Category Archives: Personal Injury
Can I get out of my settlement agreement?
We get asked this question a lot. And usually, the answer is no. A settlement agreement in a personal injury case is a contract that can be enforced by the Court. In some cases, even a verbal settlement is binding! The time to talk to a lawyer is BEFORE you accept the insurance company’s offer. … Read More »
Punitive and Other Damage Caps in Colorado
Many people do not know that the amount of damages they can recover are “capped” by law. The caps that apply are very case specific, and depend on the type of injury you suffered. One of the most misunderstood areas is punitive damages. In addition to the other damage caps, Colorado also puts a cap on… Read More »
Damage Limits in Colorado Personal Injury Cases
Many people do not know that the amount of damages they can recover are “capped” by law. The caps that apply are very case specific, and depend on the type of injury you suffered. In 2020, the Colorado legislature increased statutory damage limitations under 3 important statutes; C.R.S. §§ 44-3-801 (Dram Shop Act), 13-21-102.5 (noneconomic… Read More »
Understanding Your Personal Injury Case; Discovery
One of the most difficult parts of a case (for the client) is discovery. Discovery is the generic name for the fact-finding tools that are used in a lawsuit to help all of the parties prepare for trial. There are generally 3 types of discovery. Interrogatories. These are written questions that you have to answer,… Read More »
Is there a deadline for my slip and fall case?
YES! Most civil cases have a statute of limitations that applies; that is a law that puts a time limit on your right to have a lawsuit heard in a state’s civil court system. Specific time limits vary depending on the kind of case you want to file. CRS 13-80-102 says that “tort actions”, which… Read More »
Personal Injury Settlements and Taxes
W are often asked if a personal injury settlement is taxed? We are not a tax firm, and the answer can be complicated (and depends on the type of case). The normal rule is that bodily injury settlements are NOT taxable, but does need to be declared on your tax return. Now that tax season… Read More »
Is My Settlement Final?
Many lawyers feel it is there duty to help inform the public about the law, and to help keep people advised about the law (our firm included!). It is important to keep in mind that the law changes rapidly, and sometimes old blog posts become out of date. More often, new cases come out that… Read More »
Fighting for our client at the Court of Appeals
From a recent article on the Rueters wire: A 10th U.S. Circuit Court of Appeals panel on Wednesday seemed conflicted over whether Banner Health’s employee health insurance plan could deny coverage for a nurse’s knee surgery based on external medical guidelines rather than its own doctors’ opinions. Thomas Bulger of Silvern & Bulger, who argued… Read More »
What is the Collateral Source Rule, and Why Should I Care?
You should care …. It may be the most important rule you have never heard of when it comes to a personal injury case. The Colorado collateral source rule states that even if an insurance policy or another collateral source pays your medical expenses, the defendant will be liable for the full amount of your… Read More »
Do You Need A Lawyer to Settle Your Personal Injury Claim?
The answer is …… maybe. Often, it depends on where in the process your case is. One of the most sweeping trends over the past several years in Colorado personal injury litigation is the increase in mandatory Alternative Dispute Resolution Orders (ADR). Many Courts in Colorado, as a matter of routine, require civil cases to… Read More »