Expert Witnesses: Who are they and what can they do for your case?

December 11, 2020 By Harding Associates

Expert witnesses are different than lay or “normal” witnesses because they are allowed to share their opinion on a matter. Lay witnesses are only able to testify as to what they saw or what they heard. Under the Colorado Rules of Evidence 702, Expert witnesses are defined as “A witness qualified as an expert by knowledge, skill, expertise, training, or education, may testify thereto in the form of an opinion or otherwise.” So who exactly are they? Expert witnesses can vary per case. They could be your treating providers, engineers, we have even used a brake technician as an expert witness before. You need to make sure you have the right experts for your specific case. For example, I have had a case where a guy was hit on a bicycle and got an MRI and CT scan done, however neither test showed any damage. That is when I found a neuroradiologist. This neuroradiologist lives in Las Vegas and is the doctor that assesses boxers to see if they have had too much brain damage and therefore need to stop boxing. He did an assessment on my client and found that the MRI and CT scan were not strong enough tests, he needed a 3 Tesla or a 1.5 Tesla MRI. Therefore, he was able to spot these red dots pictured below known as Coup-Contracoup Shearing. Without the help of an expert in that field, this would have been impossible to diagnose under a normal MRI or CT scan. This goes to show the importance of finding the best expert witness for your case.

Will Hiring an Attorney Get you More Money from Your Accident?

October 9, 2020 By Harding Associates

The answer in nearly every case is, yes! First, if you are representing yourself you have the lowest level adjusters who have only minimal authority and really don’t know the law. Almost every insurance company has higher tier adjusters when an attorney is involved. There are different adjusters based upon their experience level, the more experience the more authority the adjuster has. The more senior adjusters work with attorneys because the insurance companies know that if you are handling your own case, you likely don’t know the laws. For example, take a look at the explanation of benefits below:

The billed amount was $29,352.48 and the paid amount was $6,056.11. The other side does not get to benefit from your health insurance’s work, so you cover-up or redact the paid amount. Below is how we send it to the other side, therefore this one mistake cost you over $21,000.00 on your case if you are handling it yourself.

Some other financial mistakes people make when representing themselves is forgetting to deal with their health insurance- Subrogation. If you don’t deal with it, you may get a letter at a later and now you have to find the money to pay this subrogation. If you have an attorney, then the subrogation needs to reduce how much they want by the amount you are paying an attorney. See the graphic below for a financial breakdown of the impact of representing yourself versus having an attorney:

This is four times more recovery on just one medical bill. There are so many other laws to help you, you can even use your car medical payments to reduce how much you have to pay back to health insurance. To summarize, yes, it is almost always going to financially benefit you to hire an attorney.

What to do if you have a car accident or personal injury case during Co-Vid19?

April 15, 2020 By Harding Associates

Co-Vid19 Legal Questions

FAQ: What should you do if you have been injured or in a car wreck during this time?

First of all, you should still seek medical treatment if you were just injured in a car wreck. If you have already done some treatment and do not continue to seek treatment, this could point to a gap in treatment that could potentially look bad in trial.

FAQ: What to do to avoid gaps in treatment if you can’t see your doctor/treatment provider right now?

1. Keep a journal of pain/treatment: it is important to have a detailed record of your pain levels and treatment.

2. Follow doctor’s orders on home treatment: stick to your doctor’s orders regarding at home stretching, weight lifting, etc.

3. Remind the doctor to put notes in the file about this gap period: next time you see your doctor, remind them to put your detailed recorded notes in your file to avoid it appearing as if there are any gaps in treatment.

FAQ: What happens if your case is set to go to trial right now?

First, talk to your attorney. Recently Colorado Chief Justice Nathan Coates issued a mandate stating that effective immediately, all Jury calls and state Courts are suspended with the exception of criminal trials facing imminent speedy deadlines. In addition to this, Governor Polis issued a mandatory stay at home order until at least April 26, 2020. However, you still need to be proactive if you have a case set for trial or if the Statute of Limitations is approaching. The standard Statute of Limitations in Colorado for a breach of contract is 3 years, an auto accident is 3 years, and a slip & fall is 2 years. Even with the stay, you must either settle your case before the Statute of Limitations or file a lawsuit before your Statute of Limitations runs.

Getting the Most Compensation from an Insurance Company After a Car Accident

October 30, 2019 By Harding Associates

Do you want to get the maximum settlement from a car accident? There are Colorado laws in place to help injured people get fully compensated. One of those laws is called the Collateral Source Doctrine which states that if a collateral source (namely your health insurance company) reduces a billing then the person who caused […]

The post Getting the Most Compensation from an Insurance Company After a Car Accident appeared first on Harding & Associates.

Source: Blog

E-Scooters and Liability, Are You Covered?

