Archive for
March, 2006
Published
March 23rd, 2006
in
Bodily Injuries |
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This blog is provided by http://www.SpringsAttorney.com the moderator is Attorney Edward A. (”Ted”) Bills, a personal/bodily injury attorney with offices in Colorado Springs, CO 80906. If you would like to talk with Attorney Bills, please call 719.444.1000.
Bodily injuries happen every day. They are unexpected and are often caused by the carelessness or recklessness of someone else. These injuries often cost the innocent party medical treatment expenses, medical bills, lost wages and other forms of monetary loss.
Not only does the injured part suffer pain, they will likely have to do business with some of the largest and most powerful corporations in the United States - insurance companies.
Insurance companies have lots of lawyers, claims adjusters, claims investigators, accountants, lobbyists and executives at their disposal and they all are dedicated to a single purpose, reducing payouts and increase profits. That is the American way.
Insurance companies not only collect premiums but they try to limit claims paid - can’t fault them for that since they are not charitable organizations. Yet, when faced with such facts, it is not unreasonable to need advice when dealing with an insurance company. Attorneys who help in these situations are called personal injury lawyers.
If you have suffered an injury as a result of the carelessness of another and have suffered an economic loss, you, like the insurance industry, should have the benefit of someone who knows this area of law and will work to protect your legal rights.
Personal injury law attempts to cover all areas and types of injuries suffered by individuals. The most common areas are as follows: automobile or other vehicle related accidents, premise liability, medical malpractice, product liability, workers’ compensation, and assault and battery.
Each individual state has its own laws that apply, therefore, some of the information contained within this article may not be valid. If you have a Bodily or Personal Injury issue, it is critical that you talk with an Attorney licensed to practice law within your state.
This article is not intended to cover the specific law applicable in each state but rather to provide a basic understanding of the general principles relating to Personal Injury - Bodily Injury Law.
Since I practice law only within the state of Colorado, I can provide specific advice or information as to that state only, upon inquiry. I cannot offer legal advise as to other state law but will, when possible, provide referrals to competent attorneys in other states.
Typical Bodily or Personal Injury issues are a result of:
Automobile accidents. Automobile acciendents are by far the most common form of injuries sustained by individuals. Since most, if not all states require automobile insurance coverage upon registration of the automobile, these cases almost always present the issue of having to deal with an insurance company. Here are some of the elements of the typical Automobile Insurance Policy:
- Collision usually is used for claims to the property damage to your auto, regardless of fault. It is generally optional coverage. When you purchase collision insurance be certain to include a provision for the rental of a replacement auto to operate while your auto is being repaired.
- Comprehensive usually applies to theft, fire, vandalism and the like. It is also usually optional coverage.
- Liability is what insures you personally for any bodily injuries or property damage you may cause to another when the accident is your fault. This insurance is mandatory in almost all states. Most states have minimum amounts which must be carried for liability insurance, however these limits are generally quite low. Therefore, it is possible, if not likely, to be injured by someone with limited insurance and to have your potential for recovery, at least from the responsible party’s insurance coverage, limited to the amount of the their insurance. The only certain way to protect yourself and family members from this type situation is to carry adequate coverage for uninsured and underinsured motorists on your own policy.Almost every state requires that, as part of your auto insurance policy, you are offered the opportunity to purchase uninsured and underinsured coverage. This type of insurance pays your claim when the party at fault has no auto insurance (uninsured) or does not have enough insurance to properly cover your bodily injury claims and expenses (under-insurance).
I strongly advise you to consult your local attorney regarding this issue and adjust this portion of your policy accordingly.
Premise accidents. As the name implies, this type of injury occurs on a premises. It can cover a wide variety of circumstances such as: slip and fall injuries due to improper maintenance or faulty construction, dog bites, assaults which take place on property, etc. The key element to a claim here is notice of the defect or circumstance to the owner or operator before the injury occurs.
