Medical Treatment on a Lien Basis

Posted Tue 28th Aug, 2012 | by | on Legal Insights

If you’ve sustained injuries as a result of an accident and don’t have health insurance, you should know that many medical providers are willing to treat you on a lien basis.  This means they will provide you treatment without receiving any up front payment and will be repaid later from your settlement proceeds. This is very helpful for those who don’t have health insurance or the financial means to pay out of pocket to obtain …

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New Law Assists Uninsured Patients

Posted Thu 23rd Aug, 2012 | by | on Legal Insights

The Hospital Payment Assistance Act makes it so uninsured patients who are treated at a hospital will pay no more than the lowest negotiated rate paid by a private insurance company. However, this rate applies only to the uninsured who make no more that 250% of the Federal Poverty Level ($27,925 annually for an individual or $57,625 for a family of four).   Additionally, the Act mandates that hospitals ensure uninsured patients are informed about …

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Ski Injuries

Posted Tue 21st Aug, 2012 | by | on Legal Insights

The District Court in Pitkin County recently determined that a ski operator can be held liable under the doctrine of respondeat superior for the negligence of its employee.  While a ski operator is generally immune from suit if its employee is found to be a “skier” as defined by CRS 33-44-103(8), the Pitkin Court stated that the “fact an employee was skiing while fulfilling his duties does not mean he was there for the purpose …

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Settling Your Case

Posted Thu 16th Aug, 2012 | by | on Legal Insights

When settling a client’s case, I often get asked if the settlement is final and if so, what recourse does the client have if he or she needs medical treatment post-settlement. The answer is that, yes, a settlement is final and once a case is settled it cannot be reopened, regardless of your need for future treatment.   Because a settlement is final, I always advise my clients to not settle their cases until they …

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State Farm Punished for Not Paying Undisputed Benefits

Posted Tue 3rd Jul, 2012 | by | on Legal Insights

A Denver jury recently awarded an injured plaintiff $846,000 against State Farm Insurance Company.  In addition to compensating the plaintiff for his economic losses, non-economic losses, and permanent impairment, the jury found that State Farm had unreasonably delayed payment of the undisputed medical benefits because they failed to compensate the plaintiff for his medical expenses even though they agreed they were reasonable, necessary, and related to the accident.  As a result of their unreasonable denial, …

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Slip and Fall Accidents

Posted Fri 29th Jun, 2012 | by | on Legal Insights

With the amount of snow and ice in Colorado during the winter months, many people will sustain injuries in slip and fall accidents. Unfortunately, these accidents  are often the result of a landlord or building owner’s failure to keep the area free of ice and snow.  Similarly, slip and falls occur regularly in grocery, department, and convenience stores.  Again, these often occur due to the store’s failure to routinely check the store floors for spills …

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Reporting an Accident to Your Insurance Company

Posted Tue 26th Jun, 2012 | by | on Legal Insights

Many people involved in an auto accident think they do not need to report the accident to their own insurance company because they did not cause the accident.  However, even if you are not at fault, it’s important to notify your insurance company of the accident and provide them with the information of the at-fault driver.  This way, in the event the at-fault driver doesn’t have insurance or enough insurance to cover your losses, you …

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Notifying the Police of Auto Accident

Posted Fri 22nd Jun, 2012 | by | on Legal Insights

If you’re involved in an auto accident it’s important you call the police to come to the scene.  Even if the accident seems minor and the at fault driver accepts responsibility, you never know what will happen down the line.  It’s not uncommon for an at-fault driver to later change his story and tell his insurance company he did nothing wrong.  To avoid this problem, always call the police so an officer can investigate the …

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Government Notice

Posted Fri 15th Jun, 2012 | by | on Legal Insights

If you have suffered an injury by a public entity or by an employee of a public entity and plan to make a claim it is important to know that you must file a written notice pursuant to CRS 24-10-109 within 180 days after the date of the discovery of the injury.  This notice must be filed within this time frame regardless of whether you yet know all of the elements of your claim or …

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Cell Phone Usage While Driving

Posted Tue 12th Jun, 2012 | by | on Legal Insights

According to a study in the New England Journal of Medicine, the risk of having a traffic accident while using a cellular phone is the same as that while driving drunk. Furthermore, telephones that are “hands-free” do not appear to be any safer than those that are not. Some notable findings from this study include: Drivers using their cell phone drove slightly slower, were 9% slower to hit their brakes, and displayed 24% more variation …

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