel the... View More

1 Answer | Asked in Employment Law and Personal Injury for Colorado on
Q: Can I file suit against a restaurant for a supervisor assaulting my son while at work?

My son was just about to finish his shift and told his supervisor he was about to leave for the day. The supervisor wanted him to stay, and when my son declined, the supervisor slapped him in the face (in front of another supervisor)—neither reported the incident. When he came home, I called the... View More

Michael Joseph Larranaga
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answered on Aug 16, 2023

1st of all you should get an attorney.

2nd, if this was during work hours by a supervisor acting in his supervisory capacity, it would be almost negligent not to look into the employer's liability. They may not be liable but there is a good chance they may be to an extent. You can...
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1 Answer | Asked in Personal Injury, Real Estate Law, Antitrust and Arbitration / Mediation Law for Colorado on
Q: I have lived here 2 years. I am being harassed and evicted. Acute PTSD. No non payment issues. Neighbors like me.

They are retaliating and trying to provoke me so it'll be easier for them to evict.

James L. Arrasmith
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answered on Jul 11, 2023

I am sorry you are dealing with this. You should keep a record of the harassment, talk to the landlord, file a complaint with the housing authority, or consult with an attorney.

1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Wrongful Death for Colorado on
Q: Justice for my son who was wrongfully murdered by a Englewood Police officer. It's being ruled as justified.
Maurice Mandel II
Maurice Mandel II
answered on Jun 9, 2023

This case arises under CIVIL RIGHTS/EXCESSIVE FORCE law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer. CALL AN ATTORNEY NOW!!!!!

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 Car Accidents and Personal Injury for Colorado on
Q: I almost hit a pedestrian, are there repercussions?

I was at a stop sign, there was snow so I was leaning forward to see any cars. As I went to go, I saw a pedestrian crossing. I immediately hit the brakes and she put her hands forward on the truck to stop herself. She walked off and I drove back around to see if she was ok but she was gone.

Tim Akpinar
Tim Akpinar
answered on Apr 30, 2023

A Colorado attorney could advise best, but your question remains open for a week. It sounds like the truck was the vehicle you were driving. It does not seem like there were any injuries, only sticking hands out to brace oneself. It would have been better to ask the person if they were okay, but... View More

1 Answer | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can a provider/specialist do a procedure without an informed consent or discussing/giving information to the patient?

I wanted to know if they are allowed to do this? I never met the doctor before- I was a new patient, ref by primary. He never asked me questions, or did an full exam. I believe he went off of the bad/wrong info his MA wrote. She never let me know he was going to do a procedure or about the... View More

Joel Gary Selik
Joel Gary Selik
answered on Apr 19, 2023

Doctors must get informed consent before doing medical treatment with very few exceptions.

1 Answer | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Doctor did a procedure on me without telling me they were doing it, no info why, didn’t ask if ok & no informed consent

I wanted to know if they are allowed to do this? I never met the doctor before, he never asked me questions, or did an full exam. I believe he went off of the bad/wrong info his MA wrote. She never let me know he was going to do a procedure or about the medication she was putting in me, I was there... View More

Michael Joseph Larranaga
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answered on Apr 20, 2023

While there is likely more to this story if there was no authorization and the operation was performed on the wrong person then it can be a major problem. You need to contact a personal injury attorney to discuss this. Words such as assault, battery, and gross negligence come to mind.

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

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