Month: September 2017

Documents to Use As Evidence in A Personal Injury Case

Documents to Use As Evidence in A Personal Injury Case

If you want to recover compensation for your injuries, having the right evidence is key to building a convincing case. Begin gathering these documents as soon as possible so you can use them as evidence in a personal injury case:

Police Report

If a police report was filed, it’s important to get your hands on this document so you can use it as evidence in your claim. Police reports are common types of evidence in car accident cases, because one or more of the drivers involved will call 9-1-1 to request that a police officer comes to the scene. When he arrives, he will talk to witnesses and examine physical evidence before writing a report that identifies the liable party and explains the events leading up to the accident.

To request a police report, you can either contact the police department by phone or see if there is a way to request a report online.

Medical Records

Request a copy of your medical records so you can prove that you immediately sought treatment after the accident and the extent of your injuries. This is a crucial piece of evidence that can make or break your personal injury claim. If you don’t have all of your medical records, it will be nearly impossible to convince the insurance company that you deserve compensation for your injuries.

Journal Entries

It’s recommended that you begin to keep a daily journal immediately after you have sustained injuries. Everyday, write a brief entry that describes the symptoms you are experiencing, how you feel emotionally, and how the injuries have impacted your life. This is often introduced in personal injury cases to show the pain and suffering that the victim has had to endure as a result of her injuries.

Employer Statement

Some injuries are so severe that the victim is forced to take time off of work in order to recover from them. If this happened to you, it’s imperative that you request a statement from your employer that outlines the days you were absent from work. Providing this employer statement will help your attorney negotiate for compensation for your lost wages.

If you have been injured, contact a personal injury attorney as soon as possible. The personal injury attorneys at Reisch Law Firm will help you understand what documents you will need to provide to strengthen your case. Then, we will immediately begin negotiations with the insurance company. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

The Cost of Traumatic Brain Injuries

The Cost of Traumatic Brain Injuries

Traumatic brain injuries can take a toll on you mentally, emotionally, and physically. Unfortunately, these severe injuries can also take a toll on your finances. The cost of traumatic brain injuries (TBIs) can vary depending on the severity of the injuries and the treatment you need to recover. But, here’s a general look at some of the costs that are associated with treating TBIs:

Total Costs of TBIs in the United States

Medical experts estimate that every year in the United States, $48.3 billion is spent treating traumatic brain injuries. Almost two-thirds of this is due to hospitalization costs, while the other one-third is attributed to the cost of TBI fatalities. It’s not surprising to see how much TBIs cost the U.S. every year, given that these injuries are a contributing factor in 30% of all injury-related deaths. It’s important to note that this figure does not include costs associated with lost income or productivity, so the actual cost is probably much higher.

The Cost Per Victim

Now that you know how much TBIs cost the country every year, you may be wondering how much they can cost each individual who suffers one of these injuries. The exact cost will vary, but it’s estimated that the lifetime cost of a mild head injury is about $85,000. But, the costs increase as the injury becomes more serious. Victims who sustain moderate head injuries should expect to pay around $940,000, while those who have severe injuries should expect to pay upwards of $3 million.

Why are these injuries so expensive? Victims may require emergency surgery immediately after sustaining a brain injury. They also may spend days, weeks, or even months in a hospital until a doctor decides their condition has improved enough to warrant a release. Victims may require months of physical therapy, rehabilitation, and mental health counseling after a TBI to help them live independently and cope with the changes.

Even after victims finish treatment, they may be unable to return to work or forced to find another job if they can no longer perform the duties of their existing one.

Based on these estimations, it’s clear that brain injury victims will need to work with an attorney who can recover as much compensation for them as possible. If you make the mistake of accepting a settlement offer before speaking to an attorney, you could end up paying for a lot of your medical expenses, which is a huge financial burden to bear.

