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Weekly Roundup for February 3

A Boulder, Colorado study sheds light on bicycle and pedestrian accidents in Boulder, Colorado. http://www.dailycamera.com/boulder-county-news/ci_19895363 A Florida auto-insurance reform bill aims to limit the types of health care clinics that could get reimbursements under the state’s personal injury protection law. http://www.bizjournals.com/tampabay/news/2012/02/03/florida-auto-insurance-reform-clears.html This article discusses a Connecticut law that may be preventing legitimate medical malpractice suits [...]

Weekly Round-Up 12/2/11

The first civil lawsuit in the Penn State child sex abuse scandal has been filed in a Pennsylvania.  http://www.nydailynews.com/sports/college/plaintiff-civil-lawsuit-jerry-sandusky-claims-abused-100-times-penn-state-coach-article-1.984405   The United States federal government has agreed to pay $2.5 million to the family of Robert Stevens, the first person killed in the anthrax letter attacks of 2001.  http://www.nytimes.com/2011/11/30/us/anthrax-victims-family-to-receive-2-5-million-in-settlement.html?_r=1 A German “think tank” has published [...]

Weekly Round-Up Dec. 23

In a move to prevent head injuries in youth skating programs, Skate Canada, an organization that provides training programs for hockey and figure skating clubs, has decided that ice and snow sport helmets must be worn and that bike helmets are not suitable protection for ice skaters.  http://www.vancouversun.com/news/Metro+Vancouver+rinks+increasingly+cool+bike+helmets/5820742/story.html   Have you ever wondered how Christmas [...]

Dec 16 weekly round-up

A number of Head Start centers across the country, which provide early education services to nearly 1 million low-income kids nationwide, were found to have serious safety violations, which could have led to the injury of many children.  http://www.newsday.com/news/new-york/safety-violations-found-at-head-start-centers-1.3385487 According to a report by the CPSC, holiday decorations are increasingly causing injuries to people.  http://www.emaxhealth.com/1506/holiday-decorations-are-increasingly-causing-injuries-cpsc-report [...]

Weekly Round Up Dec 9, 2011

A Utah family whose two girls died from pesticide poisoning nearly two years ago has settled a wrongful death lawsuit against the company and employee blamed for the accident.  http://www.sltrib.com/sltrib/politics/53062248-90/case-bugman-nocks-toone.html.csp In a sad case demonstrating how dangerous it is to combine drinking with inexperienced driving, a teenager who drove his SUV into a tree in [...]

Weekly Round-Up for January 6, 2012

You have to love the style of some judges.  Some write opinion in verse, others in the local vernacular.  http://lawhaha.com/strange-judicial-opinions/eccentric-judges/ Do you remember the McDonald’s hot coffee spill case?  Or, the case of the psychic who received a jury award for losing her abilities after a CAT scan?  The media’s portrayal of “frivolous lawsuits” is [...]

Weekly round up for dec 30

Wal-Mart, Supervalu, Walgreen, Kroger and Safeway remove powdered baby formula from shelves after a Missouri newborn who consumed the formula died of a rare bacterial infection.  http://www.msnbc.msn.com/id/45762595/ns/health A group of former NFL players sued the league alleging that brain injuries suffered in their playing years left them struggling with medical problems years later.  http://msn.foxsports.com/nfl/story/Ex-NFL-players-Jamal-Lewis-Dorsey-Levens-blame-league-for-brain-injuries-122211 With [...]

Weekly roundup for Jan 13

Talk about liability.  A 22-year old woman was lucky to walk away with only a broken collarbone after her bungee cord snapped over a crocodile-infested river on the Zimbabwe-Zambia border. http://www.msnbc.msn.com/id/45925027/ The devastating Japanese earthquake of March 2011 will undoubtedly have a long legacy, and now Tokyo Electric Power claims that it no longer owns [...]

11/25 Roundup

Talk about a big mess on the highway.  A tractor-trailer hauling 4,000 to 5,000 gallons of sealant apparently had a seal break on a valve which resulted in the road surface of the Pennsylvania Turnpike being swamped with tar.   Who is responsible for cleaning everyone’s cars? Just in time for the holidays, here are the [...]

