Author: Scott Reisch

How to Prevent Swimming Pool Accidents This Summer

How to Prevent Swimming Pool Accidents This Summer

There’s nothing better than jumping into a pool to cool off during the hot summer months. But unfortunately, many people are injured or killed in swimming pool accidents, especially during this time of year. Protect yourself and your loved ones by following these tips to prevent swimming pool accidents:

Supervise at all times.

If there are children in or around the pool, there should be at least one adult watching them at all times. Adults should stay especially close to children who are not experienced swimmers. It’s recommended that you keep inexperienced swimmers within reaching distance at all times to prevent tragic accidents. Even if the children are completely capable of swimming, they should still be supervised closely.

Mark the depth of the pool.

No one should ever dive into the shallow end of the pool, but kids may forget which side is the shallow end and which is the deep end. If you have a pool in your backyard, make sure that the depths of each side are clearly marked to protect your children and other loved ones. Be sure to teach your kids that they should always look for these signs before diving. If a sign shows that the pool is less than six feet deep, your kids should not dive into it.

Clean up pool toys.

Do you and your family use inflatable rafts and toys when swimming in the pool? Make sure that these toys either stay within the water or are kept far from the edge of the pool. If you leave these toys around the edge of the pool, they could cause someone to slip and fall.

Buy a fence.

Your swimming pool should be enclosed on all sides with a fence that is self-closing and self-locking. The fence should not have openings wide enough for a small child to squeeze through, and should be tall enough to keep children from climbing over it. If you have one of these fences in place, you don’t have to worry about your kids sneaking out to the pool when you’re not around.

Get CPR certified.

If you plan on spending a lot of time in the pool with your family, it’s a good idea to get CPR certified so you’re prepared in the event of an emergency. Research CPR classes in your community so you know how to protect your family.

Even if you closely follow all of these tips, there’s still a chance that you or a loved one could be involved in a swimming pool accident. If the accident occurred on another person’s property, you may be entitled to compensation for your injuries. Schedule a free consultation with Reisch Law Firm today to discuss your case by calling 303-291-0555 or filling out this online form.

An Introduction to Whiplash

An Introduction to Whiplash

Whiplash is one of the most common injuries that people sustain in car accidents. But, how much do you really know about whiplash? Would you be able to spot the symptoms of whiplash if you sustained this injury in a crash? Here’s a helpful introduction to whiplash that will prepare you in the event that you are ever injured in a car accident:

The Cause of Whiplash

Whiplash is a neck injury that occurs when the muscles in the neck overextend due to a sudden jerking motion of the head. This often occurs in car accidents because the impact of the collision can cause the victim’s body to jolt forward and backward without warning. The impact could be strong enough to tear or strain muscles, tendons, and ligaments in the neck, shoulders, and upper back.

The Symptoms of Whiplash

Some car accident victims may begin to notice the symptoms of whiplash immediately after the collision, but others may not develop any symptoms until hours or even days later. The most common symptoms include pain in the neck, back, or shoulders, stiffness, headaches, numbing sensation in the arms or hands, dizziness, difficulty sleeping, and difficulty paying attention. If you spot any of these symptoms, seek medical attention right away.

Treating Whiplash

To diagnose the soft tissue injuries of whiplash, you may need a CT or MRI scan. These scans should allow the doctor to see damage to the muscles, tendons, and ligaments in your neck, back, and shoulders.

Unfortunately, there is not much that a doctor can do to treat whiplash. Most doctors recommend that you take an over-the-counter pain medication to make you more comfortable as you recover. The doctor may also suggest that you alternate using cold packs and a heating pad on the affected area to reduce swelling and alleviate pain.

If the symptoms continue to bother you, the doctor may refer you to a physical therapist so you can learn gentle exercises to improve your range of motion and reduce pain. In the past, doctors used to give their patients neck braces to wear if they had whiplash, but this is no longer recommended. Doctors now believe that movement is important for a patient’s recovery, so there’s no need to keep the neck still using a brace.

