Advice from a Lawyer Post Car Accident

Car Accident

I was in a car accident about 6 months ago, and had been working at McDivitt Law Firm for about 3 weeks. When I was in the accident, it felt like time had stopped. It was strange how what felt like 10,000 different ideas and circumstances happened to me all at once. I was totally overwhelmed, even though I was physically fine.

What is the average time to settle a personal injury case?

Colorado Personal Injury - time to settle a case

Average Time to Settle a Personal Injury Case Clients who have recently been in a car accident usually always have the same first question: “How long will my personal injury case take to settle?” Unfortunately, it is almost impossible to know exactly how long your claim will take because every accident and every client’s health… Read more »

Reasons to Hire a Personal Injury Attorney

Why do I need a personal injury laywer

  Reason #1:  The interaction between first party insurance coverage and medical payment coverage is complicated. Reason #2:  Your health insurance company will try to take your settlement money when you’ve been injured in an accident. Reason #3:  It can be difficult to determine the amount of insurance coverage the other party has.  You’ll need… Read more »

After a Car Accident, Do I Need a Personal Injury Attorney?… Probably.

Do I need an auto accident attorney

When it comes to protecting your financial and physical health, hiring an attorney is one of the best decisions you can make after an auto accident. If you’re strapped for cash or short on time, you might be hesitant to call a lawyer. The truth is that you don’t always need an attorney after a car accident, but if you run into trouble, it’s better to hire one early in the process. The alternative is to risk making inappropriate legal decisions that could cost you dearly.

NFL Concussion Settlement

Football concussion suit

By now you’ve probably heard about the controversy surrounding football and brain trauma. Specifically, you may have heard of the disease known as chronic traumatic encephalopathy, or CTE. CTE is the focus of the recent Will Smith movie Concussion, and has been making headlines in the news. Also in the news lately has been the NFL concussion lawsuit settlement. A settlement fund has already been created that could award eligible retired NFL players up to $5 million each for injuries they sustained due to repetitive concussions while playing football in the NFL.

Can Someone have Immunity from an Auto Accident Lawsuit?

immunity from auto accident law suit

At the end of September of this year, the U.S. Supreme Court decided to hear the case of Lewis v. Clarke, a case arising from an auto collision in the state of Connecticut. You might be wondering why I care about a case in Connecticut? Well, I found this case interesting as it involves this question: Whether the sovereign immunity of an Indian tribe bars individual-capacity damages actions against tribal employees within the scope of their employment?

Choo, Choo, Train Track Safety Tips for Drivers

Train track safety

You come across a train tack sign, and you think you know what to do, but maybe over the years you’ve forgotten some of the driving safety tips when it comes to railroad crossings. Did you know that according to NHTSA statistics and Operation Lifesaver, a motorist is almost 20 times more likely to die in a crash involving a train than in a collision involving another motor vehicle? And in 2015, over 2,000 collisions occurred at public and private highway-rail crossings. Thus, the Team at McDivitt Law Firm wants to ensure that all drivers are up-to-speed on railroad crossing regulations and safety standards.

Could Phone Makers End Distracted Driving?

cellphone technology helps prevent distracted driving

I came across a piece recently in the New York Times that notes that Apple may have a patent for technology to prevent texting while driving, but hasn’t used it. How is this so? In 2014 3,179 people were killed in car crashes involving distracted drivers, and even as our community continues to stress the dangerousness surrounding distracted driving, including texting while driving and using your cell phone, we continue to see cases and crashes involving distracted driving.

Can Your Pre-Existing Injury Affect Your Auto Accident Claim?

can pre-existing injury affect accident case

If you’ve been injured in a car crash, your recovery should be of the utmost importance to you. You probably won’t think what role a prior injury or condition could have on your health, and also any compensation you may receive due to a car crash. However, it is important to note that a pre-exiting condition could affect your claim though maybe not in the way you think. You need to inform not only your treating physician about prior injuries or medical conditions, but your attorney as well. The defendant’s insurance company is going to want to know about these conditions, and you don’t want to hide facts from them; you need to disclose this information. Remember, you credibility is crucial to your case.

