Posted Sun 2nd Nov, 2014 | by | on Legal Insights

With election day being a mere 4 days away, now is the time to make sure you’ve researched the issues and decided who and what you will vote for.  Whether you’re a democrat or republican, it’s essential you vote and make sure your voice is heard.  Those who don’t vote often argue that they’re just one person and their vote doesn’t really matter.  The truth is that every single person’s vote counts and in fact, …

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Halloween Safety Tips

Posted Fri 31st Oct, 2014 | by | on Legal Insights

In honor of Halloween 2012, our blog post today is a list of helpful tips to keep your family safe while enjoying the holiday: -If you have young children, it is imperative that an adult supervises their trick or treating. If it’s a large group of kids, it’s a good idea to have 2-3 adults to keep track of everyone. -Monitor the candy they are getting and make sure they do not eat anything until …

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Settling a Minor’s Case

Posted Sat 25th Oct, 2014 | by | on Legal Insights

At Kidneigh & Kaufman we have been very successful in handling personal injury matters for minor children who have been injured. Most commonly when a minor gets injured in an accident, it is his or her parent who initiates the filing of a claim and who gives authority to the attorney throughout the settlement process.  While a minor’s parent has the authority to settle the minor’s claim, approval is often sought by a probate court …

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Wrongful Death

Posted Thu 23rd Oct, 2014 | by | on Legal Insights

In Colorado, a statutory right of recovery exists against a tortfeasor who causes the death of another.  The statute of limitations for wrongful death in Colorado is two years and begins to run on the date of the decedent’s death.  This type of claim is governed by the Colorado Wrongful Death Act and C.R.S. 13-21-201(1) and states that only certain parties are entitled to bring a wrongful death lawsuit.  These persons are the decedent’s spouse, …

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Why It’s Important to Use Your Insurance

Posted Sat 18th Oct, 2014 | by | on Insurance Claims

I often hear potential clients tell me about their possible claim and then follow it with their concerns about getting their or the at-fault party’s insurance involved.  I always ask the same thing- why do you have insurance if you are not going to use it?  Almost everyone knows the importance of having insurance, but too often people are concerned about actually using it to make a claim. The biggest worry I hear is, “I …

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Why Do I Need an Attorney?

Posted Sat 6th Sep, 2014 | by | on Attorney

I often get phone calls from potential clients who after explaining their situation then ask, but do I really need an attorney or can I handle this myself?  Almost always the answer I give is “unfortunately, if people were able to handle their own personal injury cases, I wouldn’t be in business and there’s a reason why we’ve been in business for over 30 years.”  Of course, I sincerely do wish that those persons injured …

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Motorcycle and Trucking Accidents

Posted Sat 9th Aug, 2014 | by | on Auto Accident Lawyer

While motorcycles and semi-trucks couldn’t be more different in terms of size, shape, and speed, the unfortunate thing they do have in common is the typically catastrophic injuries one sustains when in an accident on a motorcycle or involved in a crash with a semi-truck. The reason for this is the same: lack of protection.  Just as the driver of a motorcycle has no car body to protect him in a crash, there is very …

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The Importance of Car Insurance

Posted Fri 19th Oct, 2012 | by | on Legal Insights

In Colorado, and many other states, proper liability insurance is required to drive a car.  In fact, since 1997, Colorado has maintained a database that lists specific individuals and whether they hold the proper amount of insurance.  Because motor vehicle accidents are common, dangerous, and expensive, the goal of the database program is to decrease the number of uninsured drivers on the road and thus the expenses caused by these accidents.  This database is available …

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Comparative Negligence

Posted Fri 12th Oct, 2012 | by | on Legal Insights

Under Colorado law a Defendant is only liable for the percentage of fault attributed to him or her.  For example, if Defendant Smith rear ends Plaintiff Jones, but the jury determines that he was only 80% at fault because Plaintiff Jones braked suddenly and is thus 20% at fault then he is only responsible for paying 80% of Plaintiff Jones’ damages award.  If there is more than one Defendant then the same rule applies and …

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American Family Insurance Liable for Bad Faith

Posted Thu 11th Oct, 2012 | by | on Legal Insights

On October 4, 2012 the Colorado Court of Appeals confirmed a bad faith breach of insurance contract award against American Family Insurance.  The case arose when the Plaintiff was seriously injured in a motor vehicle accident in August 2008.  Due to his severe injuries, it was quickly clear that his damages were in excess of the combined limits of the at fault driver and his own underinsured policy with American Family.  As such, the Plaintiff …

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