Category: News

Common Myths About Personal Injury Cases

Common Myths About Personal Injury Cases

If you’ve been injured in an accident, you may begin to research personal injury claims online to learn more about how to file and why you should file. But, don’t believe everything that you read. There are a lot of myths about personal injury cases circulating on the Internet that may mislead you. Learn the truth behind these common myths:

Myth: Compensation is guaranteed.

If you have been injured by another person’s negligence, you may be entitled to compensation for medical expenses, pain and suffering, and lost wages. But, compensation is never guaranteed in any personal injury case. This is one of the reasons why you should work with an experienced personal injury attorney with a history of successfully reaching settlements and winning verdicts for his clients.

Myth: Your case will take years to complete.

A number of factors can influence how long a personal injury case will take, so it’s difficult to predict how long you will have to wait for your case to be resolved. But, it’s a misconception that most personal injury cases take years to complete. In fact, it’s estimated that about 90-95% of personal injury cases are resolved in pre-trial settlement negotiations. These cases can typically be resolved in about eight months to a year, depending on the complexity of the claim and severity of injuries.

Myth: Most personal injury claims are fraudulent.

Insurance companies want you to believe that people often file fraudulent personal injury cases, but that’s simply not the case. A personal injury attorney will not take a case unless he believes the plaintiff was genuinely injured and the defendant’s negligence was to blame. Because most personal injury attorneys work on a contingency fee basis, meaning they don’t get compensated unless they win the case, it would be far too risky to work with someone who is lying about their injuries to scam the insurance company.

Myth: The at-fault party’s insurance company will pay for your medical bills as you incur them.

It’s true that the at-fault party’s insurance company may end up paying for any medical expenses you have incurred as a result of your injuries. However, the insurance company will not pay these expenses as they are incurred. Instead, they will pay you once you have reached a settlement or winning verdict in your case. That means that you will be responsible for paying for your medical bills until your personal injury case has been resolved.

Now that you know the truth behind these common personal injury myths, are you ready to file a claim? If so, contact Reisch Law Firm today to learn how you can recover compensation for your injuries. Call 303-291-0555 or fill out this online form to schedule a free consultation with our law office.

Common DUI Defense Strategies

Common DUI Defense Strategies

Have you been charged with driving under the influence (DUI)? Facing criminal charges can cause a great deal of stress and anxiety in your life. But remember, a charge does not equal an automatic conviction. There are several DUI defense strategies that an attorney may be able to use to fight the charges against you. Here are some of the most common ones:

You were illegally stopped by the police.

Police officers do not have the right to pull over just anyone. In order to stop someone, a police officer must have a reasonable suspicious that the person is engaging in criminal activity. If you were not driving erratically or recklessly at the time you were pulled over, you may be able to challenge whether the police officer had the legal right to stop you. If you can prove that the officer did not have reasonable suspicion, any evidence that he collected during the stop would not be admissible in court.

Voluntary field sobriety test observations were inaccurate.

The police officer who pulls you over may ask you to step out of your vehicle and perform several “voluntary” field sobriety tests. Your performance during these tests could be used against you to prove that you were intoxicated at the time of the traffic stop. Do not agree to perform “voluntary roadside maneuvers. But, it’s possible that a defense attorney could argue that the police officer’s observations were inaccurate. For example, if you were asked to perform a field sobriety test while wearing high heels, you may not perform well because of your shoes. If you stumble or fall, the police officer may believe you are intoxicated instead of taking your footwear into consideration. A defense attorney may be able to poke holes in the police officer’s account of what happened using this strategy.

The breathalyzer test was not administered properly.

It’s common for a defense attorney to challenge the results of the breathalyzer test to challenge DUI charges. Police officers are required to follow certain procedures when administering the breathalyzer to drivers, and if they fail to do, the results of the test could be thrown out of court. For example, police officers are supposed to watch a driver for 20 minutes prior to administering the test to ensure he does not burp, vomit, or consume anything that could affect the results of the test, such as mints or mouthwash. If the police officer does not do this, your attorney may be able to argue that the results were inaccurate.

Are you facing DUI charges? If so, contact Reisch Law Firm today. Our experienced attorneys will thoroughly review the details of your case to determine the best way to defend you against these charges. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

What Are the Most Common Car Accident Injuries

What Are the Most Common Car Accident Injuries?

