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Colorado Personal Injury Questions & Answers
3 Answers | Asked in Personal Injury for Colorado on
Q: I am reading CO Rev Statute 10-4-609 (UM/UIM) as my Insurance Co cannot "offset" what the at vault party's Insurance Co.

has paid in settlement. Am I correct? ie, At fault drivers insurance policy paid full amount of coverage $100,000.00. My future medical cost will be greater than that.

Thank you both for quick responses. So here is my scenario.

At fault party's insurance has paid policy max of... Read more »

Benjamin T. Norton
Benjamin T. Norton answered on Sep 3, 2019

I understand why you might think that but unfortunately that is not the case. 1(c) states that UM/UIM "shall cover the difference, if any, between the amount of the limits of any legal liability coverage and the amount of the damages sustained." The statute recognizes that one may be fully... Read more »

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1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for Colorado on
Q: E.D. nurse after my son died said to me, "cry me a river about your son." This has increased my grief.

Also gave me a shot in bicep instead of deltoid pain in right arm since.

Tim Akpinar
Tim Akpinar answered on Aug 28, 2019

I'm very sorry for your loss, and the cruel and heartless things said to you. Contact a Colorado attorney to try to arrange a free initial consult. With further detail and context, an experienced attorney might at least be able to determine if the matter warrants further investigation/review of... Read more »

1 Answer | Asked in Personal Injury for Colorado on
Q: What type of attorney do I need to press charges to a company with employees that did aggravated assault upon me? Thanks

I was riding my motorcycle. I approached road construction stop sign and behind 25 cars plus backup. I used the breakdown lane cautiously to advance to the front of the line of cars.I was running late for volunteer work for Meals on Wheels. I was attempted to be stopped by a opening truck door... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Contact a member of the Colorado Assn for Justice in the county where it happened. They give free consults.

You have an assault & battery case.

1 Answer | Asked in Personal Injury for Colorado on
Q: Injury in Jail

My son was injured in jail resulting in the loss of his eye due to the negligence of the staff there , his pd, and the hospital. Who is the lawyer in the state of Colorado who will take this case. I was told there is only 1 lawyer and he is out of Denver. Can anyone help us in filing a case. Noone... Read more »

Brian Michael Bradford
Brian Michael Bradford answered on Aug 3, 2019

Depending on the facts of your case, there may be an exception to the Colorado Governmental Immunity Act that applies and would you allow to successfully bring a claim. There are also many lawyers who may take your case if they believe there is a chance of success based on the law and the facts.... Read more »

1 Answer | Asked in Business Law, Contracts and Personal Injury for Colorado on
Q: Can the us legally force a person to contract with the dmv
Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 21, 2019

Not nearly enough factual information to answer this question. .

2 Answers | Asked in Personal Injury for Colorado on
Q: ARE THERE ANY LAW FIRMS THAT OFFER FREE LEGAL HELP FOR A DISABLED VET INJURED IN A REAR END COLLISION IN LARIMER COUNTY?
Brian Michael Bradford
Brian Michael Bradford answered on May 3, 2019

Good morning! Our law firm offers a free in-person consultation at your home or a neutral location (coffee shop, library, etc) in Fort Collins. Please feel free to reach out at 303-543-1000 or 970-389-8749 to set one up. We focus on personal injury, including rear-end collisions.

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2 Answers | Asked in Personal Injury, Animal / Dog Law, Civil Rights and Federal Crimes for Colorado on
Q: Can the police illegally enter my home and take my husband's 2 service animals and sell them through the Humane Society?

They are licensed in his name and we were both illegally incarcerated when this was done. The police came in unannounced and attacked my disabled husband with complete disregard for repeated statements about his medical conditions. We were refused medical treatment on video by the officer who... Read more »

Juliet Piccone
Juliet Piccone answered on Jan 29, 2019

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... Read more »

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1 Answer | Asked in Personal Injury for Colorado on
Q: Can a county plow truck legally block my right of way access without reasonable effort to mitigate?

Archuleta County plow trucks regularly deposits snow plow tailings into driveways without even trying to mitigate the amount of tailings deposited/stored in right of way access to any property. I believe this is a life safety hazard. Aren't we protect from this action by law?

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

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.

