Denver Car Accident Attorney

Auto accidents can be incredibly difficult for the injured victim to handle. Mark A. Simon works personally with his clients to provide them with council they can rely on for results they need.

Car Accident Claims - Know Your Options

A person injured in an accident may have several different insurance claims. Medical coverage and payment of some medical bills is sometimes obtained through “no fault medical coverage” through the insured's auto insurance or possibly the owner of the vehicle. Insurance is often sold in the amount of $5,000 by insurance companies and the insured party will have a claim against the insurance company for the driver at fault. Colorado law requires each driver to have $25,000 liability coverage, which is often insufficient to cover most damages. The injured may have access to underinsured motorist coverage as well.

 

 

Compensation for Your Injuries

If the driver who has caused the accident has no insurance, there are often other insurance options available to cover medical issues, but they become much more complex. Some of these options would include seeking aid from health insurance, medicaid, or medicare, but there is no clear path to follow after an accident.

Many people seek the advice of a Denver car accident attorney, such as Mr. Simon when it comes to what type of medical care would be most advantageous for their particular situation. Mark A. Simon typically represents those with extreme injuries.

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Continuing Education:

A. Liability:

If the accident was the fault of the other driver, you will need to collect the name of his/her insurance company, claim and/or policy number. A copy of your police report is a good way to locate this information. If you have MedPay on your insurance policy, your insurance company will be responsible for payment of your medical bills up to your policy limit.

B. Legal Rights:

If you are injured in a car accident due to the fault of another driver, you are entitled to assert a claim for bodily injury against their insurance company. This includes seeking reimbursement for your medical bills, lost wages, damages for pain and suffering, inconvenience, emotional stress, impairment of the quality of life, physical impairment and disfigurement.

IMPORTANT: You have exactly three years from the date of your accident to settle your claim with the insurance company or file a lawsuit. Failure to settle or file suit by this date will result in the total loss of your legal rights in the claim.

C. Medical Treatment & Bills:

Most importantly, you will want to seek immediate and appropriate medical care for your injuries. You will want to submit all medical bills to our office as a result of the accident. For example, you would submit bills for the ambulance, emergency room and physical therapy. If you do not have health insurance or Med Pay on your insurance policy and you are unable to pay for the bills as they are incurred, we can refer you to a treatment provider that treats on a lien basis which means that they will treat you and not require payment until your case has settled.

D. Settlements:

Upon completion of your medical care, our office will gather together all of your medical records, medical bills, and related accident documentation. Mark will prepare these documents along with a comprehensive legal analysis and submit this information as a demand to the insurance company.

E. Fees and Costs:

Mark Simon works on a contingency fee basis, charging a percentage of the total settlement amount, at the end of your settlement. Therefore, we have incentive to get the most for your case. Should you decide to proceed with a lawsuit, Mark will notify you of additional potential costs. You are not required to put any money down and any costs covered by our office will be recovered out of your final settlement.

 

Frequently Asked Questions:

Q: What if the driver that hit me doesn’t have insurance?
A: You will need to determine if you have purchased Uninsured Motorist Coverage applicable to you. Uninsured Motorist Coverage allows the insurance company to fill in for the other driver’s insurance company and pay your medical bills and damages. You may also be eligible for Uninsured Motorist Coverage through a resident relative.

Q: How long does it take to reach a settlement?
A: After you have finished with your medical care, our office will begin creating your demand for submission to the insurance company. Once the demand has been submitted to the insurance company, it can take from 4 – 6 weeks for an initial offer of settlement from the insurance company. Mark will continue negotiations until an acceptable offer of settlement is reached, with your permission. If the insurer doesn’t resolve your claim, you have the option of having us file a lawsuit to recover your damages.

Q: Will the other driver’s insurance pay for my medical care?
A: The other driver’s insurance company is responsible for the payment of your medical bills resulting from the accident at the end of your claim. They are not responsible for paying your bills as they are incurred. If you had health insurance, or MedPay coverage on your insurance policy at the time of the accident, Mark can submit your medical bills to your insurance company.

Q: How much is my case worth?
A: The insurance company evaluates your case based on the following items among others: 1) the nature of your injuries and permanent impairment, 2) property damage, 3) the total amount of medical bills, 4) length and type of treatment, 5) lost wages or vocational impairment, 6) expenses, and 7) factors such as pain, suffering, emotional stress and inconvenience. The ultimate value of your case also revolves around the policy limit of the other driver. In Colorado, drivers are required to have a minimum of $25,000.00 liability coverage; many drivers have more coverage and you may have Uninsured/Underinsured Motorist Coverage under your insurance. ANY ATTORNEY WHO TELLS YOU THEY CAN DETERMINE THE VALUE OF YOUR CLAIM WITHOUT COMPREHENSIVE EVALUATION OF YOUR INJURIES AND ALL OF THE CIRCUMSTANCES OF THE ACCIDENT IS MISLEADING YOU.

