In Colorado, the law restricts juries from hearing certain evidence at trial, and this often directly contradicts exactly what juries want to know. Juries want to know who got the ticket. Juries want to know why car insurance didn’t settle up. The Colorado Rules of Evidence prevent evidence of liability…
As a personal injury attorney, I am always annoyed when I see or hear the ads of other personal injury attorneys in which clients stand up and proudly shout that their attorney got them lots of money-and it was quick and easy too! I have been practicing for 23 years and…
Slip and falls can happen at anytime and anywhere in Colorado. Often, they occur in stores like Walmart, Target or Whole Foods while people are simply carrying out normal, day-to-day activities like shopping. As we have seen over the years at The Wilhite Law Firm, the negligence of store owners…
You are probably familiar with the federal minimum wage, which is currently only $7.25 per hour under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. The federal rate has been stuck at this low level for over a decade. The federal minimum wage applies to all employees…
I have always said that we need to be people first and our professions second. Meaning, I believe that compassion is a fundamental human characteristic that should be at the forefront of what we do as people. I believe that when we practice our professions with compassion, we will not…
This is a question that I am asked almost every day of my practice, and the answer is not a simple one. It is worth discussing how medical providers are generally selected and what your rights are as an injured worker. Every case in Workers’ Compensation has what is known as…
The topic I am covering today is not an easy one to speak about. It sits at the intersection of two scary topics: a terrible disease and potentially losing your independence. For the past couple of years, I have had the honor of speaking at the Rocky Mountain Conference on…
When an insurance company is handling a claim, it is bound by contractual duties in its own policies, as well as by Colorado state laws. An insurance company must communicate with injured victims promptly, conduct a thorough investigation, pay claims promptly, and handle claims in good faith. An insurance company…
What do you like most about being a lawyer, and least? What I like most is being able to help guide our clients through the litigation process. It is an unknown and often intimidating process, so if I can assist in making that journey a little easier or understandable, that makes…
Colorado Court of Appeals limits ALJ’s authority to determine issue of Maximum Medical Improvement (”MMI”): When an injured workers’ medical condition has stabilized, or plateaued, there is a medical determination that the injured worker has reached MMI. The Colorado Workers’ Compensation Act sets forth the statutory rules for the parties…
