Losing a loved one is one of the most difficult experiences a person can go through. When that loss is due to someone else’s negligence, the situation can feel even more devastating. In such cases, family members may be able to pursue a wrongful death lawsuit to hold the responsible parties accountable for their actions. However, navigating the legal process can be overwhelming, especially during such a trying time. This is where a wrongful death attorney comes in.
 

What is a wrongful death attorney?

A wrongful death attorney is a legal professional who represents the family of an individual who has been killed by the negligence of someone else. The attorney works to hold the responsible party accountable and seeks compensation on behalf of the family.
 

Wrongful Death in Colorado

A death is deemed a wrongul death if someone is killed by the negligence of someone else. In Colorado, as in other states, the burden of proof in such cases falls on the plaintiff’s attorney, who must establish that the defendant’s actions directly caused the death.
 

Who can sue for wrongful death in Colorado?

In Colorado, family members are the ones who can sue for wrongful death. The spouse is the first in line to file a claim, followed by children, parents, and then siblings.
 

When to Contact an Attorney

It is important to contact an attorney as soon as possible after a loved one’s death if you believe that negligence was a contributing factor. Because evidence can quickly disappear, waiting too long could jeopardize your chances of obtaining a successful outcome.
 

Benefits of Hiring an Experienced Attorney

There are several benefits to using an attorney for a wrongful death claim. An experienced attorney can help you maximize your recovery, meaning the compensation you receive for your loss. Additionally, they can help coordinate with any probate attorneys needed for the recovery process. An attorney can also help minimize how much you have to pay back through subrogation if there was health and insurance used for any of the treatment of the individual who died.
 

Are laws in Colorado different around wrongful death than in other states?

Yes, laws regarding wrongful death can vary greatly from state to state. It is crucial to work with an attorney who is licensed in your state and familiar with its laws and regulations.
 

What to Know Before Working with a Wrongful Death Attorney

Before hiring a wrongful death attorney, it is important to interview at least three attorneys. During the interview process, be sure to ask questions such as:

• How many cases like this have you handled in the past and currently?
• Who will you be dealing with in the attorney’s office?
• How long does it typically take for an attorney to return a phone call?
• Can you fire an attorney if they do not adhere to their promises?

By asking these questions, you can ensure that you are working with an attorney who is experienced, accessible, and will work in your best interests.
 

Losing a loved one to negligence is a heartbreaking experience. Working with a skilled attorney can help you navigate the legal process and obtain the compensation and closure that you deserve. Remember to take the time to interview multiple attorneys before choosing one, and to ask important questions to ensure that you are making the right choice.
 

At Harding & Associates, we understand that these times can be painful and confusing. We make it our priority to make the process as painless and simple as possible. Contact us today to schedule your free consultation.
 

Car accidents are a common occurrence, and they can be very traumatizing. In many cases, you may be left with injuries, medical bills, and other related expenses. That is why it is essential to hire a car accident lawyer in Denver to help you with your case.
 

Analyzing your Case

The first reason to hire a car accident lawyer in Denver is to help you analyze your case. The lawyer will look at the details of the accident, including the injuries, the treatment required, and the laws that protect you. These laws may not be known to most people, but they can significantly impact your case. For instance, there is a Colorado law that prohibits the other side’s insurance company from calling you for a statement within 15 days of the accident if you have seen a doctor. This is because the way you feel the day after the accident is different from how you will feel two weeks later.
 

Protecting Your Rights

Another reason why you need a car accident lawyer in Denver is to protect your rights. Insurance companies have two jobs; protecting their insured, who writes checks for them, and making money for their company. They may try to lock you into making statements that are not true or take advantage of your lack of knowledge about the law. Having a lawyer on your side will protect your rights and ensure that you receive fair compensation for your injuries.
 

Determining Fault

It is also essential to hire a car accident lawyer in Denver to determine fault. Colorado is an at-fault state, meaning that the person responsible for the accident is liable for any damages that arise. A car accident lawyer can help you prove fault and get the compensation you deserve.
 

