Legal Blog - Tenge Law Firm

Jul 23, 2021 | By Tenge Law Staff | Read Time: 4 minutes | Car Accidents

How to Determine Who Is At-Fault in a Colorado Car Accident

You may not understand the laws regarding car accidents in Colorado. Your first step in pursuing recovery for your injuries is asking the question, Is Colorado a no-fault state for car accidents? Today we will discuss Colorado’s status regarding fault and how that may relate to your accident case. If you’ve suffered injuries in a car accident, contact a skilled personal injury attorney to help you resolve your claim and recover your losses. Is Colorado a No-Fault State for Car Accidents? Colorado is not a no-fault state for car accidents. As an at-fault state, Colorado residents may file a claim against responsible parties without having to meet a threshold amount of damages. Unlike Colorado, no-fault states require drivers to turn to their own insurance policies to recover for their losses. Only after your injuries reach a certain threshold may you file a claim to recover against the other driver. Therefore, Colorado offers advantages different from no-fault states. After a car accident, you are free to pursue a claim against the driver deemed to be at fault and recover your losses. What Determines Fault in a Colorado Car Accident? Colorado law provides that negligence determines who is at fault in a car accident. Negligence is proven by the existence of the following elements: A duty of care was owed, The negligent party failed to act in accordance with the duty of care, A person was injured as a result of the negligent act. All drivers in Colorado possess the duty to operate their vehicles responsibly. This responsibility includes following all traffic rules. Typical examples of negligent conduct resulting in car accidents include: Speeding; Following another car too closely; Running red lights; Failing to stop completely at stop signs; Failing to yield or merge safely into traffic; Changing lanes in an unsafe manner; Allowing yourself to become distracted while driving in any way, including texting while driving; Driving while under the influence of alcohol or drugs. Various types of evidence can be used to support the determination of fault in a car accident. Additionally, you should always write down your immediate recollection of the events leading up to the accident if possible. Memories fade quickly. Promptly writing memories down or recording them in some way may refresh your memory later. Police Report Since fault matters in Colorado, a reporting police officer may assist in the determination of fault after a car accident. In these situations, a police officer observing a car accident will detail important information in their accident report. A reporting officer may decide fault. If they do, it provides strong support in any car accident claim. Photographs If possible, try to take photographs of the car accident scene. Photographs should document damage to the vehicles involved and surrounding conditions including the road and weather. Witnesses If any persons witness the accident, take down their names and contact information. A reporting police officer may interview these individuals and include their statements in the accident report as well. These witnesses may also testify as to their observations in court if your injury claim goes to trial. Accident Reconstruction Contact an experienced personal injury attorney to review the circumstances surrounding your car accident. If you suffered injuries resulting from the negligent actions of another person, you have the right to recover your losses. A personal injury attorney works to gather facts and evidence to build a strong case to support your claim. What Is No Doubt Liability? In certain situations, the law can presume fault in a car accident. Colorado refers to these car accidents as “no doubt liability” accidents. These accidents are difficult to argue against and often result in a quick settlement for injured parties. Examples of no doubt liability accidents include the following: Rear-end accidents—When a driver hits the back of the car in front of them, the law presumes them to be at fault. Backing up accidents—When a driver is backing up and causes a collision, they are at fault. Red Light Failure—Drivers that run red lights and subsequently cause an accident are almost always deemed to be at fault. Left-Hand Turns—In situations where a driver makes a left turn in front of drivers going straight through their green light, they are at fault. Impaired Driving—Drivers impaired by alcohol or drugs typically do not escape fault in an accident. When you get into an accident, you may think you will be unable to escape fault. However, there may be circumstances where the collision was unavoidable and not your fault. Therefore, it’s important to speak to a personal injury attorney so they can assess the facts of your case and discuss your options. How Do I Recover My Damages in a Colorado Car Accident? Colorado provides three ways for an injured party to recover after a Colorado car accident. These include: Filing a claim with their own insurance company; File a claim against the at-fault driver’s insurance provider; and File a personal injury lawsuit against the at-fault driver. Colorado follows the comparative negligence theory. Therefore, if the court finds you to be less than 50% responsible for a car accident, you may seek compensation for your losses. However, your percentage of fault is deducted from your recovery. If a court deems you to be at least 50% responsible for the car accident, you may not seek compensation. What Can I Recover After a Colorado Car Accident? Colorado permits recovery of damages because it is not a no-fault accident state. As a result, once fault has been determined, you may recover certain damages for your injuries and losses. Economic Damages Economic damages represent those quantifiable losses supported by medical bills and other receipts. Economic damages typically include: Medical expenses, Vehicle damage, Property damage, Past and future lost earnings. Invoices, medical bills, pay stubs, and tax returns support claims for medical costs and past and future lost earnings. Therefore, when attempting to recover economic damages, it’s important to save all receipts and records. Non-Economic Damages Non-economic damages represent subjective losses typically characterized...

