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Zealous and Determined Advocates
For Personal Injury Clients

Representing Motor Vehicle Accidents and Other Claims

Areas of Practice

Areas of Practice

Skilled and Aggressive Litigators

Fighting for Justice for Colorado Injury Victims

Can I Sue My Employer for a Construction Accident?

Construction accidents often result in serious injuries or death. Occupational Safety and Health Administration (OSHA) statistics show there were 991 deaths in the construction industry during 2016. In many cases, you cannot file a workplace accident lawsuit against your employer. Surviving family members may also not have this option. You or your family would rely on workers’ compensation benefits. However, there are cases where a claim could be filed against a third party.

Third parties are individuals or businesses who are not your employer. For instance, a third party could be the manufacturer of construction equipment at your worksite. Subcontractors working for other companies could also be an example of a third party. If one of these parties caused your or a loved one’s workplace accident, then you may be able to file a claim for damages.

Third-party claims have advantages over workers’ compensation benefits. With workers’ compensation, you may recover benefits that pay for medical expenses associated with your injury. Unlike workers’ compensation benefits, you can recover pain and suffering damages with a third-party claim. As a result, you may receive much more compensation than you could have obtained with workers’ compensation benefits alone.

Can I File a Third-Party Claim?

Construction sites generally have multiple companies working alongside each other. In addition, construction workers use machinery made by third-party companies. Depending on the circumstances, it could be possible to hold these other parties accountable for a workplace injury or death.

Unfortunately, many people are unaware that third-party claims exist. If you or a loved one were injured in a construction accident, then you should speak with one of the Colorado construction accident attorneys at Lampert & Walsh, LLC to determine your eligibility for filing a third-party claim. Our Denver personal injury law firm offers free consultations.

You can learn more about our experience with work accident cases by continuing to explore our website.

Can I Be Injured at an Amusement Park?

Warm weather draws millions of people in the US to theme parks and fairs each year. However, you could also suffer injuries at these establishments. The CPSC estimates that emergency rooms treated 30,000 amusement park injuries in 2016. Rides only causes a fraction of these injuries.

Several recent amusement park accidents have captured the national spotlight. In 2016, a 10-year-old boy was decapitated on the “world’s tallest waterslide” at a Schlitterbahn in Kansas City. Recent court documents show the park’s management hired a team without the technical skills necessary to safely build the slide. Two individuals responsible for constructing the slide are facing manslaughter charges.

Another accident occurred at a Six Flags in New York last year. In this case, a 14-year-old girl fell 25-feet from a ride. Several other people on the ground caught her, possibly saving her life.

What Causes Amusement Park Injuries?

There are several reasons why an amusement park might be liable for a ride-related accident. Amusement parks could be liable if they did not perform proper maintenance on rides or if their staff members improperly operated rides. The manufacturer of a ride could also be liable for injuries or deaths.

There are also accidents at amusement parks that do not involve rides. Slip and fall accidents can injure park patrons. In addition, amusement parks may have areas that are dangerous to patrons because they contain moving parts or are under construction. Accidents can happen if these areas are not clearly marked.

Many amusement parks require you to sign liability waivers. Amusement parks may use these legal documents to protect themselves if there are injuries and deaths at their establishments. However, there are still cases where you could successfully bring a claim against the park or other parties. You should still speak to an attorney even if you have signed one of these waivers.

The Colorado premises liability lawyers at Lampert & Walsh, LLC could help you determine whether it is possible to recover compensation for an amusement park injury. You can contact us at no cost for a free consultation.

Car Seat Safety Tips for Protecting Your Child

Selecting the right car seat can mean the difference between life and death or minor injuries and serious injuries for your child. The Centers for Disease Control and Prevention (CDC) maintains that car seat use reduces the risk of death by 54 percent for children between 1 and 4 years old. Car seats must be used correctly to receive the maximum benefit.

