In addition to economic and non-economic damages, an injured person is entitled to claim punitive damages against a drunk driver for their reckless conduct. Punitive damages are designed to punish the defendant and serve as a deterrent to drunk driving.
- Steve Wahlberg
Personal injury damages include the following: lost earnings, lost earning capacity in the future, past medical expenses, future medical expenses, along with non-economic damages for pain, suffering, emotional distress, impairment/disability and disfigurement/scarring. In the event that a health insurance company or governmental agency has paid an injured person’s medical expenses, they may claim reimbursement or subrogation from any award.
- Steve Wahlberg
The laws surrounding uninsured/underinsured motorist coverage can be tricky. Did you know that you may be entitled to damages even if you were hit by a driver that carries no or very little insurance? If you have purchased uninsured/underinsured coverage on your automobile policy you can seek damages from your own insurance company and they can’t raise you rates.
- Michael Nimmo
Hospital acquired infections and specifically Methicillian-resistant Staphylococcus aureus (MRSA) infections pose huge health risks for patients. Imagine going into the hospital for a procedure only to get a life treating infection because the hospital staff or your doctor did not wash their hands or equipment. The CDC (Center for Disease Control) estimates that hospital-acquired infections of all kinds, not just those caused by MRSA, are killing almost 100,000 Americans a year.
Colorado does require hospitals, ambulatory surgical centers, and dialysis centers to report cases of hospital-acquired infections to the CDC to be analyzed. Currently The Colorado Department of Health is publishing reports that include infection rates for certain cardiac and orthopedic surgical site infections and central line related infections. These reports are available for public viewing at http://www.cdphe.state.co.us/hf/PatientSafety/HFAI/reports.html and compare infection rates as better than nation wide, same as nation wide or worse than nation wide.
The Washington Post recently published an article that discusses a survey of 731 nurses who care for patients in the emergency rooms, critical-care units, operating rooms and other areas of the hospital. 28 % of the nurses said there were problems with cleanliness at their hospital and 26 % of the nurses surveyed said hospital staff members sometimes did not wash their hands before approaching a patient. www.washingtonpost.com/wp-dyn/content/article/2009/08/24/AR2009082402332.html
Good hand washing is the single most important element of preventing hospital-acquired infections yet it is often over looked or totally neglected during patient care – such that a single medical provider can carry infection around an entire unit, this person could be a doctor, nurse, nurse assistant, a lab or x-ray tech. - Medical Providers should always wash their hands prior to any contact with a patient or a patient’s belongings and again after that contact is complete. If you are a patient tell your health care provider to wash their hands before touching you or your belongings.
- Pennie Clor
Anyone who is the victim of a crime – including car wrecks where the defendant was driving carelessly, running a stop sign or red light, etc. – is entitled to restitution in the criminal proceedings which can include financial losses, such as co-pays, out of pocket expenses, lost earnings, or medical expenses which are not recovered in the civil case pursuant to § 18-1.3-601-603, C.R.S.
- Steve Wahlberg
If you have been injured as a result of taking prescription drugs, collecting damages for those injuries is difficult. The law requires that you prove the drug was inherently dangerous or that the manufacturer failed to provide adequate warnings on their labels. The lawyers at Hillyard, Wahlberg, Kudla, & Sloane are experienced attorneys who will fight to take on the billion dollar drug companies and make them pay for their mistakes.
- Michael Nimmo
You are in a car accident and you or a member of your family is injured. First question is probably do I need to talk with a lawyer. The answer to that question yes. It won’t cost you anything and you will at least learn your rights. How do you choose a personal injury lawyer?
Many personal injury lawyers are advertising on TV today. This is not the way to find a personal injury lawyer! Unfortunately, in my opinion, our profession has been degraded by this type of advertising. Most of the lawyers who do this are merely seeking a volume of clients. Ask yourself what useful information you get about the attorney from that TV advertisement.
There are resources easily available to you to find the best personal injury lawyers. There is a publication and a website called Best Lawyers in America which identifies lawyers by specialty, including personal injury and medical malpractice. You can easily get valuable information about the lawyers who have been voted into this publication by their peers, other lawyers. You can then go to the lawyer’s website and find detailed information about the lawyer. Look for a lawyer who has years of experience in personal injury law and who has been recognized by his or her peers as one who is a leader in this field.
If you know a lawyer who does not practice personal injury law, call that lawyer and ask him or her for a recommendation. Most likely they will know who has the best reputation in personal injury law.
Whatever path you take in finding a personal injury lawyer, don’t just call the TV lawyer who makes claims about how wonderful he or she is. Anyone can buy an advertisement on TV.
- Neil Hillyard
The law recognizes the unnecessary tragedy caused by drunk driving - and so do the insurance companies. When an accident involves drunk driving, it is usually considered an aggravating factor by juries, and therefore also by the insurance companies. An aggravating factor is an aspect of the case that increases the value of the claim in settlement negotiations or in court through a category of damages called punitive damages. Punitive damages are awarded against the negligent driver to punish him for his wrongdoing.
The high cost of gasoline has resulted in an increased use of motorcycles, bicycles, scooters and motorized bikes of all kinds. With more of these means of transportation on the road, there appears to be an increase in accidents between cars and trucks with these alternative means of transportation. It is important for all of us to increase our awareness and be alert to the presence of these types of vehicles on the roads so that these accidents can be avoided.
- Dan Sloane
Federal legislation took effect last December and requires all public pools and spas in places such as parks, hotels and schools to replace flat drain covers with dome-shaped covers that generate less suction force. The law was named for the 7-year-old granddaughter of former U.S. Secretary of State James Baker. She drowned in 2002 when she became trapped underwater by powerful suction from a drain in a spa. The Virginia Graeme Baker Pool and Spa Safety Act required public Pools and Spas to be in compliance by December 19, 2008. The Consumer Products Safety Commission has reports of 130 people who became entrapped on pool and spa drains or whose hair became entangled in the drain cover, resulting in 27 deaths. While most pool operators have made a good effort to comply with this law be aware that there are few resources available to enforce this law through inspections. The Consumer Product Safety Commission is charged with enforcing the law, but it has only 400 employees across the nation. Colorado and local health departments conduct pool health inspections, but don’t have the authority to do safety inspections. Therefore, some pools may not be in compliance.
Also this law only applies to public pools and spas, therefore, precautions need to taken while children are swimming private pools. Children need to be supervised by an adult at all times while near a pool. Even a child that is a great swimmer can be trapped by suction from a drain in a pool or spa. Children should be given precautions to stay away from drains at all times even if it is a drain in a pool that is believed to be in compliance. For more information on pool safety go to www.cpsc.gov.
- Pennie Clor