The National Safety Council (NSC) released data that shows nearly 4.6 million people in the U.S. required medical treatment following a car accident in 2016, which was a 7% increase over the previous year. These car accident victims may have suffered a number of different injuries that range in severity. Some of the most common car accident injuries include:

Whiplash

If you have been involved in a rear-end collision, you may start to experience symptoms of whiplash after the crash. Whiplash occurs when the impact of the collision causes the muscles in your head and neck to suddenly extend and contract in a back and forth motion that resembles the cracking of a whip. Symptoms of this condition include neck pain, headaches, loss of range of motion in the neck, shoulder pain, and numbness.

Traumatic Brain Injuries

It’s common for drivers and passengers to hit their heads on the dashboard, windows, or steering wheel during a collision. Even if you do not have any visible signs of injury, bumping your head during a car accident could lead to a traumatic brain injury. The severity of this injury will depend on how much damage has been done and what part of your head was hit. It’s important to note that you may not experience any symptoms at all if you have a brain injury, or you may only experience minor symptoms such as a headache and slight confusion. If you have hit your head during a collision, seek medical treatment regardless of how you feel.

Back Injuries

Car accidents can also cause back injuries, including strains, sprains, herniated discs, and spinal cord damage. Similar to brain injuries, the symptoms of a back injury may not be immediately obvious. In fact, you may feel completely fine until the day after the accident, where you start to notice stiffness, pain, and limited mobility.

Internal Injuries

People who have been involved in high-impact car accidents may also sustain internal injuries. For example, it’s common for victims to fracture a rib during a high-impact collision. A fractured rib could cause secondary injuries if it punctures an internal organ such as your lungs. Even if you don’t fracture your ribs, you could still bruise or rupture internal organs during a car accident.

These are just some of the many different injuries that you may sustain during a car accident. If you are ever involved in a car accident, it’s important to seek medical treatment regardless of how minor you think your injuries may be.

If you have sustained any type of injury in a car accident, seek legal representation right away. The attorneys at Reisch Law Firm can help you recover compensation for your medical expenses, lost wages, pain and suffering, and more. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Steps to Take After a Car Accident

Steps to Take After a Car Accident

The moments following a car accident can be filled with anxiety, fear, and shock. Although you may be feeling a rush of emotions, it’s important to stay calm and in control of the situation. If you have been injured, there are a things you should do after a collision to ensure that you will have the opportunity to recover compensation from the at-fault party. What should you do? Here are the steps to take after a car accident:

Call for help.

Your first priority following an accident should be calling for help. If you and the other people involved in the accident do not need emergency medical treatment, you will just need to call to report the accident and ask for a police officer to come to the scene. It’s imperative that you do this so there is an official police report on file that has documented what happened.

Exchange information.

Of course, you will need to exchange information with people at the scene. But, don’t just stop at the other driver. If there were any witnesses who were not involved in the accident, ask for their contact information, too. Your attorney may want to get in touch with them later on to discuss what they saw leading up to the accident.

Take pictures.

If you can, take pictures at the scene of the accident. What should you photograph? Anything and everything. Make sure you have pictures of property damage, any visible injuries that you have sustained, debris from the collision, and traffic signs or signals that may have played a role in the accident. All of these pictures will help you prove the cause of the accident and what damages and injuries occurred as a result of the accident.

Seek medical treatment.

It’s imperative that you seek medical treatment as soon as possible following the accident—even if you are under the impression that your injuries are minor. Remember, what starts off as a minor injury may develop into something far more serious in the next few hours or days. You will need documentation from a healthcare provider that shows you were experiencing symptoms immediately following the accident. If you don’t have this, you may not be able to prove that the injuries you suffered were sustained in the accident. Hold onto every medical document that shows what injuries you have, how you have been treated, and what you have had to pay for treatment.

Contact an attorney.

The sooner that you contact an attorney after a car accident, the better. An attorney can immediately begin to investigate the cause of the accident, identify the liable parties, and handle the negotiations with the at-fault driver’s insurance company. It’s important that you do not speak to an insurance company until you have contacted an attorney. This is recommended so you don’t end up making statements to the insurance adjuster or accepting an unfair settlement.

Have you been injured in a car accident? Don’t delay any longer—contact Reisch Law Firm today. Our experienced attorneys can help you recover the maximum compensation available for your injuries. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

$358 Million Asbestos Settlement

$358 million asbestos settlement has been announced by a company that was facing bankruptcy. The settlement involves future asbestos claimants with claims against Garlock Sealing Technologies LLC. Of the amount provided, $250 million will be contributed when the company’s reorganization plan is put into effect and $77.5 million will be contributed over the next seven years.