Weekly Round-Up for 11/18/11

What is the connection between a deadly airline crash and young drivers?  It all has to do with five things young drivers do not learn in driver’s education classes.    Are you a fan of “Hangover 2″?  If so, you may be interested to learn that a stunt double for Ed Helms is suing Warner [...]

Weekly Round Up for November 11

Not all slip and falls are caused by icy conditions.  Sometimes the culprit is other slippery stuff such as oil, and Wal-Mart’s failure to properly clean up an oil spill at one of its stores means they will be paying out a large award to a truck driver injured in a slip and fall.  More [...]

The Most Common Reasons People Hire Personal Injury Lawyers

It is an unfortunate fact that there are limitless ways in which a person can be injured.  Some are actually comical (you can see some of the weird stuff people attempt on YouTube) but many more are tragic.  A Denver personal injury lawyer sees cases that run the gamut of accident types, but some types [...]

Weekly Round-up for 11/04/11

Averting a potentially catastrophic airplane crash by executing a “perfect emergency landing”,   the pilots of a LOT Polish Airlines flight from the U.S. to Poland safely belly-landed their Boeing 767 after its landing gear failed to descend properly. It is not quite time for those annual lists of most dangerous toys that are released around [...]

What Does the Legal Term “Reasonable Person” Mean?

There are many ways to define the term “reasonable person.”  For people living in Denver, a reasonable person would likely be described as someone who acts reasonably, does not expect too much from others and generally gets along with others.  In legal situations, however, the term “reasonable person” takes on a different meaning, often depending [...]

October 28, 2011 Weekly Round-Up

Watch out while driving on these haunted roads. The question of ghostly liability remains unanswered! It is always interesting to look at how U.S. traffic statistics compare with other countries’ statistics.  A recent study found that Canadian drivers involved in accidents in The U.S. were significantly less likely to have been under the influence of [...]

Silent EVs

Do not assume that only our sense of sight gets us safely across an intersection.  We also use our sense of hearing.  New technology unintentionally may make being a pedestrian a little less safe.  There are increasing numbers of auto accident injuries and also injuries stemming from motorcycle accidents due to the growing number of [...]

NHTSA Car Seat Recall List

Parents try to do everything they can to ensure the safety of their children.  Unfortunately, some have had to hire a Denver injury lawyer because their child was injured in a car accident.  One very important way to keep kids safe when they are riding in a motor vehicle is to make sure that they [...]

Colorado Family Files Listeria Lawsuit

One of the best parts of summer is all the great tasting fruit that is available.  You wouldn’t think that eating cantaloupe as part of a healthy diet could make you sick, but as recent news has shown, there has been a recent outbreak of Listeria poisoning linked to cantaloupes grown in Colorado. A Denver [...]

Weekly Roundup for Friday, October 7

First, it was Colorado Cantaloupe that was blamed for causing listeria related illnesses.  Now California romaine lettuce is also joining the ranks of listeria tainted food products. One positive outcome of the poor state of the U.S. economy is that the number of drunk driving incidents is down over the past five years. What if [...]

Colorado Booster Car Seat Law Now In Effect

According to the Colorado Department of Transportation, in the years 2006 through 2010, 64 children between the ages of 0–12 who were passengers in a vehicle died in traffic crashes in Colorado.  Of those 64 children, 55% were not using a child safety seat or a seat belt, or else they were using one improperly.  [...]

NTSB Most Wanted List

The National Transportation Safety Board (the NTSB) has compiled its own Most Wanted List.  The list brings attention to changes that could save numerous lives and avoid many injuries caused by transportation accidents. Many, many accidents occur daily in Denver.  Personal injury attorneys see the tragic results of many of those accidents, which often cause [...]

Weekly Round-Up for September 30

In order to protect ourselves in the event of an accident, most of us have car insurance, health insurance and homeowners’ insurance.  But some celebrities have some really outrageous insurance policies. There is a way to keep a teen driver safer.  NADAguides has come up with a list of vehicles that could help keep students [...]

Helping Your Attorney Get Your Case Ready

When you hire an attorney to handle your personal injury case, you may assume that there is nothing more you need to do. While your lawyer and their legal staff will take the lead, there are a few additional things you can do to help get your case ready. If you are involved in an [...]

