Colorado Personal Injury Questions & Answers
Q: Can the police illegally enter my home and take my husband's 2 service animals and sell them through the Humane Society?
2 Answers
| Asked
in
Personal Injury, Animal / Dog Law, Civil Rights and Federal Crimes
for
Colorado
on
Answered on Jan 29, 2019
Answered on Jan 29, 2019
Juliet Piccone's answer
This is not the type of question that can be answered without more information. I would highly recommend that you contact an attorney who handles these matters on a regular basis. In general, when a disabled person is incarcerated the police can impound service dogs unless the disabled person's condition absolutely cannot be ameliorated by other means, for example a person or medication that the jail would have to supply. Every jurisdiction is different as far as what notice needs to be...
This is not the type of question that can be answered without more information. I would highly recommend that you contact an attorney who handles these matters on a regular basis. In general, when a disabled person is incarcerated the police can impound service dogs unless the disabled person's condition absolutely cannot be ameliorated by other means, for example a person or medication that the jail would have to supply. Every jurisdiction is different as far as what notice needs to be...
Q: Can a county plow truck legally block my right of way access without reasonable effort to mitigate?
Peter N. Munsing's answer
Seems they'd be violating their own regulations. However if you live on a country road not too sure if you want to get in a tussle with the folk you want to plough your road.
Seems they'd be violating their own regulations. However if you live on a country road not too sure if you want to get in a tussle with the folk you want to plough your road.
Q: Truck pulling from stop sign throws up a rock and chips the window of car behind. is first car liable for $$?
Peter N. Munsing's answer
I'm with the car owner, but they have to show you were careless in how you pulled away or didn't have mudflaps etc.
I'm with the car owner, but they have to show you were careless in how you pulled away or didn't have mudflaps etc.
Q: Can a person be banned from a public space by an informal administrative order?
2 Answers
| Asked
in
Civil Litigation, Criminal Law, Gov & Administrative Law and Personal Injury
for
Colorado
on
Answered on Jan 23, 2019
Answered on Jan 23, 2019
Peter N. Munsing's answer
Assuming the library owns its building they can decide who to admit. You can contact the Colorado Civil Liberties Union but I don't see that they couldn't, especially if you appeared to violate their rules for conduct or use of materials.
Assuming the library owns its building they can decide who to admit. You can contact the Colorado Civil Liberties Union but I don't see that they couldn't, especially if you appeared to violate their rules for conduct or use of materials.
Q: Can a relative be given Power of Attorney, to help another relative in a different state.
1 Answer
| Asked
in
Personal Injury, Car Accidents, Estate Planning and Family Law
for
Colorado
on
Answered on Jan 3, 2019
Answered on Jan 3, 2019
Robert D. Kreisman's answer
The first issue is whether the injured party is of sound mind and memory and/or has the capacity to sign a POA. If the injured person hires an attorney, then that attorney would be empowered by the attorney-client contract in most instances to handle most of the issues you raise excepting the decisions on health care. I believe that a POA for health care signed in another state or jurisdiction would likely be honored in another state. By all means check with an attorney in your area who...
The first issue is whether the injured party is of sound mind and memory and/or has the capacity to sign a POA. If the injured person hires an attorney, then that attorney would be empowered by the attorney-client contract in most instances to handle most of the issues you raise excepting the decisions on health care. I believe that a POA for health care signed in another state or jurisdiction would likely be honored in another state. By all means check with an attorney in your area who...
Q: How would I go about having a lawyer ready to use in case i every needed one.
2 Answers
| Asked
in
Consumer Law, Criminal Law, Personal Injury and Tax Law
for
Colorado
on
Answered on Nov 24, 2018
Answered on Nov 24, 2018
D. Mathew Blackburn's answer
It's always better if you can build a professional relationship before the disaster strikes.
My suggestions would be to call them up and talk to them. Sign an agreement. Put down a retainer of an agreed upon amount. If anything happens you have a lawyer retained and they know they'll get paid.
Some attorneys won't do this at all because they don't want to be responsible for representing you for whatever; they want to know what they're getting into. Others will likely charge...
It's always better if you can build a professional relationship before the disaster strikes.
My suggestions would be to call them up and talk to them. Sign an agreement. Put down a retainer of an agreed upon amount. If anything happens you have a lawyer retained and they know they'll get paid.
