Holiday injuries and how to prevent them: In the home

It's that time....holidays.  Accidents, Accidents, Accidents.  On the road and in the home accidents seem to be part of the holiday season.  


In this blog I want to focus on accidents in the home:  According to safety at home EVERY MINUTE 17 children are admitted into emergency rooms for unintentional accidents.  




The type of accidents that happen are:

• Most common:  We love lighting candles during the holidays and this simple joy will cause more than 15,000 homes to be effected.  This results in 166 deaths, 13,000 injuries and costs $450 million dollars in property damage.  NFPA (June 2010).
• Decorating for the holiday season account for about 5,800 injuries sustained from falls.  This is an average of two-three EVERY HOUR emergency room visits.  CDC Fall-Related Injuries During the Holiday Season (2004).
• The all too common Christmas Tree fires:  Result in about 14 deaths per year, 26 injuries per year and 250 home structure damage with 13.8 million dollars in property damage.  NFPA Home Christmas Tree and Holiday Light Fires (2009)

Why does this happen and what can we do to lower these accidents?  

picture provided by freechristmaswallpapers.net

• If you leave your home and it smells good.....check your candles.  Even if you KNOW you blew them out.  Check again. 
• Never leave candles burning while you sleep.
• Never leave candles burning within the reach of a small child no matter how many times you have talked to them about candles.  Children love pretty things.
• If you have a real Christmas tree make sure it doesn't dry out.  I love real Christmas trees but I want my tree up sooner than the real one will live.  Remember...if you have an artificial tree a fire can still start so take precautions.  Try to find a place to put your tree that is not next to curtains, couches, chairs or anything else that would fuel that fire.
• We all love a crackling fire.  Make sure your chimney is cleaned out, you have the proper cover for your fireplace and nothing is too close to the fireplace to catch fire. 
• If you are climbing a ladder to decorate your home....never do it alone.  (No your partner cannot be in the house).  Always have someone with you OUTSIDE while decorating.  
• Check your smoke detectors!!  If you read the blog about time change (if not click HERE) you have changed your batteries but not all batteries are created equal. Even if you buy GREAT batteries there are some that don't have the "juice" it should so before the tree goes up....check your smoke detectors again.  As long as your tree is up check them daily as you never know when that bad battery will lose its juice.

A few minutes a day could save your life or the life of a loved one.  We love the holidays and we get excited about all that is included with the holidays.  Let's get excited about being safe along with your holiday traditions.

Please share your holiday safety tips....you never know if something you do can save someone else from disaster.  





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Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

What is your accident and your time worth to you?

You want how much?

I have written before about understanding contingency fees but I want to expand on it a little more.

There are many people out in the world today that want to tell you that you will pay more doing a contingency fee than you do any other type of payment.  I want to clear the air about this:

1. I have said this before but it bears repeating:  It is the Personal Injury Attorney that assumes all the risk when taking your case.  If you don't win they do not get paid.  
2. They pay all the upfront costs to move your case forward.  Obtaining past medical records IS NOT CHEAP and they have to have the full picture to fight you case for you.  When you meet with a Personal Injury Attorney and have your consultation they are trusting what you say to determine whether they can win.  BUT the insurance companies don't trust what you say.....it has to be proved.
3. Just because there isn't any "progress" on your case doesn't mean your Attorney is not working on it every day!  It is a fight with the Insurance Companies to get you what you deserve....if it was simple you wouldn't need an Attorney.  If Insurance Companies just wrote the check they promised you...you could do it.
4. Most Personal Injury Attorney's have to return your calls, when you call, because they are on the phone with professionals or your insurance company fighting for you.  These people are very hard to get a hold of so when you have them on the phone you handle business so don't be discouraged when you have to leave a message.  Be concerned when your calls are NOT returned.

Imagine your job.  Imagine working every day to complete your job.  Imagine that you do not get paid unless the job is complete.  You dedicate time of each and every day to this job while paying out of YOUR POCKET to get the necessary information you need to do the job.  Now remember...there is no guarantee you will ever see a dime unless you do your job well.

Many of you know that I was involved in a car accident.  After my car accident I didn't have the energy to fight the Insurance Companies (mine and the other guys).  I also didn't have the time to get all my medical files together so my Attorney (Carol Zeisler) had all the facts.  I also hadn't been to a doctor in the previous ten years so she had to prove a negative.  Proving a negative is difficult...you have to prove something that does not exist.  She had to prove my injuries were not pre-existing injuries without any medical reports to do so.  I love one of Carol Zeisler's quotes when she represents a client with pre-existing injuries:

"Is there anyone on the road today that doesn't have some type of pre-existing injury?  If there is your client should have aimed better!"