Weekly Round Up for September 23

It is bad enough when air show performers are injured, but a number of spectators at a Nevada air show ended up with serious and fatal injuries. It isn’t just parking garage fender benders that can result in injuries.  Even upscale venues see crime occur in their parking garages, which begs the question of how [...]

What are “Pain and Suffering” Damages?

The aim of a civil lawsuit is to recover damages. Damages are a way to monetarily compensate an injured party for any injuries suffered by them as a result of the actions of the defendant. The Colorado State Judicial Branch defines damages as: The monetary compensation which may be recovered by a party for personal [...]

What is Mediation?

Mediation seeks to bring conflicting parties to an agreement of compromise and for ending a legal dispute without having to go to court.  It is a negotiating session that is mediated by an impartial third party (the mediator).  Mediation is often used in contract disputes and other civil matters.  It is sometimes referred to as [...]

Parking Lot Accidents

How much trouble can you get into within a confined space with vehicles generally traveling at low speeds?  A lot (no pun intended).  Auto accidents routinely occur in parking lots.  People are too concerned with tuning in their favorite radio station, dialing up their best friend on their cell phone, or lighting up a cigarette [...]

Weekly Round-Up September 16

Even eating healthy can get you sick these days, sometimes leading to long term disabilities.  Grocers are pulling Rocky Ford cantaloupes off their shelves after they were linked to a multi-state outbreak of Listeria. Car vs. motorcycle accidents often have a tragic outcome.  However, through the bravery of passers-by, one motorcyclist was able to survive [...]

Colorado Teen Driving Statistics

As car accident lawyers, we are very concerned by nationwide statistics regarding teen drivers.  According to the Insurance Institute for Highway Safety, the leading cause of death among 15- to 20-year-olds is motor vehicle crashes.  Sixteen year-old drivers have higher crash rates than drivers of any other age and are three times more likely to [...]

Weekly News roundup for September 9, 2011

With millions of children now back to school, everyone needs to keep in mind how to best ensure children’s safety while riding school buses. Even if we can make school buses as safe as possible, other issues may arise, such as what happens when children are dropped off at the wrong location? Perhaps things are [...]

What You May Not Know About Medical Malpractice

Medical malpractice cases can involve not just doctors, but nurses, physicians’ assistants and the like.  Individuals injured as the result of medical malpractice should seek out legal advice from a medical malpractice attorney.  Doing so will help to ensure that their rights are properly protected.  Medical malpractice cases arise from the negligence of a medical [...]

When Bears Attack, is There a Question of Liability?

In the spirit of personal challenge and growth, many teens embark on wilderness training programs.  If disaster strikes, such as a wild animal attack, how liable is a wilderness training company?  Does signing up for a wilderness adventure mean that the school itself should be absolved of any liability in the event of severe injuries? [...]

Weekly News Blog Roundup September 2, 2011

First an earthquake and then a hurricane named Irene:  East Coast residents may need to resort to legal help for property damage claims. Not all hurricane injuries happen during the actual storm.  People need to know how to stay safe and avoid injuries in cleaning up after a hurricane. In an effort to improve motorcycle [...]

New Practices Hold Promise for Reducing Birth Injuries

Birth injuries are a devastating type of personal injury. The types of birth injuries can range from minor bruises and marks from the use of forceps to broken bones (a broken clavicle is not uncommon) through to brain injuries. A number of things referred to as birth injuries actually happen during the delivery of the [...]

Injury News Roundup August 26

ABA Journal: Should $1 Million be the standard amount of money to compensate a pregnant woman who delivers a stillborn child because of medical malpractice? NY Times: A small NYC law firm is preparing to bring a class-action suit against New York City on behalf of cyclists over summons for what it contends are for [...]

Injury News Roundup August 19

Wrongful Death via Mountain Goat: The widow of a 63 year old hiker who was gored to death by a mountain goat in Washington’s Olympic National Park has filed a federal wrongful death claim against the park. Sketchy Skechers Shape-up Shoes: An Ohio woman has filed a suit alleging that Skechers Shape-Ups shoes can cause serious [...]

