If you are involved in a personal injury claim and have already purchased a mountain pass for the winter, think twice before using it! Insurance companies can obtain information regarding your use of your mountain pass and use it against you to deny or undervalue your claim.
Our client, Chelsy, needed help from us with her auto accident case. She had such a positive experience, she agreed to share her thoughts with us. Her case was not unusual:
- She had new, often debilitating pain, which impacted her livelihood.
- She preferred to seek relief from “alternative” medical providers: massage, acupuncture, and yoga
- She was overwhelmed by the system and wasn’t sure how to best proceed
- The insurance company tried to ignore the extent of her pain and “soft tissue” injuries
- Her medical bills were piling up and she needed to continue getting care
Chelsy came to us in time to bring a lawsuit, which let the insurance company know that she was serious about getting a full recovery. We were able to get her a good result that helped her pay her bills and secure future treatment.
If you’ve recently been in an auto-collision, you may have been asked whether or not you have “UIM” Coverage.
UIM or “Underinsured Motorist Insurance” (also sometimes called just “UM”) covers your medical bills, pain and suffering, and lost wages if your damages exceed the amount of coverage that the at-fault driver has. For example, if you are seriously injured in an auto-collision and have $150,000 in medical bills, and the at-fault driver only had coverage for $25,000, you have $125,000 in damages that exceed the at-fault driver’s coverage. If you have your own UIM Coverage in the amount of $300,000, you can make a claim to have your UIM Coverage pay all of your damages in excess of the at-fault driver’s policy up to your own policy limits.
UIM Coverage is important because many drivers in Colorado only carry the state minimum amount of insurance coverage – $25,000. If you are seriously injured by a driver who does not have adequate insurance coverage, you need to have your own coverage to protect yourself. Don’t leave yourself and your family at risk of an underinsured, or uninsured, driver!
If you’ve been injured and are involved in a claim against an insurance company, be aware that the insurance company will be looking at everything you post online in order to deny your claim! They will use all of your posts, tweets, and pictures to claim that you aren’t injured.
Setting your Facebook page to “private” doesn’t protect you. During a lawsuit, the insurance company may try to subpoena your entire Facebook page and Twitter account, even asking for all of your passwords and usernames so they can see anything private that you may have done. And it’s legal!
If you’ve been in an accident, the safest thing for you to do is to de-activate your social media accounts during the claims process. In the very least, be mindful of what you post, watch what others are “tagging” you in, and remember, social media is public!
With colder weather, holidays, and ski season soon approaching, we will also be encountering dangerous icy conditions. Falling on ice is one of Colorado’s most common winter injuries and reasons for bringing a lawsuit. It takes less than two seconds from the moment that you slip to when your body hits the ground, leaving you vulnerable to serious injuries and broken bones.
Businesses in Colorado which are open to the general public have a duty to protect their patrons from dangerous ice build-up. When you’re out and about this winter, remember these following tips:
- Stay on designated sidewalks and walkways.
- Wear appropriate winter shoes with good traction.
- Only walk in well-lit areas.
- If you notice dangerous ice, tell an employee.
- Walk slowly and keep your center of gravity over your front leg.
- Keep your arms free to help you balance. If you are carrying heavy bags, ask an employee to help carry them to your car.
When your haunted house visit leaves you with more than just nightmares.
Now that it’s October, signs of fall are popping up all over Denver. Leaves are changing, pumpkins are popping up on front porches, and advertisements for haunted houses are appearing.
If you’re one of many haunted house patrons, you may love the fear and suspense that comes from these attractions. But not everyone leaves haunted houses unafflicted. If you come away feeling harmed, don’t blame the ghosts, clowns, and zombies, accordingly to recent court decisions.
In a recent lawsuit, an adult became frightened while visiting a local haunted house and attempted to flee the house to get away from a saw-wielding employee. During his attempted escape, he fell and injured his arm. The man then sued the haunted house. The lawsuit was eventually thrown out of court with the judge noting that “the point of the [haunted house] is to scare people.”
In another lawsuit, an adult sued a haunted house for emotional distress after seeing what she described as excessively gory and frightening scenes during the tour.
Being frightened is an inherent risk, and often the whole point, of visiting a haunted house. When a customer visits an attraction and becomes injured, either physically or emotionally, due to an inherent risk, it is difficult to recover damages. It is only when the haunted house unreasonably increases the normal inherent risks of a haunted house that they can become responsible for injuries. For example, if a large quantity of fake blood on the floor caused slippery conditions that led to a slip-and-fall injury, this may be actionable. However, simply the fright caused by such a scene would be considered an inherent risk.
If you venture out into one of Denver’s many frightening haunted houses this October, make sure you know what you’re signing up for.
Typically, the parents or the guardian of a child under the age of 18 will bring a claim on the child’s behalf for compensation of injuries that a child sustained.