Personal Injury: Whether you are suffering in the case of an accident resulting in whiplash, long term medical conditions, or from an injury as result of a medical procedure or environmental incident, you can rest assured the attorneys of Elkus & Sisson, P.C. are here to get the results you deserve.

Personal Injury Attorneys

An injury sustained due to negligence can leave your life in a state of emotional, physical, financial and legal upheaval. You may be confused as to who is at fault and who should pay for your mounting medical bills and lost wages. You need to enlist the knowledge of an experienced professional injury lawyer in Denver, CO who is ready to guide you through the complex legal process of collecting compensation for your serious injuries.

Our Personal Injury Practice

At the law office of Elkus & Sisson, P.C., the injury attorneys in Denver, CO work with accident investigators, design engineers, safety consultants, medical experts and other professionals in exposing negligence on the part of manufacturers, doctors, drivers, property owners and nursing homes. We have the resources and knowledge needed to ensure that your case is investigated thoroughly and your rights are protected in a personal injury claim. Our Denver injury lawyers have considerable experience negotiating settlements with insurance companies and pursuing compensation for injured clients in the courtroom.

Personal Injury Law
Personal injuries sustained in an accident can leave you with mounting medical bills and in a state of worry and confususion. With Elkus & Sisson, P.C., you can be relieved of worries, as we provide the security and comfort in supporting your every legal action. With our experienced and accomplished team of attorneys you are in the best company for seeking a fair and just recovery.
PERSONAL INJURY INFORMATION
A personal injury can leave a person suffering from permanent disabilities for the rest of their life.  Personal injuries are any injuries that have serious, long-term effects on the victim.  If compensation is not received for personal injuries, the physical, emotional and financial strains can be devastating.  If you have been seriously injured because of someone else’s wrongdoing, call the injury and accident lawyers at the Denver, Colorado Law Firm of Elkus & Sisson, P.C. to ensure you receive enough compensation to cover future expenses. Serious, debilitating injuries create substantial costs for individuals and families struggling to pay for health care, rehabilitation, special educational needs, food and housing.  When the accident victim was the family’s primary wage-earner, financial difficulties may be even harder.  When the accident victim was a child, the financial impact on the family’s life will last a lifetime. A knowledgeable Denver personal injury attorney will aggressively pursue fair compensation for all current and future medical expenses that resulted from the accident.  A fair settlement should include compensation for emergency room expenses, the cost of surgical procedures, physical therapy and support for medical devices and prescription medications.  Support should also supplement the loss of earning potential.  It may also be possible to receive financial support for non-economic losses such as physical pain and mental anguish.
TYPES OF PERSONAL INJURIES
Types of personal injuries may include the following:
  • Traumatic brain injuries – brain injuries commonly result from motor vehicle accidents and result in thousands of deaths per year.  For those that survive a traumatic brain injury, most will develop long-term physical, cognitive, behavioral and social problems.
  • Spinal cord injuries – a spinal cord injury is typically caused by a sudden impact to the spine which dislocates or fractures the vertebrae.  Most spinal cord injuries are sustained in auto accidents, but can also result from falls or sporting accidents.  A spinal cord injury, such as quadriplegia or paraplegia, can render a victim immobile or unable to perform even the most basic tasks.
  • Back injuries – often the result of workplace injuries and accidents or motor vehicle crashes, back injuries most commonly develop in the lower back.  Common back injuries include strains, sprains, fractured vertebrae and herniated discs.  Back injuries can cause pain and limit the patient’s movement and are commonly treated with pain relievers, icing, physical therapy and surgical procedures.  You maybe intitled to works compensation if you suffered an injury at the workplace.
  • Other types of personal injuries – loss of limb, ruptured discs, head injuries, fractures, burn injuries and paralysis, and many more.
Litigation of injury claims involves complex medical evidence, complicated issues of causation, large damages and difficult damage calculations.  When you suffer a personal injury, there are numerous consequences, including requiring medical attention for several years or a lifetime.  In addition, you may be enduring a painful physical recovery.  We have an outstanding team of medical experts and insurance litigators to prepare and present the evidence in your case.
NEGLIGENCE, INJURIES AND ACCIDENTS
Our Denver, CO personal injury law firm is ready to offer a high level of service and commitment to your case. Our Denver injury attorneys have litigated hundreds of cases and handle a variety of personal injury matters, including:
  • Motor vehicle accidents such as car accidents, motorcycle accidents, truck accidents, pedestrian and bicycle accidents, and accidents involving underinsured and uninsured motorists
  • Wrongful death claims
  • Premises liability cases involving slip-and-fall accidents, explosions and fires
  • Product liability claims
  • Serious injuries such as spinal cord injuries, brain injuries, closed head injuries and back injuries
BRINGING A PERSONAL INJURY OR WRONGFUL DEATH LAWSUIT IN COLORADO
When someone else’s poor judgment, negligence or recklessness has caused you serious injury, or caused a loved one to be killed, you may have a case for court. If you’ve suffered a catastrophic injury and the financial losses that go along with such an injury, you can be compensated .
  • If you were injured in a motor vehicle accident (the most common cause of serious injury and death), you may be entitled to compensation from the other driver’s insurance company, or your own company if they were uninsured.
  • If you were injured from a fall on an unsafe property, you may be entitled to compensation from a homeowners or business liability insurance policy. If you were injured on government property, you may have a claim against the government.
  • If you were injured by poor medical treatment, you may be entitled to reimbursement from a medical malpractice insurance policy.
  • In some instances, you may be able to bring a civil claim against the person or people who caused your injury, personally.
Your ability to recover money for your injuries will likely depend upon your personal injury attorney’s ability to prove the extent of your injuries and the negligence of the person who caused them. That’s when thorough and careful investigation counts.

