Damages and Remedies
SOLATIUM DAMAGES IN COLORADO
In wrongful-death actions, non-economic damages reflect the surviving party’s nonpecuniary harm, which may include among other things grief, loss of companionship, pain and suffering, and emotional stress under C.R.S. §§ 13-21-203. As an alternative to establishing these noneconomic damages, the general assembly has provided wrongful-death plaintiffs with the option of electing a fixed award, set [...]
UNDERSTANDING NEGLIGENCE AND THE TITANIC DISASTER
Negligence is a cause of action (type of claim) known as a “tort.” A tort is a claim that does not arise out of a statute, meaning that it arises from past case law, called “common law.” Generally speaking, the tort of negligence is: doing something that a person using ordinary care would not do, [...]
CONSORTIUM DAMAGES IN COLORADO
The Colorado Supreme Court has judicially recognized a cause of action for loss of consortium, as has the Colorado General Assembly under C.R.S. 13-21-203.5 for solatium damages. A married person whose spouse has been injured by the negligence of a third party may recover for loss of `consortium,’ i.e., for loss of conjugal fellowship and [...]
DAMAGE TO YOUR AUTOMOBILE: MAKING SURE YOU ARE TREATED FAIRLY
If your vehicle is struck or damaged the cost of involving a lawyer will exceed the additional amount of money gained by using a legal representative. While this is not legal advise, it is intended to be a starting point for you to learn your rights to be paid a fair amount for the damages [...]
LEGAL DAMAGES AND TAXATION
Here are some general concepts about whether damages received in recovery of employment Discrimination or civil rights legal claim are subject to income tax. John Zodrow of Denver, a former accountant and attorney, compiled this information but it is merely a starting point for the reader. Consult the IRS, your tax professional or tax attorney [...]
“THE FIRST BITE IS FREE” –UNDERSTANDING THE ONE FREE DOG BITE RULE
The attached materials discuss the “one free bite rule” regarding dog attacks. If your dog bite/attack is the first one by this dog, your case may be one in which you cannot sue or collect. This gives rise to the shorthand statement that “The first bite is free.” The attached materials discuss these matters in [...]
FIRED POSTAL WORKER WINS RETALIATION/HARASSMENT AWARD
An article title “Fired Worker Awarded $258,000 after Suffering Verbal Abuse from the Medford Postmaster,” written by Chris Conrad, appeared in the Mail Tribune on or about November 22, 2007. John Zodrow of Colorado, a former attorney and Labor Relations Representative for the federal government, represented thousands of federal workers – including Postal workers. He [...]
EEOC REMEDIES AND “INTERIM RELIEF” DURING THE APPEALS PROCESS
Here is the Code of Federal Regulations section providing for “Interim Relief,” which means restoring a prevailing complainant in an employment discrimination case involving a federal employer to their former position – or paying them in lieu of work – while an appeal (usually to the Office of Federal Operations of the Equal Employment Opportunity [...]
NON-TRADITIONAL DAMAGES: EMOTIONAL HARM, FEAR OFFUTURE HARM, BYSTANDER DAMAGES AND MEDICAL MONITORING
Here’s a discussion of some extraordinary types of damages for injuries, and case in which such claims have succeeded and failed. The availability of these items depends on the law of the state that governs the litigation (called “the law of the jurisdiction”). While not explicitly based on risk, the newer harms often rely on [...]
COGNOVIT NOTE AND JUDGMENTS
A “Cognovit Note” is an extraordinary document by which a debtor (one who owes money) enters a confession in court that allows a legal judgment against the debtor in the favor of his or her creditor (the person who is owed money). Generally speaking, a cognovit note is a confession of judgment given to a [...]