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8.11.2021 ~ Top 5 Ways Your Worker's Compensation Claim May be Denied

Top 5 Ways Your Workers’ Compensation Claim May be Denied

People who become injured on the job may be eligible to collect workers’ compensation benefits. However, there are several different reasons why your workers’ compensation benefits may be denied.

The top 5 ways your workers’ comp may be denied include:

1. Failure To Report the Incident by the Required Time Deadline
All employers are required to ensure their workers’ safety on the job. If an accident occurs on the job, the injured worker is required to report the injury to their employer. In Colorado there are time deadlines. Employers should quickly perform an internal accident investigation to determine if, when, and why the accident occurred in the first place.

2. Concerns That Your Injury Didn’t Happen While At Work
If there is any question of whether the injury really happened while the victim was at work or not, the company may not be liable to pay any type of claim benefits.

3. Victim Found to Be Intoxicated During Time of Incident
If the victim was found to be under the influence of drugs or alcohol during the time of the incident, it could jeopardize the entire case.

4. The Injury Was Due to a Pre-existing Health Condition
An employer may win a workers’ comp case if the injury happened due to a pre-existing medical condition. This is a tricky situation, and a knowledgeable attorney can help get the needed evidence on behalf of the injured employee.

5. Victim Failed to Seek Immediate Medical Treatment at an Approved Medical Provider. Most employers require employees to see an approved medical provider if hurt while working. The claim could be denied if the victim procrastinated or failed to seek care.

Call the experienced attorneys at Daniels & Scriven, P.C. to help guide you through your Workers' Compensation Claim, (720) 863-6006.
Chevrolet bolt

7.21.2021 ~ Chevrolet Bolt Recall

Consumer Alert: Chevy Bolt Recalled Due to Fire Risk
 

The National Highway Traffic Safety Administration (NHTSA) recently issued a consumer alert about the recall of certain model year Chevrolet Bolts due to a risk of fire hazard. According to the NHTSA, 2017-2019 Chevy Bolts are being recalled at this time, and owners are being urged to park them outside.
 

If you have one of these vehicles, make sure you park your car outside and away from your home or other structures. Make sure to park them away from structures immediately after charging too, and don’t leave them to charge overnight. This consumer alert applies to vehicles that have been “repaired” as well.
 

Fire Hazard with Defective Chevrolet Bolts
 

These defective vehicles were recalled in November of 2020, but the potential for unattended fire is very high, so the NHTSA is working to get the word out about parking these vehicles away from homes and structures. The fire risk occurs in the high-voltage battery pack underneath the backseat’s bottom cushion.
The defective cell pack can smoke and ignite internally, which can spread fire to the rest of the vehicle and cause surrounding areas, especially if parked in a garage or near a home, to go up in flames.

Park Your Bolt Outside, Even If It has Been Repaired
 

Currently, the NHTSA is advising that these vehicles should be parked outside and away from structures regardless of whether the interim or final recall repairs have been completed. The NHTSA is now aware of at least two recent incidents involving Chevy bolt EV fires in vehicles that received the recall remedy. An additional investigation is being conducted to find out what is going on with the remedy.
 

Injuries and Accidents Caused by Defective Auto Parts
 

After any kind of injury or accident involving a recalled vehicle, it’s a good idea to speak with a Personal Injury lawyer about your case. Since it can take months or longer for investigations to get conducted and recalls to get initiated, it’s also important to report any suspicious accident causes to the NHTSA and your vehicle’s manufacturer.
 
If you have been injured or if you have lost a loved one due to a motor vehicle collision caused by a defective vehicle, call the experts at Daniels & Scriven, P.C., (720) 863-6006 or contact us at DanielsScrivenLaw.com
Bus photo

7.7.2021 ~ Bus Accidents

BUS ACCIDENTS IN COLORADO
 
According to the National Highway Traffic Safety Administration (NHTSA), there are thousands of bus accidents in the United States annually. Many of these accidents result in countless injuries to bus passengers, pedestrians, and people in other vehicles. Bus crashes are unique from other auto accidents due to the size and weight of the buses, as well as the lack of seatbelts and other standard safety equipment found in cars.

Cars and pedestrians hit by a bus are more likely to suffer serious or even life-threatening injuries. Bus riders are equally at risk because they may get thrown around the passenger compartment leading to serious injuries.