Jul 23, 2021 | By Tenge Law Staff | Read Time: 3 minutes | Wrongful Death

Colorado Wrongful Death Statute of Limitations: What to Know

If you lost a family member due to someone else’s negligence, you could be entitled to bring legal action. While no amount of money will bring your loved one back, it can help with the sudden and unexpected financial burden your family is facing. When someone causes another person’s death, the injured party can hold them responsible through a wrongful death lawsuit. However, you only have a limited amount of time to file. The Colorado wrongful death statute says you generally have two years from the date of death to bring a lawsuit. These claims can be challenging to pursue independently. You need a Colorado wrongful death lawyer who understands the challenges in these matters and will ensure you don’t inadvertently miss the statute of limitations for wrongful death in Colorado. While the general rule is two years from the date of death, some situations may alter the deadline. Working with an experienced attorney is the only way to verify that you file within the statute of limitations for wrongful death in Colorado. What Is the Colorado Wrongful Death Statute? The Colorado wrongful death statute is discussed under Colorado Revised Statutes Sections 13-21-201 through 13-21-204. It’s commonly referred to as the Colorado Wrongful Death Act, and it allows certain surviving family members the right to pursue legal action against the party who caused their loved one’s death. Not everyone can file a wrongful death lawsuit, nor is it available in every situation. For example, you can only file a wrongful death lawsuit if the deceased victim would have had legal grounds to file a personal injury lawsuit if they were still alive. Any legal defenses that would’ve applied in the victim’s personal injury lawsuit will still apply in a wrongful death case. For example, comparative liability or assumption of risk are defenses the other party’s insurance company may raise. Some of the most common personal injury situations that give rise to a wrongful death lawsuit include: Motor vehicle accidents; Large truck accidents; Motorcycle and bicycle accidents; Pedestrian accidents; Boating accidents; Slip and fall injuries; Construction site and other workplace accidents; Swimming pool accidents; Medical malpractice; and Defective products. Potential recovery under the Wrongful Death Act will vary based on the circumstances of the case. Who Can Bring a Wrongful Death Lawsuit in Colorado? Colorado law only allows certain people to file a wrongful death lawsuit in Colorado. Within the first year following the victim’s death, only a spouse is legally entitled to bring a wrongful death lawsuit. The deceased’s children can join the case, provided the spouse gives written consent. In the second year following the victim’s death, the children or the surviving spouse can bring a claim. If the deceased did not have a spouse or children, the victim’s parents could file a lawsuit. Recovery is limited to lineal descendants. Family members such as brothers, sisters, uncles, and aunts typically cannot bring a wrongful death lawsuit. The representative of the estate can also file a survival action. What Is the Difference Between a Wrongful Death Lawsuit and a Survival Action? A survival action differs from a wrongful death lawsuit in the type of damages they seek. With a wrongful death lawsuit, family members are seeking compensation for their own damages, such as: Funeral expenses; Loss of deceased’s services; Loss of financial support; Emotional loss of support; and Pain and suffering. With a survival action, the estate representative is pursuing damages that the deceased would have been able to sue for had they survived. These damages include their medical expenses and lost wages while still alive. However, damages such as pain and suffering or future loss of income, disfigurement, etc., are not available in a survival action because they do not survive the victim’s death. Damages Cap on Wrongful Death Cases in Colorado Colorado limits the amount of damages you can recover in a wrongful death case in some instances. For example, Colorado law doesn’t cap economic damages such as loss of financial support. But the law subjects non-economic damages, such as pain and suffering, to a maximum amount or “cap.” Currently, that figure is $571,870 for claims occurring on or after January 1, 2020. The legislature adjusts that figure every two years so the cap will increase again for claims accruing on January 1, 2022, or later. The cap can vary in some situations. If the person died and had no surviving spouse, minor children, or dependent parents, then the law caps the total damages award. If the victim died due to a “felonious killing,” then all caps are lifted. Felonious killing is when the defendant is charged with first or second-degree manslaughter or murder. Contact a Colorado Wrongful Death Lawyer If you fail to bring a lawsuit within the Colorado wrongful death statute of limitations, you could lose your family’s right to recovery. Please don’t risk your case by trying to handle it independently. Let the skilled legal team at the Tenge Law Firm, LLC help. We have three decades of experience representing grieving family members in Colorado wrongful death lawsuits. We have worked hard to earn the reputation as one of the finest personal injury law firms in Colorado and we will be there for you every step of the way. To learn more about how we can assist you with a Colorado wrongful death lawsuit, contact Tenge Law Firm, LLC., today.

