The Success of Your Personal Injury Claim Requires Following Physician Instructions

At Donaldson Law, our personal injury attorneys in Denver know how challenging it is for our Colorado residents to return to the active lifestyles they enjoyed before they were hurt in a traffic collision.

One of the best ways to ensure our clients can get their lives back on track is to seek medical care immediately after their injuries occur and to follow all physician instructions thereafter.

The latter is two-fold. First, following all doctor’s orders, including rehabilitation and therapy appointments, will improve your overall physical and emotional condition and strength, and enhance your long-term well-being.

Next, seeking medical care and following all your physician’s directions is the cornerstone of a successful personal injury case, which may allow you to pursue the financial recovery necessary to pay for your medical bills, lost wages, and additional expenses caused by the accident.

Here is why.

Without Medical Records to Support Your Injury and Recovery Needs You May Not Have a Case

Seeking medical care immediately after a personal injury occurs will allow you to identify all your injuries, and with the direction of a professional medical team, create both short- and long-term treatment plans that will allow you to fully recover.

Additionally, the core of any personal injury claim is the injury.

If you do not seek medical care, it will be difficult to prove that you have been hurt, and how severe your injuries are, and the insurance company may deny that you were hurt at all, which means you may not be entitled to financial recovery.

Follow All Treatment Requirements Outlined by Your Medical Team

All personal injuries are unique and depending on the extent of your physical and emotional damages, your recovery timeline will differ from another accident victim.

Based on your medical assessment, you will learn whether your treatment plan will take weeks, months, or require a lifetime of ongoing care.

Once your injuries are diagnosed, and the initial treatment plan is in place, you must follow all your physician’s instructions and referral requirements so that you can heal as quickly as possible and to strengthen your personal injury claim.

If you have questions about how long your medical care will last and how long you should be away from work to fully recover, ask your physician for a treatment timeline, so you can assess your overall needs and approach your recovery with a positive outlook.

Doctors can tailor your treatment plan, adjust medications, or explore options and treatment alternatives, so your long-term care is carefully planned.

Should you stop attending medical appointments and avoid therapy or rehabilitation appointments, the at-fault party’s insurance company will know that you abandoned your care and will insist conclude that your injuries are no longer impacting your quality of life.

Take the Power Away from the Insurance Company

Insurance companies work tirelessly to save their company money by undervaluing or outright denying injury claims, even when their policyholder was clearly negligent in causing the collision that led to your damages.

Documentation of your treatment, rehabilitation, and follow-up visits is the most effective way to recover from your injuries and will also help mitigate common arguments insurance carriers make to avoid paying victims as little as possible.

Contact Our Personal Injury Attorney at Donaldson Law, LLC For Your Free Consultation Today

If you have been injured by another person or party’s negligence, seek medical care right away and contact our personal injury attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation to discuss your case. We will provide the legal tools and resources you need to pursue the negligent party for the best outcome available for your unique case.

Colorado Personal Injury Victims Have Legal Rights to Protect them from Aggressive Insurance Company Representatives

At Donaldson Law, LLC, our personal injury attorneys in Denver understand that when insurance company representatives contact those who have been hurt in vehicle collisions or while on public or private property, the goal is to mitigate their policyholder’s liability for the damages.

Along with a few well-crafted interview questions that often trick unsuspecting injury victims into giving a statement they are not prepared for, nor physically or emotionally stable enough to make, insurance representatives employ many deceptive behaviors to help shift the liability from their office onto the injured party.

The goal, of course, is to avoid paying the settlement amount injury victims may be entitled to, to help preserve their company’s bottom line. Recently, there have been reports that insurance companies are stepping outside of our Colorado statute regarding time limitations on taking recorded statements or offering settlements after an accident with injuries occurs.

Our personal injury attorneys would like our fellow Coloradans to know that they have rights, and do not have to make a statement or agree to an insurance company’s offer until they can make an informed decision about their future. Or, at the very least, until it is legally acceptable for either action to take place.

If you have been injured in an accident, here is what you need to know.

There are Statutes in Place to Protect Colorado Injury Victims

Our Colorado laws explicitly state that if a person is injured under circumstances where another party may be liable, and is under the care of a medical professional, no person or agent of the potentially liable party — which includes their insurance company representatives — may:

  • Obtain or attempt to obtain any statement — either written, oral, recorded, or otherwise — from the injured patient for use in negotiating a settlement or obtaining a release except as provided by the Colorado rules of civil procedure within 15 days of the date the injury occurred
  • Obtain or attempt to obtain a general release of liability from the injured patient within 30 days of the date the injury occurred
  • Negotiate or attempt to negotiate a settlement with the injured patient within 30 days of the date the injury occurred

The statute states that any statement given by the injured party, any general release of liability, or any agreement that is entered during the prohibited periods listed is a violation of the patient’s rights and shall be void and cannot be used as evidence against the interest of the injured party in any civil action relating to the injury.

How Does This Statute Affect My Colorado Personal Injury Case?

