A recent case from the Colorado Court of Appeals, Geico v. Collins, analyzes the issues that may present themselves after an auto or motorcycle accident when spouses are undergoing a divorce. In this case, Mr. Collins was injured in a motorcycle accident with an underinsured motorist. He then sought underinsured motorist coverage under an insurance policy issued by Geico to his wife, who was in the process of divorcing him, at the time of the accident. The insurance company denied the coverage because Mr. Collins was not a “resident relative” under the policy since he did not reside in the same home as his wife at the time. The court had to look at whether “spouses may be considered residents of the same household for purposes of insurance coverage when, although they remain married, they live apart.” The court concluded on that issue, that yes they could, but it was dependent on the circumstances of the case.
The case of Donovan Duran is a tragic one. Donovan, our client, was an aspiring MMA fighter, who one night in December of 2015, after being taken into custody by the La Junta police, was paralyzed while in police custody. His injuries occurred when an officer pulled him out of a police vehicle onto his head. He was rushed to a medical center, where he learned his spinal cord had been crushed. He is now paralyzed. This information was released in a grand jury report that came out this May.
You may have heard that victims and families of victims of the Aurora movie theater shooting filed a lawsuit against Cinemark for the 2012 shooting. In May of 2016 the case went to trial and the six person jury came back with a decision—the theater was not liable. You may be asking questions like “How could the theater be responsible in the first place? They didn’t pull the trigger.” Or maybe you’re asking yourself “Why wouldn’t they be liable? Couldn’t they have done more to prevent such a tragic incident from happening?”
Last Wednesday, David McDivitt had the honor of attending Centennial Elementary School’s Kindergarten Promotion. Attending the ceremony was a wonderful reminder of how the law firm has gotten to see these kids grow this year.
I came across an article recently from the ABA Journal discussing how personal injury lawyers are turning to neuroscience to back claims of chronic pain in their clients. Chronic pain is often defined as any pain lasting more than 12 weeks; however, there is no test that can measure or pinpoint the location of pain with any precision. Common chronic pain areas include headaches, low back pain, cancer pain, arthritis pain, neurogenic pain, and psychogenic (psychological) pain.
If you happened to catch the FX series, The People v. O.J Simpson: American Crime Story, you were probably reminded, or even learned, that O.J. Simpson was not convicted of murder, but later on was held legally responsible for the deaths of Nicole Brown Simpson and Ronald Goldman. How did that work? Well, there is a difference between criminal cases involving homicide and civil cases concerning wrongful deaths. Therefore, someone can be found not guilty of murder, but responsible for someone’s death in a civil suit. Let’s look a little more in depth at these differences.
The Team here at McDivitt Law Firm knows how traumatic and life-changing an auto accident can be. Unfortunately, car accidents are very common, but there are ways to decrease your chances of getting into one. The best way to avoid getting in a car crash is to practice safe driving habits. So, we’ve come up with a list of 10 tips to prevent an auto accident, and here they are:
Living in a place like Colorado, you may own some type of recreational vehicle, perhaps an RV for long trips or camping, or maybe an off-road vehicle for those less travelled spots. In that case, have you thought about what type of insurance you need?
Summer will be here in no time at all, and that means it’s already bicycle weather. With so many days of sunshine in Colorado, you know people are getting on their bikes to enjoy this weather and see what our great state has to offer. However, as much as many of us enjoying hitting the trails or the road, we probably don’t always think of the liability we may face in the case of a bike accident. As such, I recently spoke with someone over at KRDO about this very issue. You can view the interview below.
The maker of Pradaxa®, Boehringer Ingelheim Pharmaceuticals, faces a new wave of lawsuits for its billion-dollar revenue maker. Pradaxa, one of many new anti-coagulants on the market, has been linked to serious health risks, including death.
If you use Snapchat you may be familiar with one of its more popular filters that indicates your speed at the time you snap a photo. And for those of you who don’t use the app, once you take a picture you can add a filter to it, one which will post the m.p.h. you were moving at the time of the shot. You have to be moving for it to work, so one can imagine that this filter is pretty popular in indicating how fast a person is going at the time of the snap. It’s the perfect storm for a car crash, and that is exactly what some say happened in an auto crash near Atlanta, Georgia.
