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So far Law One has created 26 entries.

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|

New Law One Blog!

Welcome to the Law One Blog! We hope to offer you interesting and informative information in the legal field, with emphasis on personal injury and family law topics. Please check with us next week!

By |February 19th, 2014|News and Updates|Comments Off on New Law One Blog!|