Colorado Personal Injury

Colorado Personal Injury Attorneys

Because of someone’s negligence, you’ve been seriously injured.  Now it’s time to ask:

What is your case worth?
Are insurance companies playing games with you?
Act quickly so critical evidence is not lost forever!

It’s critical to contact a personal injury lawyer in Denver as soon as possible. The longer you wait to talk to an attorney, the longer the odds that you’ll be able to secure the compensation you deserve. Speak with us today by filling out a FREE Case Evaluation form, or call us directly at 720-792-5595, to learn how a Colorado personal injury lawyer can provide you with the support and guidance you need.

WHAT IS PERSONAL INJURY?

Have you been in an auto accident? Did you slip on some spilled milk and fall at the grocery store? Or has something else left you injured? In court, a personal injury is defined as any harm done to someone by the act – or failure to act – of another party. This can include a physical injury, damage to one’s reputation, the loss of a legal right or even one’s emotional well-being. Further, that injury can be classified as either willful (intentional) or negligent. These personal injuries can result from drunk driving accidents, semi-truck accidents, traumatic brain injuries, or spinal cord injuries, to name a few. A Denver injury lawyer at Burg Simpson has the experience needed to help you.

It makes no difference how you’ve been injured – if it’s through the carelessness of someone else, you could be eligible for compensation for the pain, suffering, and loss you’ve suffered as a result. The Denver personal injury lawyers at Burg Simpson have decades of experience fighting for personal injury victims. We have also won over 100 cases in excess of 1 million dollars each, totaling a billion dollars. Our reputation speaks for itself so call one of our personal injury lawyers today.

A car accident can change your life but a Colorado personal injury attorney at Burg Simpson can help. In the first 9 months of 2016 there were 27,875 fatalities from car wrecks reported by the U.S. Department of Transportation. Medical bills and other expenses from these major car crashes can be burdensome to you and your loved ones. If someone close to you was killed or injured in an accident, the distress from this emotionally and financially is overwhelming but our Colorado Personal Injury Lawyers are here for you.

Did you know that in Colorado, an insurance company is limited by statute ruling when it can take your recorded statement if you are under the care of a health care provider? If an insurance company has contacted you after you have been injured to take your recorded statement or to obtain information about your accident, you should contact our knowledgeable Colorado personal injury attorneys immediately to help you understand and protect your rights. Don’t let the insurance company take advantage of you! Whether it is your own insurance company or the at-fault driver’s insurance company calling, we recommend you contact an attorney at law, right away.

Insurance companies typically want to pay as little as they can for claims against their insured drivers. They are likely to offer you amounts to settle that are far below what your claim is worth. Contact an experienced injury lawyer Denver that has handled thousands of motor vehicle accidents so we can help advise you on your rights. While no lawyer can guarantee a specific result in any particular case, Burg Simpson Attorneys have years of experience evaluating injuries and damages. We have the resources to fight for your rights before, during, and after trial.

Common Causes of Car Accidents

There is a list of things that can result in a dangerous car wreck, which can cause a need for a lawyer, including:

  • Careless/reckless driving
  • Distracted driving (cell phone usage, etc.)
  • Speeding
  • Negligence
  • Drug/alcohol use
  • Hazardous weather
  • Failure to obey traffic signals
  • Obstacles in the road
  • Defective roadways
  • Defective vehicle

Burg Simpson's lawyers can assist you on next steps immediately following an auto accident for your claim, contact us now.

Motor Vehicle Crash reports

Under Colorado law, the person who causes an accident is financially responsible for all of the provable damages related to the crash. This includes both economic and non-economic damages. In addition, corrective damages may be ordered as punishment for parties who intentionally or knowingly endangered and injured others.

What if the Driver at Fault Has No Insurance

Uninsured motorist (UM) automobile insurance coverage protects drivers when the other driver in an automobile accident does not have auto insurance coverage or if you are involved in a “hit and run”.

Under-insured motorist (UIM) automobile insurance coverage pays for your injuries and property damage when you are involved in an accident with a person who is at fault and has minimal insurance coverage, or has insurance coverage that is insufficient to compensate you for your injuries and damages.

Victims Options After Drunk Driving Accidents

Drunk driving is responsible for nearly a third of traffic fatalities, according to the latest data from the Centers for Disease Control. In Colorado, that percentage jumps to nearly 40 percent. Despite the ongoing passage of stricter laws with increasingly harsher penalties for driving while under the influence of alcohol and drugs, people still get behind the wheel while impaired, injuring and killing thousands of innocent victims annually.

When it comes to bringing claims against a drunk driver, you also could be entitled to punitive damages at trial. Punitive damages serve as punishment for a person’s willful and wanton conduct—such as driving under the influence of alcohol. Burg Simpson is committed to holding drunk drivers responsible for the damage they leave behind. When handling auto accident claims for our clients, we may seek to impose punitive damages on impaired drivers who cause our clients injury or death. There’s just no excuse for getting behind the wheel while you’re drunk and those who do should be punished.

Burg Simpson is dedicated to helping seriously injured people seek compensation after a car accident injury caused by the fault or negligence of another. Our experienced trial lawyers have helped many drivers, passengers, and pedestrians rebuild their lives after a car, truck, or motorcycle accident. We have the experience and resources to help injury victims navigate the many legal issues that surround motor vehicle accidents, including accident investigation, insurance claims, settlement negotiations, and litigating in court against persons and companies who won’t take responsibility. Fill out our Free Case Evaluation form before it’s too late .

Insurance is one of those things that nearly everyone has, but almost no one understands. When it comes to homeowners, the bank holding the mortgage insists on homeowner’s insurance to protect their investment. When it comes to motor vehicles, all but three states compel drivers to carry auto insurance. Fifteen of those require more than simple liability insurance and insist on personal injury protection, as well.

So it only makes sense that if drivers or homeowners have to buy insurance that the company should be there when the policyholder needs it. The agreement is simple. The vehicle (or property) owner pays a premium in exchange for the assurance that when a claim needs to be filed, the insurance company will pay it. If your insurance company has not followed through for you, our injury lawyers are here to help you! Fill out a free case evaluation form now to find out how.

The agreement between parties is one of many duties the insurer has to the insured. A first-party claim is pretty straightforward: Under a policy written on property that becomes damaged, whether it’s a house or a car, the insurance company must investigate that damage, decide whether the policy covers the damage, and (if so) pay the policyholder. If the insurance company fails to investigate a potential claim, calculates the claim value improperly or denies the claim outright, they’re acting in bad faith and Burg Simpson’s Colorado personal injury lawyers can help.

EXAMPLES OF BAD FAITH

Since insurance is regulated primarily at the state level, and is almost entirely defined by case law, what constitutes bad faith can vary wildly. It can also mean much more than just an unfairly denied claim. There are several ways in which an insurance company can act in bad faith, such as:

• Unjustified denial of coverage.
• Failure to communicate relevant information.
• Failure to conduct a reasonable claim investigation.
• Claim refusal without investigation.
• Undue delay in denying or paying claim.
• Undue delay in confirming or denying coverage.
• Failure to attempt to come to a fair and reasonable settlement when liability is clear.
• Offering substantially less money to settle than the true value.
• Undue delay in providing a sound explanation for claim denial.
• Failure to enter any claim settlement negotiations.
• Failure to respond to a time-limit demand.
• Failure to disclose policy limits.

Another duty insurers have to policyholders is called indemnification. Simply put, this just means the insurance carrier must defend any suit or judgment entered against the insured. The insurance company has a duty to defend any claim that could potentially fall with the policy coverage. Additionally, courts have ruled that an insurer “who fails to accept a settlement within the policy limits by not giving the insured’s interests as much consideration as its own, is liable for any resulting judgment against its insured,” even if it exceeds policy limits.

Bad faith, then, can occur when the insurer either fails to pay the judgment or improperly defends the lawsuit that lead to it. An attorney can help guide you through so nothing is missed.

SO WHAT CAN I DO IF MY INSURANCE COMPANY ACTS IN BAD FAITH?

Don’t think this can’t happen to you. Since insurance companies are all about spreadsheets, all they have to do is run the numbers and that will typically decide whether they will pay your claim or make you fight for it. If the math says it’s more expensive to pay, they will deny your claim, delay your payment, and defend any lawsuit you file or all of the above.

Nevertheless, insurance companies operating in Colorado are required by law to act in “good faith and fair dealing,” including, among other things, investigating claims quickly and thoroughly, paying claims promptly, and communicating with policyholders openly about claims. An insurance company that fails to meet its obligations under the law may have not only acted in bad faith, but breached its contract with the insured, as well. This is not right and Burg Simpson is here to help you with this complicated situation.

If you think your insurance company has acted in bad faith, you may be entitled to compensation. Under Colorado law, insurance companies may be responsible for up to three times the benefits owed, interest, as well as attorney’s fees and costs. Punitive damages may be awarded, as well. In fact, judges, and juries, are typically eager to hand down large punitive penalties in bad faith cases. Although damages and damage types can vary wildly by state, other potential damages can include statutory penalties and interest, judgments that exceed policy limits, damages for emotional distress and economic loss (which can include physical as well as reputational losses).

WHAT CAN I RECOVER IN MY PERSONAL INJURY CASE?

Not only may you be able to recover the original benefits the insurance company denied or delayed, but under Colorado law you may be able to sue for a variety of other claims, such as:

Breach of contract. Strictly speaking, breach of contract is any violation of agreed-upon terms and conditions in a binding contract. In this case, an insurance contract means the insured client agree to pay a regular premium in exchange for a promise that the insurer will cover any claim.
• A tort claim, in addition to the original breach of contract claim, allows policyholders to recover up to two more times the amount of the benefits owed.
Attorney’s fees can be set as a flat rate or established on a contingent basis.
• You also may be able to recover damages for mental and emotional distress. These are economic damages designed to compensate a plaintiff for psychological suffering as a result of an injury. It does not matter if the injury was intentional or occurred as a result of negligence.
• Finally, punitive damages may be applied as a deterrent and to punish the insurance company for its bad conduct. As a result, these can typically greatly exceed typical policy limits.

ARE MOTOR VEHICLE INSURERS REQUIRED TO ACT IN GOOD FAITH?

Your motor vehicle insurance company has a duty to act in good faith, too. The types of insurance benefits most commonly involved include:

Uninsured Motorist (UM): is a provision which provides drivers damages for any injury he or she receives from an uninsured, negligent driver. After a qualifying incident, the insurer pays the difference between what the uninsured driver can pay and what the injured driver would be entitled to as if the motorist had proper insurance.
Underinsured Motorist (UIM): is a provision that allows a victim to receive compensation after an accident with an at-fault driver whose liability limits aren’t adequate to cover damages and medical expenses. Your insurance will cover the gap between the expenses and what the at-fault driver's insurance will typically pay.
Medical Payments (Med Pay): is a provision that provides immediate and necessary medical services following a car accident that results in injury.

Also, if you’re in a car accident and a claim is brought against you by the other party, your insurance company typically has a duty to defend you and settle claims brought against you without exposing you to out-of-pocket financial losses. A Burg Simpson Denver injury attorney has the experience and resources to handle bad faith insurance claims against car insurers.

WHAT ABOUT HOMEOWNER’S INSURANCE? HEALTH INSURANCE?

Other insurers, including, homeowner, renters, health, and disability insurers may be liable for their bad faith actions in handling claims. However, bad faith claims brought in health or life insurance cases can sometimes be prevented by ERISA. ERISA – the Employee Retirement Income Security Act of 1974 – is a federal law that establishes minimum standards for most voluntarily established pension and health plans in private businesses to provide protection for plan participants. ERISA doesn’t require employers to establish a health plan for its employees, but it does regulate its operation if an employer decides to launch one.

It’s complicated. There are a lot of rules, exceptions and variations in this area of law. Burg Simpson’s personal injury attorneys have the experience and resources to navigate this complicated landscape and pursue insurance claims against insurers who act in bad faith.

If you’re frustrated with the way your insurance company is treating you after you filed a claim – whether it involves a motor vehicle accident, a house fire, or a disability – you have every right to fight for what you’re owed. Bad faith lawsuits can be exceedingly complex and require the expertise of personal injury attorneys who have years of experience handling hundreds of these types of cases.

These cases can also result in large damage rewards, often because of generous punitive damage rulings. One of the better-known examples is a 2001 U.S. Supreme Court case, State Farm Mutual Auto. Ins. Co. v. Campbell, which overturned a $145 million jury verdict against State Farm Insurance. Bad faith cases can be slow, tedious endeavors, too. That’s because any underlying legal proceedings often have to be resolved first. The 2003 Campbell decision took more than two decades to reach its conclusion.

Burg Simpson can help. We have decades of experience handling these sorts of intricate cases. We have an unmatched reputation in the legal community. We also have the resources to overcome the deep pockets of insurance companies to secure your benefits, negotiate, and settle bad faith claims. If need be, Burg Simpson can battle your insurance company in court if they won’t settle.

Accidents kill more than two cyclists every day in the United States – that’s a 6 percent increase over the last decade and a 12 percent jump over 2006. But the reality is probably far worse. Hospital officials suggest that as few as 10 percent of cycling accident injuries are reported to the authorities. A Denver injury attorney has the knowledge needed to help you win your case so you don’t have to go it alone. Despite the fact that bicycles comprise only about 1 percent of all trips in the United States, cyclists are more likely to be seriously injured or killed on the road than motor vehicle occupants. A Colorado lawyer is here to help!

Cycling accidents come in all forms. A driver busy with his cell phone can run into a cyclist, knocking him over or running him off the road altogether. A poorly maintained bike path can lead to an accident, causing serious injury. A poorly designed bicycle – or even just a defective one – can cause disastrous damage to a cycler, especially at high speeds. These personal injuries can be costly, both emotionally and financially. That is why you can trust an injury lawyer to fight for your rights.

According to the National Highway Traffic Safety Administration, the average age of cyclists killed by motor vehicles has trended upward over the last 30 years or so to 45. Nearly 90 percent of victims are men, and 71 percent of accidents occur in urban areas. The most dangerous states for cyclists are California, Florida, and Texas. The safest, Rhode Island and Vermont, had no cycling fatalities in the most recent reported year.

The most common causes of bicycling accidents that resulted in personal injury are:

  • Motor vehicle collision.
  • Fall from bike.
  • Encounter with damaged cycling surface.
  • Distracted rider/operator error.
  • Crash/collision.

Either way, the vast majority of bicycle accidents are caused by negligence, whether it’s on the part of someone driving a car, another cyclist or the operator himself. If you’ve been injured in a bicycle accident, it’s important to speak to our Denver personal injury lawyers now who have the experience needed to fight against those who cause bike accidents.

COLORADO CYCLING LAWS

Cycling laws vary wildly by state. In Colorado, most of the rules of the road for bicycle riders are pretty straightforward, while affording cyclists the same right to the roadway as motor vehicles. Cyclists are restricted to carrying only as many riders as the bike will allow. Cyclists are also forbidden from being attached “to any motor vehicle upon a roadway.” A lawyer knows all of these laws well.

As far as general operations, cyclists are instructed by Colorado law to travel in the right-hand lane as long as there is adequate room to do so, unless they are starting a left-hand turn at an intersection, overtaking a slower vehicle, or avoiding roadway hazards. Additionally, multiple riders aren’t allowed to ride more than two abreast on roadways unless there is a dedicated area set aside for bicycles. Finally, cyclists are required to keep at least one hand on the handlebars at all times.

Bicycle accidents can lead to serious harm, such as head or spinal cord injuries. Any injury can be financially devastating, so it’s important for bike accident victims to speak with the personal injury lawyers in Denver at Burg Simpson as quickly as possible.

WHAT TO DO IF YOU’RE IN AN ACCIDENT

  • Get help. Call the police or fire department. Or have someone else call for assistance if you can’t.
  • Exchange information. Get contact info from everyone involved and any witnesses, if possible. Make sure that includes names, addresses (both physical and electronic), phone numbers, and insurance information.
  • Take photos. Put that smartphone to good use by taking photographs of your bicycle, any vehicles involved, and the surrounding area, such as the roadway, road signs, and any possible hazards. It’s also a good idea to get photos of any injuries you’ve sustained.
  • Don’t admit to anything. Even if you think you might be at fault, keep it to yourself because other contributing factors of which you may not be aware of could be involved and any statement you make could hurt you in court.
  • Don’t discuss it with anyone. Wait to speak about the circumstances of the accident with the police, and then a lawyer.

