Monday, October 11, 2010

Personal Injury Attorney Defined


Denver Personal injury attorneys handle a wide variety of cases. However, all of these lawsuits have something common; someone has experienced pain of suffering caused by someone else. Typically the defendant, or his or her respective insurance company, will be held responsible for all accident-related costs that have resulted from his or her actions or inaction.


When you visit a Denver personal injury (PI) attorney's website, it is obvious that the types of cases these attorneys handle vary greatly. From car accidents to medical malpractice, an attorney focusing on PI law must be well-versed in many areas to define themselves as this type of attorney. However, "specialist" is not a common word in the legal world. This is because many cases will overlap between practice areas. Some examples of cases that require a wide range of experience and knowledge on the part of an attorney include the following:



  1. A car accident that results in the death of an individual. This will fall under "personal injury" due to negligent driving that caused the wrongful death of a person.

  2. Medical malpractice that results in wrongful death. This can be due to such things as pharmaceutical errors, misdiagnosis, failure to treat, or hospital negligence.

  3. A product liability suit that is filed after a product defect causes a serious injury.

  4. Injuries that occur on the property of a business or individual due to poorly maintained grounds.

Denver Personal injury attorneys help their clients seek compensation in cases like wrongful death, product liability, motor vehicle accidents, food poisoning, and slip and fall accidents. Due to the overlapping of practice areas, a good Denver lawyer should understand all areas of personal injury law. It is hard to receive the appropriate compensation for a personal injury case which is why you need to contact an injury lawyer in your area to help represent you and your case.

How Weather Contributes to Slip & Fall Accidents

I found this article on Ezinearticles.com about slip and fall accidents, thought it was a good read! ENJOY

By James Witherspoon

Slip and fall accidents typically occur because something has reduced the friction on a surface. That slippery variable can be a number of things, and often it is induced by weather. In a cold climate, the formation of ice on a surface can seriously reduce a persons ability to control their motion. In wet weather, rain can also greatly reduce the traction provided by a surface. Even warm weather can create slippery situations by causing condensation to form quickly. All of these types of situations put a person at risk for slipping. This risk is elevated if it is not readily observed.

Any business, home, or other property is responsible for ensuring the general safety of their customers and visitors. This includes taking reasonable steps to prevent slips and dangerous falls. A business can be held liable for injuries that occur on their property if reasonable steps were not taken to prevent an accident. As such, ice on a step or pooled water on a walkway may be the responsibility of the business who owns the property.

Even though weather-related dangers can arise quickly, it is still the responsibility of a property owner to alleviate that risk to the best of their ability. In a cold environment, where ice is a common threat to the safety of guests, a property owner should take care to remove this dangerous ice or to direct people away from it. Ice can also form underneath snow formations where it is not apparent to guests and visitors.

Pooling water can also provide an unseen threat. Even a thin layer of water significantly decreases a person's stability on a surface. Ensure that the places you frequent take the proper steps to maintain their guests' safety by caring for weather-related dangers.

For more information on the responsibility of property owners in regard to their guests, please visit the website of the slip and fall attorneys at Beltz & Ruth, P.A.

James Witherspoon

Article Source: http://EzineArticles.com/?expert=James_Witherspoon


Monday, September 27, 2010

Retaining A Denver Injury Lawyer and Save Your Money

When you have been injured and laying in a hospital, whether or not it was from an auto accident, or a slip and fall, or a health-related mistake, there will be a will need for a personal injury lawyer. The final factor you require to be anxious about, in your time of pain, is to run around trying to negotiate a settlement with insurance companies and gathering the required evidence to pursue a lengthy court case or settlement.

A private harm lawyer will arrive to you. They will go to you in the hospital or arrive to your house to get the details of your private harm lawsuit. They will do this without you having to be anxious about coming up with a significant retainer up entrance. Usually the lawyer will supply an alternative known as contingency fees. That is when the attorney will not take any pay unless you receive a settlement for your damage.

