A car accident. A fatal slip-and-fall. A preventable accident at a workplace. Medical mistakes or preventable hospital-borne infections. A crime that didn’t have to happen if adequate lighting or security were available. A badly made or designed product that causes a death, including medical devices. All of these can lead to a wrongful death, or the unnecessary death of an individual through negligence. This can leave grieving families with serious financial difficulties if the deceased is the family’s provider.
Colorado allows wrongful death suits to be filed on behalf of a deceased person, for the compensation he or she might have been able to recover as if they were still alive.
Several factors are involved when a person dies at the hands of another. Depending on the circumstances, it may be possible to recover damages from the responsible party through a lawsuit, known as “wrongful death.”
The permitted parties
In Colorado, it’s possible to recover damages in a wrongful death lawsuit, but there are limits on who can file one, depending on the individual’s status. The Colorado Wrongful Death Act details these individuals:
For the first year after the death, only the deceased’s spouse may file
If the spouse does not file after the first year (or there isn’t one), any surviving children can file, as well as the spouse
If the decedent has no surviving spouse and/or children, the deceased’s parents can file
Anyone who would have been a beneficiary and lost an inheritance as a result of the wrongful death can file
A representative of the deceased’s estate may also file
Relatives such as siblings, nieces and nephews aren’t permitted to file a lawsuit unless they were previously a designated beneficiary or would have been a beneficiary.
Proving wrongful death
If the wrongful death is the result of a criminal act, there will be two parts to the equation: a criminal case and a civil case. The criminal case is brought by the state, and the civil case is brought by a spouse, children, parents, or other qualified individual.
In order to prove that the individual’s negligence is responsible for the death, you’ll need to prove it with “preponderance of evidence.” This demonstrates that the defendant is more than likely than not guilty of negligence that caused the wrongful death.
Available compensation
Once a death is proven to be wrongful or negligent, the plaintiff can request:
Medical, expenses, including hospital and emergency room charges.
Funeral and burial expenses
Lost wages, future wages, any financial benefits or anticipated inheritances (such as life insurance policy payouts)
Punitive (“punishment”) damages to make an example of the defendant and discourage other individuals from doing the same thing
Loss of companionship from the deceased person
Any other accident/injury related expenses
Qualified parties have a two-year statute of limitations on filing a wrongful death lawsuit. That’s why it’s important to find a personal injury attorney who understands wrongful death laws to have the best possible outcome, and begin working with them as soon as possible.
Wrongful death attorney in Denver, Colorado
The death of a loved one is always difficult. But knowing that someone else’s negligence caused a needless death makes it even worse.
A police officer stops you after you didn’t see a stop sign. He asks for your license and registration (or insurance.) You comply with the officer, but a few minutes later, drug-sniffing dogs are inside and around your car. What brought this on? Is it illegal search and seizure?
What is illegal search and seizure?
In simple terms, it means a search and seizure conducted by law enforcement with neither probable cause that a crime is being committed or a warrant to conduct the search.
This type of behavior is illegal under the Fourth Amendment, which protects American citizens from improper or illegal search and seizure.
Additionally, any evidence that’s gathered from an illegal search and seizure is not admissible in court, under a doctrine known as “Fruit Of The Poisonous Tree.” Under the decision in Mapp Vs. Ohio, 347 U.S. 643 (1961), evidence gathered during an unconstitutional search is inadmissible in a state court criminal trial.
You can inform officers that if they do not have probable cause or a warrant, you do not consent to a search. If your car was searched by drug-sniffing dogs without your consent and they found something, without a warrant and no probable cause they may have committed an illegal search and seizure. Anything that was found in the process will not be accepted into evidence in court.
The Fourth Amendment
This simply stated part of the Constitution says that:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
A search, and any evidence collected from it, must have probable cause. If your home is searched, law enforcement are also required to have a warrant to perform a search. There are procedures that must be followed once a warrant is issued.
If the police show up without a warrant and ask to search your home, you can ask for a warrant to be issued first, and decline to consent to a search without one. A warrantless search could lead to procedures not being properly followed.
