Jason Bryan Wesoky’s Answers

Jason Bryan Wesoky

Denver Personal Injury Lawyer.

Contributor Level 9
  1. In Colorado, when can you file an Underinsured claim, since the policy says there is no coverage until you settle with everyone?

    Answered 10 months ago.

    1. Scott W O'Sullivan
    2. Jason Bryan Wesoky
    3. Manuel Alzamora Juarez
    4. John T O'Connell
    5. Christian K. Lassen II
    5 lawyer answers

    You are insured, but the coverage does not become necessary unless there is either no coverage from the person who hit you or their coverage is inadequate. The timing of a lawsuit against your insurer differs from the timing of filing a claim with your insurer. You can and should put SF on notice of the UIM claim immediately. There are severe penalties if your insurance company does not act reasonably, but, at the same time, you must cooperate with SF. You should contact an attorney sooner...

    5 lawyers agreed with this answer

  2. Do I have a case worth pursuing?

    Answered 6 months ago.

    1. Christopher Daniel Leroi
    2. Philip Anthony Fabiano
    3. Christian K. Lassen II
    4. Jason Todd Studinski
    5. Jason Bryan Wesoky
    6. ···
    6 lawyer answers

    You dramatically increase your chances of a lawyer taking on your case and your case succeeding if you can get your current doctor to commit (in writing is best) that he thinks the doctor that did the surgery fell "below the standard of care." If he won't go that far, see if he'll state in writing that the screws are in the wrong place and that the standard of care requires the screws to be in a different place/position.

    4 lawyers agreed with this answer

  3. My former landlord wants me to pay a plumbing bill he received just before selling the building.

    Answered 8 months ago.

    1. Donald Corky Eby
    2. Christopher Daniel Leroi
    3. Jason Bryan Wesoky
    3 lawyer answers

    Another thing to consider is that any responsibility you may have for the damage may be only related to the percentage of blame you are assigned. With 60 year old plumbing that had many prior issues, you can argue that you are to blame only for a small percentage of the damage and that it was his failure to maintain or replace a system he knew was problematic that actually was the main cause.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  4. Can an oral agreement modify a previous written agreement?

    Answered over 2 years ago.

    1. Stett Matthew Jacoby
    2. Brian W. Erikson
    3. Steven Anderson Leahy
    4. Jason Bryan Wesoky
    4 lawyer answers

    As hinted at in the first answer, you are going to have to prove that the course of conduct of the parties proves the agreement was modified. However, if there is a provision that precludes oral modifications, you're out of luck. In your case, you may be able to prove the oral modification. You will need to show that the oral agreement was made around the same time that the life insurance policies were taken out. If a court or jury agrees that the partners would not have purchased the life...

    5 lawyers agreed with this answer

  5. Colorado law requires landlords to send a written statement regarding security deposit, but does email count?

    Answered 10 months ago.

    1. Donald Corky Eby
    2. Jason P. Bailey
    3. Christopher Daniel Leroi
    4. Jason Bryan Wesoky
    4 lawyer answers

    Just to add to and clarify the previous answers, the landlord cannot charge you for normal wear and tear, and the costs to repair/replace must be reasonable. It is not reasonable to repaint an entire house if one room (or even two) need repainting. You can and should challenge the itemization of the repairs/damages and an attorney can help with that.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Are verbal contracts binding in colo

    Answered 6 months ago.

    1. Christopher Daniel Leroi
    2. Robert John Murillo
    3. Jason Bryan Wesoky
    3 lawyer answers

    While contracts to purchase real estate must be in writing, as suggested, the facts provided could be construed that your contract with your sister was not a contract to purchase real estate, but rather a verbal residential lease or a contract to lend money (but that also may have to be in writing).

    2 lawyers agreed with this answer

  7. As an original tenant on a shared lease, what are my rights/options when my subletter doesn't pay?

    Answered 6 months ago.

    1. Jason Bryan Wesoky
    1 lawyer answer

    Your liability will depend on the language of the lease and sublease, but it is the usual case that the person agreeing to sublet (you in this instance) is on the hook for any rent not paid by the person who moves in. You can assert a claim against the person who lives there now. Because the amounts are so low, you'll probably want to do that in small claims court. But, you have to collect on the judgment - it's often much easier to win a lawsuit than collect the money owed after you win.

    2 lawyers agreed with this answer

  8. Can a real estate seller cancel a buyer's contract

    Answered 8 months ago.

    1. Jason Carl Kennedy
    2. Jason Bryan Wesoky
    3. Robert J Adams Jr.
    3 lawyer answers

    Standard real estate purchase contracts are designed to allow either party to terminate with only minimal consequences (loss of earnest money, payment of certain costs, etc.). If the contract to sell was contingent upon the buyer purchasing another property and they cannot do so, then the contract will fail because that contingency was not met. It is likely that you don't have much recourse and perhaps the best course of action is to move on and find a different - and perhaps better - home (...

    2 lawyers agreed with this answer

  9. A person has been storing stuff for free in our garage. She is now unable to be found. What can we do with the belongings?

    Answered about 1 year ago.

    1. Christopher Daniel Leroi
    2. Jason Bryan Wesoky
    2 lawyer answers

    Generally speaking, you have a bailor (the owner of the stuff) and bailee (you) relationship. That means that you are responsible for the safekeeping of the stuff. A bailment may be created by operation of law, and even a gratuitous bailee is liable to the owner for damage caused by simple negligence. Christensen v. Hoover, 643 P.2d 525 (Colo. 1982). A bailee is bound, at its peril, if it misdelivers the property to one other than the lawful owner, and it can only release the property to...

    2 lawyers agreed with this answer

  10. Canceled Gym membership in 2010 and I received letter from collection Agency

    Answered 6 months ago.

    1. Christopher Daniel Leroi
    2. Jason Bryan Wesoky
    2 lawyer answers

    In addition to sending the cancellation letter to the gym and the collection agency, inform them that it is your understanding that there is no debt, that the debt is invalid, and any further attempts to collect it - or reports to crediting agencies regarding the invalid debt - may violate the fair debt collection practices act.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful