Black, Blink, & Associates LLC Black, Blink, & Associates LLC 2026-09-29T07:30:41Z https://www.blackandblinklaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1504173/2025/01/cropped-BBicon-32x32.png by Black, Blink, & Associates LLC <![CDATA[Preparing for Trial Testimony: A Colorado Chiropractor’s Guide to the Witness Stand]]> https://www.blackandblinklaw.com/?p=48223 2026-09-29T07:30:41Z 2026-09-29T07:24:55Z By Adam Smestad, Esq. Black, Blink & Associates / Personal Injury Attorney – www.blackandblinklaw.com  Most personal injury cases settle before trial. But when a case does reach a Colorado courtroom, a treating chiropractor may become one of the most important witnesses the patient has. Unlike a discovery deposition, trial testimony occurs in front of the people who will actually decide the case. Your job is not to advocate for the patient or "win" the case. Your job is much simpler: explain what you observed, what you did, why you did it, and the opinions you are qualified to give. Good preparation can make that testimony significantly more effective—and make cross-examination considerably less intimidating. ______________________________________________________________________________ Understand Your Role at Trial A treating chiropractor occupies an interesting position in a Colorado personal injury trial. You are a fact witness because you personally examined and treated the patient. Depending upon the opinions being offered and the court's rulings, you may also provide expert testimony based upon your specialized knowledge, education, training, and experience. Under Colorado Rule of Evidence 702, a witness qualified by "knowledge, skill, experience, training, or education" may provide expert testimony when specialized knowledge will assist the jury. Colorado courts examine the reliability of the underlying principles, the witness's qualifications, whether the testimony will assist the jury, and the requirements of CRE 403. People v. Shreck, 22 P.3d 68, 77–79 (Colo. 2001). Importantly, the Colorado Supreme Court recently confirmed that an expert does not necessarily need to be formally "tendered" and accepted as an expert in front of the jury before providing otherwise admissible expert testimony. People v. Martinez, 2024 CO 6, ¶¶ 26, 39–40. For chiropractors, the practical lesson is straightforward: know what opinions you are being asked to provide and stay within your qualifications and the scope of your treatment. ______________________________________________________________________________ Preparing for Direct Examination Direct examination is the portion of trial when the attorney who called you asks questions. Typically, a personal injury attorney will begin with your background:
  • Education and chiropractic training;
  • Licensure;
  • Years in practice;
  • Clinical experience;
  • Experience treating traumatic injuries; and
  • Other qualifications relevant to your testimony.
The attorney will then usually walk through the patient's treatment chronologically: the initial history, examination, objective findings, diagnosis, treatment plan, progress, and ultimate outcome. Review the entire chart before trial, particularly your initial evaluation, re-examinations, imaging, significant progress notes, discharge report, billing records, and any prior deposition testimony. The goal is not to memorize the chart. It is to refresh your memory so that you can explain it naturally. ______________________________________________________________________________ Explain the Medicine—Don't Just Read the Records One of the greatest advantages a treating chiropractor provides at trial is the ability to translate medical information into language ordinary jurors understand. "Reduced cervical range of motion" means considerably more to a jury when the provider explains what normal movement looks like, what was observed during the examination, and how that limitation might affect the patient's daily activities. Expert testimony is valuable precisely because it can help jurors understand matters outside ordinary experience. Colorado courts therefore focus not only on whether an expert is qualified, but whether the testimony will actually assist the jury. CRE 702; Huntoon v. TCI Cablevision of Colorado, Inc., 969 P.2d 681, 689–90 (Colo. 1998). Teach the jury. Do not lecture them. ______________________________________________________________________________ Expect Cross-Examination After direct examination, opposing counsel gets an opportunity to question you. Under CRE 611, Colorado trial courts control the manner of examining witnesses, and leading questions are generally permitted on cross-examination. Colorado's evidentiary rules also provide mechanisms for examining witnesses concerning prior statements and writings used to refresh recollection. See CRE 611–613. This means the questions may sound very different from direct examination: "The patient didn’t complaint about back pain that day, correct?" "The patient had previously complained of neck pain, hadn't she?" "You would agree that pain is subjective, correct?" That does not mean something has gone wrong. Cross-examination is designed to test testimony and credibility. ______________________________________________________________________________ How to Handle Cross-Examination The most important rule is simple: listen to the actual question. Do not anticipate where the attorney is going. Do not argue. Do not become defensive simply because you disagree with the premise of a question. Instead:
  • Listen to the entire question;
  • Take a moment before answering;
  • Answer the question honestly;
  • Correct inaccurate assumptions when necessary;
  • Do not speculate;
  • Do not exaggerate; and
  • Do not volunteer information simply to fill silence.
Be particularly careful with questions beginning with: "Wouldn't you agree..." The answer does not have to be "yes." If the statement is only partially correct, say so and explain when appropriate. If you do not know, say you do not know. If you cannot remember, say you cannot remember. Credibility is more important than winning an individual exchange with opposing counsel. ______________________________________________________________________________ Be Ready for Attacks on Bias Chiropractors in personal injury cases may be questioned about:
  • How frequently they treat accident patients;
  • Attorney referrals;
  • Whether treatment was provided on a lien;
  • How much remains unpaid;
  • The provider's financial interest in payment; or
  • How frequently the provider testifies.
