Legal Advocacy for Denver’s Injured Individuals
Have you or someone in your family or loved one been injured because of another individual’s negligence or irresponsibility in the Denver area? Protecting your right to recovery is a job best left in the hands of an experienced Denver personal injury attorney with the knowledge and skill necessary to advocate for you.
At Gerash Steiner Blanton, P.C., we are passionate about protecting our clients’ interests in the aftermath of serious accidents and injuries, and we have a proven track record of success.
Why Choose our Denver Personal Injury Lawyers?
- Representation from a Colorado physician
- 5.0 out of 5.0 rating of AV Preeminent® for proven ethics & legal skill
- Inclusion in Colorado Super Lawyers® and in Best Lawyers in America®
- We give clients our personal cell numbers and offer a FREE consultation
Our ability to safeguard the interests of our clients with perspective and experience is what sets us apart in the complex area of injury law. We believe in ethical, compassionate, and tenacious representation. We strive to ensure that our clients continue to receive a high standard of advocacy from Gerash Steiner & Blanton & Blanton, P.C.
Contact us today to schedule your FREE consultation. Call us now or use our online contact form.
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What Representation from a Physician Means for You
One of our Denver injury lawyers, Eric Steiner M.D., is an experienced physician who spent 20+ years working actively in the medical field. Our legal team understands the medical world, the procedures, complex medical records, physicians, and the terminology associated with the medical field.
Our intensive insider knowledge allows us to help individuals more effectively and more comprehensively. Attorney Eric Steiner’s first-hand experience in the medical world gives our firm, and by extension our clients, a truly invaluable advantage when going to court or the negotiation table.
We are ready to assert your rights in personal injury cases that include:
- Car accidents
- Medical malpractice
- Motorcycle accidents
- Product liability
- Railroad / FELA injuries
- Truck accidents
Personal Injury Case Results in Denver, Colorado
Denial of Insurance Coverage
Case involved an insurance company’s denial of coverage under a one million dollar policy after the client sustained severe injuries in a workplace accident. The lawsuit was filed by a different law firm, and the trial court granted summary judgment for the insurer, holding that there was no coverage available under the policy. Gerash Steiner Blanton then handled the matter on appeal, and obtained an opinion from the Court of Appeals that reversed the trial court’s ruling, and held that the one million in coverage was available. Gerash Steiner Blanton thereafter pursued the matter upon remand to the trial court and the case settled prior to trial for a substantial sum subject to confidentiality agreement. The appeal in this case established new law the helped workers recover under their own insurance when injured in a work-place accident. The reported appellate opinion is Am. Fam. Mut. Ins. Co. v. Ashour, 410 P.3d 753 (Co. App. 2017).
Case involved a firefighter who was injured while using a safety harness manufactured by defendant. The client suffered a significant brain injury as a result of the defective product. Gerash Steiner Blanton filed a lawsuit against the product manufacturer and retained experts in the areas of product design and biomechanics to establish causation. The case settled prior to trial for a substantial sum subject to confidentiality agreement.
Dram Shop Liability
Case involved severe injuries that client sustained when his vehicle was struck by another vehicle driving by an inebriated driver. Gerash Steiner Blanton investigated the matter and determined that the driver of the other vehicle had been served an excessive amount of alcohol by a bar shortly before the accident, and that the bar had allowed the other driver to leave the premises in an extremely inebriated state. Gerash Steiner Blanton filed a lawsuit against both the other driver and the bar. The claims against both defendants settled prior to trial for a substantial sum subject to confidentiality agreement.
Our Practice Areas
Let’s take a quick look at several of the practice areas that we focus on.
Car accidents are perhaps the most common type of personal injury claim. The most frequent causes of car accidents include:
- Intoxicated driving;
- Distracted driving;
- Mechanical malfunctions;
- Slick roads;
- Improper backing up;
- Failure to yield; and
- Illegal left turns.
A full listing of causes of traffic accidents would be too large to conveniently include. The Denver personal injury attorneys at Gerash Steiner Blanton, P.C., have seen just about all of them at one point or another in their practice.
Distracted driving accidents
Distracted driving accidents burst into prominence in the 21st century with the widespread use of text messaging mobile phones. Accident rates caused by distracted driving quickly surged. Since then, every state has enacted laws restricting the use of mobile phones while driving. Other forms of distracted driving include shaving, eating, arguing, and even turning the radio dial while driving.
Truck accidents are particularly dangerous because:
- The stopping distance for a commercial truck is very long, increasing the likelihood of an accident; and
- The momentum of a commercial truck is so great that it tends to destroy anything in its path.
Wrongful death claims (see below) are a common consequence of truck accidents.
Motorcycles are among the most dangerous of all vehicles because of the rider’s complete exposure to the roads. Certain types of injuries, such as “road rash,” are characteristic of motorcycle accidents. The main reason for motorcycle accidents is motorists’ lack of awareness of the presence of motorcycles on the road.
