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, 2016|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?|

Does The Jury Know?

 

If I file a lawsuit to recover damages for my medical bills and other damages that I suffered in my car accident, and I proceed to trial, will the jury know that the other driver is insured (and that the other driver will not have to come out of pocket if the jury awards damages)?

 

 

In Colorado, damages are to be determined without reference to the defendant’s ability to pay, including the consideration of whether the defendant has liability insurance. Evidence of insurance is inadmissible evidence to show that a person acted negligently or otherwise wrongfully. CRE 411.

 

In some rare, limited circumstances, evidence of insurance may become admissible if such evidence of insurance is offered for some limited purposes, for example to show ownership of a vehicle, or bias of a witness.  However, in my experience, insurance companies zealously protect the jury from becoming aware that the defendant is fully insured.

 

Experienced. Ethical. Intelligent. Personable. Law One.

By |April 15th, 2014|Uncategorized|Comments Off on Does The Jury Know?|