Summary: Colorado law strongly protects mental health treatment records in personal injury cases, requiring plaintiffs to assert particularized psychological claims beyond generic emotional distress before any waiver occurs that allows mental health treatment records to be used in discovery. Even then the Court should limit discovery to records directly related to the claims asserted. —- […]
First-party bad faith and third-party bad faith are distinct legal concepts in insurance law, each arising from different relationships and duties between the insurer, the insured, and third parties. What is first-party bad faith? First-party bad faith occurs when an insurance company acts unreasonably in handling an insurance claim brought by its own insured. First-party […]
Case Overview When a 16-year-old girl suffered a traumatic brain injury in a T-bone collision in Commerce City, Colorado, we knew her life had changed forever. Chronic post-traumatic headaches and migraines now defined her reality. What began as a seemingly straightforward liability case evolved into a complex battle for fair compensation, and one we were […]
In Colorado, personal injury claimants are permitted to seek 3 categories of damages: In 2024, Colorado lawmakers revised the statute establishing caps on non-economic damages that can be recovered in civil cases (those focused on compensating the victim, rather than punishing the wrongdoer). House Bill 24-1472 amended Colorado Revised Statute § 13-21-102.5 to dramatically increase […]
The decision to hire a personal injury lawyer can be daunting. You want to find the right lawyer to guide you through one of the most challenging times of your life. You deserve someone who will not only fight for your best outcome but also make sure you feel heard, supported, and informed every step […]
Colorado has enacted a statute which outlines liability for landowners in Colorado. The statute is very broad and acts as the exclusive remedy for individuals injured on the land of another by virtue of a condition on the property, or activities conducted or circumstances existing on such property. Here are the basics: A “landowner” includes, […]
Insurance companies often attempt to settle bodily injury claims early and cheaply. Usually, they contact the injured claimant and offer money to help with medical expenses, when in reality, this money is only provided in exchange for a full release of all claims. This is a common problem injured people face in Colorado. Fortunately, the […]
We entrust our elderly loved ones with professionals in assisted living and skilled nursing in hopes that they will follow through with their promises of adequate staffing, care, and supervision. The laws in Colorado are designed to protect our at-risk population precisely because elderly persons are vulnerable to abuse, exploitation, and neglect. However, the signs […]