Denver Legal Malpractice Blog

Is it possible to prevent a bicycle accident?

On behalf of The Viorst Law Offices, P.C. on Tuesday, December 10, 2019.

If you live in or around the Denver area, you never have to look far to see someone on their bicycle. Some people commute to and from work or school on their bicycle. Others hit the trails as often as they can.

Regardless of when, how often and where you ride your bicycle, it's important that your safety always come first. More specifically, you want to take as many steps as you can to prevent an accident. Here's where you can start:

Take the bicycle lane: When a bicycle lane is available to you, it's the best and safest place to ride. It doesn't guarantee your safety, but motor vehicles are not supposed to drive here.
Beware of opening doors: Just the same as moving vehicles, those that are parked pose a risk to anyone riding a bicycle. Imagine yourself zooming past a row of parked vehicles. Everything is going as planned, just to see someone a few yards ahead open their door. If you can't quickly get out of the way, you may strike it head on. And even if you're successful in swerving, it could result in an accident with a motor vehicle.
Take special caution at intersections: If you're traveling through an intersection, make note of all the vehicles around you. This includes those coming from the opposite direction, cross traffic and vehicles making a right turn from the same direction.
Don't spook pedestrians: Pedestrians and other bicyclists can cause an accident just the same as a driver. When possible, slow down around pedestrians and cross behind them. If you spook someone, they could leap into your lane of travel, thus knocking you to the ground.
Use hand signals: You don't have turn signals like a car, but you can use your hands to tell others what you're doing. It may feel silly at first, but it can help keep you safe.

Do you know how to prove lost wages?

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Thursday, December 5, 2019.

A car accident has the potential to impact your life in many ways, including your ability to earn a living in the future. And depending on the severity of the accident, it's possible that you'll find yourself out of work for an extended period of time (or even permanently).

While you have the legal right to submit a lost wages claim, keep in mind that your success is tied largely to your ability to provide supporting documentation. This can include but is not necessarily limited to the following:

Wage documentation: In short, you'll want to collect pay stubs and other documentation, such as tax returns, that outlines your income. This will show how much money you were earning before the accident.
Notes from your medical team: It goes without saying that you should only take time away from work if your doctor suggests doing so. You should obtain at least one note from a doctor stating your injuries, treatment, prognosis and how much time you need to take away from work.
Information from your employer: Ask your employer, typically someone in the human resources department, to write a letter that outlines the days you missed from work, your pay grade and your hourly rate or salary. This backs up your wage documentation.

Denver Police arrests a man for shooting from a parking garage

On behalf of The Viorst Law Offices, P.C. posted in criminal defense on Friday, November 29, 2019.

A Denver Police Department spokesperson has identified the 39-year-old man that they believe was responsible for firing shots from within a River North (RiNo) parking structure on Nov. 23. Police allege that he fired as many as nine shots from the Blake and 27th garage that day.

The law enforcement officers who combed the area were easily able to identify their suspect. He was still carrying a Smith & Wesson M&P15 rifle on him when police came across him while searching the area.

Did your lawyer fulfill their obligation to help you?

On behalf of The Viorst Law Offices, P.C. on Tuesday, November 26, 2019.

You hire a lawyer for the same reason that you go to see a doctor. They are professionals who have education and experience in areas that are unfamiliar or confusing for you. You rely on an attorney to make decisions in your best interests that will protect you, just like doctors' medical knowledge can help them diagnose you and connect you with the treatment you need to recover from an injury or illness.

Unfortunately, much like with doctors, lawyers can fail to uphold their duties to the people who hired them. Although most people have heard of medical malpractice, fewer people are familiar with the concept of legal malpractice. Still, legal malpractice happens all the time, whether people recognize it as such or not. If your attorney failed to fulfill their duties to you with serious repercussions, you may have grounds for a legal malpractice claim against them.

Are you more likely to drive drowsy?

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Thursday, November 21, 2019.

Most people understand the steps they can take to prevent drowsy driving. For example, banking your sleep before you get behind the wheel reduces the likelihood of falling asleep.

However, it's easy to lose sight of the fact that some people are more likely than others to drive drowsy. Here are five groups that fit into this category:

Anyone who doesn't get enough sleep: Regardless of the reason, if you don't get enough sleep before driving, even a short distance, you may become drowsy.
Commercial truckers: These people spend countless hours on the road, increasing the risk of them eventually wearing out.
Anyone with a sleep disorder: A sleep disorder can make you think you're getting enough sleep when in all actuality the quality of that sleep isn't very good.
People taking medication: Even if it's prescribed by a doctor and taken appropriately, some medication can result in drowsiness.
Shift workers: For example, if you work the night shift when you're used to working the daylight shift, you may find it difficult to maintain a high level of alertness when driving to and from work.

Common car insurance claim mistakes

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Thursday, November 14, 2019.

You were injured in a motor vehicle accident, have received treatment for your injuries and now realize the importance of filing a claim with your insurance company.

While this sounds simple enough, once you are in the middle of the process, you'll realize that there's a lot working against you. For example, the agent you once trusted may now be looking for ways to payout the least amount of money possible.

Concerned about legal malpractice? How to address your concerns

On behalf of The Viorst Law Offices, P.C. on Sunday, November 10, 2019.

When you hire an attorney, you do so with the idea that they'll assist you with your legal problem in an effective manner based on the terms and conditions of your agreement.

But soon enough you may realize that your attorney is not providing the level of service or professionalism you've come to expect. This may lead you to learn more about filing a legal malpractice claim.

Can you collect for pain and suffering after a car accident?

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Friday, November 8, 2019.

Imagine a situation in which another person's negligence led to a motor vehicle accident that resulted in serious injuries.

This can turn your life upside down, thanks to medical bills, vehicle repair costs and an inability to provide for your family in the future.

How drivers become distracted aside from mobile devices

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Sunday, November 3, 2019.

Drivers can become distracted from a myriad of things other than their mobile device. For as long as cars have been around, drivers have been driving distracted and that's long before mobile phones were invented. Think back to the original car phones. They would plug into the cigarette lighter. It's not just mobile devices that can cause a driver to become distracted.

One of the most distracting things a driver can do is eat while operating their vehicle. One hand will have to be off the steering wheel. If something spills, the driver will likely reach for it or for a napkin to clean it up. If the food is hot, it can burn the driver and lead to an accident.

Safety sense overruled by texting and driving

On behalf of The Viorst Law Offices, P.C. posted in personal injury on Sunday, October 27, 2019.

Texting and driving is easily the most common and often the most dangerous driving distraction. Studies have reviewed many reasons why it is so dangerous, such as the fact that it is a manual, cognitive and visual distraction all rolled up into one.

Researchers have found another reason, though, which they refer to as a sixth sense. They say that it protects drivers even through many types of distraction. They noted things like emotional driving and daydreaming behind the wheel.