If you have sustained whiplash or other injuries in a car accident, seek legal representation from the attorneys at Reisch Law Firm. Our team will help you recover the compensation that you deserve for your medical expenses, lost wages, and pain and suffering. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What are Domestic Violence Protection Orders?

What are Domestic Violence Protection Orders?

Domestic violence victims may need protection from the people that they caused them harm, which is why many victims request protection orders from the courts. There are three different types of domestic violence protection orders that may be issued after someone is accused of committing domestic violence.

Temporary (Ex Parte) Protection Orders

To get a permanent protection order put in place, you must schedule a court hearing. But, many victims fear that they will be hurt before the court date arrives. Temporary protection orders can be issued to protect victims as they wait for a court date to request a permanent order. The judge will only issue this type of protection order if he has reason to believe that the victim is in danger of being harmed by the defendant. The defendant does not need to be in court in order for the victim to receive this order, but the defendant must be notified of it before he is expected to comply with the terms.

Permanent Protection Orders

Eventually, both the victim and the defendant will be asked to appear in court so the judge can determine if a permanent protection order is needed. The judge will either decide to issue the permanent protection order or expand the current temporary protection order for a period of up to one year.

Emergency Protection Orders

Finally, there are also emergency protection orders. Police officers have the authority to request an emergency protection order if they feel that an adult or child is an immediate danger. This protection order usually only lasts for a few days, so victims must request a temporary protection order and a hearing for a permanent order if they would like extended protection.

Terms of the Protection Order

If you have been accused of domestic violence, one of these protection orders may be issued against you. If so, you may be ordered by the courts to stay away from the victim and refrain from making any direct or indirect contact with the victim. Defendants who share a home with the victim may be ordered to move out of the home indefinitely. Even though you may be removed from your home, the order may require that you continue to make payments for the mortgage, rent, insurance, or any other bills that you typically pay. Defendants must comply with all terms of the protection order. If any of the terms are violated, the defendant will face serious consequences.

If a protection order is filed against you, seek legal representation as soon as possible. The attorneys at Reisch Law Firm can help you fight for the modification or dismissal of a protection order. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Who Can File a Wrongful Death Claim in Colorado?

Who Can File a Wrongful Death Claim in Colorado?

There are laws that control who can file a wrongful death claim in Colorado to recover compensation for the loss of a loved one. If you have recently lost a loved one due to the negligent acts of another person, it’s important that you understand who can and cannot take legal action.

One person that is allowed to file a wrongful death claim in Colorado is the spouse of the victim. In fact, the spouse is the only person who is able to file a claim within the first year after the victim’s death. In the second year after the victim’s death, both the victim’s death and the victim’s children are able to pursue compensation by filing a wrongful death claim.

Some victims do not leave behind a spouse or children. In this case, the victim’s parents will be allowed to file the claim.

Filing A Survival Action Claim

You may also want to consider filing a survival action claim along with a wrongful death claim. A survival claim is filed to recover compensation for losses that the victim suffered before her death. For example, a victim may have sustained serious injuries in a truck accident. If she was treated in the hospital before eventually passing away from her injuries, the estate may be able to recover compensation for the medical expenses and pain and suffering the victim experienced after the accident and before her passing.

Whereas a wrongful death claim compensates the family members for their loss, a survival action claim compensates the victim’s estate for the losses that the victim suffered prior to his or her death.

The only person who is allowed to file a survival action claim is the representative of the victim’s estate. If any compensation is awarded, it will go to the estate instead of directly to the family members.

Time Limits on Wrongful Death Claims

There are also laws that restrict the amount of time you have to initiate a wrongful death case after the victim passes away. In Colorado, the victim’s family must file the wrongful death lawsuit within two years from the date of the victim’s death. All family members will lose the opportunity to recover compensation if it has been longer than two years since the victim’s untimely death.

