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


Children and car accidents: What you need to know from your Denver injury attorney


October 15, 2019

Being in a car accident can be overwhelming and scary, especially if your children are involved in the car accident. Having a child involved in a car accident comes with a lot of additional liabilities, headaches, and worry. The first thing you need to ask yourself is if your child was injured in a car accident, and if so you have a lot to evaluate. Before we get into the details, just remember that as long as your child is safe, there is always a solution and we are happy to help you navigate that.

You’ll need to consider a number of things when it comes to young children - the first of which being if your child was properly secured in to his/her car seat, or in the car in general. If your child was not secured, then you will be the one at fault.

Something else to note, and consider, is that if they were secured but you were not following the proper safety protocol for your child’s car seat...you will ultimately be held at fault as well. Be sure you not only understand how to properly install a car seat, but that you are abiding by all recommended safety instructions in the car seat manual. If your child is out of a car seat, make sure they are NOT in the recommended age for a booster seat. If your child has fallen in the recommended age, and they weren’t in a booster seat, you’ll be held responsible as well.

There are additional questions you’ll need to ask yourself to determine if your liable:
  • Supervision: Should you have been supervising your child at the time? Were you negligent in supervising and did this cause the accident? Should you have known that the child needed supervision? For example, leaving the keys in the car with a child who had taken your car before, would be indicative of negligence.
  • Parental Negligence: An example of this would be giving keys to a teenager who has a tendency to drag race or drive drunk. By giving the keys to a child who has a tendency to do bad things… you can be charged with negligence.

If you think you have a case for your child being injured, and you’ve determined you are not at fault, give us a call. We are here to help you navigate the claims process and fight tirelessly for your rights. Now if you are lucky enough to not have been in this situation before, there are a few things you can do to help prevent injury and accidents. For younger children this ensures that they are properly strapped into their car seats, that you are abiding by all safety standards and guidelines. If you have teenagers, we recommend the following: 
  • Communication. Talking with your teenagers about safety habits is extremely important in preparing them to drive safely on the road. 
  • Monitoring. Technology is a wonderful thing - you can now monitor the driving behavior of your children with several devices AND these devices can come in handy if an accident does happen. 

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. When it comes to a personal injury attorney in Denver, you shouldn’t sacrifice quality for convenience and opt for the first person you find. Select an attorney who will get you the outcome you desire and the settlement you need. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.

 
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You’ve been in a car accident - now what?


September 25, 2019

Car accidents can be a scary experience, and ultimately something that might shake you up. However, it’s important to remember right after an accident to keep your cool. Doing so may be the difference from reaching a settlement in relation to the car accident, or missing out on money you might be entitled to. Here are our steps you should take after a car accident, but also how we can help you build a claim post-accident.

What To Do After An Accident
  1. Are you hurt? Is the other car? Checking to ensure that everyone is safe is the first stop you need to take. If someone is injured, call 911 immediately. If you are seriously injured, or if anyone else is, it’s important not to cause too much movement. This can be harmful to those injured.
  2. Are you in the middle of the road? After a car accident it is important to get to safety - most of the time this means moving all involved vehicles to the side of the road and waiting for the police. 
  3. Speaking of police, if you haven’t already called 911 due to injuries, you’ll need to call 911 to get the police to come out. Even if you don’t think the accident is severe enough for this, you’ll always need to call the police if the accident is bad enough to stop traffic, cause injury, or for you to stop and wait. Most states even require that you call the police to the scene of any accident. 
  4. Have you spoken to the other vehicle(s) involved? If not, while you wait for police is your time to get to chatting. It’s always important that you exchange information with the other vehicle(s) involved. This ensures if they are at fault, you can get taken care of via their insurance and vice versa. You should get their full name, phone, email, insurance company and policy number, driver’s license number and plate number, type/color/model of vehicle, and where the accident occurred. This should be all the information you need to proceed. 
  5. Are you still waiting on police? Take time to gather “evidence.” By evidence, we don’t mean picking paint off your car from the other car and keeping it in a bag...we mean taking photos. Take photos of the damage done, the location, anything that might help you in case of a claim.
  6. Did the police document? That’s a trick-question, of course they did. When the police are called out to the scene of an accident they will be required to document what happened. Make sure you get copies of this, or ask where you can get copies of the police report. Many insurance companies will require the police report to proceed with claims, and if you want to proceed with a personal injury claim...you’ll definitely need it!

Post-Accident
After the accident you’ll need to notify your insurance company of the accident - no matter if it was your fault or not. This is essential, as many insurance companies might even require this. Whether it’s required or not, by letting the insurance company know about the accident you’ll be able to take advantage of some of the benefits of your insurance such as rental car coverage if needed.

Was it the other vehicle’s fault? Did you sustain injuries? If so, and if you intend to pursue claim, the next step is to let the other driver’s insurance know that you intend to pursue a personal injury claim. In terms of property claims, these tend to be handled quickly by the insurance company but personal injury claims can take a little longer (one of the reasons you should consider an attorney).

No matter what, don’t try to wait so many days before hearing from the insurance company. If you tell them you’ll file a claim if you don’t hear back within 2 weeks, or 2 months, you’ll begin to lose credibility. After contacting them, file your suit with your Denver car accident attorney. We would like to make one thing clear, we strongly recommend contacting a personal injury attorney before it gets to this point. Why? A personal injury attorney has experience in determining how large of a claim you can get, and the proper steps to take to increase your chances.

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. When it comes to a personal injury attorney, you shouldn’t sacrifice quality for convenience and opt for the first person you find. Select an attorney who will get you the outcome you desire and the settlement you need. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.
 
