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One of the top personal and accidental injury law firms in Denver and Aurora. Our practice focuses on injured plaintiffs who need legal help; we never represent the insurance company.

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• March 11, 2019 10:15:06 PM

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• Lampert Walsh

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Everyone makes mistakes, and sometimes even lawyers make mistakes. Sometimes though, when lawyers make mistakes there are consequences. Legal Malpractice Denver is more common than you think. If you believe you are the victim of legal malpractice, then there are a few things to consider, and specific people to call. What is Legal Malpractice? If you lost money because of how your lawyer handled your case, then you may be able to sue for legal malpractice. In order for the case to be truly...

Everyone makes mistakes, and sometimes even lawyers make mistakes. Sometimes though, when lawyers make mistakes there are consequences. Legal Malpractice Denver is more common than you think. If you believe you are the victim of legal malpractice, then there are a few things to consider, and specific people to call.

What is Legal Malpractice?

If you lost money because of how your lawyer handled your case, then you may be able to sue for legal malpractice. In order for the case to be truly considered legal malpractice, your lawyer needs to have made a mistake that prevented you from winning your case. Basically, if they would have not made the mistake they did, you would have won.

How to Prove Legal Malpractice?

Proving legal malpractice is not as easy as it sounds. You cannot simply state your lawyer made a mistake. You will need to show — and prove — that the lawyer made a mistake that caused you financial loss. It also needs to be proven that the financial loss would not have occurred if they did not blatantly make a mistake.

If You Believe You Have a Legal Malpractice Case…

If you want to sue for legal malpractice, you will need to find a new lawyer and do it as quickly as you can. This is because you will be fighting a lawyer, and the most common defense in these cases is “why did you wait so long to sue?”

There are a few questions you should ask yourself before pursuing a legal malpractice case.

Does the Lawyer Have Funds If You Win?

Since a legal malpractice case is often expensive, you need to confirm that the lawyer either has malpractice insurance, or they have a monetary means to pay you if you win. Otherwise, you may not see a cent.

Was The Lawyer Negligent?

Speak with your new lawyer to determine if they were truly negligent. Realize that, sometimes after the fact, a decision may look foolish, but could not have been realized beforehand. Unless you are paying the best of the best to represent you, attorneys must act consistently with the community standard of care. This means that every mistake is not considered negligence, after all, we are all human.

Did The Lawyer’s Mistake Cause You Damage?

Sometimes, even if your lawyer made a mistake that was frustrating, annoying, or just a stupid move, it does not mean you were injured. Even if you lost your case, you might have lost it anyway despite the one mistake they made. In order to win this case, you have to prove as a direct result of their actions, they blew the case.

For example: If your lawyer did not file the lawsuit before the statute of limitations expired, you may feel you have a legal malpractice case. The trouble is that you have to prove beyond all reasonable doubt that you would have won the case if it was filed on time.

Legal malpractice is a frustrating situation, but you must call a lawyer to confirm that you truly have a case, or you will only be wasting your time and money.

The post Who Should I Contact Regarding Legal Malpractice appeared first on Lampert & Walsh, LLC.

Driving under the influence of alcohol or drugs is never a safe, nor respectful thing to do. However, if you make a bad decision and do drive under the influence, you can only hope you do not hurt anyone, nor get caught. Oftentimes, it is quite easy to see if someone is under the influence while driving, and many people receive DUIs. So, what do you do in this situation? The first step is to call a Denver DUI Attorney. Not only will an attorney know the laws, but they will most likely be able...

Driving under the influence of alcohol or drugs is never a safe, nor respectful thing to do. However, if you make a bad decision and do drive under the influence, you can only hope you do not hurt anyone, nor get caught. Oftentimes, it is quite easy to see if someone is under the influence while driving, and many people receive DUIs.

So, what do you do in this situation? The first step is to call a Denver DUI Attorney. Not only will an attorney know the laws, but they will most likely be able to get your sentence reduced as well.  Especially if the matter ends up going to court, you must have a lawyer on your side who best represents your interests.

