February 20, 2015

Hurt In A Slip And Fall Accident? Personal Injury Attorneys Can Help

Filed under: Personal Injury — Tags: — sloat @ 8:06 pm

slip-fall-2A slip and fall can happen anywhere. Sometimes a slip and fall just happens. Maybe you were not paying attention when you were walking down a street in Boulder and fell. In many situations, a slip and fall is not your fault, but someone else’s fault. Maybe you were paying attention as you were walking when you slipped and fell because of a slippery floor.

When you are injured and hurt in a slip and fall accident, you want the help of a personal injury attorney. It may be obvious the other party is at fault for your accident. That does not mean he or she will willingly pay you. It also does not mean that if the other party is willing to pay, he or she will pay you a fair amount. In fact, many people injured in this type of accident have to file a claim before the case is settled out of court.

Determining Liability

Determining who is at fault for your accident is difficult to do without an attorney. It goes beyond just telling the court the other party harmed you. In Colorado, the court wants proof the other party caused your accident. How is liability determined? First, this type of accident falls under premises liability. So the following must be true for the other party to be liable:

• The premise owner or employee must have caused the dangerous condition. The dangerous condition may be a worn spot, torn spot or slippery surface.

• The premise owner or employee should have known about the dangerous surface because a reasonable individual taking care of a similar property would have known.

• The court uses a reasonable person standard to test the other party’s liability. If a reasonable person would have known about the dangerous condition, the other party would have been at fault.

• The premise owner or employee must have known the area where you slipped was dangerous and did nothing about it.

The tough part about trying to sue a premise owner without a lawyer is proving that he or she “should have known” about the slippery surface. A personal injury lawyer can find experts who will testify regarding what a premise owner should have known.

What Does the Word “Reasonable” Really Mean?

In legal terms the word “reasonable” is determined by asking several different questions like:

• Was the dangerous condition present long enough for the premise owner to know about it?

• Does the premise owner have regular procedures for spotting, cleaning and repairing a slippery surface?

• Were there any factors that contributed to the slip and fall accident, like poor lighting or broken rails?

Were You Careless?

The court evaluates the plaintiff’s carelessness in his or her accident. If you were careless and caused or contributed to the slipping and falling, it will stop you from suing, or it will lower your award amount. Some questions the defense lawyer and/ or claims adjuster will ask are:

• Did you have a legitimate reason for being in the slippery area?

• Were there any warnings posted about the area being slippery or dangerous?

• Would a person in your same or similar position have noticed the slippery surface and either avoided it or carefully walked through it?

• Were you distracted or not paying attention at the time of your accident?

Slip and fall lawsuits fall in the category of negligence. If you or a loved experienced this type of accident, contact a personal injury lawyer today.

February 17, 2015

Colorado Motorcycle Safety and Laws

Filed under: motorcycle safety — sloat @ 7:42 pm

motorcycle-2Before you hit the road on your motorcycle, you should make sure you are following the rules of the road. Some accidents happen because drivers have not earned the proper qualifications that permit them to ride a motorcycle. There are some basic rules and standards you must follow.

  • You must pass a written test at a Driver’s License office and purchase a motorcycle instruction permit.
  • You must pass a drive test at a Driver’s License office or with a third-party tester.
  • You must pay the fee to add the endorsement to your license.
  • Your written and drive tests can be waived if you enroll and successfully complete a Motorcycle Safety Foundation (MSF) training course. When you present your MSF certification card at the Driver’s License office, you only pay a fee to add the endorsement to your license.
  • You must also have the minimum of liability insurance. It would be wise to speak with an agent for additional coverage. You may also be eligible for discounts on insurance if you present your MSF certification card.

Motorcycle riders are five times more likely to suffer injuries in accidents than car occupants, according to a report by the U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA). Riders are also 30 times more likely than car occupants to die in a crash compared to every vehicle mile traveled. You must be aware of Colorado Motorcycle Safety laws to ensure your safety on the road. Here are some of the minimum standards to ride your motorcycle safely in Colorado.