8M Asbestos Settlement AnnouncedThe settlement was reportedly negotiated with Joe Grier, who was appointed by the courts to represent future asbestos claimants. According to Forbes (1/14/15), current plaintiffs are seeking more than $1 billion from Garlock. The settlement could represent an issue between current and future asbestos claimants. Current plaintiffs are those who have already become ill and filed a lawsuit. Future claimants – those affected by this settlement – are those who may not yet be ill but will be and will file a lawsuit once they are diagnosed. Claims made in the future can be affected by the results of current lawsuits.

Money has also been set aside to cover claimants who refuse the settlement offer and file a lawsuit instead.

Forbes reports that Garlock has filed a lawsuit against five asbestos law firms, alleging plaintiffs’ lawyers hid evidence that their clients were exposed to asbestos from other sources so they could obtain higher awards and settlements from Garlock, especially since the other companies had already declared bankruptcy. According to Reuters (1/21/15), one plaintiff told his lawyer he was exposed to 14 different asbestos products, but presented contradictory evidence in his lawsuit.

Plaintiffs’ lawyers have denied any wrongdoing.

Asbestos litigation is typically long and complicated for a variety of reasons. First, it can take decades for illnesses associated with asbestos exposure – including mesothelioma and asbestosis – to develop. Second, plaintiffs who were exposed to asbestos may have been exposed in a variety of settings and situations. Those who worked as plumbers or as mechanics, for example, may have worked a variety of jobs hired by multiple employers where they were exposed to asbestos. They may also have been exposed to different types of asbestos from different manufacturers, making it difficult to pinpoint which exposure was the most significant cause of the asbestos-related illness.

Asbestos lawsuits filed by some plaintiffs have named dozens of defendants including employers and manufacturers.

The current asbestos claimants’ lawsuit is In re: Garlock Sealing Technologies LLC, case number 3:10-bk-31607, in US Bankruptcy Court for the Western District of North Carolina.

$11M Awarded in Toyota Camry Sudden Unintended Acceleration Lawsuit

An $11 million verdict has been awarded to the plaintiffs in a Toyota sudden acceleration personal injury lawsuit resulting from a defect in a 1996 Camry. The jury ruled that the defect contributed to an accident which left three people dead and two seriously injured.

While the jury found that the Camry’s driver, Koua Fong Lee, was 40% responsible for the crash, they cited Toyota as being 60 percent responsible. In the 2006 crash Lee rear-ended an Oldsmobile after exiting a highway. The driver of the Oldsmobile, Javis Trice-Adams Sr., and his son were instantly killed. His niece, also in the Oldsmobile, became a quadriplegic as a result of the crash and died 18 months later. Trice-Adams’ father and daughter, also passengers, were injured as well.

The jury awarded both families a combined $11.4 million, though due to Lee’s partial responsibility, his $1.25 million award will be reduced to $750,000, according to his lawyers.

In 2008, Lee was convicted of negligent homicide and sentenced to eight years in prison. However, his conviction was overturned after Toyota’s recalls of later-model cars for acceleration defects, tied to floor mats and pedals, brought new attention to the case. Lee had claimed that the Camry started to accelerate by itself and that the car didn’t respond when he hit the brakes. Prosecutors declined to re-charge Lee, who served more than two years in prison.

In 2010, the Trice-Adams family sued Toyota claiming a defect in the Camry caused it to suddenly accelerate. Lee and his family intervened as plaintiffs later that year. The plaintiffs argued the accelerator got stuck in a “near wide-open position,” calling other Camry owners to testify at trial that they experienced similar problems.

Brake Failure Responsible for Nearly 1/3 of all Trucking Accidents

When a catastrophic trucking accident occurs, causing serious injuries or fatalities, it is critical to determine who is to blame. Yet establishing blame is not easy, and trucking companies and brake manufacturers often have large legal teams on their side who are skilled in deflecting blame and reducing their liabilities. As such, it is important to have an experienced Denver trucking accidents attorney on your side from the moment you are injured.

 

There may be many parties responsible for your accident, including:

 

  • The truck driver

  • The company responsible for loading the truck

  • The trucking company/owner

  • The manufacturer of the brakes

 

 

Trucking companies are in business to make money. They sometimes do this by cutting corners in maintenance and safety. One of their tricks is to skip or delay routine maintenance on brakes, including changing worn brake pads and rotors. They may also misalign the brakes or fail to properly secure the brakes when installing them.

 

 

Another trick that trucking companies employ is to depower the front brakes. They do this to save money on tires and on braking components. By depowering or unhooking the front brakes, trucking companies force truck drivers to use the rear brakes on the trailer only and downshift in order to stop the vehicle completely. In emergencies or on severe downgrades, truck drivers often do not have enough time to downshift appropriately and the result is catastrophic.