The National Highway Traffic Safety Administration (NHTSA) has several recommendations for selecting and using child car seats. These recommendations include:

  1. Buying the right type of car seat. There are various car seat types for different age groups. For instance, infants and very small children should only use rear-facing car seats. Children can use forward facing or booster seats as they become older or grow in size. NHTSA has more information on selecting a car seat based on your child’s size and age. You should also try to avoid purchasing a used car seat.
  2. Installing the seat correctly. Many child car seats are not installed correctly. In such cases, seats will not perform as well during a crash. You should always use the manufacturer’s instructions for an installation. NHTSA has installation instructions on its website for different types of car seats. However, may also be able to take the seat to a police or fire station for a free installation. NHTSA allows you to search for free installation services on its website.
  3. Registering the car seat. You should register your car seat with the manufacturer and NHTSA. This will allow you to receive an immediate notification of any future recalls. You can register with the manufacturer on NHTSA’s website.

What If My Child Is Injured in a Car Accident?

Tragedy can strike even if you follow the steps listed above. Lampert & Walsh, LLC is a Denver personal injury law firm with years of experience handling car accident cases. If you have questions about filing a car accident lawsuit, you can speak to one of our attorneys at no cost during a free consultation.

5 Mistakes to Avoid After a Car Accident

When you’re in a car crash, you might feel upset, confused and overwhelmed. It’s hard to think clearly in situations like this and you’re likely to make mistakes that can affect your car accident claims. Be prepared and avoid making these five common mistakes when you’re injured in a car accident.

  1. Failing to Call the Police: If the other driver pleads for you to avoid calling the police to report the accident, call the police anyway, even if the accident was minor. The police report will state what took place and serves as evidence in your car accident claim. To assist the attorney handling your car accident claim, be sure to get a copy of the police report. Which leads into our next point;
  2. Failing to Obtain Information: Don’t forget to exchange information with the other driver. Make sure to get their full name, their driver’s license information, their insurance information, and contact number. You will need this information to file a claim for your property and medical costs.
  3. Admitting Fault: Do not admit fault after a car accident. Even if you are tempted to apologize, refrain from doing so. Should you admit fault, you could harm your chances of being compensated for your injuries. You may not be at fault for the accident and you may not be aware of this due to missing information that has yet to be made known to you. At the same time, do not accuse the other driver of fault. It’s best to stay calm and let the appropriate parties decide liability.
  4. Failing to Take Pictures: One of the best things about owning a smartphone is the ability to take pictures anytime, anywhere. Taking pictures of the scene of the accident could serve as crucial evidence to prove liability in your car accident case. Take pictures of all the vehicles involved in the accident, as well as the inside of the vehicles, skid marks, debris, or damage to guardrails.
  5. Failing to Get Medical Attention: Get yourself examined by a medical professional following the car accident. Keep in mind that some injuries may not be noticeable of manifest until hours or days after the accident. When you visit the doctor, get copies of medical records that document the injuries you sustained in the car crash. This too will be crucial evidence for your car accident claim.

If you’ve been injured in an accident, keep your cool and avoid making the mistakes provided in this list. In addition, get in contact with an experienced attorney. The car accident lawyers at Lampert & Walsh can help you get the compensation you deserve to pay for your injury costs.

What is Legal Malpractice?

It is crucial when you are choosing an attorney to represent your case to select someone who will act with great care and minimize risky practices. However, there are instances where an attorney can act in a negligent manner and jeopardize their client’s case. Also known as legal negligence, legal malpractice occurs when an attorney handles a case inappropriately by acting recklessly and harms their client as a result.

To prove that an attorney acted negligently, you will need to prove that the attorney breached their duty to provide competent representation:

  1. You will need to show that an attorney gave you legal advice or assistance, and as such, established an attorney-client relationship. In establishing this relationship, you were also owed competent and skillful representation.
  2. The second element of attorney negligence is proving that the attorney acted in a reckless or negligent manner. Keep in mind that just because the court results were not what you were expecting doesn’t mean you can sue your attorney. You will be required to prove at what point during the case your attorney acted in a negligent manner that resulted in harm to you.
  3. You must show that if the attorney had not been negligent, you would have been successful in your case. It can be a challenge to prove that legal proceedings would have been different if your lawyer had handled the case properly.

Some common kinds of malpractice include:

  • Failure to meet a filing deadline;
  • Failure to sue within the statute of limitations;
  • Failure to apply the law correctly to a client’s situation and;
  • Failure to return telephone calls.