Stroller Related Injuries and How to Prevent

stroller related injury prevention

As a parent, a stroller is a pretty useful tool for you. It is your way of transporting you children, both conveniently and safely. In fact, these products are used every day across the country by many families. Unfortunately, a product meant to be used by many safely, can be involved in serious injuries to children ages 5 and younger. A recent study published in Academic Pediatrics looked at data from 1990 to 2010, and found that nearly 361,000 children in that age group were treated in the ER for injuries that occurred while in a stroller or carrier. According to the researchers, that works out to about an average of two injuries an hour!

Federal Guidelines for Driverless Cars, will they be Enough?

Department of Transportation considers safety issues for self driving cars

Back in September, the U.S. Department of Transportation issued a federal policy for automated vehicles to lay out a path for the safe testing and deployment of self-driving cars. According to the Department Secretary, “This policy is an unprecedented step by the federal government to harness the benefits of transformative technology by providing a framework for how to do it safely.”

Colorado’s Drilling Problem

workers compensation and dangers to oil and gas drilling employees

The Denver Post recently did a five part series, “Drilling Through Danger,” about the dangers oil and gas workers face in Colorado, a more in-depth account of Colorado’s oil and gas industry than previous pieces they have done, and which I wrote about last July. First off, The Denver Post notes that in a 12… Read more »

Colorado’s Cap on Compensation in State Involved Cases Hasn’t Budged in Years

Governmental immunity and Damage Cap

Did you know that when the government is involved in a civil case, there is a cap on the amount of compensation you can recover? The Colorado Governmental Immunity Act (GIA), codified in C.R.S. § 24-10-101 et al., shields governmental entities from tort liability. Traditionally, governments have what is called sovereign immunity or the state’s immunity from being sued in court by the state’s own citizens. However, historically, Colorado courts did not like this doctrine. So, in 1971, the legislature enacted the GIA, in which the common law doctrine of sovereign immunity was replaced by statute, providing an express waiver of immunity in particular claims, allowing for permissible claims against governmental entities with prior notice from claimant, and placing financial limits on the government’s exposure to permitted claims.

Fountain/Security/Widefield Water Contamination Open House

McDivitt Law Firm hosts water contamination open house

  McDivitt Law Firm is committed to helping those in the Fountain/Security/Widefield area through the legal process of the contaminated water issue. That’s why we’re holding an Open House : WHEN:  9 a.m. to 3 p.m. on Saturday, October 29 WHERE:  Hotel Elegante  – 2886 S Circle Dr, Colorado Springs, CO 80906 Whether you need a step-by-step… Read more »

Could Your Fitbit Hurt or Help Your Personal Injury Case?

Fitness trackers, like Fitbit®, are all the rage right now, and can be extremely helpful for someone getting and/or staying in shape. But can a Fitbit have another use? Well, according to an article in New York Daily News, some court rooms as seeing data from fitness trackers being admitted as evidence. In the particular case mentioned in the article, Fitbit evidence proved that a woman was lying about being assaulted, as her Fitbit revealed she had been awake and walking around, not sleeping when she was purportedly attacked. The article even mentions that in Canada, a woman tried to use Fitbit evidence in a personal injury lawsuit, to show that her physical activity has decreased since her car accident.

Roundup: Cancer-Causing Herbicide?

Dangers of RoundUp

Roundup® is the world’s most widely-used herbicide by volume and in the United States is the most popular weed and grass killer on the market. As far back as 1985 and more than 30 years ago, the Environmental Protection Agency (EPA) warned that glyphosate, the active ingredient in Roundup, may cause cancer.