Accidents Involving Personal Injuries

Bus Accident

Bus accidents are often some of the most tragic automobile accidents there are.  They often involve children and/or large numbers of people depending on the they type of bus.

School buses are used in Colorado to transport thousands of kids everyday and while rare, there have been many cases of injuries and deaths related to Colorado school bus accidents.

Unfortunately, public transportation buses in Denver, the RTD, have also been the cause of many injuries and deaths.

TYPES OF BUS ACCIDENTS

Our attorneys have represented victims with injuries resulting from all types of bus accidents including the following:

Pedestrians hit by buses

Accidents caused by tire blowouts on buses

Collisions resulting from poorly maintained buses

Bus driver negligence

School bus accidents

Accidents caused by buses cutting off other vehicles

The cost of emergency room treatment coupled with physical therapy, surgery, and lost wages can be exorbitant.

When confronted with the damages, bus companies and their insurance companies are often not willing to pay these large sums.

If we cannot negotiate an equitable settlement, our lawyers do not hesitate to take the case to court to ask the jury for a reasonable award.

Construction Accident

Construction workers face one of the most dangerous working environments of any job. When an accident does occur it can always be traced back to a defining moment and cause.

An experienced attorney can successfully determine the time and cause of the accident. Often, site safety measures have not been properly maintained and the potential hazards of falling or other injury are present.

To avoid injury, all employers at the site must provide proper training, equipment, and use safety precautions to ensure their employees safety.

Fatal Car Accident

 

While no amount of money can ever replace what you have lost, our legal system allows for surviving estates to make a claim for financial recovery to hold negligent people accountable for their actions and provide needed compensation for damages such as:

Loss of services, protection, care and assistance

Loss of future income

Sorrow and mental anguish

Medical expenses

Funeral and burial expenses

Punitive damages

The death of a loved one in a car accident combines emotionally charged issues with legal complexities.

If negligence resulted in the loss of a loved one, you need legal representation that combines compassion toward you and your family with aggressive stances in holding the responsible party accountable.

While your focus should be on personal matters, legal representation is necessary as soon as possible.

Over time, evidence degrades that will prove negligent acts led to the death of your family member.

Witnesses become hard to locate and their recollections fade.

Motorcycle Accident

“I DIDN’T SEE HIM.”

That’s the most common explanation car and truck driver’s give after a motorcycle crash. Car and truck drivers just don’t think about or understand the different dynamics of riding a motorcycle. They swerve into a motorcyclists’ lane because they weren’t looking in their rear-view mirror. They make a left turn directly in front of the motorcycle rider, not understanding that it takes a motorcyclist extra time to stop. They roll into the motorcyclist when coming to a stoplight because they just aren’t paying attention.

Unfortunately, the auto driver’s bad judgment quickly results into the motorcyclist’s bad injury like a broken leg, broken ankle, life-changing spinal cord injury, serious head injury or even death.

PROVING LIABILITY IN A MOTORCYCLE ACCIDENT

Injured motorcyclists and grieving families face a difficult situation.

Not only must they live with the trauma of the accident, but they often face society’s prejudice against motorcycles. That prejudice can make it more difficult to win a case at trial.

Proving liability in a motorcycle accident case requires careful, thorough and experienced investigation. At Elkus, Sisson & Rosenstein, P.C., our attorneys work with a nationally known investigative group to ensure that we have gathered all the facts so we’re prepared to counter a jury’s preconceived ideas about motorcycles and motorcyclists.

Money can never compensate you fully for the pain of your injuries, or your grief over the wrongful death of a loved one. However, a successful personal injury lawsuit can give you much needed financial help to get you on the road to recovery.

Pedestrian & Bicycle Accident

If you’ve been injured in a pedestrian-car accident or a bicycle-car accident, it’s important to seek the help of a knowledgeable personal injury attorney as soon as possible.

Proving liability in your case will likely require thorough investigation, locating witnesses and gathering evidence — all activities that become more difficult as time passes.

You may be able to bring an injury claim even if you are partially responsible for the accident. Victims of pedestrian accidents and bike accidents are entitled to payment for their medical bills and rehabilitation costs, lost wages, pain and suffering, and household help if they cannot undertake daily tasks.

