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Are you interested in keeping up to date with Law One news and content? Make sure to follow us on our various social media channels! Our general posts include everything from news surrounding Law One events and updates to law statistics and facts. For example, some of our recent posts have included our collaboration with the Colorado Chiropractic Association Convention and a short video detailing personal injury settlement facts. 

Make sure to keep an eye out for our content on Instagram, Twitter, Facebook, and LinkedIn. The law community is extremely active on social media, so we make sure to keep up with all the most relevant hashtags, such as #denverlaw, #personalinjurylawyers, and #lawyersofInstagram. We’ve made a lot of great connections through these hashtags, with local law firms and national professionals alike, so make sure to check them out!

Is there any other types of content you’d be interested in seeing? Reach out to our social channels and let us know! 

By |October 29th, 2019|Uncategorized|Comments Off on Follow Us on Social Media!|

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|

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|

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|

Is My Wedding Ring Marital Property?

 Gifts of nonbusiness tangible personal property, given from one spouse to another, is presumed to be marital property pursuant to C.R.S. § 14-10-113(7)(a). However, the presumption may be rebutted by clear and convincing evidence.

Experienced. Ethical. Intelligent. Personable. Law One.

By |April 30th, 2014|Uncategorized|Comments Off on Is My Wedding Ring Marital Property?|