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WAITING ON A JURY VERDICT ... THIS ONE'S FOR MIKE

This week, we tried a medical malpractice case in Denver that finished yesterday. Today, our Denver jury begins deliberation on a case that we expect to win. Sadly, on the eve of this major trial, my ...
Continue reading "WAITING ON A JURY VERDICT ... THIS ONE'S FOR MIKE" »

3 FACTS ABOUT MEDICAL MALPRACTICE CLAIMS WE BET YOU DIDN'T KNOW

From my 20 years of experience as a trial attorney, I have learned that pursuing a medical malpractice against a healthcare provider is always challenging. Bringing a malpractice claim in Colorado is ...
Continue reading "3 FACTS ABOUT MEDICAL MALPRACTICE CLAIMS WE BET YOU DIDN'T KNOW" »

TEXTING WHILE DRIVING: at Pandemic levels 2011 NHTSA study shows ... yet STILL no government action

If 5 to 10% of the US population suffered from an illness that had a high likelihood of being fatal AND was highly contagious, the press would label it a "pandemic." Not only that, the ...
Continue reading "TEXTING WHILE DRIVING: at Pandemic levels 2011 NHTSA study shows ... yet STILL no government action" »

THE 3 (AND SOMETIMES 4) THINGS THE JURY WON'T EVER GET TO KNOW WHEN CONSIDERING YOUR AUTO ACCIDENT INJURY CASE

From my experience as a trial attorney, I have found Colorado juries to be fair, and even, dare I say, compassionate. Generally, I find it relatively easy to get juries to agree that my clients were ...
Continue reading "THE 3 (AND SOMETIMES 4) THINGS THE JURY WON'T EVER GET TO KNOW WHEN CONSIDERING YOUR AUTO ACCIDENT INJURY CASE" »

SOCIAL SECURITY DISABLITY: Answers To The 10 Most Asked Questions

From my experience, there are protections and benefits afforded by our laws that people know that they are entitled to if they are injured. For example, people seem to know that they are entitled to ...
Continue reading "SOCIAL SECURITY DISABLITY: Answers To The 10 Most Asked Questions" »

THE TOP 10 WAYS TO SELF-DESTRUCT YOUR PERSONAL INJURY CASE:

Before I begin, I want to confess that this is going to be a frank and honest discussion about your case. Let me warn you that this article is not for the faint of heart, because it is too important ...
Continue reading "THE TOP 10 WAYS TO SELF-DESTRUCT YOUR PERSONAL INJURY CASE:" »

AUTOMOBILE INSURANCE: What it does, What all those options mean, and What you are really buying

When you purchase automobile insurance, you are purchasing peace of mind and a level of financial security. Some people have a lot of assets and therefore, have a lot to lose if they are involved in ...
Continue reading "AUTOMOBILE INSURANCE: What it does, What all those options mean, and What you are really buying" »

WHAT TO DO IF THE MEDICAL FINANCE COMPANY INFLATES THEIR BILL

I wrote this article to inform uninsured individuals who have been injured in a motor vehicle accident of their rights when they are dealing with medical finance companies. If you are uninsured and in ...
Continue reading "WHAT TO DO IF THE MEDICAL FINANCE COMPANY INFLATES THEIR BILL" »

WHY THE HEALTH INSURANCE COMPANIES' RIGHT TO REPAYMENT AFTER THE INJURY SETTLEMENT IS DEAD IN THE NEW ERA OF MAKE WHOLE ARBITRATIONS

Due to the passage of C.R.S. §10-1-135, the "Make Whole" statute, I believe injury victims will have a huge advantage against state-regulated (Non-ERISA qualified) health insurance ...
Continue reading "WHY THE HEALTH INSURANCE COMPANIES' RIGHT TO REPAYMENT AFTER THE INJURY SETTLEMENT IS DEAD IN THE NEW ERA OF MAKE WHOLE ARBITRATIONS" »

DON'T BE AFRAID OF BEING CAUGHT ON SURVEILLANCE: Just Be Smart - And Don't Be A Faker!