Bike accident and pedestrian accident victims usually bring their injury claim against the insurance of the driver and their own medical insurance company.

If the driver was uninsured or underinsured, you may be able to seek compensation under uninsured or underinsured motorist coverage in your own car insurance policy.

At Elkus & Sisson P.C., our attorneys investigate every avenue of financial recovery in pedestrian and bicycle accident cases.

Premises Liability

PROVING NEGLIGENCE IN A DENVER, CO PREMISES LIABILITY CASE

Property owners are legally responsible to ensure the safety of their property, particularly when the public will be using that property. When someone has suffered a serious injury in a store, a bar or restaurant, an office complex, or an apartment complex because of unsafe conditions, the property owner can be held financially liable if he or she was negligent. LIABILITY IN A DENVER, CO PREMISES LIABILITY LAWSUIT At Elkus & Sisson, P.C., our premises liability and slip and fall attorneys pride themselves on exhaustive preparation for each and every premises liability case they handle. Whether we’re heading to court or the negotiating table, we thoroughly investigate the causes of your accident and the extent of your injuries so we can prove your case. We work with skilled accident investigators and medical specialists to ensure that we have the facts.

Our attorneys help injured people across Colorado find financial and physical recovery by bringing personal injury lawsuits for a wide range of premises liability cases, including:

     
  • Slip-and-fall accidents on wet floors, icy sidewalks or unsecured rugs
  •  
  • Trip-and-fall accidents on uneven sidewalks, merchandise jutting into a store aisle, frayed carpeting, or maintenance or repair equipment left unattended and blocking a walkway
  •  
  • Falling merchandise such as a big-box in a store or at a mall
  •  
  • Faulty maintenance of elevators, escalators, broken handrails or improper lighting in stairwells
  •  
  • Security negligence in a supposedly secure office building or apartment complex leaving visitors and tenants susceptible to assault
Product Liability

WHEN THE PRODUCTS WE USE EVERY DAY CAUSE INJURY OR DEATH

Every day, in hundreds of ways, we place our trust in the manufacturers of the products that we use. These products are supposed to be tested for safety, and yet the number of serious accidents, injuries and deaths that result from defective products prove that this is not always the case.

Poorly designed cars, defective tires and faulty seatbelts lead to spinal cord injuries and other serious harm when occupants are thrown from vehicles in auto accidents and SUV rollovers.

Defective airbags cause serious brain injury.

Defective medical devices damage health and cause needless deaths.

Defective toys and children’s products injure and kill children.

Defective space heaters lead to fatal house fires.

These are just a few of the many tragic consequences that result from defective products.

PROVING LIABILITY FOR A DANGEROUS PRODUCT

In order to recover money for a person injured from the use of a dangerous product, the attorney must prove that the manufacturer was negligent. That negligence can be in the design or manufacture of the product, or in the instructions given to the public about how to use the product.

Read More in our Defective Drug Section
Train Accident
Traveling by train is reasonably safe compared to other forms of transportation; however there are thousands of train accidents that occur across the United States ever year that leaves many people seriously injured and some even dead. A train accident is defined by the Federal Railroad Administration as a collision derailment, or other types of events that involve the operation of on-track equipment. The most common reason for train accidents is negligence. Train accidents are usually caused by the negligence of railroad companies, individuals, employees, environmental dangers, mechanical faults, and the government. When a train accident is the result of negligence and it leaves individuals seriously injured or even dead, the victims and or the victim’s families of the train accident should seek compensation for their recovery or lose of loved one.
Uninsured and Uninsured Motorists

AGGRESSIVE PURSUIT OF COMPENSATION IN UNINSURED AND UNDERINSURED MOTORIST CASES

Were you injured in a car accident with an uninsured car or truck driver? Are you worried that your medical bills won’t get paid? The fact is that if you were injured by an uninsured motorist, it is usually your own insurance company that will pay your bills — if you pursue an uninsured motorist claim.

HOW DO I KNOW MY COMPANY WILL PAY?

Does your policy specify that you carry uninsured and underinsured motorist coverage? If so, you can make an uninsured motorist claim against your insurance company.

WHY SHOULD I HIRE AN ATTORNEY? WON’T MY INSURANCE COMPANY JUST PAY?

While that would seem to be the obvious course of action, insurance companies are often in the business of not paying on claims, even to their own insureds. Your own insurance company may be just as adversarial as the other person’s company.

WHAT IS THE DIFFERENCE BETWEEN UNINSURED AND UNDERINSURED COVERAGE?

In an uninsured motorist policy, your insurance company will be the only one paying on an uninsured motorist claim. You are eligible to receive an amount up to the maximum of your policy. Underinsured motorist coverage comes into play if the other driver had insurance, but it was not enough to cover the full cost of your injuries and losses. In that case, you can pursue compensation from your own insurance company for the additional money you need to cover your bills.

DENVER UNDERINSURED AND UNINSURED ACCIDENT CLAIM ATTORNEYS

Our personal injury attorneys can negotiate with your insurance company on your behalf. If we don’t get the results you need, we’re not afraid to take the case to court for a bad faith insurance claim.

