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
The American Association for Justice (“AAJ”) is an organization of trial lawyers whose stated Mission is “to promote a fair and effective justice system-and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America’s courtrooms, even when taking on the most powerful interests.” The AAJ is continuing to monitor the efforts of the Obama administration to achieve healthcare reform and to work with the administration and Congress to assure that the rights of those persons whose mission it is to protect will not be sacrificed.
The attorneys of Hillyard, Wahlberg, Kudla & SLoane, LLP, all members of AAJ, and the state associated organization, the Colorado Trial Lawyers Association (“CTLA”) strongly support AAJ’s efforts to protect the rights of those injured by the negligence of others.
- Daniel A. Sloane
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
My practice is representing people who have been injured by another person’s negligence. Sometimes this involves a car accident. Sometimes it involves medical malpractice. My clients didn’t cause their injury. My clients were not at fault. Yet I repeatedly hear expressions such as “I’m not a litigious person”, “I never thought I would do anything like this”, or some other expression bordering on guilt that they are even considering retaining a lawyer to assert a claim. I always ask them why they feel that way. I ask them who is going to stand up for them if they do not stand up for themselves. They always agree with me but usually can’t shake a feeling about how others are going to perceive them because they are, in fact, standing up to an insurance company.
Why do people feel this way? The insurance industry and the business community, with a great deal of money and propaganda, have created a picture in the media, in advertisements, and in other ways that we are a “sue happy” society. They have been very effective in doing this. They have distorted the truth about our judicial system and how it works. They have successfully portrayed insurance companies and big business as the victims rather than the real victims of other’s negligence. They have successfully portrayed anyone who stands up to them as greedy people who are looking for an easy buck. They have successfully portrayed legitimate claims as “frivolous”. My own profession has contributed to this by conduct by some which appears to be just what the insurance companies want the public to believe about lawyers. The media reports on cases that involve days and weeks of testimony and evidence and summarize the entire case in 2 paragraphs that can’t begin to tell the true whole story.
As a consequence of all this the general public looks with some disdain on lawsuits. In my experience this is true until it happens to them or a family member. Then the terrible consequences of being seriously injured or a loved one killed comes home. The cold indifference of an insurance company becomes apparent. The assumption that they will be treated fairly disappears. Reality sets in. They realize, if they don’t stand up for themselves or their family, nobody else is!
- Neil Hillyard
Colorado allows non-economic damages for pain, suffering and emotional distress and a completely separate category for impairment – what is the difference? Impairment could be described as the “Can’t Do’s” or the “Don’t Do’s”. People who used to enjoy golfing, bowling, skiing, bike riding, hiking and other recreational activities but are no longer able to as the result of an accident are said to be suffering impairment. An injured person is entitled to a separate award for their impairment or disability. Pain and suffering is the natural consequence of an injury and can be projected over the life of an injured party when there are permanent injuries. Juries are asked to consider an award for pain and suffering, emotional distress and disability/impairment in every case involving a serious personal injury.
- Steve Wahlberg