WHAT TO DO NEXT

  • Get medical attention. If you haven’t already received treatment, it’s critical you visit your doctor, an urgent care center, or an emergency room right away. Even if you feel fine, it’s important you have a medical professional evaluate you.
  • Get it in writing. As soon as you can, write down everything you can recall about the incident, while it’s fresh in your mind. Whether you’re waiting to be scene in an urgent care waiting room or recuperating at home, it’s also a good time to review the information you gathered from the parties at the scene.
  • Call your insurance carrier. File a report with your auto or homeowner’s insurance company, as soon as possible. But leave it to an attorney to help you with the details.
  • Don’t sign anything. Whether it’s your insurance agent or the other party’s insurance rep, don’t sign any documents anyone presents to you. In short, don’t sign anything for anyone without speaking to you attorney first.

The personal injury attorneys at Burg Simpson have decades of experience in dealing with bicycle accident cases, including one that resulted in at least one mulit-million-dollar judgment. Our litigators have fought for the rights for injured bicycle riders of all ages and experience levels, whether the victims are children, adults, recreational riders, or even athletes in training.

Burg Simpson is a law firm with the resources to fight back against the giant insurance companies who try not to admit fault or pay a claim. Most importantly, a Denver injury lawyer can give you a fighting chance when it comes to investigating accidents, preparing insurance claims, negotiating settlements, and even litigating in court against the responsible parties.

Brain injuries are one of the worst personal injuries anyone can endure, whether it’s the result of a car accident or a workplace incident. Brain injuries describe a wide range of conditions, from a mild concussion to an open head wound exposing the skull or brain tissue. Symptoms can include headaches, confusion, nausea and dizziness, memory loss, and even personality changes. Brain injuries usually require long-term treatment, often in a dedicated facility, and that treatment can be incredibly expensive.

Every year, roughly 2.9 million people suffer traumatic brain injuries, 56,000 of which result in death. The total number of incidents overall has slowly been on the rise, but the number of car accident TBI deaths, once the leading cause if TBI-related deaths, has fallen dramatically over the last decade. In fact, falls are now the leading cause of TBI-related deaths.

Not all brain injuries are caused by a direct blow to the head and not all brain injuries are severe. Some TBIs are the result of severe skull fractures, while some result from closed head injuries. But even a mild concussion sustained in closed head injury event can cause a person to experience cognitive, functional, and emotional problems, including:

  • Difficulty performing tasks
  • Memory loss
  • Mood disorders
  • Impairment of motor function
  • Other disabilities

If you or a loved one has suffered a brain injury, and you believe someone else may be responsible, you may be entitled to compensation. You should consult with our Colorado personal injury attorneys as soon as possible to examine your options and determine your best case of action.

Once you begin the process of a legal claim, the strategy is pretty straightforward. Your brain injury lawyer will fight to prove negligence in that the responsible party owed you a legal duty of reasonable care, failed to fulfill it, and resulting in your injury. This liability theory is standard when it’s believed someone’s action (or even inaction) led to the injury. Fill out a Free Case Evaluation form now for help from our Colorado personal injury lawyers.

Causes of Traumatic Brain Injury

There are several activities that can lead to brain injuries, and most are completely preventable. The top three causes of TBIs, according to the latest data from the Centers for Disease Control, are falls, being struck by, or against, an object, and motor vehicle accidents. These three incident types make up 70 percent of all TBI incidents. It’s also worth noting that the overwhelming majority serious head injuries occurred in oldest and youngest age groups of the CDC study.

  • Auto Accidents
    Auto accidents are the third-leading cause of both fatal and non-fatal traumatic brain injuries, because of a big drop the number of auto accident head injuries. Nevertheless, car accidents remain the leading cause of TBI deaths among those between 15-34 years old. Research also shows that 70 percent of the injuries in this age group involve the vehicle occupants, 12 percent involve motorcycle passengers and roughly 8 percent involve pedestrians.

    Rollovers, ejections, and accidents where a vehicle occupant’s head strikes the windshield, interior of the vehicle, an object, or another passenger can cause obvious head injuries. Whiplash can cause brain injuries that can often go undetected.

  • Falls
    Falls are now the most common cause of traumatic brain injuries and occur most often in the elderly and young children. Alcohol and medications can be contributing factors. Unsafe playground equipment, nursing home hazards, and perilous stairs and walkways causing slips/trips and falls, are all examples of preventable causes of falls. The CDC data also includes falls on stairs or from ladders, falls from one level to another and falls into swimming pools. Finally, the CDC has found that there’s been a disturbing increase in falls as a result of intentional self-harm.
  • Sports and Recreation
    Contact and non-contact sports and recreational activities also can result in brain injury. Hundreds of thousands of sports-related traumatic brain injuries occur in the United States each year. In fact, the highest rate of brain injuries as a result from being struck by, or against, an object fell in the category sports and recreation activities. As a result, high school athletes, and in particular football players, are at a much greater risk for brain injury. Bicycle crashes are another significant cause of traumatic brain injury. According to the CDC, in 2010, 26,000 bicycle-related injuries to children and adolescents turned out to be traumatic brain injuries treated in emergency departments.
  • Violence
    Domestic violence against spouses and children is an all-too-common cause of brain injury. Shaken baby syndrome, which is sometimes the result of domestic violence, can also be perpetrated by caregivers outside of the home, can lead to permanent disability or death. Sadly, this is the leading cause of TBI-related deaths among those under the age of four.

What are the Different Types of Traumatic Brain Injury?

There are two general types of head injuries. Traumatic brain injuries can be open head injuries with visible damage to the head or skull, or closed head injuries that show no visible damage. An open injury simply means the skull has actually been fractured. This typically is the results of a fall or other accidents or from the head’s impact with contact with a hard object or surface.

A closed head injury doesn’t involve a fracture, but be just as serious because of potential swelling and blood clots. The most serious injuries – regardless of whether it’s open or close – can cause paralysis, loss of consciousness, and even death.

  • Concussion
    A mild traumatic brain injury caused by a blow to the head or a violent shaking of the head and body.
  • Contusion
    Simply put, a contusion is a bruise, or bleeding on the brain due to localized trauma. These are also usually the results of a blow to the head.
  • Coup-contrecoup contusion
    This is a bruise that occurs at both the site of initial impact as well as on the opposite side of the brain. This happens when the force against the head actually slams the brain, against the opposite side of the skull, creating the second bruise.
  • Diffuse axonal
    This injury results from a violent shake or strong rotation of the head, such as with shaken baby syndrome or a motor vehicle accident. Specifically, this happens when the static brain is slow to follow the skull’s movement, tearing structures in the brain.
  • Penetration
    This is just like it sounds: An injury from the impact of a bullet, knife or any other sharp object that enters the brain, along with hair, skin, and bone. Ironically, slower moving objects and cause more damage since they tend to ricochet within the skull. That being said, more than 90 percent of firearm-related brain injuries result in death.
  • Shaken baby syndrome
    Shaken baby syndrome occurs when someone violently shakes a baby or young child. The whiplash-like brain injury ruptures the blood vessels between the brain and skull. The resulting buildup of blood compresses the brain tissue while also forcing inflammation in the brain. Damages can include seizures, lifelong disabilities, coma, and death. Warning signs include irritability, distorted eating patterns, exhaustion, ragged breathing, dilated pupils, and vomiting.
  • Second impact syndrome
    Recurrent traumatic brain injury, as it’s often called, is a second traumatic brain injury before an earlier one has healed. The second injury is more likely to cause swelling and more serious damage.

What are the Signs of Traumatic Brain Injury?

Not all brain injuries are the result of a direct blow to the head and not all are severe. Some are the result of severe skull fractures, while others are closed head injuries. But even a mild concussion sustained in closed head injury event can cause someone to suffer cognitive, functional, and emotional problems.

According to the Brain Injury Association of America, symptoms, which can be delayed or immediate, include:

• A thin water-like liquid (spinal fluid) exiting the ears and/or nose.
• Loss of consciousness – but not necessarily in all cases.
• Dilated or irregular pupils.
• Changes in vision that can include blurred or double vision, sensitivity to bright light, loss of eye movement, blindness.
• Dizziness.
• Respiratory failure.
• Comatose or semi-comatose state.
• Paralysis, weakness, poor coordination.
• Slow pulse.
• Slow breathing rate, with increased blood pressure.
• Nausea and/or vomiting.
• Lethargy.
• Headache.
• Confusion.
• Ringing in the ears, or changes in ability to hear.
• Difficulty thinking straight, memory problems, poor judgment, poor attention span, slowed thought-processing speed.
• Inappropriate emotional responses (irritability, easily frustrated, inappropriate crying or laughing).
• Difficulty speaking, slurred speech, difficulty swallowing.
• Body numbness or tingling.
• Loss of bowel control or bladder control.

Milder brain injuries might not generate any of these symptoms and might require more extensive examination and analysis. A variety of imaging technologies, such as a CT scan or an MRI, can help diagnose the specifics of the brain injury. It’s also worth remembering that the signs of any head trauma might not be apparent right away. Symptoms can take days or even weeks to develop. If you have suffered from a brain injury, contact our personal injury lawyers before it’s too late!

Long-Term Effects of Traumatic Brain Injury

Traumatic brain injury affects everyone differently. But research suggests that TBI is associated with seizures, cognitive deficits, depression, aggression, unemployment or social isolation later in life. Researchers also found that premature death, declines in cognitive function, progressive dementia, Parkinsonism and endocrine dysfunction, particularly hypopituitarism, are linked with moderate to severe head injuries. Many consider TBI to be a chronic health condition that can have a long-term, effect on overall health.

Some of the longer-term effects of TBI can include:
• Seizures.
• Ocular- and visual-motor disturbances.
• Cognitive deficits.
• Post-concussive symptoms.
• Depression.
• Aggression.
• Suicide.
• Unemployment.
• Social isolation.
• Psychosis.
• Premature death.
• Progressive dementia.
• Parkinsonism.
• Diabetes insipidus.
• Endocrine dysfunction.
• Hypopituitarism.
• Growth hormone insufficiency.

Life After Traumatic Brain Injury

Some traumatic brain injury patients will make a full recovery. Others may experience lifelong disabilities ranging from mild limitations to the need for full time care. Those who go on to live an independent life could still suffer from a diminished earning capacity due to cognitive, emotional, or physical impairments or simply because of missed education and work experience during recovery.

Symptoms of traumatic brain injury do not always present themselves right away. In fact, they might not appear for several months or even years and when they do, victims and their loved ones don’t always make the connection with the head injury, which can make the experience that much more confusing and frightening.

Generally speaking, it’s incredibly difficult to predict the repercussions of TBI for someone later in life. According to doctors at Mount Sinai Medical Center, variables include:
• The severity of the original injury.
• The rate and extent of physiological recovery.
• What functions were originally affected.
• Available resources to assist in recovery.

Some researchers have suggested the best way to improve the quality of life for head trauma victims is to implement a “disease management,” regimen similar to how someone might treat other chronic conditions, such as diabetes or hypertension. Additionally, early detection and treatment protocols could prevent or even reduce more serious complications later in life. Each injury attorney at Burg Simpson is here to help!

Post-Concussion Syndrome (PCS)

According to the Mayo Clinic, “post-concussion syndrome is a complex disorder in which various symptoms — such as headaches and dizziness — last for weeks and sometimes months after the injury that caused the concussion.”

Concussions are mild traumatic brain injuries, typically incurred from a blow to the head. The injury doesn’t necessarily include loss of consciousness, and the risk of post-concussion syndrome doesn’t appear to be associated with the severity of the initial injury.

In most people, post-concussion syndrome symptoms will become visible within the first week or two. In most cases, symptoms fade within the first few months, but can often linger for a year or more.

The most common post-concussion symptoms include:
• Headaches
• Dizziness
• Fatigue
• Irritability
• Anxiety
• Insomnia
• Loss of concentration and memory
• Noise and light sensitivity

Post-concussion headaches can vary and could feel like either a tension-type headache or a migraine. These could also be associated with a neck injury that happened at the same time as the initial head injury.

In some cases, people can experience behavioral or emotional changes after a mild traumatic brain injury. Family members should monitor victims closely for signs the person is irritable, suspicious, argumentative or stubborn.

Seizures

Brain injuries can often lead to seizures, which occur as a result of abnormal electrical activity in the brain that can take the form of strange body movements, such as stiffening or shaking, unresponsiveness and/or staring, chewing, lip smacking, or fumbling movements. Other indicators are strange smells, sounds, feelings, tastes, or visual images, and sudden weariness or dizziness.

Seizures can happen in one out of every 10 people who’ve suffered a TBI that required hospitalization. Most seizures will occur within the first several days or weeks after a TBI, and some – if they come at all – can take months or years to emerge. Certain factors that can contribute to seizures are high fevers, lack of sleep/extreme fatigue, drug and alcohol use or any other chemical changes in the body.

Additionally, different brain injury types are more likely to lead to seizures than others. Nearly two-thirds of bullet-wound brain injuries experience seizures. On the other end of the spectrum, only 20 percent of people with closed head TBIs suffer from seizures.

Medication can treat anywhere from 70 percent to 80 percent of victims, allowing them to return to most activities. Seizures can create lifelong safety issues, limiting employability and enjoyment of life. Many people with seizures can never drive or go swimming without supervision, and remain at a constant risk of further injury.

Personality and Behavioral Changes

As mentioned earlier, TBIs can also lead to a number of behavioral or emotional changes. Depression, outbursts of unprovoked anger, a loss of inhibitions, or uncontrollable impulses to cry can occur after traumatic brain injuries and can result in frightening episodes. These can lead to dangerous consequences including violent criminal behavior or even self-harm or suicide. Often symptoms won’t start to appear until long after the initial injury.

For example, someone with damage to the frontal lobe, which governs personality and impulse control, can suffer from uncontrollable outbursts even after recovery. Or they may emerge from recovery with what experts call a “flat affect,” a muted or emotionless demeanor.

Specific behaviors that might emerge as a result of a TBI include:
• Verbal and/or physical outbursts
• Poor judgment and disinhibition
• Impulsive behavior
• Negativity
• Intolerance
• Apathy
• Egocentricity
• Rigidity and inflexibility
• Risky behavior
• Lack of empathy
• Lack of motivation or initiative
• Depression or anxiety

Traumatic brain injuries often are a result of the negligence or recklessness of others. Traumatic brain injury victims may be entitled to compensation from the responsible parties or their insurance companies for:

  • Economic losses, including past and future medical and rehabilitation expenses, lost income, loss of earning capacity, and out-of-pocket costs.
  • Non-economic losses, including pain and suffering, loss of enjoyment of life, mental and emotional distress, inconvenience.
  • Permanent impairment and/or disfigurement.
  • Loss of consortium by an affected spouse.

Obtaining compensation for a brain injury can be difficult. Insurance companies are generally skeptical of traumatic brain injury claims and do not put a high value on them. Part of the reason is that traumatic brain injuries—when they do not involve obvious head or skull trauma—are difficult to “see” and prove because of the lack of obvious, objective physical injuries that can be shown to a jury. Brain imaging such as CT scans, MRIs, PET scans, and SPECT scans can be helpful in diagnosing and proving brain injury claims. Neuropsychological testing might be necessary or recommended for identifying cognitive difficulties and deficits. Skilled brain injury lawyers use the best experts, evidence, and strategies to try and obtain the compensation brain injured victims deserve.

What Should You Do if You or a Loved One Have Suffered a Traumatic Brain Injury?

The most important thing you can do is to take care of yourself or your loved ones and obtain the necessary medical treatment. But if you or a loved one have suffered a traumatic brain injury because of someone else’s fault, it’s critical that you immediately reach out to a lawyer experienced in handling concussions, brain injury, traumatic brain injury, and closed head injury cases. It can be a confusing and emotional time. Insurance companies may be calling. Time is already running out on bringing a claim. You need someone on your side to help make sure your rights are protected.

These injuries aren’t always apparent, and the effects can take days, weeks or months to emerge. If you’ve believe you’ve suffered brain injury, it’s critical to keep and maintain meticulous medical records.

It’s also highly recommended that you contact a Colorado personal injury attorney, because navigating the paperwork and requirements for determining damages and compensation for brain injuries is difficult.

Burg Simpson Cares.

Burg Simpson’s dedication to helping brain injury victims goes far beyond the courtroom. Burg Simpson lawyers give their time, talents, and resources to the brain injury community, including Craig Hospital, one of the nation’s top brain and spinal cord injury rehabilitation institutions. Shareholder Peter Burg is a past member and chairman of the Craig Hospital Board of Directors and is a member of the Craig Hospital Foundation Board of Directors. Burg Simpson has further supported the Brain Injury Alliance, Rocky Mountain Human Services, and Operation TBI Freedom. Fill out a Free Case Evaluation form today!

