Month: April 2018

When Are Personal Injury Victims Compensated For Lost Earning Capacity?

When Are Personal Injury Victims Compensated For Lost Earning Capacity?

If you have been injured by the negligent acts of another person, you have the right to file a personal injury claim in order to recover compensation from the responsible party. Victims may be able to recover compensation for any losses or expenses they have incurred as a result of their injuries. One type of loss that victims may be compensated for is known as “lost earning capacity.” What is this loss? When are personal injury victims compensated for lost earning capacity? Here’s what you should know:

What is Lost Earning Capacity?

Lost earning capacity is a term used to describe a personal injury victim’s diminished ability to earn an income. Although similar, it is not the same as lost wages. The term lost wages refers to actual losses that have already occurred, whereas lost earning capacity refers to the victim’s expected ability to earn an income in the future.

When is Compensation Awarded For Lost Earning Capacity?

Sometimes, an injury can affect a victim’s ability to work. When an injury limits the victim’s ability to earn income in the future, the defendant should compensate the victim for this loss.

For example, let’s say a car accident victim suffers a serious shoulder injury. Because of this injury, the victim can no longer lift boxes that weigh more than 20 lbs. However, the victim works in a warehouse, so being able to lift heavy boxes is one of his job requirements. Since he can no longer perform this work, he finds another job that he is physically capable of doing. This job pays less than his other job, which means he is earning less income as a result of his injuries. Therefore, the defendant should compensate him since his injuries have affected his ability to earn income.

How Much Compensation is Awarded?

Calculating compensation for the victim’s lost earning capacity can be difficult. A number of factors need to be taken into consideration, including how many working years the victim has left and a forecast of the income the victim could have made if he was never injured. It’s important to also factor in bonuses, raises, and promotions the victim could have made when calculating lost earning capacity. Because so many factors are involved in the calculation, the amount of compensation that is awarded to personal injury victims for their lost earning capacity can vary greatly.

If you have been injured, seek legal representation from the personal injury attorneys at Reisch Law Firm immediately. We have years of experience helping victims recover compensation for their medical expenses, lost wages, lost earning capacity, and pain and suffering. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Avoid These Common DUI Mistakes

Avoid These Common DUI Mistakes

No one ever plans on being arrested for DUI, so many people aren’t prepared when it happens to them. Unfortunately, not being prepared can often lead these individuals to make mistakes that could affect the outcome of their case. Here are some of the most common DUI mistakes that all defendants should avoid:

Talking Too Much

Many DUI defendants panic and try to talk their way out of an arrest by apologizing to the police officer or explaining that they only had one drink. Don’t make this mistake. You have a right to remain silent—so use it! It’s important to realize that it is not possible to justify your decisions or talk your way out of being arrested for DUI. Stay quiet so you don’t say anything that can be used to prove your guilt later on.

Assuming Guilt

Most DUI defendants assume that if their blood or breath test results reveal they are intoxicated, they will automatically be convicted. But, this is not the case. Every defendant is presumed innocent until the prosecution is able to prove otherwise. There are a number of strategies that criminal defense attorneys use to defend their clients against these charges. Therefore, never plead guilty or admit that you are intoxicated simply because you feel it is your only choice.

Driving With A Suspended License

It can be incredibly inconvenient to have your license suspended. Not being able to drive makes it difficult to live your life, which is why many DUI defendants are tempted to get behind the wheel even though their license has been suspended. But, it’s best to resist this temptation. Driving with a suspended license can lead to additional penalties. Plus, this could be used in court to prove that you do not respect the law.

Not Hiring An Attorney

Every DUI defendant should be represented by an experienced criminal defense attorney. A DUI conviction can negatively impact your life in many ways, so you should do everything in your power to prove your innocence. Let an attorney protect your rights and fight to reach the best possible outcome in your case.

