Personal injury claims arise when one person’s negligence or intentional acts leads to the injury of another. Oftentimes “negligence” will be found where one party breaches his or her duty to act with reasonable care. What is “reasonable care”? Often that will be defined by the circumstances of the injury, and any resulting liability will be determined by the relationship between the parties.

Successful claims for personal injury must consider liability, causation, and damages. Defenses against claims for personal injury may include intervening causes, pre-existing conditions, comparable negligence, and failure to mitigate damages. Personal injury claims are often covered by insurance of one form or another. A successful plaintiff in a personal injury suit may recover damages for medical expenses, lost wages, lost future earnings, pain and suffering, permanent disfigurement, emotional distress, loss of consortium or companionship, costs, and even sometimes attorney fees.

Worrell, Durrett, Jaynes & Gavrell, P.C. attorneys have handled all kinds of negligent and intentional personal injury claims, including, but not limited to:

• • Slip and Fall cases
  • Negligence causing personal injury
  • Premises Liability
  • Defective Products / Product Liability
  • Intentional personal injury torts (e.g., assault)

Automobile and Truck Collision cases, Medical Malpractice cases and some Construction Defect cases also involve personal injuries, but we have categorized these claims separately on this website, and these sections can be visited using the links above. Also, you can view our Representative Cases section for more information on the firm's work in this area over time.

If you have been injured as a result of another person’s or corporation’s negligence, indifference, carelessness or intentional conduct, contact WDJG for an evaluation of your claim.

Medical Malpractice claims arise when a medical professional falls below the professional standard of care in his profession, thereby causing injuries to the patient. Non-medical professional malpractice can include claims for breach of fiduciary duty, fraud, mismanagement, errors in judgment, misconduct and carelessness. Professional malpractice cases can be brought against:

• • Doctors / Nurses / Pharmacists
  • Dentists / Dental Assistants
  • Chiropractors
  • Engineers and Architects
  • Real Estate Brokers and Real Estate Appraisers
  • Plumbers and Electricians
  • Surveyors
  • Attorneys

Malpractice claims are important claims. When doctors, nurses, caregivers or dentists commit malpractice, patients can be killed, seriously injured, exposed to dangerous risks or permanently disabled or disfigured. When non-medical professionals commit malpractice, the people relaying on their services can incur substantial damages for relying on bad advice, through no fault of their own. 

Because the costs of hiring medical experts to evaluate and testify in malpractice cases are often high, the prosecution of malpractice cases becomes complex and may be prohibitive for many firms. Not so for Worrell, Durrett, Jaynes & Gavrell, P.C.; the firm has successfully represented clients in dozens of these cases over its twenty-year span, just a few of which are highlighted in our Representative Cases section. 

Quality assessment of medical malpractice cases requires that the case be investigated early, and that the attorney involved be familiar with the medical conditions involved, as soon as possible. The Colorado legislature has imposed numerous deadlines that must be satisfied or a patient may lose his or her claims against the professional. Evidence of the malpractice often requires prompt action by the patient to preserve the ability to prove how the error occurred, and what his or her damages are or may become. Thus, it is important to act promptly, and to have an attorney who can quickly and competantly assess potential claims.

If you have been harmed or financially damaged, or a family member has been killed through what you believe to be the malpractice or negligence of a professional, we look forward to the opportunity to assist you in evaluating your potential claim, and encourage you to contact our office without delay.

Worrell, Durrett, Jaynes & Gavrell, P.C. has developed a specialized practice in trust and estate litigation and will contests. This area of litigation presents unique challenges, often involving misrepresentation, theft, concealment, failures to act, incompetency of a party to a will or trust, and competing accusations of family members under strained circumstances and strong emotions.

WDJG attorneys have experience prosecuting large estate cases, and have demonstrated their qualifications in representing fiduciaries and beneficiaries in trust and estate disputes, both in their defense and and in prosecuting claims against them as fiduciares by beneficiaries and family members. Our attorneys have litigated numerous claims related to the validity of estate transfers, including claims where there have been concerns with proper execution of documents, testamentary capacity, undue influence, fraud, mistake, attorney's conflicts of interests, prohibited transfers, and forgery. The firm has experience in:

• • Will and trust contests
  • Defense and prosecution of breaches of fiduciary duty, such as asset mismanagement claims and trust allocation disputes
  • Undue Influence / Lack of Testamentary Capacity claims
  • Actions to remove fiduciaries
  • Forgery / Void deeds

Controlling litigation costs in Estate cases is a necessity. Consideration must be give to the costs of litigating claims in light of the size of the estate and the alternatives available for resolution of disputes. Consideration must also be given to whether the estate or other parties will be responsible for paying the costs our clients incur in these cases. We address how to preserve and protect fiduciaries' ability to have a trust or probate estate pay their legal expenses or, when representing beneficiaries, preventing the estate's fiduciaries from depleting the assets of the estate by incurring excessive attorney's fees.