Do not be embarrassed by legitimate business practices. Answer truthfully and calmly. Attempting to minimize an obvious attorney referral relationship or financial arrangement can cause far more damage to credibility than simply explaining it accurately. ______________________________________________________________________________ Stay Within Your Expertise A chiropractor should be confident about chiropractic treatment while recognizing the boundaries of his or her expertise. Colorado's Chiropractic Practice Act defines and regulates the scope of chiropractic practice. See C.R.S. §§ 12-215-101 et seq. Similarly, Colorado's expert-testimony rules focus on whether a witness's particular knowledge, skill, experience, training, or education qualifies that witness to offer the opinion at issue. CRE 702; Melville v. Southward, 791 P.2d 383, 387 (Colo. 1990). Do not allow cross-examination to push you into opinions about accident reconstruction, biomechanics, another medical specialty, or some other subject outside your qualifications. "I don't have an opinion on that" can be a very good answer. ______________________________________________________________________________ Remember That the Jury Is Watching More Than Your Words At trial, credibility matters. Jurors notice whether a witness listens to questions, treats both attorneys respectfully, admits limitations, and explains complicated subjects without exaggeration. They also determine what weight to give expert testimony. Colorado law does not require jurors simply to accept an expert's opinion because the witness has expertise. A provider who appears knowledgeable, independent, and comfortable acknowledging what he or she does not know can be far more persuasive than one who seems determined to help one side win. ______________________________________________________________________________ Why Trial Preparation Matters to Chiropractors Good trial testimony benefits everyone involved. It allows the chiropractor to accurately explain the care provided. It helps the jury understand injuries and treatment that otherwise exist only as words on a medical chart. And it protects the provider's professional credibility when the records and treatment are challenged. It also builds trust with personal injury attorneys. Attorneys remember treating providers who maintain good records, communicate well, understand the litigation process, and remain composed under cross-examination. Those are the providers attorneys feel comfortable working with—and referring future patients to. ______________________________________________________________________________ Final Thoughts Taking the witness stand does not require becoming an attorney or professional expert witness. In fact, the opposite is usually true. The most effective treating chiropractor is often the one who simply knows the patient, knows the records, understands the medicine, and explains all three honestly and clearly. At our firm, we prepare treating providers before trial so they understand the process, the subjects likely to be addressed on direct examination, and the issues likely to arise on cross-examination. The goal is never to tell a provider what to say. It is to make sure that when it matters most, the provider is prepared to clearly explain what they already know. For questions or referrals, visit: www.blackandblinklaw.com or call 719-328-1616.  Authorities and References This article is for informational purposes only and does not constitute legal advice. Providers should consult qualified Colorado counsel regarding specific lien issues  ]]> by Adam Smestad <![CDATA[What Should I Do After a Slip and Fall at a Store in Colorado?]]> https://www.blackandblinklaw.com/?p=48220 2026-09-23T07:01:55Z 2026-09-23T07:01:13Z By: Adam Smestad, Black Blink & Associates, [nap_phone id="LOCAL-CT-NUMBER-1"] You slip on spilled water at the grocery store. You trip over merchandise left in an aisle. You fall on an icy entrance outside a business. Once the embarrassment wears off, the question becomes: “What should I do now?” What you do immediately after a slip and fall can make a significant difference if you later need to make a personal injury claim.
  1. Take Pictures Before You Leave
If you can safely do so, photograph exactly what caused you to fall. Take pictures of:
  • The spill, ice, debris, or other hazard;
  • The surrounding area;
  • Warning signs—or the absence of them;
  • Your clothing and shoes; and
  • Any visible injuries.
Take several pictures from different angles. This matters because the dangerous condition may disappear minutes later.
  1. Report the Fall to the Store
Tell a manager or employee what happened. Ask that an incident report be completed. Make sure you accurately identify what caused you to fall. If possible, obtain the name of the manager or employee who took your report. Don't exaggerate. Don't speculate. Just explain what happened.
  1. Get Witness Information
If someone saw you fall—or saw the dangerous condition before you fell—get their name and contact information. Witnesses can become extremely important. Under the Colorado Premises Liability Act, C.R.S. § 13-21-115, a customer in a store will ordinarily qualify as an invitee. An invitee may recover when a landowner unreasonably fails to exercise reasonable care to protect against a danger the landowner actually knew or should have known about. The Colorado Supreme Court has explained that this can include both actual and constructive knowledge. Lombard v. Colorado Outdoor Education Center, Inc., 187 P.3d 565 (Colo. 2008). That means evidence showing how long a hazard existed or whether employees knew about it can become extremely important.
  1. Ask the Store to Preserve Surveillance Video
Most major stores have surveillance cameras. That video may show:
  • Your fall;
  • How the dangerous condition developed;
  • How long it existed;
  • Employees walking past it; or
  • Another employee or customer creating the hazard.
Do not assume the store will preserve that footage forever. An attorney can quickly send a preservation letter requesting that relevant video and other evidence be retained. This can be critical. In Brown v. Dillon Companies, LLC, 2025 COA 50, a Colorado Court of Appeals case involving a fall at a King Soopers, video evidence showed a person wearing a King Soopers apron and name tag apparently dropping an item in the location of the plaintiff's fall shortly before it occurred. Video can change a case.
  1. Seek Appropriate Medical Treatment
If you're injured, get evaluated. Don't assume the pain will simply disappear. Some injuries become more apparent hours or days later. Waiting too long can also create an evidentiary problem. Insurance companies may argue that a delay in treatment means your injuries were not caused by the fall. Be honest with your medical providers about what hurts and how the injury occurred.