COMMON CAUSES OF BUS ACCIDENTS

As common-carriers, bus operators have a special duty to ensure the safety of their passengers.

Bus accidents can be caused by numerous factors, including:
 
  • Old buses and outdated equipment
  • Bus driver negligence
  • Dangerous roadway design
  • Defective Products
  • Improper maintenance
  • Inadequate bus driver training
  • Bus driver inattention

When a bus accident occurs, there is almost always an on-scene investigation of the accident by the supervisors. However, it is important for injured bus riders to promptly hire an attorney to conduct an independent investigation. People injured in bus accidents need to understand that the investigators—and even the police that respond to the accident—often work for the same government entity that operates the buses.

DETERMINING LIABILITY IN BUS ACCIDENT CLAIMS

Bus accidents are also unique because buses and other forms of mass transit are typically operated by government entities. As such, special requirements and procedures need to be followed in order to bring your claim for injuries against the government entity. The skilled attorneys at Daniels & Scriven, P.C. have successfully litigated claims against government entities and have a track record of success litigating bus accidents.

One of the early questions in bus accident claims involves determining who the responsible parties are. Buses can be operated by numerous different government entities.

In many cases, these public entities will try to downplay the injured claimants and aggressively deny their claims. Routinely, public entities try to settle Colorado bus accident claims for next to nothing. They may even deny your claim outright, forcing you to go to court for resolution. Our attorneys have successfully gone up against public entities in the past and are prepared to aggressively pursue your claim too.

Get started with your free consultation today! Call (720) 863-6006 to speak with a member of our legal team. There are never any fees for you until we recover compensation on your behalf.
 
Boat pic

6.9.2021 ~ Boating Accidents

As summer approaches and temperatures are warming up, many people are putting on their summer gear and heading to the water.  Boating is a common pastime in Colorado – and the fun and excitement that comes with boating has many ready for the summer season. Unfortunately, even the best summer fun can lead to life altering accidents.

NEED A LAWYER FOR A BOATING INJURY CASE?

Throughout the state and the rest of the country, there are thousands of people injured and hundreds killed in boating accidents. Not only that, but people also lose millions of dollars every year because of property damage. If you were involved in an accident that was caused by your boat operator, the operator of another boat, or a machinery defect, you could have the right to seek just compensation.

WHAT STEPS SHOULD YOU TAKE IF YOU’RE INJURED IN A BOATING ACCIDENT?
 
  • The first thing you should do is seek medical attention. Even if you do not think you are injured, the injuries could take a couple days to become apparent, so it is best to be examined by a doctor as soon as possible following the accident.
  • Take photos and get the contact information of witnesses.
  • You should also report the accident to the proper authorities in the event you need to file a claim. Your best option is to call 911.

WHAT ARE THE MOST COMMON TYPES OF BOATING ACCIDENTS IN COLORADO?
 
  • Collisions with other boats including jet skis,
  • Collision with a dock or the land,
  • Water skiing or wakeboarding accidents, and,
  • People falling overboard.

According to the U.S. Coast Guard, 80% of people who died in boating accidents died of drowning.

If you lost a loved one or were seriously injured in a boat accident, please allow our team to help you. We have years of experience in these types of cases and will do everything possible to get you the compensation you deserve.

We offer a free case evaluation to determine whether we are the right choice for your specific case. Who you choose to protect your rights could mean the difference between getting the compensation you deserve and having to shoulder the entire case on your own.  Please call us at (720) 863-6006 to get this burden off your shoulders.
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5.11.2021 ~ Proving Pain and Suffering

How to Prove Pain and Suffering From a Car Accident

Since compensation is not a tangible measurable, pain and suffering must be proven to argue for fair compensation.  Gathering evidence after a car accident is always a good idea for both special damages and general damages.

Documentation that helps your attorney argue for fair pain and suffering compensation includes:
  • Medical records
  • Journal entries
  • Witness statements
  • Photographs
DETAILED JOURNALING

Since pain and suffering includes the longevity and anticipated persistence of the effects, collecting evidence can be something that happens over a period of time. Keeping daily journal entries to track your experience over a length of time can support your case for proving the intensity of your pain and suffering. Tracking your experience shows the insurance adjuster, judge, or jury how your injuries impact your everyday life.

