The Mandy Connell Show is sponsored by Bell and Pollock accident and injury lawyers.
No, it's Mandy Connell, Andy Conall.
On Koa.
Ninem saw got way you want to study care the nicey prey Andy Connell keeping sad thing.
Welcome, Welcome, Welcome to the third hour of the show. And I said it right before the break. Something occurred to me today as I looked at my calendar and saw that Gary and Brad from Bell and Pollock were going to be on the show for an hour of Ask the Personal Injury Attorneys, And I thought to myself, why am I so entertained by this segment. I enjoy the heck out of it, and it reminds me of
when my dad. From the time I was very little, my dad, who was also an attorney, would come home and tell me about the cases he was working on. Not the borning, mundane cases, right, just the interesting cases that he was working on. So I thought we'd start out this hour after I told people, if you have a question for Gary or Brad from Bell and Pollock, a personal injury question. Maybe you've been in an accident, maybe you've been hurt by somebody else's negligence. Now's the
time to get some free advice. You can call us at three oh three seven one three eighty five eighty five. That's three oh three seven one three eighty five eighty five. If you have a super simple question, you can text it to five six six nine.
Oh.
You can do either of these things. I want to ask you, guys, what are the what are the cases that you have tried in your decades of doing this? What are the cases that you still when you go to a cocktail party, that's the story you're gonna tell.
You've got that one Cary.
There's a lot of them, and there's only so much that you know, you can say about a case without you know, compromising the security of the king. But yeah, there's a there's a lot of them, big accident cases, big trucking cases. I mean usually we experienced cases, manu, where you match a truck eighteen we grow up against the car. Saw them a good match. There's going to be a disaster and they it's amazing how hard they fight, and it's amazing. People don't realize that these trucking companies
have teams. So let's say there's there's just an accident here on I seventy up in the mountains with a big truck. They will have a team. And when I meet a team, they have a human factors expert on site, an engineer on site, an attorney on site. They fly them in.
They don't they don't wait well, so they get it.
All done and they want to get the engineering done, and they get the black boxes done. But I guess the funny story would be, we did a trucking case one time and the trucker was saying, he said, here's my logs. And it was the old fashioned logs. They weren't digital logs. They were written logs, and here's my logs. And so Brad and I kept looking at the logs and something wasn't right, and we had got it. We had received his gas receipts, and they sometimes they stay
in motels, so we get the hotel receipts. I said, well, into you on the night in question, you were at a motel in Lexington, Kentucky. But your logs say you were in Florida, Oh all at the same time, and so you know that was and then went they went south for the company from there. But that's kind of a kind of fascinating chorice and that you'll be surprised
how many times that happens. The other thing is I got to put in a word for the Colorado State say patrol, they get on the scene, they want those logs. You the driver, right, you don't want to give me the logs, And they say, I'm going to get on the I'm going to get on the horn and get on the phone with your company. You don't know your passwords. Suddenly I'll find out your passwords and they get it. Those troopers get those logs. So they do a good job well.
And so have you guys ever had any just bizarro world cases where people walked in and asked and you just went, yeah, that's outside our scope, Like that's so nuts, we can't even do that.
Yeah, I mean we've had, I mean we've had we've had cases where people have walked in and there's really no there's no liability, nobody's falls and we're not going to do the case. Right, But they say, they say they're hurt, and and then there's you can't do any liability. But then they get angry when you tell them there's not a case and we told.
You get the ones where they say they cause the accident and they want to sue because they cause the accident.
What Yeah, they got hurt in the accident and they caused it.
You get down to it, you say, well, it looks like you took the ride away away from the other person, and they go, yeah, I did.
You go well, then you can't recover.
And you kind of just admitted it to us. You just admitted it to us.
Yeah, that's not a question here, you know, I have a question and then we're going to get some calls here in just a moment. A friend of mine is dealing with this situation, and I think with the rise of social media, I don't know if you guys have ever handled these cases where you have someone taking to social media to defame a rival business for another company. And these are not big money players, so we don't
have deep pockets. You're not Doe in the New York Times, right, What recourse to normal people have from either reviews that are libelists that are not accurate, not true? Is there any recourses that part of the law changed or expanded and if so, how Yeah, so.