August 22, 2019 By Harding Associates

FAQ: What happens if I get into an accident with an e-scooter? Dockless, electric scooters arrived suddenly last summer and are apparently here to stay for the foreseeable future. Despite the general disagreement over whether or not this is a good thing, many Denver residents have adopted them as their new means of transport for […]

The post E-Scooters and Liability, Are You Covered? appeared first on Harding & Associates.

Source: Blog

Teenage Drivers, Keeping Kids Safe and Premiums Low

August 22, 2019 By Harding Associates

FAQ: What are the best ways to keep insurance premiums for teenage drivers low? Do you have a teenager that’s about to hit the road for the first time? It’s a scary prospect as a parent, especially considering (according to 2016 national statistics) that motor vehicle accidents were the leading cause of death for people […]

The post Teenage Drivers, Keeping Kids Safe and Premiums Low appeared first on Harding & Associates.

Source: Blog

Working with Insurance Companies after an auto accident: Yours (UM/UIM) and Theirs (BI)

June 20, 2017 By Harding Associates

UM/UIM stands for Under/Uninsured Motorist; BI stands for Bodily Injury, you elect UIM coverage through your own insurance; the other parties’ insurance is BI, coverage available for bodily injury to you caused by another driver.

After a motor vehicle accident people are deeply shocked, often times injured, and quite unsure what to do next.

After the shock wears off and your initial injuries have been addressed, you may be thinking about your auto insurance and why you have that UM/UIM policy that the law requires you to have. This is typically called “25/50” because this is the minimum our state of Colorado requires you to have on your car. The $25,000 covers injuries that you cause to another person. The $50,000 covers injuries that you caused in an accident where more than one person is injured.

Conversely, when your injuries are caused by another person, and they are cited and held accountable for the accident, their insurance (BI or Bodily Injury) may only have the minimum of $25,000 to compensate you, or they may not have any insurance at all.

Optional insurance coverages you can choose for yourself are UIM (Under/Uninsured Motorist) and Med Pay (Medical Payments). This insurance is very important and covers you if the other side is either uninsured or under insured. Insurance companies are happy to oblige you if you say you don’t want these extra coverages (they may even suggest you don’t need these additional coverages), due to the additional cost added to your premium, and the cost to them when you make a claim.

Most people are unprepared for the high cost of an Emergency Department visit after a motor vehicle accident. Additionally, the average person is also emotionally and financially unprepared for the cost and time needed for ongoing treatment for their injuries.

So, in a situation where another person has caused an accident where you are injured, you will need to be prepared to seek treatment and pay for that treatment, preferably through your health insurance. When you settle your injury claim after you have reached MMI (Maximum Medical Improvement), as determined by your doctor, your attorney will seek the most compensation available to you. That compensation comes from the Bodily Injury insurance coverage from the person who caused the accident.

If you have chosen to elect Med Pay on your own insurance, you have at least $5,000 to cover the initial medical treatment for your injuries. This med pay coverage is optional, but is important to have to work in conjunction with your health insurance coverage.

Should your treatment exceed $25,000 or whatever coverage that the person who injured you has; and you’ve chosen to elect UIM coverage, then your own UIM coverage may kick in to account for the underinsurance held by the tort feasor, or the person who was at fault for your injuries.

You can’t determine who runs into you, but you can protect yourself with UM/UIM, in case the other side is underinsured or uninsured.

Please think twice (or more) when choosing your insurance coverage. It may not cost very much to elect more coverage than the minimum the state requires. You may also benefit greatly by having Med Pay and Under/Uninsured Motorist coverage. Your insurance carrier may tell you that it is unlikely you will need Med Pay and UIM, therefore saving you money! In the case of even a minor accident caused by another, your choosing to have Med Pay and UIM may be the difference between a financial catastrophe and a comfortable recovery.

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.

Source: Blog

Insurance Companies and Their Process of Adjustment, or, Can a Robot Settle Your Personal Injury Claim?

May 17, 2017 By Harding Associates

You went out shopping today. You looked at spring flowers and looked forward to the new garden you’re about to put in. You have so many ideas!

You’re on your way home feeling pretty good. Then WHAM. You get hit from behind by a distracted driver.

After the shock of a motor vehicle accident and the damage to your car, you then have to consider that you’ve been injured and may well be injured for months, or years.

After you’ve reached MMI (Maximum Medical Improvement), as determined by your doctor, it is time to settle your claim (but remember, no matter how long your treatment you need to settle before the statute of limitations). You have already discussed this accident and the impact it has had on your life. The impact was nearly catastrophic! Your injuries impacted your home life, your professional life, and your social life. It may have affected your emotional well-being.