If you have sustained a traumatic brain injury, seek legal representation as soon as possible. Contact the personal injury attorneys at Reisch Law Firm today to learn how we can maximize the amount of compensation you are able to recover. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

What You Should Know About Habitual Offender Laws in Colorado

What You Should Know About Habitual Offender Laws in Colorado

There are a number of factors that could lead to harsher penalties for defendants, including whether or not the defendant is labeled a habitual offender. What are the habitual offender laws in Colorado? How could these laws impact your case? Here’s everything you need to know:

What is a habitual offender?

In the state of Colorado, a habitual offender is someone who has a record with multiple criminal convictions. People with multiple misdemeanor convictions will not be labeled as habitual offenders, however if you have three felony convictions on your record, you will be a habitual offender in the eyes of the law.

The law was originally established to deter those who had been convicted of committing other crimes once they were released back into the community. However, it has been criticized for being too harsh on repeat offenders.

What penalties will habitual offenders face?

The law allows the court to punish habitual offenders more severely than first-time offenders. If you have been convicted of two felonies within the last 10 years, and you are then convicted of a third felony, this means you are now a habitual offender. The consequences you face will depend on the crime that you have been convicted of committing. As a habitual offender, you could face up to three times the maximum sentence for the crime that you have committed. For instance, let’s say the crime you committed typically has a maximum sentence of 2 years behind bars. Because you are a habitual offender with three felony convictions, the maximum sentence you could face is 6 years.

If you are convicted for a fourth time, the possible penalties are enhanced even further. Fourth-time felony offenders may receive up to four times the maximum sentence. Using the previous example, this means the fourth-time offender would face a possible sentence of up to 8 years in jail.

The penalties increase again if you are convicted for a fifth time. If a habitual offender with four prior felony convictions on his record is convicted of committing a violent felony, he will face a mandatory life sentence without the possibility of parole for a minimum of 40 years.

If you have been charged with a felony, even if it is your first brush with the law, it’s imperative to seek legal representation as soon as possible. Contact the criminal defense attorneys at Reisch Law Firm today. We will fight tirelessly to protect your rights and defend you against the charges that have been filed. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

Can Gaps in Medical Treatment Affect Your Personal Injury Case?

Can Gaps in Medical Treatment Affect Your Personal Injury Case?

Personal injury attorneys often warn their clients that compensation is never a guarantee because there are so many factors that could affect the outcome of your case. One of these factors is gaps in medical treatment after an accident. How will this affect your case? Here’s what you need to know:

Types of Gaps in Medical Treatment

There are two types of gaps that the insurance company may use against you. The first is a gap between the time that you were injured and the first time you received medical treatment. In this situation, the insurance company may argue that your injuries were not sustained in the accident, because if they were, you wouldn’t have waited so long to get treatment.

The second type of gap in medical treatment is the time between your first and second visit to a doctor. This could affect your ability to recover compensation in some cases. For example, let’s say you visit a doctor immediately after the accident and are told to come back for a follow-up visit in one week. If you wait two months to return to the doctor, this is a huge gap in your treatment. The insurance company will have access to your medical records, so they will see that the doctor requested a follow-up visit in one week, but you chose to wait a month. This shows the insurance adjuster that you did not follow doctor’s orders, which means you could have made your injuries worse because you failed to do what you were supposed to do.

Provide Explanations For Gaps

To prevent these gaps from lowering the amount of compensation you are able to recover, it’s important to provide explanations for any gaps in your medical treatment. For instance, if there was a death in your immediate family, let the insurance company know that this is why you had to push back your follow-up appointment with the doctor. If you went to get a second opinion after your first visit with your doctor, make sure you provide these records as well so the insurance company sees that you were still seeking treatment elsewhere during the gap between the first and second visit. If you don’t have an explanation for any gaps in your treatment, the insurance adjuster will most likely point these gaps out during negotiation process.

Insurance companies will use any excuse they can find to lower the value of your claim, but the personal injury attorneys at Reisch Law Firm won’t allow this to happen. Contact our attorneys today if you have been injured due to the negligent acts of another person. Schedule a free consultation by calling 303-291-0555 or filling out this online form.