Your Lawyer Will Compile Evidence

DUI cases are similar to all other cases, in that they require evidence to prove your innocence. This situation can be very stressful, and you most likely will not truly understand all of the evidence, and how to compile it in your favor. Your lawyer will spend the time to gather all of the necessary evidence that will prove your case.  Sometimes your lawyer may be able to prove that the arresting officer made a mistake, the field sobriety test was done incorrectly, or another method of proving your innocence.

An Attorney Will Argue on Your Behalf

Your DUI lawyer will have one goal: to get the best result of your case. Although most people would hope this involves having the case thrown out completely, sometimes it will only go as far as having your charges reduced so that this mistake does not impact your future.

Your attorney will know how to properly litigate and negotiate for you. They will be able to speak in court, present your case in the most professional way possible, and avoid extreme financial burdens or jail time.

When Do I Need To Hire a Lawyer?

There are a few moments during a DUI case when you definitely will need to find representation for your case:

Further Charges

If you have been in an accident due to driving under the influence, caused death, or injury of a third party, then you will need a lawyer. Your lawyer will help you to fight further charges and avoid being charged as a felony.

Legal representation can also help you to feel supported during the case, and explain any of the situations of the case to you. Your lawyer may also hire expert witnesses or a private investigator to aid in your case.

If You Go To Trial With a Jury

Not every DUI case goes to trial with a jury. Sometimes, your case may only involve a judge, but if it involves a jury, you need a lawyer advocating on your behalf. If it is obvious you did drive under the influence, then your lawyer may help you get a plea bargain. Having a lawyer can decrease the chances of a worse conviction. Having a lawyer can actually often prevent you from being convicted at all if you agree to a plea bargain.

The post Can a DUI Attorney Help Me? appeared first on Lampert & Walsh, LLC.

After a car accident, you might feel shocked, frustrated, and scared. You may also be in a good deal of pain, and not sure where to turn to next. There is no specific guideline about when you should contact one of the many Denver Personal Injury Law Firms, but if you do plan to hire a lawyer, it is important to contact someone very soon after the accident. For anyone who is in pain after sustaining an injury of any kind, you do not want to go forward without counsel. Conversations with...

After a car accident, you might feel shocked, frustrated, and scared. You may also be in a good deal of pain, and not sure where to turn to next. There is no specific guideline about when you should contact one of the many Denver Personal Injury Law Firms, but if you do plan to hire a lawyer, it is important to contact someone very soon after the accident. For anyone who is in pain after sustaining an injury of any kind, you do not want to go forward without counsel.

Conversations with Insurance Carriers

Most of the time you will need to speak with both your insurance provider and that of whoever’s insurance company you are fighting against. There will be discussions regarding your medical bills and any property damage (if applicable). By having a personal injury lawyer, you are able to have someone to coach you through this process.

If you do not have a lawyer, then you may not get as much for your claim. This process should begin right after leaving the emergency room, or after release from the investigator.

Work With The Statute of Limitation

If you are filing a medical malpractice claim, then you will need to move quickly. Statues exist that require you to file and notify the doctor that you are suing within a certain amount of time. If you wait too long, it becomes invalid. If you believe you have been a victim of medical malpractice, you should contact a lawyer as soon as possible. These claims may take a long time, and your lawyer will need to put in a lot of hours to make it a successful case.

Why Hire a Personal Injury Attorney

They Can Build a Medical Team

Having a lawyer will help to ensure that you have good physicians around you. This will allow you to get the most out of your claim. Your personal injury attorney should be knowledgeable on the personal injury laws in your state and can help you find a medical expert to be a witness in your case. These medical professionals should be able to heal you back to health, but also show the jury how the accident occurred and could have been preventable, as well as how it will affect your future.

They Will Hire Experts

Court experts are people who are experts in their field and can give information as a testimony to help prove your case. Now when you file a claim, it makes sense that an insurance company will attempt to fight your claim to avoid paying out a huge settlement. The problem is, insurance companies usually have a ton of legal resources, which means they have experts on their side. In order to have a fair chance of winning your case, you will need to have some experts on your side as well. As long as you have a personal injury attorney defending you, you should have good experts, and an entire team to push your case to victory.

The post When Should I Contact a Personal Injury Firm? appeared first on Lampert & Walsh, LLC.