Warning: even if you state loudly that you do not consent to a search but the officer proceeds to search you anyway, do not resist. You could be charged with obstruction, assaulting a police officer, or other charges. But if the search is illegal, your attorney can file a motion to suppress, which will stop any evidence from the search from being introduced into court. You may also have a right to a civil court remedy as a result of the illegal search.
A search warrant does not give law enforcement the right to arrest you. They may gather any evidence in plain sight, and may look to see where you are hiding. However, if they gather enough evidence, they can arrest you based on that evidence.
The warrant and illegal search and seizure
This document must contain:
The judge’s name
Your name
Your address
The name of the agency conducting the search or arrest
Descriptions of items that are being sought
An officer is not required to have the warrant on hand, but if he or she does, under Colorado law they must show it to you upon request. If an officer removes property from your home, he or she must give you a receipt for the property as well as a copy of the warrant.
Note that you do have the right to remain silent and not answer questions. Should they threaten to get a warrant, insist that they do so. They will have to go to court to get it, and may or may not be successful. However, if you consent to a search, they won’t have to get court permission.
If law enforcement insists on doing a search anyway, remain calm, do not interfere, and begin taking notes immediately. If someone is with you, ask them to witness the unconsented search. Record:
Names
Badge numbers
Law enforcement agency or agencies involved
Any other relevant information
Call a civil rights defense attorney immediately.
Section 1983
This section of US law (42 U.S. Code, Section 1983) addresses the abuse of the legal system to deprive another person of their civil rights, and allows people to sue the government for any civil rights violations.
For this section to be used, the defendant must have acted “under color of,” in a specific jurisdiction. That is, the individual was acting in his or her capacity as a representative of a governmental entity. A police officer generally does, whether patrolling or performing a search and/or arrest. Police who use excessive force generally come under Section 1983.
It is possible to sue for damages incurred during an illegal search and seizure, if you were arrested. You can sue for property damage, pain and suffering, lost wages and other expenses as well as attorney’s fees
Defend your rights — call today
If you’ve been a victim of an illegal search and seizure, defend yourself. Get a lawyer who is experienced in civil rights violations and Section 1983.
Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We understand civil rights cases, and aggressively defend you in court and make sure your rights are protected.
It happens sometimes that people are arrested for reasons they don’t understand. You’ve done nothing wrong, but there you are, sitting in the back of a police car (not resisting arrest), and you’re not sure why. It happens more often than you think, and the ACLU has stepped in to assist hundreds of people like Valerie Rodriguez, a lady unlucky enough to have the same name as someone else who committed a crime. A police officer who failed to do the proper research facilitated the arrest of an innocent woman instead of one that caused harm.
Police officers may be quick to make an arrest if they believe you aren’t complying with their request. Unfortunately, even catchall charges like disorderly conduct and resisting arrest are up to the officer’s discretion. Even not acting fast enough when the officer tells you something can be “resisting arrest,” giving an officer free reign. If you’re innocent of the disorderly conduct but tried to resist arrest, that second charge may stick when you go to court. An officer’s report may be written to indicate that you have broken the law, when in fact, they may be covering up their own mistakes.
Last year we discussed false arrest and the civil rights violations that it could bring. But even if it’s a false arrest or other mistake, is resisting arrest the right thing to do?
Resisting arrest is a misdemeanor in Colorado
Interfering with a police officer’s duties and preventing him from making an arrest constitutes resisting arrest. This is true whether the individual is innocent of any charges or not.
If you do resist being arrested in Denver, CO, and you are innocent of the original charge, you’ll still be charged with resisting arrest under 18-8-103 (1) C.R.S, which is a Class 2 misdemeanor. You could face fines of up to $1,000 and as much as a year in jail.
Defenses against resisting arrest
There are defenses against this charge:
Self-defense, in which the individual intends to protect himself or herself against an assault by a police officer
In defense of another individual
The police officer is acting as a private person and not in his or her official capacity as a law enforcement officer
The police officer uses excessive force when it isn’t warranted
However, unlawful or false arrest are not defenses; you’ll need to fight this kind of charge in court.