This is EXACTLY the type of representation YOU want if you are in a car accident.  Someone who is going to stand up to the Insurance Companies and tell them THEY are wrong for looking for excused NOT TO PAY YOU!!!

We are smart people...we don't believe the commercials that tell us, "Buy this product and you will.....

• get rich
• get thin
• get healthy

so why do we believe the commercials that say "XYZ Attorney got me 2.2 million dollars" and think that is what they will get for us.  TRUTH.  They have to work within the same guidelines as any other Personal Injury Attorney within that State and YOUR insurance policy.  Yes, they probably did get that one client that.....but I promise you this....the circumstance behind that case are not the same as yours.  You want the Attorney on television who NEVER meets their clients....or do you want the Attorney who actually meets with YOU and is too busy fighting for your rights to make commercials.

We've all heard the term Ambulance chasers, right?

"Ambulance chasing is a term associated with lawyers. It refers to an attorney’s practice of soliciting business from accident victims or their families at the scene of an accident or disaster. Trial lawyers who specialize in representing accident victims are often described as ambulance chasers. Ambulance chasing may involve the chasing of an ambulance from an accident scene to the hospital in order to contact the victim/victim’s family members for consent to represent him or her in a lawsuit.
In the U.S., such conduct violates Rule 7.3 of the American Bar Association Model Rules of Professional Conduct. Some state bars strongly enforce rules against ambulance chasing. Ambulance chasing is severely condemned, and said to be a ground for disbarment. However, the employment by an attorney of an investigator in personal injury cases is not unethical, and it cannot be inferred from such employment alone that the attorney is engaged in ambulance chasing. [In re Mitgang, 385 Ill. 311]. The employment of investigators after an attorney has been retained is not unethical and does not give an inference that the attorney involved is engaged in "ambulance chasing." [In re Ratner, 194 Kan. 362 (Kan. 1965)]."  (uslegal.com)

Since Attorneys cannot do this anymore....they go on television and promise you the world.  The "legal" way to chase ambulances.  Find a respected Attorney that works hard for you.  Find a respected Attorney who meets with you.  Find a respected Attorney who's reputation speaks for itself....not an actor or an "actual client" on television.


Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Prepare for winter driving

Black ice.  One of the dangers of winter.  Driving on ice is dangerous enough but when you can't see it...it becomes more dangerous.  






I know the thought of snow and ice is not what most of us want to think about but we need to start remembering what to do on the road when winter hits.  If you have new teenage drivers now is the time to talk to them about this.

Black ice is called black ice because it is transparent and you can see the asphalt through it...so it looks like the road.  The one difference is sometimes it is "shiny" compared to the rest of the road.

What to do when you hit black ice:

1. Remove your foot from the pedal immediately!  The last thing you want to do is give your car more acceleration while sliding.
2. Press on the brake.  This part is complicated because what you do will be determined by what your brake system is.  Most newer cars have anti-lock brake system so you would press down on the brake pedal and allow your Anti-lock brakes to do the "pumping" for you.  You will feel the pumping action.  If your car doesn't have Anti-lock brakes than you will have to manually pump your brakes in a smooth even fashion.  
3. Look ahead.  You want to do this so you can avoid any "trouble" spots ahead of; on-coming traffic, a light pole or tree, ditch, etc.  If you are driving and not sliding always be looking for black ice.  If you see it lift your foot off the brake and shift down.
4. Turn your steering wheel into the direction you are sliding.  So, foot off the gas, brake pedal (as your car requires) and steer into the direction of the slide.  This will give you better control.

Remember:  Four wheel drives are not any safer on ice.  Drive safe and be careful...winter is coming.

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

The good fight after a car accident

Let's face it....Insurance companies did not become a billion dollar industry because they look after you, because the take care of you, because they do the right thing.  They became a billion dollar industry because they have all these little clauses that are used when they say:

CLAIM DENIED.

Medical costs are through the roof.  Insurance premiums are through the roof.  Unemployment is through the roof.  One car accident can destroy everything you have worked hard for.

Since I started writing about car accidents many people have shared their experiences with me.  I want to share a story about one person's car accident:

A twenty-five year old girl, fresh out of college is heading to her first real job.  She started a week ago in a field that she loves, an environment she loves and co-workers that she loves.  She is going down the road (two lane highway) when two cars fly by her.  She slows down so she is not hit.  Whew, that was a close call.  She comes up to an exit and she sees one of those cars signaling to take the exit.....BUT at the last minute the person changes their mind and swerves into her lane....hitting her passenger side.  She swerves to miss it but it's too late.  The impact of the car hitting her throws her into the other lane and she is hit head on by another car. She is flown, flight for life, to the nearest hospital, and things don't look good.  She spends nine days in the ICU and another week in the hospital.  Her diagnosis:  paralysis from the neck down and mild brain damage.  Her bright future in her new job....over.  The person who caused the car accident....a few bumps and bruises.  The person who hit her head on....collapsed lung (this person was a long distance runner).  The person who caused the car accident had the state minimum for insurance 25,000/50,000 coverage.  This means that all parties get $50,000 TOTAL for their injuries in this car accident.  This girls ICU bill exceeded that!  Her insurance company says, "don't worry your insurance will pick up the difference."  Well, because she was fresh out of college and just starting her career she had the state minimums also.  While fighting for her life her family was fighting the insurance companies.