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Best Reasons to Hire a Denver Personal Injury Attorney After You’ve Been Injured in an Accident


August 21, 2019

Getting into an accident, whether it be in a car, or simply on foot, can be a devastating and stressful ordeal to go through. Not only is there plenty of physical pain as a result of the injury, but there can also be a ton of emotional stress which accompanies such an incident, compounding the situation and creating a huge hurdle to have to overcome. And it’s not just the matter of recovering from your injury, as you will also want to seek compensation for the damages you have received. It goes without saying, but in the course of fighting a serious legal battle against insurance companies and individuals, you will definitely want to have someone on your side who can advocate for your rights. With that in mind, here are the best reasons to hire a Denver personal injury attorney.

They Understand The Law Better Than You Do

Ok, you may be good at studying for tests and are pretty proficient at learning things on your own. Perhaps you might be adept enough to navigate a small legal fight, something along the lines of small claims court, where you can prove your case without having to hire legal representation. Unfortunately, this is not the case when it comes to fighting a personal injury case, as there are many things a lawyer will have knowledge on that will not be readily apparent to the average person. Knowing what to say, how to file your case, and what type of case you need to make in a court of law are all things that a lawyer will be able to advise you on. 

They Can Get You a Higher Payout Than Fighting The Case By Yourself

One of the biggest reasons an individual usually decides to go it alone in their fight to win compensation for their injury is because they are trying to avoid having to pay lawyer fees, which they believe will cut into the amount of money they receive. Although it’s nice to believe you’ll be able to achieve the same level of settlement on your own as you would with a lawyer, this is almost always not the case. Even factoring in lawyer fees, a qualified Denver personal injury attorney will almost certainly be able to get you a much bigger payout than had you decided to go it alone.

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. When it comes to a personal injury attorney, you shouldn’t sacrifice quality for convenience and opt for the first person you find. Select an attorney who will get you the outcome you desire and the settlement you need. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.
 
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Injured in an Accident? Here are some characteristics in a Denver Personal Injury Attorney You Should Avoid


August 7, 2019

The act of becoming seriously injured in an accident can be a stressful and traumatic experience, as the injury can completely alter your life path and your functionality. In order to receive compensation for your injury, you will inevitably look for someone to represent you and advocate for you on your behalf in the form of a personal injury attorney. Unfortunately, there are plenty of attorneys who you will end up losing money, and possibly the entire case, as a result of hiring. In order to receive the highest amount of money from your settlement, here are some of the characteristics your Denver personal injury attorney shouldn’t have.

They’re Fresh Out of Law School

Ok, experience isn’t always the biggest determining factor in terms of deciding whether you are able to receive fair compensation for your injury. However, hiring an attorney who is still figuring out how to navigate the legal system isn’t the best situation you want to have. Young attorneys can do a fine job of representing you, to be sure, but they can also make plenty of rookie mistakes which can cost you dearly in court. To play it safe, it’s best to hire someone with plenty of experience in the court of law in order to ensure you are represented properly.

They Don’t Understand the Extent of Your Condition

When it comes to advocating fully for your case, an attorney needs to have a solid understanding of the medical issues in play. While a broken bone may eventually heal, it may also lead to a lifetime of pain and other complications which go far beyond the initial injury. An attorney who is ignorant of these medical issues will not be able to fully advocate for your case, as they will inevitably leave out plenty of relevant details when presenting your case to the court.

If you want to hire an attorney who will get you the highest possible settlement for your case, you should make sure your attorney understands the extent of your medical condition. Make sure they have a solid history of defending clients and advocating for the biggest possible payout. Don’t simply settle for someone who claims they know what they’re doing when the evidence suggests otherwise, as you will end up losing money in the process.

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. When it comes to a personal injury attorney, you shouldn’t sacrifice quality for convenience and opt for the first person you find. Select an attorney who will get you the outcome you desire and the settlement you need. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.
 
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Injured in a Car Accident? Here is What You Should Think About Doing Next From Your Denver Personal Injury Attorney


July 10, 2019

If you’ve recently been injured in an car accident, there are a few things you should be aware of before proceeding. When it comes to legal issues, you can definitely make mistakes which can seriously alter the outcome of your case, leading to potential complications which can cost you dearly. You certainly don’t want to lose out on precious income, as you can end up losing money which didn’t have to be pocketed by a person’s insurance company. Always keep these things in mind once you are injured in an accident from your Denver personal injury attorney.

Stop and Call the Police

If an accident was not your fault, it is in your best interest to call the police in order to receive an accurate report for your case. A police report can help speed up your claim with an insurance company, as they will have the information they need to process the claim and get you the money you desperately need. 

When it comes to the scene of the accident, it is also a very good idea to protect the scene of the accident, so a police officer is able to accurately record the scene of the incident. This also means keeping the scene safe for all those nearby, so a car doesn’t make things worse by hitting your parked car. Put your flashers on and make sure the scene is well-lit in order to prevent a double accident from occurring.

Make an Accurate Record

After a serious car accident, you may be quite frazzled and in distress, as an accident can be a traumatic and stressful thing to have to experience, especially if you are injured in the accident. Once you know that you are stable and you don’t have any serious urgent concerns, it’s a good idea to make an accurate record of the crash scene, so you are able to accurately state the facts once you are requested to do so. Facts can become blurred and confused over time, as you may misremember or forget key details which can impact your case. 

Instead of simply waiting, you should be as proactive as possible in order to have an accurate retelling of the facts. If you are not able to write anything down while waiting for police of paramedics, you can tell a bystander to record your condition and whatever you believe will be pertinent to your case. However possible, it’s definitely a good idea to record and accurate account for your case. 

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.
 
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