  • Drivers should wear helmets and eye protection for the sake of safety. Colorado does not require motorcycle riders to wear helmets, but in more than half of all motorcycle road fatalities, they were not wearing helmets.
  • You should make sure that your passenger wears safety gear and follows safety rules. Your motorcycle must be equipped with footrests for passenger safety.
  • Passengers are not allowed to ride in front of the driver.

Riding a motorcycle may be fun and adventurous, but it comes with big responsibilities. Drivers must obey traffic laws and still be aware of other vehicles on the road.

  • Ride with your high beams and/or fog lights on to help vision on the road during rain or fog. This will also help heighten the awareness of other vehicles on the road. Wear brightly colored gear during rainy or foggy weather. Drivers should also make sure to wear reflective vests during nightfall.
  • Motorcyclists are allowed to share a lane or “co-lane” with other riders. It is illegal, however, to share a lane with a motor vehicle in Colorado.
  • You should not grab another vehicle while riding or try to pass a vehicle

February 16, 2015

What to Do If You Have Been Hit by a Tractor Trailer or Semi

Filed under: truck accidents — Tags: — sloat @ 7:27 pm
semi accident

If you have been hit by a tractor-trailer or semi, this may be a traumatic time for you. You may be injured, and you may also be suffering from emotional trauma that the accident case. The future ofyour job is uncertain, the hospital bills are piling up, and you are in a constant state of worry. You have heard many ideas about what course of action you should pursue. The insurance company is pressing you to settle. You’re confused, and you feel like you are on your own.

What You Need to Be Aware Of

There were 333,000 accidents that involved semi-trailer trucks just last year, according to the National Highway Traffic Safety Administration. Most of these accidents occurred because of driver negligence. As required by law from the Federal Motor Carrier Safety Administration, semi trucks are held to an entirely different standard, and their accidents are treated differently than those that involve a passenger vehicle, such as a car, pickup truck or motorcycle. Insurance policies on commercial vehicles like semi trucks can cover $1 million, which is why it is important to talk to an accident and injury lawyer about your case.

Talk to the Right People

After your accident, many people may try to give you advice. You may hear about other people’s cases and how much money they obtained from the insurance, or even from the judgment.The truth is that every accident is unique, and every case is different. Even if you were injured similarly as someone else on the same road, with the same conditions, it still is not the same. The core circumstances of your accident are different, and the insurance may settle for more or less than the stories you hear.

Never Settle Quickly

Insurance companies will usually try to settle quickly because it is in their best interest, not because it is in your best interest. By settling quickly, you may discover that you had injuries you were unaware of, resulting in extensive medical bills. The diagnosis of your injuries may change as they heal or worsen over time. This may affect your type of treatment and how long you need to be treated for your injuries. It is hard for you to judge quickly the toll the accident will take on your life in both physiological and psychological aspects. You need time to properly evaluate them with the care of a knowledgeable doctor.

This is just a brief outline as to why you need to have an experienced attorney oversee your claims. Your lawyer can make sure that you receive the compensation you deserve. You have suffered enough with your injury, so let as professional of the law handle your insurance to help you receive everything you need for a proper financial and physical recovery.

January 28, 2015

A Boulder Law Firm Handles All Possible Personal Injury Lawsuits

Boulder Law FirmThe circumstances surrounding injuries are wide and varied, which is why the area of injury law covers a vast amount of possibilities. Lawyers in this field immerse themselves in rigorous, extensive education to emerge as experts in law. Victims of life-changing injuries need a support system that will hold their persecutors accountable and make their voices heard in the legal system. A lawyer from a Boulder Law Firm is exactly the kind of guide for people who need a manageable way of paying off burdening bills.

Auto Accidents

Auto accidents are unfortunately common occurrences in the U.S., and the injuries that result from them can often by irreversible. A skilled personal injury lawyer can unearth all of the surrounding factors to make sure the responsible party is forced to pay the victim.

Slip and Fall

Some property owners are simply careless in wiping their place clean of any spills or letting their floors dry. Whether the floor has been polished too much or is too wet from a spill, those owners will have to face the consequences someone has taken a slip and fall and suffered brain damage or a spinal injury. Having to pay a hefty sum will make it less likely that the owner will make the same mistake in the future.

