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Colorado Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Colorado on
Q: In Colorado, can a nurse stop life support on patient w/o family's consent legally?

The patient never made a will, nor had a POA. Her immediate family was involved throughout.

Stephen Johnston
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answered on Apr 29, 2024

Based on the information available, it appears that a nurse in Colorado cannot legally stop life support on a patient without the family's consent. The Colorado End-of-Life Options Act provides a path for terminally ill patients to receive aid-in-dying medication from their physicians, but it... View More

1 Answer | Asked in Personal Injury, Products Liability and Small Claims for Colorado on
Q: Is expert testimony necessary in smash claims court
Tim Akpinar
Tim Akpinar
answered on Feb 12, 2024

A Colorado attorney could answer best, but your question remains open for a week. Every state's small claims sections have different rules, but in general, small claims disputes don't usually involve expert testimony. The cases tend to be straightforward, courts want to move them quickly,... View More

2 Answers | Asked in Personal Injury for Colorado on
Q: Can I negotiate a larger settlement than offered by an insurance company that's offering the policy limit?

My wife was killed by a reckless driver. At fault driver's policy limit is 50k. Insurance has offered 50k. Can I negotiate a larger sum through insurance

Michael Joseph Larranaga
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answered on Feb 12, 2024

That is just the amount the insurance will pay on behalf of the driver. But the driver is still liable for the full extent of damages that they caused regardless if the insurance will only pay 50k. You most likely need to determine if the driver has additional assets such as houses, cars, bank... View More

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1 Answer | Asked in Criminal Law, Personal Injury, Civil Rights and Federal Crimes for Colorado on
Q: I'm mentally disabled with Paranoid schizophrenia , Schizophrenia ,PTSD , Bi-Polar 1, multiple personalities.

I've been discriminated against illegally by an entity within the local , county , state , federal government or military Psyops Units. I'm microchipped, transmitted illegally. All areas of life 24/7 for the past 5-6 years. Gangstalking , gangplanking and other illegal military tactics... View More

James L. Arrasmith
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answered on Jan 24, 2024

If you believe you are being targeted and discriminated against, especially due to your mental disabilities, it's important to take steps to address this. The first step would be to document any instances of discrimination or harm you've experienced. This includes taking note of dates,... View More

2 Answers | Asked in Civil Litigation, Health Care Law and Personal Injury for Colorado on
Q: Can people be held liable if they recklessly endanger and cause physical health problems by causing radioactive dirt...

...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?

James L. Arrasmith
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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...
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4 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
T. Augustus Claus
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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...
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4 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
Michael Joseph Larranaga
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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...
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4 Answers | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can the statue of limitations start on when you find out about the issue
Laurence Michael Deutsch
Laurence Michael Deutsch
answered on Dec 4, 2023

You will need an answer from a Colorado attorney. That said, I would get that answer as soon as possible because, at least in New York (my State of practice) and many other states, the time it takes to "discovery" malpractice does not necessarily stop the clock for limitations purposes.... View More

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2 Answers | Asked in Medical Malpractice and Personal Injury for Colorado on
Q: A couple of years ago, I was diagnosed with metastatic prostate cancer. My PC missed it, do I have recourse?

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

John Michael Frick
John Michael Frick
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)...
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2 Answers | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.

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?

Nelson Patrick Boyle
Nelson Patrick Boyle
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

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2 Answers | Asked in Personal Injury and Insurance Defense for Colorado on
Q: I am trying to determine how much personal liability umbrella insurance to have in Colorado.

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?

Tim Akpinar
Tim Akpinar
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

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3 Answers | Asked in Personal Injury and Education Law for Colorado on
Q: Can I sue my sons school for negligence if he was assaulted at school by another student

Law enforcement nor myself was contacted

Tim Akpinar
Tim Akpinar
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

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3 Answers | Asked in Personal Injury and Education Law for Colorado on
Q: Can I sue my sons school for negligence if he was assaulted at school by another student

Law enforcement nor myself was contacted

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Employment Law and Personal Injury for Colorado on
Q: Can I file suit against a restaurant for a supervisor assaulting my son while at work?

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

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: I almost hit a pedestrian, are there repercussions?

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.

Tim Akpinar
Tim Akpinar
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

1 Answer | Asked in Criminal Law and Personal Injury for Colorado on
Q: my stepfather sold me a car that he knew would expose me to ethylene glycol vapor and he lied and hid it from me

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

Tim Akpinar
Tim Akpinar
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

2 Answers | Asked in Criminal Law and Personal Injury for Colorado on
Q: How would someone, attempting to commit suicide, jumped off a building then landed on and killed someone, be tried?

This is assuming the jumper survives and is in a condition in which they can appear at court

Ronald V. Miller Jr.
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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

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2 Answers | Asked in Criminal Law and Personal Injury for Colorado on
Q: How would someone, attempting to commit suicide, jumped off a building then landed on and killed someone, be tried?

This is assuming the jumper survives and is in a condition in which they can appear at court

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Car Accidents, Personal Injury and Employment Law for Colorado on
Q: If a new job is delayed due to an accident can I receive lost wages?

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?

Nelson Patrick Boyle
Nelson Patrick Boyle
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

1 Answer | Asked in Personal Injury for Colorado on
Q: Personal Injury lawsuit question regarding slip and fall on HOA property

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

Nelson Patrick Boyle
Nelson Patrick Boyle
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

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