what type of lawyer should you get if you are suing colorado for negligence

The state of Colorado limits how long you can file a malpractice case. If you believe you’re the victim of legal malpractice, we strongly encourage you to have a legal malpractice attorney review your circumstances. A negligent attorney should be held liable for their mistakes and oversights that hurt your case.

Full Answer

Can I sue a lawyer for negligence?

Under Colorado law, negligence per se occurs when a person violates a legal rule or statute. If a person violates a law, it is presumed that he or she acted negligently. To prove a negligence per se case, a plaintiff must prove that: the defendant violated a statute, law, or regulation;

Where can a Colorado medical malpractice attorney help me?

When you need a law firm to help you claim compensation after suffering injuries due to medical negligence or malpractice, the experienced attorneys at Bachus & Schanker are here for you. If you have been the victim of medical negligence or are unsure if you have a case, we invite you to contact our medical attorneys.

What kind of lawyer do I need to file a lawsuit?

Dec 14, 2019 · You wait for the bar’s representatives to respond, and you begin building the evidence to support your claim. How to sue a bar for negligence involves filing legal documents and proving that the bar acted negligently in a way that caused the accident. Suing a Bar After Assault. Suing a bar after assault begins with filing a legal claim.

What are the grounds for a lawsuit against a lawyer?

Feb 05, 2013 · You need a personal injury attorney. If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible.

What must you prove to win a negligence case?

What type of negligence state is Colorado?

Can you sue for negligence?

What is the negligence law in Colorado?

What is an example of contributory negligence?

How do you define negligence?

What are the 4 types of negligence?

What is the most difficult element of negligence to prove?

What is the test for negligence?

Is Colorado comparative or contributory negligence state?

What is the statute of limitations for personal injury in Colorado?

What is pure comparative negligence?

What is Medical Negligence?

Medical negligence is healthcare that doesn't meet minimum standards. It occurs when patients don't receive the care they should receive compared t...

How Do You Prove Medical Malpractice?

To prove medical malpractice, you answer two questions:nn tWhat is the minimum standard of adequate care in a situation like this?n tHow did the ca...

When Should You File a Medical Malpractice Lawsuit?

You should file a medical malpractice lawsuit before the statute of limitations expires. Colorado law imposes concise time deadlines to file a clai...

What Are the Types of Damages You Can Recover in a Medical Malpractice Case?

In a medical malpractice case, victims may qualify to recover:nn tThe cost of medical treatment for new injuriesn tProlonged medical treatment beca...

Why Work With Bachus & Schanker?

The medical malpractice attorneys at Bachus & Schanker are a skilled and experienced legal team. We're dedicated to representing only victims and t...

What is negligence in Colorado?

Negligence occurs in Colorado when a person fails to act in a way that a reasonably careful person would act in the same situation. When this lack of care causes a person to be injured, the victim may sue the negligent party for money damages. Proving Negligence in Colorado.

How does a plaintiff prove a case in Colorado?

in the same circumstances. Burden of Proof. In civil cases in Colorado, a plaintiff must prove his or her case by a “preponderance of the evidence.”. A case is proven by a preponderance of the evidence if the plaintiff shows that a fact is more probable than not to have existed or to be true.

What happens if a plaintiff is 20% at fault for his injuries?

If a plaintiff is 20% at fault for his injuries, the damages awarded to him by a jury will be reduced by 20%.

What is modified comparative fault in Colorado?

Modified Comparative Fault. Colorado uses a modified comparative fault / negligence rule when figuring out how damages are awarded and adjusted.

What happens if a person violates a Colorado law?

If a person violates a Colorado law, it is presumed that he or she acted negligently. To prove a negligence per se case, a plaintiff must prove that: the defendant violated a statute, law, or regulation; the statute in question was created to prevent the same type of injury suffered by the plaintiff;

What is the cap on medical malpractice in Colorado?

Caps limit the amount of damages that can be awarded in certain cases. Certain “caps” apply to Colorado negligence cases. There are caps in place in Colorado depending on the type of claim or type of damages: Medical Malpractice: $1,000,000 total damages of which no more than $300,000 may be for pain and suffering.

How to prove damages?

To prove damages, a plaintiff must show that some injury occurred as the result of a defendant’s negligence. This can be proven by showing:

Who can be sued for malpractice?

Generally speaking, an attorney led Medical Malpractice claim may be pursued against those who provide medical or health care to a patient, including, physicians, registered nurses, hospitals, dentists, nursing homes, and pharmacists.

What is medical malpractice in Colorado?

Our Medical Malpractice lawyers in Colorado know that medical professionals including doctors, nurses and physicians’ assistants are required to follow a strict “standard of care,” and provide medical treatment in the manner that similarly licensed medical professionals are supposed to provide care. Medical malpractice occurs when a physician fails to do what a reasonably careful and similarly licensed physician should have done in the same situation.

How to determine if a malpractice case exists?