There is recourse. The tough part of that answer is that usually that you have to file a loss. Usually they don't care. Usually they're just going to go on doing it. But sometimes it's worth a try. Sometimes when attorneys write demand letters, let's say you are posting the social media, you get demand letters to cease and desist or we're going to file a lawsuit. Sometimes that works, and that's very very cheap, easy to do, and this
solves solves the problem. But you're right, you're not suing the New York Times, and there's not a lot of money. But people just want to say or do anything or act anyway and they just can't. So maybe a demand letter.
Well, if your client's a company or a business, you can sometimes coordinate it with the loss of business. They're trying to show that okay, but once somebody put this on Facebook, Caul, they put it on some kind of social media demeaning you or degrading your company or making bad statements, and they refuse to take it off, and you can coordinate that with loss of business.
You might be able to do something, but it's very difficult.
It's very difficult because you can always start a campaign to go back.
At them to stop it.
Well, the other thing is that when people live at Google reviews, businesses get mad. But if it's the truth, truth is a deficient of defamation. If it's the truth, it is the truth, that it is what it is.
Well that these are specifically. I have a friend who's going through this now, and she said, she came to me because you know, I'm a web I'm a web doctor and also a web lawyer, So people come to me for legal advice.
All right.
She actually called and said what kind of attorney would I need for this? And I said, well, first of all, if you're talking about suing someone if they have nothing, you're talking about spending a lot of your own money. You'll probably never get back, right, so probably never get back it. Would that be a case that if you could prove the damages and all of that nonsense, if you were so in the New York Times, would that
be a personal injury? Obviously it's not an injury physically, but it's an injury to your business.
It's an injury to the harm and the harms to the reputation. So yes, it is an injury. And that's what you would you would have to do. I mean, say we're the New York Times. You'd want to file the law soon. It's an injury to your reputation, right and too many people your reputation is worth more than anything.
Is It hard to prove those kind of cases, very hard.
You know.
It can also relate into emotional distress too. And you know, because I've had people come in that are very upset. They're emotionally distraught over what's happened, and so much so that they don't even care about their physical injuries. They care more about just trying to get be able to get a grip on what's happened.
I call them.
Nightmares and daymares because they are still living with it all. Yeah, and a lot of times you got some to counseling and you've got PTSD, and that can happen with somebody putting a bad review about you or saying something bad about you on social media. It can cause a lot of emotional distress. If you can tie that in, if you can show it, which means you got to talk to spouse's, you've got to talk to friends, you've got
to talk to business associates. If you can tie all that in, you may have something, especially if it was the slanderous relibelist statement that was made against the version.
I think that's an interesting thing that's happening now is now people are more vicious online than they've ever been before, and it's it's damaging to someone's reputation when you go and lie about them on the internet, because it lives forever.
It's like a license to lie.
I mean, you know that the internet, social media has turned into some of that is the license to attack somebody with your words. And attacking somebody with your words can be very, very interous to somebody.
I agree, cause a lot of problem. Well, I asked it, okay, if you've got a question that isn't slander or libel related on Gosha, if I could see over all the mean stuff that have been said about me on the internet, rich right now, give us a call. Three three five eighty five. Jes in Castle Rock has a question. You're on with Ellen Pollock for ask the attorneys.
Thank you. I have a multifaceinate issue that I'm trying to resolve. I've got a financial institution that refuses to.
Take my ex off the account even though she signed a quit claim, and they will not allow the access.
To many of the communications we've had with them. And or the other offices unless I get a subpoena. So where do I go?
What do I do? Well?
I got to tell you to begin with the start off with. That is a typical divorce question, and it happens all the time. A couple they buy a piece of property by usually a house or condominium whatever. They both go on title, and they both signed the promissory note, and then they get a divorce and the the finance company or the loan company will not and is and they're not obligated to take either party off of the note.
They got the note.