How to Calculate Long-Term Expenses in a Personal Injury Claim

How to Calculate Long-Term Expenses in a Personal Injury Claim

Some injuries are minor, so they will heal within a matter of days or weeks. But unfortunately, many injuries that personal injury victims sustain are far more serious. Some victims may not see a significant improvement for months or even years after the accident. Others may never see any type of improvement. If you have sustained an injury that will continue to affect you in the future, it’s imperative that you add in the cost of long-term expenses and lost wages when calculating the value of your claim. How can you calculate long-term expenses in a personal injury claim? Follow these tips:

Talk to your doctor.

A good place to start when calculating these expenses is with your doctor. Talk to him about what the future looks like for you. How long will you need to attend rehabilitation? Will you need any other treatments? Is it possible that you could suffer a setback in your recover and need additional treatment? Will you be able to return to work? Ask your doctor to provide you with a written statement that covers these topics. Not only will this help you calculate your long-term expenses, but the statement can also be provided to the insurance company and used as proof of your future expenses.

Calculate recurring expenses.

Some expenses may be recurring, so you should look at how much you’re currently paying, then figure out how long you will be paying these expenses. For example, if you have to take prescription medication as a result of your injuries, figure out how many refills you will need of the medicine, and then calculate that number by the cost of one month’s supply.

Figure out your lost wages.

It’s possible that your injuries will affect your ability to work, so you will need to calculate how much income you will lose in the future. Let’s say you have had to find a new job that does not require physical labor because you could no longer perform the duties of your old job. This new job pays you $3 less per hour than your old job, so you are losing $3 every working hour because of your injuries. In this case, you should work with an attorney to determine how many years you would have spent in your old job if you had not been injured. Then, you can calculate exactly how much income you have lost because of your injuries.

Calculating long-term expenses in a personal injury claim can be challenging, so don’t attempt to do it without the help of an attorney. If you have been injured, contact Reisch Law Firm at once. We will immediately begin to gather evidence related to your injuries so we can accurately calculate the value of your claim. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Common Settlement Tactics Used by Insurance Adjusters

Common Settlement Tactics Used by Insurance Adjusters

If you are a personal injury victim, at some point you will probably have to deal with an insurance adjuster from the at-fault party’s insurance company. An insurance adjuster is responsible for gathering evidence related to the incident, calculating the value of your claim, and negotiating a settlement with you. Unfortunately, insurance adjusters do not have your best interests in mind. Their goal is to get you to settle for as little as possible so they can save the company money. Here are some of the common settlement tactics used by insurance adjusters to accomplish this goal:

Recorded Statement

The insurance adjuster may contact you and ask you to make a recorded statement regarding the incident that led to your injuries. This may seem like a harmless request, but it’s not. If you agree to make a statement, anything that you say could be twisted around and used against you. Even something as minor as saying “I’m fine” when the insurance adjuster asks “How are you?” could be used as evidence that you are not really injured. Do not answer any questions or speak about your injuries until you have talked to an attorney.

Delaying the Settlement

Insurance adjusters are also known to delay the settlement by requesting information that they do not need in order to make an offer. By delaying the resolution of the case, the insurance adjuster hopes that you will become fed up with waiting and agree to accept a settlement that is lower than what you deserve.

Medical Authorization Forms

At some point, the insurance adjuster may ask you to sign a medical authorization form so he can obtain your medical records related to the accident. What he may forget to tell you is that by signing this form, you give the insurance adjuster access to all of your medical records, not just those that are associated with the accident. The insurance adjuster will use immediately begin looking for evidence that you had a pre-existing condition that limits the amount of compensation you are able to recover. Keep your medical history private—don’t sign anything without speaking to an attorney.

Be Nice

You may be surprised at how friendly the insurance adjuster is towards you, especially if you’ve been warned about negotiating with an insurance company. But, this is all an act. The insurance adjuster will continue to be nice to you so you don’t feel threatened enough to hire an attorney.