Nearly 490,000 Americans require medical assistance for burn injuries annually in this country. Of the 40,000 hospitalizations that occur every year because of acute burn injuries, 30,000 are treated at specialized burn centers. Nevertheless, the vast majority of fire-related fatalities are a result of smoke inhalation. Less than a third of these personal injuries and deaths are a result of actual burns.

The personal injury attorneys at Burg Simpson in Colorado are here to help you!

Children and women are particularly susceptible to burn injuries. According to the World Health Organization, burns are the 11th leading cause of death of children under 10, and the fifth-most common cause of childhood personal injuries. Children under 5 are twice as likely to die in a fire as any other age group. WHO, which declares burns a global public health problem, also points out that non-fatal injuries of this type are also the leading cause of morbidity worldwide.

Burns occur most often either at home or at work, which combined, account for more than 80 percent of all burn injuries and fatalities. Residential fires and injuries are typically caused by cooking equipment. As a result, most women and children are injured at home, while men are much more likely to be burned while they’re on the job. If you’ve been injured or lost a loved one to burn injuries suffered from the negligence of another, a defective product, or an unsafe workplace, reach out to one of our experienced Denver personal injury lawyers.

LEADING CAUSES OF BURNS INJURY

Burns, as defined by WHO, are classified as a personal injury to the skin or other tissue caused by heat, radiation, radioactivity, electricity, friction or chemical contact. The most common cause of burn injuries and deaths are:

Direct contact with fire – This accounts for more than 40 percent of all hospital admissions.
Scalding injuries – Hot tap water burns lead to more deaths and hospitalizations than any other liquid burns.
Thermal injuries –These are burns that occur as a result of contact with a hot solid material, such as curling irons, space heaters, stovetops, or irons.
Electrical burns – These kill roughly 1,000 people a year in the United States.
Chemical burns – Also known as Caustic burns, can be caused by battery acid, bleach, ammonia, among other things.

Burn injuries may result from:

  • Fires and explosions
  • Vehicle crashes and accidents
  • Chemicals
  • Radiation
  • Defective products
  • Electrocution
  • Friction
  • Hot liquids

Burn injuries, whatever the cause, can change a life forever, drastically altering one’s quality of life. These are often the result of negligence. If you’ve suffered burns injuries, especially at work, it’s important to speak to an accident lawyer who has experience with these particularly painful and often serious personal injuries.

CATEGORIES OF BURNS INJURIES

Burns fall into a few different categories, ranked in increasing order of severity, as first, second, third, and fourth degree.

First-degree burns are the mildest of burn injuries, by comparison. They appear as a slight redness and are accompanied by minor pain. They affect only the epidermis, or outer layer of skin.

Second-degree burns are partial thickness burns that are much more serious, extending beyond the epidermis, and into the dermis, or the lower layer of skin. Second-degree burns become filled with clear fluid, may show blistering and swelling, as well as being quite painful.

Third-degree burns are full thickness burns, are extremely serious, and can even be life-threatening. These burns reach into the deep dermis, harming deeper tissue. These can cause white or blackened, charred skin that can be numb because of destroyed nerve endings.

Fourth-degree burns are full thickness burns that extend much deeper into muscle and bone tissue.

For the most severe personal injuries, treatment can take months or even years, because of such a high risk of infection. Roughly 97 percent of burn victims survive their injuries, but many of them have to endure serious scarring, possible skin grafts, and possible permanent disabilities. The financial and emotional toll can be paralyzing. Serious burn survivors face lifelong challenges such as extended rehabilitation, medical bills, lost wages and years of constant pain management.

WHAT TO DO IF YOU’VE SUFFERED A BURN INJURY

  • Stop the burning. Remove the burning clothing, if any, or extinguish the flames by rolling the victim on the ground, covering them with a blanket or with a fire extinguisher.
  • Treat the burn. Once any flames have been doused, it’s important to irrigate any burns immediately and thoroughly. Use cool, running water, if possible, which helps reduce the temperature and treat the pain. Chemical burns, in particular, require more irrigation than most.
  • Get help. Wrap the victim – or yourself – in a clean cloth and get them – or yourself – to the nearest available medical care.
  • What not to do. Do not apply any pastes or oils, or raw cotton to the burn. Do not apply ice or any topical treatments.

What Should You Do if You or a Loved One Has Suffered a Severe Burn Injury?

Getting medical treatment is the most important thing you can do for yourself or the injured loved one. If the injury occurred from the fault of another, you need to talk to our lawyers who have handled these cases. It can be an incredibly painful experience, as well as a confusing and emotional time. Insurance companies may also be calling you when you aren’t ready to discuss what happened.

Burg Simpson’s  Colorado personal injury attorneys are committed to helping burn victims fight for compensation for their injuries caused by the negligence of another. We’ve helped thousands who have suffered from major personal injuries—such as severe burns—get what they deserve to help them through such a traumatic experience. We’re able to work with victims who’ve endured residential fires, motor vehicle explosions, workplace accidents, and other causes of serious burn injuries. If you need help, call us now at 720-500-5995 or fill out a Free Case Evaluation form before time runs out.

Few things can change a life as quickly and as dramatically as a catastrophic injury, defined by the American Medical Association as a severe injury to the spine, spinal cord, or brain. This category of life-threatening injuries can also include skull or spinal fractures. Additionally, the U.S. National Center for Catastrophic Sport Injury Research classifies types of catastrophic injuries based on the result: fatality, permanent severe functional disability, and severe head and neck trauma with no permanent disability.

The Colorado personal injury lawyers at Burg Simpson represent victims – and survivors of victims – who’ve suffered these catastrophic injuries, and a Denver injury attorney understands what it takes to prove to a jury that an award for damages from these life-changing injuries is justified. We have the experience, resources, and passion to see justice served and that victims receive the compensation and support they need.

WE HANDLE THE FOLLOWING TYPES OF SEVERE INJURY CLAIMS

Burg Simpson’s attorneys accept several different types of cases that can be classified as catastrophic, most of which are related to spinal cord injuries:

Brain injuries – Most brain injuries, by far, occur from a fall. More than a third of them, in fact, with auto accidents landing at a distant second place.
Burn injuries – More than three-quarters of all burn injuries are caused by fire or scalding.
Paraplegia claims – Paraplegia, paralysis of the lower limbs, is typically caused by a spinal cord injury. Victims are particularly susceptible to heart disease and sepsis.
Quadriplegia claims – Victims of quadriplegia typically suffered an SCI in a car accident, from a fall or through an act of violence.
Spinal cord injuries – Motor vehicle accidents are the leading cause of spinal cord injuries nationally – comprising nearly 30 percent of male SCIs and more than 48 percent of female SCIs.

ANY OF THESE INJURIES CAN LEAD TO DAMAGES FOR:

Pain and suffering – This can include both the physical as well as the mental distress someone suffers from a catastrophic injury.
Loss of enjoyment of life – These hedonic damages, as they’re sometimes called, are claims based on the detrimental change in one’s life or lifestyle. This can include one’s inability to do the things in life they once enjoyed.
Mental and emotional distress – Despite how overused this claim might be in popular media, emotional distress is often difficult to prove, which makes qualified representation more critical than ever.
Disability – A victim of permanent disability can sue if they are unable to work after their catastrophic personal injury.
Retraining – As a catastrophic injury victim, you might be able to go back to work, but unable to perform the same job as before. In some instances, victims may sue for retraining.
Physical therapy – Nearly all catastrophic personal injury victims need physical therapy to return to any form of normal life. This therapy can be expensive, and can take months, if not years.
Loss of income – This typically refers to wages (or salary) lost from the time of the injury up until the time of the settlement.
Medical expenses – This can encompass bills and other expenses for medical services such as doctor examinations, hospital stays, emergency room treatment, ambulance fees, and nursing services.
Disfigurement – This typically refers to the scars or other visible permanent effects on the victim’s personal appearance. The plaintiff may also be able to collect damages for any mental suffering tied to one’s awareness of that disfigurement.

WHAT TO DO IF YOU OR A LOVED ONE SUFFERS A CATASTROPHIC PERSONAL INJURY?

It doesn’t matter if the personal injury occurred as a result of a motor vehicle accident, medical malpractice, or a defective product – you need to consider a Denver personal injury attorney capable of handling such a complicated lawsuit and fighting for the compensation you deserve. Under no circumstances should you try to negotiate or accept any settlement on your own.

The vast majority of catastrophic injuries include damage that goes well beyond the initial medical costs. Physical therapy can take months – if not years – and in these situations that can be considered a best-case scenario. All too often, these injuries can leave someone disabled or disfigured for life, making a return to any kind of normal life all but impossible. And that doesn’t even factor in the emotional or mental costs that can linger for a lifetime. Visit our personal injury lawyers now!

What if the injured party was partly responsible for the accident that led to the injury?

Most courts recognize the concept of comparative negligence. This means that each party who shares responsibility for the accident is assigned a percentage of that responsibility. For example, in some states, if the injured party is found to be 10% at fault and another party 90% at fault, the injured party can still recover 90% of the economic and non-economic damages assigned. The laws can be complex in this regard.

If you or a family member has been seriously injured or killed in an accident or through medical malpractice, or because of a defective product, you will need an experienced serious personal injury lawyer to represent you. Burg Simpson's Colorado personal injury lawyers have the experience, and the resources, to ensure that you can recover the damages you deserve for your injuries and your losses.

All of this can take its toll on you and your loved ones, which makes it absolutely critical that you reach out to an experienced lawyer as soon as possible following a catastrophic injury case, to help you figure out what your damages really are so that you’re much better equipped to begin the process of recovering compensation from the party or parties responsible. If you’ve suffered a catastrophic injury or lost a loved one to such a tragic event, call for help today at 720-500-5995 or fill out our Free Case Evaluation form with details of your incident now!

Between 2010 and 2015, accidental carbon monoxide poisoning killed a total of 2,244 Americans. In 2015 alone, a total of 393 people died from unintentional carbon monoxide poisoning – with nearly 40 percent of those deaths taking place in the winter months of December, January, and February. In fact, carbon monoxide poisoning is the second most common cause of fatal non-medicinal poisoning in the United States. The most recent data on these personal injury incidents shows more than a 90 percent increase over the last decade – this despite increased awareness and detection equipment. Firefighters respond to nearly 90,000 incidents a year – which works out to about nine calls every hour. Our personal injury lawyers are here for you!

This “silent killer” is versatile, too. Someone can be poisoned by a small amount of carbon monoxide over an extended period of time or by a brief, but large dose. The serious injuries – and even deaths – these incidents lead to can devastate entire families. Burg Simpson’s trial lawyers represent victims of carbon monoxide poisoning, and they understand the nuances of these cases.

What is carbon monoxide and where does it come from?

Carbon monoxide is a gas you can’t see, smell or taste. But it can easily kill you. As the name implies, carbon monoxide is produced by the burning of any material that contains carbon. The bloodstream absorbs it readily and displaces the oxygen, leading to brain damage or death. Young children and older adults are particularly susceptible.

Several common household appliances can generate carbon monoxide, such as:

  • Gas water heaters.
  • Kerosene space heaters.
  • Charcoal grills.
  • Propane heaters and stoves.
  • Gasoline and diesel-powered generators and engines.
  • Cigarette smoke.
  • Boats engines.
  • Spray paint, solvents, degreasers, and paint removers.

Symptoms of carbon monoxide poisoning

According to the Mayo Clinic, signs and symptoms of carbon monoxide poisoning can include headaches, lightheadedness and blurred vision, among other things. In short, carbon monoxide poisoning can feel a lot like the flu, or even food poisoning. The concentration of carbon monoxide, typically measured in parts per million, is the most critical factor in the symptoms in an average, healthy adult. The National Fire Protection Association have produced a list of accelerating symptoms based on exposure:

50 ppm: No adverse effects with eight hours of exposure.
200 ppm: Mild headache after two to three hours.
400 ppm: Headache and nausea after one to two hours.
800 ppm: Headache, nausea, and dizziness after only 45 minutes; after just 60 minutes, unconsciousness can occur.
1,000 ppm: Loss of consciousness after one hour.
1,600 ppm: Headache, nausea, and dizziness after 20 minutes.
3,200 ppm: Headache, nausea, and dizziness after five to 10 minutes; collapse and unconsciousness after half an hour.
6,400 ppm: Headache and dizziness after just a couple of minutes; unconsciousness and danger of death after 10 to 15 minutes.
12,800 ppm: Immediate physiological effects, unconsciousness and risk of death after just 60 to 180 seconds.

What should you do if you have suffered CO poisoning injury?

The most important action is to obtain the necessary medical evaluations and treatment to help you recover from the injuries. But if you or a loved one have suffered CO poisoning injuries because of someone else’s fault, it is critical that you immediately contact a lawyer experienced in handling personal injury claims, and particularly CO poisoning cases. Time is running on bringing a claim. You need a personal injury lawyer on your side to help make sure your rights are protected.

Carbon monoxide can be particularly deadly for people who are already asleep or intoxicated. Many of the tragic stories that make the news are those of entire families wiped out in their sleep because of a faulty furnace or space heater. These incidents often are the result of negligence or recklessness. Property owners and managers often fail to maintain appliances properly. Or they may have even been improperly installed. Manufacturers frequently produce unsafe products.

It doesn’t matter how or why these personal injuries happen. If you’ve been poisoned by carbon monoxide, or if you’ve lost a loved one to carbon monoxide poisoning, you need to talk to our personal injury lawyers in Denver right now! You need an objective, experienced professional who’s handled these cases before. At Burg Simpson, a Denver injury lawyer has dozens of professionals eager to fight the battle for you. If you think you may have a case, call for help today at 720-500-5995 now.

On any given workday, there are nearly 10 million construction workers employed in the United States, earning a living in the deadliest industry in the country. In 2015, more than 900 of those construction workers died on the job – accounting for roughly one out of five on-the-job fatalities. It’s also an industry rife workplace non-fatal accidents, as well. In fact, ironworkers have the highest rate of personal injuries on construction sites. A Colorado personal injury lawyer is here to help!

More than half of construction site fatalities are caused by what construction workers call the “fatal four,” which excludes traffic collisions:

Falls — Nearly 39 percent of construction worker deaths are a result of falls, primarily from roofs, scaffolding, and ladders. The vast majority of these are from heights greater than six feet.
Struck by object – Objects striking workers, which account for nearly 10 percent of deaths, are also the leading cause of death for younger workers – those younger than 24.
Electrocutions – Electrocutions account for 8.6 percent of construction deaths, but also can cause severe burns, brain injury, and cardiac arrest.
Caught-in/between – More than 7 percent of construction workers are killed “by getting caught in or compressed by equipment or objects, and struck, caught, or crushed in collapsing structure, equipment, or material,” according to the Occupational Safety and Health Administration.

The trend hasn’t been a good one, either. Construction worker deaths are up roughly 4 percent over the last three years and have reached their highest level in nearly a decade. Compare that to an overall increase of 0.3 percent in overall worker deaths, and the construction industry looks deadlier than ever. A Denver injury lawyer at Burg Simpson knows how to fight for the compensation you deserve.

Even though you might be eligible for workers’ compensation for personal injuries suffered on the jobsite, you also could be entitled to receive additional compensation against third parties, including equipment manufacturers, contractors, and property owners, who might have contributed to your injuries through simple negligence or recklessness. Burg Simpson’s lawyers are committed to helping injured construction workers, or survivors of workers who died on the job. Contact Burg Simpson today at 720-500-5995 or fill out our Free Case Evaluation form.

WHO MAY BE AT FAULT?

There are several factors at play when there is an accident at a construction site, due in no small part to the number of parties that can be involved. This can also make the process of determining liability problematic. Among those who could be held accountable for your injuries:

  • The landowner
  • The general contractor
  • Sub-contractors
  • Architects
  • Engineers
  • Construction equipment manufacturers
  • Insurance companies

WHAT DAMAGES CAN I RECOVER?

If you or a loved one have been seriously injured or killed at work on a construction accident, you could be eligible for a few different kinds of compensation, such as:

Economic damages are those that are easily quantifiable, which can include current and expected medical and rehabilitation expenses. This category also comprises lost income, lost earning capacity, and any other related out-of-pocket costs.
Non-economic losses are less tangible, but equally important, such as pain and suffering, loss of enjoyment of life, as well as mental and emotional distress.
Permanent impairment and disfigurement – This includes compensation for any lasting visible damage, typically to the face or head.
Loss of consortium

Survivors of construction workers killed by the negligence, fault, or recklessness of someone, regardless of whether it’s an individual or a corporation might be able to recover wrongful death damages, or any of the other damage types mentioned above.

