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So far Law One has created 13 entries.

The Importance of a Will

The primary importance of a will is that you can designate what assets are going to go to which person. You can designate a certain asset to go to a certain person, that a group of assets will go to a group of people, or that your entire estate goes to a certain group of people in certain percentages. You can also designate a personal representative. A personal representative is what’s also known as an executor. That person is going to garner all your assets, pay all your debts, and then distribute the property that’s left in accordance with your wishes. You can also designate a guardian in your will. Although not binding on the court, normally the court will follow your wishes and designate the guardian you select. Finally, you can designate a minor as one of your beneficiaries. If you do so, we can create a trust such that that minor will be paid in time as you direct.

By |May 14th, 2019|Uncategorized|Comments Off on The Importance of a Will|

A Quick Look at Liability

As the saying goes, accidents happen. This saying is of little comfort for those who have been injured in an accident of some type. Whether it’s the result of falling due to a dangerous condition, an object striking you because it wasn’t properly secured, or an auto accident caused by someone else’s carelessness, your injuries are the result of a so-called accident that could have been prevented. The first step, if you’ve been hurt, is to determine what insurance coverage exists. The negligent party may have insurance that will cover you for your injuries. For example, Colorado requires that every driver carry liability coverage with a minimum of $25,000 in coverage just in case they cause an accident.

Additionally, in cases where the injury was a result of something other than an auto accident, many homeowners insurance and renter’s insurance policies cover personal liability coverage in the event that a person causes an injury to another party. Businesses also usually carry professional liability insurance in case an employee injures someone or someone is hurt while visiting their business. Once insurance coverage has been verified, the next step is to open an insurance claim to recover for your losses due to your injuries. However, insurance companies will always look for an excuse not to pay you for their claim. They’ll never want to pay you for your injuries. We can help make sure that you’re protected and your rights are covered when an insurance company isn’t paying you. If you’ve got an open claim, please contact us about how to protect your rights and secure your claim. Don’t let someone else’s accident cost you.

 

This blog was originally posted as a video on the official Law One […]

By |April 2nd, 2019|Personal Injury|Comments Off on A Quick Look at Liability|

Dog bites and recovery

To recover in Colorado for a dog attack, there is no longer a requirement that the victim prove that the owner of the dog knew of the dog’s vicious tendencies, if serious bodily injury results. A person who suffers serious bodily injury from being bitten by a dog while lawfully on public or private property is entitled to bring a civil action to recover economic damages against the dog owner regardless of the viciousness or dangerous propensities of the dog or the dog owner’s knowledge or lack of knowledge of the dog’s viciousness or dangerous propensities. C.R.S. 13-21-124.

Serious bodily injury means substantial risk of serious permanent disfigurement, a substantial risk of protracted loss or impairment of the function of any organ of the body, or any break or fracture. C.R.S. 18-1-901.

If the  owner knew of the dangerous propensities of the dog, the victim may then recover noneconomic damages, such as pain and suffering, loss of enjoyment of life and permanent impairment. If you or your child has been bitten by a dog, call us for more information.

Experienced.Ethical.Intelligent.Personable.LawOne.

By |April 29th, 2018|Uncategorized|Comments Off on Dog bites and recovery|

Insurance Coverage and You, Part 1: Liability Coverage

Nowadays, most of us set up our auto insurance for auto-pay, and after initially setting it up we do not reexamine it. We pay our premiums, but as life changes we forget that we may need different coverage. Here at Law One, we recommend you review your policy annually, to review your coverages and limits to be sure you have the proper coverage for your situation.

The first kind of coverage most of us have is liability coverage. Liability coverage provides protection for other drivers if you are at fault in an accident. In Colorado, you are required to have a minimum policy limit of $25,000.00 of liability coverage. What this means is that if you are at fault in an accident, your insurance provider could pay the other driver up to $25,000.00 for their damages, injuries, pain and suffering.

You can always obtain more coverage by paying a higher premium. Many drivers ask, “Why would I want to pay for more coverage just to benefit someone else?” The reason is because at-fault drivers can be personally held liable for any damages that are greater than their policy limits.

Here is a useful hypothetical: Imagine you have paid for a minimum policy limit of $25,000.00 and you are at fault in an auto accident. The other driver sustains $35,000.00 in total damages. Your insurance company will only pay $25,000.00 of those damages, meaning that you could be personally liable for the additional $10,000.00. Generally, increasing your liability coverage to $50,000.00 requires only a small increase in your premium, but provides a lot more protection in case you ever cause an accident.

We hope you are never involved an auto accident, let alone the cause of one. Having the […]

By |April 5th, 2017|Personal Injury|Comments Off on Insurance Coverage and You, Part 1: Liability Coverage|

Auto Claims

 

On occasion, the at fault driver that causes injury in an auto accident cannot be found, whether they leave the  country or get “lost” in this country. If that driver is insured at the time if the accident, such insurer can  become the agent for service of process if it can be demonstrated that reasonable effort was utilized to locate the absent at fault driver. In that event, a civil action can still be pursued against the absent at fault driver, up to the limit of the insurance coverage. This applies even if the at fault driver terminated coverage after the accident but before the lawsuit is filed.  C.R.S. 42-7-414(3).