You can write about experiences like:
 
  • Duration, level, and location of your pain (try putting your pain on a numerical scale)
  • Frustrations
  • Feelings surrounding needing help with bathing or personal hygiene
  • Fear of lifelong disability and pain
  • Sadness, depression, or anxiety
  • Heartache from missing special occasions, family gatherings, or holidays
  • Intensity of mental and physical anguish
MEDICAL RECORDS

Medical records help to support any monetary compensation needed, but how can they help prove general damages? For pain and suffering cases, medical records can significantly support your claim because those records include a doctor’s notes.

Measuring the pain of physical damages, especially as they relate to mental impacts, can be affirmed by the doctor’s comments on severity. If you visit a therapist or seek counseling, keeping track of dates and topics of discussion also count as relevant documentation.

WITNESS STATEMENTS

It’s typical to use witness statements at the scene of an accident as evidence, yet the type of witnesses can broaden as your pain and suffering continues. Collecting statements from family members, friends, neighbors, and caretakers can support your case. Those close to you can describe how your life has been impacted. They are witness to personality changes and physical limitations due to your accident.

PHOTOGRAPHS

Documenting your pain and suffering journey through photographs and videos can help insurance adjusters and judges visualize the effects of the car crash. Presenting visual evidence can be a strong testament to pain and suffering post-accident.

CALCULATING PAIN AND SUFFERING FROM A CAR ACCIDENT

Unlike specialty damages like medical bills and lost wages, pain and suffering is not as easy to calculate into a monetary amount. There are several options for your attorney to quantify your pain and suffering (noneconomic damages). The attorneys at Daniels & Scriven, P.C., have spent years determining the best and most effect ways to quantify an injury victim’s noneconomic damages to provide the compensation they so desperately need and are entitled.

AVERAGE PAIN AND SUFFERING SETTLEMENT FOR CAR ACCIDENT

Every car accident is different, thus different settlements ensue for each collision and the damages that occur. Determining pain and suffering is based off of the calculations discussed above. Determining the cost of the payout is based on how much the multiplier is in the case. The actual cost will be determined on factors to justify the multiplier by presenting evidence.

Evidence is crucial in pain and suffering cases. Proving that your discomfort is liable for compensation can be difficult and subjective. Work with an experienced lawyer to advocate for you, both in qualifying and justifying your pain and suffering.

Payouts for auto accident pain and suffering cases can be quite high, so some states put caps on the amount of money a person can receive in a settlement or case. Colorado puts caps on damages for pain and suffering. Speak with your attorney for a more in-depth look into specific compensation caps for your case.

COLORADO INSURANCE PAYOUTS FOR CAR ACCIDENTS PAIN AND SUFFERING

Colorado is a comparative fault state, meaning auto insurance payouts are given based on the percentage of a person at fault. Some policies such as liability with higher coverage may allow you to sue for pain and suffering. If you are at fault, then your insurance will cover damages for the injured driver.

HOW TO SUE FOR PAIN AND SUFFERING CAR ACCIDENT

The process for suing in a pain and suffering claim in auto accidents involves negotiating settlement with the other party involved. If either party disagrees on the requested compensation, then the case may go to trial, where your attorney represents you in court.

When you get into a car accident and sue for pain and suffering, settlement negotiations conclude faster than litigation. If you receive a low offer from the defendant’s car insurance company and would like to counter the offer, our attorneys will be with you to help get the compensation you deserve.

WORKING WITH CAR ACCIDENT ATTORNEYS

Reaching out to car accident attorneys in the Denver metro area can be beneficial in the long run.  Attorneys are responsible for presenting evidence to justify your pain and suffering after a car accident. They calculate your damages to help you receive the highest amount of compensation possible.  Pain and suffering after a car accident can be staggering.

The attorneys Daniels & Scriven, P.C. will help you each step of the way. Contact us today (720) 863-6006 or DanielsScrivenLaw.com for a no-obligation case evaluation.
Damages

5.5.2021 ~ Compensation for Pain and Suffering in a Car Accident

Compensation for Pain and Suffering in a Car Accident
Car accidents can be stressful and harmful, affecting your physical abilities, finances, mental health, occupation, and overall well-being. Every year, about three million non-fatal injuries occur due to car accidents. If you have been involved in a crash, there is a chance that you will have to miss out on work, cover medical expenses, and handle insurance claims.

