Author: Scott Reisch

How Insurance Adjusters Investigate Car Accidents

How Insurance Adjusters Investigate Car Accidents

The at-fault party’s insurance company will assign an insurance adjuster to your case shortly after learning about the accident. The insurance adjuster will immediately begin to conduct an investigation to determine how the accident occurred and who is responsible for your injuries. Here’s how insurance adjusters investigate car accidents:

Talk to Both Parties

First, the insurance adjuster will attempt to make contact with both parties involved in the accident. The goal of making contact with each party is to hear each driver’s side of the story and learn more about how the accident occurred.

Personal injury attorneys typically recommend that clients do not speak to insurance adjusters without an attorney present. Be sure to speak to an attorney before agreeing to answer an insurance adjuster’s questions.

Review the Police Report

Next, the insurance adjuster may obtain a copy of the official police report of the accident. The police officer that responds to the scene of the accident asks each party questions about the crash and then summarizes these statements in a police report. The insurance adjuster will review the police report to look for inconsistences in either party’s story.

The insurance adjuster will also read through the police report to see if the responding officer came to a conclusion as to who was at fault for the accident. If the police officer concluded that the insurance company’s policyholder was to blame for the accident, the insurance adjuster may decide to make an offer to the victim for his injuries.

Analyze Evidence From the Scene

The insurance adjuster can also determine liability by analyzing evidence from the scene of the accident. Looking at photos of the property damage and interviewing witnesses who saw the accident can help them learn more about the events leading up to the accident. This evidence may be used to prove which party is liable.

Check Medical Records

If the insurance adjuster believes his policyholder is to blame, he will ask the victim to submit his medical records so he can verify the victim’s injuries. Insurance adjusters will look for ways to poke holes in the victim’s case. For example, if the victim waited two days to see a doctor after the accident, the insurance adjuster may question if the injuries were actually sustained in the crashed. If the insurance adjuster is able to verify the injuries, the process of negotiating a settlement with the victim will begin.

If you have been injured in a car accident, seek legal representation from the personal injury attorneys at Reisch Law Firm. The insurance adjuster’s goal is to resolve your case for as little as possible, but we won’t allow this to happen. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Filing A Motion For Reconsideration After A Criminal Conviction

Filing A Motion For Reconsideration After A Criminal Conviction

Defendants who are convicted of a crime can face a number of different penalties, including incarceration, fines, probation, and community service. During the sentencing hearing, the defense can attempt to persuade the judge to impose the lightest sentence possible on the defendant. However, these attempts are not always successful. Fortunately, defendants may have one more chance to fight for a lighter sentence. Here’s what you should know about filing a motion for reconsideration:

What is a Motion For Reconsideration?

A defendant who has been convicted and sentenced for a crime can file a motion for reconsideration if he would like to ask the judge for a lighter sentence.

For example, let’s say a defendant is convicted of driving under the influence (DUI). The judge sentences the defendant to one year in jail, which is the maximum penalty for first-time DUI defenders. The defendant can file a motion for reconsideration and ask the judge to reconsider the original sentence. He can argue that since this was his first criminal conviction, he does not deserve the maximum penalty. If the judge agrees, the defendant’s sentence can be lightened.

Who Can File a Motion For Reconsideration?

Many defendants think they can only file a motion for reconsideration if they have been sentenced to prison, but that’s not the case. Any defendant who has been convicted and sentenced is eligible to file a motion for reconsideration, regardless of the severity of their sentence.

In most cases, defendants choose to file a motion for reconsideration if they believe the penalties imposed upon them were unfair. Other defendants file a motion if they believe they have been rehabilitated and deserve another chance. It’s up to the judge to review the defendant’s request and determine if he deserves a lighter sentence.

When Can a Motion For Reconsideration Be Filed?

Defendants must move quickly if they would like to ask the judge to reconsider their sentence. If you are not appealing the verdict, the motion for reconsideration must be filed within 126 days after sentencing. If you are appealing the verdict, the motion for reconsideration must be filed within 126 days after the appellate court’s decision.

