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Articles
Personal Injury Legislation Update - 2008
Colorado's 2008 Legislative Session adjourned on May 6, 2008. A number of bills that significantly effect personal injury, malpractice and bad faith cases were addressed.
Med Pay coverage in auto insurance policies was modified. After January 1, 2009, all auto insurance companies must offer Medical Payments coverage of at least $5,000. This pays your medical bills when you are hurt in a car accident regardless of who was at fault. Consumers can decide not to get this helpful coverage, but must sign a written rejection form to do so. Importantly, this new bill limits your insurance company's ability to get reimbursed out of your settlement or award for the Med Pay benefits it has paid. The bill also gives ambulance services and trauma doctors priority in being paid out of this $5,000 coverage. SB 08-011.
Insurance companies that wrongfully delay or deny valid claims may face stronger penalties in some cases after August 5, 2008. This bill provides for stiffer fines, and allows you to recover double your damages, as well as your attorney fees, in certain kinds of insurance disputes that occur after August 5, 2008. This new rule does not apply to all types of insurance. See your attorney for details if this new rule may apply to your situation. HB 08-1407.
The "offer of settlement" statute, which applies to cases filed in court, was amended to treat claimants more fairly. The cost shifting provisions of this law now clearly allow a claimant who wins their case at trial to obtain an award of actual costs and expenses accrued before their offer of settlement. This new rule applies to offers of settlement made on July 1, 2008 and after that date. HB 08-1020.
In medical malpractice cases, SB 08-164, would have applied the same damage caps to medical malpractice claims that apply in other personal injury cases, eliminating the special treatment that the law presently gives to substandard doctors and hospitals. The bill would also have eased special limits on the amount persons who have been permanently disabled can recover for medical malpractice. The bill was staunchly opposed by the Colorado Medical Society and the largest insurer of doctors in Colorado, COPIC. Unfortunately, the Legislature did not pass this bill due to such opposition. SB 08-164.
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The personal injury lawyers at Gaddis, Kin & Herd, P.C., of Colorado Springs Colorado, recently won a substantial jury verdict in an auto accident case.
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