Anderson Hemmat and Levine Blog

Justice for victims begins here

EMPLOYER RESISTING YOUR WORK COMP CLAIM? Could Be The Best Thing For Your Bottom Line.

A Familiar Story
A salesman for a manufacturing company has an early morning customer meeting and needs to swing by his office to pick up updated order forms. His regular days in the office are Tuesday and Thursday. His sales call days are Monday, Wednesday and Friday. On this day, it happened to be a Friday. [...]

IS IT MALPRACTICE OR IS IT SOMETHING MUCH EASIER TO WIN?

When doctors make a mistake and a patient dies, that is a medical malpractice case. As clear as that case might seem, by the time the case rolls into trial, the case, the applicable law, and the medicine is anything but clear.
DIFFICULTIES OF A MED MAL CASE
In fact, percentage-wise, nearly every clear cut medical malpractice [...]

NOT WEARING A SEATBELT: Should you give up on getting justice? CRS § 13-21-111

The answer is yes, but ONLY if you listen to what the insurance company tells you.
In fact, Colorado Statute § 13-21-111 essentially says that if you get hurt in an accident and you were not wearing your seatbelt, then the jury gets to reduce the amount of money the at-fault driver must pay you.  Sometimes [...]

UNSAFE AT ANY SPEED: Being a Safe Driver is Only Part of the Challenge.

Last week, I listened to top American and Japanese executives express remorse over the defective gas pedal acceleration issue which appears to plague nearly all of Toyota’s recently built models.  It got me thinking about how this story developed.
A PATTERN
Some years ago, a small number, but remarkably similar, complaints were reported by Toyota owners.  These complaints [...]

NURSING HOME NEGLIGENCE: A Checklist of Red Flags

Nursing homes are a vital and necessary part of the health care provider system.  There are many fine nursing homes with staff that do the work of angels. This article should in no way serve to tarnish the good work of those institutions or their staff.  However, there are good and bad professionals in every [...]

THE CALCULUS OF PERSONAL INJURY FROM “O” to “T”: and why lawyers need to look beyond them

In continuance of our series, this week we will look at variations of police/emergency personnel involvement as well as some classic drunk driver scenarios.
O)    ACCIDENT WHERE POLICE ARIVE / Filed Report = OK Case
The police report is helpful in proving what happened at the scene and you should always insist that the vehicles stay put [...]

THE CALCULUS OF PERSONAL INJURY FROM “I” to “N”: and why lawyers need to look beyond them

As we continue our series, this week we will consider variations of Rear-end collisions. These “rules of thumb” are sure to surprise some of our readers. 
I)    REARENDED by a Co-Worker = O.K. Work  Comp Case / No Case Against the Driver
Surprise! Generally rear-end cases are easy open and shut, however, Workers’ Compensation exclusive remedy kicks [...]

THE CALCULUS OF PERSONAL INJURY FROM “D” to “H”: and why lawyers need to look beyond them

This week we continue our series divulging trade secrets of personal injury attorneys.  These “rules of thumb” used by attorneys are sure to continue surprising you.
D)    SLIP AND FALLS/ grocery store= Generally Bad Case
Juror perceptions are that most “slip and falls” are the work of con-artists.  Getting good witness information, immediately reporting the fall and filling [...]

THE CALCULUS OF PERSONAL INJURY FROM A TO Z: and why lawyers need to look beyond them

There are certain general “rules of thumb” in injury cases that lawyers use to quickly determine whether a case has merit or not.  Most attorneys use these “rules” whether they recognize it or not.  If you have had the experience of a lawyer losing focus when he should be listening to how you were injured, [...]

SEATBELTS DONT JUST SAVE LIVES – THEY CAN ALSO SAVE YOUR CASE

Colorado law, C.R.S. § 42-4-237, requires that passengers and drivers of automobiles must wear seatbelts. You can even get a ticket for not wearing your seat belt. But, there is a lesser known cousin of the “seat belt required” movement that people often learn about after it’s too late – the civil consequences of being [...]