If you have been convicted of a crime, speak to the criminal defense attorneys at Reisch Law Firm. Let our criminal defense attorneys file a motion for reconsideration and prove that the punishment does not fit the crime. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Costs of Taking A Personal Injury Case to Court

The Costs of Taking A Personal Injury Case to Court

Personal injury victims often wonder whether it is in their best interests to settle with the at-fault party’s insurance company or take the case to court. Before making this decision, it’s best to learn about the costs of taking a personal injury case to court. Here’s a look at some of the most common expenses associated with a personal injury trial:

Attorney Fees

Personal injury attorneys work on a contingency fee basis, which means they are only paid if they are able to recover compensation for the victim. Instead of charging an hourly rate for their services, personal injury attorneys simply take a percentage of the compensation awarded to the victim. This means regardless of where a case is resolved, victims who are awarded compensation will need to pay attorney fees.

Expert Witness Fees

Expert witnesses are often used to support the victim’s case in personal injury cases. For example, an accident reconstruction expert may be needed to recreate a car accident and show the jury why the defendant is liable for the crash. Medical experts are also used to explain how a victim sustained a certain injury or how an injury will affect the victim’s future.

Unfortunately, these experts do not come cheap. The cost of hiring an expert witness can vary, but it can often be thousands of dollars.

Court Fees

There are a number of court costs that personal injury victims should expect when taking a case to trial. Filing a complaint with the court can cost several hundred dollars, for example. Plaintiffs may also want a copy of the in-court testimony, which will set them back another few dollars per page of the transcript. These expenses may not seem significant compared to others, but they can quickly add up.

Miscellaneous Expenses

There are also miscellaneous expenses that could arise when a personal injury case goes to trial. For instance, a personal injury attorney could plan on creating an elaborate visual aid to make it easier for the jury to understand how a car accident occurred. It shouldn’t cost much to create a visual aid, but it’s another expense that personal injury victims must keep in mind when deciding whether or not to take their case to trial.

If you have been injured, contact Reisch Law Firm at once. The personal injury attorneys at Reisch Law Firm have years of experience handling cases both inside and outside of the court room. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Violations of Trucking Regulations in Truck Accident Cases

Violations of Trucking Regulations in Truck Accident Cases

The Federal Motor Carrier Safety Administration (FMCSA) is responsible for regulating the trucking industry. Trucking companies across the country must comply with a long list of regulations established by this federal agency, but many of them fail to do so. Sadly, violating one of these regulations puts everyone on the road at risk. Here’s what you should know about trucking regulations in truck accident cases:

Examples of Trucking Regulations

The FMSCA has established countless trucking regulations. One regulation sets a maximum driving time for drivers who are transporting goods in a commercial vehicle. According to this regulation, a truck driver cannot get behind the wheel unless he has had a minimum of 10 consecutive hours off-duty. Truck drivers also are not allowed to continue driving if it has been more than 8 hours since they took a break that lasted at least 30 minutes.

There are also regulations that require trucking companies to frequently inspect their trucks and make any necessary repairs. Most trucking companies are also required to keep a record of the inspections and repairs performed on each truck. The record should include the date of the inspection or repair and a detailed description of the work that was performed on the vehicle.

Of course, this is not an all-inclusive list of regulations in the trucking industry. Since there are so many regulations, it’s best to work with a personal injury attorney to determine if a regulation has been violated in your case.

How Trucking Regulations Affect Liability

The FMSCA put these rules in place for a reason: they keep the roads safe. Unfortunately, accidents often occur when a trucking company or truck driver fails to comply with these regulations.

For example, consider the restrictions on the number of consecutive driving hours mentioned above. This regulation was established to prevent truck drivers from drowsy driving, which is the leading cause of truck accidents. If a trucking company violates this regulation by forcing a driver to work longer hours, the driver’s fatigue could lead to a collision.