That's their security and it makes a lot of people very, very mad. The remedy was in divorce court or court where the judge says, Okay, mister X, you're gonna pay the mortgage, and missus X, you don't have to pay it. So that's a court order and that's how you solve the problem. But you don't and can't solve the problem with the loan company. They're just not going to do it.
I've never seen it in my career. Maybe it did happen, and even if you have a deed, they don't care because that was the way they made the loan and got their security to begin with.
Is this a loan situation, Jess, No.
It's not a loan. It's the investment account.
Yeah, so's you wanted off the account. She signed a quit claim in the financial investment company will not accept what she did.
They're putting the blame back on me. They said, I need to take her to court. Well, you know we had to. We didn't go to court and went her mediation. She did this in mediation, and like I said.
Now, I'm trying to say, hey, I've been telling you this for quite some time, but they won't give me the communication records without a subpoena.
Okay, well I got another solution. I got another solution for you. Look, if if she's cooperative, it sounds like she might be signing the quick claim deed, close the account together, close it, take take your money out, and go better somewhere else.
I was because of her dealings with the personal moneys. I was in a lot of trouble with the irs, and I am now permanently partially disabled because of the assault she gave me.
I'm sorry.
What was the what was the mediation order? The mediation agreement made in order of court. Did you take it down to court and making an order of court?
No, the attorneys agreed to go to mediation.
All right, Jeff, I want to hear the rest of this, but I've got to take a break. I'm very very late. You're on McGarry, Brad. Hang on, Jeff, hold on, don't go anywhere. We'll be right back. Let me rephrase what Jeff's issue was. Jeff and his ex wife have an investment account. His wife has signed a quick deed to get off of the investment account. The brokerage, the financial institution has said no, thank you, we're going to keep her on this and he wants to know how to
get her off this situation and pick it up. Guys, you got two.
Minutes, Jeff. What I do is I go back to the attorney that was with you helped you do this. That attorney can contact the ex wife's attorney. The two of them can file a stipulation with the court or you got your divorce or your separation. The court can enter an order directing and you want a specific order that specifically goes the institution and they you don't really need the ex wife at that point. The ex wife's atturne he can do this if he's got authority and
proper authority to do it. But and I get an order of court that you can take down to the brokerage to show them. Here's an order of court take her name off.
Well, her attorney says, the statute of limitations has expired. So nobody has any paperwork. The mediator has no paperwork.
The problem is the.
Financial institution did not act on this at the time they should have, and I've been fighting them ever since.
Well how long was this because your statuemationous makes no sense to me.
Out it doesn't expire on a divorce stuff, no, or.
How long ago?
Okay, it was fifteen years ago. And it wasn't a divorce, it was a separation, right, So I was under Colorado law. We had a common law marriage. But in its separate divorce you separate assets and liabilities. Separation you separate only the assets. Well, she did this because she knew she took out alone against this account. So I've said before, if you know a screenwriter or an offer, I got a made for TV mini series here.
Oh the plot just thickened a whole lot, and you've got that. So so is she being cooperative now?
Not at all, of course not. Does he need to talk to a different attorney.
Well, you're, you're, you're. Your only answer is is court. Your only answer is court. You can't get it done by agreement. You can't get it done by stipulation. That's the only answer. And fifteen years.
Ago, how do I get the people to get the communication records from the financial institution.
You're gonna You're gonna have to have court action pending. Yeah, if you got a court action pinion, you can issue subpoena then. And you can't just issue subpoena out of the blue. You have to have a court action pending.
You need, you need a new attorney. Start with that, Jeff, And I wish I could give you more advice, but I have to let you go because I got to take another break. We went along in that last time.
Yes, call our office and we'll try and give you get a referral to you for an attorney.
Three O three seven nine fifty nine one hundred will be back, Jill, hang in there your next three O three seven one three eighty five eighty five. I'd love to hear if you have a weird legal question because I love those. We'll do that next with Bell and Pollock. We're playing Ask the Attorney. I've got some really good questions on the text line. We're going to grab those next, but Jill has been patiently waiting. Jill, you're on with Gary and Brad from Bell and Pollock. What's your question?