  1. Don't Give a Recorded Statement Before Understanding Your Rights
The store's insurance company may contact you. Remember: The adjuster works for the insurance company—not for you. You do not need to be hostile. But you should be cautious about giving detailed or recorded statements before understanding your rights. Do I Automatically Have a Case Because I Fell? No. A store is not automatically responsible simply because someone falls on its property. Colorado's Premises Liability Act governs these claims, and the Colorado Supreme Court has held that it provides the framework for determining a landowner's liability for injuries caused by conditions on the property. Vigil v. Franklin, 103 P.3d 322 (Colo. 2004). For an invitee, an important issue is often whether the store knew or should have known about the dangerous condition and failed to exercise reasonable care. That's why early investigation matters. The Bottom Line If you are injured in a slip and fall at a Colorado store, preserve the evidence immediately. Take photographs. Report the accident. Identify witnesses. Get appropriate medical treatment. And consider contacting an experienced Colorado personal injury attorney before important evidence disappears. You don't need to decide immediately whether you want to file a lawsuit. But waiting too long can make that decision for you by allowing the evidence you need to prove your case to disappear. If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at [nap_phone id="LOCAL-CT-NUMBER-1"] now for a free consultation.  Sources
  • C.R.S. § 13-21-115 – Colorado Premises Liability Act – Governs claims against Colorado landowners and provides that an invitee may recover for a landowner's unreasonable failure to exercise reasonable care to protect against dangers the landowner actually knew or should have known about.
  • Vigil v. Franklin, 103 P.3d 322 (Colo. 2004) – Explaining the comprehensive framework established by the Colorado Premises Liability Act for duties owed by landowners.
  • Lombard v. Colorado Outdoor Education Center, Inc., 187 P.3d 565 (Colo. 2008) – Holding that the “knew or should have known” requirement may be established through actual or constructive knowledge and discussing a landowner's duty to exercise reasonable care.
  • Averyt v. Wal-Mart Stores, Inc., 2013 COA 10, 302 P.3d 321 – Upholding a premises-liability verdict where evidence supported findings concerning the store's knowledge of a hazardous condition and its failure to exercise reasonable care.
  • Brown v. Dillon Companies, LLC, 2025 COA 50 – Recent Colorado appellate decision involving a King Soopers slip-and-fall in which surveillance evidence concerning the creation of the hazard played an important role.
]]> by Adam Smestad <![CDATA[What If I Have a Pre-Existing Injury? Can I Still Have a Personal Injury Case in Colorado?]]> https://www.blackandblinklaw.com/?p=48215 2026-09-16T04:40:42Z 2026-09-16T04:34:18Z By: Adam Smestad, Black Blink & Associates, [nap_phone id="LOCAL-CT-NUMBER-1"] What if you were injured in an accident, but you already had a pre-existing injury? Does that mean you don’t have a valid personal injury case?  No. Having a pre-existing injury or medical condition does not automatically prevent you from recovering compensation after a Colorado car accident, slip and fall, or other injury. In fact, Colorado law specifically addresses this situation. What Is a Pre-Existing Condition? A pre-existing condition is simply an injury, illness, or medical condition that existed before the accident. Common examples include:
  • Prior neck or back injuries;
  • Arthritis or degenerative changes;
  • Previous surgeries;
  • Herniated or bulging discs;
  • Old knee or shoulder injuries; or
  • Chronic pain.
The important question is not whether you were perfectly healthy before the accident. The question is: “Did this accident make your condition worse?” Colorado Law Allows Recovery for Aggravated Injuries Colorado law recognizes a person's right to recover damages when another person's negligence aggravates a pre-existing condition. Colorado's civil jury instructions specifically tell juries how to evaluate damages when a defendant's negligence makes an existing condition worse. CJI-Civ. 6:8. Colorado courts have recognized this rule for decades. In Newbury v. Vogel, 379 P.2d 811 (Colo. 1963), the Colorado Supreme Court addressed a plaintiff whose pre-existing arthritis was aggravated by an accident. The court recognized that the plaintiff could recover damages caused by the aggravation of that condition. Similarly, in Brittis v. Freemon, 527 P.2d 1175 (Colo. App. 1974), the court explained that a negligent defendant generally takes an injured person as they find them. What Is the “Eggshell Plaintiff” Rule? Colorado also recognizes what lawyers sometimes call the “eggshell plaintiff” or “thin skull” rule. The idea is simple: Someone who negligently injures you doesn't get a discount simply because you were more susceptible to injury than the average person. The Colorado Supreme Court explained this principle in Schafer v. Hoffman, 831 P.2d 897 (Colo. 1992). As the Colorado Supreme Court has also put it: A defendant must take the victim as the defendant finds them. See Stephens v. Koch, 561 P.2d 333 (Colo. 1977). So, if an accident causes an otherwise asymptomatic condition to become painful, the existence of that condition before the accident does not necessarily prevent recovery. What If I Was Already Having Pain? That doesn't necessarily eliminate your claim either. Suppose you already had occasional back pain. After a car accident, that occasional discomfort becomes constant pain requiring physical therapy, injections, or surgery. You cannot recover damages simply because your back hurt before the accident. But you may recover for the additional harm caused by the accident. Colorado courts distinguish between a dormant condition made symptomatic by an accident and an already symptomatic condition that is made worse. McLaughlin v. BNSF Railway Co., 2012 COA 92, 300 P.3d 925. And where a pre-existing condition and accident-related aggravation cannot reasonably be separated, Colorado law may permit the defendant to be held responsible for the entire resulting harm. Newbury v. Vogel, 379 P.2d 811 (Colo. 1963). Be Honest About Your Medical History Trying to hide an old injury is usually a mistake. Insurance companies routinely obtain prior medical records. If you previously treated for the same body part, assume the insurance company will eventually find out. Tell your attorney. Tell your doctors. The better approach is often to show exactly what changed. Maybe you had occasional pain before but now experience it every day. Maybe you hadn't needed treatment in five years. Maybe you could work, exercise, ski, or play with your children before the accident and now you can't. Those details matter. The Bottom Line You do not have to be perfectly healthy to have a personal injury case in Colorado. A negligent person takes you as they find you. If an accident aggravates an existing injury, makes an asymptomatic condition painful, or causes significantly greater limitations than you had before, Colorado law may allow you to recover compensation for that additional harm. Don't reject your own case simply because you have an old injury in your medical records. An experienced Colorado personal injury attorney can compare your medical history before and after the accident and determine whether someone else's negligence made your condition worse. If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at [nap_phone id="LOCAL-CT-NUMBER-1"] now for a free consultation.  