Colorado Personal Injury Questions & Answers
Q: Can a relative be given Power of Attorney, to help another relative in a different state.
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 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 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 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 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 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 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 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 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 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 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 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.
Q: Can a lawyer call you on your personal phone and at work to collect a personal debt owed to his friend?
1 Answer
| Asked
in
Business Law, Collections and Personal Injury
for
Colorado
on
Answered on Jun 8, 2017
Answered on Jun 8, 2017
Q: My boss had me admitted in er for piss test and i recorded it on my phone. They took blood, did a mri. Where do i go.
1 Answer
| Asked
in
Personal Injury, Civil Litigation, Health Care Law and Medical Malpractice
for
Colorado
on
Answered on May 1, 2017
Answered on May 1, 2017
Peter Munsing's answer
Employer should pay. See if what's on the phone can be downloaded--you want backup copies in case it's erased.
Contact an attorney who handles employment issues for employees --members of the colorado assn for justice give free consults.
Employer should pay. See if what's on the phone can be downloaded--you want backup copies in case it's erased.
Contact an attorney who handles employment issues for employees --members of the colorado assn for justice give free consults.
Q: I recently went to a drive-thru restaurant with my family. I ordered and went to the window to pay.
1 Answer
| Asked
in
Consumer Law, Criminal Law and Personal Injury
for
Colorado
on
Answered on Apr 21, 2017
Answered on Apr 21, 2017
Peter Munsing's answer
You may well have a possible defamation or similar case, so I'd suggest you contact a member of the Colorado Assn for Justice--they give free consults.
You may well have a possible defamation or similar case, so I'd suggest you contact a member of the Colorado Assn for Justice--they give free consults.
Q: Do I have to send my hospital bills to the insurance company or is it their. Responsibilitie to find them?
Tristan Kenyon Schultz's answer
Since it sounds like the insurance company is not your health insurance company, you will need to send the bills (or copies) to the driver's insurance company. This is because the driver's insurance company does not have access to your medical records. You are not required to send the bills to the insurance company if you are planning on suing, but if you are trying to reach an out-of-court settlement, you will likely need to send the bills.
Since it sounds like the insurance company is not your health insurance company, you will need to send the bills (or copies) to the driver's insurance company. This is because the driver's insurance company does not have access to your medical records. You are not required to send the bills to the insurance company if you are planning on suing, but if you are trying to reach an out-of-court settlement, you will likely need to send the bills.
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