 

 

If you believe that your trucking accident was a result of brake failure, it is important to discuss your case with an experienced Denver trucking accident lawyer immediately. Valuable evidence could be lost quickly if you delay. Your attorney will need to complete a thorough investigation of the accident scene and determine if faulty brakes were responsible for your crash. If brake failure was the reason, then your attorney can use specialized forensic experts and crash reconstruction experts to determine if the failure was a result of a defective part or shoddy maintenance.

 

 

Colorado Trucking Accident Attorneys

 

Reisch Law Firm DenverIf you or someone you love is injured in a trucking accident in Westminster, Arvada, Denver, or anywhere in the State of Colorado, it is important to have an experienced attorney on your side. The trucking accident lawyers at Reisch Law Firm will fight the tough fight, so you can focus on your recovery.

 

 

Call the Westminster trucking accident attorneys at Reisch Law Firm today at 1-303-291-0555 for a FREE initial consultation.

 

 

Colorado Woman Trapped in Car for 5 Days—Found Alive!

A Colorado woman has been found alive, after being trapped in her car for at least 5 days. Kristin Hopkins, a single mom of four, was found upside down in her Chevrolet Malibu, after it skidded off a winding mountain road and crashed near Fairplay, Colorado five days earlier. The person who found Hopkins’ car reported that there was a dead body inside; however, when first responders arrived, Hopkins put her hand up against the window and signaled to everyone that she was indeed alive. Once rescued, Hopkins was taken to a nearby hospital where she was treated for serious internal and external injuries, including having both of her feet amputated.

 

Like Kristin Hopkins, every year, thousands of people are involved in devastating and life changing car accidents. The loss of limbs, crushed bones, disfiguration, and brain damage are all common and life-threatening injuries that can occur in the blink of an eye because of a severe accident. The road to recovery can be long and grueling, and physical and occupational therapy is often needed for months and even years as injury victims attempt to recover. Sadly, many accident victims will never recover fully from their injuries—leading to a lifetime of pain, suffering, and disability.

 

 Car accidents don’t always involve colliding with another car, however, and often times, a single-car accident can occur. When this happens, it is natural for police officials, insurance companies, and even accident victims to assume that there is no one to blame for the accident—or worse, that the driver of the car is to blame. This isn’t necessarily the case. There may be a third party responsible for your accident and your injuries. Some of the most common reasons why a single-car accident could occur, include:

 

  • Faulty or defective car parts, such as brakes failing or a defective steering wheel, or airbag system;

  • Poorly maintained roads;

  • Bushes or trees blocking traffic signs or signals;

  • Inadequate shoulder or guardrail;

  • A hit and run accident

 

No matter what the reasoning for your car accident, it is always best to speak with an experienced Denver personal injury attorney as soon as possible. Insurance companies are often reluctant to pay accident victims the maximum compensation—even when they are entitled to it. As a result, they often look to reach settlements quickly and easily; the less money they have to pay the better. Unfortunately, this is usually only a fraction of what accident victims need to recover from serious injuries.

 

 

Compassionate Colorado Personal Injury Attorneys

 Reisch Law Firm DenverIf you or someone you love is injured in a car accident in Westminster, Arvada, Northglenn, Denver, or anywhere in the State of Colorado, you are not alone. The experienced Colorado car accident lawyers at Reisch Law Firm can help you obtain the compensation you need. Call the Colorado injury lawyers at Reisch Law Firm today at 1-303-291-0555 for a Free Consultation.

 

 

The personal injury attorneys at Reisch Law Firm have successfully represented injured individuals and their families in Westminster, Arvada, Boulder, Commerce City, Northglenn, Broomfield, Berkley, Wheat Ridge, Brighton, Thornton, Denver, Lakewood, and throughout the State of Colorado.

 

 

Shopping Cart Injuries on the Rise

 

The study was conducted by the Center for Injury Research and Policy at Nationwide Children’s Hospital and they found that there has been a significant rise in shopping cart injuries between 1990 and 2011—even though numerous shopping cart safety standards were implemented in 2004.

How did those injuries occur? 70.4% of the injured children fell from the shopping cart. Shopping cart collisions, tip overs, and limb entrapment also accounted for a large number of injuries each year. Of those children that were injured, an astonishing 78% sustained a head injury of some kind.