Elders Behind the Wheel, What to Do?

elderly driving

If you having an aging parent, the topic of whether or not they should still be driving may have come up. According to the CDC, in 2012, there were almost 36 million licensed drivers ages 65 and older in the U.S., and as the baby boomer population continues to age, that number will continue to go up. More importantly, the risk of being injured or killed in a car crash increases as you age, and an average of 586 older adults are injured every day in crashes, according to the National Highway Safety Administration. So what can we do to help protect our aging population from getting into a car crash?

Game Day Traffic Safety Tips

It’s Football Season, and I know many of you are die hard Broncos fans, as are many of us here at McDivitt Law Firm. The return of football season is great, and after last year’s Super Bowl win, I’m sure everyone is excited to see where this year goes. However, even with the rousing fun of a football game, I’m sure those who live in the Denver area have at one point or another had to endure the traffic on I-25 near the Broncos stadium on a game day. And I know it’s not pretty.

Traffic Jam Nightmare and Tips to Prevent

dealing with traffic nightmares

The New York Times recently had a piece on how we can all help to limit traffic jams, and I thought it would be nice to add to this. With the increased population in Colorado, especially in the metro areas, we have all certainly experienced the traffic jam. But there are a lot of habits or behaviors we either need to break or even start ones we need to be doing that can help lessen the congestion on the road.

McDivitt Files Class Action on Behalf of Residents Affected by Water Contamination in Fountain, Security, Widefield

water contamination lawsuit filed

On Thursday, September 22, 2016, McDivitt Law Firm filed a class action lawsuit against the 3M Corporation, the Ansul Company, Angus Fire, National Foam, Buckeye Fire Protection Co., and Chemguard on behalf of residents in the Fountain, Security and Widefield area of Colorado exposed to dangerous levels of perfluorinated compounds (PFCs) in the groundwater.

Lessons Learned: Motorcycle Safety Schools

promote motorcycle safety

Motorcycle related deaths are up again this year, according to the Denver Post and data from the Colorado Department of Transportation. Through the end of July this year, the fatality rate had increased by 14 percent since this time last year! This is a frightening statistic for our state’s bikers. The article goes on to note that of the deaths so far this year, 34 were not wearing helmets, which seems to be a growing trend throughout the country. In fact, motorcyclists without a helmet are 40 percent more likely to suffer a fatal head injury and three times more likely to suffer brain injury in a crash.

RoundUp Road Trip

McDivitt on the road

McDivitt Law Firm hit the road last summer to conduct Town Hall meetings in farming communities throughout the heartland on the dangers associated with the herbicide Round Up. In March of 2015 the International Agency for Research on Cancer announced that glyphosate is probably carcinogenic. We went on the road to let people know the possible dangers associated with using RoundUp.

Colorado Battles Drug Injuries Associated With Opioids

injuries due to opioid addiction

The Unites States continues to be in the center of an opioid overdose epidemic, and Colorado is no stranger to this. In fact, Colorado has the second highest prescription drug abuse rate in the country as of a 2013 report from the Substance Abuse and Mental Health Services Administration. According to the Centers for Disease Control and Prevention, opioids (including prescription opioid pain relievers and heroin) killed more than 28,000 people in 2014. Of this, at least half of opioid overdose deaths involved a prescription drug. This August, the U.S. Department of Health and Human Services even announced that it would award $53 million to fund 44 states, four tribes and the District of Columbia to help address the opioid epidemic.

NHTSA Data Shows Increase in Traffic Fatalities in 2015

Studies show increase in traffic fatalities for 2015

At the end of this August, the National Highway Traffic Safety Administration (NHTSA) released it 2015 traffic fatality data. It showed 35,092 deaths. This is a 7.2 percent increase from 2014. Sadly, these rates ended a 5 decade trend of decline in traffic fatalities in the U.S., according to the Department of Transportation (DOT).

Video Blog McDivitt News – September 2016

McDivitt Video News September 2016

In McDivitt News this month: Spring and summer have been a busy time at McDivitt Law Firm. We participated in several events at Centennial Elementary to wrap up the school year, held our annual Distracted Driving PSA contest, hosted Bring Your Kids to Work Day, and we won some awards! Check out the full recap in this month’s edition of McDivitt News.

