Category: News

Common Settlement Tactics Used by Insurance Adjusters

Common Settlement Tactics Used by Insurance Adjusters

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

Recorded Statement

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

Delaying the Settlement

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

Medical Authorization Forms

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

Be Nice

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

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

How to Prove Soft Tissue Injuries

How to Prove Soft Tissue Injuries

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

Medical Records

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

Expert Witnesses

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

Prepare for Testimony

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

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

Who is Liable For Nursing Home Injuries?

Who is Liable For Nursing Home Injuries?

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

Nursing Home

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

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

Visitors

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

Medical Staff

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

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

Most Common Cybercrimes

Most Common Cybercrimes

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

Online Harassment

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

Identity Theft

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

Tax Refund Fraud

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

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

What Are the Most Common Causes of Wrongful Death?

What Are the Most Common Causes of Wrongful Death?

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

Traffic Accidents

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

Medical Malpractice

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

Workplace Accidents

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

Defective Products

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

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

What is Loss of Consortium?

What is Loss of Consortium?

There are many different types of damages that you may be awarded in a personal injury claim, including compensation for the loss of consortium. Unlike other types of compensation, loss of consortium damages are not awarded to the victim. Who are these damages awarded to? When are you entitled to receive them? Here’s what you need to know:

Injuries Affect the Entire Family

Catastrophic injuries such as brain or spinal cord damage can severely impact the quality of the victim’s life. It can also affect other members in the family, especially the victim’s spouse who may have to take on additional responsibilities due to the victim’s injuries. The injuries could also lead to a strain in the relationship as the victim experiences emotional changes such as mood swings, depression, and anxiety.

The spouse who is suffering as a result of the victim’s injuries can file a claim to recover loss of consortium damages from the at-fault party.

The Losses Suffered by the Spouse

These damages are meant to cover the loss of support, companionship, and affection that the spouse may experience because of the victim’s injuries. In addition, loss of consortium damages are supposed to compensate the spouse for any loss of services. For example, let’s say prior to the victim’s injury, he was responsible for staying home and taking care of the children while his spouse worked. If he can no longer do this because of limitations caused by his injuries, his spouse should be compensated for this loss.

Loss of consortium damages are also used to compensate a spouse for the loss of a sexual relationship with the victim. For instance, if the victim suffered severe injuries that prevent him from having a sexual relationship with his spouse, the spouse may be compensated for the loss of this intimacy.

To determine whether you should pursue loss of consortium damages, consult with a personal injury attorney. It may be difficult to prove that you deserve loss of consortium damages in some cases, especially in those where the injuries are not severe or the spouses were not in a happy marriage at the time of the accident. An attorney can thoroughly review your case and advise you on this matter.

If you are suffering as a result of your spouse’s injuries, contact the attorneys at Reisch Law Firm right away. We will immediately begin to review your case and calculate the value of your claim so we can recover the compensation that you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Leading Causes of Traumatic Brain Injuries

Leading Causes of Traumatic Brain Injuries

Every year, approximately 1.7 million people in the U.S. sustain traumatic brain injuries. Hundreds of thousands of these brain injury victims are hospitalized, while thousands more lose their lives as a result of the brain damage. How do all of these people sustain such catastrophic injuries? Here are some of the leading causes of traumatic brain injuries (TBIs):

Falls

The leading cause of TBIs is falls, which account for over one-third of these injuries. A brain injury occurs when the victim loses his balance and hits his head against the floor or another hard object during the fall. Falls are especially common among children between the ages of 0 to 4 and seniors that are 75 or older. These accidents can take place anywhere, including in the victim’s own home.

Struck By Objects

The second leading cause of these injuries is being struck in the head. Sometimes, these injuries are the result of accidents, such as when a construction worker is hit on the head by a falling object. But other times, the victim may be intentionally struck in the head during an assault.

This is a common cause of TBIs in children under the age of 15. As a matter of fact, this cause accounts for about 20% of all TBIs sustained by children within this age range. This could because TBIs that occur while playing sports typically fall into this category. Kids often sustain TBIs while playing football, baseball, basketball, and soccer.

Traffic Accidents

Another common cause of TBIs is traffic accidents, which includes all car, truck, and motorcycle collisions. In motorcycle accidents, these injuries often occur when the motorcyclist is thrown off of his bike and makes contact with the pavement. In other traffic accidents, TBIs usually occur when the victim hits his head against the dashboard, window, or steering wheel.

Although traffic accidents do not lead to as many TBIs as falls, the brain injuries sustained in traffic accidents are usually more serious. In fact, motor vehicle accidents are the leading cause of TBI-related fatalities.

TBIs can be caused by many other factors that are not included on this list. Some of the less common causes include animal attacks, self-inflicted harm, and explosions.

There’s a reason why these brain injuries are referred to as traumatic—they can significantly impact the quality of your life. If you have sustained a TBI in an accident, contact the attorneys at Reisch Law Firm right away to learn how we can help you recover the compensation that you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Is Possession of Marijuana Still A Crime in Colorado?

Is Possession of Marijuana Still A Crime in Colorado?

Colorado made headlines when it became one of the first states to legalize recreational marijuana in 2012. Because many people know that marijuana is legal in the state of Colorado, there is a common misconception that you cannot be charged with a crime for having marijuana in your possession. But, that’s not the case. There are certain circumstances in which the possession of marijuana is still a crime in Colorado.

Age

Just like alcohol, there is an age restriction on the use of marijuana. In Colorado, you must be 21 years or older to possess or consume marijuana. Therefore, it is a crime to have marijuana in your possession if you are under the age of 21.