A private investigator conducting surveillance is usually a sign of a desperate insurance adjuster who has no other angle of attacking your otherwise legitimate right to compensation. I want to make ...
Continue reading "DON'T BE AFRAID OF BEING CAUGHT ON SURVEILLANCE: Just Be Smart - And Don't Be A Faker!" »

THERE'S NO SUCH THING AS AN "ACT OF GOD" CAR CRASH!

This is not a religious opinion, but a legal one. The fact is that insurance companies blame God for a bunch of events that, in reality, are actually manmade. Generally, insurance companies have to ...
Continue reading "THERE'S NO SUCH THING AS AN "ACT OF GOD" CAR CRASH!" »

INSURANCE COMPANY DOCTORS: What they say and how we beat them

We previously wrote an article on how you, as an injury victim, should approach your required visit with the insurance company doctor. Different than that article, this article assumes that your exam ...
Continue reading "INSURANCE COMPANY DOCTORS: What they say and how we beat them" »

UNINSURED MOTORIST BENEFITS: AVAILABILITY, STACKING, & REJECTION:

Looking for injury recovery only from one insurance company (the at-fault driver's) is a little like trying to see the entire world through a peephole in a door. In truth, every accident involving ...
Continue reading "UNINSURED MOTORIST BENEFITS: AVAILABILITY, STACKING, & REJECTION:" »

AFTER THE SETTLEMENT, DO I REALLY HAVE TO PAYBACK HEALTH INSURANCE?

1) THE FACT PATTERN: Bob Blameless is driving his car down Broadway when he gets rear-ended by Chuck Careless. Bob spends the next year off of work, in hospitals and enduring painful physical therapy. ...
Continue reading "AFTER THE SETTLEMENT, DO I REALLY HAVE TO PAYBACK HEALTH INSURANCE?" »

DO YOU WANT YOUR LAWYER TO BE WELL-KNOWN OR WELL-RESPECTED?

There are some law firms that primarily represent insurance companies against Colorado's injured but occasionally dabble in representing injured parties. Some of these firms have started a rather ...
Continue reading "DO YOU WANT YOUR LAWYER TO BE WELL-KNOWN OR WELL-RESPECTED?" »

TIME FOR THE SETTLEMENT CONFERENCE: What to do ... What to expect and ... What is expected of you

About 30 years ago, a number of retired judges got together and formed some of the first mediation companies in the United States. In fact, one of the earliest and longest running of these companies ...
Continue reading "TIME FOR THE SETTLEMENT CONFERENCE: What to do ... What to expect and ... What is expected of you" »

ARE HOSPITALS ALLOWED TO CHERRY-PICK WHETHER THEY BILL YOUR HEALTH INSURANCE OR NOT?

First, why wouldn't a hospital want to get paid from health insurance? As you will see, this issue is more complex than it might seem at first blush. Some hospitals WILL submit their bills to ...
Continue reading "ARE HOSPITALS ALLOWED TO CHERRY-PICK WHETHER THEY BILL YOUR HEALTH INSURANCE OR NOT?" »

WINNING THE CASE THAT APPEARS UNWINNABLE: Part 3

This case started with a garden-variety two vehicle car crash. The at-fault driver was uninsured. At first, it seemed that the injured woman would only need conservative medical care, but the injuries ...
Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 3" »

WINNING THE CASE THAT APPEARS UNWINNABLE: Part 2

The bad facts of this next case caused several law firms to turn it away as un-winnable before WE took it and won. INTRODUCTION : This injury was caused during a two car motor vehicle collision. While ...
Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 2" »

WINNING THE CASE THAT APPEARS UNWINNABLE: Part 1

Consider a case where an employee is horribly injured on the job (due in large part to the employee's own negligence) and his employer didn't carry worker's compensation insurance. Sounds ...
Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 1" »