In order to determine whether a potential malpractice case exists, a medical expert must carefully review the medical care in question to determine whether the patient received substandard care and whether the substandard care caused the patient to suffer substantial injuries. At Bachus & Schanker, LLC, after an initial review by our experienced Medical Malpractice lawyers, we will have board-certified and objective medical experts conduct a complete review of the circumstances surrounding the cases we believe to have merit. If a doctor certifies that the patient received substandard care, a malpractice claim may be pursued by our malpractice lawyers against those who provided medical care to the patient, including doctors, nurses, and hospitals. Generally speaking, an attorney led Medical Malpractice claim may be pursued against those who provide medical or health care to a patient, including, physicians, registered nurses, hospitals, dentists, nursing homes, and pharmacists. Medical malpractice claims may be brought on by you and your lawyer against individuals, partnerships, professional associations, and corporations.

How long do you have to file a medical malpractice claim in Colorado?

In that case your malpractice attorney will explain that under Colorado law, (C.R.S. 24-10-109) you must notify a governmental entity within 180 days of the potential Medical Malpractice in order to preserve your right to bring a claim. An attorney can help you fully understand the law and ensure that you are in compliance with the requirement. Failure to comply with the notice requirements described in C.R.S. 24-10-109 can result in losing your claim automatically. Additionally, if the hospital is a governmental entity or the doctors and staff are government employees, you may be limited to recovering a maximum of $150,000.00. Because the requirements in Colorado and throughout the country are so complex, it is often advisable to speak with a qualified malpractice lawyer in Denver to protect your ability to file a claim and obtain compensation for your injuries. (If you’re injured in another Colorado city, like Colorado Springs or anywhere along the front range, our laywers can help injury victims throughout the state).

How many complaints are made against physicians in Colorado?

According to the Colorado Medical Board, each year, approximately 800 complaints are made against Colorado physicians and physician assistants. To find out the status of a particular physician’s license, or to report a Medical Malpractice incident to the Colorado Medical Board, please visit the following website: http://www.dora.state.co.us/medical/main-complaints.htm

What is medical negligence?

Medical negligence occurs when a doctor does something to a patient that a reasonably careful physician would not do or when a doctor fails to do something in treating a patient that the doctor should have done. Negligence in medical malpractice cases can occur in a variety of situations, such as:

Is medical malpractice a governmental entity?

Medical malpractice claims may be brought on by you and your lawyer against individuals, partnerships, professional associations, and corporations. It is very important to know that many hospitals in Colorado are operated by state and local governments and therefore are considered governmental entities.

What to do if your insurance company does not provide legal counsel?

If the insurance company does not provide legal counsel, you should identify, interview, and engage a litigation attorney.

What to do if you don't have an attorney?

If you have insurance, you should submit the lawsuit to your insurance company and they will provide an attorney free of charge. If you do not have an attorney, you should contact one as soon as possible. Report Abuse. Report Abuse.

What to do if you have a car accident?

The first thing to do is notify your auto insurance agent. Your insurance company should provide a defense for you by hiring a lawyer who specializes in insurance defense matters.

What to do if you don't have auto insurance?

If you had auto insurance, then turn the paperwork, letter or lawsuit, over to your auto insurance company. If you do not know the address, then go to the office of the agent from whom you bought the insurance. If you do not have insurance, then you should not have been on the road at all. You will have to hire a personal injury attorney; they usually advertise on TV, billboards, lavatory walls, buses, and any structure or medium possible. Of course, you will have to pay up front. so, it is always best to have auto insurance.

What to do if you have no insurance?

If you have no auto insurance, you should hire an insurance defense attorney. Report Abuse. Report Abuse.

What to do if you have not been served with suit papers?

If you have not yet been served with suit papers, notify the agent and claims department immediately and give them all of the information they ask for.

What to do if you are uninsured?

Give the lawsuit to your car insurance company. If you're uninsured then seek a local personal injury attorney or more specifically an auto accident attorney.

What happens when a negligent lawyer falls below the standard of care?

When a negligent lawyer falls below this standard of care, they have committed legal malpractice.

What happens when you are injured in a legal malpractice case?

Typically, injured clients suffer financial losses as a result of legal malpractice.

How to pursue a malpractice case?

Before pursuing a legal malpractice case, pull together all relevant documents and information. Collect communications between you and your lawyer as well as information about the case that led you to hire the attorney in the first place.

What are the common mistakes lawyers make?

However, we tend to see common mistakes that lawyers make over and over, including: 1 Inaccurate billing; 2 Missed deadlines; 3 Failing to communicate with the client; 4 Settling a lawsuit without the client’s consent; 5 Giving inaccurate legal advice; 6 Stealing or losing money or property that belongs to the client; 7 Incompetently drafting legal documents that do not protect your rights; 8 Failing to file a case before the expiration of the statute of limitations; and 9 Taking a case despite an existing conflict of interest.

What to do if your lawyer has committed a crime?

If you think your lawyer has committed a crime, you can also call the police to investigate.

Do lawyers have to keep a copy of a malpractice case?

Additionally, your lawyer is required to maintain a copy of your entire file, and give you notice before they destroy it. If you have a legal malpractice case you should obtain your file or hire an attorney who will obtain it for you.