It wasn't until the family decided to hire an Attorney did things start to happen.  You see we all think of Attorneys as the bad guys.  The "scum suckers" of the earth who are only out to make a buck at our expense.  Here's the problem....who do you think are the insurance adjusters who make the final decision?  They are usually Attorneys!!! 

Yes, it is not cheap to hire an Attorney.  Yes, they do charge fees for their services.  BUT hiring the right Attorney is worth it!  We don't mind paying for services like our hair being done, nails being done but the thought of hiring an Attorney....forget it.

Here's the happy ending that I promised this girl I would share:  Her Attorney was able to get her the rehab she needed (you see her paralysis was temporary if the right rehab was used) and after a year she was able to walk again.  Her mild brain damage....with therapy was under control and was able to start her career over three years after the accident.  

So, how much do you think this was worth?  Her words, "Every penny that the Attorney was paid for her representation and more."

Not every story has a happy ending...life just does not work that way.  But if you want a fighting chance for the happy ending it is worth the good fight!!

Carol Zeisler, Attorney at Law
Personal Injury Attorney

If you would like to share your story please do.  If you would like to remain anonymous please submit your story here (anonymously) and it will come to my email.  Please tell me not to post your comment and I will not.  I will write about your story as I did hers.  I hope I did her story justice.



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What to do when the time changes

The dreaded time change in the fall.  The only good thing is we get an extra hour of sleep, right?  

Let's look at the time change a little different and it's not going to make it easier to adjust but it may save your life.

We have all been told to pick a day of the year to change the batteries in our smoke detectors and now we add our carbon monoxide detector to this list.

I don't know about you but the batteries in my smoke detector only get bad in the middle of the night.  You hear that "chirping" that drives you CRAZY and if you have a dog who's ears are sensitive...that is even worse.

I did the "pick a day" to change the batteries and for the most part...I stuck with it.  BUT...it never failed that one of my smoke detectors wouldn't make the year and at 3:00 am in the morning my  85 pound dog was up on my bed crying.  So sleepy I had to find the step ladder and a battery and wait....."chirp" okay it's on the north side.  Down to four smoke detectors it could be.  "Chirp"  where the heck is it coming from.  (Dog still going crazy and NO HELP in determining which smoke detector needs a new battery.)

"Chirp"  ahhhh found it.  Climb the step ladder, change the battery and up the rest of the night.

So what do I do now?  I change ALL of the batteries every time the time changes.  It is now known as "Time to change" the batteries.  This makes it simple because the news tells me to go to the store and stock up on batteries weeks before I need to change.  How cool is that!  

I don't have those 3:00 am wake up calls anymore because of the one bad battery in a thousand that I always seemed to have.  Of course that one bad battery couldn't have been in the television remote...it was always in the smoke detector.

Aside from the annoyance I am happy I have smoke and carbon monoxide detectors in my home.  They are there to save my life, my family's life and the life of my pets so twice a year I change the batteries in the daytime, without the chirping and awake.

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2nd Annual Scavenger Hunt for PAWS for Life, Pueblo

It's that time again...Halloween.  This time of year is fun for all ages.  What's really fun?  Scavenger Hunts...what's even funner....doing a Scavenger Hunt to help animals.  The first annual scavenger hunt was 2011 and was a big success!  This year we want to make it even better!!

How it works:  FIRST THING YOU NEED TO KNOW...........IT IS FREE TO PARTICIPATE!!!

Saturday, October 27, 2012
We start at PAWS for Life, Pueblo at 3:00 PM.  800 N. Pueblo Blvd. Pueblo, CO
Costumes are not required but recommended!  You can work alone or in a group!
You will be given places to go on the scavenger hunt; the list is must be taken to all businesses to be signed off on.

HINT:
Pet Paradise:  1115 Pueblo Boulevard Way Pueblo, CO
PetSmart:  4230 North Freeway Road Pueblo, CO
Petco:   5843 North Elizabeth Street, Pueblo, CO
are three of the stops (imagine that)

There are three hidden clues for the other business participating this year. 
HINT:  They are all in Pueblo West

You will be given a list of items that PAWS for Life, Pueblo needs that you may purchase if you want (not required to participate).  The list is below BUT you cannot purchase any of these items to be counted towards your donations until October 20th!  The items AND the receipt must be turned in at the end of the Scavenger Hunt.

