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James Todd Tenge
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James Tenge’s Answers

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  • My question , I was in an auto accident 4/19/13 and have no health insurance. I did go to ER after the accident....

    My car was totaled and my head went through the window. The ER stated I needed f/u. I have whiplash and im having headaches and some ongoing neck/back pain. It was a bad accident and I was notat fault, the other car hit ran a red turn signal and w...

    James’s Answer

    It sounds like you have some serious injuries, which are still bothering you and impacting your life. You really need to consult with a qualified injury lawyer. The good lawyers will help you get the medical care you need (and get it paid for), get you reimbursed for any wage loss (past and future), medical expenses (past and future) and any other consequences of the accident. A good PI lawyer will also be sure you are compensated for pain and suffering and any permanent impairment or disfigurement you may have in the future. You really need to consult with one now. Most consultations are at no obligation or cost to you. So, don't wait. You have not lost your rights and can still make a claim. However, the delay is bad for your health and not great for your claim.

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  • I have a pre existing neck problem and was rear ended, making it worse. I am self employed and had to close my business.

    Should I ask for full policy amount, or more since I will have to seek a different career?

    James’s Answer

    Without knowing the policy limits and more about your injuries and business losses it is simply impossible to answer your question as posed. However, you should be aware that if you believe your damages exceed the policy limits of the at fault driver's insurance, be sure to check your own auto policy to determine if you have "underinsured" motorist coverage. If you do, this coverage can supplement your recovery over and above the policy limits amount of the at fault driver's insurance. There are logistical issues involved with presenting a UIM claim, so be sure to consult with a qualified injury attorney before making any settlement wtith the at fault driver's insurance (even if it is for the policy limits). Pre-existing injuries to the same body part(s) is not make or break. It depends on the exact nature of the prior condition vs. your current injury(s), as well as your medical care, pain, and function level leading up to this recent accident vs. the same before the accident. You will need to establish with your medical provider(s) that this accident either caused a new injury or exacerbated a pre existing injury, and thus, you have been damaged. With respect to the business losses, you will need your providers to set forth with clarity the causal relationship between accident -- injuries -- inability to run your business -- shut down of business. In terms of putting a monetary figure to your business shut down losses, you may want to use an expert economist or vocational expert for this purpose. Given the complexity of your situation, you will need a good personal injury lawyer.

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  • Can i sue the train company, the driver and the family of the car that my daughter was in???

    my daughter was killed in a car accident and so was the driver , can i sue the family of the driver and sue the driver of the train and the train company... the accident happen in kansas and i live in colorado

    James’s Answer

    • Selected as best answer

    I am very sorry to hear of this tragedy. It sounds like there could be multiple liable parties, as well as multiple insurance policies that may offer coverage for your terrible loss. I can't really answer this in more detail without more information. However, it is quite clear you should get a high level personal injury attorney to help you with all this. I would suggest retaining a Colorado attorney, and that attorney can obtain qualified co-counsel in Kansas, if necessary. My condolences to you and your family.

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  • 13 year old daughter was injured in a major car accident in December, they were t-boned by a semi-truck.

    My 13 Year old daughter was involved in a tragic car accident this past December she was a passenger and suffered a broken right femur, head trauma, and back trauma. One child passed on scene the driver of my daughters car was at fault he failed t...

    James’s Answer

    I am very sorry to hear about your daughter's accident and the death of her friend. If I am reading this correctly, the truck driver was NOT at fault, and the at fault driver (driver of the car your daughter was a passenger in) was uninsured?? If this is the case, you need to look at the family car doctrine as a source of insurance from the parents of the at fault driver, or what is called Uninsured Motorist coverage of your own auto policy. This is coverage you have on your own policy for situations exactly like this - where the at fault driver was uninsured. Depending on your coverage, the number of cars you own, and a number of other factors, you may actually be able to source my than one UM insurance policy to help get your daughter the compensation she deserves, and to help you pay for your daughter's medical bills and other care (both past and future). You need an experienced personal injury attorney who is particularly skilled with insurance coverage analysis because you need to find as much insurance as possible -- and the insurance company will not help you uncover applicable policies. Finally, while most often a personal injury victim's recovery is limited to available insurance policies, there remains the option of going after the at fault driver's assets, or in some instances, the assets of the parents, if the driver was a minor. NOTE: It was unclear from your question whether the driver was a young kid, or possibly the parent of the child who passed. Good luck to your daughter and your family.

