WHO CAN BE A PARTY TO A PERSONAL INJURY ACTION AND WHAT ARE COMMON POTENTIAL CAUSES OF ACTION?

Posted Tue 8th Mar, 2016 | by | on Accident Law Firm, Attorney, Auto Accident Lawyer, Injury, Injury Law Firm, Lawyer

Causes of action for injuries resulting from motor vehicle collisions include claims based on: a tortfeasor’s (the responsible party) individual liability for the tortfeasor’s own acts and omissions; vicarious liability; contract; an injury to another (i.e. derivative claims); based on wanton and wanton conduct; and the right of subrogation. Negligence is the most often pled cause of action based on a tortfeasor’s own acts or omissions that give rise to a personal injury claim arising …

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Shifting the Burden of Proof

Posted Sat 21st Feb, 2015 | by | on Legal Insights, Personal Injury

When a Plaintiff files a personal injury lawsuit against a Defendant, the law states the Plaintiff has the burden of proving his case.  This means the Plaintiff has to prove that the Defendant was negligent and said negligence was a cause of his injuries.  However, in certain circumstances, the burden of proof shifts to the Defendant and he is then forced to disprove his negligence.  This is known as res ipsa loquitur, and occurs whenever …

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Kidneigh, Kaufman & Crichton, P.C. Personal Injury Attorney Wins Appeal

Posted Sun 8th Feb, 2015 | by | on Cases

In follow-up to my January 25th blog post, I am pleased to announce that on February 7, 2013 the Colorado Court of Appeals upheld Steve Kaufman’s verdict against Shelter Insurance.  As a brief recap, Mr. Kaufman tried this case with another Kidneigh, Kaufman & Crichton, P.C. Denver personal injury lawyer, Charlie Crichton, in August 2011 in Denver District Court. On behalf of their injured client, Mr. Kaufman and Mr. Crichton argued that the client’s insurer, …

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Failure to Mitigate Damages

Posted Sun 4th Jan, 2015 | by | on Legal Insights, Personal Injury

In a December 27, 2012 decision, the Colorado Court of Appeals held that it was error for a trial court to give an instruction allowing the jury to find that the Plaintiff failed to mitigate her damages if she “continued to undergo expensive treatment when it was not resolving her pain.”  Under the law, an injured party must take reasonable steps to mitigate his or her damages and as such, may not recover damages for …

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Jury Duty

Posted Thu 6th Nov, 2014 | by | on Legal Insights

While very few people actually want to get picked for jury duty, it’s truly an experience that those who do get chosen come to appreciate.  Because nearly every person who had served on a jury will tell you how beneficial the experience was, it’s too bad that the majority of people will do just about any thing to get out of jury duty.  So next time, you get a summons in the mail to appear …

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The Importance of Car Insurance

Posted Fri 19th Oct, 2012 | by | on Legal Insights

In Colorado, and many other states, proper liability insurance is required to drive a car.  In fact, since 1997, Colorado has maintained a database that lists specific individuals and whether they hold the proper amount of insurance.  Because motor vehicle accidents are common, dangerous, and expensive, the goal of the database program is to decrease the number of uninsured drivers on the road and thus the expenses caused by these accidents.  This database is available …

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American Family Insurance Liable for Bad Faith

Posted Thu 11th Oct, 2012 | by | on Legal Insights

On October 4, 2012 the Colorado Court of Appeals confirmed a bad faith breach of insurance contract award against American Family Insurance.  The case arose when the Plaintiff was seriously injured in a motor vehicle accident in August 2008.  Due to his severe injuries, it was quickly clear that his damages were in excess of the combined limits of the at fault driver and his own underinsured policy with American Family.  As such, the Plaintiff …

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Why a Sole Proprietor Should Have Workers’ Compensation Insurance

Posted Fri 14th Sep, 2012 | by | on Legal Insights

Under the Colorado Workers’ Compensation Act, any sole proprietor actively engaged in the business may elect to be included by endorsement as an employee of the insured and shall be entitled to elect coverage regardless of whether such sole proprietor employs any other person under any contract of hire. Thus, while workers’ compensation insurance for a sole proprietor is not required, the Act enables sole proprietors to obtain coverage for themselves.  In an effort to …

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Best Personal Injury Law Firm

Posted Tue 5th Jun, 2012 | by | on Injury Law Firm

People often ask, what does a personal injury law firm do? Personal injury law firms assist people who have suffered injuries as a result of someone else’s negligence.  Lots of law firms say they handle personal injury cases, but only a few can say that their practice is devoted to helping personal injury victims.  True personal injury law firms, like Kidneigh, Kaufman & Crichton, P.C., P.C., can handle a wide variety of personal injury cases, …

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Denver Accident Lawyer

Posted Tue 24th Apr, 2012 | by | on Accident Law Firm

Anytime you turn on your television, listen to the radio, or drive down the street, it seems like there is an advertisement for a Denver accident lawyer. However, all Denver accident attorneys are not the same.  Some Denver accident attorneys have many years of experience while others may have just recently graduated from law school and passed the bar.  Some Denver accident lawyers have tried dozens of jury trials while others have never seen the …

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