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Denver Personal Injury Law Blog

Largest Jury Verdict In A Dental Malpractice Case In Colorado History

The Mahoney Law Firm recently obtained the largest jury verdict in a dental malpractice case in Colorado history. The verdict was for $2 million dollars in a case where the defendant never made any offer.

iStock-112258787_dental_room.jpgIn October of 2013 our client underwent a dental procedure for treatment of recurrent decay around and under an existing crown. The dentist removed the crown and the post (which is used to provide stability to the crown) came out of the molar with the crown. Instead of re-using the old post hole into which to place a new post, the dentist drilled a new post hole next to the old post hole. Rather than following the path of the old post hole, which followed the root canal down the center of the root, the dentist drilled off-axis at an angle. The dentist asserted he could not use the old post hole because the new post he was using was too narrow and he could not obtain retention in the old post hole. The evidence showed instead of drilling a new post hole off-axis, all he had to do was utilize a wider post which would have been retentive in the old post hole.

Common causes and injuries of motorcycle accidents

Winter might still have some fight left in it here in Colorado, but that does not stop many people from wishing and waiting for warmer weather. When spring arrives, more people will be out on their motorcycles. Before that happens, it might be a good idea to review safety measures, including the common causes and injuries that occur in motorcycle accidents.

Drivers of passenger and commercial vehicles are often heard saying that they simply failed to see the motorcycle before they turned, changed lanes or otherwise moved into the path of a motorcycle and caused a collision. You could easily end up in a driver's blind spot due to the smaller profile of your motorcycle. The Transportation National Highway Safety Administration once reviewed approximately 900 accidents involving a passenger car and a motorcycle. In approximately two-thirds of them, the car driver was at fault.

Teens, cell phones and fatal motor vehicle accidents

Most Colorado teens cannot seem to wait to get their driver's licenses, and most of their parents would not mind waiting a little longer. Safety is a big issue for new drivers since they lack the experience of those who have been driving for some time. This makes teens who use cell phones while they drive at even more of a risk of being involved in fatal motor vehicle accidents.

Teens are warned about the dangers of using their cell phones to talk or text while they drive, but they tend to do it anyway. Their risk of being involved in an accident increases by at least four times. In approximately 75 percent of the crashes teens are involved in, distraction is a critical factor, along with speed and failing to continuously scan the roadway for hazards.

Factors that contribute to motorcycle accidents

Riding the open road, feeling the fresh air and enjoying the thrill of a ride through Colorado's beautiful landscape are just some of the upsides to riding, a motorcycle but there are downsides as well. Many of the factors that protect those in passenger and commercial vehicles are absent for a motorcycle rider. Numerous factors that might not ordinarily cross the minds of other motorists contribute to motorcycle accidents and the serious or fatal injuries that result.

The most obvious issue is the lack of protection a motorcyclist has when compared to those in other vehicles. Without that extra protection, what might be considered a minor accident in a passenger vehicle could be catastrophic. Depending on the circumstances, helmets and other protective clothing might minimize injuries, but injuries could still occur.

What's so dangerous about snowplows?

Here's a very clear-cut lesson that should convince you to leave a little more room next time you're sharing the road.

We all know that winter weather in Colorado can change quickly. Sunny days can turn into sudden snow squalls, and the potential for icy, slippery roads is never that far off. Fortunately, public works employees are there to help, treating and clearing the roads, around the clock. But what happens when other drivers disobey the rules for staying behind snowplows? 

Driving drowsy can cause fatal motor vehicle accidents

Nearly everyone here in Colorado and across the country drives when tired. The fast pace of modern life does not always allow for adequate sleep. Unfortunately, tired drivers are not always able to pay adequate attention and might even fall asleep behind the wheel, which could lead to fatal motor vehicle accidents.

In 2014, 856 people died in crashes involving a driver that was fatigued, according to the National Highway Traffic Safety Administration. The accidents that cost these lives were preventable. If the drivers involved had made sure they got adequate rest or recognized that they should not be driving, the wrecks might not have occurred. 

Seeking damages in fatal motor vehicle accidents

Families who lose loved ones in crashes need time to mourn their losses and find a way to move forward without their lost family members. However, only a certain amount of time exists after fatal motor vehicle accidents in which surviving family members can file a wrongful death claim. Here in Colorado, a claim must be filed within two years of the date of death. It does not take long after these travesties for the financial impact to begin, and if someone else was responsible for the death, restitution could be possible.

If a Colorado civil court finds that an individual's death was the result of negligence by one or more parties, both monetary and non-monetary damages could be awarded. Monetary damages would include the out-of-pocket costs associated with the family member's death such as medical and funeral expenses. Other financial losses such as medical insurance, retirement and an inheritance lost because of a premature death could also be sought. 

Texas jury issues $1 billion verdict against Johnson & Johnson in hip implant case

A Texas jury determined last week that Johnson & Johnson should pay over $1 billion in damages for defective Pinnacle hip implants. This could be this year's largest product liability settlement.

The verdict comes in the wake of several other major product liability verdicts against Johnson & Johnson this year, including one in July for the same hip devices, and may pave the way for more similar settlements in the future.

Statistics on deadly motorcycle accidents are disheartening

The latest and complete data gathered by the Department of Transportation is for 2014. In that year, there were 4,295 deadly motorcycle accidents. That means that thousands of families across the United States -- including some here in Colorado -- who lost loved ones.

When a motorcycle is involved in a serious accident, its rider and passenger, if any, tend to suffer injuries far worse than those in an enclosed vehicle. Even when helmets are worn, there is no guarantee that those on the motorcycle will not suffer head injuries or death. Helmets are only effective in preventing brain injuries about 67 percent of the time and preventing death only about 37 percent of the time. This does not mean they should not be worn, but it does illustrate the violence and trauma someone on a motorcycle suffers in a crash.

The effects of alcohol and fatal motor vehicle accidents

Most Colorado residents know that driving requires all of their attention and concentration. They have to be ready to react to changes in the traffic pattern and obstacles that could get in their paths. Being impaired by alcohol makes this nearly impossible and could lead to serious or fatal motor vehicle accidents.

The skills that are required in order to drive safely are often greatly diminished by the effects of alcohol. The ability to concentrate is decreased, which makes it difficult to keep track of everything on the road and in the vehicle. Many people who are impaired are unable to keep their vehicles in the correct lane. In fact, some drivers end up going the wrong way, even on divided highways because their vision is compromised.

The Mahoney Law Firm, P.C. 4500 Cherry Creek Dr. S. Suite 950 Denver, CO 80246 Toll Free: 888-575-4383 Phone: 303-800-3168 Fax: 303-987-0045 Denver Law Office Map