MEDICALS BILLED vs. PAID: It probably ain't what your lawyer thinks

A. Introduction: New legislation from last year settled (or so we thought) a long-standing debate amongst personal injury trial attorneys. The debate was: should an injury victim be able to claim, and ...
Continue reading "MEDICALS BILLED vs. PAID: It probably ain't what your lawyer thinks" »

A CASE CAN BE WON ANYWHERE (AS LONG AS YOU TRY IT INTELLIGENTLY)

I am back from a successful trial in El Paso County . In a career that has spanned 20 years, I can tell you that the most common place I find myself is right where the naysayers say it can't be done. ...
Continue reading "A CASE CAN BE WON ANYWHERE (AS LONG AS YOU TRY IT INTELLIGENTLY)" »

LATEST STUDIES ON CELL PHONE/TEXTING RELATED DISTRACTED DRIVING CRASHES

If a terrorist group, in one year, were responsible for killing 5,474 Americans and injuring 448,000 more, it would be considered the greatest disaster this country has ever faced. Imagine the ...
Continue reading "LATEST STUDIES ON CELL PHONE/TEXTING RELATED DISTRACTED DRIVING CRASHES" »

STATUTE OF LIMITATION: not always so cut and dry

As background, when we talk about statute of limitations, we are speaking of the deadline wherein a claim must be filed as a lawsuit. Failure to file a lawsuit by that particular deadline results in ...
Continue reading "STATUTE OF LIMITATION: not always so cut and dry" »

DON'T LET CHARLIE SHEEN BE YOUR GUIDE

There is a small subculture of people who think Charlie Sheen's recent outbursts are refreshing. This is a guy who is, after all, baring his soul. He is flying solo, without an image consultant (at ...
Continue reading "DON'T LET CHARLIE SHEEN BE YOUR GUIDE" »
January 20, 2012
  WAITING ON A JURY VERDICT ... THIS ONE'S FOR MIKE
Posted By Chad Hemmat
This week, we tried a medical malpractice case in Denver that finished yesterday. Today, our Denver jury begins deliberation on a case that we expect to win. Sadly, on the eve of this major trial, my close friend, mentor, and frequent trial ...
Continue reading "WAITING ON A JURY VERDICT ... THIS ONE'S FOR MIKE" »

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January 04, 2012
  3 FACTS ABOUT MEDICAL MALPRACTICE CLAIMS WE BET YOU DIDN'T KNOW
Posted By Chad Hemmat
From my 20 years of experience as a trial attorney, I have learned that pursuing a medical malpractice against a healthcare provider is always challenging. Bringing a malpractice claim in Colorado is especially challenging compared to other ...
Continue reading "3 FACTS ABOUT MEDICAL MALPRACTICE CLAIMS WE BET YOU DIDN'T KNOW" »

Permalink
 
December 19, 2011
  TEXTING WHILE DRIVING: at Pandemic levels 2011 NHTSA study shows ... yet STILL no government action
Posted By Chad Hemmat
If 5 to 10% of the US population suffered from an illness that had a high likelihood of being fatal AND was highly contagious, the press would label it a "pandemic." Not only that, the government may even close our nation's borders, ...
Continue reading "TEXTING WHILE DRIVING: at Pandemic levels 2011 NHTSA study shows ... yet STILL no government action" »

Permalink
 
December 03, 2011
  THE 3 (AND SOMETIMES 4) THINGS THE JURY WON'T EVER GET TO KNOW WHEN CONSIDERING YOUR AUTO ACCIDENT INJURY CASE
Posted By Chad Hemmat
From my experience as a trial attorney, I have found Colorado juries to be fair, and even, dare I say, compassionate. Generally, I find it relatively easy to get juries to agree that my clients were injured and should be compensated for their ...
Continue reading "THE 3 (AND SOMETIMES 4) THINGS THE JURY WON'T EVER GET TO KNOW WHEN CONSIDERING YOUR AUTO ACCIDENT INJURY CASE" »