Sources ]]> by Adam Smestad <![CDATA[What If I Was Partly at Fault for an Accident in Colorado?]]> https://www.blackandblinklaw.com/?p=48213 2026-09-16T04:35:14Z 2026-09-09T07:57:32Z By: Adam Smestad, Black Blink & Associates, [nap_phone id="LOCAL-CT-NUMBER-1"] One of the most common concerns I hear from potential clients is: “I think I may have been partly at fault. Does that mean I don't have a case?” Usually, no. Colorado law specifically allows injured people to recover compensation even when they share some responsibility for an accident. This is called comparative negligence. How Does Comparative Negligence Work in Colorado? Colorado follows a form of modified comparative negligence under C.R.S. § 13-21-111. In simple terms, you can generally recover damages as long as your negligence was less than the negligence of the person or persons responsible for your injuries. Your compensation is then reduced according to your percentage of fault. The Colorado Supreme Court has explained that comparative negligence was adopted to avoid the harsh old rule that prevented an injured person from recovering anything simply because they were partially responsible. Gordon v. Benson, 925 P.2d 775 (Colo. 1996). What Does That Mean in Real Life? Imagine another driver runs a red light and hits you. The jury determines your damages are $100,000. But it also decides you were 20% responsible because you were speeding. Your recovery would generally be reduced by 20%, leaving you with $80,000. Colorado law specifically requires damages to be reduced in proportion to the injured person's negligence. C.R.S. § 13-21-111(1). The Colorado Supreme Court has applied this proportional-reduction principle in cases including Lira v. Davis, 832 P.2d 240 (Colo. 1992). What Happens If I Am 50% at Fault? This is where Colorado's rule becomes especially important. Under C.R.S. § 13-21-111, your negligence must be less than the negligence attributed to the responsible party or parties. So, generally speaking, if you are found 50% or more at fault, recovery can be barred. If you are less than 50% at fault, you may still recover, although your damages will be reduced by your percentage of responsibility. What If Several People Caused the Accident? Accidents aren't always caused by one person. A multi-car accident might involve three negligent drivers. A construction accident might involve several contractors. Colorado law allows fault to be allocated among defendants and, in appropriate circumstances, designated nonparties under C.R.S. § 13-21-111.5. The Colorado Supreme Court has explained that Colorado uses a combined comparison approach when determining whether a plaintiff's own negligence prevents recovery. B.G.'s, Inc. v. Gross, 23 P.3d 691 (Colo. 2001). Colorado generally also follows several liability, meaning defendants ordinarily pay damages according to the percentage of fault attributable to them. See C.R.S. § 13-21-111.5; Slack v. Farmers Insurance Exchange, 5 P.3d 280 (Colo. 2000). Don't Decide Fault Yourself This is the most important point. Don't reject your own case because you think you did something wrong. People frequently blame themselves immediately after an accident without knowing all the facts. The other driver may have been speeding. Surveillance footage may show something you didn't see. Vehicle data, photographs, witnesses, or police records may change the liability analysis entirely. Insurance companies also have a financial incentive to place as much fault on you as possible because every additional percentage of fault can potentially reduce what they have to pay. The Bottom Line Being partly at fault does not automatically mean you don't have a Colorado personal injury claim. Colorado's comparative negligence law was specifically designed to address situations where more than one person contributed to an accident. Before accepting an insurance company's determination that you were partially—or primarily—responsible, talk with an experienced Colorado personal injury attorney. Let the evidence determine fault. Don't make that decision for the insurance company. If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at [nap_phone id="LOCAL-CT-NUMBER-1"] now for a free consultation.  Sources
  • C.R.S. § 13-21-111 – Colorado's comparative negligence statute; permits recovery when the plaintiff's negligence is less than the negligence against which recovery is sought and proportionately reduces damages.
  • C.R.S. § 13-21-111.5 – Colorado's pro rata liability statute governing allocation of fault among responsible parties.
  • Gordon v. Benson, 925 P.2d 775 (Colo. 1996) – Discussing the purpose and operation of Colorado's comparative negligence system.
  • Lira v. Davis, 832 P.2d 240 (Colo. 1992) – Discussing proportional reduction of compensatory damages under comparative negligence principles.
  • B.G.'s, Inc. v. Gross, 23 P.3d 691 (Colo. 2001) – Explaining Colorado's comparative negligence system and combined comparison approach.
  • Slack v. Farmers Insurance Exchange, 5 P.3d 280 (Colo. 2000) – Discussing Colorado's statutory system for allocating liability according to fault.
]]> by Black, Blink, & Associates LLC <![CDATA[Nursing Students and Due Process: Understanding Your Rights in Higher Education]]> https://www.blackandblinklaw.com/?p=48212 2026-09-03T09:18:30Z 2026-09-03T09:14:58Z For nursing students, disciplinary action can put far more than a grade at risk. A finding of academic misconduct, clinical misconduct, professionalism violations, or other alleged wrongdoing can affect a student’s ability to remain enrolled, complete clinical requirements, graduate, and ultimately pursue professional licensure. When a nursing program takes disciplinary action, students may have important rights under university policies, student handbooks, contracts, and applicable state and federal law.