Don’t let these settlement tactics affect the outcome of your personal injury claim. If you have been injured, contact Reisch Law Firm at once. Our attorneys will communicate with the insurance company on your behalf so the insurance adjuster does not have the opportunity to use these tactics on you. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How to Prove Soft Tissue Injuries

How to Prove Soft Tissue Injuries

Personal injury plaintiffs must be able to prove they sustained injuries due to the defendant’s negligence. But, some injuries are more difficult to prove than others. Soft tissue injuries can be incredibly painful, but because they aren’t visible like a broken bone or open wound, they can also be harder to prove. This doesn’t mean it’s impossible to recover compensation for soft tissue injuries, but it may be more difficult. Here’s how to prove soft tissue injuries in a personal injury claim:

Medical Records

You will need to be able to provide proof in the form of medical records if you have suffered soft tissue injuries. Make sure that you go to reputable doctors instead of those that practice alternative medicine. You can provide records from your chiropractor, but these should only be used to support the records you have from a physician. The medical records will show that you have been diagnosed and treated for a soft tissue injury, which will help you recover the compensation that you deserve.

Expert Witnesses

Sometimes, an attorney may recommend hiring an expert witness who specializes in soft tissue damage. The expert witness can testify during your trial to provide more information on the extent of your injuries and the effect the injuries have had on the quality of your life. Expert witnesses can also be used to prove when the injuries actually occurred. This is important in cases where the insurance company is questioning whether you sustained the soft tissue injuries prior to the accident.

Prepare for Testimony

If your case goes to trial, the jury will get to decide whether they believe you have soft tissue injuries or not. Some jury members will take their opinion of you into consideration when deciding what they believe, which is why it’s important to make a good impression on the jury. Talk to your attorney before your trial begins so you can prepare to testify. If you’re not comfortable speaking in front of a large group of people, the jury may interpret your nervousness as dishonesty. Work with your attorney to learn how you can get the jury to understand that you are telling the truth about your injuries.

Proving soft tissue injuries may be challenging, but it’s not impossible with the help of an experienced personal injury attorney. Contact Reisch Law Firm today so we can begin building a convincing case to help you recover the compensation you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Who is Liable For Nursing Home Injuries?

Who is Liable For Nursing Home Injuries?

It’s estimated that around 10% of nursing home residents endure some form of abuse or neglect every year. Nursing home residents can suffer severe emotional and physical injuries as a result of abuse and neglect, and in some cases, these injuries can be fatal. If you suspect that your loved one is being mistreated in a nursing, the first thing you should do is contact an attorney. Your attorney will immediately begin to investigate the case to determine who is liable for the nursing home injuries. Here are some of the parties that could be responsible:

Nursing Home

Nursing home residents are supposed to be provided and cared for by the nursing home facility, so when they are abused or neglected, the facility is often held liable. For example, the nursing home can be liable if the abuse or neglect occurred because the nursing home failed to perform background checks or properly train new employees. The facility is also liable if the abuse or neglect could have been prevented if the employees and residents had been properly monitored.

These are just a few of the many circumstances under which a nursing home can be held liable. In general, any time the abuse or neglect occurred at the hands of a nursing home employee, the facility will be liable.

Visitors

It’s possible that someone who comes to the facility to visit your loved one or another resident is responsible for the abuse. For instance, if someone is visiting your loved one and stealing blank checks from her, this is financial abuse. If you find out that a visitor who is not associated with the nursing home is abusing your loved one, this person can be liable for your loved one’s injuries. The nursing home may also be held liable for not providing adequate security.

Medical Staff

Nursing homes typically have contracts with local doctors who visit the facility on a regular basis to care for residents. It’s possible that these third party healthcare providers are responsible for your loved one’s injuries. Depending on the situation, you may have a nursing home abuse or medical malpractice claim. It’s best to consult with an attorney to discuss your legal options.

