The Viorst Law Offices, P.C.The Viorst Law Offices, P.C.2026-06-15T17:31:34Zhttps://www.viorstlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1303813/2024/06/cropped-viorst-site-icon-32x32.pngOn Behalf of The Viorst Law Offices, P.C.<![CDATA[Should you seek medical care after a minor car crash in Colorado?]]>https://www.viorstlaw.com/?p=494322026-06-11T11:29:40Z2026-06-11T11:29:40ZWhy do some injuries and symptoms take time to appear?
After a car accident, your body releases adrenaline and endorphins. These chemicals can hide symptoms of pain and injury. As a result, you may feel fine at first, even if you are actually hurt. What appears minor today could develop into a serious problem tomorrow.
Many soft tissue injuries, whiplash and concussions do not show immediate symptoms. You might feel perfectly normal at the scene of the accident, only to wake up the next morning with severe neck pain, headaches or dizziness. Some injuries, such as internal bleeding or brain trauma, can be life-threatening if left undiagnosed.
Medical professionals have the training and equipment to detect hidden injuries that you cannot see or feel right away. A thorough examination can identify problems before they become serious complications.
Why should you pursue medical care early?
Seeking prompt medical attention creates an official record of your injuries. Documentation becomes important if you later need to file an insurance claim or pursue compensation for your injuries. Insurance companies often question injuries that were not recorded immediately after an accident.
If you wait to get medical care, insurance adjusters may question your injuries. They may argue that the accident did not cause your injuries or that your injuries are less serious than you claim. They may also suggest that another event caused your pain or that you would have sought treatment sooner if you were truly injured.
What are the time limits for pursuing a claim in Colorado?
Colorado law establishes specific deadlines for filing personal injury lawsuits following car accidents. In most cases, you have three years from the date of the accident to file a claim seeking compensation for your injuries.
While this may seem like a generous timeframe, waiting too long to seek medical care or legal guidance can significantly weaken your case. As time passes, evidence can disappear, witnesses may forget important details and proving that the accident caused your injuries becomes more difficult.
Keep in mind that Colorado also uses a modified comparative negligence system. This means that if you are partly at fault for the accident, the court can reduce your compensation by your share of responsibility. However, if you are 50% or more at fault, you generally cannot recover any damages.
Prompt action can protect your interests
After a car accident in Colorado, seeking prompt medical care protects both your health and your ability to pursue compensation. Early treatment documents your injuries, strengthens your claim, and helps prevent disputes about what caused them. By acting quickly, following your doctor’s advice and keeping track of legal deadlines, you can protect your compensation claim.]]>On Behalf of The Viorst Law Offices, P.C.<![CDATA[What are the most common surgical errors that lead to malpractice claims?]]>https://www.viorstlaw.com/?p=494252026-05-21T09:33:21Z2026-05-14T09:29:50ZWhat surgical mistakes happen most frequently?
Several types of surgical errors happen too often in operating rooms across the country. Wrong-site surgery tops the list. This is when a surgeon operates on the wrong body part or even the wrong patient. You might also face situations where surgeons leave surgical tools or sponges inside your body after the procedure is complete.
Other common errors include performing the wrong procedure entirely, damaging nerves or organs that were not part of the planned surgery and giving improper amounts of anesthesia. Infections caused by unclean conditions or poor after-surgery care also fall into this category. Each of these mistakes can have grave consequences for your health and quality of life.
Why do these errors qualify as malpractice?
Medical errors occur when healthcare professionals do not follow proper treatment standards for their field, which results in patient harm. Surgical errors often meet this definition because they are typically preventable mistakes that a competent surgeon would not make under similar circumstances.
Many surgical errors occur due to poor communication among surgical team members, fatigue, inadequate planning, or failure to follow established safety protocols. When these preventable mistakes cause you harm, you might have grounds to consider your legal options.
