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Our personal injury blog covers a range of topics, from the legal process for filing a claim, to how to prevent the kinds of accidents that can lead to injury claims. Follow our blog to stay current on a variety of issues related to personal injury claims in Colorado.

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When a person dies due to someone else’s negligent or intentional act, the law considers this a “wrongful” death. The Colorado Wrongful Death Act allows the surviving relatives of a deceased victim to recover compensation for their losses. There is a lot of confusion about how the law actually works and who can recover compensation. People also often wonder what kinds of cases are most likely to lead to a wrongful death. The following five types of cases are among the most common wrongful death cases brought by relatives who have lost loved ones.

 

#1 Medical Malpractice Claims

According to a landmark research study at Johns Hopkins Medicine, as many as a quarter of a million people are killed each year due to medical errors. When compared to other common causes of death, this would make medical negligence the third most common cause of death in America, just below heart disease, and an occurrence that takes nearly 100,000 more lives than respiratory disease.

 

#2 Nursing Home Negligence

Akin to medical negligence, nursing home negligence cases are still a large share of wrongful death claims filed each year. There are likely a lot of reasons for this. One reason may be that the victims are often fragile, vulnerable, and already in a weakened condition. Indeed, nursing home residents are citizens in the greatest need of high-quality care. Therefore, it is even that much more troubling when their caregivers and trusted health providers fail to meet the basic standards of care. Nursing home neglect can take the form of:

  • Bedsores
  • Falls and fractures
  • Malnutrition
  • Dehydration
  • Medication errors
  • Delayed transfer to the hospital

 

#3 Auto Accidents

According to the Insurance Institute for Highway Safety, about 35,000 to 40,000 people lose their lives in auto accidents each year. These include motorcycle and semi-truck accidents. While these numbers have actually declined since the 1970s, the number of highway fatalities is still staggering.

 

#4 Construction Site Injuries

Perhaps some of the most dangerous and hazardous worksites are construction zones. Hazards can be as endless as one’s imagination. Workers and innocent members of the community can both be impacted by these tragic accidents. The Centers for Disease Control and Prevention (CDC) estimates that roughly 1,200 workplace deaths occur each year in construction sites. However, this number may not fully reflect the entire scope.  

 

#5 Intentional Homicides and Attacks

Each year, the CDC reports nearly 18,000 homicides nationally. Intentional manslaughter and homicide account for many wrongful deaths. Sadly, there is not always a way to recover financial compensation when a criminal chooses to take a life. However, there are situations where the assailant was employed by a large company or where the wrongdoer has significant financial assets that can be attached through a wrongful death lawsuit.  

 

Know Your Rights in a Colorado Wrongful Death Claim

The law gives certain rights to surviving next-of-kin. Survivors may include spouses, children, and other close relatives who have a direct relationship to the decedent. Compensation can include money for the following types of damages incurred by surviving relatives:

  • Final expenses
  • Medical bills
  • Lost income and support
  • Grief
  • Loss of companionship
  • Pain and suffering
  • Emotional distress

To learn more about your rights and find out if you might be entitled to financial compensation, call the Springs Law Group today for a free case evaluation.

If someone else causes you a serious injury, chances are you will feel wrong. Many injury victims feel that they are entitled to large sums of money from the person who hurt them. In many cases, this is absolutely true. However, it’s important to remember that there are a lot of factors that go into determining the value of a personal injury claim. The more you understand how a case is valued, the more you can take steps to improve your case. Ultimately, there are a few key things you can do to maximize your chances of success and improve the outcome of your case, whether it’s an auto accident, slip, and fall, or medical error case.

 

Document the Facts of your Accident

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Springs Law Group in Colorado Springs is a personal injury law firm who is accepting accident victims form car wrecks and other accidents. Call today!

If you are in a car accident, you’ll want to take photographs of the vehicles, your injuries, the scene, and anything else that could help to prove that the other driver was in the wrong. Proving liability, however, is just the first step. Next, you must prove that the crash actually caused you a direct injury. This is going to require competent and high-quality medical care.

 

Get Immediate Medical Attention

The sooner you get to the hospital or a doctor’s office for emergency treatment, the better your chances are of documenting the injury and proving that your condition is directly related to the crash. If you wait weeks to get medical care, any defendant or insurance company is going to jump at the chance to argue that your injuries were minor or that you must have suffered some other intervening event. In short, immediately seek medical attention for your injuries.

 

Follow Your Doctor’s Recommendations

Research published in the British Journal of General Practice shows that neck and back pain can take months or even years to fully resolve. In many cases, residual pain can last a lifetime. If your physician puts you off work for a week and tells you not to lift more than 10 pounds, take it seriously. Many insurance companies use surveillance to track claimants to see if they are “faking” injuries. You don’t want to claim a serious back injury and be caught lifting weights at the gym. More importantly, though, if you were to re-injure yourself and incur thousands of dollars in medical expenses, the insurance company could now claim that the failure to follow your medical treatment recommendations was the real cause of your injuries. This could destroy your case.

 

Be Honest With Your Colorado Attorney

If you represent yourself, you need to carefully consider if you have any weaknesses to your case. If you have an attorney, be open and honest about any pre-existing injuries or medical conditions. The insurance company will be pouring over your past records, so if you had a back injury the prior year, it is going to come up. You should always discuss these issues with your attorney so you can be prepared to deal with any arguments the insurance company may raise.