If you believe your loved one is being abused or neglected in a nursing home, it’s important to act quickly. Contact Reisch Law Firm today so we can begin the process of finding a new home for your loved one and seeking justice against those who have harmed him or her. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Most Common Cybercrimes

Most Common Cybercrimes

The term cybercrime is used to describe any crime that is committed with a computer. As technology continues to advance, the types of cybercrimes that are committed will become more complex as well. But for now, these are some of the most common cybercrimes in the United States:

Online Harassment

People often say things online that they would never say in real life. But, there are consequences for harassing someone online just as there are consequences for doing so offline. You may be charged with harassment if you repeatedly insult, taunt, cyberbully, or threaten a person using any kind of electronic device. The harassment does not need to be direct in order to be a crime. For example, if you are continuously posting threats to harm a specific individual on Twitter, this could be considered harassment even though you are not directly messaging the person to threaten him or her.

Identity Theft

Identity theft has been one of the most common cybercrimes since the birth of the Internet. This crime is committed when someone knowingly uses another person’s information in order to obtain something of value. Identity theft can take place on or offline, but the vast majority of cases are cybercrime. Many criminals use email phishing techniques to illegally obtain someone’s personal information such as credit card numbers or a Social Security number. The criminal can then use this information to obtain something of value. For example, he can use the credit card numbers to buy things for himself or use the Social Security number to open a new credit card in the victim’s name.

Tax Refund Fraud

This crime may not get as much attention as other crimes on the list, but it is one of the most common cybercrimes. Tax refund fraud can also occur online or offline, but most criminals prefer committing this crime online so they don’t leave a paper trail. Tax refund fraud takes place when someone illegally obtains a person’s information, preferably someone who will not be filing a tax return, and then creates a tax document with made up information. The document is then submitted to the IRS electronically, and the criminal is issued a tax refund. How big of a problem is tax refund fraud? As of March 5, 2016, the IRS reported that over $200 million was claimed in fraudulent returns for the tax season. The agency also announced that they had prevented the issuance of another $180 million in fraudulent returns.

Have you been charged with a cybercrime? If so, contact Reisch Law Firm today. Cybercrimes are aggressively prosecuted, so you will need an experienced criminal defense attorney who will relentlessly seek justice on your behalf. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Are the Most Common Causes of Wrongful Death?

What Are the Most Common Causes of Wrongful Death?

A wrongful death claim is a civil lawsuit that is filed by the family members of someone who was killed by the negligent acts of another person. There are a number of different ways that a wrongful death can occur, but some are more common than others. Here are the most common causes of wrongful death:

Traffic Accidents

Accidents involving cars, trucks, motorcycles, bicycles, and pedestrians are one of the leading causes of wrongful deaths. Innocent people are killed in traffic accidents caused by distracted, intoxicated, or reckless drivers far too often. Pedestrian, bicycle, and motorcycle accidents are typically the most dangerous since these individuals do not have airbags or seatbelts to protect them from harm.

Medical Malpractice

If a doctor fails to provide the appropriate level of care to a patient and the patient is injured or killed as a result, this is medical malpractice. Medical malpractice can take many different forms, including misdiagnosis, prescription errors, and surgical errors. Some patients may not suffer any harm from these medical mistakes, while others will suffer fatal injuries.

Workplace Accidents

Every job carries some level of risk, but certain jobs are much more dangerous than others. For instance, those who work in the construction industry must handle heavy equipment, work from great heights, and use dangerous tools on a regular basis. Sadly, the construction industry is among the most dangerous. In fact, the Occupational Safety and Health Administration (OSHA) reported that 21.4% of all worker fatalities in the private industry in 2015 were in construction. In some cases, the victim’s family members may be able to file a wrongful death lawsuit in addition to recovering workers’ compensation death benefits.

Defective Products

Product designers, manufacturers, and retailers should never produce or sell products that are defective. But sometimes, these parties are unaware of a product defect until it has seriously harmed or killed someone. Some examples of defective products that have killed innocent customers in the past include furniture that easily tipped over, airbags that didn’t deploy during a collision, and asbestos building materials. In the event that your loved one is killed by a defective product, you may be able to recover compensation from the party responsible for the defect.

Have you lost a loved one due to the negligent acts of another person? Don’t wait any longer—contact Reisch Law Firm today. Our experienced attorneys can help you seek justice against the party that is responsible for your loved one’s death. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.