This type of regulation violation can help truck accident victims determine who is liable for their injuries. It is often the case that the party who violated a regulation is held liable for the victim’s injuries. In the example above, evidence that the trucking company forced a driver to violate a federal regulation could be used to hold the trucking company liable.

If you have been injured in a truck accident, contact Reisch Law Firm at once. Our personal injury attorneys will immediately conduct a full investigation to gather evidence that can be used to prove liability. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What is Criminal Attempt in Colorado?

What is Criminal Attempt in Colorado?

Many people are under the impression that they cannot face legal consequences for a failed attempt to commit a crime. However, this is not the case in the state of Colorado. Here’s what you should know about criminal attempt:

What is Criminal Attempt in Colorado?

Anyone who attempts—but fails—to commit a crime can face criminal charges. A defendant can be accused of criminal attempt when he engages in conduct that constitutes a “substantial step” towards committing a crime.

For example, let’s say a woman goes into a clothing store and stuffs clothing items into her purse. Before exiting the store, she is stopped by a security guard who watched her put the items in her purse. Since she has not left the store, she has not committed theft yet. However, she did take a substantial step towards committing this crime since she was concealing items in her handbag. Therefore, she could be charged with attempted theft.

The Consequences For Criminal Attempt

The consequences for criminal attempt will vary depending on the type of crime that the defendant was attempting to commit. In general, a defendant who is accused of criminal attempt will face criminal charges that are one step below the charges that would have been filed if he had successfully completed the crime.

For instance, someone who actually commits the crime of kidnapping in the first degree will be charged with a class 2 felony. However, if someone attempts and fails to commit kidnapping in the first degree, he will be charged with a class 3 felony instead. This is because a class 3 felony is one step below a class 2 felony, so it carries somewhat lighter penalties.

There are several exceptions to this rule. First, someone who is accused of attempting to commit a petty offense will face the same penalties as someone who is accused of actually committing a petty offense. Another exception to the “one step below” rule involves class 6 felony crimes. Defendants who attempt to commit class 6 felonies will face class 6 felony charges as opposed to a lighter criminal charge.

Have you been accused of attempting to commit a crime? If so, seek legal representation from the criminal defense attorneys at Reisch Law Firm right away. The law takes an attempt to commit a crime very seriously, so you will need an experienced criminal defense attorney to fight for your freedom. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How to Get Evidence Thrown Out in Court

How to Get Evidence Thrown Out in Court

Being charged with a crime is not the same as being convicted of one. To convict a defendant of a crime, the prosecution must present evidence that proves the defendant is guilty beyond a reasonable doubt. However, some of the evidence that the prosecution wants to use may not be admissible in court. Here are some of the reasons why evidence is thrown out of court:

Fourth Amendment Violation

The Fourth Amendment protects people from unlawful searches conducted by law enforcement officers. In most cases, a police officer must have a search warrant to conduct a search of someone’s property and seize evidence during the search. But, there are exceptions to this rule that permit law enforcement officers to conduct searches in certain situations.

The prosecution cannot use evidence that has been gathered in an unlawful search. If a criminal defense attorney believes this kind of evidence is being used against you, he can fight to have it thrown out of court.

Miranda Rights

Anyone who is being questioned by law enforcement officers has a number of rights, which are referred to as Miranda rights. These rights include the right to remain silent and the right to an attorney. Law enforcement officers must read these rights to anyone who has been taken into custody for questioning. If they fail to do so, the statements the suspect makes during the interrogation may be thrown out of court.

For example, let’s say you are taken into custody for questioning and no one reads your Miranda rights. You do not realize that you have the right to remain silent, so you confess to committing theft. Because you were not informed of your rights prior to the interrogation, this confession will most likely be ruled inadmissible.

Handling Errors

The prosecution must be able to show who had possession of each piece of evidence from the time that it was collected to its presentation in trial. They must also be able to show that the evidence was handled and stored properly. If it can be proven that there was an error made during this process, the evidence could be thrown out.

