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Marco Bendinelli and Unprecedented Personal Injury Results

By | Automobile Accident, Denver Personal Injury Attorney, Firm News & Holiday Topics, Uncategorized
Marco Bendinelli

Marco F. Bendinelli, Esq.

Marco F. Bendinelli has accomplished what no other Personal Injury Attorney has ever done in the state of Colorado.

He obtained two jury verdicts in excess of $1 million each in less than a month*

$2.1 Million Jury Verdict: Scholle v. Delta Airlines

On March 25, 2016, in Denver District Court, Mr. Bendinelli and his team won a landmark jury verdict. This 67-year old client was hurt on the job while working at DIA, involving a Delta-owned motorized baggage transportation vehicle. The defendant disputed the extent of our client’s injuries as well as on-going need for future medical treatment. The final offer before trial of $85,000 was rejected by Mr. Bendinelli and his client. Mr. Bendinelli tried this case to a jury resulting in a judgement of $2.1 Million.

FINAL OFFER BEFORE TRIAL: $85,000
JURY VERDICT/FINAL JUDGEMENT: $2.1 Million

$1.4 Million Jury Verdict: Claycomb v. Fox

Just two weeks later, in Adams County District Court, Mr. Bendinelli tried another case before a jury. Here, his client suffered injuries from a car accident. The defendant hired a doctor to testify that our client was not that badly injured. They initially offered $70,000, then $250,000 on the Friday before trial. After a long trial, the jury returned a verdict which resulted in a $1.4 Million judgement.

FINAL OFFER BEFORE TRIAL: $70,000 initially/$250,000 Friday before trial
JURY VERDICT/FINAL JUDGEMENT: $1.4 Million

Mr. Bendinelli was again invited to be a featured speaker by the Colorado Trial Lawyers Association.

*Researched by the Jury Verdict Reporter of Colorado. (Historical data available to 1984)

The Bendinelli Law Firm’s Satisfied Client Reviews Are Real!

By | Automobile Accident, Denver Personal Injury Attorney, Uncategorized

Do you ever wonder if those positive client reviews that you see on some Denver personal injury law firms’ websites are really written by actual clients?

Well, here’s Meloni, an actual Bendinelli Law Firm client who shared her experience in her own words, in her own handwriting. It doesn’t get any more real than that!

“I attempted to deal with Geico on my own after their client rear-ended my car. They called me a liar and insisted that there was no way I could have been injured, which I was. Julian took over and got me a settlement that surprised me in how much more it was than I had expected.”  – Meloni

If you’ve been injured and need to talk to a Denver personal injury lawyer, don’t wait contact us now! We’re here to help!

The Pain of Wrongful Death Cases

By | Automobile Accident, Distracted Driving, Drunk or Impaired Driving, Hit-and-Run Crashes, Uncategorized, Wrongful Death
sorrow

The Pain of Wrongful Death

It’s like a punch in the gut when an unexpected tragedy strikes, and a loved one dies. Not only are you dealing with unbearable grief, you may be wondering if your loved one died as a result of a wrongful death due to someone’s negligence or neglect.

 

In Colorado, wrongful death claims are civil lawsuits that attempt to establish the liability of a person or company resulting in the untimely and wrongful death of a loved one. To receive compensation, the family must show that the death was caused by the negligence, recklessness, or intentional behavior of another person or entity. Some examples of wrongful death claims are: car accidents, slip and fall accidents, medical malpractice, or death caused by defective or recalled parts.

In Colorado, families can sue for both monetary damages. This compensation would cover losses of the estate, and punitive damages. This  would help families during their time of need, and in some cases, punish negligent parties that caused the death of a loved one. Monetary damages cover things like lost wages and other assets the deceased would have likely earned. It also can cover a benefit loss (such as health insurance) as a result of the death. Families are also able to seek damages for loss of love, companionship, comfort, care, and assistance lost because of the death. The amount of monetary damages is assessed by a jury or judge and will be determined by the facts of the wrongful death case.