Personal Injuries and Medical Conditions

An injury sustained due to negligence can leave your life in a state of emotional, physical, financial and legal upheaval. You may be confused as to who is at fault and who should pay for your mounting medical bills and lost wages. You need to enlist the knowledge of an experienced professional injury lawyer in Denver, CO who is ready to guide you through the complex legal process of collecting compensation for your serious injuries.

Working Together

At the law office of Elkus & Sisson, P.C., the injury attorneys in Denver, CO work with accident investigators, design engineers, safety consultants, medical experts and other professionals in exposing negligence on the part of manufacturers, doctors, drivers, property owners and nursing homes. We have the resources and knowledge needed to ensure that your case is investigated thoroughly and your rights are protected in a personal injury claim. Our Denver injury lawyers have considerable experience negotiating settlements with insurance companies and pursuing compensation for injured clients in the courtroom.

Helping You Recover
With injuries involving medical assistance, you can be left in a situation that is costly and painful. With Elkus & Sisson, P.C., you can be relieved of worries, as we provide the security and comfort in supporting your every legal action. With our experienced and accomplished team of attorneys you are in the best company for seeking a fair and just recovery.

Types of Personal Injuries Information

Birth Injury

The time just before and during childbirth is one of the most critical — and dangerous — periods in life.

So many things can go wrong. That’s why medical professionals receive highly specialized training to prepare them to detect and manage problems that can occur during this sensitive period.

Tragedies do happen, even with the best medical care available. But medical personnel should not contribute to tragedy through negligent acts or a failure to act on important information.

Some of the more common causes of birth injuries are:

  • Absence of team work and communication between members of the hospital staff
  • Deficiency of suitable orientation, preparation and training of the hospitals staff members
  • Lack of hospital staff experience and ability
  • Insufficient staff and unavailability of physicians
  • Inadequate fetal monitoring, can be due to lack of monitoring equipment in the hospital

DO YOU SUSPECT NEGLIGENCE CONTRIBUTED TO YOUR CHILD’S BIRTH INJURY?

It can be difficult to discern if your child’s injuries were caused by a medical condition, a difficult birth, negligence or other medical error. Your new baby’s needs — especially if your child has a serious birth injury — may take all of your time. We encourage you to talk to a skilled lawyer if you have any suspicions concerning your child’s birth injuries.

If we suspect you do have a claim, we will carefully and thoroughly review the medical information. We will consult medical experts to gain a clear understanding of proper, standard medical treatment for the situation you faced, and we’ll aggressively present your case in court, if necessary. We have helped families bring birth injury claims for:

  • Cerebral palsy when medical personnel did not act promptly when the baby’s oxygen supply was disturbed during birth
  • Shoulder dystocia
  • Failure to treat pregnancy complications
  • Failure to remove the child correctly, causing brachial plexus injury or shoulder dystocia
  • Failure to respond to a fetal monitor when it showed fetal distress, leading to oxygen deprivation and brain damage
  • Failure to promptly deliver a child when mother or child were in distress
Brain Injury

Head injuries can be deceptive. While a person may appear to have walked away from a without a scratch, they may, in fact, have sustained a life-changing traumatic brain injury. The injured person may not even be aware of it themselves.

We represent people who have suffered traumatic brain injuries or head injuries and the families who care for them.

The road to physical recovery can be difficult. Our job, as your lawyers, is to help you find your way to financial recovery as well.

Child Injury

 

The injury or death of a child is among the most devastating tragedies a family can endure and yet more than 9,000 children died from injuries in the United States in 2009.

Injuries can be complicated by the age of a child and long-term prognosis is often impacted by a child’s natural development. If your child has been injured, it is important to seek qualified medical treatment and discuss your rights with an experienced attorney.

Car crashes, suffocation, drowning, poisoning, fires, and falls are some of the most common ways children are hurt or killed. The number of children dying from injury dropped nearly 30% over the last decade. However, injury is still the number 1 cause of death among children.

Some of the more common ways that children suffer injuries and even sometimes death are:

Automobile accidents

Drowning

Suffocation

Fires

Accidental poising

Falls

Assault

Bicycle accidents

Injuries can be complicated by the age of a child and long-term prognosis is often impacted by a child’s natural development.

TYPES OF CHILD INJURIES

Due to their physical and mental immaturity, children are particularly susceptible to injuries arising from accidents and abuse.

Each year millions of young people are injured in the United States due to careless supervision, unsafe environments, and defective toys and products.

Child injuries are extremely fragile and the well being and prognosis of the child must be considered as well as future medical bills and related costs associated with an accident.

A child may require financial support, psychological counseling, and physical rehabilitation long after the trauma from an accident or abuse has subsided.

Some types of child injuries that are fairly common include:

  • Burns
  • Brain injuries occurring from slip and falls or striking the head
  • Choking on defective products
  • Injuries sustained in auto accidents
Dangerous Drugs and Defective Medical Products

Dangerous Drugs and Defective Medical Products

(More Information)


In many instances, billion-dollar pharmaceutical companies place their drugs and medical products on the market despite the serious health risks involved to the consumer.