If you believe you have been the victim of a surgical error, it is important to gather all your medical records and document everything related to your procedure and recovery. You may want to seek a second medical opinion to understand what went wrong and how it has affected your health. Taking these steps can help you better understand your situation and determine what options might be available to you moving forward.]]>On Behalf of The Viorst Law Offices, P.C.<![CDATA[What if my lawyer missed a filing deadline in my case?]]>https://www.viorstlaw.com/?p=494202026-04-20T13:38:50Z2026-04-20T13:38:50ZYou hired an attorney to handle an important legal matter. You trusted them to protect your rights and meet all necessary deadlines. Then you discover they failed to file critical documents on time. This mistake might have destroyed your ability to pursue your case and left you without the compensation or relief you deserved.
Why missed deadlines matter so much
Filing deadlines create hard cutoffs that courts rarely forgive. Missing these dates can have serious consequences for your legal rights:
Case dismissal: Courts typically dismiss cases when attorneys miss statutes of limitations, which means you lose your right to sue permanently even if you had a strong claim.
Lost appeals: Missing an appeal deadline usually means you cannot challenge an unfavorable verdict or judgment, leaving you stuck with a bad outcome.
Default judgments: Failing to respond to lawsuits on time can result in automatic losses where the other side wins without you getting to present your case.
Waived defenses: Missing deadlines to raise certain legal defenses often means you cannot use those arguments later to protect yourself.
Blown opportunities: Discovery deadlines and motion filing dates that pass can prevent you from gathering evidence or making important legal arguments.
Colorado law holds attorneys to professional standards that include managing calendars and meeting critical dates. Missing a deadline often falls below what reasonable attorneys do in similar situations.
Proving your lawyer's mistake cost you
Legal malpractice cases involving missed deadlines require you to show what you lost. You must prove you had a valid underlying case that would have succeeded if your attorney filed on time. This requirement means demonstrating both that your original claim had merit and that you likely would have won or obtained a favorable settlement.You also need to show actual damages from the missed deadline. Courts want to see the financial harm you suffered because your attorney's error destroyed your case. The challenge is that you essentially must prove two cases at once: the malpractice itself and the underlying case your attorney ruined. Legal guidance can help you understand whether your situation meets these requirements and whether pursuing a malpractice claim makes sense.
]]>On Behalf of The Viorst Law Offices, P.C.<![CDATA[Watch out for these barriers in Colorado personal injury cases]]>https://www.viorstlaw.com/?p=493662026-03-09T14:40:38Z2026-03-09T14:40:38ZDeadlines and notice rules
It is important to start filing as soon as you are able. In Colorado, one of the biggest barriers that come with filing personal injury claims is the deadlines. Many claims follow a two-year statute of limitations under Colorado Revised Statutes Section 13-80-102. Similarly, many auto-related injury claims use a three-year deadline.
However, in some special cases, these deadlines may change. For example, when filing a claim against government defendants, you often must file a written notice within 182 days under the Colorado Governmental Immunity Act, Colorado Revised Statutes Section 24-10-109.
Deadlines exist because waiting too long means you may lose access to key evidence like surveillance footage and vehicle data. Witnesses may also forget or move to different locations, making them unable to testify.
Fault disputes
Another barrier to consider includes disputes and arguments over who caused what, as well as which parties are responsible for an accident. Colorado uses modified comparative negligence under Colorado Revised Statutes Section 13-21-111. If you are found to be 50% or more at fault for an accident, you may become ineligible for recovery.
On the other hand, if you are found to be less than 50% at fault for an accident, the court will instead reduce your damages by your percentage of fault. For example, if you are 20% responsible, you lose 20% from the amount you can recover.
Damage limits
Colorado also places a limit on many non-economic damages, such as pain and suffering. Specific limitations can be found under Colorado Revised Statutes Section 13-21-102.5, though these vary from case to case.
These caps can affect settlement value, so you should estimate your total losses early and keep records that support pain, daily limitations and reduced quality of life. Economic damages like medical bills and lost income usually follow different rules and often require strong documentation.