Should I Contact A Personal Injury Lawyer If I Was Injured In A Construction Accident?

First and foremost, it’s critical that you seek immediate medical attention. Then you have to report the injury to your employer and the site manager. Document that contact for your records. It’s important, also, to speak with anyone you think may have witnessed the accident. Also document your injuries to the best of your ability by taking pictures of the injuries and the scene where it occurred. Finally, if you think the accident may have been the result of some kind of safety violation, contact OSHA to file a report.

Most importantly, if you’ve been injured at a construction site – whether you were on the job or an innocent bystander – you need to speak with an experienced worker’s compensation lawyer and/or a personal injury lawyer to understand and protect your rights. As a construction worker, in addition to possible workers’ compensation benefits, you might also be able to recover damages from third parties.  A Burg Simpson trial attorney handles both workers’ compensation and personal injury claims.

Construction work can be perilous under the best of circumstances. But poorly maintained equipment or sloppy safety enforcement can turn a dangerous job into a deadly one. If you’ve been hurt on the job, or you’ve lost a loved one to an unsafe construction site, you need to talk to a personal injury attorney as soon as possible. Construction firms already have attorneys and insurance companies on their side, more than willing to offer a small settlement in exchange for your signature. You need someone one your side to help you fight back. At Burg Simpson, we’re fought – and won – these battles before.

There’s little doubt that we’re a nation of dog lovers. There are nearly 70 million of the canine companions in this country. So it should come as no surprise that a dog bites someone every 75 seconds – that’s about 4.5 million bites a year – sending about 1,000 people to emergency rooms and urgent care centers every day. One out of every five of those bites ends with an infection.

While most dog bite victims are children – particularly those aged 5 to 9 years old – men also receive far more bites than women. Sadly, more than half of these attacks occur in the home, with the family pet, rather than a strange dog. But strange dogs can be just as aggressive. Our Colorado personal injury lawyers can help you if you’ve been bitten.

Playing to the stereotype, dogs attacked more than 6,750 U.S. postal workers last year. Denver, in fact, ranks as the country’s seventh-worst place in the country for postal workers, based on an annual report by the Postal Service. Nearly 50 dogs bit letter carriers last year in Denver, a 24 percent increase in bites over the year before.

These incidents can take place regardless of the animal’s environment. But there are still too many negligent owners. People get bit by dogs all the time, but each incident is as unique as the personality of the dog – or the owner’s behavior. Each case has its own set of factors that will dictate any judgments, and subsequent settlements. Burg Simpson’s attorneys are committed to helping dog bite victims.

DANGEROUS DOGS THAT CAN CAUSE DOG BITES

Over the last 12 years, just two dog breeds have been responsible for more than three-quarters of all fatal dog bites: Pit Bulls and Rottweilers. Serious or fatal dog bites are most likely to come from just a few breeds, such as:

Pit bulls – This is actually a group of similar breeds, often including the American Pit Bull Terrier, American Staffordshire Terrier, American Bully, Staffordshire Bull Terrier, and sometimes the American Bulldog.
Rottweilers – While many consider these dogs to be good-natured, they can be particularly aggressive toward strangers.
German Shepherds – These dogs can be overly protective of family members and have one of the strongest bites in terms of pounds per square inch.
Chow Chow – These animals are naturally aggressive and loyal to usually only a single owner. They’re also notoriously difficult to train.
Mixed Breeds – This includes what are more commonly referred to as mutts.

ONE BITE FREE VS. STRICT LIABILITY IN PERSONAL INJURY

For years, Colorado followed the so-called “one-bite rule,” an historical legal principle that held “that the owner of a domesticated animal will be held strictly liable for injuries caused by the animal only if the owner knew or should have known about the animal’s dangerous or vicious propensities, which have been manifested in the past.” This statute, then, placed the burden of proof on the injured party when seeking compensation. Colorado joined the majority of other states in 2005 when it abandoned this outdated common law in dealing with dog bites.

Now, under Colorado’s strict liability law, dog owners can be held responsible for damages during a personal injury case the first time their dog bites someone, regardless of what the owner knew of the dog’s disposition. However, the owner is strictly liable only if the victim “suffers serious bodily injury or death.”

Every case has its own set of circumstances, though, so each one needs to be reviewed carefully. Was the victim on public or private property? Was their presence lawful? Where was the animal? Where was the owner? Did the victim do anything to provoke the dog? Was the dog working? How serious is the injury?

It sounds like such as simple thing: A dog bit you. But changes in the law – and the details of the circumstances surrounding the incident, can make such an event much more complex than you think. If you’ve been bitten by a dog, you need to talk to a lawyer in Denver as soon as possible.

If you think you have a case, call us at 720-500-5995 to discuss what happened.

Every day, 28 people die across the country in motor vehicle crashes caused by alcohol-impaired drivers, according to the latest data from the Centers for Disease Control. That works out to one drunk driving death every 53 minutes, racking up more than $44 billion in costs annually. Despite the fact that drunk driving deaths have slowly trending downward nationwide, last year was one of the worst on record, and still account for nearly a third of all traffic-related fatalities.

Nationwide, authorities arrested more than 1.1 million drivers for driving under the influence in 2014, the most recent year for which data is available. In Colorado, authorities reported mixed results on drunk driving enforcement efforts. Early 2016 data reveals a 1.4 percent drop in DUI arrests while DUI fatalities jumped 8 percent. Impaired drivers killed nearly 200 people across the state in 2016. Driving while impaired can result in not only death, but serious injury.

Efforts to combat this public health problem have intensified in recent years. Despite the passage of strict laws with increasingly tougher penalties for driving under the influence, along with stricter Blood Alcohol Content (BAC) limits, people still drink and get behind the wheel, causing major injury or even death to thousands of victims every year.

If you’ve been injured by an impaired driver in a motor vehicle accident—regardless of what they were under the influence of—you could be entitled to compensation for your injuries. Burg Simpson is here to help you.

DRUGGED DRIVING ON THE RISE

Most people think of impaired drivers as just those operating under the influence of alcohol. But 2015 saw a tragic first; more drivers died in auto accidents under the influence of drugs than alcohol.

More than 40 percent of drivers tested in fatal accidents confirmed positive for drug use. Only 37 percent tested above the legal limit for alcohol. With the increased legalization of marijuana, it’s not surprising that more than 35 percent of drivers who tested positive had used marijuana. Amphetamines were the second-most popular drug of choice: a little less than 10 percent of drivers tested positive for the illegal stimulants.

The wave of legal marijuana spilled onto the state’s roadways. Between 2006 and 2014, marijuana-related traffic deaths jumped 154 percent, according to a September 2015 Rocky Mountain High Intensity Drug Traffic Area report. Additionally, Colorado emergency room hospital visits “likely related to marijuana increased by 77 percent from 2011 to 2014.” In 2006, marijuana-related traffic fatalities made up from 6.92 percent of all traffic deaths in Colorado. By 2014, that numbers jumped to nearly 20 percent of all motor vehicle deaths.

When it comes to filing litigation against an impaired driver who’s caused you harm, you could be entitled to punitive damages, as well. Punitive damages are those awarded in cases of serious or malicious wrongdoing to punish and are designed as a deterrent — such as driving while impaired by drugs and/or alcohol. Burg Simpson is dedicated to holding irresponsibly impaired drivers accountable for the injuries, deaths, and destruction they leave in their wake. Contact our lawyers for help with your case now. When handling these claims for our clients, we usually pursue punitive damages on impaired drivers who cause our clients injury or death.

OTHER IMPAIRMENTS THAT MAY CAUSE ACCIDENTS

Its true drunk driving and drug use contribute to the majority of auto accidents. However, other factors such as prescription drug abuse, fatigue, road rage, and even age can result in impaired driving.

Prescription drugs- It’s not just illegal drugs that can impair your ability to drive. There are dozens of perfectly legal prescription medications that alter your ability to operate a motor vehicle when abused. There’s a reason so many come with warning labels. According to the FDA, some of the drugs include prescriptions for anxiety, some antidepressants, cold remedies and allergy products, sleeping pills, and even some pain relievers. Harmful side effects for drivers can include sleepiness, blurred vision, fainting and delayed reaction times.

Road rage – Road rage incidents are the most extreme type of aggressive driving, which plays a role in more than half of fatal motor vehicle accidents. According to AAA, road rage accidents injured or killed roughly 1,700 drivers every year. These incidents are on the rise as well, jumping 30 percent over last year.

Age – Finally, at a certain age, our ability to drive can even become impaired. Based on the latest data, in 2015, more than 40 million drivers on the road were 65 or older – a 50 percent jump over 1999. More than 5,700 older drivers died and more than 236,000 were hurt in motor vehicle crashes in 2014, the most recent year for which data is available.

EMPLOYER LIABILITY FOR IMPAIRED DRIVERS

Sometimes employees of companies choose to drive impaired while on the job. Semi-truck drivers, for example, often use illegal drugs and stimulants to keep them awake on the road. In other cases, if an employer knew or should have expected that its employees posed a danger to the public because of a driving record dotted with drunk driving convictions or positive drug tests, that employer could be responsible for a claim of compensation. Such cases could also include jury verdicts that include punitive damages as a way to punish the company for its irresponsible business practices.

Employer liability for impaired employees operating motor vehicles fall into one of two categories. The first is employee negligence, which can involve the careless hiring and/or supervision of an employee. This ranges from not running a proper background check on an employee to not employing and/or communicating proper safety policies and procedures. Examples includes a truck drivers with a bad driving record or an employer sending workers into a plant without any safety training.

The second is what’s called vicarious liability, a doctrine of law that insist the actions of one party (in this case the employee), are essentially the same as the party (the employer) directing the employee. If, for example, an employer sends an employee out to pick up a vehicle and wrecks the car on the way back, the employer could be liable. However, if the employee stops to pick up his dry cleaning on the way back and hits another customer in the parking lot, he isn’t operating as an agent of the company, so the employer typically isn’t responsible.

Just last year, Burg Simpson’s Denver personal injury attorneys won a seven-figure jury verdict against a major car rental company for their employee’s irresponsible behavior on the road. The bulk of that jury award came in the form of punitive damages. It turned out to be the eighth-largest jury verdict in Colorado that year. If you need help, fill out a Free Case Evaluation form.

Few injuries are as devastating as those suffered in an explosion. What’s worse, they have the potential to inflict life-threatening injuries to several people at once – all in an instant. Explosions can also lead to any number of other injuries, such as brain, burn, or spinal cord injuries. According to the Centers for Disease Control, the most common post-blast injuries involve standard penetrating and blunt trauma. Explosions can also cause extensive property damage and all too often, loss of life.

If you or someone you loved has experienced the result of these devastating situations, a Colorado personal injury lawyer knows how to help! Contact us now!

Any number of things can lead to explosion, such as a defective product, faulty product installation, shoddy maintenance, negligence, or safety oversight, among others. These can occur almost anywhere – at home, at work, or even after a motor vehicle accident. Explosions in confined spaces are often severe and associated with greater mortality rates.

If you’ve been hurt by a blast – or you’ve lost a loved one in an explosion – you could be eligible for needed compensation for medical expenses, pain and suffering, lost property, lost wages, among other damages. It’s critical to speak to a personal injury attorney quickly. We have extensive experience and a successful track record litigating fire and explosion lawsuits.

TYPES OF EXPLOSION PERSONAL INJURIES

Explosion injuries are typically classified by one of four types:

Primary: Primary injuries are a result of shock waves and suggest close proximity to the original blast. These injuries typically affect the ears, the lungs, and the gastrointestinal tract. Some of these internal injuries won’t be apparent right away. These injuries often include what’s referred to as blast lung, a severe pulmonary contusion, bleeding, or swelling that includes blood vessel damage. It’s also the most common cause of death among blast survivors.

Secondary: These fragmentation injuries are caused primarily from flying debris, which can cause penetrating trauma, bleeding and eye injuries. Roughly 10 percent of blast survivors suffer an eye injury.

Tertiary: Tertiary injuries are caused by the explosion’s sudden displacement of air, which can toss victims around. These impact-type injuries typically present as blunt and penetrating wounds, and can include fractures and traumatic amputation.

Quaternary: This category of injury encompasses everything not mentioned above, which can include flash burns, a crushing injury and respiratory injuries.

What sort of damages can I recover?
Depending on the circumstances of the fire or explosion and the types of damages incurred, you may be able to receive compensation for funeral expenses, current medical bills, future medical care, past and future pain, suffering, loss of enjoyment of living, inconvenience, emotional trauma, lost wages, future income, loss of consortium, and others.

How do I determine the cause of an explosion?

Your first obligation is to seek medical attention. Any investigation of an explosion after that, however, is best left to the authorities – trained investigators who know how to analyze the scene of an investigation. Between local emergency services and insurance companies, there will be several parties involved in investigating any explosion incident.

However, it’s still in your best interest to retain legal counsel for yourself. Our Denver personal injury attorneys have over four decades of experience fighting for victims of accidental explosions. We work with our own experienced investigators to recreate the situation and explore the actual causes of the explosion, so we can best establish liability to recover deserved damages.

In 2015 – the most recent year for which data is available – Colorado residents shelled out a collective $32 billion in insurance premiums to roughly 1,400 different carriers. Of course, the top 27 insurance companies on that list collect more than half of that money. A little more than 11 percent of that premium went toward car insurance policies, while just around 6 percent was paid to homeowner policies.

Simply put, these policies that consume so much of the average person’s paycheck don’t make up that much of the income that these insurance giants rake in. But that doesn’t stop them from fighting back over what appear to be the most straightforward claims. And they can afford to. They can wait months or even years before paying out on a claim. The average family can’t make it weeks, let alone months, without a vehicle, an income or a place to live.

Burg Simpson’s experienced personal injury attorneys understand. We realize how a dispute with an insurance company can change the lives of the victim and his or her family dramatically. The cost of an insurance dispute can be devastating – both financially and emotionally.

If you find yourself in the middle of a disagreement with your insurance company – or someone else’s – the best thing you can do is to call us immediately. We can help educate you about your rights, walk you through your options and take on your fight as if it’s our own. A lawyer trained and experienced in negotiation is more likely to obtain a settlement than if you were to try to settle a case on your own. Not only that, but any settlement you do reach is likely to be much higher than anything you could negotiate on your own. In fact, many times a defendant or insurance company won’t do anything at all unless, or until, a lawyer threatens them with a lawsuit.

WHAT ARE YOUR RIGHTS WITH YOUR INSURANCE COMPANY?

When you sign an insurance policy with your carrier, you agree to pay you’re a premium in exchange for coverage if you suffer a loss. In Colorado, your insurance company is obligated to make you whole, which simply means restoring you to the condition you were in before an accident, to the best of their ability. But there is more to it than that. That policy is a legal contract. As part of that, you carrier also vows to:

  • Defend you against legal claims from another party (or their insurance company).
  • Pay successful claims against you.

If you’re insurance company has failed to do any of these things, you need a Denver injury attorney at Burg Simpson to help you make things right before it’s too late.

Even with the best representation, negotiations don’t always work. If your case is forced to go to trial, Burg Simpson’s attorneys have years of litigation experience. You couldn’t be in better hands. Trial and pretrial procedures are increasingly complicated. Those unfamiliar with them are likely to make costly mistakes and forfeit opportunities to assemble the best possible case. Burg Simpson’s lawyers know the system. We know the judges. And we know how to present a case to a jury. We also can best decide what options you might have regarding a third-party claim.

When you’ve been injured in an accident or suffered a catastrophic loss, the last thing you want to do is spend time on the phone (or in court) fighting with insurance companies about how much money they’re going to pay you. Let Burg Simpson help. We believe no other firm has the resources, reputation, or proven track record of success when it comes to assisting injured individuals and their loved ones. We’ve been battling with insurance companies and their armies of lawyers for decades.

Colorado’s not exactly known for its water sports. For good reason, since it’s a landlocked state and the second-driest in the country. Despite the fact that less than 0.5 percent of Colorado is covered in water, Colorado Parks and Wildlife reports that 85,730 private water vessels were registered with the state last year. With that many boats crammed into such small bodies of water in such a small window – 16 weeks or so out of the year – accidents are bound to happen. If you’ve suffered injuries in a boating accident, call our Colorado personal injury attorneys at 303-792-5595 while there is still time.