The statute is designed to protect the injured from making statements while they are under a physician’s care, so their judgment is not clouded by their pain or the medication they are taking for it. Likewise, it protects injury victims from releasing the liable party, or agreeing to a lesser settlement within days of their injuries occurring, so they have time to obtain appropriate treatment and to understand their rights to pursue the negligent party for the best outcome available for their unique case.

In short, never trust an insurance company representative who tries to take your statement or offers you a settlement within days of your accident. It simply is not legal to do so.

Contact Our Experienced Personal Injury Lawyers in Denver, Colorado for a Free Consultation Today

If you have been hurt in a collision that was caused by a negligent driver, contact our personal injury attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation today to ensure your rights are protected throughout the legal process.

Should I Share My Medical Records with the Insurance Company After an Accident in Colorado?

At Donaldson Law, LLC, our personal injury attorneys in Denver understand many factors can affect the success of your claim inside and outside the courtroom.

The major factor in the pursuit of financial recovery for our clients hinges on their injuries. You must be injured to pursue a personal injury claim.

Depending on the severity of your injuries, that means a team of physicians or specialists will review your injuries, outline the medical care required to return you to the quality of life you once enjoyed, and dictate the length of treatment you need, which could mean taking time away from work.

All things combined, your medical records become the cornerstone of your personal injury claim, which means they should not be shared with anyone who is not your attorney.

Here is why.

Do Not Share Your Medical Records with the Insurance Company After an Accident in Colorado

If you have been injured in a car accident, as a motorcyclist, bicyclist, or pedestrian in Colorado,  the negligent party’s insurance company is going to contact you immediately after the collision occurs to get your side of the story.

This is when the insurance representative will begin building their side of the case by asking questions that may implicate you in the collision.

If they can manipulate your responses to strengthen their case, what do you think they will do with your medical records?

According to the Health Insurance Portability and Accountability Act of 1996, or HIPAA, no one can view your medical information without your written approval.

That includes an insurance company or an attorney.

The difference is, the insurance company has a lot of experience pressing accident victims to sign seemingly unimportant documents, like a blanket release agreement, which will give them access to your complete medical history.

The problem becomes, the insurance company is going to thoroughly review your past and current medical records and use any previous injuries or illnesses against your claim.

They could say that your current injuries were caused by a preexisting condition, previous injuries, or even another accident — besides the one you were in with their policyholder.

Insurance companies want to find any reason to avoid paying for your injuries.

Handing over your medical records may give them the ability to undervalue your claim, or worse, deny it altogether.

Do not sign an insurance authorization form of any kind without speaking with an attorney. We will advise you of your legal rights and options to pursue success, including only giving the insurance company access to your current medical records.

Contact Our Experienced Personal Injury Lawyers in Denver, Colorado for a Free Consultation Today

If you have been hurt in a collision that was caused by a negligent driver, contact our personal injury attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation today to ensure your rights are protected throughout the legal process, so you can pursue the best outcome available for your unique case.

What are the Most Dangerous Roads and Intersections in Denver?

At Donaldson Law, LLC, our car accident attorneys in Denver have successfully represented our fellow residents who have been hurt in collisions caused by the negligent actions and inactions of other motorists.

We handle personal injury claims because we understand that getting hurt in a crash can lead to incredible physical, emotional, and financial challenges. Once we determine how a collision occurred, our clients are often overwhelmed by the fact that the crash did not have to happen.

Our years of experience and dedication to creating legal solutions for our clients reinforce what the Colorado Department of Transportation reports: 85% of all traffic crashes in Denver are preventable.

Part of our commitment to our Colorado communities is providing tips and resources for our fellow motorists, motorcyclists, bicyclists, and pedestrians to help keep them safe as they travel throughout the Denver metropolitan area.

To follow is a list of some of our city’s most dangerous roads and intersections.

Where are the Most Dangerous Intersections and Roadways in Denver, Colorado?

The Denver Metro area has consistently outpaced the national growth rate every decade since the 1930s, and currently has a population of more than three million people.

By 2030, the population is anticipated to increase to more than 3.6 million.

More people mean more traffic and, unfortunately, more collisions — especially at our city’s most dangerous intersections.

They include:

  • 20th and Market
  • Central Park Boulevard at East Martin Luther King Boulevard
  • West Alameda Avenue and South Santa Fe Drive
  • Blake Street and 20th
  • Downing Street at East Colfax
  • North Lincoln and East Colfax
  • West 6th Avenue and North Kalamath Street
  • North Quebec Street and East Martin Luther King Boulevard
  • Quebec Street at East 36th Avenue
  • South Colorado Boulevard at East Alameda Avenue
  • West Colfax Avenue at Kalamath Street
  • South University Boulevard and East Asbury Avenue
  • North Broadway and East 13th Avenue
  • Speer Boulevard at Auraria Parkway
  • West Alameda Avenue at South Federal Boulevard
  • West Colfax Avenue at Speer Boulevard
  • West Evans Avenue at South Federal Boulevard

How Can I Avoid Being Involved in an Accident at these Dangerous Intersections?