Medical records
Gaps in treatment, missed follow-ups and inconsistent statements can give insurers a clean way to argue you healed quickly or you never had a serious injury. Tell your providers about every symptom and limitation so the chart matches what you later claim. Keep copies of bills, treatment plans, and work restrictions. Insurance companies may use missing paperwork to lower your claim or question the cause of your injury.
Overcoming hurdles in Colorado personal injury cases
Colorado personal injury claims can rise or fall depending on timing and documentation. Act early, preserve evidence and track every expense and symptom to ensure your recoverable damages do not devalue. Expect arguments about who is at fault for the accident and be ready to explain clearly how the injury affects your daily life.
It is important to stay consistent with your medical care and follow treatment plans to strengthen credibility. By familiarizing yourself with your rights and knowing what problems to address, you can take extra steps to strengthen your claim and move forward with confidence.]]>On Behalf of The Viorst Law Offices, P.C.<![CDATA[4 elements of legal malpractice you need to prove in Colorado]]>https://www.viorstlaw.com/?p=493642026-02-06T10:57:33Z2026-02-05T13:08:08ZTo move forward with your legal malpractice claim in Colorado, you must prove four essential elements. Each element plays a critical role in building your case. Thus, understanding these requirements is the first step toward seeking justice.
Establishing an attorney-client relationship
The foundation of any malpractice claim begins with proving a formal attorney-client relationship existed. This relationship creates a legal duty for your attorney to provide competent representation. You can prove this through a written fee agreement or documented communication. Once you establish this relationship, you can move forward to demonstrate how your attorney failed you.
Showing your attorney failed to meet standards
After establishing the relationship, you must demonstrate that your attorney breached their duty of care. This means proving they failed to exercise the skill and diligence that other competent attorneys would have used. A breach goes beyond a simple unfavorable outcome. You need to show clear negligence, such as missing critical deadlines or failing to investigate properly. However, proving negligence alone is not enough, you must also show it caused your harm.
Connecting the breach to your loss
Once you prove the breach, you must then establish causation between the attorney's actions and your harm. This often requires showing a "case-within-a-case." You need to demonstrate that you would have achieved a better result if your attorney had not been negligent. This crucial element connects the breach directly to your losses. Beyond proving causation, you must also quantify what you lost.
Documenting your financial harm
The final element requires proving actual damages. You need to show measurable financial losses resulting from your attorney's negligence. Without demonstrable harm, even clear negligence may not support a malpractice claim. You may also need to prove that any potential judgment would have been collectible. Thus, understanding all four elements reveals why these cases require specialized legal knowledge.
The complexity of proving your case
Each of these elements presents its own challenges and requires careful documentation. The "case-within-a-case" requirement alone can be difficult to navigate without experience in legal malpractice matters. Many people find that having knowledgeable guidance makes the process clearer and more manageable.]]>On Behalf of The Viorst Law Offices, P.C.<![CDATA[What does medical malpractice look like?]]>https://www.viorstlaw.com/?p=493562026-01-14T15:18:04Z2026-01-14T15:18:04ZCommon examples of medical malpractice
There are four elements of medical malpractice – the duty owed by a health care provider, the duty breached, the injury caused as a result and the fact that the patient suffered the injury. In Colorado, there are many actions and errors a medical professional can make that fall under malpractice, including:
Misdiagnosing a condition or illness
Misinterpreting your results
Failing to check for allergies
Using too much or too little anesthesia
Operating on the wrong body part
Performing the incorrect procedure
Leaving surgical tools inside a patient
Prescribing the wrong medicine
Administering the incorrect dosage of medicine
If you sustain injuries from the negligence and mistakes of someone supposed to take care of you, you are eligible to receive financial compensation. This is accomplished by gathering evidence of your injury and filing a lawsuit. It is worth noting that in Colorado, the statute of limitations for medical malpractice is two years.