Jul 23, 2021 | By Tenge Law Staff | Read Time: 3 minutes | Car Accidents

How to Get Your Accident Report in Boulder, Colorado

Dealing with the aftermath of a car accident can be a scary and overwhelming experience. When determining how to get the police report for a car accident in Boulder, Colorado, you may not know the first thing to do. Contact a personal injury attorney in Boulder to assist you in obtaining a copy of your Boulder accident report. This report serves as an important tool if you decide to pursue a lawsuit against the other party involved in your car accident. What Is a Boulder Accident Report? After a car accident, it’s important to assess that all involved parties do not require medical attention. However, even if you don’t notice any apparent injuries after a car accident, seek medical attention for the existence of any other less obvious injuries. It’s advised to contact the Boulder Police Department after a car accident to assess the scene. A Boulder Police Department police officer creates a Boulder accident report based on their observations of the scene. These observations include the following details: The date, time, and location of the car accident; Any potential causes of the collision; The names and contact information of the parties involved; Statements from witnesses and passengers in any vehicles; Description of injuries or property damage resulting from the car accident, and The conditions present at the scene of the accident including weather conditions and road conditions. The police office then submits the Boulder Police report for the accident which may be obtained in the days following the accident. Be sure to contact the Boulder Police Department to check on the status of your car accident. How to Get Your Boulder Police Department Accident Report In the City of Boulder, there are three ways to request your car accident report. After the reporting office creates your Boulder Police Department accident report, call the Boulder Police Department at 303-441-4330 in the days following the accident to check on the status. Online You may request a copy of your Boulder Police report for your accident online at the City of Boulder website. The Boulder Police Department provides a form to complete, which can then be emailed to pdrecords@bouldercolorado.gov. Mail The City of Boulder also permits requests for accident reports completed by mail. The same Request for Police Report Form must be completed and mailed to the Boulder Police Department Records Unit at 1805 33rd Street, Boulder, Co 80301. You must also provide a self-addressed stamped envelope with a check for $5 for the first ten pages of the report and $0.25 for each additional page. In-Person You may also obtain a copy of your Boulder Police Department accident report in person at the Boulder Police Department located at 1805 33rd Street, Boulder, Co 80301. Be sure to bring money for payment of $5 for the cost of the Boulder accident report. The Records Department is open from 7:00 AM to 7:00 PM Monday through Friday. Why Is a Boulder Police Report Important? When police report to the scene of your car accident, it’s important to thoroughly explain the details of what happened while those details remain fresh in your mind. The reporting officer should include your statements in the Boulder Police Department accident report. Additionally, a police report provides an unbiased account of a car accident. This is an official report detailing an officer’s observations after a car accident. In many situations, this official report provides more substantial evidence supporting fault than hearsay and eyewitness testimony, which may occur many months after the event. Most importantly, some reporting police officers may assign fault in a car accident. This information in your Boulder Police report about your accident may be used as evidence to support your lawsuit against the other driver. Contact Us After a car accident, seek the assistance of a qualified personal injury attorney to evaluate your claim. At Tenge Law Firm, we provide aggressive and focused legal representation to clients in personal injury matters. One of the first steps after a car accident is obtaining a copy of your Boulder accident report. The attorneys at Tenge Law Firm enjoy a reputation as one of the finest personal injury firms in Boulder. We know what vital evidence supports your personal injury claim. We provide a free consultation, so contact the Tenge Law Firm today!