1 Answer | Asked in Personal Injury and Small Claims for Colorado on
Q: Truck pulling from stop sign throws up a rock and chips the window of car behind. is first car liable for $$?

I say they were too close to the truck that threw the rock up, when accelerating from a stop sign. The road is a rough highway with gravel everywhere along the sides of the road. Thank you!

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

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.

2 Answers | Asked in Civil Litigation, Criminal Law, Gov & Administrative Law and Personal Injury for Colorado on
Q: Can a person be banned from a public space by an informal administrative order?

I have been "banned" from a public library for violating "policies" until I meet certain conditions.

This was decided by a hearing in absentia conducted by the library administration not a hearing officer.

I have been threatened with arrest for trespassing if I set foot in the... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

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.

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1 Answer | Asked in Personal Injury, Car Accidents, Estate Planning and Family Law for Colorado on
Q: Can a relative be given Power of Attorney, to help another relative in a different state.

This is because of a car-pedestrian accident. The injured party needs to hire a PI lawyer, and he isn't well versed in claims and because of the injury, a family member needs to be able to be the contact to assist the lawyer and make medical decisions. Is the dual state a problem?

Robert D. Kreisman
Robert D. Kreisman answered on Jan 3, 2019

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... Read more »

2 Answers | Asked in Consumer Law, Criminal Law, Personal Injury and Tax Law for Colorado on
Q: How would I go about having a lawyer ready to use in case i every needed one.
D. Mathew Blackburn
D. Mathew Blackburn answered on Nov 24, 2018

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...
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1 Answer | Asked in Personal Injury for Colorado on
Q: What documents do I need to apply for a fiance visa ?

I'm on a turist visa . I'm from Costa Rica and my boyfriend from USA .is it inappropriate?

Peter N. Munsing
Peter N. Munsing answered on Oct 28, 2018

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:...
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1 Answer | Asked in Criminal Law, Personal Injury, Domestic Violence and Federal Crimes for Colorado on
Q: Is it unlawful to tell somebody in by way of publication, I will sqeeze it out of you...

In a online smear campaign this guy says I owe him money and he will sqeeze it out of me and he knows where I live and he will get me. Is this criminal harrassment or criminal threat?

John Kenneth Joyner
John Kenneth Joyner answered on Oct 27, 2018

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...
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1 Answer | Asked in Personal Injury, Agricultural Law and Car Accidents for Colorado on
Q: I hit a cow on hwy281north at nighttime my car was totalled what is the animals owners liability?
Peter N. Munsing
Peter N. Munsing answered on Oct 11, 2018

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.

1 Answer | Asked in Car Accidents, Personal Injury and Small Claims for Colorado on
Q: If I sell my granddaughter My vehicle on payments. And the title remains in my name.

If she causes a serious accident. Can I be sued ?

Peter N. Munsing
Peter N. Munsing answered on Sep 4, 2018

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.

1 Answer | Asked in Personal Injury, Workers' Compensation and Medical Malpractice for Colorado on
Q: If voice recording a doctors visit, does the doctor need to be notified in the state of Colorado to use it in court?

I would like to record my doctor visit, However I fear that if I tell the doctor I am recording he will change his tone and not show how he has been truly treating and talking to me. If I record the visit without notifying the doctor can I use it in court or do I have to notify the dr? My state is... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

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.

1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: In Colorado, can someone who loses a civil lawsuit related to a car crash lose their home and retirement savings?

I've been told that your home and retirement savings are protected in the event you lose a civil lawsuit. Is that correct? We have $500,000 per accident coverage in auto insurance and $300,000 coverage in homeowners insurance. I realize that medical bills can be far greater than that in serious... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 25, 2018

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... Read more »

1 Answer | Asked in Divorce, Family Law, Personal Injury and Child Custody for Colorado on
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

Ive filed motions to modify already, ive been alienated went 18 days not seeing talking to my son after we were all living daily life together my name wasn't on the lease so I had to leave, he brings a new female in home can abuser sign custody to her? Also do I file a divorce or in civil in... Read more »

Stephen J. Plog
Stephen J. Plog answered on Apr 26, 2018

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.

1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: I am disabled, how to apply for pro bono attorney with free of charge?

Applies of SOL 3 years or CRS 13 81 103?

Peter N. Munsing
Peter N. Munsing answered on Mar 21, 2018

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.

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