Families may also seek to recover losses to the estate, such as medical, hospital, or emergency care expenses, as well as funeral and burial costs. These bills can quickly add up after the death of a loved one. The Bendinelli Law Firm will ensure that the negligent party will be held responsible and can help families through this difficult time.

In addition to monetary and estate damages, there are punitive damages. Punitive damages are meant to punish the wrongdoer to deter them, and others from acting in negligent or reckless ways. Though this cannot bring back a loved one, it can feel like justice has been served for the suffering families.

The laws surrounding wrongful death cases very by state to state. In Colorado, wrongful death lawsuits can be filed only by the surviving spouse in the first year, and then by the surviving children the following year. If the deceased has no surviving spouse or children the parents can then file a wrongful death claim. All wrongful death lawsuits in Colorado must be filed within two years of the death.

It is important to speak with an attorney if you believe a loved one has died because of the negligence of another person or company. If you believe your family has been the victim of wrongful death, contact the Bendinelli Law Firm today to speak to an experienced wrongful death attorney.

These Ridiculous Lawsuits Give Lawyers a Bad Name

By | Uncategorized

2016 was full of all kinds of strange stories, but perhaps none stranger than the most absurd lawsuits of 2016.

Behind all of these ridiculous lawsuits, there is usually a ridiculous lawyer that agreed to take the case. Just remember thoughnot all attorneys base their practices on taking frivolous cases.  Personal Injury cases are serious and should not be taken lightly! So have fun with these absurd cases!

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Government Overzealously Sues Business Owner:

Howard Root, CEO of Vascular Solutions, was sued by the government for selling the Varilase Short Kit, a FDA approved device to treat varicose veins. It took $25 million dollars for Mr. Root to fight the U.S. Department of Justice’s criminal charges that he had illegally marketed the Varilase Short Kit. Root denies that he was selling the kit illegally and he had all of the needed FDA permissions to have it on the market. It took more than 100 lawyers in 14 different law firms to get an acquittal from a Texas jury.

The SAT Five Minute Debacle:

A typo on a section of the SAT left students with a possible extra five minutes to finish. While some SAT proctors allowed students the extra five minutes allotted in the instructions, some did not, which caused confusion some students and parents. To maintain fairness, the College Board decided not to score that section of the test since those skills were tested in other sections. The score students received on the SAT remained valid since the section was not scored. A mother and son are suing the Education Testing Service and the College board, claiming they never would have sat for the test if they had known scoring would not be consistent. There has not yet been a ruling.

A Balloon Full of Hot Air:

Randall Krause sued the University of Nebraska for releasing balloons after the Cornhuskers made the first touchdown of the game, a tradition for more than 50 years. Mr. Krause was suing the school over the fact that balloons are harmful to the environment and animals, the school was already using biodegradable latex and cotton strings to be environmentally friendly. A federal judge dismissed the case in July 2016.

A Case of the $40 Craig’s List Printer:

In 2009 Doug Costello sold a black-and-white printer for $40 plus shipping to Gersh Zavodnik. Mr. Zavodnik sued Mr. Costello the first time claiming the printer was malfunctioning and missing parts. When that suit was tossed, he filed again and “requested damages for breach of contract, fraud, conversion, deceptive advertising and emotional destress.” After six years of legal proceedings, a judge entered a $30,000 judgement in Mr. Zavodnik’s favor for breach of contract, which was reversed in march. The appeals court is deciding if the case should be dismissed.

It’s for the Animals:

When a monkey takes a selfie it’s all downhill from there. David Slater’s camera was taken by a 6-year-old crested macaque named Naruto, who took a selfie. Mr. Slater claimed copyright of the photo and had it published in Wildlife Personalities. PETA enters the picture, filing a lawsuit in San Francisco, claiming that Naruto holds the copyright of the picture and should be paid all of the royalties. A judge threw out the suit on the bases that only humans can hold copyright. PETA is back at it claiming that it is a “high crime” that these rights aren’t extended to animals. Should the judge agree, PETA will take over the financial responsibility of Naruto’s money.