Jul 23, 2021 | By Tenge Law Staff | Read Time: 4 minutes | Car Accidents

How to Get a Copy of Your Aurora Accident Report

Whenever you are in a car accident, whether you intend to file a legal claim or not, you should always get a copy of your accident report. The report is the state’s official record of what happened, so you should know what it says. On one hand, if you plan to file a legal claim, your Aurora, CO, accident report will help you to establish fault and plan your legal claim with your attorney. On the other hand, if you don’t plan to file a legal claim, your accident report could provide you with an indication as to whether or not the other party involved in the accident will file a legal claim against you. Whatever the case is, it is critical that you get a copy of your Aurora police accident report. Accident reports are often administrated at the city or county level. As a result, the protocol for obtaining accident reports often differs between jurisdictions. The process for obtaining copies of Aurora accident reports, for example, is different from the process in Denver. Read on for more information on obtaining a copy of your Aurora accident report. Do All Accidents Have an Accident Report? The vast majority of car accidents that happen in Colorado will have a related accident report. This is because accident reports are a legal requirement for most Colorado accidents. Drivers in Colorado are required to immediately report any accident to local law enforcement when any property damage occurs, or when any personal injury occurs. Practically every car accident causes some type of injury or property damage, even if minor. Failure to report an accident is punishable as a class two misdemeanor traffic offense. The penalty includes up to a $300 fine, up to 90 days in jail, or both. If it appears as though there is property damage of more than $1,000, or someone suffers an injury, law enforcement has a legal obligation to file an accident report. Similarly, if any party to an accident fails to provide proof of insurance, law enforcement must file a police report. If the accident you are in does not meet these qualifications, you can still ask for a police report. Law enforcement is legally obligated to file such a report if any party to an accident requests it. Thus, Aurora Colorado accident reports exist for the vast majority of Aurora car accidents. Getting a Copy of Your Accident Report Getting a hold of a copy of your accident report isn’t too much of a hassle. Of course, who you get your accident report from will differ based on which law enforcement agency responds to your accident. If your accident occurs within Aurora city limits, the Aurora Police Department will have your Aurora accident report on file. Similarly, if your accident occurs on unincorporated county land or on a Colorado freeway, the local county sheriff’s office or the Colorado State Patrol will have your report. There are three ways to obtain copies of Aurora accident reports. Either: Through the mail; In person; or Online. The protocol for requesting your accident report differs depending on how you choose to make a request. We will explain each of these three methods. Through the Mail First, you can get a copy of your Aurora accident report through the mail. To do so, you need to download, print, and fill out a record request form. You can find the request form by clicking the “Request a Police Report” button on the Aurora government’s “Get a Police Report” webpage. Otherwise, this “Request a Police Report” link will take you to the form directly. To fill out the form, you will need to provide the following information: Your name; Your contact information; The date, time, and location of your accident; The name and date of birth of anyone involved; The report number; and Your relation to the accident in question. If you need help finding any required information you can call the Aurora Police Records Unit at 303-739-6320 for assistance. Once you fill out the form, you can mail it, with payment, to Aurora Police Department; Attn: Records Section; 15001 East Alameda Parkway; Aurora, CO 80012. In Person You can also make your request in person. Requesting your Aurora accident report in person is helpful if you need help gathering all of the necessary information or filling out the form. You will need the same information as you would for a mail-in request. To make such a request, visit the Aurora Police Department’s Records division between 8 a.m. and 5 p.m. from Monday through Friday. The address is the same as noted above. Online Requesting your Aurora accident report online is similar to requesting it through the mail. First, download the same form you would use for a mail-in request. Then, either fill the form out on your computer or print it, fill it out, then scan it to your computer. Finally, email the completed form to APDPublicRecordsRequest@auroragov.org. The police department will contact you for payment within the following 30 days. Paying for Your Accident Report No matter which method you choose, the cost is the same. The first 10 pages of a report will cost $7.55, plus $.025 per additional page. To pay for your request you can use cash, check, credit, or debit card over the phone or in person. If you need to fill out a personal check for the fee, the recipient should be “City of Aurora.” The City of Aurora warns that the turnaround for information requests, including Aurora, CO, accident reports, can take approximately 60 days. Once You Have Your Aurora Colorado Accident Report Once you have your Aurora accident report and are ready to file a legal claim, contact us at Tenge Law Firm. At Tenge Law Firm we have helped Coloradoans recover more than $50 million in damages in the last seven years alone. In one recent case, we were able to recover more than $1.1 million for our client. Our priority is giving our clients...

