Colorado Law Blog

Thanks to tort reform, arbitrations instead of courtroom hearings are becoming more common. Whether buying a car, getting a credit card, or signing up for cellphone service, consumers increasingly are asked to sign an agreement that requires them to go to arbitration rather than sue in the event of a dispute. Franchisees and vendors for large corporations, too, encounter similar agreements.

Proponents say mandatory arbitration is quicker and cheaper than going to court. But critics contend the process isn't always fair.

Continue reading "Forget that Day in Court" »

Posted by Linda Chalat at 02:16 PM | Permalink | Comments (0) | TrackBacks (0)

There is no medical malpractice lawsuit crisis in America, according to analysis released last month by Public Citizen. The new report, “The Great Medical Malpractice Hoax,” dispels oft-repeated myths of dwindling doctors and spiraling insurance premiums used to support limits on the ability of injured patients to seek redress in the courts.

Continue reading "Study Exposes Medical Care Crisis Fairy Tale" »

Posted by Linda Chalat at 01:34 PM | Permalink | Comments (0) | TrackBacks (0)

Four years ago the Florida Legislature capped certain types of pain and suffering damages in medical malpractice suits, yet Florida doctors still pay the highest malpractice insurance rates in the country. Now, the high premiums for doctors mean ultimatums given to patients - sign away rights to sue over possible medical mistakes or maybe give up your doctor.

Continue reading "Heated Debate Over Lower Caps" »

Posted by Linda Chalat at 02:46 PM | Permalink | Comments (0) | TrackBacks (0)

CNN recently released the results of an 18-month investigation into minor-impact soft-tissue injury crashes around the country, reporting what every personal injury lawyer already knows. According to CNN findings, most of the major insurance companies when faced with claims from such cases, have universally adopted a scorched-earth strategy since the 1990’s. The leaders in this strategy are the two largest insurers, Allstate and State Farm.

Continue reading "Deny, delay, defend" »

Posted by Linda Chalat at 12:29 PM | Permalink | Comments (0) | TrackBacks (0)

Contrary to the oft repeated mantra that jury verdicts continue to escalate out of control, the nation's largest verdicts to individual plaintiffs have fallen dramatically for the second consecutive year. For the top ten jury verdicts awarded to individual plaintiffs, this past year's total is one third of the total for the previous year, which was half the total of the year before.

Continue reading "Top Ten Verdicts Defy "Run-Away" Label" »

Posted by Linda Chalat at 07:05 PM | Permalink | Comments (0) | TrackBacks (0)

Jack Cline is dying of leukemia that he says he got from exposure to benzene at his factory job. In most states, he would be able to sue the companies that made the benzene and let a jury decide if the company is responsible. But Alabama’s all-Republican, wildly pro-business Supreme Court threw out his case.

Continue reading "Jack vs. the Giant" »

Posted by Linda Chalat at 10:46 AM | Permalink | Comments (0) | TrackBacks (0)

Lawyer jokes and uninformed statements bashing the civil justice system have dogged plaintiff attorneys through many a golf game, PTA meeting, or dinner party.

Continue reading "Insurance Industry's Misinformation Campaign" »

Posted by Linda Chalat at 02:51 PM | Permalink | Comments (0) | TrackBacks (0)

Many states, including Colorado, have recently adopted laws which limit the amount victims in personal injury lawsuits may collect. These limits are called “caps on damages” or simply “caps” because they cap the amount of money which may be awarded. For different circumstances, different caps may apply. Most frequently, these caps apply to the non-economic damages, the “pain and suffering” damages. The damages caps commonly encountered when pursuing a claim arising from a Colorado truck accident are discussed below.

Continue reading "Caps on Damages - Fair or Foul?" »

Posted by Linda Chalat at 08:15 PM | Permalink | Comments (0) | TrackBacks (0)

Are most medical malpractice lawsuits frivolous? Are sky-rocketing health care costs the result of medical malpractice insurance premiums? Two articles in the May issues of two prestigious periodicals offer contrasting views.

Continue reading "Claims, Errors, and Compensation" »

Posted by Linda Chalat at 02:32 PM | Permalink | Comments (0) | TrackBacks (0)

I guess every profession has its share of "old wives tales" and "urban myths," but the practice of personal injury law seems to be a huge magnet for nonsense. Maybe this is because there is so much nonsense in our judicial system.

Continue reading "Urban Legal Myths and Old Wives Tales" »

Posted by Linda Chalat at 10:12 PM | Permalink | Comments (0) | TrackBacks (0)