These companies often rush their products to market without adequate testing, or even worse, with the knowledge that serious debilitating injuries may occur to patients.

The innocent patient, unaware of the dangers and risks involved, may experience lifelong illnesses, severe permanent injuries, continual pain, organ damage, heart impairment, stroke or even death. When a pharmaceutical company places the public at risk like this, they must be held accountable for their negligent, dangerous conduct.

The following medical products have been prescribed to countless patients, often resulting in dangerous side-effects, injuries and even death. If you were harmed or injured by these medical products, you may be eligible for compensation for your injuries, medical expenses, pain and suffering, loss of income and more:

Actos

Crestor

Wellbutrin

Transvaginal Pelvic Mesh

GranuFlo

Benicar

Anti-Depressants causing birth defects (Celexa, Lexapro, Paxil, Zoloft, & Wellbutrin)

DePuy Hip Replacements

Granuflo/NaturLyte (Dialysis Products)

Laproscopic Power Morcellator

Risperdal

Stryker® Rejuvenate Hip Implant

Xarelto

Medical Malpractice

Medical malpractice includes errors of action as well as inaction by any medical professional, including doctors, nurses, pharmacists, anesthesiologists, hospital administrators, nurse’s aides, nursing home personnel, hospitals and clinics.

If you or a loved one has suffered an injury as a result of medical malpractice, contact an experienced medical malpractice lawyer for a free legal consultation.  Medical malpractice cases include:

  • Misdiagnoses and failure to diagnose
  • Failure to treat or failure to provide prompt treatment
  • Failure to order necessary and reasonable tests and misinterpretation of tests
  • Medication errors, anesthesiology errors, surgical errors and emergency room errors
  • Birth injuries
  • Nursing home neglect and abuse

DO YOU SUSPECT YOU HAVE BEEN HARMED THROUGH MEDICAL MALPRACTICE?

It can be very difficult to detect if a medical error occurred, particularly with critically ill patients. Few of us understand enough about medicine to know when standard procedures were not followed, when a doctor should have done more, or when a health care professional was negligent. We must place our trust in medical professionals — and we must hold them accountable.

Nursing Home Negligence

Legal Help if Your Loved One Has Been Injured in a Nursing Home


Nursing homes and long-term care facilities are entrusted with the care of the most vulnerable people in our community — the elderly and disabled.

The standard of care they require is of the highest degree. That’s why family members pay considerable sums of money: to ensure their elders’ health and safety.

It is important that you contact an experienced and successful Denver nursing home negligence attorney if you have an elder loved one who has been the victim of nursing home negligence in Colorado.

A nursing home negligence or nursing malpractice lawsuit may be the only way to effect change, as well as gain the financial compensation your loved one may need to recover his or her health and move to a better facility.

Do You Suspect Nursing Home Negligence?

While frail elderly people are more prone to accidents and injuries, there are some types of injuries that occur more often from negligent care or abuse:

Slip-and-fall accidents can result from lack of supervision, causing broken hips, broken arms and broken wrists

Malnutrition is the result of negligence in supervising and feeding patients

Falling from a bed, broken bones or even suffocation can result from the improper use of restraints

Bedsores result from failure to turn a patient regularly or change a diaper, which can lead to death from sepsis, a serious infection

You have every right to expect responsible, professional nursing home treatment. Your loved one has every right to live his or her final days with dignity. When a nursing home is not able to deliver a reasonable standard of care, a nursing home negligence or wrongful death lawsuit may be the only option to get a change in management and staffing, or even the closure of a bad nursing home.  A experienced attorney can successfully file a wrongful death or negligence claim.

Spinal Cord Injury

A spinal cord injury is one of the most devastating, life-changing injuries a person can suffer.

Unlike a brain injury, a back or spinal cord injury is apparent immediately. In the most severe cases, it results in total or partial paralysis. But even in less severe cases, a back injury can leave you with chronic pain, vulnerable to further back injury in the future. If you or a loved one have suffered a spinal cord injury as a result of the negligent actions of someone else, contact a Denver spinal cord injury attorney for a free legal consultation.

BRINGING A SPINAL CORD INJURY LAWSUIT

However your injury occurred, the Denver spinal cord injury attorneys at Elkus & Sisson P.C., work with accident investigators, medical specialists and rehabilitation experts to understand the cause of your accident and the impact your injuries will have on your life moving forward. Your expenses will be ongoing, so thorough documentation is essential to ensure that you receive the maximum financial compensation. You can count on our Denver spinal cord injury lawyers to aggressively pursue full compensation for you in court or through negotiation.

Workers Compensation

The Colorado Workers’ Compensation system is complex and the attorneys at Elkus & Sisson P.C. understand your concerns. Our attorneys are dedicated to aggressively representing you and your family in navigating the complexities of the Colorado’s Workers’ Compensation Act and securing the maximum amount of financial recovery including: obtaining necessary medical benefits, receiving appropriate payment for the time you are out of work, payment of medical costs, returning to work, and receiving the final financial permanent disability award.