Q: What do I do if the insurance company is offering me less than my case is worth or refuses to settle?
A: If you feel that the insurance company is offering you a settlement less than the value of your case, your option is to file suit against the other driver or insurance company.

Q: Am I entitled to future medical benefits after I settle with the insurance company?
A: If you do not have health insurance, or MedPay coverage, once you sign settlement paperwork, you are not entitled to future medical benefits or reimbursement for medical costs, so it is important not to settle your case prematurely.

Auto Accident News


Enjoying Spring Break in Colorado and Avoiding an Auto Accident in Denver


March 22, 2017

For some, spring break is spent on a beach somewhere basking in the sun. But for others, they want more. Colorado is one of the best places to travel to for a quality and fun vacation. Whether you are traveling with family or friends, there is something in the state for everyone. From exploring all that Colorado has to offer, to spring break safety tips learn more about these tips to avoid an auto accident in Denver.

Spring Break Activities in Colorado

Colorado is a beautiful state that is home to the southern part of the Rocky Mountains. It’s a large state that is a growing population. So, whether you live in the state or not, there is much to do here during spring break travels. First to add to your list is exploring downtown Denver. Take some time to eat and shop downtown on Larimer Street. Check out Union Station or Denver Central Market in RiNo. Love to ski or snowboard? There is a plethora of places across the state that you can enjoy skiing, especially at some of the country’s top ski resorts. Learn more about the 11 top-rated ski resorts in Colorado. Want to spend time in the water in an alternative way? Visit Colorado’s hot springs. The water is warm, even when the weather is cold. Last, take advantage of gorgeous mountain hiking experiences, or travel to a city that offers gondola rides to the top of a mountain for spectacular and breathtaking views.

Spring Break Safety Tips

Make sure you stay safe while traveling to Colorado. From adverse weather conditions while driving, to the high altitude in the mountains, it is important to plan and be prepared. Making sure your car has the correct type of tires, enough fluids and fuel. Also make sure you have several layers of clothing and enough food and water to last for a while. Because of the high altitude, it is important to stay hydrated. If you have never been to a high altitude before, talk to your doctor before your visit and get some ideas of what you can do if you experience this during your trips. For most, there can be a couple days needed to adjust but then you get acclimated. Take it easy, drink plenty of fluids and see a local doctor if something doesn’t feel right. Next, when hiking or spending time in the outdoors, make sure you are prepared with all essential supplies. Also, know your route so you do not get lost. Last, many places in Colorado are at high elevations. Even if the temperatures are cool, don’t forget to apply sunscreen.  

Avoiding Car Accidents

As you travel through Colorado, you may experience snowy conditions or roads filled with twists and sharp turns. It is important to keep a safe distance between you and the car in front of you. Make sure you avoid all distractions as there can be many quick changes. In certain areas, like I-70 to Vail, there is only one way in and one way out meaning you could be stuck for hours if there is an accident. Be cautious when driving so you do not get involved in an accident and have patience if you are stuck in traffic. Find some relaxing music or a good podcast to help keep you alert and pass the time.

While traveling throughout the state for spring break, learn more about common car accident types of personal injury in Denver cases. If you’ve been involved in a car accident, contact Mark A. Simon to represent you in your case. As your premier attorney in Denver, you can rest easy knowing your case will get the attention it deserves.
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Tips From A Denver Auto Accident Attorney: Stay Safe on the Roads During the Holidays