If you strongly believe your case has been handled incorrectly due to a negligent attorney, give the Denver attorneys at Lampert & Walsh a call. We know how important it is for an attorney to do their best for their client. We won’t neglect your case and will treat it with the utmost care and importance. Call us today so we can help you hold negligent attorneys responsible for your loss.

Did Porter Adventist Hospital Expose Patients to Deadly Viruses?

The Colorado Department of Public Health and Environment is investigating surgical site infections and the transmission of bloodborne pathogens at Porter Adventist Hospital in Denver. Health department officials found problems with how the hospital sterilized surgical tools after orthopedic and spine surgeries. Surgeons may have used contaminated surgical tools on patients. Infections were reported among patients who underwent orthopedic or spine surgeries between July 21, 2016 and April 5, 2018.

The Colorado Department of Public Health and Environment announced that patients who received these surgical procedures may have been at risk of contracting hepatitis B, hepatitis C or HIV. You may contract these viruses through exposure to infected blood.

After the health department found sanitation problems, the hospital temporarily suspended surgeries. Surgeries resumed on Thursday on a limited schedule.

Were You Affected by the Porter Adventist Hospital Sterilization Breach?

Porter Adventist Hospital sent letters to patients affected by the sanitation breach. If you received surgery at the hospital or a letter, then you can receive testing for HIV, hepatitis B or hepatitis C.

While these three viruses are treatable, they are also potentially fatal and can result in severe health complications. Treatments for HIV, hepatitis B and hepatitis C are expensive.

Can I Sue if I Develop an Infection from Surgery?

You may be entitled to compensation if you or a loved one contracted a surgical infection at Porter Adventist Hospital. The Denver medical malpractice attorneys at Lampert & Walsh, LLC can help you determine whether it would be possible to recover compensation. Our law firm is currently investigating claims against this hospital.

You can speak to one of our attorneys during a free consultation by calling (720) 893-9903 or by using our confidential case review form. To learn more about our experience handling medical negligence cases, continue to explore our website.

2 Types of Brain Injury You Could Sustain in a Severe Accident

When you’ve been in a severe accident at work or during your morning commute, you could sustain a traumatic brain injury. These injuries can be fatal. For those that survive their accident, their lives can be completely changed by their traumatic brain injury. It is recommended to seek the assistance of an experienced personal injury attorney should you be interested in seeking compensation for your injuries.

Traumatic brain injuries are no laughing matter. When the initial impact happens, the victim could sustain primary brain damage. These injuries result because of the physical displacement of the brain. Injuries can include:

  • Contusions
  • Damage to blood vessels
  • Axonal Shearing

In addition, the victim could receive open or closed head damage. Should the brain be penetrated, the victim has sustained open head damage. Closed head damage is harder to detect as the injury is a result of hitting your head but not breaking the skull. Primary brain damage is usually treated right away as failure to do so could lead to secondary brain damage. Secondary brain damage happens in the hours and days following the initial trauma. This damage can be fatal. Should the victim survive from their brain injury, their quality of life could be severely diminished and additional problems could begin to manifest as a result of the injury.

Have you or a loved one been victim to a sever accident and sustained a traumatic brain injury as a result? Call Denver’s experienced personal injury lawyers at Lampert & Walsh. We can look over the evidence and discuss which option will best fit you. Let us help you get the compensation you deserve so you can focus on your recovery

Three Common Prescription Drug Errors That Could Cause Severe Injuries

Prescription errors happen more often than we imagine. These errors have also been the cause of serious injury or death. The Centers for Disease Control and Prevention (CDC) reports that more than 700,000 people are admitted to the ER every year due to prescription drug complications. There are three types of pharmaceutical errors you should protect against to avoid serious injury.

Prescription Errors: Doctors may become confused if they are faced with an incomplete medical history or inaccurate records. This could cause the doctor to prescribe the wrong medication or wrong dose. You could end up developing additional issues as a result of a wrong medication or overdose due to the wrong dosage.

Dispensing Errors: Many pharmacists can become fatigued and lose focus due to spending long work hours on their feet. As a result, you could end up receiving the wrong medication or suffer from harmful side effects due to dangerous drug interactions your pharmacists may have failed to warn you about.