Statute of Limitations

Finally, you need a car accident lawyer in Denver to help you with the statute of limitations. There is a three-year statute of limitations in a car accident case, which means that you have to settle your case or file a lawsuit within three years. However, if the government contributed to the accident, you need to send a special notice called the Governmental Immunity Act Notice within 182 days. If you do not send this notice, you will not get the three-year statute of limitations.

In conclusion, hiring a car accident lawyer in Denver is essential for several reasons, including analyzing your case, protecting your rights, determining fault, and helping with the statute of limitations. A car accident can be overwhelming, but with a lawyer on your side, you can navigate the process and get the compensation you deserve.
 

How Long After an Accident Can You File a Claim in Colorado?

If you have been in a car accident in Colorado, you may be wondering how long you have to file a claim. The general law states that there is a three-year statute of limitations in a car accident case. This means that you have to settle your case or file a lawsuit within three years. However, there are exceptions to this rule.
 

Government Involvement

If the government in any way contributed to the accident, you need to send a special notice called the Governmental Immunity Act Notice within 182 days. This notice is required when the stoplight was not working, the streetlight was out, there was construction, or you were hit by a government vehicle. If you do not send this notice, you will not get the three-year statute of limitations.
 

Uninsured Underinsured Coverage

If the person who caused the accident does not have insurance or does not have enough insurance to cover your damages, you can file a claim against your own insurance company. You can do this if you have uninsured or underinsured coverage on your policy. In this case, you can settle the initial claim within.

With Harding & Associates, you can trust that we will do everything in our power to ensure your case is settled for the highest possible recovery. Contact us today for a free phone consultation and learn how we can help.

We’ll start with Colorado’s most accessible court, Small Claims Court. Then we’ll work up through the Municipal Court system, the County Court system, the District Court system, the Colorado Court of Appeals, and finally, the Colorado Supreme Court. (We will not discuss the Probate Court, Juvenile Court or Water Court.) Small Claims: Small Claims Court […]

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We’ll start with Colorado’s most accessible court, Small Claims Court. Then we’ll work up through the Municipal Court system, the County Court system, the District Court system, the Colorado Court of Appeals, and finally, the Colorado Supreme Court. (We will not discuss the Probate Court, Juvenile Court or Water Court.)

Small Claims: Small Claims Court is a division of County Court, and has a monetary limit of $7,500.00. It hears disputes within a given county, and no attorney may represent either the plaintiff or defendant. Individuals argue their own cases, and a judge will hear both sides of a small claim and issue a verdict there and then. In general, Small Claims actions must be brought in the county where the defendant resides, or is employed. The purpose of Small Claims Court is to provide a just, efficient, low cost and speedy resolution to an issue. For the convenience of the public, some Small Claims Courts have evening and weekend hours. A Small Claims verdict may be appealed to the County Court. Examples of small claims issues include money issues, landlord/tenant issues and contract issues.

Municipal: Municipal Court is governed by a city’s municipal code, or that city’s local law. For example a city ordinance may be that all dogs must be on a leash when in public, or that construction may not begin before a certain time in the morning. If you’ve contested a traffic ticket, you were likely in a Municipal Court. Cases of violations of Fish and Game laws, and Boating Regulations are but a few categories where one may find themselves in a Municipal Court.

County Court: Each of the 64 counties in Colorado has a County Court, where the amount in a civil controversy may not exceed $25,000.00. County Courts uphold state law, and both the plaintiff and the defendant may be represented by an attorney. This court includes misdemeanors and traffic violations. Examples may be a third degree assault or an alcohol-related traffic offense. One judge presides over each County Court case, and a jury may hear certain types of cases. Dissatisfied litigants may appeal to District Court.

District Court: District Court hears more serious civil and criminal issues under state law that exceed the monetary limitation of County Court. District Court cases are presided over by a judge and heard by a jury of 6 or 12 members and is considered a court of general jurisdiction. Colorado has 22 judicial districts, and each district may include more than one county. (For example, Colorado’s 13th Judicial District has jurisdiction in 7 counties.)

Court of Appeals: The Court of Appeals is the state intermediate appellate court. Cases in the Court of Appeals are heard by a panel of three judges. The ruling is final unless litigants who are dissatisfied appeal to the Colorado Supreme Court. The appeals court may affirm a lower court’s decision, or remand the case back to the lower court for further action which may be to resolve a point of law or for a new trial altogether.