Jul 23, 2021 | By Tenge Law Staff | Read Time: 3 minutes | Car Accidents

How to Obtain Your Lakewood Accident Report

Accident reports are a critical component of any car accident claim. The report is the official record of your accident. Thus, insurance agents, lawyers, juries, and judges will all use it to help adjudicate your claim. Because it is so important, it is crucial that you get a copy of your accident report before you file your claim. Filing a claim for a collision without an accident report in hand is a recipe for disaster. Without the benefit of an accident report, your lawyer may as well prepare your case’s legal strategy blind. To avoid any potential road bumps in your pursuit of a car accident claim, you need to know how to get a copy of your accident report. If your accident happened in Lakewood, your report will come in the form of a Lakewood, CO police report. Will My Crash Have a Lakewood Colorado Accident Report? If your accident occurs within Lakewood city limits, chances are that your collision will have a Lakewood Colorado police department accident report. There are a couple reasons for this. First, in almost all cases, drivers are required to report accidents to law enforcement. Second, in most cases, police are required to file an accident report for any collision they respond to. Thus, if the Lakewood police respond to your accident, you will most likely have a Lakewood Colorado accident report. On one hand, all drivers in Colorado are legally obligated to report any car accident where either property damage or personal injury occurs. Failure to report such an accident can result in a fine of up to $300, incarceration for up to 90 days, or both. On the other hand, state law requires law enforcement officers responding to traffic accidents to file collision reports for any accident where personal injury occurs or where property damage exceeds $1,000. For all intents and purposes, this includes just about any car accident. If the police respond to your accident and decide not to file a report, you can still request that they do so. If you make such a request, they are legally obliged to make the report. Obtaining Your Lakewood Colorado Police Report There are three ways that you can obtain a copy of your Lakewood accident report: Fax, Email, or Mail. Each of these methods works just as well as the others. The first thing you need to do to get a copy of your Lakewood collision report is to complete a records request form. Once you complete the form, send it in with a copy of your government issued ID, and the report will get to you within 3-7 business days. To submit your request, you can email it to LPDRecords@lakewoodco.org, mail it to 445 S. Allison Pkwy Lakewood CO, 80226, ATTN Records, or fax it to 303-987-7359. No matter the method by which you submit your request, you should always include a photocopy of your government issued ID. For help with filling out the form, you can call 303-987-7331 for assistance. Telephone services are limited at this time. Normally, there would be office hours, but as of July 2021, the records office is still closed to the public due to the ongoing COVID-19 pandemic. For any request that you submit through email or fax, the Lakewood Police Department will contact you through email or fax to complete the payment. The cost is $8.00 for the first 10 pages, and $0.25 for every pager after 10. You can also indicate on your application that you would prefer to submit payment in person. If you make such a request, the Lakewood Police Department will get in touch with you to schedule a time. However, in-person services are still limited at this point, so there is no guarantee that they will accept your request. If they deny your in-person request, they will notify you with a phone call or email. When You are Ready to File Your Claim Once you have your Colorado state police report from Lakewood, it’s time to get your claim started. After all, you don’t want to let the statute of limitations pass you up while you plan your legal strategy. So call Tenge Law Firm today. Our primary commitment is to provide Coloradans with the best legal representation possible. Whether your claim is large or small, we can help. We’ve helped our clients recover more than $50 million in the last 7 years alone, so let us see what we can do for you. You deserve specialized legal services because your case is just as unique and important as any other. Don’t just take our word for it. Check out our client reviews and case results pages to see how we help our clients. Then all you have to do is give us a call for your free consultation: we’ll take care of you from there on. Call us today for your free consultation!

Jun 25, 2021 | By Tenge Law Staff | Read Time: 3 minutes | Personal Injury

What Is a Reasonable Settlement Amount for Pain and Suffering in Colorado?

After sustaining an injury, the pain and suffering that you go through is very real. Even though it can be hard to measure, you can seek compensation for it following an accident. Lost wages and medical bills are forms of economic damages. They are tangible, have a precise monetary value, and are easily proven in court. Unlike medical bills and lost wages, however, pain and suffering is a form of noneconomic damage. Noneconomic damages are intangible and, notably, lack a precise dollar value. Nevertheless, noneconomic damages are just as relevant as economic damages in civil litigation. If you are filing a claim for civil damages, you should always account for any pain and suffering you experience. Because pain and suffering is a form of noneconomic damage, however, it is hard to know how much your pain and suffering is worth. Tenge Law Firm is here to break down some pain and suffering settlement examples, so you will know how much a reasonable settlement for pain and suffering is before you file your claim. When Can I Sue for Pain and Suffering Damages? Before estimating the value of your pain and suffering damages, you should first know what qualifies as pain and suffering in Colorado. Pain and suffering includes physical pain as well as mental anguish that you suffer as a result of the incident or injury. If the accident or injury in question causes such suffering, you can include pain and suffering damages in your claim. Establishing Pain and Suffering To recover pain and suffering damages you must show that the cause of your pain and suffering is the injury or incident itself. For example, if your pain and suffering stems from a car accident, you need to prove that the car accident caused the pain and suffering. You can prove your suffering with the help of a medical or mental health professional. Depending on how the incident is causing you pain and suffering, you might need to prove in court that: You received treatment for physical pain by a medical professional; You received psychological treatment from a mental health professional; You have lost a limb or your body was subject to permanent disfigurement; or You have lost the ability to do certain things that make you happy. The key, no matter what form of pain and suffering you are dealing with, is proving that the incident caused your suffering. Establishing something like losing a limb is often a bit more straightforward than establishing things like insomnia or anxiety, as the latter require a specific diagnosis. Opposing parties often try to argue that mental health issues were pre existing when claimants seek compensation for pain and suffering, but medical diagnoses will typically counter such claims. What Is a Reasonable Settlement for Pain and Suffering? The reasonable value of your pain and suffering settlement depends on your individual circumstances. The length of your suffering, the form it takes, and its intensity can all affect your settlement value. Furthermore, the total economic damages that you seek in your injury claim can also affect the value of your pain and suffering. Noneconomic damages frequently exceed economic damages and may be calculated by multiplying economic damages by a number between 1 and 5, depending on their severity. But at the end of the day, juries are given wide discretion in calculating awards for pain and suffering. They will evaluate all the evidence before them to calculate your award. Unlike economic damages, Colorado caps the amount of noneconomic damages you can recover in a given claim. With few exceptions, the cap on noneconomic damages in civil claims is roughly $500,000. Thus, most reasonable settlements for pain and suffering will not exceed $500,000. In specific circumstances, your noneconomic damages can exceed this cap, but Colorado courts apply a strict legal standard in such instances. If you believe your noneconomic damages might exceed the cap, it is crucial that you speak to an attorney right away. Tenge Law Firm Can Help with Your Pain and Suffering Settlement While it is possible to estimate your pain and suffering damages’ value yourself, the best estimate you can get will come from an experienced personal injury attorney. The personal injury attorneys at Tenge Law Firm in Colorado are here to help you through the legal process and fight for all of the damages you suffered. We have offices in Fort Collins, Boulder, and Denver, where our top priority is to fulfill all our clients’ needs. We have recovered more than $50 million for our clients in the last 7 years alone. Contact us today for a free consultation regarding all of your personal injury needs.