You’ve even calculated that your compensation should be – this much, and you expect that others will certainly agree. That is until you start dealing with the insurance adjustor. How can the insurance company possibly imagine that you will agree that the paltry sum they are offering can compensate you? This is impossible you think, aren’t insurance adjusters human, after all?

Well, not exactly. While the adjustors are human, adjustors use software to determine what your injuries and inconvenience are worth. No robot can imagine your not being able to pick up your youngest child for six months, or the fractured relationships you now have at your work place because of your time away for appointments, or the added responsibilities your husband took on while you were recovering, and the strain on your marriage.

There are several software products that insurance companies use. While they are not exactly the same, they serve the same purpose. That is to reduce your pain and suffering to a numeric score. This score is equated with a dollar amount. These software packages have been programmed to evaluate claims in a way for the insurance company to justify paying the absolute least amount possible. The robot doesn’t take into account your inconvenience, loss of enjoyment of life, stress, loss of consortium, and pain and suffering.

Your attorney is able to negotiate why your injuries are worth more than an adjuster’s first, second or third offer. You may even wind up in trial where a jury can understand those human emotions that a robot cannot. These software programs even know who your attorney is, and his or her willingness to go to trial. They also know if you don’t have an attorney at all.

Source: Blog

What Does It Mean When a Jury is Advised that a Defendant Accepts Liability?

April 12, 2017 By Harding Associates

Despite the frequency with which jury trials are portrayed on television and in movies, when a person ends up called to serve on a jury, that individual is likely to encounter a number of seemingly foreign concepts. For example, in some situations a judge may advise a jury at the start of a personal injury trial that the defendant in the case “has accepted liability.”

When a jury is told that a defendant in a personal injury case accepts liability, which means that the jurors no longer need to determine whether or not the defendant in the case is at fault for causing the accident. Rather, the jury is left with the task of determining the extent of damages or injuries the plaintiff sustained as the result of that defendant’s admitted negligence.

A juror may ponder why a defendant in a personal injury lawsuit is willing to concede that he or she was at fault in a particular situation. In most cases, it is because the defendant’s attorney does not want the jury to hear about the specific circumstances surrounding the accident. When a defendant accepts fault in a personal injury case, the facts and circumstances surrounding the accident in question generally are no longer relevant. A judge will not permit the presentation to the jury of evidence relating to the circumstances of the accident itself.

Examples of cases in which a defendant takes this position include situations in which the defendant was intoxicated at the time that he or she caused a car accident, which resulted in another person sustaining injuries. A defendant may use this tactic if he or she was involved in the commission of a crime at the time of the accident (for example, eluding police in an automobile).

Source: Blog

What are punitive damages?

February 24, 2017 By Harding Associates

What are punitive damages?

When someone is hurt in an accident, the non-negligent party is likely owed compensation from the intentionally harmful or negligent party. In the State of Colorado, if the negligent party acted with malicious intent or was unreasonably reckless in their conduct that caused the injury, the plaintiff may be owed Exemplary Damages. Often times, these types of damages are referred to as punitive, but under Colorado Revised Statute 13-21-102, the name of the statute is titled: Exemplary Damages. Punitive damages are meant to punish the negligent party because they either caused the injury intentionally or acted with an excessive degree of recklessness.

Exemplary, or punitive damages, are capped, which means plaintiffs will be limited in how much they can collect for these types of damages. In most personal injury cases, there are two types of damages: punitive and compensatory. Compensatory damages are meant to handle the medical expenses or lost wages. Compensatory damages focus specifically on the actual damages suffered by the plaintiff as a result of the accident, such as medical bills or loss of property.

It is important to know that there are a few restrictions that the law places on the courts when awarding exemplary damages. First, exemplary damages can never be awarded in excess of the actual damages awarded to the injured party. Meaning, if you have $100,000 in medical expenses, the exemplary damages cannot exceed $100,000. Second, the court also restricts exemplary damages by not allowing the courts to award more than three times the amount of the actual damages and less than $250,000 (there are some exceptions to this rule if there has been a death).

To further the example, if compensatory (or actual) damages are $100,000, the most a plaintiff could receive in exemplary damages is $250,000 (Three times $100,000 is $300,000, but the total must be less than $250,000; with capped ceiling). However, in order for a plaintiff to receive an amount beyond the compensatory damages, the statute requires the plaintiff to show that the defendant acted repeatedly reckless in a willful and wanton manner, or knowingly aggravated the action that caused the injury.

It is important to remember these limitations when you are suffering a catastrophic loss to ensure you make an effective, long-term plan for you and your family. If you have questions about a personal injury or other legal matter, contact Harding & Associates at 800-878-7888 or 303-762-9500.

Citations: CRS 13-21-102, CRS 13-21-203

Source: Blog