Hi, It's nice to talk with you. I think I'm trying to determine if I actually have a kid. In early February, I was running at the airport to catch the skylight bus and my oh the sidewalk, and long
story short, I ended up with a head injury. I tore my hamstring on one side and on the other side, I have him and new trouble, and I'm I'm incurring more expensive than I thought that I might and so and I know that I'm going to need more diagnostics and more physical therapy, and depending on what they find, the I suppose future treatment is school that I'm known at this point, So I don't know if there's if this is just one of those things that's purely an accident,
or if there is any liability on their part.
Well, one one more time, what caused you to follow you were doing what exactly exactly I was.
I was at the airport and I was in the transit center. I was running to catch the sky ride bus and dripped on a lip on the sidewalk, and then that was the result.
Okay, here's the deal to recover premises' liability. That's what that's caused. Called there has to be a dangerous condition, bottom line. And there's many vary variations of what dangerous condition is. But if you have a lip in the sidewalk, it depends on how big the lip is. I mean, lips and sidewalks when they're built, they have a natural lip. But I mean if I'm exaggerating right now, but if it's a four inch lip and you slam into it
go flying, that's dangerous as can be. So I don't know if you have a picture of it or not, but the lip is the number one. The number two is you're at the Denver Airport, right DIA. Okay, so you're likely on governmental property. Brings up a whole other issue, and we'll be glad to talk to you. Can't just score it all in the air, but be glad to talk to you off the air. But that brings in
the whole host of governmental immunity issues. They can be solved sometimes sometimes they can't be And so you got two major things to consider. You got the injuries, you got the diagnostics. And I'm sorry it happened to you, but good lawyers would drill down and will help you. We won't charge you to do this. Well, but you've got to drill on was it really truly a dangerous condition? And is their governmental immunity.
Sure it was a lit in the sidewalk that had already been shaved down, and.
Well, that proves knowledge of somebody that yeah, And just because it's already been shaved down doesn't mean it was shaved down to the proper measure measurements. It doesn't mean it didn't create a dangerous condition. I mean, you know, when you're at the airport, you expect people to be
normally in a hurry. They're not going to be watching the sidewalk and a lot of times they're carrying luggage, or they're trying to figure out where their flight is, or they're trying to figure out where the gate is.
And there's a lot of criteria, but you have a governmental.
Immunity notice, so you have to give and that's got to be done generally. It's actually one hundred and eighty six days, but six months from the time that you fell, and you you need to at least talk to a lawyer to preserve that right. And you need to get out there and get some photos of where you.
Fell and what it looks like. You know, I know if I were representing you, I'd.
Be having a couple of experts go out to look at it, because you know, there are people who are experts at how these sidewalks, where the lips should be, and how they should be shaved down, and what should be done if they're done correctly.
But you need to listen to what Brad just said. You have one hundred and eighty one days under the statue. I think you said you got injured in February. The governmental community clock is ticking against you. You don't give the proper notice within the first one hundred and eighty one days, you're finished. I don't care what happened to you. I don't care if it's dangerous. You're finished. So you need to get to an attorney fast.
Okay, all right, appreciate the input, All.
Right, Jill, I got a lot of questions on the blog today, and this one is kind of interesting. Not the blog the text line at five six six nine. Oh, that's the common spirit health text line question for Bell and Pollock jens on a um U. I am that's uninsured motorists claim I have a personal umbrella policy as well. Can I get or can I see coverage and award under the umbrella policy as well as the underlying auto coverage. Thanks driving now, Mike in a Rapahoe County.
Mike, we'd have to see the policy. That's just the bottom line note.
If we see the personal umbrella policy, if it includes coverage for car crashes, if it includes coverage for um yes it does. If it doesn't include it, it probably doesn't. And what we need is actually the declaration page. We'd like the policy and is a declaration page?
Now, is it common for umbrella policies to exclude auto accidents?
That's a great question.
Man.
Here's the mistake most people make. They buy the UIM coverage a regular car policy, then they hey, I want to get an umbrella policy, and they think we all think umbrella that covers everything, right, But it doesn't cover vehicles as bad you said it has to be specifically endorsed to cover vehicles, and then it does.
