Statute of Limitations

Posted Tue 18th Sep, 2012 | by | on Legal Insights

Every action, whether it be motor vehicle, slip and fall, malpractice, etc., has a statute of limitations.  This means that you must bring legal action within a certain time period or you will lose your right to the claim forever.  In Colorado, you have 3 years to bring a motor vehicle action, 2 years for a slip and fall claim, 2 years for a general negligence claim, 1 year for an assault, and 2 years …

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Recorded Statements

Posted Thu 6th Sep, 2012 | by | on Legal Insights

Generally after an accident it is customary for the at fault party’s insurance company to contact the injured party and ask to take a recorded statement.  This is the case whether it be a motor vehicle accident, slip and fall, medical malpractice, or any other accident.  While it may seem innocuous and not something to be concerned about, you should be wary of giving a recorded statement without an attorney present.  This is because what …

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Negotiating Medical Bills

Posted Thu 30th Aug, 2012 | by | on Legal Insights

If you’ve been injured in an accident, you’ve likely also experienced the stress of mounting medical bills.  Even those persons with health insurance are faced with hefty deductibles, co-pays, and out of pocket expenses.  At Kidneigh, Kaufman & Crichton, P.C., we understand the financial stress an accident can cause and will help you negotiate your medical bills.   Many health care providers, including hospitals and ambulance services, are willing to negotiate their medical bills in …

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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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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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Med Pay Coverage

Posted Fri 8th Jun, 2012 | by | on Injury Law Firm, Insurance Claims

Although no-fault is long gone in Colorado, you can still buy auto insurance that will cover your medical bills if you are hurt in an accident.  This coverage is called Med Pay and you have it as part of your policy unless you specifically reject it.  You pay an added premium for this coverage, so if you have health insurance you may not want to do this because it will be duplication in many respects.  …

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Dog Bites and Medical Bills

Posted Wed 30th May, 2012 | by | on Legal Insights

If you have suffered a serious bodily injury due to a dog attack, it’s important to know your rights, particularly with respect to your mounting medical bills.  Under C.R.S. 13-21-124, a dog’s owner is strictly liable and responsible for an injured person’s economic damages (i.e. medical bills).  This is regardless of the viciousness or dangerous propensities of the dog or the dog owner’s knowledge or lack of knowledge of the dog’s viciousness  or dangerous propensities.  …

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Introduction of Medical Bill Payments

Posted Mon 21st May, 2012 | by | on Cases

In a recent series of Colorado Supreme Court Cases, the Court held that evidence of amounts paid by health insurance companies, Medicare, etc. (otherwise known as “collateral sources”) to cover an injured Plaintiff’s medical expenses are not admissible into evidence.  As a result, this means the jury will only hear evidence of the amount of medical expenses actually billed to the Plaintiff versus the reduced amount that was paid by a collateral source.  This is …

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Civil Justice System and Tort Reform

Posted Thu 4th Aug, 2011 | by | on Injury Law Firm

You may have heard the story of the woman who spilled hot coffee on herself and later sued McDonald’s. Odds are that you don’t know the full story behind the case or that the 79 year old Plaintiff, Stella Liebeck, suffered Third Degree Burns as a result of spilling that cup of coffee that required years of medical treatment.  Hot Coffee is a great new film that discusses some of the popular myths about the civil justice …

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