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Colorado Personal Injury Questions & Answers
1 Answer | Asked in Medical Malpractice and Personal Injury for Colorado on
Q: In dental malpractice cases does statutes begin at the time of discovery if discovery isn’t until 3 years later?

I discovered bone loss in my jaws 3 years after my treatment because the dentist continued to adjust my dentures for 1 1/2 years )due to an error when making impressions) and then decided I couldn’t wear dentures after all bcuz I was a rare person who couldn’t wear them and needed implants... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 13, 2020

A Colorado attorney could advise best, but your question remains open for two weeks. Until you are able to consult with a Colorado attorney, a general premise applied in many jurisdictions that observe a discovery rule in med mal cases is that the clock starts running from when something was... Read more »

1 Answer | Asked in Employment Law and Personal Injury for Colorado on
Q: My employer agreed to do a Covid study with a college in Fort Collins Co. The study was for 8 weeks one nasal test per

Week.We were asked to sign a permission form that clearly stated it was voluntary.

However the employer told employees that if we refused the testing we would be taken off the schedule. This does not allow us to make decisions about our own bodies.Thank You

Tim Akpinar
Tim Akpinar answered on Oct 12, 2020

A Colorado attorney could advise best, but your post remains open for two weeks. In terms of the personal injury aspects of the matter, it does not appear to be something that would form the basis for a personal injury claim. Such a claim would require the element of damages. And if participants... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: Should I settle for the 1st amount offered for an accident if I don't feel right about it?

I was rear ended as a passenger at a traffic light. I now have major back problems. There were 3 others in the vehicle but it appears I was injured the worse. The accident happened in Colorado but I reside in Las Vegas. Since I was not going to the doctor on a regular basis, my attorney wants me to... Read more »

Jeremy Rosenthal
Jeremy Rosenthal answered on Sep 29, 2020

You should get a ere consultation with another Colorado lawyer and hopefully that can help put you at ease.

1 Answer | Asked in Civil Litigation, Criminal Law and Personal Injury for Colorado on
Q: My elderly mostly father in-law insists on keeping a hand-gun on him at all times in spite of 2 Drs. say he should not

Am I liable if he shoots someone by accident? He is "mostly" blind. We have tried to take them away, but it is on his person. We took several away and had the long conversation about why it is a bad idea, but he insists he must have it for safety. My wife and I manage his care and will... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 12, 2020

A Colorado elder law attorney could probably answer your question better than a personal injury attorney. You could reach out to one and discuss your role in the person's life. In addition to your liability which you ask about, you could discuss other serious issues here. If he is "mostly... Read more »

3 Answers | Asked in Personal Injury for Colorado on
Q: My wife was in a car accident in Jan 2020 where the other driver ran a red light and was cited. She hasn't worked since,

Things are getting bad financially. She's seen quite a few MDs and therapists. She gets some relief but in a few days is back to very bad pain. The only job she studied for and worked for 25 + years is dental hygiene amd working in that position now is impossible due to her pain. We retained... Read more »

Benjamin T. Norton
Benjamin T. Norton answered on Aug 29, 2020

MMI is more of a worker's comp term rather than personal injury. As stated above, it is not required. However, your wife's settlement with the third party insurance company is a lump sum payment. So typically it's best to wait until treatment is finished so that the attorney and her... Read more »

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1 Answer | Asked in Personal Injury for Colorado on
Q: My father Sue's a doctor for malpractice. The state has a cap. Doesn't even cover the medical bills can I personally sue

I was wondering if I can sue for personal damages

Tim Akpinar
Tim Akpinar answered on Aug 22, 2020

A Colorado attorney could answer best, but your question remains open for a week. What you describe is part of the "tort reform" measures applied to medical malpractice cases across the nation, with each jurisdiction applying its own particular guidelines. As a GENERAL measure across the... Read more »

1 Answer | Asked in Personal Injury for Colorado on
Q: Does Colorado require insurance companies to pay sales tax in vehicle settlement?

If my vehicle was valued at $8000, does CO require they pay the additional $568 (7.01%) to cover taxes of replacement purchase?

Tim Akpinar
Tim Akpinar answered on Jul 20, 2020

This is really something that only a Colorado attorney could advise on. But your question remains open for a month. Here on Justia are some resources on Colorado law for property damage claims practices that anyone could find on the Internet -... Read more »

2 Answers | Asked in Personal Injury for Colorado on
Q: If my injury is small, such as a first degree burn, do I still have to report it?

It's a minor burn and didn't even blister. I'm not sure it qualifies as an "injury".

Justin McMinn
Justin McMinn answered on Jul 15, 2020

Personal injury cases typically involve injuries that require medical treatment provided by a licensed professional.

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1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Domestic Violence for Colorado on
Q: Can a 17 year old press charges on a 20 year old without parental consent or do the parents need to approve?

So my sister is 17 and we’ve been fighting a lot. I’m 20 and she tells me if I get into a physical altercation with her she’ll press charges. We live in the same house but the address on my ID is different. Can I get into trouble for physically fighting with her? I also have a daughter so if... Read more »

Sabra M. Janko
Sabra M. Janko answered on Jul 8, 2020

Anyone can report a crime to the police.