Jun 25, 2021 | By Tenge Law Staff | Read Time: 2 minutes | Articles

What Are Pecuniary Damages in Colorado?

When you file a claim for damages in civil court, you can typically seek two types of damages: pecuniary damages and non pecuniary damages. While the two types of damages are very different, they are equally relevant in civil claims. If you are considering filing a claim for damages in Colorado, you should know the characteristics of each. By doing so, you can help ensure that you recover the entirety of the damages you are owed. After all, if someone else’s negligence causes you injury, you deserve compensation for all the losses you suffer. What Is the Difference Between Pecuniary and Non Pecuniary Damages? The law often refers to pecuniary economic damage and non pecuniary damages as economic damages and non economic damages. Pecuniary or economic damages are the damages you suffer that are tangible and have a readily identifiable cost. Medical bills, lost wages, and lost employment benefits are all pecuniary losses in Colorado. Because they are tangible and have an identifiable value, recovering pecuniary damages in Colorado civil claims is relatively straightforward. In contrast, non pecuniary or non economic damages are, by their nature, intangible losses. The pain, trauma, and anguish that you might feel after an injury are all forms of non pecuniary damage. Non pecuniary damages also include things like losing a limb, experiencing permanent disfigurement, or losing the ability to do something you once loved. As you can see, despite their intangible nature, non pecuniary damages are just as real as pecuniary damages. Because they are intangible, non pecuniary losses are harder to place a value on than pecuniary losses. Furthermore, they are often harder to identify and prove in court than pecuniary losses. Are There Caps on Pecuniary Damages? Many states cap the amount of damages that you can seek in a civil claim. While Colorado law does not cap the amount of pecuniary losses one can recover in a civil claim, there is a cap on non pecuniary losses. It is logical to leave economic damages uncapped. Of course you should recover whatever tangible and easily evaluable damage you suffer. Conversely, however, non economic losses have a cap due to their inherently subjective nature. In all but rare instances, the cap on non pecuniary damages in Colorado is just over $500,000. If You Need to Seek Damages for a Colorado Injury There are no two ways about it: if someone else’s negligence injured you in Colorado, you deserve full compensation for the damages you suffered. To ensure you recover all your pecuniary and non pecuniary damages, call the team at Tenge Law Firm for a free consultation today. Our only objective is our clients’ satisfaction, and there is no length we won’t go to in order to make that happen. With offices in Boulder, Fort Collins, and Denver, we are never far, so call us today!