View our Representative Cases section for more information on the firm's work in this area, and contact us to set up a time to meet with you and evaluate your potential claim(s). 

Automobile, truck, and motorcycle collisions can cause devastating long term damages from physical injuries, medical costs, lost work, and a lingering inability to enjoy life following the collision, even when bones are not broken and damages may not be immediately obvious.

Collisions involving semi-trucks cannot be handled like a routine car crash. Not only are the forces and damages caused by these collisions greater than a typical car accident, the complexity of the state and federal regulations must be understood, and the insurance coverage options must be fully investigated.

Insurance defense lawyers have access to investigators and experts that specialize in defending automobile and truck collision cases. Worrell, Durrett, Jaynes & Gavrell, P.C. has experience with these sorts of accidents, and can provide the investigation and analysis necessary to maximize clients' recoveries.

Even in “minor fender benders,” severe neck, back, and even brain injuries often occur. All collisions, and every client’s injuries, are unique. WDJG attorneys have represented victims of collisions who have suffered serious injuries, including everything from herniated disks, broken spinal bones, impinged spinal nerves, and cognitive injuries and brain injuries, to broken legs, arms, and wrists, headaches, vision problems, hearing problems, pain and numbness of extremities and strained neck muscles.

Many drivers have weakened backs, but when these latent injuries are aggravated by the intense forces in play in an auto collision, back injuries are often exacerbated up and become symptomatic. The sudden onset of neck and back injuries following collisions often create considerable costs and lost income as the driver seeks relief through medical procedures that may include everything from physical therapy to chiropractic work to major surgeries.

In addition to the physical injuries and costs of medical treatment, damages from an auto collision also may include lost work immediately following the collision, and the loss of the ability to continue to work, or to proceed with plans for a new career. Other damages can include an inability to continue with an active sports life, a change in relationships, and the general loss of the ability to enjoy life as before the collision. Without an attorney’s assistance, victims of vehicular accidents who opt for a quick settlement with an insurance company might not fully recover their damages, or may even render themselves ineligible for reimbursement for long-term care if latent injuries manifest later. Attorneys at Worrell, Durrett, Jaynes & Gavrell, P.C. have experience with claims arising from:

• • Major truck accident cases resulting in serious injuries, permanent disabilities, or death.
  • Automobile accidents resulting in serious injuries and permanent disabilities, including rear end collisions, head on collisions, and injuries to passengers.
  • Motorcycle accidents resulting in serious closed head injuries

In addition, before joining our firm, one of our partners spearheaded a products liability case against a major U.S. auto manufacturer for defective design of a vehicle, resulting in death.

If you have been injured, or a family member has been killed in an automobile accident or an accident involving a semi-truck, we look forward to the opportunity to assist you, and encourage you to contact our office. View our Representative Cases section for more information on the firm's work in this area.

People and companies rely upon contracts to define their interests, risks, and rights when they do business with each other. When those contracts become the subject of dispute, it is often necessary to consult with an attorney to interpret and enforce the contract. When the parties still cannot resolve their differences of opinion, it may be necessary to ask a judge to resolve the dispute. Leases are a form of contract, and disputes frquently arise under leases.  

Contract disputes arise in an infinite number of contexts. Issues that frequently arise include meeting or failing to meet timelines, or the failure of one party to live up to the reasonable expectations of the other. Lawsuits may be necessary to resolve issues as to the quality or quantity of goods ordered, the timeliness of delivery, or the interpretation of agreements for the provision of services. FED actions to evict tenants may be required when leases have been breached, and tenants may need to breach their lease and bring actions for return of their security deposits when their landlord has failed to live up to his or her side of the agreement. 