What Is Due Process?

Due process generally refers to fundamental procedural protections that help ensure a student has a fair opportunity to understand and respond to allegations against them. Depending on the circumstances and the type of institution, due process may include: receiving notice of the allegations, understanding the policies the school claims were violated, having an opportunity to respond, participating in a disciplinary or academic hearing, presenting relevant evidence or witnesses, and appealing a decision when an appeal process is available. The specific protections available to a student can vary significantly depending on whether the institution is public or private, the nature of the proceeding, and the applicable law and institutional policies.

Why Nursing Students Should Take Disciplinary Matters Seriously

Nursing programs often have additional clinical and professional requirements. A dispute that begins as an academic or clinical issue can potentially have consequences beyond the classroom. Students should carefully preserve relevant communications, clinical documentation, assignments, evaluations, policies, and other records. It is also important to understand the allegations before providing a written statement or appearing before a disciplinary committee.

What Should You Do If You Are Facing Discipline?

Do not assume that you have to handle the process alone. An attorney familiar with higher education law can review the applicable policies, evaluate the procedures being used by the institution, research the law and relevant case law in the appropriate jurisdiction, and help you understand your options.  Contact Education Rights Group to schedule a consultation and discuss your situation with an experienced education law attorney. The sooner you seek legal guidance, the better positioned you may be to understand applicable deadlines, preserve evidence, and evaluate your options. *This article is for general informational purposes only and does not constitute legal advice. Laws vary by jurisdiction, and the outcome of any particular matter depends upon its specific facts.]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[Preparing for a Discovery Deposition: What Every Colorado Chiropractor Should Know ]]> https://www.blackandblinklaw.com/?p=48205 2026-08-24T18:18:38Z 2026-08-24T18:00:38Z By Adam Smestad, Esq. Black, Blink & Associates / Personal Injury Attorney  Imagine this. You’re sitting in your office, checking your mail, and you see a letter with lawyer letterhead. A subpoena to testify at a discovery deposition. Now you have to deal with this interruption to your practice.   Even experienced providers may wonder what to expect, what questions will be asked, or whether they need to prepare differently than they would for a patient visit.  The good news is that most discovery depositions are straightforward. If you maintained thorough records, stayed within your scope of practice, and provided appropriate treatment, your deposition is simply an opportunity to explain the care you provided and the opinions you formed during treatment.  Understanding the purpose of a discovery deposition—and preparing appropriately—can make the experience much less stressful. 

What Is a Discovery Deposition?

A discovery deposition is sworn testimony taken before trial. Unlike testimony in a courtroom, it usually takes place in a conference room or by videoconference with a court reporter present. Everything you say is recorded under oath and may later be used during settlement negotiations or, in certain circumstances, at trial.  Under Colorado Rule of Civil Procedure 30, any party may depose a witness with proper notice, and most fact witness depositions are limited to one day of seven hours or less under the applicable Colorado discovery limits unless the court orders otherwise or the parties agree differently. The deposition is designed to allow attorneys to gather information, evaluate witnesses, and preserve testimony before trial. 

Why Are Chiropractors Deposed?

In most personal injury cases, chiropractors are among the most important witnesses because they often: 
  • Saw the patient shortly after the collision; 
  • Documented the patient's complaints and objective findings; 
  • Monitored the patient's recovery over weeks or months; and 
  • Can explain why treatment was reasonable and necessary. 
Unlike retained expert witnesses hired solely for litigation, treating chiropractors are generally testifying about opinions they formed while caring for the patient. Those contemporaneous opinions are often viewed as highly credible. 

What Will the Defense Attorney Ask?

Every case is different, but most discovery depositions cover similar topics.  Expect questions regarding: 
  • Your education, training, and licensure; 
  • Your experience treating motor vehicle collision patients; 
  • Your examination findings; 
  • The patient's history and reported mechanism of injury; 
  • Your diagnosis; 
  • The treatment provided; 
  • Whether treatment was reasonable and necessary; 
  • Whether the injuries were consistent with the reported collision; 
  • The patient's progress over time; and 
  • Whether future treatment was anticipated. 
The attorney will also carefully review your medical records. Any inconsistencies, omissions, or ambiguous language will likely be discussed. 

The Medical Record Is Your Best Preparation

The single best way to prepare for a deposition is to carefully review your chart before testifying.  Pay particular attention to: 
  • Your initial evaluation; 
  • Objective examination findings; 
  • Imaging reports (if applicable); 
  • Re-examinations; 
  • Progress notes; 
  • Discharge recommendations; and 
  • Any narrative reports you prepared. 
Most attorneys are not expecting you to remember every detail of treatment that occurred two or three years ago. They expect you to rely on your records, and there is nothing improper about reviewing them before your deposition. 