If you have lost a loved one because of the negligent acts of another person, seek legal representation at once. The compassionate attorneys at Reisch Law Firm will guide you through every step of the process during this challenging and emotional time. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How a Truck Accident is Different From a Car Accident

How a Truck Accident is Different From a Car Accident

Truck accidents and car accidents both involve collisions that occur on the road, but the similarities may end there. It’s important that you understand how a truck accident is different from a car accident so you understand the need to hire a personal injury attorney if you are ever involved in a collision with a truck. Here are several of the key differences between these two types of tragic accidents:

Federal Regulations

The trucking industry is heavily regulated by the federal government. Regulations cover everything from how a truck is maintained to how many hours drivers spend on the road before taking a break. If an accident occurs because one of these regulations was violated, the trucking company can be held liable. These regulations are unique to the trucking industry and will not affect your case if you were involved in a collision with another car.

More Severe Injuries

Semi-trucks weigh around 80,000 pounds, which is significantly higher than the average weight of a car. These trucks can do a great deal of damage when they collide into a vehicle. As a result, truck accident victims often sustain far more serious injuries than car accident victims. Some of the most common injuries include fractured bones, spinal cord damage, and traumatic brain injuries.

Larger Insurance Policies

Car and truck accident victims typically recover compensation from the at-fault driver’s insurance company. But, the amount of compensation that you can recover from an insurance company is limited based on how much coverage the insurance policy provides. For example, if the at-fault driver in a car accident has a $25,000 insurance policy, this is the most you will be able to recover from the company. But, the insurance policies are much larger on trucks, so you may be able to recover much more than you would with a car accident claim.

Liability Challenges

Usually one of the drivers involved in the car accident is found liable for the collision. But, liability is a bit more complicated in a truck accident. There are a number of parties that may be held liable for a truck accident, including the truck driver, trucking company, parts manufacturer, and the company that loaded the cargo. Identifying who is liable is challenging, which is one of the many reasons why you will need an attorney if you are involved in a truck accident.

If you have been injured in a truck accident or car accident, seek legal representation at once. The attorneys at Reisch Law Firm will fight tirelessly to ensure that you receive the compensation that you are entitled to for your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Cost of Spinal Cord Injuries

The Cost of Spinal Cord Injuries

Spinal cord injuries are one of the most devastating types of injuries that you can sustain, so it’s no surprise that there are significant costs associated with these injuries. But, what is the actual cost of spinal cord injuries? How much should you expect to spend if you sustain spinal cord damage? Here’s what you need to know:

Medical Expenses

The medical expenses that you incur after a spinal cord injury will depend on the severity of the injury and the treatment that is needed. Injuries may need to be treated with surgery, rehabilitation, long-term care, medical equipment, and medication.

Costs tend to be the highest during the first year and then decrease in the years after. The Dana and Christopher Reeve Foundation estimates that people with high tetraplegia will spend around $1 million on medical expenses in the first year, and then about $185,000 every year after. Victims with low tetraplegia spend about $769,000 in the first year, and $113,000 in the following years. The Foundation also estimates that paraplegics will incur around $518,000 in medical expenses during the first year, which will then drop down to $69,000 beginning in the second year.

Spinal cord injury victims may also experience mental health issues that need to be treated by a mental health professional, which can increase the annual medical expenses even further.

Lost Wages

Besides the medical expenses, victims will also suffer lost wages when their injuries prevent them from working. The vast majority of spinal cord injury victims are unable to work during the first year. Some victims are eventually able to return to work, but only after years of treatment. Even if you do eventually return to the workplace, you may not be able to work as many hours or return to the same type of work you were doing prior to your injury.

Other Expenses

There are other expenses associated with spinal cord injuries that also need to be taken into consideration when valuing your personal injury claim. Many spinal cord injury victims need to modify their homes by installing wheelchair ramps or elevators so they can get around, which can cost thousands of dollars. Spinal cord injury victims may also need to travel to another city or state to receive treatment from specialists. The costs of airfare and hotel accommodations should also be included in your personal injury claim.