Have you been charged with DUI? The criminal defense attorneys at Reisch Law Firm are here to help. We will work tirelessly to poke holes in the prosecution’s case and fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Common Myths About Spinal Cord Injuries

Common Myths About Spinal Cord Injuries

It’s important for spinal cord injury victims and their families to learn about these devastating injuries so they can make educated decisions about their healthcare and their future. However, there are a lot of misinformation about spinal cord injuries out there on the internet that can be misleading. Learn the truth behind these common myths about spinal cord injuries:

Myth: People With Spinal Cord Injuries Cannot Work

Spinal cord injury victims typically have to take time off of work to recover. However, many spinal cord injury victims are able to return to work within a year or two. Some of these victims return to the same job they held prior to sustaining the injury, while others find one that is less strenuous. It’s true that some spinal cord injury victims can never return to work, but this is not true of all victims.

Myth: Victims Do Not Lose Sensation or Motor Function Unless the Spinal Cord is Severed

Many people believe that victims only experience loss of sensation or motor function when the spinal cord has been completely severed. But, this is not the case. Any time the spinal cord is damaged, even if it is not completely severed, the victim may experience a change in their ability to feel or control the movement of certain parts of their body.

Myth: Most Spinal Cord Injury Victims Are Seniors

Falls are one of the leading causes of spinal cord injuries. Because seniors are known for being unsteady on their feet, people often assume that most spinal cord injury victims are elderly. However, the World Health Organization reports that males are most at risk of sustaining a spinal cord injury between the ages of 20 and 29. Females, on the other hand, are most at risk during their teenage years.

Myth: Doctors Can Predict How Spinal Cord Injuries Will Progress

Spinal cord injuries are unpredictable. Because of this, it can be difficult for doctors to predict what the victim’s life will be like in the future. Many victims will see a vast improvement in their condition after finishing rehabilitation. However, some spinal cord injury victims will never see a significant improvement. Spinal cord injury victims must take it one day at a time since it is impossible to predict how their injuries will progress.

Spinal cord injuries cause a great deal of pain and suffering. If you have sustained a spinal cord injury due to another person’s negligence, seek legal representation from the personal injury attorneys at Reisch Law Firm at once. Focus on your recovery while our attorneys fight for the compensation that you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Marijuana Concentrate Laws in Colorado

Marijuana Concentrate Laws in Colorado

There are many different ways to consume marijuana. Some users prefer smoking marijuana, while others prefer using marijuana concentrates instead. If you are part of the latter group, it’s important to understand the laws that apply to the possession and consumption of marijuana concentrates. Here’s an overview of the marijuana concentrate laws in Colorado:

Sales of Marijuana Concentrates

The laws in Colorado can vary based on the type of marijuana. For example, it is legal to buy up to one ounce of marijuana flowers for recreational use. However, the legal limit for recreational sales of marijuana concentrates is 8 grams. This is because concentrates have much higher levels of THC than marijuana flowers. The Marijuana Enforcement Division (MED) found that the level of THC found in 8 grams of concentrates is the same as the level of THC found in one ounce of marijuana flowers. These laws were established to put a limit on the amount of THC that each customer is allowed to purchase at once.

Possession of Marijuana Concentrates

Even though the recreational sales laws vary, the possession laws are the same for both marijuana flowers and concentrates. This means anyone who is over the age of 21 is allowed to have up to 28 grams, or one ounce, of marijuana concentrates in their possession. Having more than one ounce of concentrates in your possession could lead to criminal charges that carry serious penalties.

Consuming Marijuana Concentrates

Many people prefer consuming concentrates because it is often much more discreet than smoking marijuana flowers. But, it’s important to note that it is illegal to use marijuana concentrates in public places even if it is consumed discreetly. It is perfectly legal to consume marijuana concentrates on private property as long as the property owner approves.

Selling Marijuana Concentrates

Recreational sales of marijuana products are heavily regulated in Colorado. It is illegal for anyone besides authorized retailers to sell marijuana concentrates. Selling less than two ounces of concentrates is a misdemeanor crime, however it is a felony if the crime involves more than two ounces or if the concentrates are being sold to a minor.