 

Experienced. Ethical. Intelligent. Personable. Law One.

By |December 4th, 2014|Uncategorized|Comments Off on Auto Claims|

Maintenance Calculations

Guidelines for Maintenance (formerly alimony) in Colorado: The Colorado Legislature revised the maintenance statute effective January 1, 2014. There are now guidelines for maintenance, similar to those of child support. Under the relatively new law, the amount of presumed maintenance is calculated by taking forty percent of the higher income party’s monthly adjusted gross income less fifty percent of the lower income party’s monthly adjusted gross income. C.R.S. 14-10-114. There are certain exceptions and conditions. To strategize regarding maintenance in your case, you need an experienced, intelligent attorney.

 

Experienced. Ethical. Intelligent. Personable. Law One.

 

Joseph Elio

Law One

1444 Blake Street

Denver, CO 80202

303.831.8313

elawone.net

 

By |October 15th, 2014|Uncategorized|Comments Off on Maintenance Calculations|

Punitive Damages May Be Awarded To Injured Persons

In the event a person is injured and the injury complained of is attended by circumstances of fraud, malice, or willful and wanton conduct, the injured person may be awarded punitive, also known as “exemplary”, damages. The award, in addition to the actual damages sustained by such party, may not exceed an amount which is equal to the amount of the actual damages awarded to the injured party. C.R.S. § 13-21-102 (1)(a).

 

The phrase “willful and wanton conduct” means conduct purposefully committed, which the actor must have realized as dangerous, done heedlessly and recklessly, without regard to consequences, or of the rights and safety of others, particularly the plaintiff. C.R.S. § 13-21-102 (1)(b).

 

A very common example of an award of punitive damages occurs when a person is injured in an accident by a drunk driver and the person injured in the accident requests that punitive damages be awarded. Under limited circumstances, punitive damages may be tripled. C.R.S. § 13-21-102 (3).

 

Experienced. Ethical. Intelligent. Personable. Law One.

 

Joseph Elio

Law One

1444 Blake Street

Denver, CO 80202

303.831.8313

elawone.net

 

By |August 8th, 2014|Uncategorized|Comments Off on Punitive Damages May Be Awarded To Injured Persons|

Cap On Damages For Injuries In Accidents

Cap on damages awards for pain and suffering from injuries in accidents in Colorado

 

The Colorado legislature has set a maximum amount that Colorado citizens can be awarded for noneconomic damages in Colorado. C.R.S. 13-21-105. The Legislature defined noneconomic damages as “pain and suffering, inconvenience, emotional stress, and impairment of the quality of life” as a result of injuries sustained in the accident. C.R.S. 13-21-105.

 

The cap as the date of this blog is $468,010.00. If the Court finds justification by clear and convincing to increase the amount, there is an absolute maximum of $936,030.00 for noneconomic (pain and suffering) type damages. The maximum for pain such damages in medical malpractice cases is less. C.R.S. 13-64-302.

 

Experienced. Ethical. Intelligent. Personable. Law One.

 

By |July 24th, 2014|Uncategorized|Comments Off on Cap On Damages For Injuries In Accidents|

Drunk Driver

                            

Tavern liability for drunk driver injuring others

 

In Colorado, a bar may be liable to a person that is injured (or to a person’s family if the accident is fatal).  To recover, in general, the injured party must demonstrate that the tavern willfully and knowingly sold or served alcohol to a visibly intoxicated person or to a minor.  C.R.S. § 12-47-801. The statute of limitations is generally only one year from the date of the accident.  C.R.S. § 12-47-801.

 

Experienced. Ethical. Intelligent. Personable. Law One.

 

Joseph Elio

Law One

1444 Blake Street

Denver, CO 80202

303.831.8313

elawone.net

 

By |June 17th, 2014|Uncategorized|Comments Off on Drunk Driver|

Auto Accident

If I am in an auto accident with a city, county, or state worker and they are at fault, can I make a claim against the city, county, or state?

In general, a governmental employee has immunity for all claims which could lie in “tort”. However, a claim can be made against a public entity, if the employee of the public entity is operating a motor vehicle owned or leased by a public entity, and that employee while driving is acting in the scope of employment. C.R.S. 24-10-106. There are some exceptions for emergency vehicles in some circumstances.

 

Injured by a motor vehicle driven by a city, county or state vehicle? Call Law One.

 

Experienced. Ethical. Intelligent. Personable. Law One.

 

Joseph Elio

Law One

1444 Blake Street

Denver, CO 80202

303.831.8313

elawone.net

 

By |May 22nd, 2014|Uncategorized|Comments Off on Auto Accident|
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