Can a lawyer make mistakes?

Lawyers may make mistakes from time to time. A claim of malprac tice may exist if your lawyer exhibited negligence in your representation. If your lawyer’s negligence caused you to suffer harm or a less advantageous outcome or settlement in your case, you may have a claim to sue your lawyer for professional negligence.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What is breach of duty in a lawyer?

Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

What are the three types of lawsuits against lawyers?

Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...

What happens when an attorney fails to use the skill and care normally expected of a competent attorney?

It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...

How to report a lawyer for ethical violations?

Report the lawyer to your state’s disciplinary board. Every state has a board that disciplines lawyers for ethical violations. If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss—for example, if your lawyer took fund from your client account. (To lean more, see our article on reporting a lawyer for an ethical violation .)

What does a lawyer owe you?

Your lawyer owed you a duty to competently represent you.

How long does it take to file a malpractice case?

The time limit for filing a legal malpractice case can be as short as one year.

What to do if you are not happy with your lawyer?

If you’re not happy with your lawyer, you can: Switch lawyers. If you haven’t suffered much damage yet, you may want to consider simply hiring a new lawyer. You’re free to switch lawyers at any time, except in rare cases.

Is it malpractice to be a lawyer?

However, it’s not malpractice unless your lawyer fell below the standard of care. The third element is perhaps the most difficult to prove. It’s not enough that your lawyer breached his or her duty.

How long do you have to file a lawsuit against a state?

Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, ...

How long do you have to wait to file a lawsuit?

This period is typically between 30 and 120 days. The court will dismiss a lawsuit that is filed before the Notice of Claim period expires.

What is punitive damages?

Punitive damages are compensation that is awarded to an injured person in order to punish the wrongdoer and deter future similar misconduct.

What happens if you don't follow the notice of claim guidelines?

Instead, you need to provide a "Notice of Claim" to the government. If you do not follow notice of claim guidelines, your lawsuit will be dismissed by the court. You must ensure that the Notice of Claim complies with laws of the applicable jurisdiction. Format of the Notice of Claim.

What is the statute of limitations for personal injury?

The statute of limitations is a legal term that describes the period of time in which you must file a lawsuit or bring an injury claim after your injuries.

What information is required in a notice of injury?

For example, in Pennsylvania, the notice must have the name and address of the injured person, the date, location, and hour of the accident, and the name and address of medical care providers . See this sample claim to get an idea of what it might look like, or see Making an Injury Claim Against the Government for an overview.

How long do you have to file a personal injury claim?

Some jurisdictions require that you file a claim within 30 days of your injury. Other states require a claim within 60, 90, or 120 days after your injury. Many states have one time limit for claims against a city, town, county, or municipality, and another for claims against the state or a state agency. However, not all states have a government-specific time limitation, and you may only need to be aware of the general statute of limitation for your injury. You can find the rules for each state in our personal injury state laws section. (Opens in a new window. You'll find the time limits listed under the general statute of limitations, or under "Claims Against the Government".)

What can a debt settlement attorney do?

Even if you don't end up hiring a lawyer, an experienced debt settlement attorney can help you evaluate the creditor's case and your personal circumstances to determine the best course for you.

What happens if you don't have a defense in a lawsuit?

If you owe the amount that the creditor is seeking in its lawsuit, hiring a lawyer might be a waste of time and money. If you don't have a defense or counterclaim and the creditor can easily prove its case, then you'll lose. You'll then owe the judgment amount, have to pay your own attorney, and might have pay the creditor's attorneys' fees too. (In some types of cases, the losing party has to pay the other side's attorneys' fees).

What to do when a creditor sues you for debt?

When a creditor sues you to collect debt you haven't paid, you have three choices to deal with the lawsuit: allow the creditor to obtain a judgment against you (called a "default judgment") defend the lawsuit yourself, or. hire an attorney to represent you in the lawsuit. Which option is best for you will depend on a number of factors.

What is a defense in a lawsuit?

A defense is a reason why you aren't liable for the debt or a reason why the creditor shouldn't be allowed to collect the debt. Here are some common defenses to creditor suits: the statute of limitations (the time period in which the creditor must bring the lawsuit) has run.

What does it mean to be judgment proof?

Being judgment proof really means that you are collection proof. That is, if the creditor gets a judgment against you, can it collect it through wage garnishment, taking your bank account funds, or the like? If not, you are judgment proof. (Learn more about what being judgment proof means .)

Can you hire an attorney to defend a lawsuit?

Even if you have a good defense to the lawsuit, you'll want to consider the amount of the debt before hiring an attorney. Attorneys' fees can add up quickly. If you hire a lawyer to defend a lawsuit over a small debt, you might end up owing more in attorneys' fees than you would if you chose not to defend the suit.

Can a lawsuit grow if a creditor gets a judgment against you?

But keep in mind that a lawsuit for a relatively small amount can grow if the creditor gets a judgment against you. The creditor will ask the court to include not only the debt balance, but the amount of the creditor's attorneys' fees, court costs, and interest.