For instance, let’s say law enforcement officers failed to mark the bags of drugs that were seized during a search of the defendant’s home. Because there were no marks or labels on the evidence, the defense can argue that law enforcement has no way of distinguishing this evidence from bags of drugs seized from other suspects. This argument could convince the judge the throw the evidence out of court.

If you are being accused of committing a crime, seek legal representation from the criminal defense attorneys at Reisch Law Firm. We will aggressively poke holes in the prosecution’s case in order to fight the charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Personal Injury Cases Involving Children

Personal Injury Cases Involving Children

The Centers for Disease Control and Prevention (CDC) reports that injuries are the leading cause of death in children under the age of 19. Children’s fatal and non-fatal injuries are often caused by the negligent acts of another person, which gives these children the right to file a personal injury claim. But, the laws for personal injury cases involving children are slightly different than the laws for cases involving adults. Here’s what you need to know:

The Statute of Limitations For Personal Injury Cases Involving Children

Adults have two to three years from the date of their injury to file a personal injury lawsuit, however the statute of limitations for cases involving children is different. Children still have two to three years to file a personal injury lawsuit, but this two to three year period does not begin until the child turns 18.

For example, let’s say a 12-year-old child is injured in a car accident caused by a negligent driver. The statute of limitations for car accident cases is three years. This means the 12-year-old child will have three years starting on the date of her 18th birthday to file a lawsuit.

Court Approval For Personal Injury Settlements

Many of the procedures in a personal injury case are the same regardless of whether the victim is a child or adult. However, the process of reaching a settlement with the at-fault party’s insurance company can be different.

The parents—or whoever is taking legal action on behalf of the child—may be required to obtain the court’s approval for a personal injury settlement. This approval is required when it is demanded by the at-fault party’s insurance company or when the value of the settlement exceeds a certain amount.

This allows the court to review the details of the settlement before it is official to ensure that it is in the best interests of the child. The court will consider the nature of the injury, the terms of the settlement, and whether the amount of compensation offered in the settlement is enough to cover the minor victim’s expenses and losses. The court will also review the attorneys’ fees to determine if they are fair before approving the settlement.

Obtaining court approval is a complex process, so it’s imperative to work with an experienced personal injury attorney.

If your child has been injured, seek legal representation from the personal injury attorneys at Reisch Law Firm. Our personal injury attorneys can guide parents and children through the complicated process of recovering compensation for an injured minor. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Are the Three Types of Plea Deals?

What Are the Three Types of Plea Deals?

There are a number of possible outcomes in a criminal case. The case may go to trial and end with a “not guilty” or “guilty” verdict, however most cases will end with a plea deal. In fact, it is estimated that 97% of federal cases and 94% of state cases are resolved with plea bargains. If you are ever charged with a crime, it’s important to understand how plea bargains work. There are three general types of plea deals that can be introduced in a criminal case. Here’s what you need to know:

Charge Bargaining

This type of plea deal can be made when the prosecution is open to negotiating the charges that the defendant will face. For example, let’s say a defendant is charged with assault in the first degree. The prosecution may agree to reduce the charges to assault in the second degree as long as the defendant is willing to plead guilty to this crime. This is probably the most common type of plea deal that is made in criminal court.

Sentence Bargaining

The second type of plea deal involves the negotiation of the defendant’s sentence. If the defendant agrees to plead guilty to the crime he has been charged with, the prosecution will ensure the defendant is given a lighter sentence.

When making this type of deal, the prosecution must consider what the judge will think of the agreement. This is because all plea deals must be approved by the judge presiding over the case. If the judge believes the sentence offered by the prosecution is too light, he may reject the deal.

Fact Bargaining

Fact bargaining is not used in criminal cases very often, but it’s still important to understand how this type of deal works. When this type of deal is made, it means the defendant has agreed to admit to certain facts related to his involvement with the crime. This benefits the prosecution since they will no longer have to provide evidence to prove these facts. In exchange for this admission, the prosecution will agree not to present other evidence in court that could be used to prove the defendant’s guilt.