Have you been accused of violating one of these marijuana concentrate laws? If so, seek legal representation from the criminal defense attorneys at Reisch Law Firm at once. Let us protect your rights and fight for the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

When is DUI Charged As Vehicular Assault in Colorado?

When is DUI Charged As Vehicular Assault in Colorado?

Driving under the influence of alcohol or drugs is illegal in the state of Colorado. A DUI conviction can lead to serious consequences, including license suspension, time behind bars, and substantial fines. But, the penalties can be even worse if the DUI is charged as vehicular assault. Here’s what you need to know about this criminal charge:

What is Vehicular Assault?

Drivers who are under the influence of alcohol or drugs can be charged with vehicular assault if their intoxicated driving results in serious bodily injury to another person. For example, if a drunk driver crashes into another car and the other driver suffers serious injuries in the accident, the drunk driver could be charged with vehicular assault.

What Are Serious Bodily Injuries?

The law specifically states that the intoxicated driver must have been responsible for causing serious bodily injury to another person in order to be charged with vehicular assault. But, when is an injury severe enough to be considered a serious bodily injury?

An injury is legally classified as a serious bodily injury when there is a high risk that it could lead to death, permanent disfigurement, or the loss or impairment of a body part. The law also classifies breaks, fractures, and second or third degree burns as serious bodily injuries. This means a brain injury would be considered a serious bodily injury, but a muscle sprain would not.

The Penalties For Vehicular Assault

Vehicular assault is usually a class 5 felony, however if the driver was intoxicated at the time of the incident, it is charged as a class 4 felony. Anyone who is charged with vehicular assault caused by intoxicated driving could face up to six years in prison and fines up to $500,000. The judge has the option of sentencing defendants to probation instead of sending them to prison. However, if the victim’s injuries are severe or if the defendant has a prior record, the judge may not think probation is appropriate. The victim could also file a civil lawsuit against the driver in order to recover compensation for the injuries he sustained in the accident.

A vehicular assault charge does not always lead to a conviction. If you have been charged with this crime, let the criminal defense attorneys at Reisch Law Firm help. We will fight tirelessly to achieve the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Safest Cars of 2018

The Safest Cars of 2018

The Insurance Institute for Highway Safety (IIHS) bestows the Top Safety Pick+ honor on a handful of cars every year. This title is only given to cars that are designed with advanced crash prevention technology and safety features that minimize injuries in the event of a collision. There’s no way to completely eliminate the risk of car accidents or injuries, but these cars significantly reduce the risk. Here’s a look at the safest cars of 2018:

Kia Forte

The Kia Forte is designed with a number of safety features that protect drivers and passengers on the road. One feature that stands out is the Vehicle Stability Management (VSM) system. This system gives drivers more steering control even when the weather is bad and the roads are slippery. Since so many accidents are caused by bad weather, this feature could go a long way in making the roads safer.

Subaru Legacy

Subaru improved upon older models of the Legacy by upgrading some of the most important safety features, including the blind spot detection technology. This model is also designed with LATCH anchors that make it easier for parents to secure a child car seat in place before hitting the road.

Toyota Camry

Another sedan that made the list is the Toyota Camry. The newest Camry is designed with crash prevention technology that helps drivers stay aware of their surroundings. In fact, this technology alerts drivers if they are starting to swerve into the other lane or if a pedestrian is detected nearby.

BMW 5 Series

The BMW 5 Series is one of the few luxury sedans on this year’s list. This vehicle is designed with a backup camera and park-assist technology to help drivers squeeze into tight parking spaces. Some models also come with forward-collision warning technology and automatic emergency braking, which activates when the car detects an imminent crash.

Genesis G80

Nine airbags are built into the newest Genesis G80, including several side-airbags that are built into the roof of the vehicle. The car is also designed with an energy-absorbing steering column and reinforcements along the sides to keep passengers as safe as possible in the event of a collision.

These cars may reduce the number of accidents that occur, but they won’t be able to prevent every accident. If you are injured in a car accident, let the personal injury attorneys at Reisch Law Firm help. We will fight tirelessly to recover the compensation you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Can A Domestic Violence Conviction Affect Your Right to Own A Gun?