Since most private Denver injury lawyers use a contingency fee as payment, you can count on them being honest with you from the begin by letting you know whether there is a chance of winning your case or if you are wasting your time and his. They won't get paid if you don't get paid. That is a gamble that most professionals will not make. This is a pleasant turn of events due to the fact often specialists will demand funds up front that would not be refunded if you lose. The lawyer has a good deal to lose if he can't get a deal for you. A settlement will depend on numerous elements, including his expertise in proving and negotiating your losses.

Quite a few auto accidents involve extensive injuries that call for a lengthy recovery period. The auto accident attorney at law or private injury lawyer will take on the responsibility of negotiating a fair settlement for health-related bills, lost wages, property damage, pain and suffering, rehab and any other expenses that might occur due to your injuries. This is not only a bargain, it is a no brainer. Why wouldn't any person want to have a expert deal with such an concerned job? You will not have to deal with the strain of fighting with the responsible party and their lawyer or insurance coverage organization to get your just due. Your legal professional will do all the operate for you and he will do it without a dime out of your pocket till the job is accomplished. This is really crucial because health-related costs, not to mention loss of function resulting from a automobile incident or any accident for that matter, can quantity to a good deal of money.

You have rights and a private Denver injury attorney will stand by you to protect you and your rights. They are aware of all your rights and will make certain you are granted each 1 that you deserve. The reality that you can retain legal support and not have to be concerned about paying them the minute they walk into your hospital room or your home will be the 1st and quickest step to your recovery.

Friday, August 27, 2010

Protecting You & Your Familyi From A Motorcycle Accident

In the last ten years, the fatality rate of motorcycle riders has nearly doubled. In 1999, there were 22.75 fatalities per 100,000,000 miles traveled by motorcycles in the United States. In a recent study in 2009 the numbers are around 40 per 1 million miles traveled by riders!

Not only have the number of deaths gone up in the US, the number of motorcycles on the road has gone up too, which makes sense. The increase in motorcycle sales has alarmed some people as the more motorcycles on the road, the more accidents that will occur involving motorcycles. This is a scary thought as a motorcyclist is 35 times more likely to be killed than automobile drivers. According to the National Highway Traffic Safety Administration, if you ride a motorcycle you have nearly a 50% chance of being involved in a motorcycle accident in your lifetime. Given this information all motorcycle drivers need to make sure they do the following:

1.) Make sure to get motorcycle insurance that will cover your medical bills should you get in an accident. Most state laws only require drivers to carry only $20,000 in insurance coverage for injuries and medical bills. If you think about how much medical bills has increased over the past few years, this number is not nearly enough to cover a motorcycle accident.

2.) It is always a good idea to have a Denver motorcycle injury lawyer in your contact list. If you happen to get in a motorcycle accident, you do not want to have to worry about finding a motorcycle attorney when you are dealing with police, insurance companies and doctors. If you contact a motorcycle injury lawyer when you start riding you will always have someone to call if something happens to you while you ride.

With the increase in motorcycles on the road today and the number of accidents makes riding motorcycles very dangerous. Not only do you need the proper insurance, but you also need to have a Denver motorcycle injury lawyer who you can count on if you happen to get in a motorcycle accident.

Tuesday, August 17, 2010

When a Lawyer Can Help With a Personal Injury Case




There are many legal cases that can be handled by citizens without the help of a lawyer. For small claims in civil court, the cost of hiring a lawyer is often higher than the cost of the claim. If you are lucky and the other party behaved maliciously, you might get the court to pay for all your legal costs. If you have been sued however, the only way to recover any court costs is to sue them back, which leads to a drawn out legal process. Personal injury cases complicate the matter, especially if your health is in a state where it would be hard to represent yourself.

If you were severely injured, it is best to hire a Denver injury attorney because the cost of your medical bills will probably be significant. Not to mention that you want to spend your time recuperating and not talking to witnesses and dealing with the insurance company.