When you go to the participating business you have to EARN the donations.  They can have you do anything to earn them.  The better you do the more you earn for PAWS for Life, Pueblo.  

SIX by SIX:  This means you have six places to go by 6:00 PM.  You have to be at 
Jimmy's Tavern 324 S. Mc Culloch Blvd., Pueblo West, CO  by 6:00 PM with your donations and signed sheets.  At this time the amount donated will be tallied up (this will include any purchases you made out of the kindness of your heart from the week of October 20-27th.)  

The winning person or team will win a $50.00 bar tab at Jimmy's Tavern.  Jimmy's Tavern will also be providing food for us.  

EVERYONE is encouraged to participate, all ages.  Prizes for children will also be provided.  

At Jimmy's Tavern there will be baskets that have been generously donated for everyone to try and win!  

EVERYTHING to put this scavenger hunt on has been DONATED!  Monies have been paid by the sponsors; 100% of everything, money, donated items, etc. goes to PAWS for Life, Pueblo. 

A GREAT BIG THANK YOU TO OUR 2012 SCAVENGER HUNT SPONSORS!!!

American Bank of Commerce

Pueblo, CO  719-595-7300

Local Motors

Pueblo, CO  719-546-1250

Rental Services

Nick Katzer 719-240-4639

Presidential Brokerage

Robert Stanlick  719-278-9712

Legal Edge

Rhonda Sposato  719-543-7455

VS Accounting

Pueblo, CO  719-543-8680

The Hassler Law Firm

Pueblo, CO  719-544-2929

Mobile Record Shredders

Pueblo, CO  719-544-5460

Manweiler Trucking

Now Hiring Drivers  719-543-0585

Jimmy's Tavern

Pueblo West, CO  719-647-1442

American Family Insurance

The John Zanotelli Agency  719-543-8744

Farm Bureau Insurance

The Teena Dodson Agency  719-924-9049

The Cheryl Cordova Agency  719-696-8697

Southwest Motors

Hwy 50  719-545-5700

Santa Fe:  719-542-2677

The UPS Store

Pueblo, CO  719-543-5800

Bark Hill Properties, LLC

Pueblo, CO  719-696-9973

Zeisler & Associates, Attorneys at Law, PC

Colorado Springs/Pueblo  719-358-2571

American Pool Players Association

John and Barb Anderson 719-404-3277

Coats & Tails Pet Grooming

Pueblo West, CO  719-547-8599

Arly's Hang-Up

Pueblo West, CO  719-547-3009

Premier Back Rehabilitation Center 719-924-5977

Colorado Car Wreck 719-778-9340

Pueblo, CO  

Freedom Consignment & Antiques

Pueblo West, CO  719-406-8196

Hymark Motorsports, Inc.

Pueblo West, CO  719-547-3478

Ed & Irene Russell

If you are in the area of any of these business or if you know any of them please give them a great big thank you!  

If you would like to donate a basket please contact Rhonda at 719-369-3921.

We would love to have some businesses challenge other business to see who can get the most donations!  

Let's rock this scavenger hunt this year!!!

Is your furnace ready for winter?

This time of year.....talk about confusing.  It's 80 degrees during the day and 30 degrees at night?


Time to switch from the air conditioning or swamp cooler to the furnace.  It is a sad day when this happens but it must be done.

If you have stacked anything near the furnace clean the area.

In case you have forgotten when you turn your furnace on for the first time....it stinks.  I always turn mine on during the day when I can have the windows and doors open to air out this unavoidable part of turning the furnace on.


Before you turn it on....make sure the pilot light is lit.  I know, it seems like a simple thing but the heating repair guys LOVE this.  It won't start, you call them, minimum $50.00 service charge and they light the pilot light.

Air Filter:  I always suggest to purchase your new air filter in the spring so you have it ready for you in the fall.  (Make sure you keep it sealing in a clean area...I always tape mine up in a garbage bag and store it in a closet inside the house).  Change your filter before you start it up the first time so when you turn it on it doesn't blow any dirt and dust into the house. 

Clean the area around your furnace from dust and other debris that likes to collect there.  Check the burners and other areas for dust, rust and possible misalignment.   

Check the vent that releases the CO2 gas is clear of any obstructions.  This is a good time to check your carbon monoxide detector and replace your batteries.   Speaking of batteries remember to change your smoke detector batteries:  good rule of thumb any time the time changes change your batteries.

Open the windows and doors on a nice day and turn your furnace on. 

It is good to have your furnace checked by professions every other year at a minimum. 





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