Injury News Roundup August 12

Grand Junction Physician Arrested for Fraud. Second doctor in connection has warrant for arrest. Fraud scheme cost lives of four patients. An Upstate New York Tour Bus Accident – 19 injuried. Police will help determine if speed was appropriate for wet conditions. New Anti-Bullying Law for Schools in New Jersey. Law goes into effect in [...]

Injury News Roundup – August 5th

Brain Injury Lawsuit Settles in Fremont: A tragic slip and fall accident that started with the plaintiff helping police with a burglary investigation. Settled for just under $1.1 million. Driver Error Kills 2-1/2: A tragic car accident that killed a pregnant woman and her friend in Miami. Prison in England Admits Liability of Prisoner’s Injuries. [...]

Are Automated Cars Safe for Everyone?

Last year, we wrote about Google developing technology that would allow cars to drive themselves. At that time, we questioned the legal impact of such a vehicle, both in the legislative and liability arenas.  Now, we must consider the actual effectiveness of these systems in preventing car accidents and motorcycle accidents. A number of automobile [...]

Elderly Drivers

According to the National Highway Traffic Safety Administration (NHTSA), in  2008, older people were responsible for causing 15 percent of all traffic fatalities, and 18 percent of all pedestrian fatalities. Eighty percent of the traffic fatalities that involved older drivers occurred during the daytime, while 72% occurred on weekdays. Sixty-nine percent of car accidents involving [...]

One of the Most Effective Ways to Cause an Automobile Accident

Our society loves the internet. We love our computers and our smartphones. Most people feel lost if they are separated from their mobile phone for very long. People tweet, download and read news on the internet. They constantly feel the need to update their status on Facebook. Unfortunately, some people out there do these things [...]

Injury News Roundup

We’re starting a new roundup of industry news. If you have a news story that you would like us to consider including, please email us at info@thewernerlawfirm.com. A History of Bizarre Personal Injury Claims in Britain: It seems the US is not the only country that gets its fair share of unusual injury claims. Keep [...]

Spring Season Slip and Falls

Spring has sprung, and with it comes an entirely new crop of slip and fall accidents just waiting to happen.  Spring is typically seen as a season of hope, and most people (despite any seasonal allergies they may be suffering) truly do enjoy the spring.  However, those unlucky enough to find themselves injured as a [...]

How To Avoid A Hazardous Driver

What is the best way to avoid being injured in a car accident?  Keep yourself out of dangerous situations.  What is one of the greatest dangers on the road?  Hazardous drivers.  To avoid accidents, motorists should learn how to avoid hazardous drivers. It is bad enough to be involved in an accident.  Unfortunately, hazardous drivers [...]

The Danger of Posting Personal Info On Line When Involved in a Personal Injury Case

Facebook. Twitter. Myspace. Social media sites abound. They have enabled people from across the globe to keep in touch with just a few quick keystrokes. Social media sites have also allowed people to let everyone know their business. Things that would have taken a few days to have spread to a circle of friends now [...]

Seat Belts On School Buses

If you are a driver or passenger in a car in Colorado, you can be issued a ticket for not wearing a seat belt. In fact, bus accident and/or truck accident lawyers routinely handle cases that include seat belt tickets. Colorado has some effective means for catching those who do not use seat belts. There [...]

10 Things To Do And Not To Do After A Car Accident

Be prepared ahead of time:  Denver motorists should carry a cell phone and also have a well stocked first aid kit, traffic flares and traffic cones in their vehicle.  Have your license, registration and proof of insurance with you whenever you drive, even if you are an underinsured driver or are uninsured.  Car accidents can [...]

“Hands Free” Does Not Mean Not Distracted

It is something seen every day:  people driving while talking (or worse, texting) on their cell phones.  And, every day, the news carries a story about some distracted driver involved in an auto accident.  Attorneys in Denver have seen a marked increase in the number of car accidents blamed on cell phone use while driving. [...]

Most Dangerous Roads in Denver

In a state that actually has a road named “Oh My God Road”, some highway drama should be expected.  That does not mean that all drivers in Colorado are looking for a little excitement out on the road.  An automobile accident lawyer can help individuals involved in car accidents, whether they occur on a “safe” [...]

Who Are the Staff of a Personal Injury Law Firm?