 
During the holiday season, many people pack up their bags and hit the road to visit loved ones across the country. But unfortunately, when there are more drivers on the road, there tends to be more accidents, too. If you plan on taking a road trip this holiday season, follow these tips from a Denver auto accident attorney:
Be flexible.
Weather can be unpredictable during the cold winter months, so try to be flexible with your driving plans. If you aren’t flexible, you may be stuck driving through a particularly bad snowstorm, which can create very dangerous driving conditions. Family members and friends will understand if you show up a little later than you expected. Remember, your safety is more important than showing up on time.
Check your car.
Before heading out on a road trip, have a professional check your car to ensure it is ready for the ride. The oil, tires, lights, belts, and battery should all be operating properly if you are about to take a road trip. If any issues are discovered—for example, if a headlight is out—take care of this prior to hitting the road.
Bring a buddy.
Don’t ever try to take a long road trip without a buddy in the front seat. Your buddy can be in charge of reading off directions or answering your phone when it rings so you can devote your full attention to the road in front of you. Plus, if you get tired and feel like you shouldn’t drive anymore, you can always ask your buddy to take the wheel while you get a little rest.
Look out for deer.
Deer are much more present on the roads during the fall and winter months, so it’s important to keep an eye out for these majestic creatures while you drive. Deer are usually out during the early morning and evening hours, so this is when you should exercise extreme caution. If it’s dark out, use your high beams when you are driving on a one-way road so you can have a better view of what is in front of you. Learn 7 ways to avoid hitting a deer.
Stay calm.
Because there are so many drivers on the road, you should expect delayed travel times. There may even be congestion in areas that are never backed up, so be prepared to slow down and wait in bumper-to-bumper traffic throughout your trip. Although getting stuck in traffic is frustrating, it’s important to stay calm behind the wheel. When drivers become agitated, they begin to drive aggressively, which puts everyone on the road in danger. Turn on soothing music and take slow, deep breaths if you become irritated. Traffic is only a minor setback, and you will still get where you need to go, so don’t let it get to you.
 
If you are injured in a car accident during the holiday season, attorney Mark A. Simon can help. If you have been injured because of someone else’s negligence, call us at 303-321-4878 or contact Mark A. Simon to discuss your rights during a free consultation.
 
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Common Injuries After An Auto Accident in Denver


November 2, 2016

Everyday, there is an auto accident in Denver. Although many accidents are minor, some can cause serious injuries including low back pain and cervical spine damage. What are these injuries and how can they be treated? Here’s what you need to know:
Cervical Spine Injuries
Any part of the spinal cord can be damaged in an auto accident, but the cervical spine, which is the neck, is at the greatest risk. This part of the spinal cord has major functions including supporting the head and facilitating blood flow to the brain. Car accident victims often suffer cervical spine injuries when they are hit from behind or at high speeds because their entire body is thrown forward unexpectedly, forcing the cervical spine to extend and then contract again.
 
The injury that occurs as a result of this motion is known as whiplash. Victims may begin to notice neck stiffness, headaches, tingling, and chronic pain after an accident. If you notice any of these symptoms, you need to seek medical attention right away. A doctor will be able to take X-rays, MRIs, and look closely at the range of motion in your neck to determine if there is an injury.
 
Once whiplash has been diagnosed, your doctor will begin to develop a treatment plan, which will vary depending on the severity of your injury. You will most likely be asked to participate in physical therapy to help you stretch out your neck and restore your range of motion. Depending on your pain levels, you may be told to take over-the-counter medicines, or given prescription muscle relaxers and painkillers. Learn more about whiplash treatment here.
Low Back Pain
There are many causes of lower back pain, so the diagnosis and treatment may be a bit more difficult. The most common causes of back pain after a car accident are disc herniation or tissue strain. Although minor aches and pains are fairly normal, especially in older adults, if you are having difficulty moving, or experiencing a non-stop, dull pain or spasms, you should seek medical attention for your low back pain.
 
A doctor will most likely take X-rays, MRIs, and CT scans to determine what’s causing your symptoms, especially if you have just been in an auto accident. If you have strained soft tissue, your doctor will advise you to rest and alternate hot and cool treatments to repair the tissue. You may be given medication to help treat the pain as well.
 
However, if it has been determined you have a herniated or ruptured disc, you may be asked to attend physical therapy, go to a chiropractor, or even undergo surgery on your back. Surgery should be looked at as a last resort because it can often be very risky. Be sure to speak with your doctor thoroughly about the risks associated with any treatment you are told to do.
 
If you have any questions about your personal injury, attorney Mark A. Simon can help. If you have been injured because of someone else’s negligence, call us at 303-321-4878 or contact Mark A. Simon to discuss your rights during a free consultation.
 
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Mountain Driving Tips to Avoid a Denver Auto Accident


September 19, 2016

Driving in the mountains is different than traditional roads. There are some top things to know if you are new to mountain driving, or don’t travel these roads often. By being prepared, you can help to avoid a Denver auto accident. Plus, with many roads being single ways in and out of an area, your fellow drivers will thank you for not clogging traffic! Accidents on certain roads and highways can create backups that last for hours.
 
