Recent Updates
August 27, 2010
Settlement of Your Child's Injury Claim
June 08, 2010
What exactly is a frivolous lawsuit?
June 02, 2010
Motorcycle Accidents
April 30, 2010
Uninsured Motorist Coverage
April 02, 2010
Are You Being Approached By The Insurance Carrier To Settle Your Claim?
Welcome to the Killian and Davis, P.C. blog. Killian and Davis, P.C. is a contingent fee law firm located in Grand Junction, Colorado. We serve clients located primarily in Western Colorado, however, we are licensed in New Mexico, California, and The Navajo Nation. Our primary practice areas include personal injury, catastrophic injury, wrongful death, workers' compensation, and radiation exposure compensation act (RECA).
We strive to post a blog entry every week. The topics of these entries may include relevant legal news from our practice areas, discussion/analysis of news articles, or Killian and Davis firm news. Please contact us if you have questions/comments regarding any of these postings or if you would like to discuss your case with one of our many qualified attorneys.
Please call us at 1-970-241-0707 or email us. You can also visit our website at http://www.killianlaw.com.
Settlement of Your Child's Injury Claim
Posted by: Nicholas Mayle
August 27, 2010
Topic: Personal Injury
After you have been involved in a collision, resolving your claim with the insurance company can be very complicated. This is especially true if your child or children were also injured in the collision. Even if you do not file a lawsuit to resolve your family's claims against the insurance company, Colorado law requires that all settlements with children be approved by the court.
The rationale for this rule is that a person is deemed to be of legal age at age eighteen and only then may they enter into a binding contract or settlement. Section 13-22-101, C.R.S. A child under the age of eighteen does not have the ability to enter into a binding contract. Jones v. Dressel, 623 P.2d 370, 373 (Colo. 1981). A child that enters into a contract or settlement may actually disaffirm the contract within a reasonable time after they reach the legal age. Id. Thus, any settlement of a child's claim requires
What exactly is a frivolous lawsuit?
Posted by: Damon Davis
June 08, 2010
Topic: General
Many people talk about frivolous lawsuits. The subject of frivolous lawsuits comes up on the news and even in ordinary conversation. However few people talk about what a frivolous lawsuit actually means. To understand the topic of frivolous lawsuits, one must understand what "frivolous" actually means in the context of a lawsuit. People often use the term incorrectly, which can lead to confusion of the issues.
Some people use the term "frivolous lawsuit" to refer to a successful lawsuit on a law which they disagree with or do not like. However this is incorrect
Motorcycle Accidents
Posted by: Cheryl Martin
June 02, 2010
Topic: Personal Injury
MOTORCYCLE RIDERS- DID YOU KNOW THAT YOUR DECISION NOT TO WEAR A HELMET CAN NOT BE "USED AGAINST YOU"?
If you are injured in a motorcycle crash, even if you suffer injuries to your head, your decision not to wear a helmet can not be "used against you" in your case. Since Colorado does not have a mandatory helmet law, a rider's decision not to wear a helmet can not not be used as evidence, should a case proceed to litigation, as either contributory negligence or a failure to mitigate damages. The Colorado Supreme held that "evidence of plaintiff's failure to wear a protective helmet is inadmissible to show negligence on the part of the plaintiff or to mitigate damages." Dare v. Sobule, 674 P.2d 960, 962 (Colo. 1984). The Supreme Court determined
Uninsured Motorist Coverage
Posted by: Damon Davis
April 30, 2010
Topic: Personal Injury
Automobile insurance coverage is an everyday fact of life for most of us. Most people get around by automobile, at least part of the time, and therefore have insurance coverage. An often overlooked facet of this insurance, both in purchasing insurance and in settling cases, is underinsured and uninsured motorist coverage. Uninsured and underinsured motorist coverage are included in your policy unless specifically waived in writing. Uninsured motorist coverage protects the purchaser in the event an automobile accident is caused by an individual who has not purchased liability coverage. This may occur because the at-fault driver is simply irresponsible, or because they feel they cannot afford insurance. In these cases, the uninsured motorist coverage takes the place of the liability coverage the at-fault driver should have purchased.
Are You Being Approached By The Insurance Carrier To Settle Your Claim?
Posted by: Cheryl Martin
April 02, 2010
Topic: Personal Injury
Did you know that under Colorado law, if you've been injured as a result of an incident which may give rise to liability and you are receiving medical care or are hospitalized no person or agent of a person with interests adverse to yours shall
•- Negotiate or attempt to negotiate a settlement within 30 days of the event causing injury.
•- Obtain or attempt to obtain a general release of liability from the injured patient within 30 days of the event causing injury.
•- Obtain or attempt to obtain a written, oral or recorded statement from the injured patient for use in negotiating a settlement or obtaining a release (except in a civil action).
Did you know that any settlement agreement entered into or general release of liability given by the injured person in violation of the law shall be void?