Colorado set a sad record in 2015. For the first time in its history, there were more than 100 motorcycle deaths in a year, according to a recent article from the Denver Post. Preliminary data from CDOT has 106 motorcycle fatalities in 2015. That’s an 11.7 percent increase from 2014 and a 20 percent increase from 2013.
By now you’ve probably heard about the new technology concerning self-driving cars, and if you haven’t, that’s ok too, because here’s a little bit of information. Self-driving cars may sound like a futuristic fantasy, but they actually exist right now. In fact, Google currently operates these vehicles in California, Texas, and Washington. A self-driving car uses a computer to operate the car; no human interaction needed other than to program your drive.
A recent press release from the Consumer Federation of America (CFA) comments on how auto insurance companies charge good drivers as much as 47 percent more for basic liability auto insurance if they don’t own their home! Based on an analysis by the CFA, it found that premiums average 7 percent higher (about $112 per year) for drivers who rent instead of own homes. This is a disadvantage for many people, since low-to-moderate income individuals are usually the ones to rent. Thus, they are the ones paying more for auto insurance.
May is Motorcycle Awareness Month, so I wanted to take the time to go over some biases people may have about motorcyclists so that we may all be more conscious about motorcyclists on the road. As more motorcyclists hit the road when the weather turns nicer, remember the saying: “Share the road.” Additionally, it is important to note that biases may affect motorcyclists trying to get compensated after a crash.
Summer is upon us, and nice weather hopefully means your kids are getting outside enjoying the sun and the fresh air. As such, they may be out enjoying and playing on a jungle gym or playground. Unfortunately, while this activity can be a fun time, children can be seriously injured while climbing and playing.
Last Thursday, McDivitt Law Firm celebrated Bring Your Kids to Work Day with a lot of fun activities and learning experiences. McDivitt was excited to again host such a wonderful event, with this year’s theme being the Pixar movie, Inside Out. As part of the day, McDivitt planned many activities for the children to participate… Read more »
McDivitt Law Firm is pleased to offer free cab rides home on the evening of May 5, 2016 from 10:00 p.m. – 3:00 a.m. to help people get home safely who are out celebrating Cinco de Mayo in Colorado Springs and Pueblo. All you have to do for a free cab ride home is tell the cab driver “It’s on McDivitt.”
The wet weather is bound to come to Colorado. I’m sure we are all used to a summer thunderstorm. With that being said, I think it’s important to go over some safety tips to prevent accident on the wet pavement. Did you know that wet roads contribute to nearly 1.2 million traffic crashes each year? This is a scary statistic, and something we can all hopefully lower. Here are some helpful tips to help you avoid hydroplaning on a wet surface while driving.
McDivitt Law Firm and Mike McDivitt were both recently honored as 2016 “Best of the Springs” winners for Best Law Firm and Best Lawyer respectively. This year McDivitt Law Firm placed Silver for Best Law Firm, and Mike McDivitt placed Bronze for Best Lawyer. We are all truly honored to be chosen by the people of Colorado Springs in both categories and thank all who voted for us.
In McDivitt News this month: We learned about fingerprints with the kids from Centennial Elementary School, gave over 300 free rides home during our St. Patrick’s Day Safe Ride Campaign, and Mike and David McDivitt both won awards!
A power of attorney is a legal document that appoints a person—an “attorney-in-fact” or agent—to act in your place for general or specific purposes. Usually, a power of attorney comes into play when you either become incapacitated in some manner, or if you can’t act on your own behalf for a particular reason. When we say “attorney-in-fact,” we do not mean an actual attorney, but like an attorney represents your legal interests, your agent under a power of attorney “represents” you. A power of attorney may be either general or specific in nature. These powers of attorney may either be durable or non-durable, and also springing. Here is a look at the differences:
Some victims of car accidents can walk away without injuries to their person; however, many victims sustain complicated and critical injuries after an accident. The lawyers at McDivitt Law Firm work tirelessly for those who have been injured in auto accidents, and have seen clients with an array of bodily injuries. Nonetheless, there are some common injuries that many sustain in an auto accident. Here are some of the more common car accident injuries:
Let’s cover what to wear, and what NOT to wear when attending court. Don’t worry; when you appear in court you don’t have to dress to the nines, and you don’t have to dress like an attorney (in other words don’t worry about pulling out a three piece suit). However, dressing appropriately is not only respectful to the court, but it helps with your overall presence to the judge and/or jury. You don’t have to forgo comfort (I know appearing in court, especially for the first time can be quite stressful); however, you don’t want to show up in your pajamas either.