There are many different professionals and support personnel who are all vital in making a legal practice run smoothly.  In Denver, good personal injury law firms make use of the talents and expertise of many different individuals in handling cases involving an injury.  Attorneys are what first come to mind when naming who works at [...]

Being Prepared For A Recorded Statement

In some instances, insurance companies ask for a recorded statement after a car accident in order to conduct a thorough investigation and confirm who was liable in the accident.  Recorded statements aid insurance companies in determining facts about an accident.  Sometimes, insurance companies may not give a liability decision until they receive a recorded statement [...]

Why Does My Child Have To Go To Probate For Their Personal Injury Claim?

If your child has been injured in an accident, settling the case with an insurance company may not be as easy as you think.  If your child is to receive compensation for their injuries, the insurance company may require their monetary recovery to be placed in a restricted bank account.   A Probate Judge will hold [...]

Trucker’s Dilemma

Believe it or not, Truckers often find themselves in situations beyond their control with the companies they work for or sub-contract for.  Often times companies will contract for loads that are not legal for our highways and roads.  Therefore, the drivers will find back roads to drive in order to get around the DOT weight [...]

Defenses That Will Negatively Impact Your Personal Injury Claim

In an automobile accident, the at-fault driver is entitled to assert defenses that will reduce your personal injury award.  Here are two to consider: 1.      Comparative Negligence – is when you are in an auto accident and the at-fault driver accuses you of partially causing the accident.  Insurance companies use comparative negligence to assign blame [...]

Fair Settlement For Injuries And Damages

How do you know a settlement offer is fair for your injuries and damages?  It is a daunting challenge for a victim of a car accident to put a monetary value on pain and suffering.  Calculating your extract total of medical bills may be helpful for estimating a starting point of your bodily injuries; however, [...]

Be Cautious Of Large Vehicles

Even though truck/bus drivers may be held to the same traffic laws as a regular motorist, be smart and give them plenty of room.  An accident involving any large vehicle whether it is a semi tractor trailer, large commercial truck or even a bus can be deadly.  The driver of these large vehicles cannot stop [...]

The Benefits Of Uninsured/Underinsured Motor Vehicle Coverage

We’ve previously talked about the benefits of uninsured/underinsured (UM/UIM) motorist coverage to protect you when another driver is at fault and causes injuries and damages.  While a majority of drivers on the road carry bodily injury coverage at the minimum-required increment, you cannot count on another driver to carry sufficient limits in case you are [...]

Hit And Run Accidents And Your Options

Imagine being injured in an accident and the at-fault driver has fled the scene. The at-fault driver doesn’t come back, the police can’t find them and you need medical care and treatment for your injuries. What do you do next? What are your options? It is better to be prepared ahead of time in order [...]

A Traffic Ticket Is Not Admssible In A Personal Injury Trial

If the other driver gets a traffic ticket in an accident where you have been injured, you might think that you have the perfect personal injury claim.  Unfortunately, that is not the case.  The issuance of a traffic ticket is not admissible in a personal injury civil trial. In our judicial system, you are presumed [...]

The Statute Of Limitations And Insurance Claims

If you have been injured in a car accident in Denver that was not your fault and you made a claim against the at-fault driver, you have probably played a waiting game with their insurance carrier at various times of the claim.  Whether you are dealing with the insurance company alone or whether you have hired [...]

What Is A Sudden Emergency?

A sudden emergency defense may prevent an accident victim from recovering money damages from an at-fault driver.  For example a person who loses consciousness and causes an accident generally cannot be found to have acted negligently, and therefore won’t have to pay the injured person. The person asserting the defense of a sudden emergency has [...]

Four Year Old Sued In Bicycle Accident

Do you remember the case where the 4 year old child is being sued in a personal injury case when she had a bike crash with an elderly lady? Although the elderly lady did not die from the injuries caused by the impact of the bicycle accident itself,  some people would argue that the child [...]

Social Impact Of Automated Vehicles

In a previous blog, we discussed the legal implications of a fully-automated car.  The car will also have social impacts. The social impacts from fully-automated cars range from every-day activities to how cities are built in the future.  Driving to the grocery store, delivering a pizza or going for a leisurely drive would be a new [...]