Supreme Court: litigants who are dissatisfied with a ruling in the Court of Appeals may appeal to the Supreme Court, Colorado’s highest appellate court. The Supreme Court may or may not choose to hear a case. If the Supreme Court decides to hear a case it issues a Writ of Certiorari which orders the lower court to turn over its’ record to the higher court.

If you have suffered injuries as the result of an accident, through no fault of your own, please call Harding & Associates to get a better picture of your rights. We can be reached at 800-878-7888 or 303-762-9500. There is never a charge for an initial consultation with a skilled, experienced personal injury attorney who can evaluate your case and assist in developing a strategy to fight to obtain the compensation to which you are entitled.

Broadly speaking, accidents are prevalent in Denver, Colorado. Additionally, countless people are injured by accidents throughout the United States. Some of the most common accidents are with motorcycles or cars. The leading cause of these accidents is driver error whether following too closely, distracted driving, speeding, driving while impaired or failing to yield to other […]

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Broadly speaking, accidents are prevalent in Denver, Colorado. Additionally, countless people are injured by accidents throughout the United States. Some of the most common accidents are with motorcycles or cars. The leading cause of these accidents is driver error whether following too closely, distracted driving, speeding, driving while impaired or failing to yield to other cars on the road. Whatever the cause, an experienced car accident attorney such as Phil Harding from Harding & Associates P.C. can represent car accident victims effectively and professionally.

Rollover Accidents

In general, rollover accidents are much more dangerous than other types of accidents with automobiles. The cause reflects on the vehicle type, road conditions and driver behavior. They are more likely to occur on roads with higher speed limit (over 55 mph).

Single Vehicle Crashes

Drivers who are distracted or intoxicated may drift off the road or into another lane. They may also swerve suddenly to try to avoid debris or to overcorrect their vehicle.

Side Swipes

This type of accident happens when cars are traveling in the same direction. Usually this type of accident occurs, when someone is trying to move into the lane that is occupied by the other vehicle. These accidents can also happen if someone is trying to avoid a hazard while forgetting that there’s a vehicle on the side that they maneuver into to avoid the debris.

Rear End Wrecks

This type of accident occurs when a driver isn’t paying attention and/or is following too closely to another vehicle. Distractions can also lead to someone looking away and forgetting to maintain their assured clear distance between other cars with them on the road. A distracted driver fails to notice a car slowing down or entering the lane, and a rear end accident will be the result.

Side Impact Crashes

This type of accident occurs when one vehicle crashes into the side of another car. The vehicles involved in this wreck usually are driving perpendicular to each other or can end up in this position as a result of the crash. This oftentimes happens at intersections. Better known as T-bone accidents, they can lead to serious injuries as the sides of car offer much less protection to those in the vehicle.

Hiring Legal Help to Represent

When you want to ensure that your legal rights are protected, it’s important to hire a professional car accident attorney immediately after your accident. In the State of Colorado, you have just three years from the date of the accident in order to file a personal injury lawsuit. This means that hiring legal expertise immediately is important and plays a big role in the long-term success of your case.

If you are dealing with the aftermath of a traffic accident, contact the law offices of Harding & Associates. You can schedule an obligation free consultation with us by calling 303-762-9500 or 800-878-7888, or emailing us at info@hlaw.org.

Pedestrian accidents are common, often resulting in serious injuries or even death. Pedestrian accidents may be costly and distressing, resulting in high medical expenses, time away from work, and pain and suffering. If you’ve been injured as a pedestrian, it’s important to seek legal help.

Some Types and Causes of Pedestrian Accidents

There are several different types and causes of pedestrian accidents, including:

• Distracted Driving & Texting. Distracted driving is one of the most common causes of pedestrian accidents. When drivers are preoccupied with anything other than driving, they are less likely to notice pedestrians.
• Off-road accident. This occurs when a pedestrian is walking on the sidewalk and is hit by an out-of-control vehicle.
• Backing vehicle accident. This type of accident typically happens in parking lots near busy intersections where pedestrians are crossing. A driver who isn’t paying attention while backing out of their spot may not see someone crossing and striking them with their car.