Bedsores: How to Prevent Them

proper elder care to avoid bedsores

Bedsores, or pressure sores, are injuries affecting a person’s skin and the underlying tissue. They occur when there is prolonged pressure to the skin, creating a rash which can progress to something much worse. They usually occur over a bony area such as your heels, sacrum, hips, elbows, or ankles. Bedsores occur when pressure is applied to soft tissue causing blood flow to be obstructed to that tissue. They are common in those who are not moving, such as being bedridden.

Thinking About Avoiding Jury Duty?

serving on the jury

As a U.S. citizen there are really only three civic duties you should be doing. They are paying taxes, voting, and serving on a jury. Skipping over the first two brings us to jury duty, which many may feel to be a nuisance, but really, is it? Our right to a jury trial is one… Read more »

Back to School Time Means More Awareness

keep students safe

It’s back to school time, and that means the school buses are out on the road and children are at the crosswalks. Children are known to make risky choices sometimes, and the team here at McDivitt Law Firm wants to make sure the children of Colorado are kept safe. To ensure that those children going to and returning from school remain safe, here are some helpful tips for parents, kids and drivers to ensure children’s safety.

Lawsuit Seeks to Get Smartphone Companies to Use $1 Billion to Educate About Distracted Driving

lawsuit against smart phone companies

The Coalition Against Distracted Driving (CADD) filed a lawsuit against Apple, Samsung, Google, and Microsoft back in 2015 wanting an order that makes the companies implement a $1 billion program to educate drivers about the dangers of distracted driving while using a smartphone. CADD is a public interest group that states that its mission “is to promote effective and ongoing public education about the risks and dangers of distracted driving, thereby preventing injuries and saving lives.” As we are all aware, distracted driving continues to be a problem amongst drivers, especially when it comes to cell phone use.

What to Ask Your Attorney after a Car Wreck?

Legal questions after auto accident

You were unfortunately the victim of a car crash and you’ve decided to seek the help of an experienced personal injury attorney. Your first meeting with your attorney is coming up, and you’re wondering what to ask them. While it is extremely helpful for both you and your attorney to come prepared with some questions, do not worry if you don’t really have any or only a few. Your attorney may address most of your concerns before you ask anything. However, here or 10 questions we recommend that you ask your attorney after you have been injured in a car wreck:

5 Tips for a Good Deposition

deposition preparation tips

Your lawyer tells you that you’re going to have to give a deposition, and your first thought is, “What does that entail?” To begin, a deposition is a type of witness testimony that occurs outside of the courtroom and is transcribed in written form, and can also be video recorded. The purpose of a deposition is to obtain additional information in the discovery process, as well as, to use later in court if needed.

Understand Colorado Boating Laws For Smooth Sailing This Labor Day!

Colorado boating laws and water safety

It’s summertime in Colorado, a great time of the year to explore and enjoy the beauty and nature of our state For some of you that probably means heading out to the lakes, reservoirs, and rivers throughout the Colorado. But, before you go out for a refreshing dip and fun, let’s talk a little bit about how to keep your family safe out on the water, as well as, state boating laws and important safety measures.

Water Contamination in Your Own Backyard?

contaminated drinking water found in community

By now you have probably heard about the unfortunate circumstances affecting many of the residents in the Security, Widefield, and Fountain areas—that is the contaminated water situation. Back in May of this year the EPA announced that it had lowered the health advisory levels for certain perfluorinated compounds (PFCs), specifically PFOA and PFOS, to 70 parts per trillion (ppt). Previously the level had been set at 400 ppt. The advisory came due to the EPA’s concern regarding low birth weight in fetuses exposed to PFCs.