The first thing the injury lawyer will do after talking to witnesses is start recording all your losses from the accident. These may be medical bills, lost work or personal distress. The higher the possible compensation, the larger the possible range and things like negotiating with the insurance company start to kick in. The insurance company's job is to pay as little as possible, so it is better to have a Denver personal injury lawyer to represent your interests.

If you were sued for an injury someone is claiming you are responsible for, it is also a good idea to have legal representation. If the charge is ridiculous you can move to have it dropped, but it is important to not ignore any lawsuit or the other party can ask the judge to rule for a default judgement. This means if you never respond to the lawsuit, the plaintiff automatically gets whatever they asked for.

Other cases where having a Denver personal injury attorney represent you is important are ones where the other side is sure to have an insurance company and a high power legal team on their side. This may be a doctor or hospital in medical malpractice cases or a corporation in negligence cases that led to injury. Injuries from toxic products are also hard to get paid because these conglomerate corporations have both the best legal teams and defenses set up through their legislative lobbying. Proving a toxic chemical injured you often requires expert scientific witnesses.

The last case where it would be prudent to hire a lawyer is if the insurance company for the defendant refuses to pay. Insurance company lawyers are even more well versed than the average corporation at dodging their legal responsibilities. You may have to hire a lawyer to get anything at all, although you will have to pay the cost of hiring. For large cases that the law firm judges could be quite lucrative, the firm may offer to take the cost of their services out of the settlement if they win.

Motorcycle - Car Collisions


Bikers like to spend most of their time cruising on the open road or winding through canyons. Only a small portion of motorcycle riding time is spent at intersections, but fully half of all Denver motorcycle accidents occur at intersections, according to the traffic safety commission. Of course almost the other half of accidents occur because drivers think they have more control than they really do and crash trying to do something stupid.

One reason that motorcycles are so vulnerable at intersections is because drivers simply do not see them. Drivers are usually looking out for other cars and may not notice something much smaller like a motorcyclist or bicycle rider. The best way to counteract this is to maximize visibility and follow the rules of a road. Many Denver motorcycle crashes are caused by riders who think they do not have to follow traffic laws. Weaving between lanes and making illegal turns are especially dangerous for riders because they have no protection. Getting into an accident on a motorcycle almost guarantees an injury. The car driver might not even have to call his insurance company, while you will need a Denver personal injury attorney just to pay your medical bills.

If you were injured on a motorcycle and were breaking the law, then you will probably be liable for the accident. At the very least, you will not be able to sue the other driver in a Denver injury lawsuit, unless your state has comparative negligence laws. Because of biker's bad reputation in driving, even if the crash was not their fault, police or insurance may blame you anyways. This is the case where you may need witnesses or a specialized traffic attorney. Motorcycle attorneys specialize in this kind of case.

If who is at fault is questionable, the easiest way to determine what the court will believe is to review the traffic and other pertinent laws. Right-of-way is an important law that many people violate. Sometimes traffic sensors have trouble detecting motorcycles at intersections, so this may be a defense if the light never turned. Remember that as a motorcyclist you have to yield to bicycles and cars just like anyone else. Always come to a complete stop at an intersection.

Wednesday, July 14, 2010

Recently Injured in A Motorcycle Accident?

Posted by: Denver Attorneys

Obviously, if you have had a motorcycle accident and you are reading this advice, it may have been a few hours if not a few days since the accident. Here are a few things to consider when being in a motorcycle accident.

First, take a look around and determine if you or anyone involved with the accident are hurt. If so, make sure someone has called the police (911 in US). If there are not neck injuries, try and prevent blood loss by applying pressure. Even if some other driver caused you to be injured, it’s just good manners to help the other driver if they are hurt. They may even be so thankful that they admit their fault to you. The worst thing you can do from a legal position is admit any fault at the accident. You should make sure to consult with your Denver motorcycle injury attorney before talking with others about the accident. At this point you just want to help anyone who may be injured.