Dog Bites

A genuine bite from a dog can cause nasty lacerations and infections that require immediate medical attention. It can also scare a person away from dogs in the future and cause them irrational fear of a bite at any moment. Both physical and emotional suffering warrant consideration, and an attorney can see to it that clients are paid sufficiently for both.

Wrongful Death

The death of a loved one is an incalculable horror that no one should ever have to endure. The emotional toll it takes is already too much, but that person’s absence can also lead to financial difficulties if he or she was the primary breadwinner of a family. A lawyer can carefully navigate legal waters so that dependent family members are paid an amount of money that is equal to how much their loved one was worth before passing. Emotions are also a factor in the final decision regarding damages to be paid. Money can never make up for a loved one’s absence, but it can make the eventual financial struggle much easier to maintain so that more important matters can be handled.

These examples are just a few parts of a competent lawyer’s mastery of personal injury law. Others include motorcycle accidents, drunk drivers, spinal cord injuries, insurance bad faith and bicycle accidents. If you or someone you know is the victim of an accident in Boulder, Colorado, hiring a lawyer is the first step to recovery.

January 21, 2015

The Expertise of a Personal Injury Lawyer in Boulder

Filed under: Personal Injury — Tags: — sloat @ 3:56 am

sloat-personal-injury-lawyer

The rigorous, lengthy education that law students pursue is what cultivates them into the professionals they become years later. Personal injury lawyers in particular are required to devote themselves to the various parts of injury lawsuits that have evolved over time. This includes matters as huge and tragic as a horrific car accident and as quick as a slip and fall. Each one, no matter how simple or complex, can leave an innocent person with debilitating harm that changes his or her entire life. A personal injury lawyer in Boulder has many different areas of expertise to help clients deal with all sorts of problems.

Many Different Areas of Expertise

Auto accidents are some of the most common accidents in the world, happening every day in every state across the nation. Accidents of this nature often result in traumatizing injuries that require years of intense physical therapy and complex surgeries. Incidents of slip and fall injuries often stem from careless property owners who allow spills and unsteady surfaces to remain without maintenance, and this simple act of carelessness can leave a person with brain injuries and spinal injuries. Sometimes death can occur because of matters like these, opening up a different approach to pursuing a successful lawsuit.

Obtain a Proper Reward

Whatever the case may be, it is the personal injury lawyer’s responsibility to make sure that the client’s needs are sufficiently compensated. The significant financial responsibilities that burden a person struggling with injuries can only be solved after a proper reward has been given to them from either a settlement or from winning in a court of law. Emotional anguish that is tormenting a person who has lost a loved one is also relevant when considering an appropriate payment for damages.

Your Lawsuit Demands the Full Attention of a Lawyer

The delicate and complex subject matter of personal injury suits demand the full devotion and attention of the lawyer. It equips them with the expertise they need to improve the lives of clients and help set them on a road to recovery.

January 13, 2015

Working with an Experienced, Reputable Boulder Law Firm

Filed under: Personal Injury, wrongful death — sloat @ 3:21 am

Matters as delicate as traumatic injury and death require the sort of meticulous planning and foresight that are unattainable in times of high tension and stress. Nobody wants to have to set aside their grievances for the sake of delving into the legal ramifications and eventually possibly finding some kind of financial reward at the end.

Boulder law firm

Sloat and Nicholson, P.C. takes on these burdens to allow you the space and time to deal with your emotions.

A Boulder Law Firm with years of experience and a reputation for unparalleled service takes on these burdens to allow you the space and time to deal with your emotions. Involving a stranger in these matters may not be a pleasant thought, but your trust in a personal injury lawyer or wrongful death lawyer will never be violated.

Get the Compensation You Deserve

The party who had a hand in the injury or death is a part of this event and must be held accountable to some degree. Before your lawyer seeks a particular amount of compensation for your loss, he or she must know every detail surrounding the event, no matter how minute it may be. Confiding in your lawyer everything you can recall, even the unsavory parts, equips them with the tools they need to fight for you against the other party and possibly in court. The extent of your knowledge regarding personal injury or wrongful death law is of no consequence, as your attorney will have an encyclopaedic insight into its many tricky and nuanced avenues.