Life after a spinal cord injury is incredibly expensive. If you have sustained a spinal cord injury because of the negligence of another person, you may be able to recover compensation for these expenses by filing a personal injury claim. Contact an attorney at Reisch Law Firm to discuss your legal options. You can schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Signs of Nursing Home Abuse

The Signs of Nursing Home Abuse

Many cases of nursing home abuse and neglect go unreported. This is because the victims are often too ashamed or scared to come forward or may not know how to go about reporting it. Some victims may even fear that they will be retaliated against for reporting abuse. Because of this, it’s important that you learn how to spot the signs of nursing home abuse so you can get your loved one help when he or she needs it.

Physical Signs of Abuse

The most obvious signs of abuse will appear on your loved one’s body. Be sure that you frequently check your loved one for bruising, cuts, wounds, and bed sores that indicate she is being abused. If your loved one has suddenly lost a lot of weight or is suffering from frequent infections, this could also be a sign of abuse or neglect.

You should also take note of any changes to your loved one’s personal hygiene. Extreme changes in personal hygiene could be a sign that your loved one is suffering abuse.

Behavioral and Mental Changes

Have you noticed that your loved one is acting odd? This could be a sign of abuse. Many nursing home abuse victims may be withdrawn and unwilling to talk to their family. Victims may be easily agitated and lash out or may burst into tears for no apparent reason. These mood swings are common among those who have suffered extreme abuse. If you notice that your loved one becomes nervous or uncomfortable when a nursing home employee comes into the room, this is also a sign that something is wrong.

Signs of Financial Abuse

You should also be on the lookout for signs that your loved one is being financially abused. If you have access to her finances, look for any unexplained withdrawals or transfers of money. If you don’t have access to her accounts, try to look through her checkbook to see if there are any missing checks that could have been stolen by a nursing home employee. Also, check your loved one’s room to ensure that none of her valuables are missing. You may even want to ask your loved one’s permission to run frequent credit checks. This will help you determine if someone has stolen your loved one’s information to open credit card accounts or engage in other fraudulent activity.

If you suspect that your loved one is being abused in a nursing home, it’s imperative that you take immediate action. Contact an attorney at Reisch Law Firm right away to discuss your legal options. You can schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Happens if You Violate the Terms of Probation?

What Happens if You Violate the Terms of Probation?

Some people that have been convicted of a crime will be sentenced to probation instead of jail time. Probation allows the defendant to stay out of jail as long as he follows certain rules that are set by his probation officer. Some of the terms of probation may include meeting with your probation officer on a regular basis, appearing at all court hearings, paying fines to the victims, refraining from alcohol or drug use, and not leaving the state without prior permission. If you choose to violate the terms of probation, you could face serious legal consequences. Here’s what you should expect immediately after you commit a violation of probation:

Notice to Appear in Court

If you violate the terms of probation, your probation officer can either issue a warning or require you to appear in court for a probation violation hearing. The probation officer will decide whether to issue a warning or take you to court based on a number of factors, including the severity of the violation and whether you have violated the terms of your probation in the past.

The Probation Hearing

The probation officer may decide against issuing a warning and take you to court to attend a probation hearing instead. The judge presiding over your case will listen to both sides and determine if a violation occurred. Unlike in criminal court, the prosecutor does not need to prove that you are guilty beyond a reasonable doubt. The prosecutor only needs to show that you are guilty by a preponderance of evidence, which does not require as much proof.

The Sentencing

If the prosecutor is able to prove that you violated the terms of your probation, you will face penalties. The judge may decide to extend the length of your probation or create additional terms of your probation. In some cases, the judge may decide to send you to jail. He can either send you for a brief period of time or he can revoke your probation and order you to serve the rest of your time behind bars.

The judge may take your criminal record, history of violations, and the nature of the violation in consideration when determining an appropriate sentence.