Cruising on the water on a boat is a liberating feeling. Whether you are practicing water sports, relaxing, or participating in a more intense activity such as racing, boats can be pretty risky. Any accident is something that you want to avoid, but a boating accident can prove even more dangerous. Water accidents often result in major injuries and death, and although you can never assume you will be a part of one, they do happen. It is most important to be prepared for what happens after an...

Cruising on the water on a boat is a liberating feeling. Whether you are practicing water sports, relaxing, or participating in a more intense activity such as racing, boats can be pretty risky. Any accident is something that you want to avoid, but a boating accident can prove even more dangerous. Water accidents often result in major injuries and death, and although you can never assume you will be a part of one, they do happen.

It is most important to be prepared for what happens after an accident, if it ever does. Whether you fall overboard and get run over by another boat, your boat sinks, or you have a collision with another boat or swimmer, you must protect yourself and get medical attention as soon as possible.

Call for Help

The absolute first thing you should do is to call a water authority or get help from another boat. You can call a variety of resources to help you on the water such as 911, the coast guard, or even your local police. Try to have one person focusing on keeping the boat away from more harm, and then someone else to provide medical assistance. If you are alone, try to keep the boat afloat as you call.

Get Medical Attention

Even if you do not feel that you were injured, you should always go to a doctor or emergency room after an accident. There are some injuries that do not show their symptoms until a while after the accident. Also, going to a medical provider will allow you to show proof that you have received medical attention. This can prove helpful if you decide to file a personal injury claim.

Gather Information

Also known as collecting evidence, you should gather as much information as possible. Write down the names, addresses, insurance information, and telephone numbers of everyone involved in the accident. You should also try to get information from witnesses. If possible, take photos and videos at the scene of the accident. Be sure to include registration numbers, insurance policy numbers, and accident details.

File a Report

There area few reasons why you should file a report:

1. If it results in serious injury, disappearance, or death
2. If there is property damage in excess of $500
3. If you have a total vessel loss.

All deaths must be reported within 24 hours, while disappearances and injuries must be reported within 48 hours. For anything else, you have 10 days to submit a report.

Contact a Personal Injury Attorney

Boating laws do change from state to state, which is why it is important to have a lawyer who knows what the laws are. Hiring a Boating Accident Attorney is a great way to find out what rights you have, and recover monetary value for your injuries, damaged property, as well as pain and suffering. Hiring a personal injury attorney is the best thing you can do after a boating accident to protect yourself, and move on from the accident.

The post Steps to Take After a Boating Accident appeared first on Lampert & Walsh, LLC.

Medical malpractice is also known as negligence and typically involves a medical error. This error might be in a diagnosis, how much medication is given, improper treatment, or poor aftercare. If a medical professional gives substandard treatment to a patient that causes harm, injury, or death to a patient, it is considered medical malpractice. Despite this, there are medical malpractice laws in place. This makes it possible for those affected by medical malpractice to obtain compensation....

Medical malpractice is also known as negligence and typically involves a medical error. This error might be in a diagnosis, how much medication is given, improper treatment, or poor aftercare.

If a medical professional gives substandard treatment to a patient that causes harm, injury, or death to a patient, it is considered medical malpractice. Despite this, there are medical malpractice laws in place. This makes it possible for those affected by medical malpractice to obtain compensation.

Hospitals, doctors, and other health care professionals are expected to provide a certain standard of care. If this care is not met, and harm or injury occurs because of a mistake in care, a medical malpractice lawsuit can be filed.

Factors Required to File a Malpractice Suit

There are a few factors that are required to be present when filing a malpractice suit:

1. Failure to provide a proper standard of care — The law states that all healthcare professionals must work with specific standards or it can be considered negligence.
2. Injury due to negligence — Even if a healthcare professional was acting with negligence, if it does not result in injury then there is no claim. In order to file a negligence claim, they must prove that the injury or harm would not have happened had they not done so.
3. Injury must have consequences — In order for the suit to be filed, the patient must show that the injury or harm caused by negligence created considerable damage.