What to Expect from Your Pedestrian Accident Lawyer

When you hire a pedestrian accident lawyer, they will work with you to establish fault and liability for the accident. They will also work to obtain evidence of your injuries and negotiate with the insurance company on your behalf. A pedestrian accident lawyer will also represent you in court if necessary.

The benefits of hiring a pedestrian accident attorney include:

• A pedestrian accident attorney has experience dealing with cases similar to yours. This means they know what to expect and how best to represent your interests in dealing with an insurance company or court.
• An accident attorney has access to resources that injury victims may not have access to on their own. This includes expert witnesses, investigators, and medical professionals whose testimony can be helpful.
• Injury victims often feel overwhelmed after being involved in an accident. A pedestrian accident attorney can provide support and guidance throughout the legal process.

What Damages May Be Recovered in Pedestrian Accident Cases?

Pedestrian accidents can cause a wide range of injuries, some of which entitle the victim to damages. Some of the most common include:

• Medical expenses. Victims of a pedestrian accident may be entitled to compensation for medical expenses incurred due to the accident. This includes expenses for hospitalization, surgery, medication, and rehabilitation.
• Lost wages. Victims may also be able to recover past and future lost wages resulting from time taken off work due to their injuries.
• Pain and suffering. Victims may also be entitled to compensation for pain and suffering caused by their injuries.
• Punitive damages. In some cases, victims may also be able to collect punitive damages, which are designed to help deter similar behavior in the future.

Contact a Denver Pedestrian Accident Lawyer

The injury attorneys at Harding & Associates, P.C. help victims build a solid case after being involved in a pedestrian accident and get the maximum compensation for their losses. If you need help with your pedestrian accident case and live in Denver or the surrounding area, call us at 303-762-9500 or our toll-free number, 800-878-7888. You can also fill out our contact form, and we’ll get back to you as soon as possible. We’ll help you navigate the legal process to get you the compensation you deserve.

A wrongful death claim or case is defined pursuant to Colorado law as a death because of the negligence of someone else. A common cause of a wrongful death in the state of Colorado (and elsewhere) is a negligent, careless or reckless motorist. Certain family members possess the legal ability to file a wrongful death […]

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A wrongful death claim or case is defined pursuant to Colorado law as a death because of the negligence of someone else. A common cause of a wrongful death in the state of Colorado (and elsewhere) is a negligent, careless or reckless motorist.

Certain family members possess the legal ability to file a wrongful death lawsuit in the state of Colorado. For example, the surviving spouse of a person killed because of the negligence of a motorist is able to file this type of legal action. In fact, according to Colorado law, the surviving spouse is vested with the exclusive right to bring this type of lawsuit during the first year following the incident that caused the death of his or her husband or wife.

Colorado law permits a surviving spouse and living children the ability to pursue a wrongful death case, within the first-year limitation described a moment ago. In the event that there is no surviving spouse or child, any living parent of the deceased possesses the legal ability to pursue a wrongful death case.

Colorado law establishes a very specific time frame in which a surviving family member is able to file a wrongful death lawsuit. Generally speaking, this type of lawsuit must be filed within three years of the car accident (or other negligent conduct or incident that resulted in death). The failure of a surviving family member to file a lawsuit within this three-year period typically precludes that person from ever pursuing a wrongful death claim at any point in time in the future.

Wrongful death cases represent very complicated legal matters. In addition, insurance companies have established reputations for being aggressive in fighting these types of claims. Therefore, if you find yourself dealing with the death of a family member caused by a negligent motorist, you need to seriously consider retaining an experienced attorney.

If you are dealing with the aftermath of the death of a family member that occurred because of a negligent motorist, contact the law offices of Harding & Associates. Our legal team stands ready to schedule an obligation free consultation to discuss your rights when seeking compensation for the wrongful death of a family member. You can schedule an appointment with us by calling 303-762-9500 or 800-878-7888, or emailing us at info@hlaw.org.

In this age of ubiquitous “image making” devices – including smart phones – little excuse exists for properly documenting the scene of a traffic accident to protect your rights and interests. Three important admonishments must be kept in mind before focusing on the specific steps you must take to document the scene of a traffic […]

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