Product liability is an extremely wide area of law and covers everything from minor food poisoning cases to airplane disasters. If any manufactured product causes an injury it may give rise to a claim. Each state has different laws with respect to product liability and this is another good reason to consult a local attorney, or contact this office for a reference.
Medical malpractice is truly a specialized field within the area of personal injury law. Claims generally involve claims against doctors, dentists and other health care providers who cause an injury to an individual due to the exercise of treatment or advise which falls below the normal or accepted level of care for that particular field of professional expertise.
In conclusion, the very first step in any legal matter is to consult with an attorney who has extensive expertise and experience in the issue you are concerned about.
Edward A. (”Ted”) Bills is licensed to practice law in the state of Colorado and the United States District Court for the State of Colorado and offers a FREE initial consultation to El Paso, Teller, and Pueblo County residents or those with cases that will take place in these counties. During this initial consultation, he will determine the extent of your issues and provide you with a cost estimate for his services as well as an analysis of the potential success of your claim, without any obligation whatsoever. He accepts most Personal Injury, Bodily Injury, and Workers’ Compensation cases on a contingency basis where he does not get paid unless your case is successfully settled.
Edward (”Ted”) Bills, The Lawyer Who Cares
Published
March 23rd, 2006
in
Work Injury Issues |
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This blog is provided by http://www.SpringsAttorney.com the moderator is Attorney Edward A. (”Ted”) Bills, a personal/bodily injury attorney with offices in Colorado Springs, CO 80906. If you would like to talk with Attorney Bills, please call 719.444.1000.
Do you have a work-related or job-related claim?
As a Personal Injury Attorney practicing in Colorado Springs, Colorado, I help people with workers’ compensation insurance issues.
In most states, any industrial, construction, or other work-related injuries that occurs while a worker is on the job should be handled as workers’ compensation claims. Generally you can not sue your employer for negligence, but there may be a third party that you can pursue such as the maker of faulty machinery or the owner of property.
Work injuries can be the result of:
- Accidents (e.g. falling off a roof).
- Repetitive trauma (e.g. typing or heavy lifting).
- Occupational exposure (e.g. inhaling fumes at a manufacturing plant).
Each state has different workers’ compensation laws, so it is important to speak with an attorney who knows about workers compensation insurance claims in your state.
Employees have the right to claim workers’ compensation benefits, just as they have the right to other benefits like health insurance or unemployment.
If you are injured at work, you should immediately seek medical treatment and advise your doctor that you were injured on the job.
Edward Bills, “The Lawyer Who Cares”
Published
March 23rd, 2006
in
Slip and Fall Issues |
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This blog is provided by http://www.SpringsAttorney.com the moderator is Attorney Edward A. (”Ted”) Bills, a personal/bodily injury attorney with offices in Colorado Springs, CO 80906. If you would like to talk with Attorney Bills, please call 719.444.1000.
Accidents happen when you least expect them. That is why they are called accidents.
But when an accident leads to an injury, particularly to an injury that is devastating and debilitating then there may be a legal cause of action under the general topic of ‘Slip and Fall Injuries.’
If you have been injured in a slip and fall or some other type of accident and if you have a permanent injury as a result, then the question becomes: ”Was the accident due to the fault or negligence of someone other than you?”
If you can answer this question with a resounding “Yes,” then you need to be talking with a law firm to see if they can help you get compensation for your losses.
The Law Firm of Edward (”Ted”) Bills handles many types of personal injury cases.
Since the initial consultation - or getting to know each other session - is FREE, you should always call just to be certain that your rights are protected.
Edward Bills, “The Lawyer Who Cares”
Published
March 23rd, 2006
in
Legal Fee Issues |
No Comments »
This blog is provided by http://www.SpringsAttorney.com the moderator is Attorney Edward A. (”Ted”) Bills, a personal/bodily injury attorney with offices in Colorado Springs, CO 80906. If you would like to talk with Attorney Bills, please call 719.444.1000.