 

 

Even though safety standards have improved, shopping cart injuries are rising. This suggests the need for further safety standards to prevent tip overs and falls from occurring. Yet there is no need to wait for regulations and safety standards to be implemented. Parents can ensure their child’s safety by following these simple tips:

 

 

  • Always buckle or secure your child in the shopping cart. If the buckle is broken, get a new cart. Be sure your child is snuggly secured in the straps, much like a car seat.

  • Never allow your child to roam free in the basket of the shopping cart.

  • If possible, have your child sit in the seat that is closest to the ground. There are numerous ones now that come in car and rocket ship shapes and seat the child on ground level.

  • NEVER place an infant seat carrier on the top of the shopping cart. They are not meant to go there and infants have fallen and died from being placed on the top of the shopping cart.

  • If your child is too little to sit in the shopping cart seat properly, consider placing your infant in a front or back pack carrier or leave your child home with another adult if possible.

  • When you bring your shopping cart to the car, secure your children in their car seats before you remove the food from the grocery cart. This way, runaway-shopping carts won’t be running away with your child.

Compassionate Colorado Personal Injury Attorneys

 Reisch Law Firm DenverIf you or someone you love is injured in a car accident in Westminster, Arvada, Northglenn, Denver, or anywhere in the State of Colorado, you are not alone. The experienced Colorado car accident lawyers at Reisch Law Firm can help you obtain the compensation you need. Call the Colorado injury lawyers at Reisch Law Firm today at 1-303-291-0555 for a Free Consultation. 

 

 

The personal injury attorneys at Reisch Law Firm have successfully represented injured individuals and their families in Westminster, Arvada, Boulder, Commerce City, Northglenn, Broomfield, Berkley, Wheat Ridge, Brighton, Thornton, Denver, Lakewood, and throughout the State of Colorado.

 

Motorcycle Helmet Use Continues to Save Lives

Even though it is proven that the motorcycle helmet saves lives, the State of Colorado only requires that riders under the age of 18 wear a DOT approved helmet. According to the NHTSA, 65% of all fatal motorcycle accidents occurred in states without all-rider helmet laws.

Regardless of age, Colorado motorcyclists and their passengers should protect themselves by wearing a helmet at all times. Helmets are estimated to prevent 37 percent of fatalities in motorcycle operators and 41 percent of fatalities in motorcycle passengers.

Possible Head Injuries When Not Wearing Motorcycle Helmet

 

Sadly, many people choose not to wear helmets, and in the unfortunate event of a motorcycle accident, those same individuals could sustain catastrophic and fatal head injuries, such as traumatic brain injuries.
Traumatic brain injuries (TBI) are common injuries sustained in motorcycle accidents.  TBI is caused by a sudden jolt or blow to the head and is the leading cause of death and disability in people aged 1 to 44.  An estimated 1.5 to 2 million people are diagnosed with Traumatic Brain Injury every year in the United States, and approximately 50,000 of these individuals will die as a result of their injury.
Depending on the severity of the injury, the treatment for TBI may include some rest and medications, or it can involve extensive, emergency surgery.  Symptoms of TBI include, loss of consciousness, disorientation and confusion, memory loss, fatigue, headaches, depressions, seizures, vomiting, visual problems, sleep disturbances, dizziness, and irritability.
The recovery from a traumatic brain injury can be long and grueling.  Victims with moderate to severe TBI will need rehab to relearn previously known skills, such as speech, walking, dressing, and much more.

Legal Representation After Motorcycle Accident in Colorado

 

If you have been injured in a Colorado motorcycle accident, it is important to take the proper steps in retaining legal representation. Insurance companies will try to significantly reduce any compensation rightfully due to you, or dismiss your claim all together. A Colorado personal injury attorney will fight aggressively for you and your rights, to make sure you are not taken advantage of.
Serious injuries sustained in motorcycle accidents, such as traumatic brain injury, can cost thousands of dollars. Medical expenses, including hospitalization, surgeries, rehabilitation, physical and occupational therapy are overwhelmingly high. On top of that, lost wages and the loss of future earnings need to be taken into account.

Contact The Reisch Law Firm

 

At Resich Law Firm, our experienced and skilled Colorado motorcycle accident attorneys will fight aggressively to ensure that you receive the maximum compensation after a catastrophic motorcycle accident.
We offer all potential clients a FREE CONSULTATION. Our lawyers are available 24/7 to handle even the most complex Colorado motorcycle accident cases. From the moment you step into our offices, you will realize that you are not just a number or a case file.
Call the Westminster personal injury attorneys at Reisch Law Firm today at 1-303-291-0555 for a FREE initial consultation or send us an email.