Adding Up the Details: Why Your Claim May Be More Eligible Than You Think

You’ve been in a car accident and are thinking about hiring a Denver personal injury lawyer but you’re worried lawyer fees will suck up most of your award, right? Don’t be! In reality, most people who hire a Denver accident lawyer end up with more money in their pocket than they would have if they [...]

What to Do If Your Claim Was Denied

You’ve been in a car accident. It was the other driver’s fault and now their insurance company is denying your claim. You need money for medical bills and to repair the damage to your car. What can you do? The easiest solution is to hire an experienced personal injury lawyer who can fight on your [...]

Not All Slip And Fall Cases Deserve A Bad Reputation

We have all heard the stories; someone looking to make a quick buck finds a person with deep pockets, and conveniently slips and falls on that person’s property. The “injured” party finds some bottom feeding lawyer and files suit against the property owner. The property owners’ insurance company settles the case rather than incur the [...]

3 Truck Regulations Most Often Broken

The operation of commercial vehicles is a strenuous and potentially dangerous activity. A seemingly minor mishap can quickly transform into a nightmarish truck accident with victims and substantial material damage. Much of this is due to the sheer size of tractor trailers, semi-trucks, busses and other commercial vehicles. The potential for disaster is tremendous in [...]

Understanding Uninsured And Underinsured Motorist Insurance

According to Colorado law, every driver must carry liability auto insurance with a minimum coverage limit of $25,000 per person and $50,000 per accident for bodily injury coverage plus $15,000 per accident for property damage. City and state police officers do a commendable job enforcing this rule, however many drivers manage to break this law [...]

What To Expect When Having Your Deposition Taken

There are some restrictions around how your injury lawyer can help you prepare for a deposition, but if you have any questions about the process don’t hesitate to ask.

How Is Pain And Suffering Monetarily Quantified?

  “Pain and suffering” is among the most misunderstood components of personal injury law. It can be difficult to quantify pain and suffering, but it is a legitimate damage that can be claimed. Since no amount of justice can undo the past, pain and suffering is used as a monetary compensation to offset the un-rectifiable [...]

Bicycle Helmets – Not Required In Colorado, But A Good Idea

Bicycle accidents account for many victims each year here in Colorado. As more and more Coloradans recognize the benefits of living an active life and performing physical activities regularly, they embrace cycling as a method of transportation which is clean, healthy, accessible and fun. Unfortunately, drivers have more distractions than ever from GPS navigation to [...]

Subrogation – New Rules In Colorado

Subrogation is a legal term which means that the insurance company of a person who was injured in an accident is entitled to receive a part of the settlement money paid to the victim. As a legal principle, subrogation is designed to prevent a plaintiff from collecting a compensation twice for the same damages suffered. [...]

Understanding Statutes Of Limitation

Personal injuries happen for a variety of causes. In most circumstances, an entity such as an individual, company or public institution can be identified as responsible for the incident that lead to personal damages of one or more persons. The victims are entitled by civil law to accuse the entity to obtain compensation for the [...]

Hit & Run, Eagle County DA Says No Felony Charges

According to the news article, a thirty-four year old man riding a bicycle was seriously injured when a hit-and-run driver struck him with his motor vehicle in Eagle, Colorado.

When Is A Child Old Enough To Be Sued?

One of the more interesting current cases involves a deceased woman, whose estate is suing a four-year-old child.

Law Firm In Denver Announces Alive At 25 Scholarship

The Werner Law Firm is offering a scholarship that fully covers voluntary attendance of an Alive at 25 Defensive Driving Course. After meeting certain criteria for the program, teens and young adults will be able to attend an Alive at 25 course absolutely free, courtesy of the Denver injury law firm.

Legal Impact Of Google’s Automated Cars

Earlier this month, Google revealed that it has been busy inventing a new technology that allows cars to drive themselves. We applaud their ambitions (safety and efficiency) and their progress on such a challenging feat. Google has been testing their technology on the California roads and has already logged over 140,000 miles.  The testing has [...]

Werner Law Firm Surpasses $3M For Clients In 2010

Denver Personal Injury Lawyer, Rich Werner, announces today that The Werner Law Firm has recently surpassed the $3 million mark in settlements for clients in 2010.

The Werner Law Firm is the only personal injury law firm that Tom Martino exclusively recommends and endorses.

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