Some attorneys won't do this at all because they don't want to be responsible for representing you for whatever; they want to know what they're getting into. Others will likely charge...
Q: What documents do I need to apply for a fiance visa ?
Peter N. Munsing's answer
There is no such thing as a fiance visa other than one for those who intend to marry within 90 days. there are a number of other requirements . These days it is very, very difficult.
Here's what the government says:
https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html
If you are serious about this it is worth paying for...
There is no such thing as a fiance visa other than one for those who intend to marry within 90 days. there are a number of other requirements . These days it is very, very difficult.
Here's what the government says:
https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens
https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html
If you are serious about this it is worth paying for...
Q: Is it unlawful to tell somebody in by way of publication, I will sqeeze it out of you...
1 Answer
| Asked
in
Criminal Law, Personal Injury, Domestic Violence and Federal Crimes
for
Colorado
on
Answered on Oct 27, 2018
Answered on Oct 27, 2018
John Kenneth Joyner's answer
If you feel you are being threatened you can contact local law enforcement and let them decide if there is probable cause to charge the person with a crime.
You can also make a copy of the threats and take them down to the courthouse to request a temporary protection order. You can then request a hearing to have the order made permanent. You will be required to have the paperwork served on the restrained party before the permanent protection order hearing.
If you feel you are being threatened you can contact local law enforcement and let them decide if there is probable cause to charge the person with a crime.
You can also make a copy of the threats and take them down to the courthouse to request a temporary protection order. You can then request a hearing to have the order made permanent. You will be required to have the paperwork served on the restrained party before the permanent protection order hearing.
Q: I hit a cow on hwy281north at nighttime my car was totalled what is the animals owners liability?
1 Answer
| Asked
in
Personal Injury, Agricultural Law and Car Accidents
for
Colorado
on
Answered on Oct 11, 2018
Answered on Oct 11, 2018
Peter N. Munsing's answer
I've been successful in getting compensation from the owner's insurance. If you have collision let your company handle it and go after the owner. If you were injured, then contact a member of the Colo. Assn for Justice. They give free consults.
I've been successful in getting compensation from the owner's insurance. If you have collision let your company handle it and go after the owner. If you were injured, then contact a member of the Colo. Assn for Justice. They give free consults.
Q: If I sell my granddaughter My vehicle on payments. And the title remains in my name.
1 Answer
| Asked
in
Car Accidents, Personal Injury and Small Claims
for
Colorado
on
Answered on Sep 4, 2018
Answered on Sep 4, 2018
Peter N. Munsing's answer
possibly. You'd want insurance because if she lets it drop, has a wreck, as the owner of an uninsured vehicle you can be on the hook for all the damages she causes.
possibly. You'd want insurance because if she lets it drop, has a wreck, as the owner of an uninsured vehicle you can be on the hook for all the damages she causes.
Q: If voice recording a doctors visit, does the doctor need to be notified in the state of Colorado to use it in court?
1 Answer
| Asked
in
Personal Injury, Workers' Compensation and Medical Malpractice
for
Colorado
on
Answered on Jul 25, 2018
Answered on Jul 25, 2018
Peter N. Munsing's answer
Why not discuss this with your attorney. It does mean that many doctors may shy away from treating you so you'd really need to consider if there are other ways to get the same information.
Why not discuss this with your attorney. It does mean that many doctors may shy away from treating you so you'd really need to consider if there are other ways to get the same information.
Q: In Colorado, can someone who loses a civil lawsuit related to a car crash lose their home and retirement savings?
Peter N. Munsing's answer
First, talk to your agent. Generally, in a wreck, only the driver can be sued. In some states jointly held property can't be gotten if someone were to win. Unless the person is totaled, the plaintiff will settle for less than $500,000 unless they are a 30 year old skilled laborer and have multiple fractures. If you can afford the umbrella, then sounds like that may be worth the peace of mind you wish.
First, talk to your agent. Generally, in a wreck, only the driver can be sued. In some states jointly held property can't be gotten if someone were to win. Unless the person is totaled, the plaintiff will settle for less than $500,000 unless they are a 30 year old skilled laborer and have multiple fractures. If you can afford the umbrella, then sounds like that may be worth the peace of mind you wish.
