Blog

Personal Injury Sucess

Mon, 15 Oct 2012 00:00:00 +0000

Our client sustained personal injuries when the vehicle he was driving was struck from the rear by a vehicle driven by the defendant, a friend of his. Both drivers were high school students and were good friends when the accident occurred. The plaintiff, who was 18 at the time, was a high school athlete. As a result of the accident, he lost an opportunity to get a Division 1 college track and field scholarship to a Division 1 college or university. The defendant admitted liability for the rear-end collision but disputed the accident was the cause of the our client’s injuries and damages and disputed the extent of the claimed injuries and damages.

Our client suffered soft tissue injuries to the neck and spine, chronic headaches, vertigo, nausea, sleep disturbance and neck and shoulder pain. He was a high school senior who was on his school’s track team and as a result of the accident he missed the opportunity to compete his senior season. His hopes for a Division 1 college scholarship as a hurdler were dashed because of injuries sustained in the auto collision. He estimated that the scholarship was valued at $40,000. His past medical expenses were $23,701.92. In closing argument, our client requested $173,100 for pain and suffering and no-economic losses.

The last settlement demand from our client was for the limits of the automobile insurance policy, $100,000. The final offer from the insurance company for the defendant was $35,000.

After considering all of the testimony and the arguments of the attorneys, the jury returned a verdict in favor of our client in the amounts of $173,100 for non-economic losses, $23,701.92 for economic losses and $18,500 for physical impairment, for a total award of 215,301.92 plus statutory interest from the date of the accident, September 19, 2008.

We were adamant, as was as our client, that the value of the case exceeded the defendant's policy limits. Because our client had agreed to accept the policy limits, which the insurance company refused to pay, the insurance company paid the entire judgment amount plus interest.

Please contact Jon Bradley at 303-384-9228 or Leslie German at 970-249-4488 to discuss any of your legal needs if you have been injured.

Testamentary Trusts

Wed, 07 Mar 2012 00:00:00 +0000

Parents with minor children will typically also identify guardians for their children should they both die. The designated guardian would be expected to physically provide for the children by providing a home, food, care, guidance and discipline, and all of the other attributes of parenthood

A question will often arise as to whether the trustee or trustees and the guardian or guardians should be the same person or people. If the guardian is also the trustee, the guardian then has access to the trust assets to spend for the needs of the children. If the trustee is someone other than the guardian, then the guardian must ask the trustee for funds to care for the children. Parents must decide whether they want to simplify the process by making the guardian and trustee the same person or whether they want a form of checks and balances by placing control of the trust assets in the hands of someone other than the guardian. Parents should give serious thought to this decision. Do they have a sufficient degree of confidence in the guardian that they do not think the guardian as trustee would misuse the funds, or do they want someone other than the guardian holding the purse strings?

Please contact Jerry Devitt at 303-384-9228 to discuss any of your legal needs regarding Wills and Estate Planning.

Montrose Aniversary

Fri, 07 Oct 2011 00:00:00 +0000

The firm was established in Golden over 50 years ago and the attorneys in the firm have worked hard to build a solid reputation for the firm in Golden and throughout the front range. About three years ago the firm began to explore the idea of opening a second office. After their involvement with clients in Montrose and their knowledge of the area, the firm felt Montrose would be the perfect location for their second office.

The firm reached out to several local attorneys, one of which was John W. Overholser. John is a long-time Montrose resident and practiced law in Montrose for over 40 years before retiring. After hearing the firm’s plans for their new Montrose office, John agreed to come out of retirement and practice again. John brings to the firm years of legal experience on the western slope and a strong bond with the community. John continues to practice in the areas of real estate, development, estate planning, estate administration, business entities and contracts.

Shortly after hiring John the firm hired Leslie M. German. Leslie was eager to work with John and with the firm’s partners to help the firm establish a solid reputation on the western slope.

As a general practice law firm, the attorneys in Montrose and Golden work together to provide the people on the western slope representation in the areas of civil litigation, person injury, medical malpractice, real estate, banking, construction, contracts, estate planning, domestic, collections, and foreclosure.

We want to thank the Montrose community for welcoming our firm and their continued support, and we hope you will consider our firm for your legal needs.

Please contact Leslie German at 970-249-4488 or 303-384-9228 to discuss any of your legal needs in Montrose or on the western slope.

Post Decree Domestic Relations Clinic

Mon, 11 Jul 2011 00:00:00 +0000

The topics that the clinic covers are post decree motions to (a) modify the allocation of parental responsibilities, (b) modify parenting time, (c) modify child support, and (d) to prosecute or defend a contempt citation. The purpose of the clinic is not to advise the attendees on their specific cases, but to provide them with a procedural basis for pursuing their motions on their own. Of course in the course of the presentations, what I have found so far is that it is impossible to completely avoid answering specific questions about the facts on the attendees’ cases. I have tried to direct the questions and answers to more generic and hypothetical situations as much as possible, but there is some case specific discussion.

While it has only been in operation for two months, the clinic seems to be succeeding in its goals and I believe that it will continue to grow as we move forward and gain more experience with it. For future classes we have added attorney Robin Beattie as a sometime presenter. Both Judge Hoppin and I will continue to present at the clinic as well.

Please contact Andrew D. Haas at 303-384-9228 to discuss any of your legal needs regarding domestic relations/family law.

Obtaining Payment through The Colorado Trust Fund Statute

Wed, 22 Jun 2011 00:00:00 +0000

Many construction professionals have experienced instances when those they have contracted with have been paid by others but have failed to pay their obligations to the construction professional. The Colorado legislature attempted to remedy this unfair situation through enactment of the C.R.S. § 38-22-127(1), the “Colorado Trust Fund Statute.” Many are familiar with this statute and the ability of contractors to seek redress in court. Remedies for violation of the Colorado Trust Fund Statute include trebled damages, attorney fees and costs. Unfortunately, many of these same construction professionals expend significant resources obtaining judgments only to be served with a notice of bankruptcy by the non-paying contractor or the individual owners of the company. In such instances construction professionals continue to have options to attempt to remedy this additional insult.