Okay, And normally you'd expect your your insurance agent help get that in because when you're talking to them, you're saying, I want protection in case I get hurt. Yes, so you think you're getting an umbrella policy that's going to cover that, and hopefully your agent put it in.
Do you guys have an accident checklist that this person can keep on their car or phone.
We do.
We've got a We've got a checklist. We've got a booklest you can keep in your box. I've got one on mine and keep on my insurance papers in there. Certainly you call our office, we give you one free.
This one. I fell at Target, resulting in a broken hip and surgery. I have no proof of what made me fall. I went to an attorney. The burden is on me. I don't know what my foot caught on. Am I just out of luck? Sedgwick says, no liability. Okay, So I'll take this zone and then can pick it and pick it up. But first of all, all these stores, every one of them either hire Crawford and Company or
Sedgwick James. And if you look up the website on Sedgwick, James and Crawford than they basically boast that they save corporations across America millions billions of those are attorneys who work for targets.
Are not attorneys?
What are they?
They're a company that target hires King super hires. They hire them to minimize the claims and get rid of the people before they get more serious on their claims. So they're technically adjusters. Okay, but there's a special way to deal with them. But you, I don't know what your attorney told you, But do you normally I mean, this is a crazy question, but you people don't normally go around following unless there's a reason to do se so,
and usually it's around the produce department. Where were you located in the store and what happened? Because I don't believe you have no case here.
Well, this is just a text message, so I can't ask the follow up question, but I would strongly recommend she goes give you guys a call at three three seven nine fifty nine hundred, so just to find out more. I mean, that seems like one of those things. What would be the process if she comes to to see you what does Bell and Pollock do?
First?
Okay, well, we take when we interview her, we try to figure out where in the store she fell. Her the way she fell is critical. Did your feet go out in front of you? Did you trip and go forward? So usually when your feet go out in one way or the other and you either land on your back, your head, or your side, you slipped on produce or you slipped on some slippery substance. And by the way,
they have video. And by the way, every time when you ask the video, they'll tell you we're not going to give.
It to you.
Every time you need a spoilation letter, you need a spoilation letter, which means a letter written by lawyers will be glad to do it for you to the store that says, don't you spoil or demolish or destroy any evidence, including the video, And they will admit to you that
have a video. And we write them letters and say you've admitted had a video, but you won't give it to us, so that forces us to sue your client so you can get it, to get the video, and they say, our policy is you don't get the video.
And if Cedric was on it, that means the claim was made. You got a pretty good chance that Sedgwick had the video.
They looked at it.
Now, maybe they said it was so far back, depending on how much time went by that the video.
They ran back over the video.
But Sedgwick normally is going to pull those videos and look at them to determine what they think.
But you know you want that video.
It'd be very important, and it'd be important to go back to where you fell and see if there's some problem with the floor.
There's some problem there.
Also look around to see if there's anything close by where you could have a foreign substance on the floor.
We have a rule in our law firm, and you're gonna love this rule, okay on the subject because occasionally we have a company that will give you the video, okay, like one two percent of the time. But when they give you the video, the company likes what they see and so here here you go take it. And when they don't like what they see, I guess some of you can't have that. You need to come see us can't help you.
Shocking shocking that sure they might be. Uh, here's the question. I don't know the answer to this, So is our lawsuit and they say winnings. But are they taxed? Do you pay taxes on damages that you are awarded in a lawsuit?
Normally, No, they're not taxable.
What would be the one area? What would be the areas where they would be?
You said, normally, if you're collecting money for lost wages a lot of time, the amount for the lost income is as taxable as income.
As income.
If you're collecting money for pain and suffering and for lost quality of life and for scarring or disfigurement, normally that's not taxable.
Okay, Apparently our target lady has called in. Is this Debbie? You said, Aaron, Yeah, yes, so Debbie, you fell in the target and and you were basically so told sorry, you don't have a case. Did you ask about video of any type?