It’s About What’s Left in the Tube:

The Ninth Circuit Court of Appeals has put a stop to a class action lawsuit against Fresh Inc. over lip balm left in the bottom of the tube. The plaintiffs’ lawyers claim that the company is deceiving customers into thinking there is still useable product in the tube when the twist up mechanism prevents it from being utilized. The suit claimed that Fresh was in violation of California’s Fair Packaging and Labeling Act, specifically they were trying to follow the growing trend of “slack fill” litigation. The empty space in packaging is known as slack fill, such as extra room in a bag of chips that is filled with air to keep the chips from being crushed. This case was thrown out because the lip balm left in the bottom of the tube is slack fill and the product label accurately stated how much product a consumer could use.

There’s Not Enough Coffee in My Coffee:

Starbucks is facing two possible lawsuits over their coffee. In one suit, plaintiffs are claiming that Starbucks is underfilling their lattes by a quarter inch to save money while short changing the customer. The other lawsuit claims that iced drinks are mostly ice. The suit claims that drink sizes on its cold menu are the size of the cup rather than the amount of liquid you get in the drink.  So, in a venti sized drink, which is advertised at 24 ounces, only 14 ounces is liquid and the rest is filled with ice. The ice lawsuit has since been dismissed, while no ruling has been made on the underfilled lattes.

While these lawsuits are funny and ridiculous, getting injured through no fault of your own, is no laughing matter. If you’ve been injured in a car accident call the personal injury attorneys at the Bendinelli Law Firm. We can help you get the compensation you deserve.

It’s Not Too Late for Your New Year’s Resolutions!

By | Automobile Accident, Distracted Driving, Drunk or Impaired Driving, Motor Vehicle Safety, Pedestrian Accidents, Uncategorized

Let’s admit itwe all do it! WNew Years Resolutionse make New Year’s Resolutions that we don’t or can’t keep. In fact, only 8% of people who make New Year’s resolutions actually keep them. At the Bendinelli Law Firm, let us help you with some easy resolution ideas to help keep you safe on Colorado roadways in 2017.

 

Never drink and drive

In 2016, there were 495 deaths or injuries attributed to drunk driving in Colorado. You can keep yourself and others on the road safe by always designating a sober driver when going out drinking, or use ride share services like Lyft or Uber. Public transportation is also a good option if it is available in your area. Better yet, this year make it part of your resolutions to be the designated driver. Your friends will thank you for it!

Do not use your cell phone while driving

There are so many ways that we can be distracted while driving, but using your cellphone has the highest rate of distraction. In 2014, 3,179 people were killed and 431,000 injured nationally due to distracted driving. This year resolve to only use your cell phone when you are safely off the road. At the very least, resolve to use a hands-free device.

Buckle up

Buckling up every time you get in the car will help protect you should you get into a crash. Seat belts have been showing to reduce serious crash related injuries by nearly half and saved 12,802 lives nationally in 2014. If you don’t already wear your seatbelt, this can be one of the easiest New Year’s Resolutions you ever make!

Respect Bicyclists on the road

With 70% of bicycle fatalities happening in urban areas and the number of people in Colorado that bike to work and for recreation, it only makes sense that this be part of your New Year’s resolution.  As part of Colorado law, bicyclists are considered drivers on the road and have a right to safety, just as the drivers of motor vehicles.

Keep your tires in good condition

In Colorado we can experience any number of road conditions throughout the year (even snow in the mountains in July!). Keeping your tires in good condition means you will be able to stop faster and will have more traction when nasty weather comes through Denver. Making sure that your tires have at least 1/8 inch of tread or having chains that will help you through heavy snow storms on your next trip to the mountains.

Watch for pedestrians

In 2014, 4,884 people were killed in pedestrian/motor vehicle crashes and 65,000 reported pedestrian injuries nationally. Pedestrian accidents are something we can avoid by driving more slowly through school zones and making sure there is no one using the crosswalk before we make a turn.  Pedestrians can help protect themselves by wearing reflective clothing at night and carrying a flash light.

If you’ve been injured through no fault of your own, call the Bendinelli Law Firm to speak with an experienced personal injury layer for a free and confidential consultation. Don’t wait – call us now at 1-800-ATTORNEY.

