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Richard John Dehncke

Richard Dehncke’s Answers

5 total

  • Auot accident defendant

    I caused a auto accident while intoxicated with a high bac, my insurance company wants me to at least admit to partial guilt, the plaintif has a punitive case against me, I'm concerned this would leave me exposed in that trial, what should I do

    Richard’s Answer

    You are quite right to be concerned with you potential exposure to punitive damages, which will most likely not be covered by your liability insurance. You should consult an attorney unrelated to your insurer who can review the entire situation with you and provide you independant advice. You also have some significant exposure on the criminal charges, and I certainly hope you have retained qualified counsel to assist you on that matter.

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  • I was a passenger in a car owned by my mother and was hurt when she hit a rut in the the road. and hit a guard rail.

    I live with her and am on the policy

    Richard’s Answer

    Your question doesn't really ask for specific advice, but I suspect you are wondering if you have a claim for some benefits under your Mother's policy. If you are a resident relative of your Mother's home, and she has a normal Colorado policy including Medical Payments coverage, you would be entitled to benefits for medical treatment related to this accident up to the limit of her coverage. I would suggest that you or she contact her agent and verify that she has medical payment coverage on her vehicle, and if so ask them to open a claim for medical benefits for you.
    If she did not have medical payment coverage, you may be in a position to make a claim against her Personal Injury liability coverage if she was negligent in causing your injuries. I would suggest you contact a competent injury lawyer in Colorado Springs for a consultation if this is the case.

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  • My son was sitting at a computer when a boy came up behind him and shot him point blank in the head with an air rifle.

    The shooter is charge with assault with a deadly weapon.My son had brain surgery and now I want to sue for damages. Who is the best attorney for this case?

    Richard’s Answer

    I am so sorry to hear about this injury. Let me offer some thoughts for your consideration.
    First of all, you will need an attorney licensed in Colorado whose practice focuses on serious personal injury and brain injuries. There are unusual considerations which apply under Colorado law to such an injury, time limits within which to bring a claim, and serious issues of insurance coverages.
    The District Attorney has the exclusive jurisdiction to proceed with criminal charges, but you need advice as to your rights to bring a Civil Action and which parties may bear liability for your son's injuries. We handled a very similiar case a while ago involving a reckeless paintball gunshot which blinded a young woman in one eye.
    This is a case I would be happy to offer you an initial consultation at no charge for our time.

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  • What is the penalty for careless driving resulting in death and 2 counts of careless driving resulting in injuries?

    An accident killing one and injuring 2 blind students at bus stop after skidding on ice

    Richard’s Answer

    What happens in the Criminal Case will be ultimately up to the District Attorney in deciding what charges to bring against the at fault driver, and then sentencing will be up to the Judge if the driver is convicted or pleads to the charges. The family of the victims will be consulted throughout the process by the Victim's Assistence people at the DA's office.
    The victims's families have the right to bring Civil Actions against the at fault driver for damages arising from injuries and wrongful death. Such Civil Actions are totally separate from anything which occurs in the Criminal Case. It would be prudent for the Victims' families to consult a Colorado lawyer who specializes in serious bodily injury and wrongful death cases.

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  • Does the owner of a vehicle have any liability if an unlicensed and uninsured driver has an accident while driving their car?

    Need to know what can happen if I let someone who doesn't have a drivers license and no insurance drive a car that I own and they have an accident?

    Richard’s Answer

    If the vehicle owner has insurance on the vehicle it may very well cover the damages arising from the accident. Policies differ on this coverage, but if the damages are significant you may want to contact a qualified attorney.

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