Q: If my ex cohabitation has custody of son but third time found guilt of DV assault goes to jail sign custody to new fema
1 Answer
| Asked
in
Divorce, Family Law, Personal Injury and Child Custody
for
Colorado
on
Answered on Apr 26, 2018
Answered on Apr 26, 2018
Stephen J. Plog's answer
He shouldn't be able to just sign custody over to another person. More information is needed and you should consult with a family law attorney to assess if married, your rights, options, etc. If not married any property issues would be civil.
He shouldn't be able to just sign custody over to another person. More information is needed and you should consult with a family law attorney to assess if married, your rights, options, etc. If not married any property issues would be civil.
Q: I am disabled, how to apply for pro bono attorney with free of charge?
Peter N. Munsing's answer
If you were hurt in a wreck contact a member of the Colorado Justice Assn--they give free consults, will represent you on the basis they only get paid when they get money for you.
If you were hurt in a wreck contact a member of the Colorado Justice Assn--they give free consults, will represent you on the basis they only get paid when they get money for you.
Q: Can a company that sells a facial product be held liable for a chemical burn to the eye even if there is a warning?
Peter N. Munsing's answer
Talk to a member of the Colorado Assn for Justice--they give free consults. Argue that it was not of a consistency that you can avoid having it run into your eyes. Check with the FDA and CPSC to see if other complaints.
Above all save the tube/bottle, packaging, receipt. Get follow up medical care with an opthamologist (MD) NOT an optometrist.
Talk to a member of the Colorado Assn for Justice--they give free consults. Argue that it was not of a consistency that you can avoid having it run into your eyes. Check with the FDA and CPSC to see if other complaints.
Above all save the tube/bottle, packaging, receipt. Get follow up medical care with an opthamologist (MD) NOT an optometrist.
Q: If I have to drive my personal car for a work purpose and I get in an accident is my employer liable for the damages?
Peter N. Munsing's answer
They are correct, though morally as you were using your car they should at least pay for the deductible. If you were hurt it is a workers compensation injury.
They are correct, though morally as you were using your car they should at least pay for the deductible. If you were hurt it is a workers compensation injury.
Q: Does CRS 24-4.1-101 Crime Victim Compensation Act apply to a victim who was hit by a vehicle while riding their bicycle.
Peter N. Munsing's answer
Generally yes. Contact a member of the Colo Assn for Justice in the county where the run-down happened. They give free consults.
Generally yes. Contact a member of the Colo Assn for Justice in the county where the run-down happened. They give free consults.
Q: Can I file a claim against an insurance company after a case is settled in arbritration?
Peter N. Munsing's answer
You either had an attorney or it was inter company arbitration. If you don't have an attorney contact a member of the Colo Assn for Justice--they give free consultations.
You either had an attorney or it was inter company arbitration. If you don't have an attorney contact a member of the Colo Assn for Justice--they give free consultations.
Q: My wife was convicted of dv against me. I want to sue her. How do I go about This?
Peter N. Munsing's answer
Contact a divorce/familly law attorney. You want to get out of the entire deal and this is relevant. You have a claim for your injuries and property damage.
Contact a divorce/familly law attorney. You want to get out of the entire deal and this is relevant. You have a claim for your injuries and property damage.
Q: Can I sue a ex employer for a injury that happened a few years ago who had me say I was not at work when it occured
1 Answer
| Asked
in
Employment Discrimination, Employment Law, Personal Injury and Workers' Compensation
for
Colorado
on
Answered on Aug 30, 2017
Answered on Aug 30, 2017
Tristan Kenyon Schultz's answer
Talk to an employment lawyer about the specifics of your case. Be warned, you will have an uphill battle counter your prior statement that the injury did not occur at work. There is case law that does protect employees who are forced to not report an injury in the workplace for fear of discipline/dismissal by the employer, but these cases are restricted to clearly documented threats by the employer. Also be aware that worker's compensation claims usually expire 2 years from injury.
Talk to an employment lawyer about the specifics of your case. Be warned, you will have an uphill battle counter your prior statement that the injury did not occur at work. There is case law that does protect employees who are forced to not report an injury in the workplace for fear of discipline/dismissal by the employer, but these cases are restricted to clearly documented threats by the employer. Also be aware that worker's compensation claims usually expire 2 years from injury.
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