 

Do Not Speak to Insurance Representatives Without Your Lawyer

The most important thing you can do is seek experienced legal representation right away. Never speak to an insurance adjuster until you’ve first talked to an attorney about your case. You have a right to be represented by counsel. At Springs Law Group, we are committed to helping injury victims recover compensation for their injuries. We take on the insurance companies so you don’t have to. Call today to schedule a free initial case evaluation.

Recent reporting by the Washington Post reveals that pedestrian dangers have been increasing exponentially in the past few years. The reporting responds to Department of Transportation statistics which show a 46 percent increase in pedestrian deaths between 2009 and 2016 nationwide. While remarkable, the reasons may be even more stunning.

Industrial Safety and Hygiene News suggests that perhaps the most important factor in reducing pedestrian deaths could be right in our hands. That’s right: cell phones and other distractions are among the leading causes of pedestrian death. Granted, negligent drivers also account for a large share of fatalities, but it’s likely many pedestrian deaths could be avoided if the pedestrians were alert and able to react in time to avoid disaster. Here are some helpful tips for staying safe as a pedestrian.

 

Tips for Staying Safe as a Pedestrian

Doing the following may reduce your risk of being hit  and injured while walking:

  • Use Special Caution at Night – When it is late and dark outside, there is a higher chance of encountering intoxicated drivers, and visibility is low. Use even more caution than usual.
  • Be Careful on Halloween and Other Holidays – As the holidays approach, remember to travel in groups (easier to see at night) and wear bright, reflective clothing if out late at night. Some holidays are notorious for drunk drivers, such as New Years, Christmas, and Fourth of July. Use special caution when walking in busy places during these peak times.
  • Always Use Crosswalks – Whenever possible, use a crosswalk. Do not attempt to cross large highways without a designated place to cross.
  • Get Off the Phone Before You Cross – Many pedestrians have been killed crossing at lawful crosswalks. While in most cases this is due to a negligent driver, if your phone is safely in your pocket, you are much more likely to see a runaway car or distracted driver approaching and take evasive actions to avoid being struck.
  • Do Not Use Headphones – It is hard to imagine life before headphones, earbuds, and other instant music on the go. But there was a time when horns got our attention. If you routinely walk in busy or high-traffic areas, consider not using earbuds. You’ll have a better chance of hearing the screech of tires, horns, or a racing engine.
  • It Is All About Eye Contact – When you are approaching an intersection or crosswalk, take a second to make eye contact with drivers before crossing. There is something powerful about that eye contact that ensures the driver knows you are there. Do not trust turn signals or intuition alone.
  • Stay Sober – Many people stumble home from the bar thinking they are safe because they aren’t driving. It is true that walking is certainly preferable to getting behind the wheel of a car; however, sometimes, a cab would be safer. Just as alcohol makes you a danger behind the wheel, it can alter your judgment and reaction time when walking as well.

 

Experienced Legal Help is a Phone Call Away

Pedestrian accidents generally are more serious than regular car crashes. Without any protection, pedestrians are often knocked unconscious, they suffer broken bones, back and neck injuries, and may even suffer long-term permanent injuries. No one should have to deal with the pain and agony of a pedestrian crash while having to fight an insurance company. The team at Springs Law Group is here to help. Call or visit us online today to schedule a completely free consultation with one of our skilled and experienced Colorado Springs injury attorneys.

Despite people being fully aware of the laws and rules of the road, when they decide to drive in Colorado and any other state, people often fail to adhere to them. Rather than make smart choices and behave like other safe, responsible drivers on the road, they choose to drive in a way that many would consider dangerous. These dangerous and reckless drivers have caused many accidents, and when people have been involved in a car accident with someone who is not driving safely, this important factor can actually be what helps them win their case.

 

What Type of Driving Actions Are Considered Reckless?

colorado car accident lawyer
When people have been involved in a car accident with someone who is not driving safely, this important factor can help them win their case.

It is not difficult for people to drive in a safe manner that does not put others in danger, but people often disregard the safety of other drivers, as well as their own, and choose to drive recklessly. When it comes to reckless driving, it is considered unsafe because an accident can occur and people could potentially be injured or killed as a result of a driver's poor decisions. Doing things like speeding, running red lights or driving under the influence are all considered reckless driving.

 

What Are the Consequences for Those Caught Driving Recklessly?

Driving in a reckless manner is not something states tolerate. People might think that they won't get caught, but they often do because mistakes are made. When a driver is caught violating the laws that are meant to keep people safe when they are on the road, there are consequences. For example, fines, points added to their driving record or suspension of their license. Reckless drivers in the state of Colorado may also find themselves at risk of losing their jobs and their insurance company increasing their premium.

 

What Are the Consequences If a Reckless Driver Causes a Car Accident?

The above mentioned are less harsh consequences for those who are simply caught driving in a careless, reckless manner. They can still negatively impact a driver's life, but certain consequences will have a bigger impact if a car accident is a result of their unsafe driving. Depending on whether or not a driver's actions result in a car accident and the severity of the crash, the consequences could be much worse. People can find themselves serving jail time in addition to other penalties. Should someone be caught driving recklessly on more than one occasion, the penalties will continue to increase in severity.

It is important that all drivers on the road drive safely whenever they are behind the wheel. Ideally, people will adhere to speed limits and traffic signs and signals, as well as avoid unsafe driving actions because these are the top ways to avoid causing a crash. Unfortunately, reckless drivers are on the road at all times of the day and night, meaning an accident can happen at any time. Anyone who has unfortunately been affected by the actions of a reckless driver should seek compensation for their trouble. A car accident attorney from Springs Law Group is available for assistance.  

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