If you are arrested for resisting arrest in Denver, CO
The safest way to proceed is to go along with the officer, do not resist, and give them no additional information beyond your name. State that you would like to answer any other questions in the presence of an attorney. Anything you say to the police, even before they read your Miranda Rights to you, can be used against you in court. Therefore, make no statements to anyone involved, including the police, without the presence of an attorney at your side.
Once you’ve been freed from jail, find an attorney who will not only defend you from the charge of resisting arrest, but demonstrate that you were, in fact, innocent of the original charge for which you were being arrested.
Defend your rights with a Colorado civil rights attorney
Most charges of resisting arrest are defensible. If a prosecutor offers you a plea bargain, you’ll still have a criminal conviction on your record. To avoid conviction, it’s best to take your case into a jury trial. That’s where a civil rights attorney can help.
If you or someone you know has been charged with resisting arrest and is innocent of charges, get the legal help you need immediately. Call the Civil Rights Litigation Group at (720) 515-6165, or use our online contact form, to schedule your free consultation with us today. We’ll fight to help you clear your name against false arrests and other over-reaching actions by police.
Pregnancy and childbirth are a wonderful time in a woman’s life. From the first moment she discovers she’s pregnant until she takes home a newborn, she has much to do. One of the things she shouldn’t have to be concerned about is her job and pregnancy discrimination.
Many companies have specific policies and procedures in place to accommodate a woman during and after her pregnancy, including accommodations. Most companies implement temporary work re-assignments to accommodate a shorter work schedule. Some companies may hire a temporary worker or two while the worker is out on maternity leave. But not all companies are as progressive and forward-thinking.
There are laws in place to protect pregnant women from being singled out. But gender discrimination or pregnancy discrimination is still a widespread problem nationwide, particularly among low-income women. Many employers will find a way to terminate a woman’s employment due to her pregnancy, despite the fact that it’s highly illegal.
Employment termination is frequently disguised as a layoff, couched in less-than-favorable performance reviews, or a policy violation that wasn’t there before, such as tardiness without a doctor’s note or an increase in a weight-lift requirement. This directly impacts the woman’s family, since the income is cut off when they need it the most. Since pregnancy is exclusive to females, it can also be considered “gender discrimination.”
Laws against pregnancy discrimination
Both state and federal law prohibit pregnancy discrimination:
Pregnancy Accommodations In Colorado, in which an employer is required to offer “reasonable accommodations” to a pregnant employee, unless it would cause an undue hardship to the company. It also prevents an employer from taking “adverse actions” against an employee for requesting an accommodation. Requesting a doctor’s note for the requested accommodation is acceptable.
An employer must provide a reasonable accommodation for a pregnant employee as they would for an employee experiencing a different disabling health conditions (i.e., broken bones, stroke, recuperation after reparative surgery, etc.)
The Colorado Anti-Discrimination Act, which prohibits discrimination for pregnancy as well as other common reason, such as race, creed, nationality, orientation, age, and other factors. This act requires all employers, regardless of size, comply with the state laws against discrimination.
The Pregnancy Discrimination Act of 1978 specifically prohibits sex discrimination based on pregnancy, childbirth, or medical conditions related to pregnancy/childbirth. Women are to be treated the same as any other employee with a medical condition with respect to benefits, including healthcare, affected in the same way with a condition that temporarily prevents them from working or limits their ability to work.
The Americans With Disabilities Act (ADA), a federal law that prohibits discrimination against disabled workers by companies with more than 15 workers. Conditions related to pregnancy like gestational diabetes and preclampsia are considered disabilities under the law. You can’t be fired, harassed, or denied a promotion because of your pregnancy, nor denied assistance such as extra breaks or being excused from a lifting requirement. FMLA provides 12 weeks of unpaid guaranteed leave for pregnancy and childbirth.
What Is A “Reasonable Accommodation?”
Like many conditions, pregnancy includes its own symptoms, such as the well-known “morning sickness.” A pregnant woman in the workplace may need some accommodation during pregnancy, including:
Job restructuring
A temporary modified schedule
Increased breaks for restroom, food and water
Foot rests
Equipment modifications, such as a chair with increased support
“Light” duty, including the reduction of weight lift requirements during pregnancy
Assistance with manual labor, or a temporary transfer to a less hazardous job
An employer is required to engage in an interactive discussion with the employee to accommodate their needs for assistance. The employer is required to supply reasonable accommodation as long as it doesn’t create an undue hardship for the company. For instance, a request for a new chair would be considered “reasonable,” but a request for an entirely new office to be built would not be.