Knowing the rules of the road can help all motorists avoid accidents, which also means following the speed limit, and putting your phone or other electronics down while driving.

Unfortunately, even when drivers are doing all they can to drive defensively, negligent drivers are sharing our roadways and using the same intersections as the rest of us.

Paying attention to your surroundings, and safely sharing the road with other motorists can decrease your chances of being involved in a collision, so do your best each time you are behind the wheel.

If you have been hurt in a collision that was caused by a negligent driver, contact our personal injury attorneys in Denver, Colorado at Donaldson Law, LLC by calling 303-458-5000 or contact us online to schedule a free confidential consultation today to learn about your legal rights and options to pursue the necessary recovery for your injuries.


The Colorado Ski Safety Act

Colorado is home to some of the most popular ski resorts in the country. It is not surprising, therefore, that Colorado has a set of laws in place that lay out the responsibilities of both skiers and ski resorts. If a ski resort or a skier is found to be in violation of one of these laws, and an accident occurs, an injured victim may be entitled to compensation. 

An Overview of the Ski Safety Act 

The Ski Safety Act was enacted in 1979. The stated purpose of the act is to establish reasonable safety standards for operating ski areas. This includes imposing responsibilities on the skiers that use the various ski areas in Colorado.

Violations of the Ski Safety Act may result in a negligence action if damage to property occurs or if someone is injured. 

The Ski Safety Act and Rules Regarding Ski Lifts 

Ski lifts are a necessity for any ski resort. However, using a ski lift is not without risk. The Ski Safety Act lays out certain rules and prohibitions regarding the use of ski lifts.

First, passengers should not board a ski lift or get off of one in any location except for designated entrance and exit areas.

Additionally, passengers are prohibited from throwing any item off of a ski lift or acting in any way that could cause injury to another individual.

Ski resorts are required to have posted instructions near ski lifts as well. Passengers must follow these instructions, as well as the verbal directions from ski resort employees.

Skiers should never try to get on closed ski lifts.

Finally, skiers should not place objects in the way of a ski lift if doing so could cause another skier to fall down.

Responsibilities of Ski Resorts

Ski resorts also have duties to skiers and other individuals that come onto the property.

First, ski resorts are required to have signs posted that designate ski lift entrances and exits, as well as the weight capacities of these lifts. In addition, there must be signs that list emergency procedure information and other details listed in section 33-44-106 and 107 of the Ski Safety Act.

Ski operators are required to inspect lifts each day before opening.

Every lift ticket is required to have the following warning printed on it:

Under Colorado law, a skier assumes the risk of any injury to a person or property resulting from any of the inherent dangers and risks of skiing and may not recover from any ski area operator for any injury resulting from any of the inherent dangers and risks of skiing, including Changing; weather conditions; existing and changing snow conditions; bare spots; rocks; stumps; trees; collisions with natural objects, man-made objects, or other skiers; variations in terrain; and the failure of skiers to ski within their own abilities.

Snowmobiles and snow-grooming vehicles used by the ski operators must have visible lights on them.

If a skier is acting reckless or careless, the ski operator has the right to revoke that skier’s privileges. It should be noted that ski operators have no legal duty to skiers who ski out of bounds. 

Skier Duties 

Skiers also have a host of duties as they ski in Colorado:

  1. First, they are required to watch their speed and keep a proper lookout, especially while skiing downhill. Skiers are expected to ski within their abilities and limits and follow posted signs.
  2. Skiers must stay off of closed trails and steer clear of any equipment located on these trails.
  3. Other requirements are listed in section 33-44-109 of the Ski Safety Act. 
  4. Skiers who violate the Ski Safety Act may be found guilty of Class 2 petty offense and charged a fine of up to $1000. 

Filing a Negligence Claim

If a ski operator or another skier was negligent and caused your injuries, you may be entitled to compensation. There is a two-year deadline to file a claim.

To prevail in a negligence claim, the injured victim must prove three things:

  • The at-fault party had a duty to the victim;
  • The at-fault party breached that duty with a negligent act; and
  • The victim suffered damages as a direct result of the at-fault party’s negligence. 

Violations of the Ski Safety Act that result in injuries are considered negligence.

If an individual prevails in a negligence claim, that individual may be entitled to:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Damages for permanent physical impairment or disfigurement
  • Emotional distress 

To prove a negligence claim, experienced Colorado ski accident injury attorneys submit a variety of documents, such as medical records, medical bills, employment records, photographs, video surveillance footage, ski operator incident reports, ski accident reports, and eyewitness statements.

Attorneys are able to help those injured in ski accidents by pursuing all damages on behalf of their clients so that these individuals may focus on recovering from their injuries. In addition, attorneys are able to discuss the claim with experts as needed to strengthen the case. 

Call Jennifer Donaldson Today to Discuss Your Ski Accident Claim

Denver personal injury attorney Jennifer Donaldson is experienced in ski accident claims and other injury claims that arise at ski resorts. To schedule a free consultation, contact us at 303-458-5000.