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


Why You Should Never Fight Your Case By Yourself From Your Denver Personal Injury Attorne


March 26, 2020

The act of going to court to fight for your rights in a case is an intimidating and daunting prospect, one that can include plenty of potential mistakes and mishaps that can completely ruin your chances of experiencing success and receiving the outcome you desire. You can always take the chance of representing yourself in court, but this is almost never recommended, as you may end up making a critical error that can cause you to lose your case. Insurance companies and law firms know how to trick amateurs into making a mistake that can cause them to lose their case, making it important to hire a trusted Denver personal injury to take care of this situation for you.

You Might Miss a Crucial Detail to Help Your Case

Although you may consider yourself to be a detail-oriented and highly-organized person, the act of going to court requires you to take into account many details and things that you may not even be thinking about. While you may be tempted to represent your case on your own, you will likely overlook details that can actually help you to win the case in court, something that you shouldn’t risk when it comes to a potentially life-altering settlement. An experienced Denver personal injury attorney will have the expertise and knowledge needed to get you the highest possible settlement, providing you with the needed relief you require. 

You May Make a Mistake That Can Cause You to Lose Your Case

Inexperienced individuals in a court of law will inevitably make a mistake that can cause you to lose your case or receive a significantly lower amount than you were anticipating, something that can be devastating to your financial future. While you may be inclined to try to go it on your own, it is something that can cost you in court and be a net-loss for you even if you avoid the attorney fees that will come with hiring a lawyer. An experienced lawyer will be able to provide you with the expert advice and skills needed to make this case a smoother experience than going on it by yourself. Don’t take the chance of messing up your case and make the call to hire a trusted Denver personal injury attorney.

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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Using technology to assist after your Denver car accident


March 18, 2020

The aftermath of a Denver auto accident can be hectic, but you have to be sure that everything is documented correctly for a smooth insurance claim. Chances are that you already have the best tool available at your fingertips: your smartphone. Mark A. Simon, attorney at law, is here to give you advice for the future. It doesn't matter what kind of cellphone you have, as long as you have a smartphone with you, it is really the only tool that you need.

After a Denver auto accident your car may be a mess, whether you cannot access your insurance information due to the wreck or the contents of your car are in disarray from impact. You have a camera, voice recorder, video recorder, notepad, telephone, and more all contained within your smartphone. Be sure to take photographs of the accident scene:
 
  • Take photographs of the debris on the road and to include multiple angles that show where the debris is in relation to the cars. 
  • Take photos of any damage to your vehicle as well as of the other vehicle's damage with identifiable landmarks in the background.  
  • Be sure to include photographs with varying degrees of zoom and varying shots that include single cars and both cars involved.
  • You may even take a videotape of the entire scene which will help if an accident reconstruction needs to be done.
When you need to get the other peoples' information after the accident, you don't need to write anything down, simply use your smartphone to record the interaction. When you start recording, you must identify the date and time and state, "I'm unable to write this information down as I do not have a pen and paper. Are you okay if I record our conversation? You can read the information as I have my smartphone recording. Can you please read me your insurance and license information?" You can also ask them questions in regards to the accident, such as, "Do you think you were at fault for the accident? Do you think that I did anything wrong?"

It's crucial to ask these questions as the answers will greatly influence the outcome of your auto accident claim. In the moments following an accident, many people will tell you exactly what happened, but once they have spoken to the insurance company or even their lawyer, people start to rethink the scene of the accident and they may become less certain of how liable they really were.

So you’ve successfully maneuvered the car accident...but what’s next? You might be wondering if you should file a personal injury lawsuit - and we have your guide! You’ll want to consider filing a personal injury lawsuit if the other driver is denying fault, or if they are disagreeing about the amount of money they feel that they should receive. A Denver personal attorney can help you determine if that’s the right move for you, but what you’ll need is:
  • Your medical bills/charts/report
  • Police report
  • Any photos you took at the accident
  • The damage report on your car
This is just a few of the things you need, but your Denver personal injury attorney can give you a full list. Ultimately, you’ll end up speaking to an adjuster as well to help support your personal injury case. We recommend you approach this knowing you’ll need to convince the adjuster it was the other driver’s fault, and that the bills incurred from the accident were substantial and there was additional pain/discomfort.