Pedestrian and Bicycle Accidents
Injuries can be severe if you are involved in a pedestrian or bicycle accident. Often, it is the motorist’s fault for failing to see the pedestrian or bicyclist. If negligence caused your injuries, you might be able to recover damages.
If the victim dies in an accident, they cannot file a personal injury claim. Certain close relatives can file a wrongful death claim, however, which could yield a significant recovery. Compensation can even include emotional damages that you’re suffering from wrongfully losing your loved one. Our Denver personal injury lawyers handle wrongful death claims as well as personal injury claims.
Just about any product—from prescription medication to a child’s toy—carries a certain amount of danger. A product liability claim arises when someone suffers injury or death because of a defect that rendered a product unreasonably dangerous.
Automobile defects, including defective auto parts, can cause or exacerbate car accidents. Examples of dangerous auto defects include:
- Defective brake drums;
- Malfunctioning airbags; and
- Exploding fuel tanks.
If your vehicle had a defect that caused you injury, check with us to see if compensation is available.
Industrial Machinery Injuries
Industrial machinery can certainly cause workplace injuries. Most workplace injuries are covered by the workers’ compensation system. This system makes it easy to win your claim but impossible to collect certain types of damages such as pain and suffering. If workers’ comp doesn’t cover all of your damages, we may be able to help.
The owner or occupier of premises (a store, a house, or a mall, for example) is obligated to maintain the property in a condition that is reasonably safe for guests. If you are injured while on someone else’s property, a premises liability claim might arise.
The Federal Employees’ Liability Act (FELA) resembles workers’ compensation in many ways. However, one major difference is that it is possible to win much greater damages for a FELA claim than for a workers’ compensation claim.
Maximizing the Value of Your Injury Claim
A personal injury attorney’s job is to recover compensation for their client’s injury and damages. Our number one priority is seeing your case through to a successful conclusion. The goal of any great personal injury attorney is to maximize their client’s compensation. While lawyers are knowledgeable in the law and experienced in litigation, there are ways in which you can help maximize your injury claim.
Save All Records
One of the best ways to maximize the value of your claim is to save all records and receipts, including medical records and bills, repair invoices, pay stubs, and any other receipt or record you may have. Keeping a diligent record of out-of-pocket expenses can be critical when calculating damages.
Stay Off Social Media
Many plaintiffs unintentionally harm the value of their case by posting damaging content on social media. Defendants and insurance companies can use your words, posts, or videos against you. Do not brag about your case or discuss your injuries or any aspect of the accident on social media. In fact, if you can resist the temptation, it is best not to post anything while your case is pending. Opposing counsel can use seemingly innocent information—like photos of you dancing the night away or hiking after claiming an injury—to downplay your injuries or harm your credibility.
It is imperative to document as much as you can. Documenting may be as simple as jotting down what you remember before, during, and after the accident in a journal. Take note of any potential witnesses and video surveillance in the area. It is also a good idea to document your injuries and how they impact your day-to-day life. For example, if you find that you can no longer perform household tasks because of your injuries, you can log that in a journal.
Our experienced Denver personal injury attorney can assist you with ways to help maximize your injury claim.
How Long do I Have to File an Injury Claim in CO?
The amount of time you have to file an injury claim is known as the statute of limitations. The clock starts running at the time of the accident or when you discover or should have discovered the injury.
While many states have just one statute of limitations for all personal injury actions, Colorado separates claims into two categories. In Colorado, a plaintiff generally has two years to file a personal injury lawsuit. However, for car accident claims, a plaintiff has three years from the date of the accident to file a complaint. There are a few exceptions to these statutes of limitations, including for minors and incapacitated individuals.
Our Denver personal injury attorney will help you determine how long you have to file your claim.
Evidence Needed in Colorado Personal Injury Cases
Evidence in a personal injury action is not one size fits all, and there is no requirement for specific evidence. The type of personal injury case and circumstances surrounding the accident will influence the available evidence.
Determining liability and personal injury damages in an accident case can be challenging and involve time-consuming investigations before filing a lawsuit. A thorough personal injury attorney in Denver, CO, can help gather and preserve evidence to prove who is responsible for your damages.
There are several essential types of evidence used in personal injury cases. The most important type is medical records.
One of the most crucial and significant pieces of evidence needed in a personal injury case is your medical records. Medical records, including emergency room treatment, hospital visits, surgical repair, physical therapy, and more, play an essential role in your case. Medical records detail specific injuries and the associated costs for treatment.
Other types of evidence that can be used include:
- Eyewitness statements,
- Police reports,
- Photos and video surveillance,
- Accident recreation, and
- Expert reports and testimony.
Gathering and preserving evidence takes time and skill. An experienced personal injury lawyer in Denver can assist you with the investigation process.