A recent article in the Colorado Springs Gazette states that pedestrian deaths rose nationally to an estimated 10 percent last year. The article cites multiple factors that may have contributed. One factor cited as a possible reason for this increase, was the decrease in gas prices, which has put more motorists on the road. Another factor, the growing use of cellphones, which increases not only the number of distracted drivers, but the number of distracted walkers. And what should be a positive factor, the growing awareness of the health benefits of walking more could also be a potential factor.
Blood thinners have been on the market for years, mainly in the form of the drug warfarin. Newer anticoagulants, like Xarelto and Pradaxa, are now on the market. These drugs can cause serious side effects and require that the blood’s ability to clot be monitored. There are medical devices out there that check the coagulation levels of the blood in order to prevent dangerous bleeding episodes.
A recent article in the Denver Post, discusses how experts in Colorado are urging for stricter laws for drivers in Colorado. In an earlier blog, I noted that traffic fatalities have escalated in Colorado. Part of this seems to be due to the fact that drivers and passengers are not wearing their seat belts.
In a previous blog last year, I spoke to you about how generic drug labels do not have the same requirements as brand name drugs. So, how does this affect you if you have been injured by a generic drug?
If you have been in an auto accident, then you probably know that you are going to have to deal with your insurance company. In fact you may have already contacted them, and either spoke to a claims adjuster or are expecting to speak with one soon. Well, be warned, the claims adjuster doesn’t have your best interest in mind. Here are eight things you need to know about claims adjusters:
The aftermath of an auto accident can be a difficult and intimidating time for the victim. As part of your recovery you will probably have to deal with hospitals and medical bills. And, as you most likely know, healthcare can be extremely expensive. In most situations, the at-fault driver’s insurance company will be liable for your medical care.
Previously, I have written about the contraceptive device, Essure, a device implanted into the fallopian tubes to block and prevent pregnancy. Back in June of 2015, the FDA notified that it planned to hold a meeting with obstetricians and gynecologists in September to discuss the risks and benefits of this device. The meeting occurred, and… Read more »
You may recall hearing during filming of Star Wars: The Force Awakens that Harrison Ford broke his leg when he was hit by a heavy hydraulic door. According to an article in People, the U.K.’s Health and Safety Executive (HSE), which is similar to the U.S.’s Occupational Safety and Health Administration (OSHA), has brought four charges of breaches of health and safety law against Foodles Production Ltd, a London-based subsidiary of the Walt Disney, Co.
Thinking about purchasing a new car? Buying a car can be a grand undertaking and trying to find the perfect one can be grueling. You’ve probably scouted the internet learning facts about certain cars you are interested in. However, have you thought about what features to look for in a car that will be beneficial with the Colorado weather? Well if not, here are some helpful tips when thinking about what vehicle to purchase to drive on the roads of Colorado.
Prescription medications: you see the ads on T.V. all the time, or you may have even been prescribed a few. However, many drugs while FDA approved, still have serious health risks that the drug manufacturer has not made you aware of. Here are 4 commonly prescribed drugs that could have the serious complications when used:
Late February of this year, a jury in St. Louis, Missouri awarded the family of a woman who died of ovarian cancer $72 million. The woman claimed that Johnson & Johnson’s Baby Powder and Shower to Shower products caused her to develop ovarian cancer. The plaintiff, Jacqueline Fox, died of ovarian cancer before the case… Read more »
There was a recent piece in the Wall Street Journal that discussed how insurance companies, like Progressive, are trying to get their customers to allow them to track their driving behaviors. The article discusses how companies are trying to figure out how to use location data (where the car is) that they gather in order to assess drivers. The companies get customers to install devices that track things like how far the customers drive and how often they hit their brakes. The companies are collecting personal data in order to draw some sort of conclusion about driving habits. Of course, the companies have to get consent from their customers to get this information.