  1. Car Condition: Even if you are not driving to a remote area, it is still best to make sure your car is in its best shape prior to driving on mountain roads. Why? Because of the many steep hills that go up and down, mountain driving can really take a toll on your car. According to Road Trip America’s article “Tips for Safe Mountain Driving,” make sure your fluids (brake and transmission) are newly changed. Old brake fluid has more elements that will reduce its boiling level that can overheat. This can cause a decline in the effectiveness of your brakes, which you do not want to deal with on these roads. Also, they advise to check your tire pressure as well. Last, make sure your gas tank is full prior to heading out. Check your route and see how many gas stations will be along the way so you can plan ahead. By taking just a few normal routine measures, you can help maintain the quality of your car!
  2. Braking Tips: Braking on a mountain road is much different than a traditional road. Mountain turns are often sharp and at different altitudes so it is best to brake early. Slow down before you get to a turn so you do not lose control of your vehicle in it. If you brake in the turn and the turn is too sharp, you can very easily lose control of your car. Also, stay safe while breaking downhill. Prior to going downhill, begin to break (or downshift if you are in a manual vehicle). This will help you and your car maintain speed. It is also helpful to pump the brakes instead of constantly riding them. This will help your brake pads maintain proper temperature and keep your brakes working.
  3. Driver Rules: You may find yourself in some remote areas on mountain roads. One of the situations you may run into is a narrow road that only one vehicle at a time can pass through. Driver’s Ed’s “Mountain Driving” page explains the driving going uphill has the right of way. The downhill driver needs to get themselves to a place to allow the car going uphill the space to make it through. Another driving method to keep in mind while driving is stay off of the centerline. It makes you more susceptible to crash into another vehicle.

By following these driving methods, you are sure to have a great mountain driving experience! The views are gorgeous, so stay safe and enjoy them. If you do have an accident, the local office of Mark A. Simon can help. We are your premier go-to Denver auto accident attorney. Learn more about our auto accident services and give us a call at 303-321-4878 to get started.  
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Top 5 of 2016’s IIHS Safest Cars to Avoid an Auto Accident in Denver


August 10, 2016

Car accidents may seem inevitable. In many cases it is user error and then other times it could be due to a malfunction of the car. If you are in the market for a new vehicle, it is good to keep safety in mind because while you can always reach out to your local Denver auto accident attorney, no one wants to be in an accident! Below are some of 2016’s best five cars from the different car groups that the Insurance Institute for Highway Safety (IIHS) have rated to help you make a decision on a safe car.
  1. Mini Car—Mini Cooper: The Mini Cooper was the IIHS’s top safety pick winner for the mini car category as it received the highest ratings in their crashworthiness test (small overlap front, moderate overlap front, side, roof strength and head restraints and seats). It is definitely a great car with front crash protection. In addition to this great rating, the 2016 Mini Cooper includes safety features such as brake assist, electronic stability control, auto-on headlights, integrated turn signal mirrors, night vision, blind spot mirror assistance, auto-leveling headlights and lane departure warnings.
  2. Small Car—Acura ILX: One of the newest additions to the Acura family just happens to also be one of the safest small cars on the road. The premier Acura ILX received great crashworthiness ratings and the IIHS rated as having superior front crash prevention with the optional equipment. In addition to great fuel economy, the Acura ILX also has brake assist, electronic stability control, auto-on headlights, integrated turn signal mirrors, night vision, blind spot mirror assistance, rollover prevention, adjustable pedals, auto-leveling headlights and land departure warnings.
  3. Midsize Car—Chevrolet Malibu: The Malibu is a quality vehicle with plenty of room and has safety ratings to make you and your family feel comfortable. It was a superior rating for front crash prevention. With this car, you can expect to have great features such as automatic pedestrian braking, automatic high beans, blind spot monitoring, lane assistance, an indicator for distance, forward collision alerts, rear cross traffic alert and auto-braking.
  4. Large Car—Toyota Avalon: The Avalon is also one of the highest rated IIHS vehicles for front crash prevention for it’s exceptional reviews for small overlap front, moderate front, side, roof strength and head restraints and seats. This spacious car has many neat technology features as well as safety features. You can expect to have blind spot monitoring, rear cross traffic notifications, forward collision warnings, lane assistance and a very user-friendly infotainment system.
  5. Large Luxury Car—Hyundai Genesis: For exceptional large luxury car front crash prevention, the Genesis is a great choice. This vehicle comes at a great price point and with a great warranty. It also has plenty of room. One of the neat add-ons for this car is a CO2 sensor monitor. If the car senses CO2 levels are high, it will keep them low to help the driver avoid being tired. Some of the other safety features this car has includes auto-braking, blind spot warning, lane assist, rear cross traffic alerts and parking sonar.   
If you find you have been injured in an accident and need help, call Mark A. Simon. Our go-to dedicated team will review your case! Learn about the 3 Car Safety Features to Prevent an Auto Accident in Denver and give us a call at 303-321-HURT to get started on your case.  
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