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January 03, 2012
Medical Marijuana and Social Security Disability
December 30, 2011
Punitive Damages
December 20, 2011
Medical Marijuana and Your Workers' Compensation Claim
December 13, 2011
What Do You Do?: Making Sense of My New Profession
December 13, 2011
Telephone Record Theft
Personal Injury
Punitive Damages
Posted by: Nicholas Mayle
December 30, 2011
One of the most commonly reported aspects of the law in the media is the issue of punitive damages. Whenever a large punitive damage award is given in a high profile case, it is sure to draw the attention of the national media. Along with this attention usually comes debate over whether punitive damage awards are too high. Unfortunately, this debate is usually fueled by a lack of understanding regarding what punitive damages actually are, when they can be awarded, and how much can be awarded.
Punitive damages are awardable under Colorado law. However, in Colorado they are usually referred to as "exemplary damages." Punitive Damages are damages designed to punish the defendant for seriously bad conduct. The Colorado Supreme Court adopted this principle long ago, stating, there are two purposes of punitive damages: "punishing the wrongdoer and setting an example for others." French v. Deane, 23 P. 609, 612 (Colo. 1894).
How are punitive damages different from other types of damages? Other types of damages are usually called actual damages and are designed to help the victim or person bringing the lawsuit. For instance, if the defendant injures someone and causes them to incur $20,000.00 in medical bills
Injured by the State: Governmental Immunity, the Notice Requirement, and Your Rights
Posted by: Sean Goodbody
November 22, 2011
Most know the term "statute of limitations," at least vaguely. The name almost, but not quite, gives the term's meaning away: it's a statute, or law, about limitations on how long a person has to bring a lawsuit against another person for a contract dispute, to claim land, or for injuries. Each state has laws that name the time limits for bringing certain types of lawsuits. The general publicsense is that people have a decent chunk of time before they have to decide to bring a lawsuit, and that is more-or-less correct. For personal injury, dangerous products liability, medical malpractice, or wrongful death claims here in Colorado, a person has two full years from the date of the loss or injury before being barred by law from bringing a lawsuit.
But if you are injured by (for example) a police car, city trash truck, municipal bus, government doctor, or injured at a government-owned facility, the same limitations rules do not apply. This is because of a confusing concept known as "governmental immunity": cities, counties, and the state (and its employees) are immune, or cannot be sued, for many things that civilians like you and I would be fully liable for. In fact, the Colorado Governmental Immunity Act specifically names the only types of acts or injuries that the government and its employees are liable for. These include car accidents with publicly-owned vehicles, the operation of public hospitals or jails, dangerous conditions of government buildings, and dangerous conditions on roads, sidewalks, or in parks and swimming pools.
But government immunity goes further than just limiting the types of claims allowed. In Colorado,
Settlement of Your Child's Injury Claim
Posted by: Nicholas Mayle
August 27, 2010
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
Motorcycle Accidents
Posted by: Cheryl Martin
June 02, 2010
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
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
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?