Considerable damage includes:

• Suffering
• Hardship
• Large amounts of pain
• Huge loss of income
• Disability

Types of Malpractice

• Improper or misdiagnosis
• Failure to diagnose
• Incorrect surgery
• Unnecessary surgery
• Premature discharge
• Failure to order appropriate tests
• Failure to act on results of a test
• Not following up
• Prescribing the wrong dosage of medication
• Prescribing the wrong medication
• Leaving foreign instruments inside a patient’s body
• Operating on the wrong part of the body
• Persistent pain after surgery
• Fatal infections acquired in the hospital
• Bedsores

Incidents such as hospital fires, or patients committing suicide while under a physician’s care can also be considered malpractice.

Informed Consent

Informed consent is a form of necessary consent that must be given by a patient to a doctor or health care provider. This means that a patient must state that they understand the risks of the procedure, and will not sue if something does not go according to plan. Even if the operation was done perfectly, the patient needs to know the risks ahead of time to make an informed decision based on risk and reward.  If there is no informed consent obtained, and the procedure results in harm or injury, it is medical malpractice.

Results of a Medical Malpractice Suit

In the event of a medical malpractice suit, the plaintiff may be awarded either compensatory and punitive damages.

• Compensatory damages — Includes economic damages such as lost wages, medical expenses, and life care expenses. May also include psychological and physical harm, extreme pain, and emotional distress.
• Punitive damages — Only awarded when the medical professional is found guilty of malicious or purposeful misconduct. This is typically additional compensation on top of other damages.

If you believe you might be a victim of medical malpractice, contact a Medical Malpractice Attorney Denver to find out your options.

The post What Is Considered Medical Malpractice? appeared first on Lampert & Walsh, LLC.

Accidents happen often, whether you are in your car, at work, or even walking into a mall. Some of these accidents might be minor, but you can get seriously injured walking around this earth! Some accidents are so minor that they only require an apology, but others can be a lot more severe. Sometimes a minor car accident does not require a claim to be filed, but other times your car might be demolished and you may be in a lot of pain. When anyone involved is injured, or an accident has resulted...

Accidents happen often, whether you are in your car, at work, or even walking into a mall. Some of these accidents might be minor, but you can get seriously injured walking around this earth!

Some accidents are so minor that they only require an apology, but others can be a lot more severe. Sometimes a minor car accident does not require a claim to be filed, but other times your car might be demolished and you may be in a lot of pain.

When anyone involved is injured, or an accident has resulted in serious health and monetary issues, the injured parties may sue. These are three reasons why you may need representation and want to hire a Denver Personal Injury Lawyer.

Reason 1: They Know the Laws

Personal injury laws are not only always changing and being modified, but they can also vary by state, county, and municipality. Also, the guidelines by how you are legally allowed to make a personal injury claim are different depending on the type of accident.

WIth different types of injury lawsuits, there are different rules. For example, if you are bit by a dog, the process is completely different than if you were rear-ended by someone in a car. This is because the statute of limitations is longer in different cases.

Attorneys will be able to let you know which laws will help you win your case, and help you understand how much compensation you should be seeking.

Reason 2: They Can Help You Avoid Court

The goal of a personal injury case is to have you obtain fair compensation. Whether that is to cover your medical expenses, soothe your pain and suffering, or cover the cost of your damaged vehicle, they are there to help with your case.

Sometimes, these types of cases do not even need to be settled inside a courtroom. If both parties agree on a specific settlement amount, then you can avoid meeting a judge at all. Personal injury lawyers know this, and also know that you want to avoid court if possible. While still maintaining the integrity of your case, a personal injury lawyer can make the whole thing go a lot more smoothly.

Reason 3: You Will Have Someone on Your Side in Court

Insurance companies actually will automatically lower their settlement offer to anyone who does not have an attorney representing them. This is why it is important to hire a personal injury attorney before speaking to anyone about your settlement. Experienced attorneys will be on your side, and be able to use their knowledge to get you fair compensation.

Especially in the event that your case is not going in the direction you want it to, you will always have someone fighting on your behalf. If you are in front of a judge, this can make a world of difference in how your case pans out. Also, typically you will only pay your attorney if they win their case, as they will work on a contingency-fee-basis. Note that every lawyer’s legal fees are a different percentage, so be sure to ask this during your initial meeting.

The post 3 Reasons You Should Hire a Personal Injury Lawyer. appeared first on Lampert & Walsh, LLC.

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