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Friday, March 30, 2012

Denver Personal Injury Lawyer Explains How to Handle Work-Related Accidents

Have you recently been involved in a personal injury that occurred at your workplace?  If so, then you may not know how to deal with it from a legal standpoint.

A Denver personal injury lawyer can help you decide if you want to seek compensation for something other than your physical injuries.  For example, you may be suffering from mental distress or psychological trauma as well.  But calculating the compensation for psychological trauma can be tricky, and many employers try to avoid paying for this. 

Besides resting well and getting back on your feet, after a workplace injury your first priority will be to make some decisions.  Will you file a personal injury claim in a Colorado civil court?  Will you seek compensation that goes beyond your medical bills and workers compensation claim?  What will happen if you suffer further injury-related complications – either mental or physical - down the road?  Will you be eligible for additional compensation if you have already accepted a settlement from your employer’s insurance company? 

Most of these questions cannot be answered without the help of a dedicated and qualified Denver personal injury attorney.  When you are injured, you need to focus on getting well and let your lawyer figure out the details of your settlement and compensation. 

Most Denver personal injury lawyers are aware of what steps a company might take to avoid paying you what you deserve.  You can count on Denver personal injury lawyers Clawson & Clawson, LLP to give you a sense of stability and ensure you get the compensation you need to get well, whether that includes psychological or physical treatments.

Tuesday, March 27, 2012

An Accident Attorney Discusses Hit and Run Cases


In Colorado Springs and many other areas of the United States, an Colorado truck accident attorney or Colorado Springs personal injury lawyer is bound to work with a few hit and run cases involving a party who suffers injuries or other losses.  According to state law, hit and run is defined as any accident where the driver of a motor vehicle leaves the scene of the accident, but it is especially known for one where the perpetrator is intentionally trying to avoid legal consequences.  The term “hit and run” can apply to accidents involving another vehicle or one where a pedestrian was struck.  Over the years, the number of hit and run accidents has been on the rise, with records from the National Highway Traffic Safety Administration showing an increase of 15 percent in just one recent four year period

State traffic laws require that motorists involved in a vehicular accident follow certain guidelines after the incident takes place.  It is mandatory that drivers involved in an accident stop their vehicle as soon as it is safe to do so.  They are also required to exchange contact information with one another, including the name of their insurance company.  The same applies to motor vehicle accidents that involve property damage, but that may require writing a note to the owner of the property including your contact information.

In addition to providing contact information, the driver must take reasonable steps to provide assistance to help someone who sustains injuries, which may include a request for medical help and filing a report with local law enforcement authorities.

Accident attorney or criminal lawyer?

Car Accident Attorney ColoradoIf you or someone you know has been identified as the defendant in a hit and run accident, the charges could be very serious, especially if the accident resulted in serious injuries or death. Keep in mind that the severity of this charge will depend on various factors surrounding the accident, but an Colorado Springs auto accident attorney will only work on behalf of victims in such a case by filing a claim for losses or damages. A criminal attorney will be the right choice of representation for the defendant while an Colorado auto accident attorney presents a strong case on behalf of the victim.

What are the penalties involved in a hit and run accident?

A lot will depend on how the accident took place, the extent or degree of the damages, and whether serious injuries were sustained.  For defendants, a Colorado criminal defense attorney  will attempt to minimize the punishment for this type of accident, but the penalties for conviction may include time in jail, probation, the loss or suspension of your driver’s license and punitive fines.

If you are the victim of a hit and run accident, an car accident attorney colorado will be able to help you get fair compensation for your injuries.  For more information about hiring an accident attorney in Colorado Springs, contact the law firm of Clawson & Clawson, LLC.

Friday, March 23, 2012

DUI Lawyer – The Consequences of Not Hiring One


Colorado DUI Attorney
When prospective clients inquire about hiring a DUI lawyer, they almost always ask if it’s really necessary.  Admittedly, it can be a difficult decision to make if you think your DUI charge will be a tough one to fight, but there is almost always a benefit to hiring an attorney.  First of all, a Colorado DUI lawyer will already be familiar with the laws of the state.  Every state has different laws pertaining to DUI/DWAI offenses, varying penalties for a conviction, and their own benchmarks for blood alcohol content (BAC).  Unless you are already very familiar with the system, you can always gain more insight by hiring an attorney.

To the uninitiated, the consequences related to a DUI charge can be downright alarming, and they can have far-reaching effects on a person’s life.  A Colorado DUI lawyer can help protect your rights in the event of an erroneous charge and prevent it from wreaking havoc on your life.  Not only is a DUI stressful financially, it can also be embarrassing.  DUI arrests are routinely reported in local media and they become a part of the public record, thereby making it difficult for affected families to remain anonymous.  While it’s not always possible to undo the damage or reverse the charges, a DUI lawyer can usually minimize the consequences.