Quantity

The law also places limits on the amount of marijuana that you are allowed to have in your possession. If you are over the age of 21, you can legally possess up to one ounce of marijuana. The possession of 1-2 oz. of marijuana is a petty offense, while the possession of 2-12 oz. is a misdemeanor crime that carries possible jail time. If you are found in possession of over 12 oz. of marijuana, you will face felony charges and jail time.

The law applies to other forms of marijuana such as hash and concentrates, too. If you have more than one ounce of hash or marijuana concentrates, you are committing a crime that could result in jail time and monetary fines.

Location

Even though marijuana is legal in Colorado, it is still prohibited by federal law, so having marijuana in your possession while on federal property is a crime. This means that you are not allowed to possess marijuana while visiting national parks, courthouses, or any other properties that are owned by the federal government.

It’s perfectly legal to have marijuana in your possession while you are in the car, but if it is an open container, it cannot be in the passenger area of the vehicle. Open containers are those that have broken seals or those that contain marijuana that you have already partially consumed. To protect yourself, it’s best to leave open containers of marijuana in the trunk of your vehicle.

If you have been charged with possession of marijuana, contact the attorneys at Reisch Law Firm right away. Our criminal defense attorneys will stop at nothing 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.

Everything You Need to Know About Field Sobriety Tests

Everything You Need to Know About Field Sobriety Tests

If you are pulled over by a police officer who suspects that you are driving under the influence, you may be asked to perform a series of field sobriety tests. It’s imperative that you learn about these tests so you know exactly what to expect and how to handle yourself in this situation.

What are the different types of field sobriety tests?

There are three field sobriety tests that have been approved for use by the National Highway Traffic Safety Administration (NHTSA): the horizontal gaze nystagmus, walk-and-turn test, and one-leg stand.

Horizontal gaze nystagmus is a jerking motion of the eyes that can be caused by alcohol or drugs. To test for this, a police officer will hold a pen or flashlight in front of your face and ask you to follow it with your eyes while keeping your head still. The officer will be watching to see if you can smoothly track the object and if your eyes make jerking motions that indicate you have consumed alcohol or drugs.

The walk-and-turn test is designed to divide your attention between two tasks to see if you are able to concentrate on both of them. You will be asked to position your feet so one is directly in front of the other. Then, the officer will instruct you to walk nine steps forward, turn around, and walk nine steps back. The entire time that you are walking, you will also be asked to count your steps out loud.

Finally, there is the one-leg stand, which is another divided attention test. You will be asked to stand with your feet close together and your arms by your side. Then, the officer will ask you to raise one leg about six inches above the ground, keeping both legs as straight as possible. While balancing on one leg, the officer will ask you to slowly count to 30.

What is the purpose of these tests?

Field sobriety tests are used to help law enforcement officers determine if you are under the influence or not. The officer will observe as you perform each test to look for signs of impairment. For instance, not being able to balance on one leg may be used as evidence that you are intoxicated. However, these tests are not always accurate because they don’t account for other factors that could affect the results. For instance, someone may not be able to stand on one leg because she has bad coordination or is wearing uncomfortable shoes.

Do you have to perform the field sobriety tests?

You do not have to perform field sobriety tests. If a police officer asks you to step out of the vehicle to perform one of these tests, politely decline. There is no penalty for not taking these tests, and since the results are often unreliable, it’s in your best interests to say no.

If you have been charged with DUI, contact the attorneys at Reisch Law Firm right away. We will immediately begin to look for flaws in the evidence that is being used against you—including the results of your field sobriety tests. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.

Common Summer Personal Injuries

Common Summer Personal Injuries

Summer is the season for fun—but unfortunately, it’s also a season that is full of personal injuries. If you want to enjoy the rest of the season, avoid these common summer personal injuries:

Car Accident Injuries

There tends to be more traffic in the summer because of the number of people who are on vacation and teens that are out of school. Many of the drivers that you encounter may be tourists who are visiting your city on vacation, so they may get into an accident because they aren’t familiar with the roads. Other drivers may be teens who don’t have enough experience to make smart decisions behind the wheel. For these reasons, it’s important to be extra careful when driving during the summer.

Swimming Pool Accidents

When the temperatures start to rise, many people in Colorado cool off in a swimming pool. However, a trip to a swimming pool is not always fun in the sun. Swimming pool accidents are serious, and can lead to catastrophic injuries such as brain damage, spinal cord damage, and fractured bones. There are a few things you can do to lower your risk of being injured at the pool. First, be careful when jumping into the pool. It’s best to look for signs that indicate which side is shallow and which is deep before you enter the pool. This is especially important if you have small children with you who aren’t strong swimmers.

It’s never a good idea to swim while intoxicated, so you should also avoid drinking alcohol while at the pool. If you plan on bringing the whole family along, it may be wise to take a CPR class together so you can learn what to do in the event of an emergency.

Boating Accidents

Do you plan on heading out to the water? Summer is the ideal season for boating, but accidents can still occur. Many of these accidents are caused by speeding, intoxication, inexperience, and poor weather conditions. If you plan on operating a boat, remember to use good judgment. Don’t drive a boat unless you are licensed to do so—it’s much harder than it looks. Boat operators should never consume alcohol or drive recklessly, and they should always keep an eye on the weather before leaving the shore.

If you have been injured, seek legal representation as soon as possible. Fall, winter, spring, and summer—the attorneys at Reisch Law Firm are here to aggressively fight for the compensation that you deserve. Schedule a free consultation today by calling 303-291-0555 or filling out this online form.