Denver Attorneys Assisting Clients Nationwide
Downey & Associates, PC has extensive experience in personal injury defense. When able to self-direct their defense, many large national companies have chosen us.
Our firm has received many referrals from large law firms nationwide whose clients are in litigation in the Denver, Colorado area. We can also serve as co-counsel with other firms.
Since the founding of our original firm in 1983, Downey & Associates, PC has represented clients in a variety of areas including the following:
- Alleged insurance bad faith
- Product liability claims
- Malpractice defense
- Construction-related claims involving third-party litigation
- Coverage disputes
The firm has handled a wide variety of
personal injury defense cases. For example,
Thomas E. Downey Jr., our lead attorney, has served as regional counsel in industry wide litigation seeking recovery for lung and other medical conditions allegedly caused by exposure to certain products, has defended a number of manufacturers in products liability litigation and has defended professionals involved in regulatory proceedings or civil litigation.
Related: How Long Do I Have to File a Car Accident Injury Claim in Denver?
In our personal injury defense work, as in all litigation, we concentrate on cost-effective resolutions to disputes. If we believe that our clients are best served through mediation and arbitration, we will not hesitate to recommend these forms of alternative dispute resolution.
A distinct advantage to our representation is our conscientious one-to-one involvement with clients. Since beginning his career as a trial lawyer more than 30 years ago, Tom Downey has worked closely which each client, taking full responsibility for their legal affairs from beginning to end.
Contact Us
To learn more about our work in personal injury defense, please call us at (303) 813-1111 or email us through our contact page. Downey & Associates are available for free initial consultations for those who qualify. We make evening appointments and can accept credit cards.
Frequently Asked Questions
Why choose a specialized personal injury defense attorney?
Choosing a specialized personal injury defense attorney ensures you receive expert representation tailored to the complexities of your case. At Downey & Associates, PC, our attorneys in Denver have extensive experience and specialized knowledge in defending against personal injury claims, providing clients with the best possible outcomes.
What can I expect during the legal process with a personal injury defense attorney?
During the legal process, our personal injury defense attorneys at Downey & Associates, PC, will guide you through each step, from initial consultations to potential court appearances. In Denver, we ensure that clients are well-informed and prepared, providing consistent updates and strategic advice throughout the case.
How do Colorado’s comparative negligence and pro-rata fault rules affect my potential exposure?
Colorado follows modified comparative negligence, which reduces a plaintiff’s recovery by their percentage of fault and bars recovery at 50 percent or more fault. The state also apportions damages based on each defendant’s percentage of fault, with limited exceptions. This structure makes careful fault allocation and third-party practice important in your defense strategy. It also affects settlement calculations because each party’s share can be separated. Early investigation helps identify all potentially responsible actors and defenses to fault. Your defense plan should be built around these statutes.
What happens if key evidence is lost or destroyed before trial in Colorado?
Colorado courts can give an adverse inference instruction if a party loses or destroys important evidence. The state’s civil jury instructions recognize an inference from the loss or destruction of evidence. Appellate decisions confirm trial courts have discretion to impose strong sanctions for pre-litigation spoliation, including adverse inferences. That risk makes early preservation letters and litigation holds critical. Your team should secure physical items and relevant ESI promptly. If the other side fails to preserve evidence, you can seek appropriate relief.
When can the defense obtain an independent medical examination or require expert disclosures?
Courts can order a physical or mental examination when a party’s condition is genuinely in controversy and good cause exists. In Colorado practice, Rule 35 governs such examinations and works alongside discovery rules. Expert disclosure obligations, including detailed reports for retained experts, are set by Rule 26 and related rule changes. Missing expert disclosure requirements can limit or exclude testimony. Defense counsel should calendar deadlines and tailor protocols for examinations and reports. Using these rules effectively strengthens medical and causation defenses.
How do personal injury defense attorneys protect against false claims?
Personal injury defense attorneys at Downey & Associates, PC, employ thorough investigations and legal expertise to protect clients from false claims. In Denver, our team scrutinizes all evidence and utilizes expert witnesses to challenge unfounded allegations, ensuring that our clients' rights are vigorously defended. Reach out to Downey & Associates for a consultation.
Additional Information in Denver, CO
- Injury Prevention and Wellness in Colorado: The Colorado Department of Public Health & Environment provides valuable resources and strategies for preventing injuries and promoting wellness across the state. This initiative focuses on reducing risks and enhancing public health through various safety programs and educational materials.
- Personal Injury Law: A Consumer's Guide: This guide by the American Bar Association offers comprehensive information on personal injury law, helping consumers understand their rights, the legal process, and what to expect when pursuing a personal injury claim.