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  • Colorado Auto Accident - Attorney's actions -correct or incorrect? Has our attorney screwed up royally or not?

    My wife was rear ended at a major intersection while at a red light behind other vehicles. Driver was driving his wife's separately owned and separately insured car. Most of his family assets are in wife's name. Driver is successful businessman. O...

    James’s Answer

    In addition to what the other attorneys have indicated, what may be the bigger issue is missing possible source(s) of insurance coverage. Since the husband was driving, any insured cars he owns may offer additional insurance coverage on top of wife's coverage on the involved auto. Further, he may have a business policy which could also provide additional insurance coverage. Finally, make sure your attorney has determined whether or not they have an umbrella policy, which would be associated with their home. Most umbrella policies cover excess damages arising from an auto accident and are sold in minimums of $1M. Even if the wife owns the home, the policy will likely cover all those who are "resident relatives" (i.e. relatives who live in the home with the wife).

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  • How much should I pursue with this case?

    About 3 months ago I had a motorcycle accident. I broke my pelvis and my humorus. After surgery I was in an arm cast due to the humorus fracture. I was hospitalized for a total of a month, but was transfered from Littleton to Porter after the firs...

    James’s Answer

    I would concur with the other responding attorneys concerning the medical negligence aspect of your situation. However, if the original motorcycle accident was the result of someone else's negligence, you may be better off pursuing the motorcycle accident claim against the at fault driver. The law considers that bad medical outcomes from accident related treatment does happen. Thus, you would be able to collect the full extent of your injuries, damages and losses from the original at fault party (for the motorcycle accident), assuming there was sufficient insurance coverage or other assets.

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  • Can my Med Pay insurer subrogate on a settlement with the at fault party's insurance company?

    I was in an auto accident earlier in the year and I used the Med Pay coverage from my insurer to handle my medical bills. All my bills have been paid; however, now the insurance company of the at fault driver has made a settlement offer. I have ...

    James’s Answer

    • Selected as best answer

    No. The medpay carrier cannot subrogate against your settlement with the at fault driver, or if applicable, any underinsured motorist coverage you may recover either. Colorado Revised Statute 10-1-135.

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  • I fell and injured my back in .2009. worked until May 2010. Since then I've had 3 major surgeries on my back.

    I used all my short & long term disibilites. I've lost all my health Insurance due to nonpayment .. I just found out that I was terminated .. But talked to the store and told him I will be seeing my surgen again .. He told me that I need to .......

    James’s Answer

    It sounds like you have 2, or potentially 3 isssues. First, if you believe fellow workers are being systematically terminated or laid off due to seniority, you should discuss this situation with an employment lawyer, specializing in wrongful termination. Second, if you were hurt on the job, I believe it is critical that you contact a qualified workers compensation lawyer. And finally, if your injury was caused in whole or in part by the negligence of a third party (somebody or some company OTHER THAN your employer) then you may have a third party liability case against the negligent third party. In that event, you need to contact a personal injury lawyer. My firm is available to discuss your situation if you would like. The first consultation is free.

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  • Should I get an attorney or handle this directly myself?

    I tripped and fell as the result of a sidewalk defect. I informed The City and they claimed they were going to cite the property owner. They also sent me information for filing a claim. I went to my doctor today, and an exray showed that my kne...

    James’s Answer

    Your injuries are serious enough that you should definitely consult a qualified injury attorney. Make sure the attorney has experience not only in personal injury cases, but slip and fall (premises liability) cases in particular. Our firm, like many others, provides a free, confidential consultation. You ought to take advantage of it.

    While it is often difficult to prove liability in slip and fall cases (i.e. that the owner and/or occupant of the premises was "at fault" for your fall), you may have a decent shot at liability since there was, apparently, some sort of city code or building code violation. This will make things much easier in terms of liability.

    So, contact a lawyer right away. We are available to discuss your case.

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  • I had a root canal but the file broke and the dentist sent me to a specialist should she be the one paying for the specialist?

    She said she would reinburse the money I payed her but I had to pay for the specialist,is this true??

    James’s Answer

    If breaking the file was the result of her acts or ommissions which were "below the standard of care" for dentists peforming that type of root canal, then she would be considered negligent and could be held liable for all your injuries, damages and losses, including the specialist's fees, pain and suffering, etc.

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