What If the Other Driver is Uninsured?
That's pretty straightforward. The problem is, about a third of the drivers on Colorado roads don't have insurance. And then there's who knows how many more drivers who have only the minimum amount of insurance - which is usually not enough. So what do you do if you are in a Denver auto...
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I Thought I’d Seen It All
A client had been in a bad car accident, and the other driver was uninsured. My client was pretty seriously injured, the medical bills were pretty high and she was looking at a lengthy amount of time for recovery and rehabilitation.
Luckily, she had very good uninsured/underinsured motorist coverage. Until she tried to use it.
First...
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You Know It’s a Bad Day When…
Nelson Bailey, a Palm Beach, Fla. judge, had checked into Good Samaritan Medical Center for surgery to treat diverticulitis, a painful gastrointestinal condition. After the surgery, not only did the pain not go away, it got worse.
Judge Bailey complained to his doctor, who became suspicious and ordered a CT scan. Of course, they...
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More Evidence Tort Reformers Have It All Wrong
The articles discuss payments received by plaintiffs who have suffered malpractice, attorney fees, the cost of time clinicians lose dealing with med-mal claims, and - most importantly - the costs of defensive medicine practiced by doctors and hospitals. Their research doesn't appear to specifically address costs of medical treatment required to correct the...
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New Colorado Law is Good for Injury Victims
Collateral source rule. This says that the fact or amount of any collateral source payment (such as from a plaintiff’s medical insurance) shall not be admitted as evidence in an action against a third-party tortfeasor. Discussion of the amount of medical bills must be based on the amount billed, not the amount paid.
Made...
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What do we mean by “serious injury”
Generally, serious injuries have long term or permanent consequences. They involve physical, psychological or economic disability or a significant impact on a person’s life. Broken bones, herniated discs, significant burns and injuries that require surgery would fall into the category of serious. Injuries to the brain or spinal cord are almost always considered...
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We have a DLS Law SmartKit for you, Part 2
That’s why we’ve developed the DLS Law SmartKit.
After many years of working with clients who’ve had car accidents, we’ve realized there are a number of things that would be handy to have at the scene of an accident. So we’ve put together a kit of resources that you can keep in your vehicle’s...
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From Here to There: How We Settle Cases, Part 3
The first step in litigation is filing the lawsuit with a document called a complaint, laying out the claims you have against the defendant. The law is a little different in Colorado than in other states. Here, you are not allowed to sue an insurance company but must sue the other driver who...
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From Here to There: How We Settle Cases, Part 2
Another option the personal injury attorneys at The Law Offices of Dianne Sawaya consider is arbitration. This is similar to the mediation process in many ways. However, arbitration is more formal, in many ways resembling a trial, and the results decided by the arbitrator are binding on both parties.
Instead of mutually agreeing on...
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From Here to There: How We Settle Cases, Part 1
The best and fastest way to settle your case, of course, is to negotiate with the other party's insurance company and agree on a settlement amount. But if that doesn't work there are other options, such as mediation and arbitration - or yes, going to trial. Each of these methods has the same...
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