Second, make sure everyone is safe from being further injured. If you are in the middle of traffic and you are dizzy, make sure to sit down away from traffic. If your vehicle is a traffic hazard and you have accident warning devices like flares or triangles, put them out on the road to warn other drivers and get away from the car. Let the police or other emergency personnel investigate the scene with the vehicles in place and move them more safely at a later point.

Third, it is important to get the other driver’s information including their name, address, driver’s license number, make and model of their vehicles, license plate numbers, and their insurance company name and policy number. If there are witnesses, get their names and phone number too. If the other driver makes any admissions of fault, write those down as well.

Forth, if you have a camera on your cell phone or in the car and you aren’t too injured, take some photos of the vehicles and the scene. If you cannot do it right away, do it after you are released from the hospital or have someone else assist you.

Lastly, call a good Denver motorcycle injury lawyer as soon as you have had your initial treatment, so the lawyer can gather other important evidence and prevent the insurance company from taking advantage of you and obtaining such things as recorded statements that you feel fine, when many of your symptoms have yet to manifest themselves. A good motorcycle accident attorney can save you from making a great deal of mistakes and can shoulder much of the hassle of knowing what to do about car repairs, car rentals, medical treatment, witness statements and the like. If you think you will save money by not having an attorney, think again.

A good Colorado personal injury lawyer can almost always obtain much higher settlements, obtain reductions of medical bills and insurance liens and prevent you from making costly mistakes. Also, most motorcycle accident attorneys advance costs of obtaining police reports, medical records and the like and are paid and reimbursed for these costs only out of any settlement.

Can you collect on your suit?


The cardinal rule to all civil lawsuits: Don't sue unless you can collect the award. Unlike criminal law where the government can take your freedom or even your life, in civil law the only thing you can collect is property or cash, and the courts need to be able to access those tangible goods. So even if you win a million dollars in a damage liability suit with a homeless man, you will not see anything except his smiling face. People and business who are broke or can hide their assets are essentially impossible to collect from.

Good signs that you can collect your judgement from someone are a job, money in the bank, and real estate property. Wages can be garnished, so the employer pays a percentage to you before the employee. In most states, you can garnish up to a quarter of a person's wages. Government payments, pensions and disability are exempt, so the person must make money on some non-exempt way for you to collect. Most people in the united states do not have significant assets in the form of property or cash. So in most Denver motorcycle injury cases, this is where you would be receiving your payment.

Collecting from a legitimate business is usually relatively easy. If the company refuses to pay but is still collecting income, you can have the sheriff or other court agent go to the bank and physically take out the money owed. If the business is cash only, or doesn't have any real location you may be out of luck.

The next thing that can be seized by the court is property. In many Denver personal injury cases you may be able to claim some of the defendant's property. However some possessions are exempt, especially those that the defendant uses for his business. A defendant in bankruptcy is also exempt from any claims. Denver accident attorneys are therefore more leery of suing someone without extra property outside the home.

So the key factors that indicate a person will be able to pay that you should check before suing are: Personal or future income and business income. Licensed professionals may lose their license if they do not pay, and recent bankruptcies cannot file for bankruptcy again for a long time, so people in both these situations may be compelled to pay.

Did Your Attorney Tell You About Alternative Dispute Resolution?

If you are going through a divorce, chances are you have already hired a Denver family law attorney to help get you through the difficult process. If you have done this you are already headed in the right direction. If you have not, I would seriously consider doing so especially if there is children and assets involved. A Divorce is not necessarily the kind of case you want to represent yourself in. Denver divorce attorneys can help significantly help your chances of winning or get what you deserve from your spouse and the courts.

One thing you need to understand is there are two types of divorce attorneys out there; those who genuinely care about you and your life and those who could care less after your case is over. Obviously the attorneys that do not care are in it for the money and the attorneys who care would like to help benefit your future. If you do not have an idea of what type of family law attorney you hired, ask them to explain the different ways to settle the contested issues in your case.