Curb Your Anger on the Road and Prevent Road Rage

By | Automobile Accident, Distracted Driving, Drunk or Impaired Driving, Hit-and-Run Crashes, Uncategorized

Road Rage DriverAs we take to the roads for our daily commute to work or school, it is likely that we’ve seen people driving in anger, honking their horn, or any number of aggressive actions that can quickly escalate into road rage.

According to DMV.org, road rage is, “…aggressive or violent behavior stemming from a driver’s uncontrolled anger at the actions of another motorist.” Simple actions such as not using your blinker, speeding, honking, or tailgating can quickly escalate into a more violent and severe road rage car accident.

In Colorado, road rage and aggressive driving incidences have been on the rise. In the first two months of 2016, the Colorado State Patrol received 7,594 calls reporting aggressive drivers, a 22% increase from 2015 during the same period.

Reportings of unsafe or aggressive drivers in the Denver Metro Area are tracked. The Colorado State Patrol sends out a warning letter after three complaints, hand delivers a letter after five complaints, and the has the option of keeping an eye on the drivers’ future behavior.

It’s important to remember that your behavior while you drive effects more than just you, it also effects your passengers and other’s on the road. In a road rage related car accident in December 2016, a truck driver was seen driving recklessly and aggressively on Interstate 76. While attempting to pass a semi-truck in the shoulder the truck driver lost control and drove through a guardrail and crashed on the street below.

Running late for work or school, or even having a bad day might make you drive differently than your normal habits, but it is not worth it when it could mean harming yourself or others on the roadway. The best way to prevent a car crash caused by road rage and aggressive driving is to drive defensively. Slow down and focus on getting to your destination while following traffic laws and driving safely. Someone cut you off? Maybe their day is going just as poorly as yours is, and it is always better to cut other drivers some slack than creating a situation where you may end up hurt or worse.

If you have been injured in an aggressive driving or road rage car accident, contact the Bendinelli Law Firm for a free consultation on your case.

Happy New Year! Drinking and Driving–It’s Not Worth It!

By | Automobile Accident, Denver Personal Injury Attorney, Drunk or Impaired Driving, Uncategorized, Winter Driving Safety

Blurred vision due to drunk drivingThe holidays are coming to a close and a new year just around the corner. As we head out to friend’s and family’s homes and company parties, there is the potential for winter weather road conditions, as well as drunk drivers – especially around New Year’s Eve. Though we may not be drinking at holiday parties, many people are, and the data shows it. Nationally, between Thanksgiving and New Year’s 2-3 times more people die in alcohol-related crashes than during other times of the year, 1,200 people will be killed, and there will be 25,000 people will be injured in traffic accidents related to alcohol.

In Colorado more than 26,000 people are arrested for DUI, and over 150 people are killed in alcohol-related traffic accidents each year. The fatalities due to impaired driving represent more than one third of traffic deaths in Colorado. These numbers are really horrifying, so how is Denver Metro law enforcement helping to keep roads safer?

In Colorado law enforcement agencies ran their annual, “The Heat is On” campaign from Nov. 18 – Nov. 28, with 97 agencies participating. The campaign is designed to help stop drivers that may be driving under the influence (DUI).  During this ten-day period officers arrested a total of 518 people who were suspected of DUI. This year there has been 177 fatalities due to impaired driving, a number likely to go up before the end of the year.

DUI Checkpoint-drunk driving

DUI Checkpoint

“The Heat is On,” will continue through December, with law enforcement agencies around Colorado creating sobriety checkpoints and increasing the number of officers on patrol to help spot and stop DUI drivers. To help you and your loved ones get home safely, you can download CDOT’s R-U-Buzzed app, a blood alcohol content calculator for Android and iPhone, nominate a designated driver before you go out to parties, use the RTD system free starting at 7pm, or plan to use a ride sharing services like Uber or Lyft.

If you or your loved ones have been hurt in a motor vehicle crash in Colorado involving a drunk or drugged driver, during the holidays, or any other time of year, contact the Bendinelli Law Firm for a free and confidential consultation.

Marco Bendinelli’s “Win My Broncos Tickets” 2016 Contest Rules