Answer Only the Question Asked

One of the most common mistakes witnesses make is volunteering unnecessary information.  Instead: 
  • Listen carefully. 
  • Make sure you understand the question. 
  • Answer honestly. 
  • Keep your answers concise. 
  • If you do not know or cannot remember something, say so. 
There is no prize for having an answer to every question. Speculation creates opportunities for unnecessary cross-examination. 

Stay Within Your Expertise

Chiropractors should testify confidently about matters within their education and clinical experience.  For example, you may appropriately testify regarding: 
  • Chiropractic diagnosis; 
  • Objective findings; 
  • Treatment provided; 
  • Patient improvement; 
  • Functional limitations; 
  • Whether treatment was reasonable and necessary. 
Avoid offering opinions outside your expertise unless specifically qualified to do so. For example, avoid speculating about accident reconstruction, engineering issues, or medical specialties outside your training. 

Remember: Professionalism Matters

Defense attorneys are not only evaluating your opinions—they are evaluating you.  Remain courteous, patient, and professional throughout the deposition.  A calm, thoughtful witness is generally viewed as far more credible than someone who becomes defensive or argumentative.  If a question is unclear, ask for clarification.  If opposing counsel misstates your testimony or your records, politely correct the misunderstanding.   

Why Preparation Benefits Chiropractors

Preparing for a deposition does more than improve your testimony.  It also: 
  • Demonstrates professionalism; 
  • Reinforces the credibility of your treatment recommendations; 
  • Strengthens relationships with referring attorneys; 
  • Improves the value of your patients' cases; and 
  • Makes future depositions significantly less stressful. 
Well-prepared treating providers are often among the strongest witnesses in a personal injury case.   

Final Thoughts

Discovery depositions are a routine part of litigation—not a personal attack on your treatment or your profession.  The best preparation is simple: maintain thorough records, stay within your area of expertise, and take time to review your chart before testifying.  At our firm, we routinely prepare treating providers before their depositions so they understand the process, know what to expect, and can focus on what matters most: explaining the care they provided honestly and professionally.  A well-prepared chiropractor is one of the most persuasive witnesses a jury—or an insurance company—can hear.  For questions or referrals, visit: www.blackandblinklaw.com or call 719-328-1616.    

Authorities and References

This article is for informational purposes only and does not constitute legal advice. Providers should consult qualified Colorado counsel regarding specific lien issues   ]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[What Does It Cost to Hire a Personal Injury Lawyer in Colorado?]]> https://www.blackandblinklaw.com/?p=48202 2026-08-18T19:22:25Z 2026-08-18T19:22:25Z By: Adam Smestad, Black Blink & Associates, 719-328-1616  One of the most common reasons people who are injured in an accident don’t reach out to seek help from a lawyer is one simple thought:  "I can't afford an attorney."  It is understandable that this is a concern after an accident.  Medical bills are already piling up.  You may be missing work.  Your vehicle may need repairs.  The idea of adding attorney's fees to the list can feel overwhelming.  Fortunately, most Colorado personal injury attorneys don't charge clients the way many people think they do. 

Most Personal Injury Lawyers Work on a Contingency Fee

In Colorado, most personal injury cases are handled through a contingency fee agreement.  A contingency fee means the attorney's fee depends on the successful outcome of the case.  In other words, the attorney is paid only if there is a recovery through a settlement or court judgment.  Colorado recognizes contingent fee agreements and regulates them through both the Colorado Rules of Professional Conduct and the Colorado Rules of Civil Procedure. See Colo. RPC 1.5 and C.R.C.P. Chapter 23.3. 

Do I Pay Anything Up Front?

Usually, no.  Most personal injury attorneys do not require an upfront retainer.  That means many injured people can obtain legal representation without writing a large check before their case even begins.  Instead, the attorney's fee is generally paid from the recovery obtained at the end of the case.  Every law firm structures its fee agreements differently, so it is important to ask questions and understand exactly how the agreement works. 

What About Case Expenses?

Attorney's fees and case expenses are not always the same thing.  Case expenses may include things such as: 
  • Medical record fees; 
  • Filing fees; 
  • Expert witness fees; 
  • Deposition costs; 
  • Accident reconstruction expenses; and 
  • Other litigation-related costs. 
Colorado's Rules of Professional Conduct require contingency fee agreements to explain how litigation expenses will be handled and whether those expenses will be deducted before or after the attorney's fee is calculated. Colo. RPC 1.5(c).  You should always understand how costs will be handled before signing a fee agreement. 

Colorado Requires Written Fee Agreements

Colorado takes contingency fee agreements seriously.  Under Colo. RPC 1.5(c), contingency fee agreements must be in writing and signed by the client.  In personal injury cases, Colorado's procedural rules also require attorneys to provide clients with a written Statement of Client's Rights.  Those protections exist for a reason.  The goal is to ensure that clients understand the fee arrangement and can make informed decisions about their representation. 

Is Hiring a Lawyer Worth It?

Only you can answer that question.  Not every accident requires an attorney.  But many people underestimate how quickly an insurance claim can become complicated.  Questions about fault.  Medical treatment.  Lost wages.  Insurance coverage.  Future medical care.  Settlement negotiations.  These issues become much easier to manage when someone is protecting your interests from the beginning.  I've also seen many people wait too long because they were worried about the cost of hiring an attorney.  Unfortunately, that delay can hurt an otherwise strong case.  Evidence disappears.  Witnesses become difficult to locate.  Medical treatment gaps develop.  Insurance companies begin building their defenses immediately. 