There are 3 types of Alternative Dispute Resolutions:
(1) Mediation: both parties attend sessions with a neutral third party who will help them resolve the issues in your case. Both parties have the option to have their lawyer present during mediation. During the process, each party presents their side of the case and the mediator will then assist them in making decisions. It is not out of the norm for a mediator to give advice along the way to help move the process along.

(2) Settlement Negotiations: Most attorneys will and should encourage their clients to negotiate a settlement. In most courts, settlement is allowed up until a judge has declared a decision on a case. If a settlement has been agreed on, the case is over and the judge will not rule. Usually the attorneys involved will negotiate the entire case or at least narrow down some decisions for their client.

(3) Binding or non-binding Arbitration: In an arbitration, just like a mediation, the parties present their side of the case to a third party who then makes the decision based on their opinion on the issues. Arbitration is more formal than mediation but less formal than a trial. The difference between binding and non-binding is the parties have to follow the third parties decision in a binding arbitration. In a non-binding arbitration, the parties do not have to agree with the decision made by the third party. The family law attorneys will decide what type of arbitration would be used for the case ahead of time.

Divorce laws are completely different in all of the 50 states. If you are looking at filing for divorce in Colorado, look for the help of Denver divorce attorneys in your area.

Monday, January 18, 2010

Services A Denver Family Lawyer Can Provide

When you are dealing with such important things such as child custody or division of your property and assets, things that both will effect the rest of your life you are going to make certain you have a great Denver Family law Attorney. Great representation in the courtroom is critical in a favorable outcome of a nasty divorce. You will want to find a family law attorney with a caring attitude, a great staff and certainly a lot of experience in family law. If you thinking about filing for divorce and do not understand how important a good Denver lawyer is to your case, here are some areas a family law attorney can help you with:

If you are looking for a Denver family law attorney you can trust, I strongly recommend Rob Cohen or the Denver Law Firm: Cohen & Cohen P.C. Rob has a great knowledge of all of the Colorado divorce laws and has helped families in the Denver area for the past 7 years. Check out Rob Cohen's website: Denver Family Law for more information.

Thursday, January 14, 2010

Helping You Through a Child Custody Hearing

Being a father or mother can be one of the best experiences of your life. The unconditional love between you and your kid is perhaps one of the most unique and superb things you have ever known. When conflicts arise between you and the other parent of the child however , the situation may escalate to such a level that you can end up in a court hearing for any number of reasons, including a child custody hearing or a juvenile support hearing.

If you and the other parent of your child will be going thru a court hearing regarding your kid, you may want to consider hiring a Denver family law lawyer. These legal execs will help you navigate the type of court hearing you are going thru and can help make sure that you are properly portrayed during the hearing.

if you are going through a child custody hearing, it'll probably be one of the most intense and difficult times of your life. It will be complicated and nerve wracking because you and the father or mother of your youngster will likely both be fighting for custody of the kid. Just the dread of losing custody of your youngster could be enough to raise your stress to an unhealthy level, and if you don't know what should be expected in the hearing, it may put your emotions over the top. A family law lawyer will be able to inform you of what to expect in the hearing and can help make sure that you are correctly portrayed during the hearing, which can be the difference {between being awarded custody and losing custody of your youngster.

The court will possibly weigh many factors during your custody hearing before determining how custody will be split and to whom it will be awarded. One of the most important factors that the court will often consider during the hearing is your parenting capability. With this under consideration , it can be highly beneficial to have a Denver family lawyer on your side that'll be able to portray your parenting capabilities in the best light. Keep in mind, the other parent of the child will possibly also be trying as hard as they can to gain custody, so having a legal professional on your side which has experience in these types of cases can be critical.

Once you have made it through the custody hearing, you'll also have to endure a support hearing. The support hearing will probably be held to ascertain how much money the non-custodial parent will be necessary to pay each month in child support. Whether you're the parent making the payments, or the parent receiving the payments, a family law lawyer could be a great help in making it thru this hearing as well .