Can A Domestic Violence Conviction Affect Your Right to Own A Gun?

Having a domestic violence conviction on your record could affect your life in many ways. Parents who are convicted of domestic violence may lose the right to see their children. Being convicted of this crime can also make it more difficult to find employment in the future. But, can a domestic violence conviction affect your right to own a gun as well?

Domestic Violence Crimes Involving Firearms

It’s estimated that someone is killed with a firearm in the state of Colorado every 16 hours. Sadly, many victims are killed by people they know intimately. In 2011, around 18% of all homicide victims in Colorado were killed by either a family member or romantic partner. For these reasons, many lawmakers feel it is imperative that guns stay out of the hands of domestic violence offenders.

The Rights of Domestic Violence Offenders

Federal law prohibits anyone who has been convicted of misdemeanor or felony domestic violence from owning a gun. Since domestic violence laws vary by state, it’s important to understand how domestic violence is defined by federal law. The law states that any crime involving the use or attempted use of force against certain parties, such as a spouse or partner, can be considered domestic violence. The use of force does not necessarily need to cause the other person harm in order for the act to be considered domestic violence.

In addition, anyone who is ordered to keep away from a victim by a protective or restraining order is also banned from having a gun.

The state of Colorado passed a law in 2013 that is very similar to the existing federal law. Under the state law, domestic violence offenders cannot purchase or possess guns or ammunition. This law also requires the courts to order anyone who is convicted of domestic violence or subject to a domestic violence protective order (DVRO) to surrender their weapons.

How Domestic Violence Offenders Can Surrender Their Weapons

According to the state law, domestic violence offenders who are ordered to surrender their weapons and ammunition must do so within 24 hours. If the defendant is in custody, the 24-hour time limit begins once he is released. The guns and ammunition can be given to anyone who has passed a firearms background check. Then, the domestic violence offender must submit proof that he surrendered his guns and ammunition to the court within three business days.

If you have been accused of domestic violence, contact Reisch Law Firm at once. Our criminal defense attorneys work tirelessly to protect your rights and achieve the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Can Passengers Be Witnesses in A Car Accident Claim?

Can Passengers Be Witnesses in A Car Accident Claim?

In order to recover compensation, car accident victims must be able to prove that the other driver was to blame for the crash. To do this, personal injury attorneys conduct investigations to gather evidence that proves liability. Sometimes, the most important evidence comes from interviews conducted with people who witnessed the accident. No one may have had a better view of the accident than the passengers in your vehicle. But, can your passengers act as witnesses in a car accident claim?

Anyone who personally observed the events leading up to the accident, the crash itself, or the aftermath can serve as a witness in a car accident claim. This includes passengers in any vehicle involved in the accident.

However, the impact of any witness’s testimony will depend on the perceived credibility of the witness. On one hand, the passenger should be seen as credible since he most likely had a good view of the accident. He may have even heard the driver comment on the fact that a car was driving too close to him or speeding up behind him right before the collision. Therefore, it may be easier to believe him over a witness who was across the street when the accident occurred.

But, there are several factors that could hurt the passenger’s credibility as well. Passengers are typically either related to or friends with the driver of the vehicle. Because of this, the passenger may be hesitant to say anything that could be used to prove this person was at fault. This is especially true if the passenger was also injured in the accident. Passengers have the right to file a personal injury claim if they are hurt in an accident. If it can be proven that the other driver was at fault, the passenger can file a claim with that driver’s insurance company instead of pointing the finger at his close friend or family member.

Even if the passenger is completely honest, the insurance adjuster or jury may not think he is a credible witness due to his close relationship with the driver. But, the information that passengers may have about the accident is too valuable to ignore. For this reason, passengers almost always serve as witnesses in car accident claims.

If you have been injured in a car accident, seek legal representation from the personal injury attorneys at Reisch Law Firm. Our personal injury attorneys will conduct a thorough investigation to gather evidence that can be used to prove liability for the crash. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Should You Ask For Pain and Suffering Damages?