Receiving compensation for medical malpractice
In Colorado, medical malpractice is not considered a crime, but it is a form of negligence. You can file a lawsuit against a medical professional who fails you. Medical malpractice has the potential to be dangerous and even life-threatening, depending on the gravity of the error. Filing a lawsuit allows you to receive financial compensation if a health care provider’s errors injure you or make existing health conditions worse.]]>On Behalf of The Viorst Law Offices, P.C.<![CDATA[What to remember when interacting with the police in Colorado]]>https://www.viorstlaw.com/?p=493532025-12-17T11:43:44Z2025-12-16T15:51:59ZWhat to do when speaking with a police officer
In order to stay safe, it is important to mind your conduct, as well as your rights when confronted by a police officer. Remember these practices when interacting with the police:
Always be polite and respectful to the officer
Avoid making rude comments
Clear your mind and do not panic
Always give your real name and identity
Show your ID if they ask for it
Sign a ticket if you are given one to prove you are not admitting your guilt
Respect warrants when they are presented
In the event that a police officer is rude to you, it is important to be polite and respectful. Do not argue with them or make hostile remarks, even if they do not extend the same courtesy to you. You can always file a complaint about their behavior after your interaction, but consult an attorney before doing so.
What are your rights?
Remember what your rights are when a police officer stops you and asks questions you are not comfortable answering. In Colorado, you can refuse to answer most questions the police may ask, though you will have to answer in the event they ask about your identity. Keep these rights in mind when interacting with the police:
You have the right to remain silent: You can say you do not wish to answer questions.
You have the right to legal representation: You can state that you will not speak without an attorney.
You have legal protection from unlawful searches and seizures: You can refuse police searches of your person, your car or your house unless the officer has a warrant, though the police can still conduct pat-downs. You can also deny an officer from entering your home unless they have a warrant to do so or under special circumstances.
It is a good practice to know your rights if you want to protect yourself. Your rights allow you to ensure that your interactions with the police remain within the boundaries of the law.
Seeking legal guidance
Police misconduct is a problem that is difficult to prevent completely, which means it may be beneficial to consult a legal professional to help you understand your rights. An attorney can assist you with navigating and understanding complex laws.]]>On Behalf of The Viorst Law Offices, P.C.<![CDATA[Denver jury awards nearly $20M to 6 hurt in LoDo police shooting]]>https://www.viorstlaw.com/?p=493522025-12-04T10:12:18Z2025-12-04T10:12:18ZA Denver jury awarded $19.75 million to six bystanders struck by gunfire when former Denver Police Officer Brandon Ramos opened fire on a crowded LoDo street in July 2022. The victims suffered severe injuries and long-term trauma. Viorst Law represented two of the plaintiffs in the LoDo shooting, and the verdict highlights constitutional limits on police use of force in crowded public places.
What happened in LoDo on July 17, 2022
The shooting happened around 1:30 a.m. as bars closed on the 20th block of Larimer Street. Officers approached a man, Jordan Waddy, who they believed was armed. Video later showed crowds gathering around food trucks and sidewalks full of late-night traffic.Three officers discharged their weapons, but Ramos fired multiple shots directly into the crowd. Six bystanders were hit. Five by bullets and one by shrapnel. None of the six posed any threat. Ramos later pleaded guilty to third-degree assault and received probation. His peace officer certification was also revoked.Life changed instantly for the victims. Physical injuries, financial strain and ongoing trauma followed them for years. They sought justice in federal court through civil rights claims under 42 U.S.C. § 1983, alleging that Ramos used excessive force in violation of the Fourth Amendment.
Why the legal issue mattered
At the heart of the event was a basic constitutional question: when is an officer’s use of force excessive? To win, plaintiffs must show the officer’s actions were not objectively reasonable and the force exceeded what the situation required. In this case, evidence showed Ramos fired into a crowd with no immediate threat. Jurors heard about the damage inflicted to innocent people, so they returned a verdict reflecting the harm and the officer’s recklessness.