There is a recent Colorado Supreme Court decision, Crowe v. Tull, 126 P.3d 196 (Col. 2006), where the Court held that Colorado’s Consumer Protection Act applies to lawyer advertising. The case is summarized as follows:
“Plaintiff Richard Crowe filed an action under the Colorado Consumer Protection Act (CCPA) against his former attorneys, Mar Tull and the firm of Azar & Associates, who settled his car accident personal injury claim.
He alleged that the attorneys had fraudulently claimed through a statewide program of television advertisements that the firm was highly skilled at negotiating with insurance companies and that the firm would obtain full value for its clients’ injuries.
According to the Colorado Supreme Court, the ads claimed that the lawyers “will always ‘obtain as much as we can, as fast as we can’” while another ad portrayed the firm’s presidnet as the strong arm who musceles infurance adjusters into paying up.
Crowe alleged that he had retained these lawyers on the basis of their ads but that he was ultimately pressured into settling his $17,000 medical specials and $8,000 wage loss claim for only $4,000 due to the defendants ineptitute. “The Trial court held that Crowe’s CCPA claim duplicated his legal malpractice claim and that the practice of law as not a commercial activity governed by the CCPA. On appeal, the Colorado Supreme Court reinstated the CCPA claim.
“The Colorado Supreme Court held that the CCPA was intended to apply to all deceptive marketing practices and fraudulent advertising without regard to the defendant’s occupation. It declined to adopt the decision of the Washington Supreme Court to the effect that the comparable Washington statute could only apply to the so-called entrepreneurial aspects of legal practice. The Colorado Supreme Court held that the CCPA does not create liability for those who intend to live up to the pronouncements of their advertisement, but innocently or negligently fail to conform their conduct to their words. The court stated that on the record before it “there was sufficient evidence from which a fact finder could conclude that the defendant knowingly engaged in deceptice trade practices.”
Edward Bills, “The Lawyer Who Cares”
Published
March 23rd, 2006
in
Automobile Accidents |
No Comments »
This blog is provided by http://www.SpringsAttorney.com the moderator is Attorney Edward A. (”Ted”) Bills, a personal/bodily injury attorney with offices in Colorado Springs, CO 80906. If you would like to talk with Attorney Bills, please call 719.444.1000.
According to the Colorado Springs Gazette, police announced 2005’s most dangerous intersection and the intersection of Academy and Fountain topped the department’s list.
Statistics show that there were 38 accidents at Academy and Fountain, and 31 people were hurt in the 20 crashes involving injuries.
So, if you must cross this intersection, do so with the greatest of care.
Edward Bills, “The Lawyer Who Cares”
Published
March 23rd, 2006
in
Legal Fee Issues |
No Comments »
This blog is provided by http://www.SpringsAttorney.com the moderator is Attorney Edward A. (”Ted”) Bills, a personal/bodily injury attorney with offices in Colorado Springs, CO 80906. If you would like to talk with Attorney Bills, please call 719.444.1000.
Attorney Edward (”Ted”) Bills, like many attorneys, offers a variety of fee arrangements and it is always wise to discuss fee alternatives with an attorney before you hire him or her as your counsel. Generally the type of fee arrangement is dependent upon the type of case.
Most of the alternative fee arrangements generally require the client to advance or pay for related case costs. Just like you would want an estimate from your auto mechanic for repairs, you should ask for and receive at least a range of what it is going to cost for your legal services and some reasonable definition of the scope of the assignment – so that you are not overwhelmed when the bill comes or surprised when something comes up that is “outside of the scope.” Nobody likes surprises.
Here is a list of some of the more common types of Fee Arrangements offered by Attorneys: Flat Fee – when you need to know exactly what it is going to cost you to have an attorney represent you in a matter.
- This method is generally used for traffic violation cases or other cases where there is a single service to be performed by the Attorney.
- You always know exactly what it is going to cost for your professional services.