An employee is not required to accept an accommodation she didn’t request, nor can she be compelled to take leave if the employer can provide a reasonable accommodation.
What you can do about pregnancy discrimination
Both state and federal law prohibit an employer from using your pregnancy as a factor in decision making for:
The hiring and interview process
Wages, benefits and other pay-related decisions
Promotions, transfers, demotions or other disciplinary actions
Retaliation for taking leaves of absence
Disciplinary action, such as suspensions and termination
It’s important to begin keeping documentation of any attempts at discrimination in the workplace that you notice. For instance, if another individual is being accommodated for a different type of injury, but you aren’t. If something has “changed” at work after notifying your supervisor of your pregnancy, or you’ve heard an increase in inappropriate remarks about your pregnancy, keep a written record. If you are being singled out, this written record will go a long way in proving your case.
If you’ve been terminated, fired, laid off, or had other adverse actions taken against you once you’ve revealed your pregnancy, it’s time to speak with a civil rights attorney who can defend you and protect your rights.
Workplace discrimination is against the law
The US has very strict laws against discrimination, particularly for a pregnant woman. Colorado also offers protections if you believe you’ve been targeted because of your pregnancy. Call The Civil Rights Litigation Group today at (720) 515-6165 for a free consultation. We’re experienced in helping people like you fight back. We can help you file your EEOC complaint, and represent you in court when the time comes.
Losing a loved one is always difficult, no matter what the circumstances. Should the loss be a result of another’s negligence, you do have a possible legal recourse: a wrongful death lawsuit. Although wrongful death is a form of a personal injury lawsuit, the rules are somewhat different.
You may be wondering why you would file a lawsuit after you’ve been through the grief of a funeral and handling the deceased’s final affairs (such as reading a will, cleaning out their home, or closing accounts.) Filing a wrongful death suit could bring financial recovery for your damages as well as closure for you and your family.
What wrongful death means
This is a civil suit, not a criminal one, and establishes the liability of another individual or entity in the death of another person. In the case of a vehicular accident, a criminal case would be a separate action, and would likely not involve the recovery of damages like a civil suit would.
The state of Colorado describes a wrongful death as one that you, as a plaintiff, would need to establish that the defendant’s negligence, recklessness, or intentional behavior caused the incident.
Think of it this way: if the deceased were still alive, could they have filed a personal injury lawsuit for themselves? If so, you may be able to file a wrongful death suit, since it’s a personal injury suit on behalf of a deceased individual.
Depending on the circumstances of the wrongful death, a lawsuit may also give you additional answers. Our free consultation will give you more details so you can make an informed decision.
Colorado’s statute of limitations
If you are considering a wrongful death lawsuit, it’s important to speak with an attorney immediately. Colorado allows two years from the date of the incident to file. After that, your lawsuit will be dismissed, and you’ll lose your rights to any claims. There are some rare, limited exceptions, but as a rule, the limit is two years.
One exception is for a car accident, in which the driver is convicted of vehicular homicide as well as leaving the scene of the accident. If a jury convicts the driver on both charges, the time limit for filing will become four years.
Since there are some exceptions to the two-year time frame, don’t assume your time has passed to file. A Colorado wrongful death attorney can review your case and let you know what your options are.
Recovering financial damages for wrongful death
Since wrongful death is a form of personal injury lawsuit, you may be able to recover many of the same damages, such as:
Medical expenses for the deceased
Funeral expenses for the deceased
Pain and suffering on behalf of the individual
Lost benefits, current and future wages, and inheritance, such as a life insurance policy
Other related expenses
Punitive damages, or “punishment,” to deter others from committing the same negligence
Colorado does not have “damage caps” on lost wages, but does restrict punitive damages.
In the first year after the death, a surviving spouse may file a wrongful death suit. If, after that year, the spouse does not file, the surviving children as well as the spouse can file. If the decedent has no spouse or children, his or her parents can file at any time, but if they choose not to file, the parents will be unable to file.