Struggling with the other parent of your youngster referring to infant custody, or any other matter, can be particularly nerve wracking to endure. When the conflicts finish up in court, you may wish to hire a legal pro to help you through the hearing. There are plenty of advantages to hiring a Denver lawyer to help you through the hearing, with the most significant being winning at the end of the method.

Monday, January 4, 2010

How A Denver Family Lawyer Can Help

Among the different areas of law, one of the most sensitive to handle is family law. This is because Denver lawyers who specialize in family law deal with some of the most sensitive cases, including divorces, annulments, family property disputes, child abuse cases, legitimacy, and adoption cases. Given this, people who find themselves facing these scenarios would do well to get the services of a good Denver family lawyer who is not only competent with regard to family law but also someone who knows how to handle very sensitive cases. A good family lawyer who can make the process of dissolving partnerships, formulating divorce settlements, and making child custody agreements less "ugly" can help you lessen the pain that comes with these scenarios.

Finding a good family lawyer

Given the need to ensure that you get a good Denver family attorney, you should be aware of the things that you need to consider when hiring a family lawyer. One of the most important considerations is the experience of the lawyer you are considering. Vast experience in the practice of family law can ensure that a lawyer knows how to effectively handle the case. In addition to this, you should also consider the reputation of the lawyer, not only among his clients but also among other lawyers because what other lawyers say about their colleagues can say a lot about the competency and skill of a lawyer. Other considerations include the location of the lawyer, which is very important if in case you need to meet your lawyer on a regular basis, and the fees that he charges.

By being able to consider the very important things that have been mentioned, you can increase your chances of getting the right family lawyer. This is very important because there are instances wherein you are not only up against, for example, the stress of a legal process against your relatives, but you may also have to contend with some of the toughest and strictest family laws. This is very true in places like Colorado, where there is a stringent family code in place and where thousands of family cases are handled every year.

Given the sensitivity of cases that involve disputes between family members, the need for a good family lawyer becomes very important. The good news is that as long as you know how to look for the right family lawyer, which involves asking very important questions, you can be assured that you will find a good Denver family lawyer who can make dealing with very sensitive cases more bearable.

Going Through a Support Hearing

Raising children can be very expensive, and if you are going through a support hearing, you may want to hire a Denver family law attorney to make sure that the outcome is as good as possible for you and your children. Support hearings are usually held to determine how much a non-custodial parent will be required to pay each month in support to sustain the well being of their children.

If you are the parent that is receiving the support payments, you will probably want to make sure that the final decision of the court on how much the non-custodial parent is required to pay will be enough to cover the costs you have in raising the children. A Denver family law attorney can help a great deal in this situation, because they can help make sure that all of the costs of raising the children are covered during the hearing and also that the final decision of the court is in the best interests of you and your children.

If you are the parent that is required to make the support payments, a Denver family law attorney can also be a great help to you during the hearing. Although you probably want to provide as much money as possible to sustain the well being of your children, you probably do not want the amount you are required to pay each month to be too high. A legal professional can help properly portray your ability to make the payments and also how much you can realistically pay each month.

Whether you are the parent making the payments, or the parent receiving the payments, after the original court ruling is finalized, you may have the option of requesting a modification to the original support orders if your circumstances have changed. For example, if you are the parent making the payments and you have recently lost a job, or have suffered a pay cut, you might want to request a modification to the original court ruling to lower the amount of money you are required to pay. If you are the parent receiving the payments, you might request a modification if your child has developed special needs since the time of the original court hearing. Such special needs could range from medical attention to tutoring. A family law attorney can be a great benefit to you, whether you are making the payments or receiving the payments, because they can help determine whether you should request the modification and when you should request the change.

There are many situations where a legal professional can be of great help to you. If you are going through a court hearing regarding your children, it may be a good idea to look into the option of hiring a Denver lawyer because they can help ensure that the outcome of the hearing will be in the best interests of you and your children.