Blog Posts in 2015

  • When a Child Is Injured in a Car Accident

    || 21-Dec-2015

    Car seats, and youth booster seats, have prevented many serious injuries to children in car accidents. Sometimes, however, the crash is so severe that the child may still be injured in a car seat. When a child is injured by the negligence of another, special rules govern those claims and lawsuits. What to Do After Your Child Is Hurt in a Car Accident The first question often on the minds of most ...
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  • Civil Protection Orders in Divorce Proceedings

    || 16-Dec-2015

    When a marriage is dying, one spouse often acts out the frustration, anger and powerlessness against the other spouse (usually against the one seeking a dissolution of the marriage). Colorado family law offers a procedure for entry of a court order that protects any person from threatened bodily harm, domestic abuse, emotional abuse, sexual assault or stalking by another person. These are called ...
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  • Child Abduction by a Parent

    || 11-Dec-2015

    Child abduction is a serious problem. Studies have shown that more than 200,000 children are abducted in the United States each year by a parent or family member. Colorado has adopted the Uniform Child Abduction Prevention Act to deter a parent from taking and hiding a child during the pendency of a divorce or after losing the custody of the child in a final decree of dissolution. All agree that ...
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  • Injuries to Children "Attracted" to a Danger

    || 9-Dec-2015

    Kids will be kids. They are curious roamers, attracted to all kinds of things that may not be good or safe for them. As parents we do our best to direct and supervise their curiosity. Importantly, even when we cannot be with them every second, and they are injured in pursuit of an “attraction,” the law permits children to make a claim for compensation for those injuries. This is called ...
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  • You May Be Liable When You Give Your Car to a Bad Driver

    || 14-Oct-2015

    An automobile is a 3,000 pound deadly weapon, if placed in the wrong hands. If you loan your car to a person who causes injuries in an accident, you may be liable for “negligent entrustment.” Under Colorado law, a person who provides an object (e.g. car, weapon, etc.) to another person, knowing or having reason to know that they are likely (because of their youth, inexperience, or ...
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  • Death During a Divorce Case

    || 13-Oct-2015

    What happens to a divorce proceeding when one spouse dies while the case is pending—but before a final decree of dissolution of marriage is entered by the court? In many types of cases the law provides that the case “survives” the death of a party to the case. For instance, if a person were injured in a car accident and filed a claim for compensation for those injuries, such ...
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  • Americans are a mobile people. It has been noted that the “average American” moves about 12 times in a lifetime. The United States Constitution gives Americans the “right” to “travel”, i.e. to move among the various states without barriers or permission. Since the Great Recession, wage earners have found they must be prepared to move every year or two in order ...
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  • Damages That Can be Claimed in an Accident Case

    || 2-Oct-2015

    A person who injures another through his negligence must pay monetary compensation to the injured person in the total dollar amount of the injured persons’ damages. The injured person can claim damages for: “Non-economic” losses or injuries caused by the negligence “Economic” losses or injuries caused by the negligence Physical impairment or disfigurement caused by ...
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  • When you make an injury claim, such as a claim for injuries from a car accident, you will be required to sign a medical authorization for the insurance company that is responsible to pay the claim to access your medical records. Although you have given the insurance company all the medical bills that relate to the car accident, the insurance company will still insist that you sign a medical ...
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  • Full Disclosure Is Required in Divorce Cases

    || 15-Sep-2015

    Parties to divorce cases in Colorado owe each other, and the court, a duty of “full and honest” disclosure of all facts that “materially affect” their rights and interests—and those of the children involved in the case. What information is required for the full disclosure in a divorce in Colorado? Within 42 days of service of a petition for dissolution of a marriage, ...
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  • Truck-Car Collisions: It's Not a Fair Fight

    || 27-Aug-2015

    A truck-car collision is not a fair fight. A car weighing 3500 pounds does not stand a chance in a collision against a tractor-trailer weighing upwards of 80,000 pounds. Because commercial trucks can be so deadly in a collision, the trucking industry is highly regulated. In order to drive a commercial truck, the driver must first obtain specialized training leading to study and testing for a ...
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  • Loss of Parental Rights Due to Mental Illness

    || 24-Aug-2015

    A judge in Colorado can end parental rights of either, or both, parents if the judge finds that the child has been neglected and no parenting counseling or education can be devised to address the parent(s)’ fitness to parent the child. Before a court terminates parental rights, however, the state agency must make reasonable efforts to prevent out-of-home placement of abused and neglected ...
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  • Compensation for the Death of a Loved One in a Car Accident

    || 20-Aug-2015

    There is shock and horror when a loved one dies in a car accident. No one could ever be prepared for that awful call from the police. The initial days and weeks are filled with the numbing details of funerals, paperwork, government benefits, financial decisions and the like. But it would be dishonest to say that, even in those initial days and weeks, thoughts of seeking justice for the death of ...
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  • Fourth-Time DUIs Now Considered a Felony in Colorado

    || 14-Aug-2015

    Until just a few days ago, driving under the influence (DUI) charges that did not involve any violence, injury, or other criminal activities were almost-guaranteed to be considered a misdemeanor at the worst, regardless of the number of prior convictions someone might have. All of that has changed, though, now that Colorado lawmakers have enacted legislation regarding repeat DUI offenders that is ...
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  • High on the priority list of spouses who separate and divorce is the need to make sure that their children’s college education will be funded. No parent wants their child to be burdened with college debt if the household income can ensure that some—or all—of college can be paid from the parents’ resources. Since 1997, however, Colorado courts have been stripped of the power ...
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