Your Feelings are Taken into Account

Whatever the details surrounding your lawsuit may be, you are guaranteed to be shackled by a lot of unpaid bills and personal grief. That is where the payoff lies. Money can never cover every base of your frustration, but the resulting financial reward can relieve some serious problems that have resulted from these tragic occurrences. All of your medical bills can potentially vanish with this money and even pay for more professional surgeries that need to be performed. If the deceased was the primary source of income in your family, his or her worth can be repaid in dollars. Your feelings are also taken into account when a decision is made about paying damages. Emotional devastation can also be compensated, particularly in wrongful death lawsuits.

If you live in Boulder, Colorado, and are the victim of a debilitating accident or are experiencing the aftermath of a loved one’s death, do not hesitate to seek a law firm with respectable credentials.

December 16, 2014

What Kinds of Advice Can a Colorado Injury Lawyer Give You?

Filed under: Personal Injury — Tags: — sloat @ 4:37 pm

Colorado injury lawyerDid you suffer an injury as the result of someone else’s negligence? If so, you should contact a Colorado injury lawyer as soon as possible after your accident. Your attorney will be able to give you advice that will help protect your claim so that your case can have the best outcome.

There Must Be a Breach of Duty

In order to make a claim for damages, there must have been a breach of duty, or negligence on the part of another person who caused your injury, and you must have suffered harm. Your attorney will be able to ascertain if you have a valid claim.

Document Everything

If you have a valid claim, your lawyer will want you to establish a medical record if you haven’t already done so. This is to ensure that there will be evidence that you sought and received treatment after the injury. Bear in mind that some types of injuries may not show up until weeks or even months later, so you should attend to this even if you are not in pain. Additionally, you will probably be asked to gather the following:

  • Any photos of the accident and injuries
  • Any receipts for medical treatment
  • Copies of any statements made to the police, claims adjusters or others
  • Copies of any correspondence with the insurance company

Disclose Facts Surrounding the Accident

Your attorney will want to know all of the facts that led up to the time of the accident, what happened during the accident and what happened after the accident took place. Be honest and disclose all of the details as best as you can recall them.

Claim for Damages

If your attorney decides you have a valid claim, he will present the insurance company with a claim for damages. After the insurance company has reviewed the claim, it will probably initiate a round of negotiations. If you and the insurance company do not come to an agreement regarding the sum they will pay, your case could either go to arbitration or to trial. For the best possible outcome of your case, follow your attorney’s expert advice. Call 303-447-1144 today to schedule a free consultation with an experienced injury lawyer at Sloat & Nicholson, P.C.

December 11, 2014

Being Upfront with Boulder Injury Lawyers

Filed under: Personal Injury — Tags: — sloat @ 4:16 pm

Boulder injury lawyersWhen you have been injured in an accident as the result of someone else’s negligence, you should hire Boulder injury lawyers as soon as possible. This is so that the details of the accident and any evidence, such as photos, will be recorded and preserved to potentially be used as evidence in the future. Details fade over time and may be difficult to recall. Your relationship with your attorney will be built on trust. He or she will want to know everything concerning your case: the good and the bad.

Details: Before, During and After

Since memories fade and evidence can disappear, your attorney will need to make a careful record of all of the events that transpired before, during and after your injury. Try to remember and be very honest in reporting every detail. Do not exaggerate your claims of pain and injury. Do not downplay them either. Your attorney will want to be sure that you have a medical record from the time of injury and that you attend all follow-up visits. If you neglect this, it will be at the peril of your case.

Don’t Be Guilty of Acts of Omission or Commission

Sometimes people will fabricate a story to protect someone else, thinking it is an innocent act. For instance, someone else may have been driving your car at the time of the accident. Perhaps this person didn’t have a valid driver’s license or there was some other reason that they didn’t want to be identified as the driver. So, you say you were driving in order to protect them. This is known as an act of commission (you knew that you were telling a lie).

