Stacking Uninsured and Underinsured Motorist Coverage

Posted Thu 23rd Jun, 2016 | by | on Auto Accident Lawyer, Injury Law Firm

The importance of having uninsured and underinsured (UM/UIM) coverage on your auto policy cannot be stressed enough. Having this type of coverage is the best way to protect yourself in the event you are injured in an accident caused by a driver who either does not have insurance or does not have enough insurance to cover your damages. For example, if an insured driver caused damages to you of $125,000 and he had limits of …

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Colorado’s Governmental Immunity Act and Wrongful Death Claims

Posted Mon 25th Apr, 2016 | by | on Accident Law Firm, Articles, Attorney, Auto Accident Lawyer, Injury, Lawyer

While negligence will likely be the principal cause of action for most cases arising out of a motor vehicle collision, it may be necessary to plead other associated causes of action. For example, the Federal Tort Claims Act provides the cause of action based on the negligence of a federal governmental employee. A claim involving the negligence of a state, county, city or political subdivision employee is brought under Colorado’s Governmental Immunity Act (CGIA) to …

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WHO CAN BE A PARTY TO A PERSONAL INJURY ACTION AND WHAT ARE COMMON POTENTIAL CAUSES OF ACTION?

Posted Tue 8th Mar, 2016 | by | on Accident Law Firm, Attorney, Auto Accident Lawyer, Injury, Injury Law Firm, Lawyer

Causes of action for injuries resulting from motor vehicle collisions include claims based on: a tortfeasor’s (the responsible party) individual liability for the tortfeasor’s own acts and omissions; vicarious liability; contract; an injury to another (i.e. derivative claims); based on wanton and wanton conduct; and the right of subrogation. Negligence is the most often pled cause of action based on a tortfeasor’s own acts or omissions that give rise to a personal injury claim arising …

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Cell Phones and Driving

Posted Mon 18th Jan, 2016 | by | on Accident Law Firm, Articles, Auto Accident Lawyer, Injury, Injury Law Firm

As 2016 begins, it is safe to say that the majority of drivers on the road not only have a cell phone, but that cell phone is always in the car with them. With this in mind, I would urge all of those drivers who this applies to, to put your cell phone away each and every time you start your car. In short, STOP using your cell phone while you’re driving! Each year, over …

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5 Things You Should Do After a Car Accident

Posted Thu 3rd Dec, 2015 | by | on Accident Law Firm, Auto Accident Lawyer, Injury, Injury Law Firm, Lawyer

Over six million car accidents occur in the United States each year and, fortunately, most are relatively minor.  As personal injury attorneys, we deal with car accidents every single day.  Inevitably, a client or friend will ask me, “what should I do if I get into an accident?”  Obviously, there are many different things that you can and should do depending on the circumstances, but here are 5 things that everyone should do if they …

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Injured by a Drunk Driver?

Posted Tue 29th Sep, 2015 | by | on Auto Accident Lawyer, DUI, DWAI

If you were injured by a drunk driver, you may be entitled to punitive or exemplary damages.  These damages are in addition to your compensatory damages for things such as medical bills, wage losses, and pain and suffering.  A claim for punitive or exemplary damages may arise where there is evidence such as excessive speed, alcohol or drug abuse, or other evidence of gross negligence, willful and wanton, or reckless conduct. Keep in mind that …

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Bad Faith After Litigation Starts

Posted Thu 9th Jul, 2015 | by | on Insurance Claims

BAD FAITH AFTER LITIGATION STARTS By Stephen C. Kaufman Once litigation is commenced by an insured against an insurer with a demand for arbitration or the filing of suit in an attempt to collect uninsured or underinsured motorist benefits, the insurer oftentimes has the strange idea that it can treat its insured in whatever manner it likes, regardless of how awful, and that under no circumstances can the insurer be held liable pursuant to a …

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How to make 17% Interest on an Uninsured Motorist Claim

Posted Thu 9th Jul, 2015 | by | on Auto Accident Lawyer, Insurance Claims

HOW TO MAKE 17% INTEREST ON AN UNINSURED MOTORIST CLAIM By Stephen C. Kaufman This article will provide plaintiffs attorneys with a blueprint for arguing that an insured is entitled to 17% prejudgment interest on his or her uninsured motorist claim. Sure, this sounds odd and likely the reader’s eyes are starting to roll off to the left the way they do when something they are hearing is not making sense. Yet, recall that many …

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Bifurcation and the Bad Faith Claim

Posted Thu 9th Jul, 2015 | by | on Insurance Claims

By Stephen C. Kaufman There are certain insurers with policies requiring that the insured sue the insurer when they cannot agree on the amount of uninsured or underinsured motorist (hereinafter UM or UIM) benefits to which the insured is entitled. Often times the dispute over benefits is genuine, with both parties acting in good faith. Sometimes it is not and a claim for bad faith may result. When this happens the insured’s attorney would do …

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Thoughts for Discovery in the Bad Faith Case

Posted Thu 9th Jul, 2015 | by | on Insurance Claims

THOUGHTS FOR DISCOVERY IN THE BAD FAITH CASE By Stephen C. Kaufman This article is written to give the practitioner some thoughts concerning areas for inquiry in a bad faith case involving a delay or failure to pay uninsured motorist or personal injury protection benefits. In this regard, the focus here will be on questions to ask in interrogatories and documents to request for production. Because these are complicated cases and there is much the …

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