Then there’s the lack of licensure: No permit or license is required to operate a boat with an engine in Colorado. However, state law does require that operators be at least 16 years old, with the exception of anyone between 14 and 16 who’s passed an approved boating safety course and has been subsequently certified. This is critical since roughly 98 percent of boat operators who get into an accident had no boat safety education.

In Colorado, the top three primary causes of boat accidents are:

  • Careless/reckless operation.
  • Operator inattention.
  • Passenger/skier behavior.

The top three accident types were:

  • Collision with another vessel.
  • Flooding/swamping.
  • Capsizing.

If you or a loved one have been injured in any type of marine accident, you deserve compensation for your injuries. Burg Simpson wants to help you.

FACTORS IN A MARINE ACCIDENT

Marine accidents can take many forms and involve a range of damage types. Some of the most important factors to take into account when reviewing an accident involving water vessels include:

  • Whether the boat or boats involved are private or commercial.
  • The function of the owners and operators of the vessels.
  • The type of accident.
  • The damages incurred.
  • Whether any injuries were suffered in the course of employment.
  • Where the accident occurred.

Burg Simpson is dedicated to holding negligent boaters accountable for their actions. Reach out to us now for help with your case before it’s too late.

QUESTIONS YOU MIGHT HAVE AFTER YOUR ACCIDENT

What are the particular factors that could affect my claim?
When reviewing your case, you need to consider the type or types of watercraft involved, whether the accident happened in the course of employment, who owns and operates the marine vessels involved, among other factors.

The laws governing marine accidents differ from those that govern motor vehicle accidents, so it’s critical you have a lawyer experienced in dealing with marine cases. Contact us for free!

What kind of damages can I recover?
You could be entitled to receive compensation for medical costs, ongoing care, funeral costs, lost wages and future income potential, pain and suffering, punitive damages, depending on the circumstances surrounding your case.

What if I my injury took place on a cruise ship?
Cruise ship cases can be incredibly complex. Cruise ship operators may have special provisions written into their contracts that require claimants to file any claims against them in a different state, and your contract could also include other provisions that make it even more difficult to file your case.

That’s why it can be particularly important that you seek experienced an attorney as soon as possible after you receive medical attention so that you have the best possible chance to seek fair compensation for your injuries.

Last year in 2016, 125 motorcyclists died on Colorado’s roads, a 15 percent increase in fatalities over the year before. In fact, more than 20 percent of traffic deaths in Colorado are motorcyclists. Nationwide, motorcycle traffic deaths are up a little more than 8 percent.

Regardless of who’s at fault in an accident involving a motorcycle and another vehicle – and more often than not, it’s the other driver’s fault – motorcycle riders are far more likely to suffer serious injuries and deaths than any other traffic accident victim. While motorcycle accidents share a lot of similarities with typical auto accidents, there are also several other unique characteristics that come into play when a motorcyclist is injured as a result of someone else’s negligence. The worst of which is that the most minor of motorcycle accidents has the potential to severely injure the rider. So it’s critically important that if you’re a motorcyclist who’s been injured in an accident, you need the counsel of a trial lawyer who’s experienced with motorcycle accident litigation.

The motorcycle accident lawyers at Burg Simpson have decades of experience handling complex lawsuits involving injuries and wrongful deaths that occur as a result of a motorcycle accident. We’ll take care of the motorcycle accident claim, so you can start putting your life back together. Call us today at 303-792-5595 or complete our FREE case evaluation form here.

WHAT MAKES MOTORCYCLE ACCIDENTS DIFFERENT FROM AUTO ACCIDENTS?

There are several factors that differentiate motorcycle accidents from other motor vehicle accidents, such as:

  • Injury rates: Motorcyclists are nearly five times more likely to be injured than other motor vehicle occupants.
  • Fatality rates: Motorcyclists are far more likely to die in an accident than anyone else, about 29 times more likely, in fact.
  • Bias: Motorcyclists face bias from all sides. Whether it’s from a jury or an insurance company, the assumption lingers that motorcyclists are simply more reckless than car or truck drivers. Because of this inherent bias, it’s much harder for motorcyclists to receive fair treatment.

Motorcyclists are not only less visible to other drivers, they’re also less protected from the force of an impact. So they’re far more likely to be hit and when they are, they’re also more likely to be seriously injured.

WHAT CAN I DO TO PROTECT MYSELF AS A MOTORCYCLIST?

There are several ways motorcyclists can protect themselves, such as:

  • Wear a helmet: Despite increased awareness, better education, and much improved research and design, motorcycle helmet use has remained more or less the same for the last 20 years. Less than two-thirds of riders wear a helmet. It probably doesn’t help that only 19 states have universal helmet laws. Like child car seats, motorcycle helmets should always be replaced after an accident. It also makes sense for riders to invest in gloves and eyewear.
  • Be aware: Most motorcyclists are injured – or killed – because a car or truck driver wasn’t paying attention to their surroundings, which is one reason why intersections can be so deadly. So motorcyclists have to be hypervigilant while riding and should always be on the lookout for unusual or sudden movements.
  • Avoid distractions: Distracted driving kills. Riders should avoid any activity that takes their attention away from the road or their hands off the handlebars.

Even the best riding habits can’t prevent a collision if another driver simply isn’t paying attention.

WHAT SHOULD I DO IF I’VE BEEN IN AN ACCIDENT?

If you’ve been in an accident, get medical attention before you do anything else. Even if nothing hurts, you could still have serious internal injuries that quickly get worse if they aren’t treated right away.

Second, gather all the information you can about the accident as soon as possible. Get the names and contact information for witnesses and identify everyone involved in the accident. Exchange insurance information with the other party (or parties) involved – but do not admit fault to anyone. It’s also a good idea to use your smartphone to take as many pictures as you can at the scene.

Finally, don’t sign anything or agree to any arrangements with other drivers or with insurance companies – even your own – before you speak with an attorney who will represent your interests.

The state of seniors in this country is a mixed one, at best. The good news is that American seniors are more racially and ethnically diverse, better educated, and living longer than ever. The tragic news is that obesity rates among seniors is rising, more of them are divorced or otherwise alone, while Alzheimer’s rates are skyrocketing. All of these factors suggest to researchers that the need for nursing home care will more than double by 2030.

The last U.S. Census Bureau report, in 2010, revealed that the United States had more seniors than ever before: more than 40 million, or 13 percent of the population. Baby boomers – born between 1946 and 1964 – were between 52 and 70 years old last year. To illustrate the massive impact of this demographic, it’s worth pointing out that one baby boomer turns 65 every 10 seconds. By 2050, experts predict seniors will number more than 98 million, or nearly a quarter of the U.S. population. If you have a loved one in any type of senior care facility and you’re concerned about their well-being, don’t hesitate to call Burg Simpson’s personal injury lawyers in Denver immediately!

This increased demand for elder care, paired with tight budgets limiting the ability of states to monitor long-term care facilities adequately, makes for a perfect storm that could endanger vulnerable seniors. People in these facilities are nearing the end of their lives and are owed, at the very least, the utmost dignity and respect. Most of them are also living with multiple chronic conditions, making them particularly vulnerable to abuse, neglect, and exploitation.

Types of Elder Abuse

Elder abuse can take many forms and is frequently perpetuated by caregivers and other nursing home or assisted living staff. The most frequent types of elder abuse, according to the National Council on Aging, include:

  • Physical abuse: Physical pain and/or injury inflicted on a senior.
  • Sexual abuse: Any touching, fondling, intercourse, or any other sexual activity with an older adult, when that person is unable to understand or consent, is threatened, or forced physically.
  • Emotional abuse: This can include verbal assaults, threats of abuse, harassment, and/or intimidation.
  • Confinement: Restraining and/or isolating a senior resident, aside from medical reasons.
  • Passive neglect: A failure to provide an older adult with basic necessities, including, but not limited to, food, clothing, shelter, or medical care.
  • Willful deprivation: Denying an older adult medication, medical care, shelter, food, a therapeutic device, or other physical assistance, and exposing that person to the risk of physical, mental, or emotional harm.
  • Final exploitation: The misuse or withholding of a senior’s financial resources by another.

The Warning Signs

While few researchers can agree on the prevalence of nursing home neglect and abuse, nearly everyone agrees these cases go vastly underreported. In fact, one study suggests that only 1 out of every 14 cases actually gets reported to authorities. According to the NCOA, there are several warning signs family members should look for, such as:

  • Physical abuse, neglect, or mistreatment: Bruises, pressure marks, broken bones, abrasions, and/ or burns.
  • Emotional abuse: Unexplained withdrawal from normal activities, a sudden change in alertness, or unusual depression; strained or tense relationships; frequent arguments between the caregiver and the older adult.
  • Financial abuse: Sudden changes in financial situations.
  • Neglect: Bedsores, unattended medical needs, poor hygiene, and/or unusual weight loss.
  • Verbal or emotional abuse: Belittling, threats, or other uses of power and control by individuals.

More Than Just Nursing Homes

In 2014, according to the Centers for Disease Control, “67,000 paid, regulated long-term care services providers served about nine million people in the United States.” Several types of facilities provide this care, including:

  • 30,200 assisted living/residential care communities.
  • 15,600 nursing homes.
  • 12,400 home health agencies.
  • 4,800 adult day services centers.
  • 4,000 hospices.

What To Do If You Suspect Abuse or Neglect

If you suspect your loved one is suffering from nursing home negligence, there are several steps you should take as soon as possible:

  1. Have your personal injury lawyer send a letter to the facility in question to request that all evidence and records be preserved and immediately obtain a copy of those records. CONTACT A LAWYER IMMEDIATELY BEFORE CRITICAL RECORDS ARE LOST OR DESTROYED FOREVER. By the time you’ve realized something might be wrong, it’s possible the records kept at the facility could have been destroyed already.
  1. Relocate the patient to a new facility quickly. There’s nothing more important than your loved one getting the care he or she needs as soon as possible. You need to know right away whether Medicare or Medicaid are involved. Depending upon the level of care your loved one receives, there are different regulations and laws that apply to maintaining records and reporting requirements. Maintain your own records with dates and notes about the situation.
  1. Contact the authorities in your state and alert them to the situation. Make notes about your contact with the authorities and keep a copy of the report they provide, as well. The website eldercare.gov offers a comprehensive list of the proper authorities in each state.
  1. Hiring an experienced legal team is essential to investigate, gather evidence, and present the case against a nursing home. We understand nursing home residents are extremely vulnerable. We will fight for the rights of you and your loved ones.

For a few years now, the oil and gas sector of the economy has been a tale of two trades. Because of suppressed demand, and a prolonged slump in oil prices, employment remains stagnant. In fact, the solar industry surpassed oil and gas in terms of job growth for the first time in 2016.

On the other hand, on-the-job injuries in the oil and gas business have been on the decline, too. That’s not out of line with an overall drop in workplace accidents across all industries. Most experts will tell you oil and gas accidents rise and fall with the price of oil. That being said, oil and gas extraction professionals face the country’s second-highest rate of workplace fatalities of any industry. It’s a problem the industry continues to combat.

“We are proud of our strong safety record but even one incident is too many,” Eric Wohlschlegel, a spokesman for the American Petroleum Institute, wrote in a statement in late 2016.

These workers complete long shifts, usually far from their families, in often hostile conditions. They face falls, equipment failure or collapse, drilling accidents, explosions, fires, electrocution, and exposure to toxic chemicals, among other things. Injuries can range from broken or fractured bones to brain injuries, amputations, burns, spine and spinal cord injuries, and other serious physical, mental, and emotional injuries.

Most Common Oil & Gas Personal Injuries

More often than not, oil and gas companies, operators, and contractors aren’t diligent enough in preventing accidents, which can make an already dangerous situation deadly. Most injuries occur because of carelessness, faulty equipment, inadequate safety equipment or training, or poor equipment maintenance. According to oilpro.com, the professional social network for oil and gas workers, the five most common oil and gas injuries are:

  • Vehicle collisions: Oddly enough, the road is far more deadly than any rig. Fatal motor vehicle accidents are on the rise. Most workers have long drives after even longer shifts. The boom in fracking also has more trucks transporting water to worksites. Increased levels of traffic and employee exhaustion can be a deadly combination.
  • Machine hazards: Several careers involve the frequent operation of heavy machinery, but few rival the risks involved with oil and gas workers, due in no small part to the fact that so many of these machines operate in unguarded areas. There’s also the constant levels of noise, vibration, and falling objects.
  • Chemical exposure: Drilling for oil and gas – not to mention processing it – necessitates the use of several types of toxic chemicals and fumes. Prolonged exposure to any of them can result in headaches, nausea, dizziness, and chemical burns.
  • Fall hazards: A great deal of oil and gas extraction involves working on elevated platforms. Fall protection systems are critical. But faulty harnesses, chemical spills, loose tools and equipment can all lead to a tragic fall.
  • Fires and explosions: Obviously, these highly combustible materials always involve a higher-than-average risk of fires and explosions.

Other kinds of accidents that can cause a serious injury include:

  • Defective products
  • Drilling
  • Servicing
  • Workover
  • Pumping
  • Pipeline maintenance and failure
  • Casing failure
  • Oil or gas rig and equipment maintenance failures
  • Transportation loading and unloading
  • Oil or gas rig or equipment failure or collapse
  • Blowouts
  • Improper equipment use by others
  • Improper or negligent hiring, training, or supervision

At Burg Simpson, each experienced Denver personal injury attorney knows how to handle your oil and gas accident claim. We’re committed to helping injured oil and gas workers seek compensation after an accident. We’ve assisted thousands of victims on the road to rebuilding their lives. We also have the experience and resources to help survivors of wrongful death victims navigate the many legal issues that come with these kinds of accidents, which can include accident and medical investigation, statutory employer identification issues, expert identification, insurance claims, settlement negotiations, and litigating in court against persons and companies who refuse to take responsibility. Time is of the essence in these personal injury cases. Don’t wait to reach out to one of our Denver personal injury lawyers to discuss the specifics of your case.

According to the National Highway Traffic Safety Administration, pedestrian traffic deaths are unfortunately on the rise. Accidents killed 5,376 pedestrians in 2015 and injured about 70,000 more. Nearly, 5,300 traffic crashes took the lives of one or more pedestrians. On average, a pedestrian dies nearly every 90 minutes in the United States. In fact, pedestrian fatalities account for roughly 15 percent of all traffic deaths. If you or a loved one has been hurt in a pedestrian accident, call Burg Simpson’s lawyers for help.

The vast majority of these tragic – and completely avoidable – accidents occur at night. Factors at play after dark are the obvious lack of visibility and the higher likelihood of drunk drivers. Because of increased foot and motor vehicle traffic, urban centers and non-intersection areas are also both more likely to suffer pedestrian accidents. Speeding drivers, poor city planning, and other variables all lead to a higher rate of pedestrian accidents in urban areas. That’s not to say that rural areas don’t have their share of accidents. Even though there are fewer pedestrian accidents overall outside of cities, pedestrian injuries are usually much more serious and more likely to be fatal. Higher vehicle speeds, a lack of proper walkways and farther distances to a medical treatment all factor into the higher rural mortality rates.

When a wrongful death occurs because of a pedestrian accident, Burg Simpson’s lawyers can help families recover from these tragic losses.

WHAT PEDESTRIANS CAN DO

The NHTSA lists several things pedestrians can do to stay alive when they’re sharing the road with drivers, such as:

  • Use the sidewalk or path whenever possible.
  • If one’s not available, walk along the shoulder, facing traffic.
  • Stay alert; don’t get distracted with electronic devices.
  • Never assume a driver can see you. Make eye contact with drivers as they approach.
  • Be predictable. Use crosswalks or intersections.
  • If a crosswalks or intersections aren’t available, find a well-lit area, wait for a gap in traffic that allows you enough time to cross safely, and continue to watch for traffic as you cross.
  • Be visible. Wear bright clothing during the day, and reflective materials or use a flashlight after dark.
  • Avoid alcohol and drugs when walking; they impair your judgment and coordination just like they do drivers.

If, despite all this, you’ve been hit by a vehicle while walking along the road, call one of our Colorado personal injury lawyers today at 303-792-5595.