You have the right to an attorney during your probation hearing, and it’s important that you exercise this right. If you have been accused of violating your probation, contact an attorney at Reisch Law Firm right away. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

The Consequences of a Criminal Conviction

The Consequences of a Criminal Conviction

People who are facing criminal charges often worry about the possibility that they will end up behind bars. But, they may not realize that this is just one of the many consequences of a criminal conviction. A conviction can lead to a number of short and long-term consequences, including:

Deportation

If you are not a U.S. citizen, it’s possible that you could be deported if you are convicted of committing a crime. Not only will you be deported, but you may also be denied re-entry into the U.S. for the rest of your life. Every criminal conviction does not automatically lead to deportation, so it’s important to let your attorney know if you are not a U.S. citizen so he can prepare to defend your right to stay in the country.

Lack of Employment Opportunities

A criminal conviction will remain on your record long after the trial is over, which could affect your ability to find employment. Employers often conduct background checks on job applicants, and if they see a conviction on your record, it’s possible that you will not be hired for the job. This is especially true if your conviction is related to theft, white collar crime, sexual assault, or violence. Many companies do not want to be responsible for employing people with these convictions on their records.

Some convictions may automatically make you ineligible for certain employment opportunities. For instance, you will not be hired by a school district if you have a sex crime conviction on your criminal record.

Reputation

Certain convictions may affect your reputation for the rest of your life. For example, if you are convicted of a sex crime, others may immediately view you differently. Your personal and professional reputation may suffer from this type of conviction, which can make it hard for you to form relationships or advance in your career. People that you were once close to may begin to distance themselves from you after learning about the conviction. It may take years for you to rebuild your reputation in your personal and professional life after a conviction.

As you can see, there are many other consequences of a conviction outside of jail time, fines, probation, and community service. If you would like to avoid these consequences, it’s in your best interests to hire a criminal defense attorney as soon as possible.

Don’t let the consequences of a criminal conviction affect the rest of your life. If you have been charged with a crime, speak to an attorney at Reisch Law Firm. Our attorneys will fight tirelessly to help you achieve the best possible outcome in your case. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

How Are Juries Selected For a Criminal Trial

How Are Juries Selected For a Criminal Trial

Anyone who is charged with a crime has a right to a trial by jury that is guaranteed by the Sixth Amendment of the Constitution. These jury members play an important role in the criminal trial because they will ultimately determine whether you are innocent or guilty. How are juries selected for your trial? Here’s a look at the process:

Random Selection

First, names will randomly be pulled from a pool of potential jurors, which is a list that is frequently updated by the state. The people that are pulled will receive a notice in the mail that informs them of the date and time they are expected to appear for jury duty.

“Voir Dire” Jury Selection

After the potential jurors have arrived in court, the lawyers and judge will select the 12 people that will sit on the jury through a process called “voir dire,” which is a French phrase that means “to speak the truth.” The judge will begin by asking each potential juror questions about their eligibility to serve on a jury. This may include asking about whether being a jury member will cause them undue hardship. If it will, the potential juror may be dismissed.

Challenging Jury Members

After the judge has finished, the lawyers will have a chance to continue the “voir dire” process by asking jury members questions. Lawyers will want to know if the jurors have any prior knowledge of the case that could affect their ability to be unbiased. Attorneys may also ask jurors personal questions to get a better idea of whether they are fit to hear this case. For example, an attorney who is defending someone who is accused of committing sexual assault may ask jurors about their own history with sexual assault. If a juror has been sexually assaulted in the past, it may not be in the defense’s best interests to have her sitting on the jury.

If a lawyer or judge feels that a potential juror will be biased when deciding on the defendant’s fate, the juror may be dismissed. In the example above, the sexual assault victim may rule against the defendant even if it is clear that he is innocent because of her own negative experiences. If a lawyer thinks a juror may be biased, the juror is not dismissed unless the judge grants the lawyer’s dismissal request.

Once both lawyers are satisfied with the selected jury members, the jurors will be officially sworn in by the court clerk and the trial will begin.

If you are facing criminal charges, you will need an experienced criminal defense attorney by your side through every step of the legal process. The attorneys at Reisch Law Firm will aggressively protect your rights and defend you against the charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.