Denver Legal Malpractice Blog

Was it assault or self-defense?

State statutes regarding self-defense vary widely. Some states are "stand your ground" states that have very liberal self-defense laws on the books whereas others have very limited definitions of what applies in cases of self-defense.

Colorado's laws fall somewhere in the middle, as Colorado is a "make my day" state. That means that homeowners have the right to shoot to kill intruders. However, that does not mean that they can shoot a burglar who is in their yard or on their porch. The burglar or home invader must actually be in the house itself when the homeowner neutralizes the threat with lethal force.

Are you a victim of a conflict of interest?

You were involved in a serious car crash with a local prosecutor. You tried hard to find someone who would be willing to take your case, because you wanted to make sure that you'd get a fair settlement and be able to move on with your life knowing you did all you could to make sure your situation was resolved fairly.

You discovered it was extremely difficult to find an attorney to represent you. Many of them were friends with the prosector with whom you'd been in the accident. Once you did find someone to take the case, you were concerned that they asked you to settle for too little, especially after speaking with an attorney who was from another area. Could you be a victim of a conflict of interest? You may be.

Concussion: A common car accident injury

If you strike your head with great force, the potential of suffering a concussion is very real. This is a serious brain injury that causes a variety of symptoms and calls for professional medical treatment.

The most common physical symptoms of a concussion include:

  • Nausea
  • Vomiting
  • Headache
  • Blurry vision
  • Ringing in the ears

Losing a case and legal malpractice

You go to court with a legal team that seems confident. You think you're going to win. However, the judge rules against you or the jury votes against you, and you lose the case.

Instantly, you start thinking it was legal malpractice. How could your team possibly lose that case? It's going to have a massive impact on your life. Surely, this is their fault and you need to make them compensate you for it. Right?

How to protect against a rear-end accident

When driving, you'll always have concerns about what the person behind you is doing. You hope they're paying attention to the road and watching you closely, but you never know for sure if this is the case.

If the person immediately behinds you stops paying attention, it increases the risk of a rear-end collision. Here are some of the steps you can take to protect against this:

  • Gradually slow down: When possible, bring your vehicle to a gradual stop, as opposed to slamming on your brakes. It's not always something you can do, but watching the road ahead and planning in advance will help.
  • Make sure your brake lights work: Without these, the person behind you may have no warning that you're slowing down. The only thing they can go by is the visual speed of your vehicle, and that's not always easy to calculate.
  • Turn your lights on at night: If you neglect to do this, you're making it difficult for everyone, not just those behind you, to see your vehicle. This goes hand in hand with double checking your brake lights for proper operation.

What does distracted driving look like?

Even if you consider yourself a safe driver, you can probably think about a time when you became distracted behind the wheel. Just the same, if you pay close attention to what's happening around you while driving, you probably won't have to look far to find someone who's not paying attention to the road.

While many people only think about cellphone use in regards to distracted driving, it takes on many other forms including:

  • Eating or drinking
  • Smoking
  • Searching for something in your vehicle
  • Conversing with passengers
  • Daydreaming
  • People watching
  • Adjusting vehicle controls
  • Reading a map

Understanding commingling and its negative effects

You wanted to make sure you placed your assets somewhere they'd be safe. That's why you gave them to your attorney and told them you wanted to open a trust. You did all the paperwork, and you expected everything to be fine.

A year or two later, you went back to the firm and asked to change your revocable trust. The trust was there, but it had never been funded. The attorney you were working with said that they forgot to move the money over from their account, but that drew up an important question in your mind: Why did they have it in their account in the first place?

How do you fight a shoplifting charge?

A shoplifting conviction doesn't sound like that big of a deal but depending on the value of the merchandise, it can result in serious consequences that alter your life for many years to come.

For this reason, it's critical to do your part in fighting a shoplifting charge, as there are defense strategies you can use to get your charges dropped or reduced.

Don’t say these things to your insurer after an accident

In the aftermath of a motor vehicle accident, it's common to put your trust in your insurance company. This is particularly easy to do if you have had a good relationship with your agent for an extended period of time.

Even if you think you can trust your company and agent, saying too much can hinder your ability to receive all the compensation that's owed to you.

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Denver Legal Malpractice Blog | The Viorst Law Offices, P.C.