Permalink
 
November 12, 2011
  SOCIAL SECURITY DISABLITY: Answers To The 10 Most Asked Questions
Posted By Chad Hemmat
From my experience, there are protections and benefits afforded by our laws that people know that they are entitled to if they are injured. For example, people seem to know that they are entitled to workers' compensation benefits if they are ...
Continue reading "SOCIAL SECURITY DISABLITY: Answers To The 10 Most Asked Questions" »

Permalink
 
October 28, 2011
  THE TOP 10 WAYS TO SELF-DESTRUCT YOUR PERSONAL INJURY CASE:
Posted By Chad Hemmat
Before I begin, I want to confess that this is going to be a frank and honest discussion about your case. Let me warn you that this article is not for the faint of heart, because it is too important of a topic for me to mince words. The fact is that ...
Continue reading "THE TOP 10 WAYS TO SELF-DESTRUCT YOUR PERSONAL INJURY CASE:" »

Permalink
 
October 21, 2011
  AUTOMOBILE INSURANCE: What it does, What all those options mean, and What you are really buying
Posted By Chad Hemmat
When you purchase automobile insurance, you are purchasing peace of mind and a level of financial security. Some people have a lot of assets and therefore, have a lot to lose if they are involved in an accident. Others have very little and do not ...
Continue reading "AUTOMOBILE INSURANCE: What it does, What all those options mean, and What you are really buying" »

Permalink
 
October 14, 2011
  WHAT TO DO IF THE MEDICAL FINANCE COMPANY INFLATES THEIR BILL
Posted By Chad Hemmat
I wrote this article to inform uninsured individuals who have been injured in a motor vehicle accident of their rights when they are dealing with medical finance companies. If you are uninsured and in need of medical care, there are several private ...
Continue reading "WHAT TO DO IF THE MEDICAL FINANCE COMPANY INFLATES THEIR BILL" »

Permalink
 
October 07, 2011
  WHY THE HEALTH INSURANCE COMPANIES' RIGHT TO REPAYMENT AFTER THE INJURY SETTLEMENT IS DEAD IN THE NEW ERA OF MAKE WHOLE ARBITRATIONS
Posted By Chad Hemmat
Due to the passage of C.R.S. §10-1-135, the "Make Whole" statute, I believe injury victims will have a huge advantage against state-regulated (Non-ERISA qualified) health insurance companies in future subrogation battles. This new ...
Continue reading "WHY THE HEALTH INSURANCE COMPANIES' RIGHT TO REPAYMENT AFTER THE INJURY SETTLEMENT IS DEAD IN THE NEW ERA OF MAKE WHOLE ARBITRATIONS" »

Permalink
 
September 30, 2011
  DON'T BE AFRAID OF BEING CAUGHT ON SURVEILLANCE: Just Be Smart - And Don't Be A Faker!
Posted By Chad Hemmat
A private investigator conducting surveillance is usually a sign of a desperate insurance adjuster who has no other angle of attacking your otherwise legitimate right to compensation. I want to make it very clear that 99.999% of my past and current ...
Continue reading "DON'T BE AFRAID OF BEING CAUGHT ON SURVEILLANCE: Just Be Smart - And Don't Be A Faker!" »

Permalink
 
September 24, 2011
  THERE'S NO SUCH THING AS AN "ACT OF GOD" CAR CRASH!
Posted By Chad Hemmat
This is not a religious opinion, but a legal one. The fact is that insurance companies blame God for a bunch of events that, in reality, are actually manmade. Generally, insurance companies have to pay for claims when their insureds are involved in ...
Continue reading "THERE'S NO SUCH THING AS AN "ACT OF GOD" CAR CRASH!" »

Permalink
 
September 09, 2011
  INSURANCE COMPANY DOCTORS: What they say and how we beat them
Posted By Chad Hemmat
We previously wrote an article on how you, as an injury victim, should approach your required visit with the insurance company doctor. Different than that article, this article assumes that your exam has already occurred. Furthermore, we are now ...
Continue reading "INSURANCE COMPANY DOCTORS: What they say and how we beat them" »