Contract and lease disputes require careful review of the contract or lease, consideration of the circumstances and the client’s needs and desires, and the application of the relevant law. At Worrell, Durrett, Jaynes, and Gavrell, P.C., our goal is to move you past your dispute, to secure an outcome that maximizes your profit, minimizes your risks and costs, and gets you as quickly as possible out of the dispute or litigation and back to your business and life. We offer our clients knowledgeable and experienced attorneys who possess strong litigation skills, with the analytical ability to identify and achieve effective resolutions.

If you have a construction contract, a business contract, a real estate contract, an employment contract, a lease or a contract for the provision of complex goods or services which is in dispute or involved in litigation, contact Worrell, Durrett, Jaynes, & Gavrell, P.C. to let us help you analyze your situation and provide you with experienced, targeted advice regarding your options and remedies.

For more information on the firm's work in this area, view our Representative Cases section. 

Ownership of real estate and the buying/selling of real estate sometimes creates issues that make it necessary to seek protection in court. Worrell, Durrett, Jaynes & Gavrell, P.C. has actively litigated cases in many areas of real estate practice in order to preserve clients’ interests in what frequently is the largest asset they own. Our litigation of real estate cases has included:

• • Adverse Possession / Quiet Title
  • Easement disputes
  • Disputes over ownership of ranch properties
  • Fence line disputes
  • Trespass
  • Nuisance
  • Surveyor malpractice and professional liability
  • Covenant violations and Homeowner Disputes
  • Zoning / Code enforcement and variances
  • Landlord / Tenant disputes, evictions and FED actions

View our Representative Cases section for more information on the firm's work in this area over time.

If you are embroiled in a real estate or boundary dispute that is in litigation or may be heading that way, contact us to set up a time to meet with you and discuss your claim(s). We look forward to the opportunity to assist you.

With luck and good planning, small businesses can successfully turn into big businesses. Often, the informal agreements which may form the organizational basis for closely held corporations, LLCs, and partnerships create problems when small businesses develop, expand, or, unfortunately, when profitable businesses fall on hard times.

In such circumstances, owner and shareholder disputes arise. A shareholder dispute happens when different shareholders, members, or partners begin to argue over the ownership of their business. Such disputes can occur when one shareholder or member takes advantage of the other who has less of an ownership interest, or when one member or shareholder no longer follows the Operating Agreement or Shareholder Agreement and begins to act unilaterally to the detriment of the business, over the objections of the others.

Sometimes the remedies in such circumstances may be contained within the relevant agreements that just need to be enforced. Sometimes a buy-out may be the best option. A Shareholder Derivative Suit may be required, where a suit is brought by a shareholder on behalf of the company against the officers and directors of the company. Shareholder Derivative Suits may be brought to cure perceived breaches of fiduciary duty, excessive officer compensation, proxy violations, related party transactions (cronyism), misappropriation of corporate opportunities, and corporate waste. Sometimes a suit for personal damages is required, or a suit seeking a court order judicially dissolving the entity itself.

Sometimes, a partnership agreement may be breached where no formal entity has even yet been formed. If a group of people embark on a partnership together for the purpose of forming an entity or accomplishing a business goal, and one or more contribute resources and the partnership later falls apart, the parties who contributed resources may have a claim. Sometimes partners get into trouble solely through the bad acts of their other partners. If your partner, acting within the scope of his apparent authority, receives money or property and misapplies it, you may also find yourself liable for the misapplication by your partner. In any of these scenarios, you may find yourself needing help claiming damages against the erring party, recovering your money from your former partners, or defending yourself as a partner in an entity where one or more of the partners may be being sued.

Worrell, Durrett, Jaynes and Gavrell, P.C. has represented numerous shareholders, members, and partners over the years as they have struggled through disputes while their businesses grew, and sometimes when their businesses collapsed. Visit our Representative Cases section for more information on the firm's work in this area.

If you are caught up in an owner or shareholder dispute because another person is claiming ownership over your interests, or reneging on their previous position concerning a partnership that you were counting on, or abusing their authority within your corporation or LLC, or taking advantage of their majority position to your detriment, contact Worrell, Durrett, Jaynes & Gavrell, P.C. to review your options moving forward.

Local governments adopt zoning ordinances to maintain standards and control over development projects. Understanding how land use and zoning laws affect your property can sometimes require experienced legal counsel.