WHEN AN INJURY OCCURS:

The Colorado Worker’s Compensation Act is designed to “no-fault.” Generally, whether or not you caused the accident or were at fault you will entitled to benefits. An injured worker can file for a Workers’ Compensation claim within two years after the date of the injury. After the claim is filed with the Colorado Division of Workers Compensation, the employer must admit or deny responsibility for the claim in writing. If a claim is denied you will receive a notice of contest after which time you may be entitled to an expedited hearing.  If you receive an admission, the document will contain important claim information including the calculation of your average weekly wage. The accuracy of the admission is critical to determine subsequent medical and wage loss benefits you are entitled to.

SUMMARY OF BENEFITS TO INJURED WORKERS:

  • Medical Treatment: When you are hurt on the job, the employer has the right to select a physician who treats you. The selection of the physician is extremely important to assure you are getting the best medical care possible. Your employer is required to provide medical care that is reasonable, necessary, and related to your workplace injury. You cannot be charged for this care. Medical care will be provided until you reach Maximum Medical Improvement (MMI). Medical maintenance care is available after your reach MMI if it is necessary to maintain your medical condition.
  • Wage losses: If you miss more than three days from work you should be entitled to wage loss benefits. When you are totally unable to earn wages, your employer must provide Temporary Total Disability benefits (TTD). Generally, this amount will be 2/3 of your average weekly wage. If you are able to return to work on modified duty with reduced hours or wages you are entitled to Temporary Partial Disability (TPD). Temporary benefits will end when you are released to work, reach maximum medical improvement, or you fail to attend the compelled medical appointment.
  • Authorized Treating Physician: You may see a doctor of your choosing if the employer fails to provide a list within a specific time from the date of your injury. Additionally, you have a right to change doctors, however, strict deadlines apply.
  • Permanent Partial Disability (PPD): Permanent Partial Disability is permanent loss of function to a body part/system. If you do not fully recover from your injury, your doctor will determine the amount of permanent impairment and award a percentage. The percentage will correlate with your financial award. Two types of impairment exist:

    Scheduled Impairment: Means loss of function affecting the toes, feet, legs, fingers, hands, arms, eyes, vision or hearing, compensated based on a schedule of values related to each body part.
    Whole Person Impairment: Means loss of function affecting body parts not listed on the schedule above, such as the spine, lungs, and mental function, compensated based on factors of impairment rating assigned by the doctor, age factors, a fixed factor of 400 weeks, and temporary total disability rate.

  • Permanent Total Disability (PTD): Permanent total disability means you are unable to earn any wages. Benefits for PTD are based on 2/3 the average weekly wage in effect at the time of the injury or illness and are paid for the lifetime of the injured worker.
  • Mileage: You are entitled to be reimbursed mileage expenses for travel to and from authorized medical visits and to the pharmacy. You will need to itemize your travel mileage and request reimbursement in writing from the employer.
  • Pharmacy: You are also entitled to prescriptions ordered by your doctor. Our attorneys can help remove the nuisance of dealing directly with the insurance carrier and coordinating mail order delivery of your medications to your doorstep.
  • Disfigurement: Disfigurement benefits are available if your injury resulted in permanent scarring, discoloration, extensive facial or body scars, burn scars, or stumps resulting from the loss of limbs.

DEADLINES: After being hurt at work numerous deadlines apply to both you and your employer. Missing deadlines can result in claim delays, benefit reductions, a summary of important claims deadlines applicable to your case are include:

Days Responsible party Action
Immediately Employer Report fatal injuries
4 Worker Report injury in writing
7 Employer Provide the injured worker with a written list of four designated providers
10 Employer Report injury to insurance carrier
20 Insurer File admission or denial of liability
45 Worker File application for expedited hearing if claim is denied
90 Worker Request change of physician

Navigating the workers’ compensation claims can be complex and frustrating. You will need to be focused on your medical care and recovery.  If you have been injured in a workplace accident, consult with the experienced attorneys at Elkus & Sisson, P.C. We are dedicated to resolving your workers’ compensation claim as favorable and efficiently as possible and we have the extensive experience, skills, and resources to help you recover after sustaining an on-the-job injury.

DENVER DANGEROUS DRUGS AND DEFECTIVE MEDICAL PRODUCTS ATTORNEY

In many instances, billion-dollar pharmaceutical companies place their drugs and medical products on the market despite the serious health risks involved to the consumer. These companies often rush their products to market without adequate testing, or even worse, with the knowledge that serious debilitating injuries may occur to patients. The innocent patient, unaware of the dangers and risks involved, may experience lifelong illnesses, severe permanent injuries, continual pain, organ damage, heart impairment, stroke or even death. When a pharmaceutical company places the public at risk like this, they must be held accountable for their negligent, dangerous conduct. The Denver Dangerous drug and defective medical product lawyers at Elkus & Sisson, P.C., represent injured clients and the families of deceased victims harmed by drugs and medical products.

