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Blog Posts in 2011

30 results found. Viewing page 1 of 2. Go to page 1 2   Next

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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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. ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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. ...
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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 ...
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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 ...
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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 ...
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LAWYER MALPRACTICE: why it happens, how you can tell when it has happened to you, and what you can do about it

There seems to be an unwritten rule that lawyers need to watch each other's backs. It is the notion that we as colleagues, perhaps even members of an exclusive club, should look the other way to the ...
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INSURANCE COMPANY BAD FAITH: Knowing what NOT to argue

When an insurance company is on trial for its conduct, its best friends are "confusion, complexity, and distraction." Every argument an insurance company makes in response to a policyholder's ...
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