The attorneys at Worrell, Durrett, Jaynes & Gavrell, P.C. have consulted with clients concerning how zoning codes impact their proposed or ongoing uses on their property, engaging in representation before city and county governmental bodies when appropriate, and taking the matter to court when required. We have pled client’s cases for variances and special use permits, challenged local governments' determinations of violations when they were made in error, and represented local citizens seeking to oppose poorly planned or excessive proposed developments or special uses in their neighborhoods. The firm also provides advice to private clients seeking land use approvals, clients either concerned with or seeking to engage zoning enforcement mechanisms, and clients contemplating land use litigation.

Some services the firm has provided for its clients include:

• • Representation at administrative hearings
  • Consultations and representation concerning zoning variances
  • Consultations and representation concerning special use permitting
  • Eminent domain issues
  • Inverse condemnation / regulatory taking issues
  • Easement and Boundary disputes

If you need advice or need to respond to threatened local government action or are confronted with the prospect of inappropriate development being proposed for your neighborhood, Worrell, Durrett, Jaynes & Gavrell, P.C. may be able to assist you. Contact us to set up a time for a consultation today.

Disputes related to quality of construction, construction contracts and deadlines, and disagreement between general contractors, sub-contractors, and property owners are frequent and complex. Owners want their construction contracts to cover them when work is performed in a substandard manner or takes too long to complete. Construction professionals want to be paid on time, and do not want to be held responsible for third-party contractors’ mistakes.

Worrell, Durrett, Jaynes & Gavrell, P.C. has assisted property owners, contractors, subcontractors, material suppliers and others in disputes arising from residential and commercial construction projects of all sizes, public and private. The laws pertaining to these areas can be complex. Attorneys practicing in this field need experience in order to understand the various claims, defenses, and timelines involved. Worrell, Durrett, Jaynes & Gavrell, P.C.'s attorneys have represented clients in construction disputes involving:

• • Defective construction and application of the Colorado Construction Defect Reform Act
  • Non-payment for work performed
  • Damage to property during the construction process
  • Other parties’ breach(es) of contract, failure to hold to promises, or unjust enrichment
  • Protection from fraud, misrepresentation, or concealment of information
  • Preparation and filing of Mechanic Liens
  • Contractors’ Trust Fund Statute Claims
  • Recoupment of funds from Bonding Companies

If you are involved in a construction disputes that is in litigation or may be heading that way, contact us to disucss your situation. We look forward to the opportunity to assist you.You can also view our Representative Cases section for more information on the firm's work in this area.

Since family law varies widely from state to state, many people may be confused about divorce laws and how the legal process works. Because divorce is a common issue throughout the nation, oftentimes well-meaning friends and loved ones claim to be familiar with “family law,” while in fact they may only be aware of the laws pertaining to another state, or of Colorado procedures that have long-since changed.

What makes for a good “family law” practice will vary dramatically from family to family, and from client to client. “Empty-Nesters” and wealthy couples who need financial expertise and expert accountants to facilitate their divorce will have a totally different divorce “experience” from a young couple with two small children who are struggling with strong emotions and financial hardships, sometimes fueled by drug and alcohol abuse.

Either way, dissolution of marriages and allocation of parenting responsibilities can be an extremely stressful process. Whenever the dissolution of the relationship involves complex issues, or if the spouses are not able to reach an agreement, the best choice for you and possibly your children is to reach out for advice, if not active representation, to ensure that the best outcome is being sought.

Worrell, Durrett, Jaynes & Gavrell, P.C., has been engaged in divorce work and family law since its inception. The litigation skills of WDJG's attorneys will benefit you in the domestic context, allowing for solid advice about courtroom procedures and presentation. The firm’s clients have ranged from multi-million dollar estates to no-asset cases. The firm is able to assist such a wide range of clients in this area of law because of its flexible representation strategy. The firm’s attorneys engage in direct representation and aggressive litigation where appropriate. But just as often, the firm’s attorneys will meet with clients for an initial consultation.

Worrell, Durrett, Jaynes & Gavrell, P.C.’s attorneys believe that family law is a very personal and emotional kind of law that calls for a different approach, where the client should be able to exercise a great deal of control. While the attorneys believe that sometimes a hard-nosed litigation style is called for, sometimes that approach can be harmful and needlessly expensive. Every case is different. Contact us for a consultation today.