Permalink
 
August 26, 2011
  UNINSURED MOTORIST BENEFITS: AVAILABILITY, STACKING, & REJECTION:
Posted By Chad Hemmat
Looking for injury recovery only from one insurance company (the at-fault driver's) is a little like trying to see the entire world through a peephole in a door. In truth, every accident involving a motor vehicle requires careful study of ...
Continue reading "UNINSURED MOTORIST BENEFITS: AVAILABILITY, STACKING, & REJECTION:" »

Permalink
 
August 19, 2011
  AFTER THE SETTLEMENT, DO I REALLY HAVE TO PAYBACK HEALTH INSURANCE?
Posted By Chad Hemmat
1) THE FACT PATTERN: Bob Blameless is driving his car down Broadway when he gets rear-ended by Chuck Careless. Bob spends the next year off of work, in hospitals and enduring painful physical therapy. Bob racks up $70,000 in medical charges paid for ...
Continue reading "AFTER THE SETTLEMENT, DO I REALLY HAVE TO PAYBACK HEALTH INSURANCE?" »

Permalink
 
August 10, 2011
  DO YOU WANT YOUR LAWYER TO BE WELL-KNOWN OR WELL-RESPECTED?
Posted By Chad Hemmat
There are some law firms that primarily represent insurance companies against Colorado's injured but occasionally dabble in representing injured parties. Some of these firms have started a rather public campaign suggesting that the resumes of ...
Continue reading "DO YOU WANT YOUR LAWYER TO BE WELL-KNOWN OR WELL-RESPECTED?" »

Permalink
 
July 15, 2011
  TIME FOR THE SETTLEMENT CONFERENCE: What to do ... What to expect and ... What is expected of you
Posted By Chad Hemmat
About 30 years ago, a number of retired judges got together and formed some of the first mediation companies in the United States. In fact, one of the earliest and longest running of these companies in the whole country is here in Colorado. The ...
Continue reading "TIME FOR THE SETTLEMENT CONFERENCE: What to do ... What to expect and ... What is expected of you" »

Permalink
 
June 23, 2011
  ARE HOSPITALS ALLOWED TO CHERRY-PICK WHETHER THEY BILL YOUR HEALTH INSURANCE OR NOT?
Posted By Chad Hemmat
First, why wouldn't a hospital want to get paid from health insurance? As you will see, this issue is more complex than it might seem at first blush. Some hospitals WILL submit their bills to health insurance, UNLESS they feel they can recover ...
Continue reading "ARE HOSPITALS ALLOWED TO CHERRY-PICK WHETHER THEY BILL YOUR HEALTH INSURANCE OR NOT?" »

Permalink
 
June 10, 2011
  WINNING THE CASE THAT APPEARS UNWINNABLE: Part 3
Posted By Chad Hemmat
This case started with a garden-variety two vehicle car crash. The at-fault driver was uninsured. At first, it seemed that the injured woman would only need conservative medical care, but the injuries and subsequent treatment soon spiraled out of ...
Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 3" »

Permalink
 
June 03, 2011
  WINNING THE CASE THAT APPEARS UNWINNABLE: Part 2
Posted By Chad Hemmat
The bad facts of this next case caused several law firms to turn it away as un-winnable before WE took it and won. INTRODUCTION : This injury was caused during a two car motor vehicle collision. While the vehicle driven by the at-fault party had ...
Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 2" »

Permalink | Comments()
 
May 06, 2011
  WINNING THE CASE THAT APPEARS UNWINNABLE: Part 1
Posted By Chad Hemmat
Consider a case where an employee is horribly injured on the job (due in large part to the employee's own negligence) and his employer didn't carry worker's compensation insurance. Sounds like a tough case, doesn't it? How about the ...
Continue reading "WINNING THE CASE THAT APPEARS UNWINNABLE: Part 1" »

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