If you have been accused of committing a crime, contact Reisch Law Firm as soon as possible. Do not accept a plea deal without speaking to one of our experienced criminal defense attorneys first. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What to Expect During A Sentencing Hearing

What to Expect During A Sentencing Hearing

Criminal cases often end with “not guilty” verdicts that set the defendant free. However, a criminal case is far from over if the defendant is found guilty. Every defendant who is convicted of committing a crime must attend a sentencing hearing. Here’s what to expect:

The Purpose of A Sentencing Hearing

During a criminal trial, it is the jury’s responsibility to determine if the defendant is guilty or not guilty. If the jury reaches a guilty verdict, this means the defendant will be punished for his crime, but it does not specify how the defendant should be punished. The defendant’s punishment—or sentence—is determined during a sentencing hearing that takes place after the defendant is found guilty.

Parties Involved in the Sentencing Hearing

Both the prosecution and the defense will be at the sentencing hearing, along with the judge and in some cases, the victims of the crime. It is the judge presiding over the case—not a jury—that is in charge of sentencing the defendant. But, there is one exception to this rule. The jury is involved in the sentencing process when the defendant faces the death penalty.

How Judges Determine Appropriate Sentences

The judge will listen to arguments from both the prosecution and defense before deciding how to sentence the defendant. The defense’s goal is to get the lightest possible sentence for the defendant. To do this, the criminal defense attorney could argue that the defendant would benefit from alternative sentencing such as treatment programs or probation. The defense can also tell the judge that the defendant regrets committing the crime. Attorneys argue that their clients should not be punished severely because they have learned from their mistakes and are no longer a threat to the community.

The points made in these arguments are not the only factors that the judge will consider when determining an appropriate sentence. The judge will also consider the nature of the defendant’s crime, the sentencing guidelines established by the law, and the defendant’s prior criminal record. Once a decision has been reached, it will be announced to all parties involved in the hearing.

If you have been charged with a crime, contact Reisch Law Firm at once. Our criminal defense attorneys represent the accused from the moment charges are filed until the case is resolved. Let us 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.

Recovering Compensation For Slip and Fall Accidents When Warning Signs Were Present

Recovering Compensation For Slip and Fall Accidents When Warning Signs Were Present

Slip and fall accidents typically occur because of a dangerous condition on someone’s property. Since property owners are legally obligated to maintain safe conditions on their property, they are often held liable for slip and fall injuries. But, what if the property owner attempted to warn the victim about a hazardous condition prior to the accident? Here’s what you should know about liability in slip and fall accidents when warning signs were present:

How Warning Signs Can Affect Slip and Fall Cases

A property owner cannot always escape liability simply because he had a sign on his property warning visitors of a hazardous condition. If the warning sign could not have possibly been seen by the victim prior to the accident, the property owner can still be held liable for the victim’s injuries.

For example, let’s say there is uneven flooring at the entrance of a retail store. The property owner knows this is a hazardous condition, so he puts a warning sign up by the front door. However, the sign can only be read by people who are already inside the store. Therefore, the sign does not warn customers who are entering the store of the hazardous condition. In this case, the property owner would still be liable.

The warning sign is also ineffective if it is too small or unreadable. For instance, if the handwriting on the sign is sloppy and illegible, the property owner cannot argue that the victim was warned about the hazardous condition.

Documenting Warning Signs After Slip and Fall Accidents

The size, location, and readability of a sign can all affect whether or not the presence of the sign will impact your ability to recover compensation. But, it’s difficult to prove that a warning sign was ineffective because of its size, location, or readability without evidence. Because of this, it’s important to take photos of any warning signs present at the scene of a slip and fall accident. Photograph the warning sign from up close and afar to capture the size, location, and readability. These photos can be used to prove that the warning sign was ineffective and the property owner should still be held liable for your injuries.

Have you been injured in a slip and fall accident? If so, get in touch with the personal injury attorneys at Reisch Law Firm at once. Let our attorneys poke holes in the property owner’s defense strategy so we can recover the compensation you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.