Should You Ask For Pain and Suffering Damages?

There are two main categories of damages that may be awarded to a personal injury victim: economic and non-economic. The former compensates the victim for expenses he has incurred or losses he has suffered as a result of the accident. Non-economic damages, on the other hand, are awarded to victims who have experienced pain and suffering due to their injuries. Any personal injury victim who has medical expenses or lost wages should ask for economic damages. But, when is it appropriate to ask for pain and suffering damages?

The Emotional and Physical Effects of the Injury

To determine if you deserve pain and suffering damages, think about how the injury has affected your emotional and physical state. Many people who are seriously injured experience depression, anxiety, or drastic mood swings after an accident. These are all examples of how victims suffer emotionally as a result of their injuries, and they deserve to be compensated for this indescribable pain.

Of course, injuries can also cause a great deal of physical pain. Victims who had to live in pain due to their injuries should be compensated for their discomfort.

Sometimes, the victim experiences temporary or permanent physical limitations due to the injury. For example, a victim with an amputated limb may find it difficult to participate in many of the activities he loved prior to the accident. Since this physical limitation is affecting the quality of the victim’s life, he should be compensated for his suffering.

If you are experiencing this type of emotional or physical pain, it’s a good idea to talk to an attorney about recovering non-economic damages.

Documentation to Prove Injuries

Insurance companies will need to see proof of your injuries before they can even think about offering compensation for your pain and suffering. The documentation that you provide to the insurance company should not only show that the injuries exist, but also that they are severe enough to cause you pain or suffering.

Examples of documentation that can be provided to support this claim include medical records and written statements from doctors. It’s also recommended that personal injury victims keep injury journals so they have a place to record the symptoms they experience on a daily basis.

Personal injury victims who are experiencing physical and emotional pain and have the documentation to prove it will most likely be able to recover compensation for their pain and suffering.

If you have been injured, seek legal representation from the personal injury attorneys at Reisch Law Firm. Let our personal injury attorneys review your case to determine whether or not you are entitled to compensation for your pain and suffering. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How to Get Your Car Repaired After A Car Accident

How to Get Your Car Repaired After A Car Accident

The impact of a collision can seriously damage both cars involved in the crash. Depending on the extent of the damage, the repairs can cost hundreds or even thousands of dollars. But fortunately, if the other driver caused the car accident, it is their insurance company that will have to pay for your repairs. Here’s how to get your car repaired after a car accident:

Contact the At-Fault Driver’s Insurance Company

If the accident was clearly caused by the other driver, you will need to get in touch with their insurance company as soon as possible. The at-fault party’s insurance company must repair your car so that it is in the same condition it was in prior to the accident. Once they are notified of the accident, the insurance company will ask that you take the car to a repair shop to obtain an estimate for the repairs that need to be made on the vehicle.

Visit A Repair Shop

Insurance companies typically have contracts with repair shops in the community. The contracted shops provide better rates for insurance companies since they account for a significant portion of each shop’s business. But, these are only suggestions, so it’s important to remember that you can obtain an estimate wherever you’d like.

Submit the Estimate to the Insurance Company

Next, the estimate will need to be sent to the insurance adjuster who is assigned to your case. At this point, the insurance adjuster may review and immediately approve the estimate. But unfortunately, the insurance adjuster often finds something that he does not agree with on the estimate. For example, the insurance adjuster may think that a part can be repaired instead of completely replaced. If this happens, the insurance adjuster and repair shop can negotiate until they reach an agreement.

Get the Repairs

Once the estimate has been approved, it’s your responsibility to schedule an appointment at the repair shop and get your car fixed. Be sure to ask the insurance adjuster about whether or not they cover the costs of a rental car that you can use while your car is being fixed. Many insurance companies offer this coverage, which makes it easier to carry on with your life while your car is being repaired.

If you have been involved in a car accident, seek legal representation from the personal injury attorneys at Reisch Law Firm. Let our team fight for the compensation that you deserve for your injuries and property damage. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.