McDivitt Law Firm is proud to announce David McDivitt has been chosen as one of Colorado’s Rising Stars in the practice area of Personal Injury in the Colorado 2016 Super Lawyers publication. The rating service ranks outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement…. Read more »
The New York Times recently did a piece on Rob Bilott, a corporate defense attorney, who has taken on the DuPont chemical company for chemical pollution. The piece introduces you to Bilott, a partner at Taft Stettinius & Hollister, who one day received a call from a farmer in Parkersburg, West Virginia, his grandmother’s hometown…. Read more »
McDivitt Law Firm is proud to have been nominated and accepted as a 2015 10 Best Law Firm in Colorado for Client Satisfaction.
McDivitt Law Firm is pleased to offer its Safe Ride Home program in Colorado Springs and Pueblo this St. Patrick’s Day. McDivitt is partnering with Yellow Cab in Colorado Springs, and City Cab in Pueblo to get people home safely between 10:00 p.m. and 3:00 a.m. on Thursday, March 17, 2016.
You’ve probably heard that attorneys often do pro bono work, but you probably think that means providing free legal services. However, I and many other attorneys, think of pro bono work as our way of giving back to our communities and that doesn’t necessary require providing legal services. As such, I have chosen to give back to my community here in Southern Colorado by being a Court Appointed Special Advocate (CASA).
McDivitt News, a monthly recap of the latest happenings at McDivitt Law Firm and around the community. In McDivitt News this month we talk about our Safe Ride Home program for St. Patrick’s Day. Plus a client tells his story, awards for the firm, our visit to a DU hockey game and more.
I recently asked my fellow Team Members at McDivitt what they love most about their job. I was thrilled to read their responses and thought they were worth sharing. Working at a personal injury firm can sometimes be a grueling and demanding job given the types of situations we hear about on a daily basis,… Read more »
A 2015 study out of the University of British Columbia found a correlation between on-the-job injuries and those who have sleep apnea. Sleep apnea is a pretty common disorder where a person has one or more pauses in breathing while sleeping. These pauses can last from a few seconds to minutes. The most common sleep apnea is obstructive sleep apnea, where the airway collapses or becomes blocked while you sleep. For more on sleep apnea, check out the National Institutes of Health.
Many of us love dogs, whether it’s our own dog or other’s; dogs are “man’s best friend.” Dogs are also useful in certain lines of work, whether it’s as a K-9 unit for the police force or for hunting or herding. So is there a difference if you are bitten by your neighbor’s pet dog or a farmer’s herding dog? Yes there is, and a recent opinion from the Colorado Court of Appeals, Legro v. Robinson, delves into how little nuances in the law can make all the difference in a case.
Bad weather, car trouble, or the unpredictable may happen while you’re out driving, particularly on Colorado roads. With unforeseeable events bound to happen at some point, it’s always best to be prepared. To make it a little easier on you if the unfortunate does happen and you get stuck or stranded on the road, we have put together a list of 15 items you should have in your car’s emergency kit.
ProPublica has an interesting tool which provides statistics on which doctors are receiving money from drug companies. The tool, called Dollars for Docs, has been around for a few years. Federal law now requires that pharmaceutical and medical device companies release details of their payments to doctors within the U.S. for promotional talks, research, consulting, and other reasons.
Over a year ago, I wrote to you about a City Council measure in Lakewood to amend Colorado’s construction-defects law. Now, state lawmakers intend to “reform” the state’s construction-defects law during this legislative session. Many lawmakers are looking for ways to increase the presence of condo builders in Colorado; however, in doing so they are making it harder for homeowners to bring legal action against these builders for faulty building practices. A recent article from the Denver Post that discusses this issue mentions that Lakewood, the first city to pass this type of law, has yet to receive a builder’s application for a condo project.
Wrongful death is a civil claim brought against a party who is liable for losses caused by the death of a loved one. This type of action is brought by a surviving family member due to a defendant’s negligence. C.R.S. § 13-21-202 provides that: When the death of a person is caused by a wrongful… Read more »
I often get asked by clients if they can start driving again after being a victim in a car accident. Many are worried how driving will affect their case; but really that’s not the issue. Getting back in the driver’s seat has no bearing on your auto accident claim. However, there are other issues that may affect you from getting back behind the wheel. There are both physical and mental issues that could hinder you from driving again.