Super Cool Legal Songs

top songs with legal themes

Music, it’s all around us. It expresses our feelings, and our highs and lows. It sometimes even makes a statement or expression about the law. So, what better to honor the power of music by putting together a list of our favorite legal-themed songs? It’s a pretty great list (though possibly a little silly) ranging from rock, to pop, to folk. Here are seven of our top legal-themed song picks:

Elder Abuse: It’s More than Just Physical Abuse or Caregiver Neglect

Signs of elder abuse

By 2015, the elderly population of the world, that is, those over the age of 65, accounted for 8.5 percent of the total population. In the next 10 years we should witness an increase of about 236 million people ages 65 or older across the globe. Then, from 2025 to 2050, the older population is projected to almost double to 1.6 billion globally. With our elderly population increasing, we need to become more aware that elder abuse will unfortunately also be on the rise. It’s sad to think about that, but an increase in population means an increase in nursing home residents, and that means an increased chance of abuse. Facilities may also become understaffed and unable to properly care for residents.

And the Safest Driving State in the Country is…Colorado!

Colorado listed as one of the safest states for driving

According to Allstate’s annual America’s Best Drivers Report ®, Colorado has made the top 10 list more than any other state. The safest city in Colorado this year according to the report is Fort Collins coming in at 17, with Colorado Springs coming in at 21 and Lakewood at 33. On top of that, Thorton, CO recently joined the list as the 41st safest driving city in the country. Way to go Coloradans, for showing others how safe we can be driving. Some of the worst cities in America were Washington D.C., Baltimore, and Boston, which was number 200.

How to Prevent Nursing Home Injuries

preventable nursing home injuries

You may have a loved one who is in the care of a nursing home. A nursing home is there to provide the care and attention your family member needs; however, sometimes unfortunate events can happen to your loved one leaving them seriously injured. If nursing home abuse or neglect occurs, this can be devastating not only for your loved one, but your family as well.

U.S. Has the Highest Rate of Auto Related Fatalities Among High Income Countries

Rates of crash fatalities

A recent news release from the National Safety Council, shows that the United States has the highest rate of motor vehicle deaths among 19 high-income countries, according to the latest report from the Centers for Disease Control and Prevention. According to the CDC, more than 32,000 people are killed and 2 million are injured each year from motor vehicle crashes. Accordingly, it works out that about 90 people die each day in the U.S. from auto crashes. This results in us having the highest death rate in comparison to other countries. Those countries include Australia, Austria, Belgium, Denmark, Finland, France, Germany, Ireland, Israel, Japan, Netherlands, New Zealand, Norway, Slovenia, Spain, Sweden, Switzerland, and the U.K.

CDOT Runs New Campaign—Killer Habit

The killer habit of distracted driving

At the end of July, CDOT announced that it is launching a new campaign as part of Drop the Distraction to combat the deadly activity of distracted driving. According to CDOT, last year, Colorado had 15,574 crashes and 68 traffic fatalities involving distracted drivers. This new campaign highlights what distracted driving really is—a Killer Habit.

Physics 101: Semi-Truck Braking

braking needs of semi trucks

We see semi-trucks quite often, especially on Colorado highways and interstates. Such vehicles are an important part of our economy, transporting millions of products every day. There is no question that we need to share the road with these vehicles, but large tractor-trucks are troubling when it comes to wrecks. Given the size and weight… Read more »

Statutory Employer, Who’s That?

definition of a statutory employer

Sometimes terms are thrown at you, and when you don’t understand them you can become confused and frustrated. If you have been injured on-the-job, terms and dates have probably come up that you just don’t understand, and now you are overwhelmed. One of those terms you may have heard is “statutory employer.”

Is Your Car’s Backup Camera Really Helpful?

safety issues of backup cameras

Many newer models of cars are now equipped with a backup camera. Along with the camera, many car crashes can be preventable if drivers take the proper precautions and are aware of their surroundings when backing up. According to, every year thousands of children are killed or seriously injured because a driver backing up did not see them. While kids may be the most common victims of these incidents, anyone can be injured and hurt due to someone’s negligence or recklessness while backing up.