Q: If I was hurt at work by another employee do I still qualify for no fault work coverage for my medical bills?
Tim Akpinar
Tim Akpinar answered on May 18, 2020

It could depend on the circumstances. If you consulted with a workers' comp attorney, they would be in the best position to evaluate your situation. There are certain types of injuries not covered, and a WC attorney would have better insight into this than personal injury attorneys. It's... Read more »

3 Answers | Asked in Personal Injury for Colorado on
Q: In Colorado if your boss physically attacks you while you are at work can you sue the company?
Nelson Patrick Boyle
Nelson Patrick Boyle answered on May 11, 2020

It depends. Before I answer that, there are some things you should do.

If you are physically attacked: First, get to a safe place. Second, call the police don't resort to "self-help" by escalating the situation or retaliating. Third, if your "boss" is not your HR...
Read more »

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4 Answers | Asked in Personal Injury and Animal / Dog Law for Colorado on
Q: If the smell of a llama causes a unusually allergic reaction to an adjacent neighbor can their be a remedy to alleviate

If someone has numerous llamas that stink a smell what can a neighbor do?

Kristina M. Bergsten
Kristina M. Bergsten answered on Apr 21, 2020

The neighbor can file what’s called a nuisance lawsuit against the neighbor with the llamas. It is a civil lawsuit that would have to be filed in District Court where the llama property is located.

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1 Answer | Asked in Criminal Law, Federal Crimes and Personal Injury for Colorado on
Q: Is blasting an air horn outside of an elderly handicapped persons dwelling on a daily basis considered assault?
Courtney Edwards
Courtney Edwards answered on Apr 14, 2020

Potentially. Criminal assault occurs when a person knowingly or recklessly causes bodily injury to another person. Bodily injury is defined as physical pain, illness, or any impairment of physical or mental condition. More likely though, this is a noise violation - either Disorderly Conduct... Read more »

1 Answer | Asked in Personal Injury and Products Liability for Colorado on
Q: My father was injured. An automatic door in a hospital bathroom threw him and caused a bunch of bruising. What can he d

This happened on March 23, 2020. He hasnt been able to walk right since. He went to the ER where he was treated for his pain. He is waiting to get an appointment with a neurologist.

James Avery
James Avery answered on Apr 10, 2020

Of course the matter should have been reported and recorded in the medical record. Get a copy and expect a call from Risk Management. Beware of quick settlements if there is possible long term disability and even future surgery. Settlements are final. You have 6 months to file a formal claim if a... Read more »

1 Answer | Asked in Personal Injury for Colorado on
Q: I was published in the local newspaper blotters briefs for motor vehicle theft however that was not my charge

It was brought to my attention by a co worker

James Avery
James Avery answered on Apr 5, 2020

You can contact the news organization and ask for a correction. If you lose your job or some significant injury, then talk to a defamation lawyer.

1 Answer | Asked in Personal Injury for Colorado on
Q: my son was hit in the face by another with ice that cut deep and will scar him, the other student has a history of viole

similar incidences precede this one with violent behavior from this student. She was also pushing my son to the ground and he was telling her not to throw ice, as he was getting up she wound her hand back to throw some more and sliced him in the face by his mouth. considering the other students... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 21, 2020

You might have a situation where the school did not provide adequate supervision. You could contact a Colorado attorney to discuss the matter in further detail and look into the school's practices for supervising groups of children during recesses and other recreational periods. I hope your... Read more »

1 Answer | Asked in Personal Injury for Colorado on
Q: Can I get emancipated in my situation? what are the steps I have to take? And how long will it take?

I’m 15 years old I haven’t been going to school for a year now and I also haven’t been living with parents for a year.i have chosen to leave my home because of some Physical abuse and negligence I am currently not going to school because my parents didn’t want to enroll because of family... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 11, 2020

I'm sorry for the difficult position you are in. But this probably isn't something that lawyers in the Personal Injury section would be experienced in. You might have better chances of getting meaningful input if you reposted your question under Family Law, Juvenile Law, Education Law,... Read more »

1 Answer | Asked in Personal Injury and Criminal Law for Colorado on
Q: I was assaulted by 2 individuals in a retail store in Greeley CO. What are my rights?

I would rather talk to a lawyer about the details.

Brian Michael Bradford
Brian Michael Bradford answered on Feb 12, 2020

I am sorry to hear about what happened to you. First, we always suggest contacting the police so that criminal charges can be pursued. From a civil liability standpoint, a lawyer would need to know more facts about how the assault happened to make any determination about a civil claim.

1 Answer | Asked in Personal Injury for Colorado on
Q: My son is enrolled in an automotive class at a technical college. The instructor makes inappropriate comments.

He is vulgar and unprofessional. Do I have grounds for sexual harassment charges?

Tim Akpinar
Tim Akpinar answered on Feb 8, 2020

There is a section on this Question & Answer Board for Sexual Harassment. You could contact one of the Colorado lawyers who practice in that area (see the Find a Lawyer tab above to the left), or you could contact a lawyer you find through your own independent search to discuss the matter. You... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: Hi i was in a car accident in Feb. 2018, n I am getting mail that I have to pay $40,000 worth of damages, do I negociate

I was really badly hurt, but officer gave me ticket I slid in ice and went to court, but was not in right state of mind when going to courts

Peter N. Munsing
Peter N. Munsing answered on Jan 20, 2020

It sounds like you were sued and served with papers? You really need to get your insurance involved. If you received suit papers and you don't have insurance you need to make sure you don't get a default by filing an Answer and entering your appearance "pro se." Check with the... Read more »

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