The Bottom Line

The cost of hiring a personal injury lawyer in Colorado is often far less intimidating than people expect.  Most personal injury attorneys work on a contingency fee, which means you generally do not have to pay attorney's fees up front.  The most important thing you can do after an accident is learn your options.  A consultation doesn't obligate you to file a lawsuit.  It simply gives you the opportunity to ask questions, understand your rights, and make an informed decision about what happens next.  If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at 719-328-1616 now for a free consultation.    Sources 
  • Colorado Rules of Civil Procedure, Chapter 23.3 – Rules governing contingent fees in Colorado. 
]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[Understanding Colorado felony classes and penalties]]> https://www.blackandblinklaw.com/?p=48184 2026-08-12T15:42:07Z 2026-08-12T15:41:18Z The severity of felony charges in Colorado depends on their classification. State law divides felonies into six classes. The classification assigned to charges determines prison time, parole requirements and fines.

How Colorado structures felony classifications

Colorado uses a numbered system. Class 1 covers the most serious crimes. Class 6 covers the least serious ones. Here is what each class means:
  • Class 1: Life in prison without parole. Includes first-degree murder and treason
  • Class 2: 8 to 24 years in prison. Includes second-degree murder
  • Class 3: 4 to 12 years in prison. Includes aggravated robbery
  • Class 4: 2 to 6 years in prison. Includes certain drug offenses and vehicular homicide
  • Class 5: 1 to 3 years in prison. Includes forgery and higher-value theft
  • Class 6: 1 to 18 months in prison. Represents the lowest-level felonies
Most sentences come with a required parole period. A conviction can also limit your right to own firearms. Fines reach up to $1 million for Class 1 crimes and decrease with each lower class.

When a felony is an extraordinary risk crime

Some felonies carry the label "extraordinary risk crimes.” These crimes carry higher max sentences than the standard ranges above. Certain assault and sexual offense charges fall into this group.

Why pre-file representation matters

Pre-file representation means hiring legal counsel before prosecutors file charges. At this stage, an attorney can review evidence and speak with investigators. In some cases, they may work to stop the state from filing charges at all. Acting early gives your defense a stronger start.

Facing felony charges in Colorado

Colorado felony penalties vary dramatically based on classification. Most people wait until charges are filed before taking action. By that point, important opportunities have already passed. Understanding the potential consequences early can put you in a better position to respond.]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[I Slipped on Snow or Ice. Do I Still Have a Slip and Fall Case? ]]> https://www.blackandblinklaw.com/?p=48175 2026-08-05T14:49:59Z 2026-08-05T14:49:59Z By: Adam Smestad, Black Blink & Associates, 719-328-1616  One of the most common personal injury cases in Colorado in the winter is, no surprise, slips and falls on ice.   You may be wondering – does that amount to a viable personal injury case?  The answer is: Maybe.  Many people believe that property owners are never responsible for injuries caused by snow or ice because Colorado has harsh winters.  That simply isn't true.  Like most legal questions, the answer depends on the facts. 

What Is the Natural Accumulation Doctrine?

Colorado recognizes what is commonly referred to as the natural accumulation doctrine.  In simple terms, the doctrine recognizes that snow and ice naturally accumulate during Colorado winters, and property owners are not automatically responsible every time someone slips.  The law does not require every sidewalk, parking lot, or entryway to be perfectly clear every minute of every day while it is snowing.  But that does not mean property owners are immune from liability. 

Property Owners Still Have Responsibilities

Colorado premises liability cases are governed by the Colorado Premises Liability Act, C.R.S. § 13-21-115.  Under that law, landowners may be responsible for injuries caused by dangerous conditions on their property when they knew or should have known about the condition and failed to exercise reasonable care under the circumstances.  In short, if the snow or ice that caused your fall was only present at that location because of some defect on the property, the landowner may be liable.   The Colorado Supreme Court has explained that the Premises Liability Act establishes the exclusive framework for determining a landowner's liability for injuries occurring on real property. Vigil v. Franklin, 103 P.3d 322 (Colo. 2004).  In other words, simply because snow or ice formed naturally does not automatically end the analysis. 

When Can a Property Owner Be Liable?

Every case is different, but courts often look at questions such as: 
  • Had the snow or ice been present long enough that it should have been addressed? 
  • Did the property owner have notice of the dangerous condition? 
  • Was the area regularly used by customers or visitors? 
  • Had the owner made the condition worse through poor maintenance or drainage? 
  • Were reasonable snow and ice removal efforts undertaken? 
Sometimes the dangerous condition isn't the snowfall itself.  It may be melting snow that repeatedly refreezes because of a broken gutter.  It may be an improperly sloped sidewalk that allows ice to accumulate.  Or it may be a business that simply ignored an icy entrance despite knowing customers would be walking through it all day.  Those facts can make a significant difference. 

Don't Assume the Insurance Company Is Right

After a winter slip and fall, insurance companies often argue that the hazard was simply a "natural accumulation" of snow or ice.  Sometimes that argument is valid.  Sometimes it isn't.  Determining whether a property owner acted reasonably requires looking at the entire situation—not just the weather.  Attorneys will often examine photographs of the scene, maintenance records, surveillance videos, witness statements, sometimes even weather reports.  All of these pieces of evidence can become important. 

Time Matters

If you've been injured in a slip and fall, don't wait to investigate your claim.  Defects are corrected. Snow melts, ice disappears, security videos get wiped and reused, witnesses forget.   The sooner an attorney can begin preserving evidence, the better your chances of accurately determining what happened and whether the property owner may be legally responsible. 