On top of that, the emotional toll of accidents can be overwhelming.
If this sounds familiar to you, then seeking assistance from a car accident attorney for a pain and suffering settlement may be in your best interest. Getting compensation can alleviate some of the stressors that result from car accidents.

There are two factors that can determine compensation: special damages and general damages. 

Special Damages vs. General Damages

Special damages are easily quantifiable. They are measured by the amount of money it takes to cover losses. Examples include:
• Medical bills
• Lost wages
• Vehicle repairs

General damages are non-economic. Since they are intangible, they are more difficult to measure with a dollar amount. Examples include:
• Loss of companionship
• Reduced quality of life
• Physical disfigurement or impairment
• Pain and suffering

Though these factors are palpable, it is hard to determine how much your general damages are worth because the grief felt may seem incomparable to any monetary amount. Yet, if you are suffering, indemnification can potentially ease that suffering.

What Is Considered Pain and Suffering in a Car Accident?

Pain and suffering refers to the physical and mental pain victims experience after a car accident. Pain and suffering in legal terms is getting compensation that covers the overall loss of comfort, ability, happiness, and opportunity that follows serious injuries.

Examples of Pain and Suffering

Pain and suffering includes the mental and physical damages endured because of a car accident. Because mental and physical aspects of our functioning are interconnected, effects of injuries overlap in mental and physical damages. Physical pain can oftentimes take a toll on how our mental health functions. Pain and suffering examples include:
• Long-term disability
• Shorter life expectancy
• Lasting physical limitations
• Physical pain and discomfort
• Traumatic Brain Injury
• Physical changes such as scarring and amputations
• Changes in sleep
• Depression
• Anxiety
• Post Traumatic Stress Disorder (PTSD)
• Changes in appetite
• Overall mood changes

Judges and juries commonly take into consideration various factors of pain and suffering when considering compensation, including:
• Age of victim
• Long-term damages
• Effect on enjoyment of life
• Future problems
• Mental health

Car insurance payouts for pain and suffering can also rely on evidence your car accident attorney presents. The above factors are taken into account and having sufficient evidence to prove their impacts will only make your case stronger.

Reaching out to car accident lawyers in the Denver metro area can be beneficial in the long run. Attorneys are responsible for presenting evidence to justify your pain and suffering after a car accident. They calculate your damages to help you receive the highest amount of compensation possible.

Pain and suffering after a car accident can be staggering. The attorneys Daniels & Scriven, P.C. will help you each step of the way.
Contact us today (720) 863-6006 or DanielsScrivenLaw.com for a no-obligation case evaluation.

Stay tuned for the Next blog post from Daniels & Scriven, P.C. where we further explore how to prove pain and suffering after a car accident.
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4.27.2021 ~ Car Accidents Involving Uber or Lyft

Ride share services such as Uber and Lyft have become a popular alternative to taxi services. These rideshare companies employ their drivers as independent contractors, which means that they are using their personal cars and are responsible for their own vehicle-related costs.

People love these services as they are very easy to use, and all you need is a smartphone. Through an application, you can easily request a ride by putting in the location of your destination, and you will automatically match with an available driver in the area.

Although the concept of these services is quite straightforward, questions may arise when it comes to liability for a car accident case that involves an Uber or Lyft vehicle.

IS IT POSSIBLE TO SUE UBER LYFT?

Uber and Lyft drivers are all independent contractors. So, when there is a car accident with an Uber or Lyft driver, you cannot sue the company directly. Companies like Uber and Lyft are not liable for the actions of these independent contractors.

In other words, the companies only provide their drivers with an application to arrange rides with passengers, and then everything that happens on the road is out of the companies’ control. However, these companies can still be held financially responsible when there is an accident that involves their drivers, particularly when there are injuries and damages incurred.

HOW DOES CAR INSURANCE WORK IN THESE CASES?

Every driver employed under Uber or Lyft is required to have their own car insurance coverage, and the companies will augment that insurance for extra coverage.

That is because when a driver is “working,” whether they’re available for a fare or in a middle of transporting a passenger, many personal insurance providers will try to refuse coverage by arguing that the insured party was driving for hire, thus disputing the driver’s claim to personal insurance coverage.