Contingency Fee – 100% of the Attorney’s Fee is based on a successful outcome of the matter.
- This method is generally used for Personal Injury, Bodily Injury, Worker’ Compensation, Slip and Fall, and similar legal matters.
- There are certain cases where a Contingency Fee is not permitted by ethics rules so please discuss this with the attorneys you interview.
Blended Fee – a combination of a Flat Fee (for certain deliverables) and a Contingency Fee (based on a successful outcome). Budget Fee – where you need to budget your costs over a period of time.
- This method is generally used in Criminal, Family Law (Divorce) matters
- Often there are provision if the budget is exceeded.
Hourly Fee – where you are charged for the time spent on you case by the attorney and support staff.
- This is the most common Fee Arrangement used by Attorneys.
- You need to trust your Attorney to bill you for only the exact time spent on your matter (often calculated in 1/10th hour increments).
- The bill rate for Attorney Edward (“Ted”) Bills is currently $175 per hour with his administrative staff billing at the rate of $75 per hour.
Pro Bono – where the Attorney works without charge to the client.
- Occasionally Attorneys will take a case without charge to the client.
- Every Attorney is expected to accept some Pro Bono work from time to time.
- Even in Pro Bono cases, Attorneys generally charge the client for expenses paid by the Attorney on behalf of the client.
Edward Bills, “The Attorney Who Cares”
Published
March 23rd, 2006
in
Of General Interest |
No Comments »
-
The lawyer must have extensive experience in a certain area of law as well as a proven track record of success in that area; and
-
The lawyer must not take a case that is frivolous or a case that would be a waste of the client’s money; and
- The lawyer must make a commitment to see the matter to its conclusion; and
-
The lawyer must have a good reputation within the legal community; and
-
The lawyer must be more than just honest and ethical - he or she must have a clear understanding that no case is valuable enough to justify a violation of the law or a violation of ethical rules; and
-
The lawyer must have excellent communication skills including written correspondence in simple English, returning all telephone calls, and seeing that the client knows of all developments and all settlement offers relating to the matter; and
-
The lawyer must be able to clearly explain the law to the client and help the client make informed decisions based on all of the possible outcomes or alternatives regarding the matter; and
-
The lawyer must treat each and every client with respect and as an equal partner; and
-
The lawyer must make decisions that are in the best interest of the client, not based on what is easier or more convenient.
This blog is provided by http://www.SpringsAttorney.com the moderator is Attorney Edward A. (”Ted”) Bills, a personal/bodily injury attorney with offices in Colorado Springs, CO 80906. If you would like to talk with Attorney Bills, please call 719.444.1000.
Edward Bills, “The Lawyer Who Cares”
Published
March 22nd, 2006
in
Uncategorized |
1 Comment »
This blog is provided by http://www.SpringsAttorney.com the moderator is Attorney Edward A. (”Ted”) Bills, a personal/bodily injury attorney with offices in Colorado Springs, CO 80906. If you would like to talk with Attorney Bills, please call 719.444.1000.
I am pleased to add my name to those that will be honoring the leadership and mentorship of Mr. Robert L. Russel who served El Paso County and the city of Colorado Springs, Colorado for more than 20 years as its District Attorney.
Mr. Russel has been my personal mentor, a wise and faithful teacher, guide and friend, someone who has left a lasting imprint on generations of attorneys and the community of Colorado Springs.
Another little known fact: Mr. Russel with the first to prosecute Ted Bundy before he excaped from the custody of the police in Glenwood Springs, Colorado.
The Board of County Commissioners will dedicate the Robert L. Russel Professional Building, located at 105 East Vermijo Avenue, and current home of the Office of the District Attorney for El Paso County, on Thursday, March 29th, 2006, at 10:00 a.m.
I am pleased that my friend and mentor will be so honored and am delighted to add my name to those honoring the contributions of this gentleman.
Edward Bills, “The Lawyer Who Cares”
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