Colorado Trial Practice Blog : Colorado Injury Lawyer & Attorney : Mac Hester : Personal Injury, Auto Accident, Medical Malpractice : Serving Denver, Colorado Springs, Aurora

I sometimes have clients who express embarassment or reluctance in pursuing a claim for personal injury damages. I ask them why they would be embarassed or reluctant to pursue the claim. They usually don't have a definite reason. Rather, they have a feeling that there is something wrong about it - or inappropriate if not wrong. So I ask them if it is proper to ask the driver who rearended their car to pay for the repair of their car. They always without hesitation say yes that is proper.  So then I ask them how much the other driver should pay for their car damage. They seem puzzled by the question.

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I have conducted psychological/sociological experiments at parties and social functions: I mingle and talk and almost every conversation involves the question - whether asked of me or by me - "What do you do?" I usually answer that I am a lawyer or that I practice law. The reactions to this answer are quite interesting: the reactions are usually not neutral; they seem to be more positive  or negative than if I had answered, for example, that I was an account manager.

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• Non-economic damages: $366,250 ($250,000 adjusted for inflation). But can be doubled if "clear and convincing evidence" shown. C.R.S. 13-21-102.5.
• Punitive damages:  Not to exceed actual damages. C.R.S. 13-21-102.
• Health care providers:  $1 million present value presumptive total, but may be exceeded for good cause shown if application of the cap is unfair; $300,000 for non-economic damages. C.R.S. 13-64-302.
• Wrongful death: Economic damages not capped. Non-economic $341,250. C.R.S. 13-21-203.
• Solatium for wrongful death:   $68,250. Economic damages not capped. C.R.S. 13-21-203.5.
• Alcohol vendors, hosts:   $219,750. C.R.S. 12-47-801.
• Ski areas:  $1 million present value; $250,000 non-economic. C.R.S. 33-44-113.
• Government:  $150,000 per person; $600,000 per incident. C.R.S. 24-10-114.
• Recreational lands:  $150,000 per person; $600,000 per incident. C.R.S. 33-41-103.
• Construction professionals:  $250,000. C.R.S. 13-20-806.
• Volunteers:  Applicable vehicle liability coverage. C.R.S. 13-21-115.5.
• Reservoirs:  Must carry at least $50,000 per person and $500,000 per incident liability coverage (if so, then certain pesons are immunized). C.R.S. 37-87-104.
• Damage caused by minor:  $3500. C.R.S. 12-21-107.

NOTE: This is only a summary of certain damage "caps"  and should not be solely relied upon. The applicable statutes must be reviewed carefully, as the statutes contain conditions, qualifications, and exceptions; e.g., the Governmental Immunity Act has a strict 180 day notice requirement that must be formally complied with.

Fort Collins Colorado Automobile Injury Attorney Mac Hester

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Allstate, over the past several years, has implemented scorched earth insurance claim and litigation tactics, which were developed in large measure by McKinsey & Company. McKinsy was inspired by military strategy and tactics, especially the strategy and tactics advocated by Colonel Boyd of the U.S. Air Force (e.g., "OODA Loop") which subsequently were adopted by the U.S. Marines and implemented in the first Gulf War ("shock and awe") and in the invasion of Iraq ("seize the initiative"; "change the game"). McKinsey decided to focus on "change the game" and Allstate adopted McKinsey's plan and implemented it as "The New Game: 'Good Hands to Boxing Gloves'". The adandonment of the good hands metaphor in favor of the boxing gloves metaphor illustrates Allstate's strategy of confrontation and combat and implementation of intimidation tactics that are designed to bludgeon claimants and claimant attorneys into submission by making pursuit of claims unpleasant, stressful, time consuming and financially, mentally and emotionally expensive and by making claims uneconomic; e.g., incentivizing claimant attorneys to decline "soft tissue" cases and/or settle them cheaply and forcing claimants to drop claims or settle them cheaply.

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