A representative of the deceased’s estate may also file a lawsuit, including any beneficiaries who lost an inheritance as a result of the deceased’s passing.
Denver’s wrongful death attorney
Our attorneys understand the pain and difficulty of filing a wrongful death suit after losing a loved one through another’s negligence. We can work with you to help you through the legal process.
It’s difficult to go to a job every day and witness inappropriate or even illegal conduct, knowing it’s wrong. Every day, thousands of people in Colorado are afraid to say anything for fear of losing their jobs, or worse. Afraid of being labeled a whistleblower.
But if your employer does turn on you as a whistleblower in you do have protections against retaliation, including the ability to file a lawsuit if necessary.
Colorado’s at-will employment
Giving two weeks’ notice when terminating your employment is a custom, or company policy, but isn’t required by law.
With nearly any employer in the state, your employment is called at-will, meaning both you and your employer can terminate it at any time, without a reason. However, terminating employment for cause has to be for a legal reason, such as poor performance or violating company policies.
Protection for a whistleblower
The state of Colorado offers whistleblower protection for both public and private employees against retaliation after exposing illegal actions or policies.
Colorado code §24-114- 101: Private employees
An employer may not administer disciplinary action for disclosures of information
An employee must make an effort to provide the information directly to a supervisor or other internal authority before disclosing the information to an outside source
An employee can bring a civil lawsuit and seek damages and other relief
Colorado code § 24-50.5- 101 to 107: Public employees
Employees of the state of Colorado are protected from disciplinary actions by an employer for disclosing information with regard to illegal policies or actions that are not in the public interest
An employee must file a written complaint within 10 days of the retaliatory incident(s) with a state personnel board
If approved, the employee may recover back pay, obtain reinstatement and other related compensation
Should the board deny the complaint, an employee may file a civil lawsuit.
There are also common law protections for employees who:
Perform a public duty
Refuse to perform an illegal act
Exercise an important job-related right or privilege, such as filing a workers compensation claim.
Healthcare workers are also protected by the act called “Concerning Protection for Health Care Workers who Report Patient Safety Information.” Enacted in 2007, it allows workers in the healthcare industry to report their concerns about patient safety without fear of retaliation from their employer. Workers are encouraged to report conduct that could adversely affect patient care or healthcare standards in Coloardo.
Colorado protects employees who refuse to perform any illegal acts as a part of their regular work-related duties. The Colorado Supreme Court has also stated that an employee should not be faced with the choice of losing his or her job and obeying an employer’s order but violating the law.
However, there are exceptions in which you would not be protected as a whistleblower in Colorado:
Employees who knowingly disclose false or fraudulent information, or disclose information with “reckless disregard” for its truth
Employees who disclose information from public records that are closed to inspection by the public beyond specific government representatives
Employees who disclose other confidential information not disclosed to the public
Federal whistleblower protections
There are a number of federal protections for whistleblowers. Many are administered by OSHA (the Occupational Safety And Health Administration.) Since Colorado is a federal-OSHA state, these laws cover federal employees and private companies with 10 or more employees.
Additionally, the Whistleblower Protection Act protects federal employees who report incidents of waste, mismanagement, abuse of authority, law or regulation violations, or danger to the public safety.
If you’re a whistleblower in Colorado, the state allows two years for you to file a complaint against your employer for retaliation. If you are planning to file a lawsuit, it’s important to meet with a civil rights attorney as soon as possible.
Contact the Civil Rights Litigation Group in Denver
Deciding to blow the whistle on wrongdoing at your job is a courageous act that can bring unwanted consequences that you weren’t expecting. Whistleblowers have been responsible for a number of corrections that would not ordinarily have been addressed without them.
But if your employer retaliates against you or another employee after becoming a whistleblower, contact a leading civil rights attorney to represent you.
The Civil Rights Litigation Group is dedicated to protecting the rights of employee whistleblowers who are targeted with retaliation. We’ll vigorously pursue lawsuits against employers who have retaliated against employees, and will fight to get you compensation for your damages.