Jun 25, 2021 | By Tenge Law Staff | Read Time: 2 minutes | Car Accidents

How to Get Your Denver Police Department Accident Report

A car accident can turn an otherwise mundane month into what feels like a never ending series of unfortunate events. On top of your injuries and pain, dealing with insurance companies, doctor bills, and car repairs are all daunting prospects that no one looks forward to. The same goes for filing a legal claim to recover damages. To top it off, it isn’t always clear exactly what you should do after you are in a car accident. As Denver car accident attorneys at Tenge Law Firm, we understand any frustration you may feel about filing car accident claims. In this piece we explain one critical thing you need to do after any accident: get a copy of your accident report in Denver. You will always need it after an accident, so it is crucial that you know how to request a Denver police accident report. Why Accident Reports Are Critical One thing you will need to do no matter what is get a copy of your Denver accident report. After all, the accident report is the official record of the accident itself. Attorneys, courts, and insurance adjusters all look to accident reports to determine, among other things, who is liable for the damages in a given car accident. Without an accident report, the claim process devolves into a “he said she said” argument with little evidence to back up either side. Perhaps most importantly, without a copy of your accident report it is impossible to properly prepare your claim’s legal strategy. The Law Requires You to Report Accidents Almost all car accidents end up with police reports attached to them because the law requires it. Colorado law requires all drivers to report any car accident in which property damage or injury occurs. Failure to do so may result in a fine up to $300, jail time up to 90 days, or both. Responding law enforcement officers will make the report for you in most circumstances; they are required to do so. If the property damage is less than $1,000 and no injuries occur, the police don’t need to file a report. However, in such instances, you can still request they do so. Getting a Copy of Your Denver Police Accident Report Requesting a copy of your accident report is a simple process. In Denver, you can request a police report online, in person, or via mail. All you have to do is fill out the requested information and submit the form. The Denver city government page has a webpage where you can fill out and submit your form, or print your form to mail. Accident reports cost $10 each. If you have any trouble filling out the form, just contact the Denver Police Department’s records division at 720-913-6755. Make Sense of Your Denver Accident Report with Tenge Law Firm Getting a copy of your accident report is the easy part. Filing a legal claim, however, isn’t always as easy—unless you have the right legal team on your side. With Tenge Law Firm’s car accident attorneys, you don’t have to go through the legal process alone. Our team will work to ensure that your car accident claim goes as smoothly as possible and that you recover all your damages. Our priority is our clients’ satisfaction, which is why we have recovered more than $50 million for our clients in the last 7 years alone. Contact us for a free consultation, so we can get started on your car accident claim today!

Jun 25, 2021 | By Tenge Law Staff | Read Time: 2 minutes | Car Accidents

How to Get Your Accident Report in Fort Collins, CO

Accident reports are a critical element of all car accident claims. Attorneys, courts, and insurance adjusters all look to this official record of the incident as important evidence. Accident reports have a lot of information on them. Among other information, police include a general description of the accident, an assessment of the degree of fault of each party, and descriptions of property and injury damages. Without an accident report, filing a legal claim over a car accident may be impractical. Thus, if you live in Fort Collins, it is essential to know how to request a Fort Collins Police Department accident report. How Are Accident Reports Made? By default, police officers file accident reports for essentially all car accidents in Colorado. If property damage of more than $1,000 occurs or any injury occurs, Colorado requires responding law enforcement officers to file an accident report. The law requires the same when a driver requests an accident report even when no injury or property damage more than $1,000 occurs, Police come to the scene of car accidents because the law requires drivers to report all accidents in which property damage or personal injury occurs to the nearest available law enforcement officer. That includes most car accidents. If a driver fails to report an accident, they can face a traffic misdemeanor. Colorado traffic misdemeanors like failure to report an accident can bring a fine of up to $300, up to 90 days jail time, or both. Getting Your Fort Collins Police Department Accident Report If you need to get a copy of your car accident report, you can request a copy through the law enforcement agency that responded to your accident. Thus, for Fort Collins accident reports, you need to make a request through the Fort Collins Police Department. If your accident was on the freeway, you would need to make your request through Colorado State Patrol. Obtaining a copy of your Fort Collins accident report is a simple process. First, navigate to the Fort Collins Police Department’s records release page. Once there, you need to download the request form. You can fill out the information digitally or print it and fill it out manually. Once you complete the form, you have three options to submit the request: Email: Send the completed form to policerecordsrequest@fcgov.com. Fax: Fax the completed form to 970-221-6284. Mail: Mail the completed form to Fort Collins Police Services Records, PO Box 580, Fort Collins, CO 80522. Each record request costs 25 cents per page, and a letter certifying the legitimacy of the report costs $5.00. If you need help filling out or submitting your records request, call 970-221-6540 and select option 5 to speak to a Fort Collins Police Records representative. After You Get Your Fort Collins Accident Report Getting a copy of your accident report is the first step in recovering the damages you suffered in your Fort Collins car accident. Now, to get the compensation you deserve, you need the right legal representation. The car accident attorneys at Tenge Law Firm can take the guesswork out of the car accident claim process and advocate aggressively for you from start to finish. We pride our firm on our 5-star results and hundreds of satisfied clients. Don’t just take our word for it; check out our case results and client reviews pages for more information on our happy clients. You took the first step, now let us help you take the rest. Contact Tenge Law Firm today for a free consultation!