WHAT DRIVERS CAN DO

Similarly, there are a number of precautions that drivers can take to avoid hitting a pedestrian, according to the NHTSA, such as:

  • Look for pedestrians everywhere. They may not be walking where they should be and they can be hard to see— especially after dark or during bad weather.
  • Always stop at crosswalks or crosswalk signs.
  • Never pass vehicles at a crosswalk. They may be stopped for
  • Slow down and look for pedestrians. Be prepared to stop when turning.
  • Never drive drunk or under the influence.
  • Obey the speed limit and slow down if you do see
  • Stay focused and slow down when children are usually around, in areas like school zones and residential neighborhoods.

In some circumstances, such as when a driver is impaired, using a cell phone, or speeding, a jury may be able to award punitive damages to the injured pedestrian. Punitive damages are designed to punish the wrongdoer. Sometimes a company that employs a driver can be held responsible for damages, including punitive damages, when the company fails to properly hire, train, or supervise their drivers, or entrusts a driver to drive its vehicles, knowing the driver is a danger to the public.

Premises liability cases involve situations in which someone is injured due to negligence or inaction of a property owner or operator. Property owners are required by law to provide a safe environment for visitors. If you’ve been injured on someone else’s property because of their negligence, don’t wait to call Burg Simpson’s Colorado personal injury lawyers at 303-792-5595.

Incidents typically include:

  • Animal Bites
  • Slip-and-Fall Injuries
  • Negligent or Inadequate Security
  • Swimming Pool Injuries
  • Poor Maintenance
  • Retail Store Liability
  • Restaurant Liability

While states vary on the types and degrees of liability, the status of the victim can be a factor. There are three classification of property visitors: the invitee, the licensee, and the trespasser.

  • Invitees have an implied or expressed offer to enter and/or stay on your property. These are typically public or business guests.
  • Licensees also have an implied or expressed offer to enter and/or stay on your property, but these are typically social guests.
  • Trespassers, obviously, have no invitation to be on your property.

In premises liability cases, it is especially important to act quickly. Your case may depend on the preservation of evidence documenting the state of the property at the time of your injury and on eyewitness accounts of the accident. When you or a loved one has been hurt on someone’s property – whether it’s a home or a business – a personal injury lawyer can help you receive the compensation you deserve.

PREMISES LIABILITY PREREQUISITES

To establish premises liability, there are a few criteria that must be met:

  • The defendant must own the property.
  • The plaintiff must be an invitee or a licensee. While trespassers didn’t used to enjoy any safeguards, the law has gradually granted them more and more protections since the late 1960s.
  • Finally, there must be actual negligence—a breach of the duty of care—or a more overt wrongful act, such as an assault.

If someone you care about is injured on someone else’s property, you may be eligible for compensation. Contact us now.

SLIP, TRIP, AND FALLS

Slips, trips, and falls are by far the most prevalent of premises liability injuries. While property owners aren’t necessarily responsible for every slip and fall on their property, if unsafe and preventable conditions led to the injury, then the owner may be at fault. However, if the victim was impaired or behaving recklessly, he or she may be responsible for any injuries sustained and not the property owner. They also may not be responsible if they had no notice of the unsafe or dangerous condition on their property.

Some examples of property owner negligence can include:

  • Poor lighting.
  • Slippery surfaces, including stairs.
  • Unmarked steps.
  • Obstructions.
  • Loose tiles or ripped carpeting.

Nevertheless, these lawsuits can be very difficult to win. If you’ve been hurt because you slipped and fell on someone’s property, call us as soon as possible so we can preserve the evidence, assemble eyewitness accounts, and establish the facts in your case early. The longer you wait, the less successful your case may be.

Negligent Security

Negligent security is another type of premises liability. These claims occur when a legitimate resident or visitor to a property is injured as a result of the property owner’s failure to maintain adequate security on the property. Negligent security cases often involve physical or sexual assault and the damages can be quite extensive. Most negligent security case involves residential buildings, such as:

• College dormitories.
• Apartment buildings.
• Hotels and motels.

Negligent security cases can arise out of inadequate lighting or security in office buildings as well as business and residential parking lots. If the inadequate lighting or security created an unsafe condition and you were assaulted as a result, you may have a legitimate negligent security claim against the property owner in a third-party action.

Tenants and visitors have the right to reasonably expect a safe environment. Such expectations can include:

  • Locked buildings.
  • Adequate lighting.
  • Security personnel on staff and monitoring the premises.
  • Secure, staffed lobbies.
  • Sufficiently maintained security equipment.

Defective products injure thousands of consumers every year. These products are used at the office, at home or on vacation. Sometimes those injuries are preventable, products of operator error, but more often than not, these injuries occur because the product itself is defectively and unreasonably dangerous. From trucks to snowmobiles, stoves to medical equipment or medications, defective products can cause serious and sometimes catastrophic injury or death. The personal injury attorneys at Burg Simpson in Denver are here to help you.

WHAT KINDS OF PRODUCTS CAN BE DEFECTIVE?

Any consumer or commercial product can be defective and unreasonably dangerous. Some products seem to manifest defects more others, and those defects cause far more injuries because of their widespread use, such as:

  • Pharmaceuticals: Roughly 170 million Americans take prescription medications on a regular basis. Despite exhaustive testing protocols and Federal Drug Administration regulation, properly prescribed medicines lead to nearly 2 million hospitalizations every year, killing 128,000 annually. That puts prescriptions drugs as the No. 4 cause of death in the United States. Newer drugs are particularly risky, with one in five new prescription drugs leading to a serious reaction after FDA approval.
  • Medical Devices: Every year, thousands of reports of deaths and serious injuries from medical devices flood into the FDA. As the industry itself has seen unprecedented growth, the number of injuries and deaths as a results of these devices has skyrocketed, as well.
  • Motor Vehicles: Since Congress passed the National Traffic and Motor Vehicle Safety Act in 1966, more than 390 million vehicles have been recalled over safety issues. Recalls have ramped up over the past few years, hitting a peak in 2015, when nearly 870 separate recalls pulled more than 51 million vehicles off the road.

Other examples of defective products include:

  • Consumer products.
  • Construction/building equipment.
  • Recreational equipment.
  • Sports equipment.
  • Heavy machinery.
  • Farm equipment.
  • Appliances.
  • Industrial products.
  • Industrial equipment.
  • Oil and gas equipment.
  • Toys.

WHAT ARE THE TYPES OF PRODUCT DEFECTS?

Defects come in a few different shapes and sizes. They can come in the form of bad product design or shoddy manufacturing. A product can also be defective and unreasonably dangerous if it’s marketed and sold without adequate warning about the product’s dangers.

Design defects: These defects arise when a manufacturer designs a product that fails to eliminate – or in fact creates – an inherent danger in the product. Design defect claims occur regardless of whether the product was manufactured according to the design specifications. Motor vehicles, recreational equipment, consumer products, pharmaceuticals, and heavy equipment, are just a few of the products that hit the market with a design defect. Design defects frequently lead to a safety recall of the defective products by the manufacturer or government regulators.

Manufacturing defects: These flaws are a result of the manufacturing process. Manufacturing defects typically affect just a few of the company’s products, but they can also be more prevalent in some instances. For example, a food processing plant that fails to properly clean or maintain its equipment can be held liable for contaminating a product – such as ice cream, juice, or produce – with deadly bacteria. Another example is a manufacturer who’s liable for a product failure when it improperly fabricates materials during a production run, creating a dangerous critical unseen weakness in the final product.

Failure-to-warn defects: Manufacturers and sellers can also be held liable when they fail to warn buyers, end users, and consumers that their products have certain dangers. These failure-to-warn defects against dangers can cause a product to be unreasonably dangerous. Consumers have grown accustomed to seeing warnings on all kinds of products sitting on store shelves. Vehicles, recreational equipment, baby products, toys, pharmaceuticals, and other consumer products pose dangers that can lead to serious injury or death. Most manufacturers and sellers try to warn consumers about their products’ dangers. However, sometimes they fall short. When they do, they can be liable for injury or death caused by that failure to warn.

WHAT AM I ENTITLED TO?

A person injured by a defective product might have a claim against the company or companies that designed, manufactured, or sold the product. Consumers injured by a defective product may be entitled to compensation for:

  • Economic Losses, which include past and future medical and rehabilitation expenses, lost income, loss of earning capacity, and out-of-pocket costs.
  • Non-Economic Losses, which include pain and suffering, loss of enjoyment of life, mental and emotional distress, inconvenience.
  • Permanent impairment and disfigurement.
  • Loss of consortium by an affected spouse.

The family of a person killed by a product may be able to bring a wrongful death claim and recover economic and non-economic damages.

WHAT SHOULD YOU DO IF YOU OR A LOVED ONE HAS BEEN INJURED OR BEEN KILLED BY A PRODUCT?

After getting medical attention, you should immediately get in touch with a personal injury lawyer experienced in handling defective product liability/defective product claims. Many states have special laws governing product liability lawsuits and they could limit your rights and make bringing claims for injuries against a product manufacturer difficult. Most importantly, the time you have to file such a claim is limited.

The corporations that manufacture these products often have significant resources—money and lawyers—to protect themselves. That’s why it’s important for you, the consumer, to reach out to a law firm that has the experience and resources available to fight back against these corporations. You need someone on your side to help make sure your rights are protected. The family of a person killed by a product may be able to bring a wrongful death claim and recover economic and non-economic damages. If this has happened to someone you love, call our lawyers in Denver now at 303-792-5595.

WHAT KINDS OF PRODUCT LIABILITY CASES DOES BURG SIMPSON HANDLE?

Our lawyers have handled product liability cases involving serious injury or death for over four decades. We’re committed to helping victims seek compensation for injuries caused by the fault or negligence that lead to a defective product making it to the marketplace. Our experienced lawyers have helped thousands of persons suffering from serious personal injuries, and the families of those who’ve lost their lives to defective products, rebuild their lives. We have the experience and resources to help you navigate the many legal issues that surround product liability claims, including causation investigation, expert retention and evaluation of product defects, medical injury investigation, damages issues, insurance claims, settlement negotiations, and, if necessary, litigating in court against persons and companies who won’t take responsibility.

Few things are as characteristically Colorado as winter sports. The Centennial State is North America’s most popular skiing destination, hosting roughly 20 percent of the country’s ski traffic ever year. That traffic generates nearly $5 billion in economic activity, while supporting roughly 46,000 jobs. If you’ve been hurt in a collision on Colorado’s slopes, contact our attorneys at Burg Simpson for help as soon as you can.

Clearly, skiing and snowboarding remain incredibly popular recreational pastimes, especially in Colorado and throughout the Rocky Mountain region, with residents known for their love of the outdoors. Even though snowboarding numbers have fallen a bit since their 2011-2012 peak, it’s still a very popular cold weather pastime, especially for younger tourists. Skiing, however, is more popular than ever, with sales and participation both up nearly 20 percent over the last decade.

While there are plenty of beginner skiers and boarders sharing the slopes with more experienced  skiers and snowboarders, the average age of accident victims has risen in line with the average age of the skiers and boarders themselves. In fact, most fatalities strike the same age group that engages in high-risk behavior everywhere else: men between their late teens to late 30s.

Skiing injuries can be devastating, and even deadly, for victims. Each year a few dozen skiers and snowboarders lose their lives on Colorado’s mountains. While snowboarding deaths continue to creep up, skiing deaths have actually leveled off over the past few years. Burg Simpson’s injury attorneys are committed to helping skiing and snowboarding victims, as well as their families. Reach out to Burg Simpson today by calling 303-792-5595 or by filling out our Case Evaluation form if you have been hurt in one of these horrible accidents.

TYPES OF SKI/SNOWBOARDING ACCIDENT INJURY

Skiing and snowboarding both look a lot easier than they are. They are sports, after all, and require proper conditioning, equipment, and care. While skiers are at greater risk of knee injuries, snowboarders are much more likely to hurt their upper body. Both activities, of course, share a host of injury risks:

  • Knee injuries, such as ACL/PCL tears, and meniscus injuries.
  • Neck and shoulder injuries, such as fractures, torn rotators cuffs, shoulder dislocations and separations, whip lash, and neck strain.
  • Hand injuries, including skier’s thumb, sprained wrists, broker fingers, and tendinitis in the wrist.
  • Back injuries, which can include muscles strains, lower back pain, and herniated disks.
  • Frost bit and hypothermia are also obvious risks after spending so much time out in the cold.
  • Concussions.
  • Wrongful death.

POTENTIAL RESPONSIBLE PARTIES IN SKI/SNOWBOARDING ACCIDENT CASES

Parties that could be held responsible for these sorts of accidents may include:

  • The ski resort.
  • Ski resort employees.
  • Other skiers.
  • Equipment manufacturers, maintenance companies, and operators.

Burg Simpson has successfully represented ski and snowboarding accident victims in Colorado and across the country. We’re well-versed in the intricacies of the Colorado Ski Safety Act and know what it takes to recover damages for victims. If you or someone you care about has been injured in a skiing accident, you need to retain an experienced ski injury lawyer as soon as possible after the accident to help gather evidence and initiate any necessary legal proceedings quickly.

QUESTIONS ABOUT SKI/SNOWBOARDING INJURY LITIGATION

How do I determine who is responsible for skiing injuries?
Depending on the circumstances of your accident, the ski resort, equipment manufacturers or owners, other skiers, or someone else might be responsible for your ski accident injuries. However, you need to be aware that – in most instances – the Colorado Skier Safety Act do what they can to protect the resorts and other businesses in the skiing industry. For that reason, it’s important that you choose an attorney who has experience in this area of law and has successfully represented ski accident victims.

What kind of damages can I recover?
This can depend on your individual case. You might be able to recover direct medical costs, ongoing care expenses, lost wages, loss of future income, funeral expenses, pain and suffering, and other damages, as applicable.

What are “inherent risks?”
Inherent risks are those the law declares that individuals take when they decide to engage in certain activities traditionally accepted as dangerous, such as skiing or snowboarding. Ski area operators can’t be held responsible for every injury that occurs on their slopes, because the nature of the sport is that certain types of injury simply might be unavoidable.

However, in many cases, injuries aren’t a result of these inherent risks, but caused by someone’s negligence. This would include cases in which the ski areas are improperly marked or patrolled, where standard safety equipment is nonexistent or poorly maintained, and cases in which another party is skiing in an obviously reckless manner.

Burg Simpson has over 4 decades of experience and a track record of success when it comes to fighting for the rights of those hurt on Colorado ski slopes. Ski resort operators have deep pockets and dozens of lawyers working to protect them. The biggest mistake you can make is to try to handle a case like this on your own.

More than 17,000 Americans suffer spinal cord injuries every year. Spinal cord injuries, or SCIs, are classified as any injury to any part of the spinal cord or nerves at the end of the spinal canal that results in reduced mobility, whether it’s temporary or permanent. A sudden blow or cut to the spine can cause a traumatic SCI, which often results in a permanent loss of strength, sensation, and function below the site of the injury.

Most hear “spinal cord injury” and envision a severed spinal cord. But, for most SCI victims, the spinal cord remains intact and simply bruised. Motor vehicle accidents, worksite incidents, sports injuries, and falls can lead to SCIs, which can then lead to temporary or permanent paraplegia and quadriplegia.

There’s no cure for severe spinal injuries, but research is progressing rapidly in testing surgical and drug therapies. Drug treatments to halt progression of paralysis, decompression surgery, nerve cell transplantation, nerve regeneration, and complex drug therapies are all being explored thoroughly as ways to treat SCIs. Treatments can include drugs to treat symptoms and surgery on the spine itself. In some cases, doctors can recover motor function and sensation, at least in part, though a combination of physical therapy and by simply waiting for the effects of the injury to recede.

Today, more than 1.2 million Americans struggle through day-to-day life with paralysis from a SCI. The overwhelming majority of SCI victims are men – four out of five, in fact. The average age at injury has trended older recently: from 29 in 1970 to 42 years old in 2017. Motor vehicle accidents are the most common cause of CSIs, followed by sports-related injuries – which account for more injuries in children and teenagers – falls, and acts of violence. Victims of spinal cord injuries may suffer serious physical, emotional, and financial damages.

Severe Injury Lawsuit Questions Answered


Naturally, as with any other medical or rehabilitative treatment, the associated costs far outpace inflation. Every year, paralysis costs the health care system billions of dollars. Spinal cord injuries alone cost the system about $40.5 billion a year, which is more than a 300 percent increase in less than 20 years – $9.7 billion in 1998.

As a result, people living a life with paralysis, or any type of spinal cord injury, are often unable to keep or attain health insurance that sufficiently covers the complex secondary or chronic conditions commonly linked with paralysis. Because, as experts point out, a spinal cord injury is much more than just a one-time incident. The original injury damages or kills nerve cells in the spine, but, hours and possibly days after, a torrent of other events can take place, including a loss of oxygen and a release of toxic chemicals at the injury site. These secondary events can damage the spinal cord even more. It’s imperative you contact a Denver injury attorney for help before it’s too late.