The Bottom Line

Just because your fall involved snow or ice does not automatically mean you don't have a case.  Colorado law does not require property owners to prevent every accident, but it does require them to act reasonably under the circumstances.  Every slip-and-fall case is different.  Before assuming your injuries are simply "part of living in Colorado," it is worth speaking with an experienced personal injury attorney who can evaluate the facts, preserve evidence, and explain your legal rights.  If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call Black, Blink & Associates at 719-328-1616 now for a free consultation.   Sources 
  • Vigil v. Franklin, 103 P.3d 322 (Colo. 2004) (holding that the Colorado Premises Liability Act provides the exclusive remedy against landowners for injuries occurring on their property). 
]]> On Behalf of Black, Blink, & Associates LLC <![CDATA[I Was Hurt at Work. Do I Have a Workers’ Compensation Claim or a Personal Injury Case?]]> https://www.blackandblinklaw.com/?p=48171 2026-07-21T12:35:45Z 2026-07-21T12:35:45Z By: Adam Smestad, Black Blink & Associates, [nap_phone id="LOCAL-CT-NUMBER-1"]  When you get hurt at work, one of the most common questions is: Do I have a workers’ compensation claim or a personal injury claim?  Depending on how the accident happened and who caused it, you may have a workers' compensation claim, a third-party personal injury claim, or—in some cases—both.  Understanding the difference can have a significant impact on the compensation you may be entitled to receive. 

What Is a Workers' Compensation Claim?

Workers' compensation is designed to provide benefits to employees who are injured on the job, regardless of who was at fault.  In exchange for those guaranteed benefits, Colorado law generally prevents an injured employee from suing his or her employer for negligence. This is known as the exclusive remedy rule. See C.R.S. §§ 8-41-102 and 8-41-104.  Workers' compensation benefits are different than personal injury claims. Workers’ compensation benefits may include: 
  • Medical treatment; 
  • Partial wage replacement while you're unable to work; 
  • Permanent impairment benefits, if applicable; and 
  • Vocational rehabilitation in certain circumstances. 
Unlike a personal injury lawsuit, workers' compensation generally does not compensate you for pain and suffering, emotional distress, or loss of enjoyment of life. 

What Is a Third-Party Personal Injury Claim?

A third-party claim, or more commonly known as a personal injury claim, arises when a third party - someone other than your employer or a co-employee - caused your injury, whether at work or elsewhere.  Common examples include: 
  • A distracted driver hitting you while you are driving for work; 
  • A negligent subcontractor on a construction site; 
  • A defective product or piece of equipment; 
  • A negligent property owner; 
  • An outside vendor or contractor. 
In those situations, you may be able to file a negligence lawsuit against the responsible third party while also pursuing workers' compensation benefits.  Colorado law recognizes negligence claims against third parties whose conduct causes injury. See C.R.S. § 13-21-111. 

Why Does the Difference Matter?

The difference can be substantial.  A workers' compensation claim provides important benefits, but those benefits are limited by statute.  Personal injury claims, however, allow for much broader damages to recover. In addition to those items included in a workers’ compensation claim, a third-party personal injury claim may allow you to recover for: 
  • Pain and suffering; 
  • Emotional distress; 
  • Loss of enjoyment of life; 
  • Full lost wages and earning capacity, where appropriate; and 
  • Other damages permitted under Colorado law. 
Depending on the facts, a third-party claim may result in significantly greater compensation than workers' compensation benefits alone. 

Can I Have Both a Workers’ Compensation AND personal injury case?

Yes.  Many injured workers have both a workers' compensation claim and a third-party negligence claim arising from the same accident.  For example, imagine you are driving for work when another driver runs a red light and causes a crash.  Your workers' compensation insurance may pay your medical bills and wage-loss benefits.  At the same time, you may also have a negligence claim against the at-fault driver.  If both claims exist, Colorado law provides that the workers' compensation carrier may have a right to reimbursement (known as subrogation) from portions of any third-party recovery. See C.R.S. § 8-41-203.  Properly coordinating these claims is critical to maximizing your recovery. 

Don't Assume You Only Have One Claim

One of the biggest mistakes I see is someone accepting that they "just have workers' comp" without asking whether another person or company may have contributed to the accident.  Construction accidents.  Commercial vehicle crashes.  Delivery driver collisions.  Defective machinery.  Unsafe job sites.  These situations frequently involve multiple parties and multiple insurance policies.  An experienced personal injury attorney can investigate the accident, identify every potentially responsible party, and determine whether additional compensation may be available. 

The Bottom Line

Just because you were injured at work does not automatically mean your only remedy is workers' compensation.  Many workplace accidents involve negligent third parties, opening the door to a separate personal injury claim that may provide compensation unavailable through workers' compensation alone.  If you've been injured on the job, don't assume you know what type of case you have.  A consultation with an experienced attorney can help you understand your rights, identify every available source of recovery, and ensure you don't leave compensation on the table.  If you have questions about a Colorado injury claim, we’re happy to talk through your situation and help you understand your options. Call B[nap_names id="FIRM-NAME-1"] at [nap_phone id="LOCAL-CT-NUMBER-1"] now for a free consultation.  Sources 
  • C.R.S. § 8-41-102 – Workers' Compensation Act as the exclusive remedy against complying employers. 
  • C.R.S. § 8-41-203 – Subrogation rights when a third party is responsible for a workplace injury. 
  • Miller v. Byrne, 916 P.2d 566 (Colo. App. 1995) (discussing an employer's workers' compensation subrogation rights following a third-party recovery). 
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