...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?
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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... View More 
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answered on Nov 13, 2023
It should also be noted that different statutes of limitations will apply to different types of claims. IE, a personal injury case will be treated differently than a breach of contract case. Further, fraud can be a factor in when the SOL starts to run.
This issue confuses a lot of... View More
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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... View More
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
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)... View More
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?
answered on Sep 16, 2023
It could be difficult to predict what an aggressive and determined plaintiff would choose to pursue - depending on what theory they might present in a given lawsuit. A starting point could be to consult with an insurance professional to get a handle on premiums for different scopes and levels of... View More
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?
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
Law enforcement nor myself was contacted
answered on Sep 16, 2023
This can be too complex and involve too many variables for a brief, off-the-shelf response on a public forum. Consider arranging a free initial consult with a Colorado attorney. It could be better if you act sooner than later - if you're dealing with public school systems, you could be looking... View More
Law enforcement nor myself was contacted
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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... View More
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
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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... View More
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.
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
he knew it would be dangerous and lied to me about the car only for me to be poisoned and im the one paying the price with my life. he was aware of the potential dangers and lied and hid them using deception to sell the car to me is this somerthing i should be taking legal action with he knew what... View More
answered on Apr 27, 2023
A Colorado attorney could answer best, but your question remains open for three weeks. The cost of investigating the matter in terms of an expert examining the vehicle, conducting depositions or other fact-finding, etc. could exceed the cost of repairing the vehicle. If you consulted with a... View More
This is assuming the jumper survives and is in a condition in which they can appear at court
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answered on Apr 4, 2023
This is a pretty crazy and awful hypothetical for sure. In some jurisdictions, the jumper might be charged with manslaughter or another form of homicide. Manslaughter generally involves causing the death of another person without intending to kill them, which could be applicable in this situation.... View More
This is assuming the jumper survives and is in a condition in which they can appear at court
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answered on Apr 4, 2023
Agreed. This is an awful hypothetical but something you may see in a law school practice book. I will approach this as if it could be a practice question for law school. Please note that I do not practice criminal law but I am always up for a lively discussion.
If there is no intent to... View More
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?
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... View More
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... View More
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... View More
Then ask for an EUO almost 8 months later? They did not ask for EUO with in 15 days. The claim has now drug out to be eight months long. We just received one small payment, and they are not wanting to pay out the rest of the claim which is substantial.
According to our declarations. We feel... View More
answered on Mar 4, 2023
A Colorado attorney could advise best, but your question remains open for a week. More details are needed about the carrier's need for the EUO. You raise a good point. If the claim appears to be turning contentious, you could explore representation. Most injury law firms offer free initial... View More
answered on Mar 2, 2023
A certificate of service is filed with a court to show that documents related to the case have been mailed to the opposing party (or opposing counsel).
This is different than saying that a party has been properly served the summons to initiate the case. It could be different in your state,... View More
The Colo. Vilage collaborative, compensated others some of which had no prop loss. Yet cut ties with myself and a handful of others completely.i filed claim with their ins.provider who stated they had lapsed ,had consumer advocate entity liasion to no avail. And have been trying to get legal help... View More
answered on Feb 17, 2023
A Colorado attorney could advise best, but your question remains open for three weeks. I'm sorry for your property damages. At this point, you could try to set up a free initial consult with attorneys who handle property and casualty claims. If nothing else, you could learn the timelines that... View More
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answered on Feb 1, 2023
It depends. Determining where a case must be brought, can be brought, and who can practice in front of those courts is a question of law. Therefore, you need to talk to an attorney, maybe in both states.
That being said, here are a few comments to aid in your search for an attorney.... View More
I was in the right of way and the other party was determined at-fault and ticketed by the police. I was injured and accrued hospital bills $$$ and my car was totaled. The other party's insurance co. insists that they are only 80% liable and hold that I should be liable for 20% of the damages... View More
answered on Jan 23, 2023
A Colorado attorney could advise best, but your question remains open for two weeks. As a general rule nationwide, clients can dismiss an attorney (and vice versa, for the most part.) It's possible (subject to a state's rules) that an outgoing attorney could assert a lien on the case for... View More
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