Administrative Errors: In hospitals, nurses can make mistakes by dispensing the wrong medication or too much of the correct medication. It is important that even at the hospital you take as much of an active part in your medical care as possible. Make sure to ask whether you are receiving brand or generic medication. Ask about any side effects that the medication could cause and also if the medication interacts with any other medications you might be taking.

Prescription drug lawsuits can be very complicated as it can be hard to determine what exactly is responsible for your injury. For example, it can be hard to say that your injury was caused by a medication complication and not a complication that developed from your injury. In addition, complications caused by the wrong medication may not show up until months later.

If you’re worried about these complications, get in contact with personal injury lawyer. The attorneys at Lampert & Walsh can review your evidence and discuss your legal options regarding your prescription drug error lawsuit.

Accident Tips to Help Before and After a Car Accident

Car accidents can happen to anyone, and they can occur at any time, whether you’re prepared for the outcome and circumstances or not. However, the more that you know about what you can do to prevent an accident, and also what to do after the accident, the less anxiety you can have while you’re on the road. There are some tips that you can follow in order to better prepare yourself in the event of a car accident:

Before the accident:

  • Have an emergency preparedness kit: In your car, you should equip yourself with some basic emergency preparedness tools in order to keep you safe if you happen to get into an accident. In the kit, pack: an extra cell phone, a disposable camera, pen and paper, medical information cards for you and your family members, emergency numbers and contacts, first aid kit, small road cones and/or emergency flares, and Mylar blankets.
  • Drive safely: This is an obvious tip, but the number one reason we get into car accidents is because someone wasn’t following the road rules and/or traffic laws. To minimize severe injuries, always wear your seatbelt, never speed, and remove any in-car distractions.

After the accident:

  • Report the accident: If you or others are mildly or severely injured, the first thing you should do is call 911. After medical personnel have confirmed that they are on their way, call the police and report that you were involved in an accident. If you are injured, try not to move too much and stay calm while you wait for everyone to arrive. Use your emergency kit to treat any minor wounds or to signal for help.
  • Exchange car insurance and driver information: The next step is crucial: exchange all information with the other driver involved. Make sure both of you have each other’s auto insurance information, and write down the individual’s name, address, driver license number, and license plate number.
  • Locate witnesses: Lastly, look around and find any witnesses that saw the accident. Get their name and number just in case you need them for your personal injury case.

Our personal injury attorneys at Lampert & Walsh can help you file your personal injury lawsuit after your car accident. Contact us to get started, or if you would like more information on how we can represent you.

Facts About Pedestrian Accidents in Colorado

Colorado is a beautiful state filled with natural scenery and interesting places to visit and enjoy. As with many cities that are big tourist attractions, there are usually many pedestrians in Colorado that are walking and biking around in different towns. Unfortunately, when there are many pedestrians in one area, the likelihood of an accident is much greater. Walking on a sidewalk or on a marked crosswalk should ensure that you are safe, but Colorado has witnessed multiple pedestrian accidents involving motor vehicles and pedestrians. These pedestrian accidents have resulted in catastrophic injuries because vehicles involved in these incidents are often speeding or driving recklessly. Here are some statistics related to pedestrian accidents in Colorado.

What Are the Facts?

In order to understand pedestrian accident statistics in Colorado, it’s important to see how these facts compare to the rest of the country. According to the most recent statistics from the National Highway Traffic Safety Administration, there were about 70,000 pedestrians that were injured and around 5,300 pedestrian fatalities in traffic accidents in 2015. Compared to numbers in 2012 (there were about 3,700 fatalities), this number has increased nationally. In the state of Colorado, 76 pedestrians were killed out of the overall 471 people killed in all motor vehicle accidents in 2012. This equals to about 16 percent of all traffic deaths and a rate of 1.47 pedestrians killed for every 100,000 people.

So, what do these statistics mean for the state of Colorado? These numbers are actually pretty average compared to the national rates, so Colorado is not more or less dangerous for pedestrians. As a mode of travel, there is always some risk of walking. However, walking still remains one of the healthiest and inherently safe modes of transportation and physical activity, especially in a city or busy town.

If you have been injured as a pedestrian in Colorado, our Denver personal injury attorneys are here to help you recover. Consult with us today to learn more on how we can represent you and help you get compensation for your injuries.