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Colorado Personal Injury Questions & Answers
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... Read 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... Read 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... Read 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

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
Read 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

Ronald V. Miller Jr.
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Ronald V. Miller Jr.
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.... Read more »

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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... Read 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... Read 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... Read more »

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Insurance Bad Faith for Colorado on
Q: Can an insurer require an investigation then after the investigation send a payment then after the payment turn around

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... Read more »

Tim Akpinar
Tim Akpinar
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... Read more »

1 Answer | Asked in Contracts, Personal Injury and Products Liability for Colorado on
Q: When you file a certificate of service with the court does that mean you have already serve the papers?
Douglas Phillips
Douglas Phillips
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,...
Read more »

1 Answer | Asked in Personal Injury, Landlord - Tenant and Insurance Bad Faith for Colorado on
Q: Suffered total personal prop loss due to ( cause undetermined) fire mid Sept 2022 ,Entity prop owner, refuses to comp.

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... Read more »

Tim Akpinar
Tim Akpinar
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... Read more »

1 Answer | Asked in Personal Injury for Colorado on
Q: My daughter had a slip and fall accident in Colorado but lives in Florida. Can she retain an attorney in Florida ?
Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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....
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: If I hired a personal injury lawyer after an accident in which I was injured, what if my lawyer isn't doing his job?

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... Read more »

Tim Akpinar
Tim Akpinar
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... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Colorado on
Q: Medical Bills LIEN Question after car accident.

Recently my lawyer got a settlement offer from the other insurance. 1/3 goes to him as we agreed on. And he also said that he will have to pay on my behalf 1/3 in medical bills for all of the visits I went with his network of providers. I thought that the amount was very high and asked him to... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 16, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. You could look into how the fees were computed. Nationwide, when medical providers bill for treatment, they could apply certain fee schedules, whether no-fault, workers' comp, health insurance company's... Read more »

1 Answer | Asked in Consumer Law, Personal Injury and Municipal Law for Colorado on
Q: Yellow water, has a bad smell and when taking a shower causes stinging. Is this normal for colorado springs water?
Tim Akpinar
Tim Akpinar
answered on Oct 20, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. It doesn't sound normal. Shower water isn't supposed to sting. There are law firms that handle toxic tort matters (these are cases that deal with exposure to toxic or hazardous substances). But the first... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: At fault with no insurance and left the scene of the accident. Almost 3 years later she is suing me for over $100,000.

The accident was not major but she is claiming injuries and lost wages. Her insurance company is also listed as a defendant. I am having a hard time finding a lawyer to help me. How do I answer this summons without admitting to such a huge settlement?

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. When you say, "at fault with no insurance and left scene... ," it looks like that could be you?

If that's you (since you mention her listing her insurance company), try to arrange a...
Read more »

1 Answer | Asked in Personal Injury for Colorado on
Q: I was injured in an accident.. apparently my fault. No other party involved. I swerved to miss an oncoming vehicle.

This is not. DUI case. Do you take this kind of case

Tim Akpinar
Tim Akpinar
answered on Jul 2, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. From the description, it isn't clear if you are contemplating a UM (uninsured motorist) claim, based on the unavailability of the other vehicle. One option is to reach out to local attorneys. This is only a... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Landlord - Tenant for Colorado on
Q: I was illegally kicked out of my apartment and would like to sue for being made homeless. What kind of attorney do I nee

I was initially evicted, but worked with another lawyer to get the eviction removed. I still had to leave my apartment with only a days notice and have since been homeless. I would like to sue them, but I am having difficulty finding what type of lawyer I need to find to help me.

Tim Akpinar
Tim Akpinar
answered on May 19, 2022

A Colorado attorney could advise best, but your question remains open for two weeks. I'm sorry this happened to you. You ask what type of lawyer you need. Out of the categories you chose, landlord-tenant is probably the best place to start. Personal injury attorneys aren't likely to have... Read more »

1 Answer | Asked in Health Care Law, Personal Injury, Civil Rights and Medical Malpractice for Colorado on
Q: Can hospital give a woman with contractions ambien tell her" go home sleep it off" "noway ur in labor"

she then gave birth home in bathtub ALONE & hallucinating. records on mychart of visit are not visible if recorded at all. then cps removed child and mother had no golden hour or breastfed baby since birth . thats not even all of what happened . need consiltation asap

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on May 22, 2023

What a horrible experience. I'm sorry you had to go through that. You should call a lawyer who represents clients in medical malpractice cases. There are several firms in Colorado who specialize in that area of law. You might try contacting Cornell Johnson, Mac Hester, Jim Puga, Hollynd... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Doctor did a procedure on me without telling me they were doing it, no info why, didn’t ask if ok & no informed consent

I wanted to know if they are allowed to do this? I never met the doctor before, he never asked me questions, or did an full exam. I believe he went off of the bad/wrong info his MA wrote. She never let me know he was going to do a procedure or about the medication she was putting in me, I was there... Read more »

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2023

While there is likely more to this story if there was no authorization and the operation was performed on the wrong person then it can be a major problem. You need to contact a personal injury attorney to discuss this. Words such as assault, battery, and gross negligence come to mind.

1 Answer | Asked in Personal Injury and Medical Malpractice for Colorado on
Q: Can a provider/specialist do a procedure without an informed consent or discussing/giving information to the patient?

I wanted to know if they are allowed to do this? I never met the doctor before- I was a new patient, ref by primary. He never asked me questions, or did an full exam. I believe he went off of the bad/wrong info his MA wrote. She never let me know he was going to do a procedure or about the... Read more »

Joel Gary Selik
Joel Gary Selik
answered on Apr 19, 2023

Doctors must get informed consent before doing medical treatment with very few exceptions.

1 Answer | Asked in Personal Injury, Civil Rights and Health Care Law for Colorado on
Q: How does someone determine if they have a case or not? An what if it is hard to define the significants of case

Exposure to a decomposed body with documented evidence causing prenatal problems and premature birth.

Nelson Patrick Boyle
Nelson Patrick Boyle
answered on Apr 11, 2023

Call some attorneys to see what they say. This is outside my area of practice. Your questions about significance and whether you have a case are just what lawyers consider when evaluating a potential new client. Beware that statutes of limitations exist, and they can sometimes be very short. So... Read more »

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