WERE YOU HARMED BY THESE MEDICAL PRODUCTS?

Recently there has been a sudden increase of litigation and significantly large class action lawsuits concerning defective pharmaceutical products and medical devices. Even with a huge amount of money being dispensed into the United States health care industry, an increasingly long approval process being enforced by the Food and Drug Administration, our population is constantly being confronted with defective medical products and dangerous drugs in our hospitals and pharmacies.

Protection From Pharmaceutical Negligence
Physiomesh:
Ethicon, a subsidiarary of Johnson & Johnson, has recalled its Physiomesh flexible composite mesh.


Transvaginal Pelvic Mesh: The product design and implantation technique contributed to serious complications, such as erosion and organ perforation.


Xarelto:
The makers of Xarelto (rivaroxaban) failed to mention the unrelated and uncontrollable bleeding many users have experienced.

Our focus in Medical Negligence Lawsuits

The following medical products have been prescribed to countless patients, often resulting in dangerous side-effects, injuries and even death. If you were harmed or injured by these medical products, you may be eligible for compensation for your injuries, medical expenses, pain and suffering, loss of income and more:
• Transvaginal Pelvic Mesh
• Xarelto
• Physiomesh Hernia Mesh

Physiomesh Hernia Mesh

Physiomesh Lawsuit


Attention. If you have had a hernia surgery and suffered from serious side effects such as infection, chronic pain, organ damage, mesh shrinkage, or mesh migration you could be eligible for financial compensation. Ethicon, a subsidiarary of Johnson & Johnson, has recalled its Physiomesh flexible composite mesh. Again, if you have had complications from your hernia surgery you could be eligible for financial compensation. We can find out what type of devices were used in your surgery. More than 330,000 Physiomesh devices have been sold worldwide, and the plaintiffs believe about 50% of those products were sold in the United States. It is expected that hundreds of additional cases will be filed in the near future. The lawsuits charge that the devices implanted in their bodies were defectively designed or manufactured, and that the defendants failed to provide appropriate warnings and instructions regarding the dangers posed by these devices. The plaintiffs suffered serious and often permanent physical injuries from the implantation of the Physiomesh, often requiring additional surgeries, additional medical expenses, and unresolved medical complications. Where applicable, these implant plaintiffs’ spouses have alleged claims for loss of consortium.

Possible Complications From Physiomesh Hernia Mesh:

  • Chronic or Intermittent Pain
  • Need for Surgical Revision
  • Infection
  • Resulting Damage to Nearby Organs
  • Mesh shrinkage
  • Hernia recurrence
  • Tissue Adhesion
  • Intestinal blockage
  • Mesh migration or movement
Transvaginal Pelvic Mesh

Transvaginal Mesh


Transvaginal mesh is a net-like implant used to treat pelvic organ prolapse and stress urinary incontinence in women. The product design and implantation technique contributed to serious complications, such as erosion and organ perforation. The FDA classifies transvaginal mesh as a high-risk device, but some surgeons continue to use it. *Please seek the advice of a medical professional before discontinuing the use of this medical device.

Side Effects, Complications and Revision Surgery

Transvaginal mesh operations usually result in minor pain or discomfort for a few days after the operation. Bleeding may occur for a few hours after surgery, but most women leave the hospital on the same day as the procedure. Patients usually resume everyday activities, including sexual intercourse, within one to three months of the operation. Although transvaginal mesh surgery is simpler and less invasive than more traditional treatments for POP and SUI, it also carries a higher complication rate. In 2011, the FDA reported that it had received 4,000 reports of complications related to transvaginal mesh during the previous six years. Serious Complications Caused by Transvaginal Mesh Although transvaginal mesh surgery is simpler and less invasive than more traditional treatments for POP and SUI, it also carries a higher complication rate. In 2011, the FDA reported that it had received 4,000 reports of complications related to transvaginal mesh during the previous six years.

COMPLICATIONS FROM TRANSVAGINAL MESH INCLUDE:

Bleeding Pain Nerve damage Vaginal scarring Infection Vaginal shrinkage (via scar tissue) Painful sexual intercourse Neuro-muscular problems Mesh erosion Organ perforation Researchers have tried to determine how often transvaginal mesh implants cause serious complications, but studies have produced differing results. Complication rates range from 7 percent to 21 percent.
Xarelto

XARELTO LAWSUIT LAWYERS


How to Take Action Against Xarelto

For those at risk of stroke and blood clots related to atrial fibrillation, the introduction of Xarelto (rivaroxaban) in 2011 was welcome news. Backed by pharmaceutical giants Janssen (a subsidiary of Johnson & Johnson) and Bayer, the prescription blood thinner was touted as a groundbreaking drug with limited side effects. However, public opinion has quickly changed after dangerous side effects have been widely reported in recent months.