Jun 11, 2021 | By Tenge Law Staff | Read Time: 3 minutes | Articles

Who Pays for Medical Expenses in a Car Accident in Colorado?

Car accidents can leave a person facing many frustrations, including injuries, property damage, and financial distress. After an accident, you may wonder, Who pays for medical expenses in a car accident in Colorado? The answer depends on your particular situation, but you may be entitled to financial recovery for your injuries. If you or a loved one have been involved in a car accident leaving you with mounting medical expenses, there are options. The Tenge Law Firm, LLC., is ready to help protect your rights and fight for fair compensation. Colorado Is an “At-Fault” State States are either “at-fault” or “no-fault.” Colorado was previously a “no-fault” state, but as of 2003, Colorado is an “at-fault” state. When a state is “no-fault,” this means blame is not placed on either party after an accident. This means that injured parties must seek compensation from their own insurers. On the other hand, when a state operates under an “at-fault” system, this means the individual responsible for the accident must pay. If Someone Else Was At Fault for Your Car Accident If the other driver is at fault for the accident, they are responsible for your medical bills. The driver themself or their insurance company will need to provide compensation. There are multiple ways you can have your medical bills paid, including: Filing a claim with your own car insurance; Filing a claim with the at-fault driver’s insurance; or Filing a lawsuit against the at-fault driver. How you get compensation for your medical bills depends on the details of your accident. Filing a Claim With Your Own Insurance Company Many individuals opt to file a claim with their own insurer because this is often the quickest and easiest way. Your insurance company will typically cover medical expenses and then seek reimbursement from the at-fault driver’s insurer. Med-Pay Insurance companies in Colorado offer drivers medical payment coverage, or “med-pay.” Med-pay covers up to $5,000 of medical expenses after an accident, regardless of who is at fault. Drivers in Colorado must opt out of med-pay if they do not wish to have this additional coverage. Uninsured/Underinsured Motorist Coverage In the event the at-fault driver is uninsured or underinsured, you can file a claim through the uninsured/underinsured motorist coverage on your policy. Unless you opt out of this coverage, you are covered should the responsible driver not have adequate insurance or any car insurance at all. Filing a Claim with the At-Fault Driver’s Insurance Instead of filing a claim with your own car insurer, you can also choose to file a claim directly with the other driver’s insurance company. If the insurance company refuses to pay the claim, you can file a lawsuit. Filing a Lawsuit Depending on the details of your case, you may be able to file a lawsuit against the at-fault driver’s insurance company or the driver themselves. It is imperative you speak to a Colorado car accident lawyer to understand your rights and options. If You Were Responsible for Your Collision If you are completely at fault for your car accident, you are unable to collect for your medical expenses. In this case, you can use your own health insurance or pay medical expenses out-of-pocket. Modified Comparative Negligence Colorado’s modified comparative negligence law could affect how much compensation you are entitled to recover. Under this law, the plaintiff’s award is reduced by their percentage of fault for the accident. However, if the plaintiff’s fault is greater or equal to the defendant’s percentage of fault, the plaintiff gets nothing. For example, suppose the plaintiff and defendant are involved in a car accident. Let’s say the plaintiff is 55% at fault, while the defendant is 45% at fault. In this case, even though the plaintiff and defendant are almost equally at fault, the plaintiff would get nothing because their fault is greater than the defendant’s. Statute of Limitations Depending on your particular situation, you may need to file a lawsuit to recover your medical expenses. It is crucial to note that there is a time restraint on the amount of time you have to file your claim. In Colorado, a plaintiff has two years from the date of the accident to file their lawsuit. Therefore, if, for example, your car accident was on June 5, 2020, you would have until June 5, 2022, to file your claim. Failing to file your lawsuit in time can result in a complete bar to recovery of any compensation for your injuries. Contacting a Colorado car accident lawyer sooner rather than later is the best way to avoid running out of time and ensuring you have the best ally for your legal battle. Consult with a Qualified Colorado Car Accident Attorney The Tenge Law Firm, LLC has over two decades of experience helping injured clients seek the financial recovery they deserve. Our boutique firm consists of skilled and passionate attorneys and staff offering the highest quality service. We never back down from a fight and are ready to go the extra mile for our clients. Our firm offers free case evaluations. Contact us today, and let’s discuss your case.

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