We asked about video right away. This happened July twelfth, two years ago, so almost a year and a half ago and almost two years in July, and my attorney asked for video right away. They never produced it. She sent letters. They've denied every liability. But when I was in the hospital, I went to the hospital right away after the fall. My foot caught on something in the store. But I think I was out of it. I never I took didn't have a picture, I didn't have anything.
So she said, the burden of proof is on me, and we cannot prove what I fell on. But I just don't go around falling and breaking my hip. And so she just said, you know the last letter that they said they denied all liability. But when I was in the hospital right away, Sedgwick kept calling me. They called me about three times. I was in the hospital two nights. They called me three or four times. I don't know what they wanted, so I didn't talk to them.
I did ask my neighbor, who was an attorney, what should I do, and he said, definitely, don't talk to them. Go here when I went there, But they say the burden of proof is on me, and then that's just it. I have no proof except that I have medical records. I did fall and break my hip. I don't know what stopped my left foot.
What is the what is the statute of limitations on this debish?
Two years? You got to move.
There's no requirement for a note.
Did you guys file any sort of suit against Target? Did do you get that far? Did you just send a demand letters?
Yeah, no, because a lawsuit again which she said that we would have to the burden of proof is on me. We have no proof except the medical records and that I did fall. I was with my grandson when I fell, and he cannot he was six.
Witness.
Okay, but but there might have been some wonder's a w But also you said you don't go around falling, all right, so and some some people do. They have a medical condition where they fall. You don't go around falling. You might have the proof already you tripped, and there's a there's got to be a video.
When when they asked, when they said they had a video, did your lawyer ask for it and get a copy of it.
They didn't say they had a video. We asked for the video. They just never They've always ignored everything, every letter until recently. And they just said they have no liability. And I said, why did they even ask for the exhibits of the medical records. Why did they call me initially, you know, to find out And when we first asked for the incident report, the target made we got got it in print on a letter. The very first line was in that report said that they asked me what
made me fall and I said I was dizzy. I never said that ever. I called target back and I said, I did not say I was dizzy. The paramedics came. They asked me too, why I fell. I said, I my foot. My left foot caught something on the floor. I don't know what it was. When I got to the hospital, they also asked me why I fell. How I fell? I said, I don't know. I wasn't diusy. My left foot caught something on the left on my left foot on the floor.
I don't know what it was.
It sounds like this is a perfect I mean, Debbie, you may want to talk to these guys in the office, but you need to do it like now. I mean now, because your time is running out. It sounds to me like well, Cedric finally responded, just to throw a little bone so the statute of limitations can run out.
Their their job is to discourage you. Their job is to delay you. Their job is to pay you little or nothing, and their job is to make the statute of limitation run out.
Well, your lawyer is right that you you have the burden to proof. Yes, you have to show that there was a dangerous condition, but you know. Once again, as Gary said, people just don't go following in the store. I mean, your foot caught on something. The question is what did it catch on? Who took the reports? Who who checked on you? I mean somebody had to come to you when you fell, and there had to be identification.
There should be reports and videos, And that's one place where I question the investigation because I'm shocked that somebody didn't require those to see them.
I do not think that manager. That manager's under a duty and obligation to make an incident report. Don't think they didn't, but they're not going to show you all of it.
They did.
I read it.
It was wrong.
Well that's even worse.
And so that's you know, And that's what I said right away. I was still recovering. I read the incident report and I called target and I said, that's a lie. I was never dizzy, And the attorney said, if you would have been dizzy, the paramedics would have treated you differently. They carried me to the car and told me to go to the emergency room for X rays.
Okay, we're out. We're out of time, unfortunately, but now I want to know how this resolves. So I'd love for you to follow up with these guys offline at their office at Bell and Pollock. You can go to Champions of the People dot com for more information and a free legal game plan called three O three seven nine five fifty nine hundred. I'm so sorry I have to cut you off, but you need to talk to somebody, and you need to do it like immediately.
Yeah.
Well, I have been and I just haven't gotten any results. Right that Sedgewick denies everything, all right, So Kim, is there a way I can I can just call and look up that number for Bell and Polo three three.
Three oh three seven nine five fifty nine hundred. All right, thank you, Thank you you guys, thank you so much for coming in