At Burg Simpson, we typically don’t handle small claims. We prefer to represent victims who have suffered serious injuries and we understand what it takes to convince a jury to award damages for severe and catastrophic injuries. We have the experience and resources to get you the compensation and support that you need.

In addition to spinal cord injuries, Burg Simpson’s experienced personal injury attorneys can handle the following types of severe injury claims:

  • Burn injuries.
  • Brain injuries.
  • Paraplegia claims.
  • Quadriplegia claims.

TYPES OF DAMAGES

Whether the injury occurred as a result of a vehicle accident, medical malpractice, a defective product, or a work-related accident, you need a large law firm like Burg Simpson capable of handling complex lawsuits and recovering the compensation you deserve. Each of these serious injuries can lead to damages for:

  • Disability – These damages are established by medical testimony; a doctor must examine a plaintiff claiming permanent disability and establish that objectively.
  • Disfigurement – When an accident or injury has left someone deformed, typically from scars, the victim might be entitled to damages for any mental suffering as a result.
  • Loss of enjoyment of life – This is defined as a diminished ability to enjoy the day-to-day activities of life.
  • Loss of income – This can include both the wages lost during recovery as well as any potential future income as a result of the SCI.
  • Medical expenses – Bills and expenses for medical services such as doctors, hospital stays, emergency room treatment, ambulance fees, and nursing services. This also includes future medical expenses, if proven that the victim will need ongoing medical care.
  • Mental distress – This can consist of mental or emotional suffering connected to the CSI; these can include fright, terror, apprehension, nervousness, anxiety, worry, humiliation, mortification, feeling of lost dignity, embarrassment, grief, and shock.
  • Pain and suffering – An award for past (and future) physical pain as a result of the injury. This is typically determined, in part, by the nature of the injury, the certainty of future pain, its severity, and how long the plaintiff is expected to be in pain.

CRITICAL FACTORS IN SEVERE INJURY CASES

Most severe injuries – especially spinal cord wounds – can cause damages that go well beyond the initial injury and medical costs. SCIs can lead to a numbers of complications, also known as secondary conditions, such as:

  • Autonomic dysreflexia – A potentially life-threatening condition triggered by an irritant below the injury. Symptoms can include high blood pressure, pounding headache, flushed face, sweating above the level of injury, gooseflesh below the level of injury, nasal stuffiness, nausea, and a slow pulse.
  • Deep vein thrombosis – SCI victims are at risk for deep vein thrombosis in the beginning. Deep vein thrombosis is simply a blood clot that forms in a vein deep in the body, usually in the lower leg or thigh.
  • Sepsis – Also called blood poisoning, this is a life-threatening illness most SCI victims are prone to because of the body’s hampered ability to defend itself. Symptoms typically include infection, fever, and elevated heart and respiratory rates.
  • Side effects of paralysis – These aftereffects include bladder and bowel control, respiratory health issues and spasticity, which can range from mild muscle stiffness to extreme random leg movement.

Finally, there’s the emotional toll SCIs can take, which can sometimes be too much for victims. That’s just one of many reasons it’s critical for you to reach out to an experienced Denver personal injury lawyer as soon as possible following a severe injury case, to help you establish what your damages are and help you go about recovering them from the party or parties responsible.

What’s the difference between economic and non-economic damages?

Economic damages are intended to compensate financial losses. These can include such quantifiable things such as loss of current and potential earnings, medical bills and other expenses, and loss of employment or business opportunities.

Non-economic damages are compensation for more subjective, non-financial losses, such as emotional trauma, pain and suffering, loss of consortium, and other less-tangible losses.

Finally, there are punitive damages, which reference damages awarded as a deterrent and imposed as a punishment. Punitive damages aren’t considered either economic or non-economic, since they’re not meant as compensation. Call us now at 303-792-5595 to discuss the details of your potential case.

What if the injured party was partly responsible?

Most states – and courts – recognize the legal concept of comparative negligence, which apportions portions of responsibility based on portions of liability. In other words, each party shares responsibility for the accident and is then assigned a percentage of that responsibility. For example, if the injured party is found to be 10 percent at fault, and another party 90 percent, the injured party can still recover 90 percent of the assigned damages.

The concept of comparative negligence, and all its various iterations, can be overwhelmingly complicated. If you or a family member have been seriously injured or killed in an accident or through medical malpractice, or because of a defective product, you’ll need an experienced serious personal injury lawyer to represent you. Burg Simpson has the experience, and the resources, to ensure that you can recover the damages you deserve for your injuries and losses.

You would be hard pressed to identify anything more dangerous on America’s roads than the tractor trailers that help fuel the country’s economy. Speeding down the highway at an average of 70,000 pounds, tractor-trailer trucks have a frightening potential to do devastating damage to anything that gets in its way. It’s little wonder these large vehicles were involved in more than 4,000 fatal crashes in 2015, according to the most recent data from the Federal Motor Carrier Safety Administration. If you’ve been injured in a collision with a tractor-trailer truck, call a personal injury lawyer at 303-792-5595 right now.

Make no mistake. Semi-truck drivers undergo hours of training and safety preparation. However, they’re also forced to operate under grueling schedules to meet tight deadlines. Worse still, over the last few years, the trucking lobby has convinced Congress to ease, alter, or outright reject several safety regulations. These interest groups have succeeded in pushing for heavier truck loads, longer beds, and shorter rest periods for drivers. Additionally, trucking companies – in a bid for cutting their payrolls – have been putting younger, less experienced drivers behind the wheel. The latest regulatory rollback in favor of the trucking industry was the withdrawal of rule that would have forced carriers to test drivers for sleep apnea.

When a big rig truck driver causes a motor vehicle accident, they often leave serious property damage, critical injuries, and fatalities in their wake. So don’t be left without the best Colorado attorneyfrom Burg Simpson.

WHAT CAUSES SERIOUS TRUCKING ACCIDENTS?

To have the best defense in your accident case you need to know who was at fault for the crash and what the issues were that lead to the accident. There are many reasons – and factors – that can lead to these tragic accidents, according to an extensive Federal Motor Carrier Safety Administration study.

REASONS:

  • Poor decision making, such as speeding and aggressive driving, lead to 42 percent of collisions.
  • Recognition, or a lack thereof in the form of inattention, caused 35 percent of accidents.
  • Driver performance was behind 7 percent of crashes.
  • Vehicle issues, or faulty equipment, led to 8 percent of accidents.
  • Environment, whether it’s a poor roadway or inclement weather triggered 4 percent of accidents.

The FMCSA study also highlighted the top 10 specific, “causative” factors that led to tractor-trailer truck collisions:

  • Overweight.
  • Making illegal maneuver.
  • Inadequate surveillance.
  • Traveling too fast for conditions.
  • Inattention.
  • Following too close.
  • Misjudgment of gap or other’s speed.
  • Stop required before crash.
  • External distraction.
  • Brake problems.

Other factors that can contribute to a tractor-trailer truck accident include:

  • Impaired driving: A driver’s ability to operate his vehicle is impaired when they are under the influence of drugs or alcohol.
  • Driver fatigue: Because of demanding schedules, drivers are often forced to work excessive hours, on inadequate rest, while they typically fail to observe rest stops – all of which can contribute to fatigue, which can be as deadly as an intoxicated driver.
  • Driver error: Semi-truck drivers are as human as the rest of us, and they can make critical mistakes in hazardous situations, which can lead to an accident.
  • Improper maintenance: All too often, vehicles aren’t maintained properly, and can result in issues that make their operation even more dangerous.
  • Unbalanced truck loads: When carriers are in a hurry to make a deadline, trucks can be improperly loaded, and can lead to dangerous conditions for even the safest of drivers.
  • Road hazards: Hazardous road conditions, whether it’s a result of improper maintenance or objects in the road, can challenge a driver’s reaction time and lead to an accident.
  • Inclement weather: Bad weather, such as rain or snow, can reduce visibility and make the road slick, creating a challenging environment for anyone.
  • Jackknifing: This type of accident occurs when the truck and its trailer fall out of line, twisting to form an L or V shape. These are typically a result of driving too fast for the conditions, especially around a curve. Faulty equipment can also be a factor.
  • Poor training and supervision: Not every carrier is as responsible as they’re supposed to be when they train their drivers, which can lead to inexperienced driver without the tools to deal with hazardous conditions and/or situations.

Legally speaking, any vehicle classified as a “Common Carrier” must adhere to strict state and federal regulations while on the road, which include:

  • The number of hours a truck driver can spend on the road in any given day or week.
  • The amount of rest a driver must have before each trip.
  • The type and size of the cargo that can be hauled.
  • Adherence to heavy truck preventative maintenance schedules.
  • Specific requirements for tracking adherence these regulations.

All truck drivers are required to stop at designated weigh stations to check that their load isn’t overweight, falsely reported, or contains illegal cargo. If a truck is found to be above its weight limit at one of these stations, the driver can be given a ticket but all too often they’re allowed right back on the road with an unsafe amount of weight in tow, increasing the chances of causing a devastating accident. Occasionally offenders might be detained until a specific permit is issued or the weight is reduced. If this was the cause of your accident, contact a Denver semi-truck accident lawyer today.

There are also strict guidelines in place that limit the time a driver can be on the road to no more than 10 consecutive hours, no more than 11 hours in one day, and they may not drive more than 60 hours during one week, or more than 70 hours during an eight day period. To make sure they stay in compliance, the Federal Motor Carrier Safety Administration regulates these hours of service.

RISKS POSED BY IMPAIRED BIG RIG TRUCK DRIVERS

Impaired driving can mean a lot more than just driving while under the influence of drugs and alcohol. Experts estimate that driver exhaustion is a factor in up to 40 percent of trucking accidents. A truck driver can be impaired by influences other than drugs or alcohol, such as lack of sleep or improper use of medications.

Many truckers will even compound fatigue with drug use. Coffee doesn’t go very far in combating real sleep deprivation. Stimulants, such as cocaine and methamphetamines, often help drivers stay awake so they can make their schedule. However, they can also lead to confusion, paranoia, and impaired judgment, all of which can lead to truck drivers to make mistakes behind the wheel.

Using drugs and alcohol before getting behind the wheel of any vehicle is extremely dangerous. When you add in all the possible factors that can cause truck driving accidents, you increase that threat exponentially. While impaired, a driver’s reaction time and judgment is reduced, and these are imperative when driving a commercial vehicle as large as a semi-truck. The federal government has laws in place to regulate truckers taking drugs and alcohol, including regulating legal limits on alcohol intake. Driver’s that have a Commercial Driver’s License are held to a higher standard on the road, so if you have suffered a personal injury due to an impaired truck driver, contact Burg Simpson before it's too late.

DANGEROUS CAUSES OF OVERLOADED SEMI-TRAILERS

Large trucks are inherently harder to operate and dangerous compared to every other vehicle on the road. Since they’re typically bigger, longer, and heavier, they can be more difficult for drivers to maneuver than standard passenger cars. This causes drivers to likely lose control more easily, which can lead to a tragedy if they’re involved in an accident.

Sometimes trucks even have defective parts or aren’t properly maintained per their fleet vehicle maintenance schedule, ultimately increasing their odds of accident. In addition, because of their momentum from weight, it might be nearly impossible to recover from a problem situation particularly in inclement weather.

  • Trucks can lose control easily when going downhill.
  • Truck tires can burst when there is too much weight.
  • Semi-trucks often shift the cargo weight, which can causes steering difficulties and even lead to a rollover.
  • A trailer tractor’s center of gravity could rise, making rolling more probable.
  • Trucks often need a much longer stopping distance than regular automobiles.

Extra weight might cause a bridge or overpass to collapse, putting other lives in serious danger. Large amounts of weight adds momentum, which can put added stress on the brakes, causing them to fail.

Truck engines have a device built into them called an Electronic Control Module. These so-called “black boxes”, capture information regarding the operation of the truck during driving. The truck ECM can be crucial evidence to prove any negligence or wrongdoing of the driver involved during a civil lawsuit. In some cases, it could also prove negligence on the trucking company’s part, increasing your odds during litigation.

COMMON QUESTIONS ABOUT TRUCK ACCIDENT LAWSUITS

What is a “Common Carrier?”

A common carrier is referred to as any company that fleets oversized vehicles to transport goods. These fleets can be composed of buses, trains, airplanes, or semi tractor-trailers. These large vehicles are subject to strict laws by state and federal governments. Whether these vehicles are compliant with these laws might be an important factor in your case if you’re injured in an accident involving a common carrier vehicle.

What are some legal issues with trucking accidents?

Trailer trucks and the trucking companies that operate them must abide by stricter rules and regulations than private vehicles. They must pay attention to how many hours the driver is allowed to operate the vehicle during any one stretch of time, the type of load it’s allowed to carry, how the truck is maintained, when it’s serviced, and much more. If you’d like to know more about the rules and regulations that must be followed by these companies and their truck drivers, reach out to a Burg Simpson trial lawyer today to see what your case may be worth .

Who’s responsible when a big rig truck driver is found to be at fault?

More than one party can be found to be at-fault for a trucking accident, including the trucking company. The truck manufacturer that might have supplied faulty assembled parts could even be held to product liability rules for damages. The trucking company has a responsibility to monitor their drivers and maintain the equipment under a timed fleet schedule. Drivers who fail to adhere to their specific licensing responsibilities or trucking laws, who were driving carelessly, or did not follow regulations for truck stop checks, can also be found at fault.

Who is allowed to drive big trucks?

Truck drivers must have a special Commercial driver’s license, which is different than a regular driver’s license. Special training and tests are required to obtain a CDL and keep it. Furthermore, there are different classes of CDLs, which dictate the types and weights of trucks that drivers are permitted to operate. Extra training and tests apply to drivers who haul certain types of cargo, like hazardous materials, or who drive certain types of truck equipment like triple trailers. Accidents and violations of traffic or trucking laws can cause a driver to lose his or her CDL.

What is an “under-ride” accident?

Because tractor trailer vehicles are so much larger and sit higher than passenger cars, sometimes a car's hood and engine compartment, or even its trunk, can slide underneath the trailer truck causing impact to occur directly to the occupant compartment of the car. These accidents are particularly dangerous and can cause serious injury, decapitation, and even death. An under-ride accident can occur due to impact between a car and the front, rear end, or side of a large trailer truck.

If you’ve been involved in a tractor trailer accident, it’s important that you find a lawyer you can trust before it’s too late and start to build your trial case immediately. A Burg Simpson Colorado personal injury attorney has the experience and knowledge of state and federal regulations these truckers must abide by. Many of our injury accident lawyers even have a CDL license of their own from past experiences. Let a Denver Injury Attorney help gather the evidence needed to build your case by filling out the Free Case Evaluation form today! You can also call us right now at 303-792-5595.

Apitla Logo - Personal Injury Lawyer - Burg Simpson LawyersAlong with being the Denver injury lawyer department head, Stephen Burg is a nationally recognized member of several associations including the Association of Plaintiff Interstate Trucking Lawyers:

Stephen has also given presentations on trucking cases and published several articles for Personal Injury topics online. Here are a few examples of cases that Stephen has fought and won for his clients:

  • Represented a family who was hit by a semi-truck: $2.1 million won
  • Represented client hit by a CDL vehicle suffering right leg injury: $183,000 won
  • Represented Clients hit by gas truck causing orthopedic injuries: $1.37 million won
  • Represented a 79 year old client hit by a truck, causing brain injury: $1.5 million won

*These are only a few examples of clients represented in the area of Trucking Accident Lawyers. Please contact a Burg Simpson Colorado Personal Injury Lawyer for more information.*

A dangerous workplace can lead to serious injuries and debilitating illness, including many dangerous diseases. When an employer does not provide a workplace that is safe and healthy, it can cause several different health problems for its employees. Our dangerous workplace attorneys at Burg Simpson will work with your employer to protect your rights for a safe and healthy workplace. We will also help you recover from any injuries or diseases that you’ve suffered as a result of working at a dangerous workplace.

Toxic workplace exposures can stem from the use of any number of products such as asbestos, silica, welding rods, or other potentially harmful substances. In Colorado, workers’ compensation generally provides the “exclusive remedy” for diseases developed because of workplace exposures. That means if the employer has workers’ compensation insurance, the employee is able to receive compensation benefits and cannot sue the employer. However, the individual might have a product liability or toxic tort claim because of toxic exposure in the workplace.