About Xarelto

According to Xarelto, the drug is intended to lower the user’s chances of having a stroke by preventing blood clots from forming. It’s specifically marketed towards sufferers of atrial fibrillation, but has also been prescribed to individuals with deep vein thrombosis, pulmonary embolism, and patients having hip or knee replacement surgeries.
While the drug warnings do state that users may have a higher risk of bleeding if using Xarelto in conjunction with medicines like aspirin, NSAIDs, warfarin sodium, medicines with heparin, and other similar drugs, it fails to mention the unrelated and uncontrollable bleeding many users have experienced.

Negative Effects of Xarelto

With at least 72 deaths and nearly 1,000 cases of adverse effects reported during the first eight months of 2013, it’s become apparent that Xarelto isn’t the effective drug it’s supposed to be. Even more frightening is the fact that nearly 1 million Xarelto prescriptions are written each quarter. Over the next few months, many of the claims filed against the manufacturers of the drug are expected to come together. In the opinion of legal professionals, Xarelto will follow the trend set by Pradaxa over the last couple of years. Pradaxa, approved in 2010, was the most popular blood thinner on the market until Xarelto overtook it. After more than 2,400 cases of uncontrollable bleeding were reported and consolidated into Multi-District Litigation 2385, Boehringer Ingelheim – Pradaxa’s manufacturer – set aside $650 million to settle state and federal lawsuits. Given that Xarelto prescriptions surpass Pradaxa by a 2-to-1 margin and have seen a 240 percent increase over the past 12 months, it’s only logical to assume there will be a much larger settlement sum set aside by Bayer and Janssen Pharmaceuticals. According to a June 2014 Reuters report, uncontrollable bleeding is the most serious side effect, followed by symptoms of bruising, dizziness, edema, eye hemorrhaging, headaches, gastrointestinal bleeding, irregular heartbeat, liver failure, muscle pain, low blood pressure, nose bleeds, vomiting, and rectal bleeding. While the symptoms are bad enough, many of the lawsuits claim the defendant failed to develop a proper antidote for irregular bleeding.

Who Can File a Lawsuit?

While other related side effects are considered, the majority of lawsuits are filed by plaintiffs who suffered serious and uncontrollable bleeding in the brain, intestines, or stomach. In situations where a user has died as a result of bleeding related to Xarelto, family members may be able to file a lawsuit. Each state’s statute of limitations laws differ, so it’s important to discuss your individual situation with a local attorney before proceeding.

Why File a Lawsuit?

Many people are hesitant to get involved in legal matters or file lawsuits. However, if you or a loved one has been negatively affected by Xarelto, it’s time to take a stand. Not only is this drug harmful to your body, but it causes undue financial and emotional hardship, distress, and anxiety. It’s time to hold Bayer and Janssen Pharmaceuticals accountable for this harmful drug.

Elkus & Sisson, P.C.

If you have suffered at the hands of the prescription drug Xarelto, it’s time to take action. For more information on how you could qualify for a financial settlement, please contact Elkus & Sisson, P.C. today. We would be happy to discuss your options.

Dedicated to Justice

FREE CONSULTATION WITH DANGEROUS DRUG & DEFECTIVE MEDICAL PRODUCT LAWYERS IN DENVER

The Denver Law Firm of Elkus & Sisson, P.C. is a plaintiff’s rights law firm with Denver personal injury attorneys committed to helping their clients receive the compensation they deserve for the pain and suffering, injuries, disabilities, medical expenses, lost income and more that result from unsafe drugs and defective medical products. They are a compassionate, caring group of dedicated attorneys who truly understand the suffering that clients and their families experience as a result of greedy pharmaceutical corporations who are often accused of ignoring the risks and dangers of their defective products in order to create vast financial profits. Elkus & Sisson, P.C. believe that these pharmaceutical companies must be held accountable for their negligent conduct by aggressively pursuing compensation for their harmed clients. If a loved one lost their life, a wrongful death lawsuit will seek compensation for the surviving heirs. A complimentary consultation can be scheduled by contacting Elkus & Sisson, P.C. at 303-567-7981 or 303-567-7982.

Donald Sisson

Lead Counsel

Reid Elkus

Lead Counsel

Steve Mandelaris

Litigation and Appeals Attorney

Zachary Wagner

Complex Civil Litigation Attorney

Michael L Cheroutes Jr.

Family Law Attorney

Lucas Lorenz

Attorney

Professionals of Elkus & Sisson, PC

Mr. Elkus’ representation of his clients range from individual and small businesses to very large corporations in several areas of the law. Having litigated a vast array of cases in matters including: complex security cases; breach of contract; breach of partnership matters; constructions defect, personal injury and criminal matters, Mr. Elkus provides confidence in every … Continue reading "Personal Injury"
Donald Sisson is an accomplished lead counsel with many successful outcomes in various areas of practice including Complex Civil Litigation, Construction Law, Real Estate Litigation, Corporate Disputes, and Police Defense. Bringing confidence and poise to every case, Mr Sisson has provided numerous clients winning litigation practices. For the last several years, Mr. Sisson has represented … Continue reading "Personal Injury"