Another type of dishonesty is failing to disclose something that you knew was true, but which, for some reason, you choose not to disclose. In both of these scenarios, the real truth is likely to come out at the trial hearing, causing both you and your attorney to lose credibility and threatening the outcome of your case.

Honesty is the Best Policy

In order for your lawyer to fairly represent your case, all of the facts need to be out in the open, even if they damaging to your case. By disclosing the truth, there will be no surprises in court, and your case will have the best possible outcome. Call 303-447-1144 today to schedule a free consultation with experienced injury lawyers at Sloat & Nicholson, P.C.

December 9, 2014

Your Accident Lawyer in Boulder Should Have These Qualifications

Filed under: auto accidents — Tags: — sloat @ 4:05 pm

accident lawyer in BoulderIn the event that you are involved in an accident in the Boulder area, you will want to retain the services of a local accident lawyer in Boulder. Your attorney will be able to tell you if you have a valid claim, help you gather supporting documents and present your claim for damages to the insurance company. In the event that your claim cannot be settled, your accident lawyer can represent you at the trial. In order to choose the right attorney for your particular case, you need to be able to ask the right questions. Here are some tips to get you started.

Questions to Ask

In addition to being comfortable with your attorney, you also want to be sure he has the right expertise for your case.

  • Has he or she handled cases similar to yours?
  • Has he or she handled injuries like yours?
  • Can he or she give you some idea of settlement ranges in cases like yours?
  • How much is the fee?
  • Will you have to make any other payments (expenses)?
  • Can the lawyer provide client testimonials?

Most personal injury and car accident claims are handled on a contingency basis, as a percentage of the award for damages. The percentage is usually in the 30-40 percent range.

Choose Someone You Are Comfortable With

Sometimes accident cases can drag on for a long time. Therefore, you want to work with an attorney whom you feel comfortable interacting with. You do not want to be put in the position of having to start all over with another attorney in the event of a disagreement or personality conflict.

This is a two-way street. It is also important that you are totally honest with your attorney. Your legal relationship will be based on trust and full disclosure on the part of both of you.

By choosing an lawyer who is specialized in handling claims similar to yours, you will be able to obtain the best possible outcome for your case. Call 303-447-1144 today to schedule a free consultation with an experienced accident lawyer at Sloat & Nicholson, P.C.

November 16, 2014

A Guide to Filing a Wrongful Death Claim in Colorado

Filed under: wrongful death — Tags: — sloat @ 7:35 pm

wrongful death claimIt is a hard pill to swallow knowing that a loved one has passed prematurely due to the acts of another party. In such cases it may be possible to bring a wrongful death claim against the responsible party. There are a few key things to know before you make that move.

Who Can File?

To file a death claim in Colorado, one must be related to the deceased individual and be able to show that the deceased’s death was caused by the acts of the offending party. One must also show financial distress due to the loss. An individual’s spouse, or parents if they are a minor, has a year to file a claim after the incident. If a spouse decides not to file, the deceased’s children may file a claim within the following year, and the spouse may join in on a class action suit brought about by the children even after the initial year.

Know What You Can Get

Outside of the general and punitive damages, there are other claims that you can fight for. A few key ones are as follows:

  • Medical and funeral costs
  • Loss of the victim’s earnings and benefits
  • Suffering, mental anguish, and grief

Be mindful that your attorney will have to be able to support your claims in court.

Seek Counseling

To actually file and prosecute the claim you will need a lawyer. They will not only be able to represent you, but a knowledgeable lawyer will also be able to prove your case and get you the settlement that you deserve, possibly even a greater settlement than you expected.

It is important that you know the different aspects of a wrongful death claim before you file one. Knowing who can file, what types of claims can be filed, and the possible settlements can aid you in your preparation process. Ultimately, it comes down to whether you actually go through with the claim. Speak with your local lawyer today to review all of your possible options. Call 303-447-1144 today to schedule a free consultation with an experienced attorney concerning your wrongful death claim at Sloat & Nicholson, P.C.

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