If you’ve suffered an injury as the result of an unsafe workplace, please call us today for a free consultation. Burg Simpson is here and ready to help you through this tough time. Our experienced workplace attorneys have worked with employees who have been harmed because they spend their days in toxic workplace environments. We’ve worked with victims suffering from:

Mesothelioma

Mesothelioma is an extremely rare form of cancer found in the thin linings of the lungs, stomach, heart, and other organs. Excessive asbestos exposure causes mesothelioma through the inhalation of asbestos particles. This is a very aggressive cancer and often appears without few, if any, warning signs. If you believe you’ve contracted mesothelioma because of asbestos exposure where you work, fill out our Free Case Evaluation form immediately.

Some workplaces, such as naval bases, rail yards, power plants, industrial sites, schools, auto mechanic shops, steel mills, and military bases, can contain asbestos. You could also have been exposed to asbestos due to exposure from home insulation, ceiling tiles, roof tiles, or certain residential building materials.

Asbestos is a naturally occurring mineral that has been a popular building material used for insulation, fire protection, and resistance to corrosion. Like any cancer, the diagnosis of mesothelioma requires medical exams and testing. Some signs of the disease include:

  • Significant asbestos exposure for at least two years prior to 1972.
  • Pleural effusions (excess fluid around the lungs).
  • Significant, unexplained weight loss.
  • Sudden onset of shortness of breath.

While there is no cure for mesothelioma, the earlier workers are diagnosed with the disease, the more treatment options are available, and the better the chances of a full recovery.

If you believe you’ve contracted mesothelioma – or you know that you’ve at least worked in an environment that contains asbestos, do not wait to speak with a personal injury lawyer in Denver by calling 303-792-5595 right now.

Welding Rod Fumes

There are two types of welding processes used in manufacturing and construction. There’s fusion welding, which is just heat. There’s also pressure welding, which uses heat combined with pressure. Additionally, fusion welding can be performed in a few ways, such as:

  • Arc welding: This is probably the most common method of welding materials together. Arc welding bonds pieces of metal together by creating an electrical arc to melt a filler material that bonds the two pieces to be welded together. Arc welding machines are usually portable, allowing them to be used anywhere, which is why it’s also the most common method of underwater welding.
  • Gas welding: Instead of electricity, gas welding uses oxygen to melt and bond the source materials.
  • Thermit welding: Thermite welding – also known as exothermic welding, is a welding process that employs that bonds join conductors. The process uses an exothermic reaction of a thermite composition to heat the metal, and requires no additional source of heat.

All of these welding types – by their very nature – produce fumes as a result of the process. These fumes can contain both metals and gases that can be extremely harmful, especially after prolonged exposure. According to OSHA, there are several factors that can help mitigate – or exacerbate – employee exposure, such as:

  • Type of welding process.
  • Base metal and filler metals used.
  • Welding rod composition.
  • Location (outside, enclosed space).
  • Welder work practices.
  • Air movement.
  • Use of ventilation controls.

This exposure can result in a number of side effects, both short and long term. In the short term, employees may experience eye, nose and throat irritation, dizziness and nausea. Longer exposure can cause lung damage and various types of cancer, including lung, larynx and urinary tract.

Further health effects from certain fumes, according to OSHA, also can include metal fume fever, stomach ulcers, kidney damage, and nervous system damage. Prolonged exposure to manganese fume can cause Parkinson’s–like symptoms. Other gases, such as helium, argon, and carbon dioxide, displace oxygen in the air and can lead to suffocation, particularly when welding in close spaces. Carbon monoxide gas can also form, posing a serious asphyxiation hazard.

The Colorado attorneys at Burg Simpson will work with your employer to protect your rights to a safe and healthy workplace, while also fighting for your right to receive compensation for any injuries you might have suffered.

SICK BUILDING

Sick building syndrome is a broad term that refers to the development of illness or disease as a result of working in a building with the presence of chemicals, compounds, or substances that can cause a person to become ill. These can include glues, paints, mold, or other substances that irritate the human body after exposure. Symptoms can include a persistent cough, chest pain, shortness of breath even after mild exertion, edema, palpitations, nosebleeds, cancers, pregnancy problems and miscarriages.

In many states, workers’ compensation generally provides the “exclusive remedy” for diseases developed because of harmful workplace exposure. That means if the employer has workers’ compensation insurance, the employee receives compensation benefits and cannot sue the employer.

However, the individual may have a claim against others because of toxic exposure in the workplace. For example, if the employer rents or leases space from the owner of the building, it might be possible to bring a premise liability claim. It might be possible to bring a claim against the persons or companies who provided the materials that caused the sick building.

What makes this so scary is that even the safest workplace can harbor toxic elements. Some worksites appear inherently dangerous – such as construction sites or manufacturing plants – while others can seem perfectly benign, such as a white-collar office environment.

When a family member or loved one dies, the pain and loss is unimaginable and almost impossible to fully absorb. When you lose a loved one because of someone else’s negligence or misconduct, that sense of loss can be even more painful. Colorado law provides relief for anyone who’s lost a family member because of the careless actions of another. Specifically, the Colorado statute provides compensation for the family members of anyone whose death was the result of “a wrongful act, neglect, or default of another.”

At Burg Simpson, our personal injury lawyers in Colorado have successfully litigated many wrongful death lawsuits over the last four decades. We understand the agony you’re going through and, while we can’t bring your loved one back, we’ll do everything in our power to help you get the full compensation you deserve.

Wrongful death claims can arise out of an auto accident, medical malpractice or even a defective product. For example, a wrongful death claim may be brought if you’ve lost a loved one as a result of someone’s negligence or reckless conduct, including but not limited to:

  • Medical malpractice: Medical errors are now the third-leading cause of death in the United States.
  • Motor vehicle accident: More than 1 million drivers – and passengers – die on America’s roadways every year.
  • Dangerous premises: This can include several different incidents, but ultimately hold a property owner and/or manager liable for any death on the property.
  • Dog bites: While dog bit deaths are rare, they’re particularly tragic because they’re easily preventable and the victims are almost always young children.
  • Nursing home abuse: Nursing home residents, sadly, suffer in silence. Studies reveal that nearly 70 percent of abuse cases go unreported in this country.
  • Work related injuries: Nearly 5,000 workers die on the job every year.
  • Defective products: Defective and poorly labeled products kill more than 22,000 people annually.

WHAT DAMAGES CAN BE RECOVERED IN A WRONGFUL DEATH CASE?

Depending on the circumstances of your particular case, damages could be recovered for funeral expenses, lost wages, future income potential, pain and suffering on behalf of the decedent and the decedent’s loved ones, medical bills, and other causes. For help calculating and predicting expenses and damages in a wrongful death case, it’s important to consult with a Denver injury lawyer who has the experience and resources to help you to determine and recover the appropriate damages from the responsible party or parties.

WRONGFUL DEATH CASES MAY COMPENSATE FAMILY MEMBERS FOR:

  • Medical expenses.
  • Funeral expenses.
  • Loss of income.
  • Loss of benefits.
  • Care of a child.
  • Pain and suffering of the survivors.
  • Punitive damages.

WHAT IF THE PERSON RESPONSIBLE FOR THE WRONGFUL DEATH HAS NO INSURANCE?

In many cases, there may be other avenues to pursue to receive compensation for your loss. These may include the person’s employer, your own insurance company, or a third party. In cases like this, it’s essential that you retain an experienced personal injury lawyer who knows where to look to find the resources needed to help your family get back on their feet. Call us today at 303-792-5595 or fill out our FREE Case Evaluation Form now to receive a no-cost, no-obligation consultation before it’s too late.

WHO CAN FILE A WRONGFUL DEATH CLAIM?

In general, the decedent’s spouse, children, and/or parents can claim damages under a wrongful death claim. The guidelines can be confusing so it’s in your best interest to consult with a reputable lawyer to determine who has a legal right to damages in your case.

Also, it’s important to keep in mind that, generally speaking, Colorado’s statute of limitations on wrongful death claims is limited to 2 years.

If one of your loved ones was killed because of someone else’s negligence in Colorado or anywhere in the United States, you need experienced wrongful death lawyers to represent you.

WHAT IS YOUR PERSONAL INJURY CASE WORTH?

Our team of Denver personal injury lawyers, legal assistants, and support staff will take a look at every case and sift through a variety of criteria to determine the validity of your particular personal injury case. These can include:

  • The nature and extent of the personal injury and the treatment received.
  • The extent of liability of each party involved.
  • The potential economic loss the victim suffered, based on factors such as work history, salary and salary history, the injured person’s ability to return to work, and the extent of the injury.
  • Potential future medical needs.
  • Evidence of pre-existing medical conditions that might mitigate the value of the case and amount of available insurance.

The types of damages that can be recovered include economic, non-economic and sometimes even punitive damages.

Click here to see some examples of our PERSONAL INJURY CLIENT RESULTS.

PROTECT YOUR RIGHTS

In the process of working with your personal injury attorney, don’t talk to anyone from the other party’s insurance company. Make sure to not provide any sort of recorded or written statement. And don’t sign anything for anyone, even your own insurance company, without first speaking to your Denver injury attorney. Even if someone is offering to pay your medical bills, again, do not sign or accept anything without first talking to your personal injury attoney. Depending on the circumstances of your personal injury case, there are several types of insurance that can be relevant, such as:

  1. Homeowners
  2. Automobile
  3. Life
  4. Health
  5. Workers’ compensation
  6. Disability
  7. Commercial property
  8. Commercial liability
  9. Business owners’

Any given personal injury case can involve one or more of these insurance types, which makes it even more crucial that you speak with an experienced personal injury attorney who can act as your informed advocate to protect your rights in the face of insurance companies who are only looking out for their shareholders. Our Burg Simpson attorneys have the knowledge needed to help you through this complex process, so don’t go at it alone.

HOW MUCH TIME DO I HAVE?

The sooner you get help from a Colorado personal injury lawyer, the better your chances of securing compensation. You wouldn’t come home from work, find your house cleaned out, and wait until the weekend to call the police, would you? Of course not. Your best chance at getting your stuff back is to call the authorities right away. Similarly, you shouldn’t wait to call a trial attorney after you’ve been injured. It’s crucial to start your case immediately after the personal injury occurred, so contact us for your free consultation now.

It’s also worth remembering that these cases can take some time. Lawsuits and legal negotiations are not usually rapid endeavors. The legal system is methodical by design. Settlements have been known to happen quickly, but it’s just as likely that a case can take months or even years to work its way to resolution, especially when you’re dealing with insurance companies. Our injury lawyers have dealt with dozens of insurance companies and hundreds of these cases, so they’re fully prepared to walk you through what can sometimes be a frustrating, time-consuming process.

WHAT TO EXPECT AT YOUR INITIAL CONSULTATION

One of our paralegals will probably interview you before you ever meet with one of our personal injury attorneys. This trained professional will ask you several questions to better prepare you and our staff for the initial consultation. This might take the form of a personal meeting in our office or a phone call, depending on the severity of your injuries. Our personal injury lawyers are also willing and able to meet with you at a medical facility, if necessary. These consultations can sometimes be emotional events, so it’s completely understandable to bring a family member or loved one to your meeting with one of our Colorado personal injury attorneys.

Frequently Asked Questions

Finally, it’s natural to have questions and concerns in the aftermath of such a painful, traumatic event. So we’ve provided thorough Personal Injury FAQ to help address some of those important questions. This does not as a substitute for a conversation with one of our Colorado personal injury attorneys. So call us at 303-500-5995, we can answer all the questions you have.

No matter how bad your injury, we are here for you! Burg Simpson will help you through the details of your incident and case, even if it is brought to trial. Fill out a FREE Case Evaluation form today or call us before it’s too late to discuss your situation with a Colorado personal injury attorney!

Why Choose Burg Simpson?

Results

10,000+ Clients
100+ Recoveries in excess of $1M

Reputation

Award-Winning Firm & Lawyers
$1B in Verdicts, Settlements & Judgments
40+ year history

Resources

50+ Attorneys
Nationwide Representation

Our Personal Injury Team

Click for your free case evaluation

The Merrimack Valley Gas Explosion – Victims Represented by BurgSimpson

 October 15, 2018

The Merrimack Valley Gas Explosion – Victims Represented by BurgSimpson

The Law Firm of Burg Simpson Eldredge Hersh & Jardine to address those affected by the Merrimack Valley Gas Explosions Burg Simpson is a nationally recognized trial firm with extensive experience handling lawsuits involving gas explosions.  They have received multi-million dollar verdicts in gas explosion cases, and are currently working to assist those harmed by… Read more »

Mass Torts Made Perfect – 2018

 October 9, 2018

Mass Torts Made Perfect – 2018

Burg Simpson’s mass tort team recently attended the Mass Torts Made Perfect bi-annual conference held on Oct 3rd through the 5th in Las Vegas. The conferences are designed for individuals working in the area of plaintiff mass torts and personal injury litigation, as well as securities and toxic torts. The conferences are the largest plaintiff mass… Read more »

Barrister’s Best

 October 8, 2018

Barrister’s Best

The attorneys and professional staff at Burg Simpson Eldredge Hersh & Jardine congratulate Michael S. Burg and David P. Hersh for receiving Law Week Colorado’s Barrister’s Best Awards for 2019! Michael Burg, the firm’s founder, was selected as Barrister’s Best by People’s Choice for Best Class Action/Mass Tort Lawyer, Plaintiffs. David P. Hersh, a shareholder… Read more »

Car Crashes Can Have Life-Changing Consequences

 October 2, 2018

Car Crashes Can Have Life-Changing Consequences

Car crashes can have life-changing consequences, and that is why it is critical for accident victims to have an experienced personal injury attorney to protect their legal rights. Burg Simpson shareholder Stephen J. Burg has a history of obtaining jury verdicts on behalf of his clients and a reputation for his legal excellence. Stephen Burg’s… Read more »

Cedar Ridge Apartments Explosion – Personal Injury Lawyers – Denver Burg Simpson

 August 29, 2018

Gas Company Found Responsible for Cedar Ridge Apartments Explosion

The news seems to be filled with stories of gas explosions. Whether it’s in a residential area, such as the one in a Denver neighborhood that blew a hole through a multi-family residence, or the one at a gas collection facility in Grand County, Colorado, that injured two workers in July, these preventable tragedies appear… Read more »

Sterilization Breach – Personal Injury Attorney – Denver Burg Simpson

 August 20, 2018

Sterilization Breaches Put Patient Lives at Risk

Odds are, if you’re at the doctor’s office or the waiting room at the dentist, it’s because you don’t feel well. You’re there because you want to feel better, and you have faith that these trained professionals can help with that. So, it can be particularly devastating when these places of healing end up making… Read more »

Natural Gas Explosion – Personal Injury Lawyer – Burg Simpson Denver

 August 17, 2018

Natural Gas Explosion Injures Several in Denver

An explosion shattered an otherwise typical, late summer afternoon in Denver earlier this week. A natural gas line burst in the historic Baker neighborhood, blasting a hole through a multi-family residential unit. The explosion left nine people injured – one of them critically. One fire department official told the Denver Post that it was the… Read more »

Kids Safe – Colorado Personal Injury Attorney – Burg Simpson

 August 8, 2018

Keep Your Kids Safe This Summer Season

It’s as surprising as it is scary, but three out of four parents mistakenly think their child’s in the correct size or kind of car seat, according to the Colorado Department of Transportation. Considering that motor vehicle accidents are one of the leading causes of child deaths, it’s an issue worth addressing. Nearly 650 people… Read more »

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

 May 3, 2016

Ring of Fire: Even Republicans Are Disgusted by The Republican Party

A Ring of Fire first! Host Farron Cousins talks to former Senator Alan Simpson in a unique opportunity on Ring of Fire to speak with a Republican about the current state of the Republican Party.

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

CBS 4: Michael Burg Inducted to Trial Lawyer Hall of Fame

CBS 4 in Denver highlights Burg Simpson attorney Michael S. Burg’s induction into the Trial Lawyer Hall of Fame

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

 April 28, 2016

Radio 850KOA: Michael Burg Inducted to Trial Lawyer Hall of Fame

Denver’s Radio 850KOA ran a news story about Michael Burg’s induction into the Trial Lawyer Hall of Fame.

Ring of Fire: The Unseen Economic Crisis

 February 29, 2016

Ring of Fire: The Unseen Economic Crisis

Ring of Fire host Farron Cousins talks with Michael Burg about taxes and the government’s resistance to upgrade America’s infrastructure.

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