What this verdict means for Colorado residents
For many Colorado residents, especially those who have experienced police misconduct, civil rights lawsuits do more than compensate victims. They expose dangerous practices, reveal training failures and push departments toward safer policies.Victims often feel overwhelmed and unsure of their options. This verdict shows that, when the facts support it, a courtroom can still hold powerful institutions accountable. So if you or someone you care about has faced police misconduct in Denver, Colorado Springs or anywhere in the state, contact a qualified lawyer right away. Remember, your civil rights exist not just to win you justice but to protect your community.]]>On Behalf of The Viorst Law Offices, P.C.<![CDATA[Can I file an emotional damage claim for legal malpractice?]]>https://www.viorstlaw.com/?p=493432026-04-06T15:07:50Z2025-11-21T08:38:00ZLawsuits and litigation often bring stress to everyone involved. You trust your attorney to manage your case with skill and care and when they fail to do so, it can devastate you both financially and emotionally.
Imagine losing your personal injury case simply because your lawyer missed a critical filing deadline. Beyond losing compensation for your injuries, you also suffered from anxiety, sleepless nights and a deep sense of betrayal.Now you’re wondering, can you claim relief for your emotional suffering? The first step towards answering your question lies in understanding what emotional damages cover.
Understanding emotional damages
Emotional damages are non-economic damages that address harm beyond measurable and financial losses. Courts usually award them in personal injury cases when you suffer from intense pain and suffering due to someone else’s negligent actions. Simply put, a claim for emotional damage compensates you for your psychological pain. They recognize that harm caused by negligence extends beyond just your back account. Thus, you deserve acknowledgement and relief for your mental and emotional suffering. However, these claims may not always apply to all cases. The rules can change especially if you are facing a legal malpractice claim.
How it applies to legal malpractice cases
Unfortunately, you face significant barriers when seeking emotional damages in legal malpractices cases. Colorado courts typically do not allow compensation for emotional distress in these situations. Instead, the law focuses on the financial losses your attorney’s negligence caused. However, there may be some exceptions to this case. If your lawyer’s misconduct created an unreasonable risk of bodily harm, then ground for an emotional damage claim may be considered. These cases are rare but are still worth looking into if you want to explore your legal options.
Exploring your legal options
You may feel hesitant about trusting another attorney after your experience. This reluctance is understandable. Your previous legal counsel did not deliver as expected, and it can be challenging to overcome that negative experience.Despite these concerns, consulting with a legal malpractice attorney remains your best option. You deserve fair compensation for the harm you suffered. A qualified lawyer can help evaluate your situation and help you pursue the relief that you deserve. Taking this step allows you to hold negligent attorneys accountable and begin your journey towards recovery.]]>On Behalf of The Viorst Law Offices, P.C.<![CDATA[3 things to know before talking to an insurer after an accident]]>https://www.viorstlaw.com/?p=492732025-10-13T13:55:48Z2025-10-13T13:55:48ZAfter a crash, it is normal to want to move forward quickly, especially when the insurance company calls. But what you say early on can affect your claim more than you realize. Before you speak with an insurer, know these three key points about your rights under Colorado law and how to protect them.
1. Insurance companies protect their own interests
Adjusters may seem friendly, but they focus on paying out as little as possible. They often ask questions that downplay your injuries or actions, which can reduce the value of your claim.
2. Recorded statements can work against you
A recorded call may sound harmless, but it can later challenge your claim. Even small comments about pain or how the accident happened can misrepresent your situation. You can wait to give any recorded statement until you speak with an attorney or review your medical condition fully.
3. The first offer rarely covers everything
Insurers often make early settlement offers that seem fair but leave out some losses. Once you accept, you give up the right to ask for more, even if new symptoms appear or treatment costs rise. Review all medical records, lost income and long-term needs before considering any settlement.The first conversations after a crash can shape your recovery and financial stability. Taking a slower, informed approach often leads to stronger and fairer outcomes.
Safeguarding your rights after an injury
If you feel pressured or unsure what to say, reach out for legal guidance. A Colorado attorney who handles accident claims can help you communicate with insurers while you focus on your health and recovery.]]>