Knowing your rights in a DUI arrest is a very important place to start.  Even after the initial arrest and subsequent paper trail, most defendants do not fully understand their rights under state law.   While you may think it will be expensive to hire a Colorado DUI attorney, it will be far more costly to deal with the penalties imposed by a conviction.  Without someone to represent your interests and defend you in court, you may not know how to handle the suspension of your driver’s license, mandated treatment programs and expensive fines.  With the help of a professional attorney, you have a much better chance of keeping your driving privileges intact while the case is awaiting trial.

After explaining your rights as a defendant, a Denver DUI attorney will go through a process called discovery, where he or she investigates the circumstances surrounding your arrest.  You may be surprised to learn how often law-enforcement officers make mistakes during an arrest.  Only a good DUI lawyer will know how to evaluate a field sobriety test to ensure it was done properly.  They will also examine evidence such as Breathalyzer tests and BAC results, and find out what happened immediately following your DUI arrest.  Once all of this information has been gathered, a DUI lawyer has a much better chance at getting your charges dismissed.

Instead of asking yourself whether a DUI lawyer is worth it, you may want to ask yourself - can afford not to hire one?

Wednesday, March 14, 2012

How Does a Personal Injury Lawyer Make Money?

personal_injury_lawyerWhen people first walk into the office of a personal injury lawyer, their initial concern is usually the cost.  “How much is this going to cost me?” they often ask.  But the truth is, without an attorney by their side, most people would feel uncomfortable filing a lawsuit.  Very few personal injury attorneys will charge an upfront fee or a flat fee; most only earn money when you get paid, so they have a vested interest in the case.  Of course, you would not have to share your settlement if you went to court without a lawyer, but few people know how to negotiate a settlement without the assistance of an attorney.

Not every injury or accident will be a good enough case to win a settlement, which means an attorney may choose not to represent you.  However, if he or she chooses to take on the case they will let you know their fees upfront.  The percentage taken by a personal injury lawyer can vary quite significantly, but you should be aware of it before you decide to file suit.  You should also know if there are any hidden fees for filing petitions, court fees and litigation. 
 
How do I handle compensation in a personal injury suit?
Keep in mind that you may one day be required to pay taxes on any compensation gained from a lawsuit.  As a result, many plaintiffs prefer to put the compensation from the lawsuit into an annuity.  Ask your personal injury lawyer for advice on how to set up an annuity.

Will the attorney’s percentage change if the case is settled out of court?
In most cases, a personal injury attorney will charge the same percentage against your compensation for a litigated case as he would for one that is settled out of court.  However, you may inquire with the lawyer to see if they would be willing to decrease their percentage for an out-of-court settlement.  When you become a client of a personal injury law firm, you will be required to sign an agreement upfront that specifies the percentage that the lawyer will earn from your settlement.

Who pays the settlement in a personal injury case?
If you have suffered an injury as a result of an individual’s negligence, their insurance company will compensate you for your injuries.  However, your attorney may also file a claim for your “pain and suffering,” which may exceed the limits of their insurance policy.  If that occurs, the individual would be responsible for the balance of the payment. If the court awards a settlement to you from a person who is not covered by insurance, then the attorney will ask the court to attach their other assets to the court order.
Find out how a personal injury lawyer will take on your case and help you get the settlement you deserve.

Sunday, March 4, 2012

Workers Comp Attorney – When Is It Time to Hire a Lawyer?

workers comp attorneyEmployers in Colorado are required to carry a policy to compensate workers in the event of a job-related injury, and yet their insurance companies don’t always want to pay out on a claim.  As a result, countless workers refrain from filing because they don’t think they could win.  A worker’s comp attorney can help you fight for your right to fair compensation, but it’s important to work with a lawyer who knows Colorado workers compensation law inside and out.

The Colorado workers' compensation laws provide for three types of benefits: medical benefits, lost-wage benefits and permanent disability benefits. Not everyone will qualify for all three, and few people will need permanent benefits, but if the injury is bad enough it could become a long-term payout.

Why do you need a workers comp attorney?
Keep in mind it’s in your employer’s best interest to scrupulously examine every case before paying benefits, since any payout might substantially raise their premiums.  The insurance provider hired by your employer is going to look at every detail of your case, from your medical records to your claim paperwork, before they make a determination that you are eligible for benefits.

Since your employer has a representative working on their behalf, it only makes sense for you to do the same.  If you are indeed injured on the job, Colorado law expressly states that you are entitled to compensation for lost wages.  Additionally, if your doctor says you cannot return to full-time work, and you are assigned to a “light duty” position, you are entitled to compensation to make up for any difference in weekly income.

Given the circumstances, one might expect the whole process of filing a claim to be cut and dry, but the attorneys who work for your employer’s workers' compensation insurer can lengthen the process intentionally.  A Colorado Springs worker’s comp attorney will help you prepare for this eventuality and build a strong case for your compensatory benefits.

If you think you may have a legitimate claim to worker’s compensation benefits, a worker’s comp attorney can help you get started.  With an experienced lawyer by your side, there is no reason to worry about the details, and you will have a much better chance of winning your case.