How Do I Know I Found the Right Attorney for Me?
Choosing the right attorney can feel overwhelming, and you may question your ability to select the correct one. There are several valuable tips for finding the right attorney for your case. Most people think an initial consultation is so the lawyer can get to know you and the facts and circumstances of your case. While this is true, it is also a time for you to get to know the lawyer professionally and get a sense of how they handle cases similar to yours.
Let’s discuss some ideas on how you will know you have found the right attorney.
The Lawyer Is Attentive and Engaged
Make sure the lawyer fully engages in the consultation. They should take the time to listen to your version of events, ask questions, and look for important details. Upon hearing your story, your attorney should offer valuable feedback and insight into potential damages and compensation. If the attorney is distracted, inattentive, or constantly allows for interruptions, they may not be the attorney for you.
Trust Your Gut
One of the best ways to know if you found the right attorney for your personal injury case is to trust your gut. You should intuitively get a sense of compatibility. Your attorney should provide a sense of ease, peace of mind, and confidence that they can advocate successfully on your behalf.
Trust in the Attorney
Most importantly, you should trust your attorney. If you do not feel like you can share information openly and honestly with them, then it is probably not the best fit.
Personal Injury: Frequently Asked Questions
What is negligence and what does it have to do with a personal injury claim?
Defined, negligence simply refers to the failure of exercising reasonable consideration or care in certain circumstances. When negligence relates to a personal injury claim, individuals who are found to have acted negligently may be held strictly liable, or responsible, for any injuries, damages, or losses that resulted from the act of negligence.
Though the concept of negligence may seem simple and straightforward, the truth remains that proving negligence can be a very complex process.
Insurance companies, corporations, hospitals, or other major corporations will utilize all possible resources to deny blame or guilt. In order to hold negligent parties accountable for their misconduct, our legal team utilizes aggressive investigative tactics.
Can I recover damages for injuries I suffered on someone else’s property?
Property owners have a duty to protect the public from injury that may occur upon the property owner’s premises. This means property owners must warn visitors or tenants of possible dangers, or removing all possible hazards from the property to ensure the safety of all visitors.
Under the protection of Colorado’s premises liability laws, victims who have suffered serious injuries while on someone else’s property may be able to seek financial recompense for their damages. Innocently injured victims may be able to secure compensation if they are able to prove that the property owner acted negligently and failed to meet the duty to protect the victim from injury.
As an injured railroad worker, do I have any legal remedies available to me?
Yes! Railroad workers who have been injured while on the job must file a claim for benefits under the protection of the Federal Employer’s Liability Act (FELA). FELA is similar to the workers’ compensation program but is limited to railroad employees. Any railroad employee filing for compensation through FELA must provide proof that some sort of employer negligence has caused the accident-related injury.
Who can file for a wrongful death claim?
Under Colorado’s wrongful death statutes, only specific individuals may file a wrongful death lawsuit. A surviving spouse of the deceased is the only person who may file a claim during the first year after death. During the second year of death, however, both surviving spouse and surviving children can file a claim. If the deceased has no living spouse or children, then the deceased person’s parents may file a claim for wrongful death.
What is my claim worth?
Perhaps one of the most common questions we receive pertains to the amount that a personal injury claim or wrongful death claim may be worth. Because no two cases are alike, our Denver personal injury lawyers must take a comprehensive look at your claim. By keeping receipt of all medical costs, expenses associated with property repair, lost wages due to time off of work, or other accident-related expenses, we can help calculate the maximum amount of your claim.
Gerash Steiner Is More Like A Family Than A Team.
Our daughter was born with a birth injury- she is currently 5 years old. We are from a small community and resources are limited. No attorneys in our area would touch this case. We contacted Gerash Steiner for help as to what our options were. Eric and Dan as well as their paralegal have become a vested part of our family. They answered each question to its fullest extent. They helped us find resources to increase our daughter’s potential. We hired Gerash Steiner to help us recover expenses for past and future medical for our daughter. During the process I had contact with someone from their team on a weekly, at times daily basis, updates, just checking in or help with doctor appointments. Gerash Steiner is more like a family than a team. The amount that was recovered from the doctor and hospital will greatly benefit our daughter’s future. To say this process was easy would be a lie, but the help from this wonderful team made it easier for us. Nothing is easy if your child is disabled. The time and effort that was devoted to our case was stunning, they made us feel as if we were their highest priority.Former Client
Know Your Legal Options: Schedule Your Free Case Evaluation
If you or someone you love has been injured in a serious accident, do not wait to receive the legal representation you need. Our Denver personal injury attorneys are here to help you protect your rights and your interests. Don’t hesitate to set up your initial, no-obligation case evaluation to learn about how we can approach your case to achieve the results you need and deserve.
Call our Denver personal injury lawyers at Gerash Steiner & Blanton & Blanton, P.C. to learn how we can help defend your rights and future!