Regarding insurance coverage for drivers, rideshare companies usually follow a three-tiered approach. The first tier includes the driver’s personal insurance, which covers the driver when they are not working or engaging in the act of a rideshare driver.

The second tier comes in when the driver is available for a fare but not transporting a passenger. Therefore, the driver may be covered by their own personal insurance, but the company’s insurance will have to step in when necessary.

Finally, the third tier applies when the driver is driving a passenger, in which the companies are responsible for providing at least one million dollars in liability insurance for their drivers.

If you were inured in a ride share accident, call the attorney at Daniels & Scriven, P.C. to help guide you through the process.  (720) 863-6006
Distracted driving

4.13.2021 ~ April is National Distracted Driving Month

As you may have noticed, traffic has dropped significantly since the start of the COVID-19 pandemic; however, the roads have only gotten more dangerous.  Despite less people on the roads in 2020, crashes were up.  Distracted driving has become a deadly epidemic on our roads.  On a typical day, more than 700 people are still injured in distracted driving crashes. According to AAA, distracted driving kills nine people every day in the U.S.

While drivers texting behind the wheel is one of the most common distractions, other risky actions include talking on a cell phone – even hands-free –or programming an in-vehicle infotainment system, applying makeup, eating food and more diverts attention away from driving.

Ways to help stop distracted driving.
 
  • If you need to read, send, or respond to a text, pull over and park your car in a safe location.
  • Have a passenger be your designated texter.  Allow them to respond to messages for you.
  • Do not scroll through apps, including social media, while driving.  If you are struggling to not check your phone while driving, consider putting your phone out of reach until you reach your destination.  You can also place your phone on a do not disturb setting.

4.7.2021 ~ What should an injured passenger do after a car accident?

Being an injured passenger after a car accident can leave you feeling helpless. You were not driving either car involved, and your insurance is not responsible for car repair claims. You are not at fault for anything, yet you still are a victim of injuries caused by the accident. These injuries induce medical costs, lost wages, and other expenses. What should you do?
Can I receive compensation from a car accident as a passenger?
Contrary to what someone might think, passengers injured during a car accident that they had no active role in still have every right to receive compensation. In fact, in most cases, it will be a more straightforward process than that of either driver involved in the accident. The important thing, no matter what role you played in a car accident, is that you take the right steps afterward to ensure a smooth claims process.
HERE ARE SOME THINGS YOU SHOULD DO IF YOU’RE AN INJURED PASSENGER AFTER A CAR ACCIDENT.
Get everyone’s information involved in the car accident!
You may not have been one of the drivers involved in the car accident, but that does not mean you should not be included in the information exchange process. Your insurance will not be responsible for your injuries, as you were not at fault.
The claims process determines which driver is at fault for the accident at hand. However, the injuries you sustain may cause you to incur medical expenses, lost wages, and more. Those are all costs resulting from the accident and will fall under the responsibility of whoever is at fault.
Make sure to get both drivers’ information, as well as information on the police report. Whether fault seems obvious or not, it is smart to obtain information from all possible sides to cover your bases.
File an injured passenger claim after the car accident!
Just as the drivers will file car accident claims, you should file an injured passenger claim. Their insurance companies will duke it out to determine who is at fault in the car accident.
You can choose to file a passenger injury claim with only one insurance company if the fault is very apparent. However, if determining fault may not be as cut and dry, you can always file your passenger injury claim with all involved drivers’ insurance companies and allow them to decide who is responsible for your claim.
Hire an Attorney!
If the insurance companies are in dispute over who is at fault and neither company wants to claim responsibility for your injuries, a lawsuit may be your next option. Filing a lawsuit for additional damages may be the route you need to take to ensure you receive the proper compensation you deserve. However, even if you do not need to take your claim to court, hiring an attorney is always advisable.
A personal injury law firm with dedicated, compassionate and experienced attorneys, like Daniels & Scriven, P.C., will help guide you through every step of the process.
We have earned a reputation for aggressive advocacy and dedication to clients’ who have been injured or killed due to an auto or car accident. We fight for compensation to cover your expenses, including medical bills, and damages for your loss of income resulting from the accident.
Your welfare and best interests are our sole priority, whether we are negotiating a settlement or representing you in the courtroom.