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Colorado Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Colorado on
Q: Was I assaulted?

I was unwilling sprayed with a mysterious cologne by a person that I do not know and now I feel sick. I asked them to not spray me before they did, and when I asked them to stop they would not. Is this battery or assault?

Tim Akpinar
Tim Akpinar
answered on Dec 2, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. Under common law tort principles (civil law), it would be battery, which involves an intentional harmful or offensive contact, directly or indirectly. Colorado criminal defense attorneys could better advise how... View More

1 Answer | Asked in Personal Injury for Colorado on
Q: Once a PI settlement agreement is signed by Claimant can Defendant require more documents or change the original?

signed a settlement agreement for my car accident and requested the payment to go into my Trust account. I had made the insurance company aware of this and the agreement states, "Claimant states her desire to have the settlement check addressed to her Trust account." Then 12 days later... View More

Tim Akpinar
Tim Akpinar
answered on Oct 12, 2024

A Colorado attorney could advise best, but your question remains open for two weeks. If you were represented by an attorney, they would be in the best position to answer, based on having the file.

Without knowing more details, it's possible the directive to use the trust account may...
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1 Answer | Asked in Personal Injury for Colorado on
Q: My dad has an infection in his finger, he was gonna get xrays today but they rescheduled him for Oct 11. Is this wrong?

The doctors said if the infection isn't in the bone they can save his finger, but he has to hurry to treat it. Now the hand specialist rescheduled him 3 weeks away and by that time the infection will probably reach his heart. It's like these doctors don't care about him. Do we have a... View More

Tim Akpinar
Tim Akpinar
answered on Sep 21, 2024

A Colorado attorney could advise best, but you express urgency in your post. Yes, it's possible you could have grounds for a lawsuit if he loses his hand or finger. But that would be a mess to sort out after the fact, and it could drag on for years in court.

The more practical approach...
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2 Answers | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Colorado on
Q: I was involved with a road rage incident, I felt like I was in imminent danger, I drove around them and hit their door.

While driving in traffic, a driver brake checked me and parked their vehicle blocking any forward movement of my truck on the roadway. They exited driver side of their vehicle and proceeded verbally attack me. The driver began moving in aggressive mannerisms and and reaching into their vehicle. I... View More

Justie Dee Nicol
Justie Dee Nicol
answered on Sep 3, 2024

How lucky an officer was nearby! I would still file an accident report for insurance purposes. I would also let your insurance know what you indicated here: that you were in fear for your safety and drove away from an unsafe situation. They can determine culpability for the damages. You may also... View More

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2 Answers | Asked in Criminal Law, Personal Injury, Traffic Tickets and Car Accidents for Colorado on
Q: I was involved with a road rage incident, I felt like I was in imminent danger, I drove around them and hit their door.

While driving in traffic, a driver brake checked me and parked their vehicle blocking any forward movement of my truck on the roadway. They exited driver side of their vehicle and proceeded verbally attack me. The driver began moving in aggressive mannerisms and and reaching into their vehicle. I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 27, 2024

You've probably placed your insurance carrier on notice already. This enables them to anticipate any future claims for property damage or bodily injury. Based on the circumstances, the average person would probably find your actions justified, since they were based on reasonable fear and not... View More

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

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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1 Answer | Asked in Employment Discrimination, Employment Law, Libel & Slander and Personal Injury for Colorado on
Q: my employer failed their due process obligations
Tim Akpinar
Tim Akpinar
answered on Nov 7, 2024

A Colorado attorney could advise best, but your post remains open for three weeks. It isn't fully clear whether your matter involves a workplace injury or general employment law issue, based on the selected categories. The term "due process" is used loosely nowadays, but it usually... View More

2 Answers | Asked in Personal Injury for Colorado on
Q: We lost a family member because of asbestos exposure. Can we still put in a claim even though he's passed away?
Paul Danziger
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answered on Jul 8, 2024

Yes, once a victim dies, it becomes a wrongful death case. There is a time limit that ranges from 1 to 3 years after the date of death. Feel free to contact me for a free consultation.

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1 Answer | Asked in Personal Injury for Colorado on
Q: Does it allow for the entity to transfer the burden of accommodations with bodily injury to deaf attendants?

The city provides free movie nights but doesn't have either open or closed captions for deaf attendants. So they provided a secondary accommodation by giving us an iPad that does captions separately from the movie. However, we had to hold it up in the line of sight with the big screen... View More

Tim Akpinar
Tim Akpinar
answered on Feb 13, 2024

A Colorado attorney could advise best, but your question remains open for three weeks. This could be something that attorneys who work with the ADA (Americans with Disabilities Act) would know better than most personal injury attorneys. There isn't a section here on ADA specialists - although... View More

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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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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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
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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3 Answers | Asked in Car Accidents, Criminal Law and Personal Injury for Colorado on
Q: Who is at fault? And how is parking lot accidents disputed?

.

Joel Gary Selik
Joel Gary Selik
answered on Sep 6, 2023

You cannot tell who caused the crash by the extent of the property damage. And you cannot tell fault by what you describe. The question is who should have seen the other. It may have been your fault. Your insurance company will sort it out.

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1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: I was in valves in a accident and I have been made a offer that seems off to me they offered 3000

Offered same for daughter who did not go in ambulance

Tim Akpinar
Tim Akpinar
answered on Aug 30, 2023

A Colorado attorney could advise best, but your question remains open for a week. I'm sorry about your accident. I hope you're both okay. It's difficult for any attorney to offer input without knowing more details about the accident in terms of liability and injuries. If you feel the... View More

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