Mark J. Jachimiak
Mark Jachimiak is a civil litigator who focuses on insurance and corporate defense. Mr. Jachimiak specializes in handling personal injury matters involving various theories of liability – motor vehicle accidents (both personal lines and commercial lines), premises liability and dram shop. He also handles bad faith claims and issues coverage opinions for his insurance company clients. Mr. Jachimiak has developed a thriving corporation cliental, focusing on clients that are self-insured or maintain a high SIR. Through his representation of corporation clients Mr. Jachimiak has successfully developed and argued novel legal concepts that have provided his clients with protections from numerous legal claims.
Mr. Jachimiak understands and appreciates the impact litigation has on his clients. That is why he strives to provides his clients with early, accurate case evaluations. Armed with the exposure each case proposes, the client is able to engage in early mediation and negotiation efforts.
Despite efforts to negotiate a advantageous settlement for his clients, not every case can be settled. This fact has led to Mr. Jachimiak being an accomplished trial attorney. In his 18 years of litigation experience, he has tried over 25 civil trials. All but 1 trial as resulted in a positive resulted for the client – either defense verdicts or below the amount offered early in the litigation process.
Mr. Jachimiak’s successes include:
- Developed legal argument that insulates employers from direct negligence claims – negligent hiring, training, retention and supervision – in cases involving the employee’s negligence and employer admitting course and scope of employee.
- Developed legal argument that rental car company has no obligation to provide MFR in situations where renter has his/her own complying policy.
- Obtaining summary judgment that snow removal company has no liability for slip and fall that occurs after the company left the sight with approval from the property management company.
- Obtained a defense verdict in a case where the plaintiff was a motor cycle rider who claimed client had changed lanes forcing the plaintiff to lay the motor cycle down.
- Obtaining a defense verdict against a pedestrian who was crossing street in a cross walk, but without a cross walk sign.
- Obtained summary judgment in a lease agreement involving a laundry service contract in an apartment complex despite a clause permitting the leasee the right to continue the lease for 20 year terms.
- Obtain a verdict for $72,000 in a case with admitted liability and medical bills in excess of $700,000. Plaintiff had rejected an offer of $350,000; demanded $2.5 million; and asked the jury for $4.0 million.
- Developed legal argument that provided a private bus company the protections of the CGIA cap of $150,000 that was adopted by the trial court and successfully defended it before the Court of Appeals. Over my recommendation the issue was permitted to go to the Supreme Court where it was overturned.
Mr. Jachimiak earned his Juris Doctorate degree in 1998 from University of Colorado School of Law School. Prior to law school Mr. Jachimiak his Bachelor of Science degree in Chemical Engineering and Petroleum Refining from the Colorado School of Mines while participating on the varsity soccer team all four years.
Mr. Jachimiak licensed to practice law in Colorado and Wyoming – both state and federal courts.
Expertise
Motor Vehicle Accident – pursuant to personal and commercial insurance and self-insureds.
Premises Liability
Corporations with SIR
Coverage and Bad Faith claims.
Dram Shop
Bar Admissions
Colorado
Wyoming
United States District Court, District of Colorado
United States District Court, District of Wyoming
Education
- University of Colorado School of Law School
J.D., 1998 - Colorado School of Mines, Golden Colorado
B.S., Chemical Engineering and Petroleum Refining, 1995