It may be too late for the Denver auto accident you were already in, but in case of a future event or to share with your friends and family, you have invaluable information on how to document the aftermath of your auto accident to benefit you. Your smartphone is the perfect tool for the scene of accident. It's also the best time to contact Mark A. Simon, attorney at law.  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 the results that they need.
 
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Preventing and handling Denver car accidents


March 5, 2020

Car accidents contribute to an estimated 40,000 deaths annually - every ten seconds there is a new car accident. It’s important that you do your best to stay safe when it comes to your time on the road, for yourself, your family, and others! That being said, you can’t always prevent car accidents, and there are proper steps you can take after a car accident to ensure you’re protected. 

Prevention

Distractions while driving:  In Colorado, it’s illegal to tweet, text, email, or do any type of “posting” while driving – and for a good reason. Driving distractions cause between 25 and 35 percent of all accidents. Smartphones are making it increasingly easy to be distracted when driving with text messaging and constant access to the internet. However, these devices aren’t the only distractions that are driving up the percentage of accidents. Messing with the radio, talking to a passenger, and managing children all culprits as well.
Drunk driving: According to the Colorado Department of Transportation, 26,000 people are arrested for DUI and more than 150 people are killed in alcohol-related accidents every year. Colorado has a strict zero tolerance policy for underage drinking and driving. Your license will be revoked immediately if you’re underage and have a BAC of .02 percent.  Make sure to always have a sober designated driver, no matter your age, even one drink can impair your judgement.
Driver fatigue: According to the National Highway Traffic Safety Administration, driver fatigue contributes to 2 percent of nonfatal accidents and 2.5 percent of fatal accidents in Colorado. To avoid fatigued driving, take notice if you’re yawning frequently or if you have trouble keeping your eyes open. Make sure to take a break from driving every two hours and avoid long drives after you’ve worked all day. It also helps to drive with someone to make sure that you stay awake or switch off driving.

So You’ve Been in a Car Accident...Now What? 
Never leave the scene of an accident - no matter what. This will reflect poorly on you in any legal proceeding, and you may deal with negative ramifications after the fact as a result. You will also want to protect the scene to allow police to properly document the scene of the accident. If you were hit by another driver, you will want to have all information sufficiently documented for legal and insurance purposes. Finally, call the police to get a police report. Even if no one is seriously injured, it can be a good idea to have legal documentation of the incident for your records in the future, in the event that you do need to prove anything.

In the course of a legal investigation and case, documenting everything is absolutely critical to making your case. If you end up pursuing legal action against any other parties, you will want to have as much evidence to back up your claims. The sooner you begin documenting these facts, the better. Take pictures of the scene, document your physical symptoms following the accident, both on the day of the incident and in the weeks following. 
Anything that will help prove your case is worth writing down and documenting as thoroughly as possible, as this will show the court the extent of what occurred. After you’ve exchanged information with all parties involved, report the accident to everyone’s insurance. Some policies require you to immediately report any incident, so you will certainly want to report the event as soon as you possibly can to ensure you are fully covered by your coverage. If necessary, seek medical attention to address any issues which may have been the result of the accident.

This is just a few of the things you need, but your Denver personal injury attorney can give you a full list. Ultimately, you’ll end up speaking to an adjuster as well to help support your personal injury case. We recommend you approach this knowing you’ll need to convince the adjuster it was the other driver’s fault, and that the bills incurred from the accident were substantial and there was additional pain/discomfort.

Will I Have to Pay?
This one can be tricky, but the short answer is it depends on your auto insurance. 
  • At-fault auto insurance: If found at fault for an accident, your insurance should pay for the other person’s vehicle repair or replacement. Your insurance also may cover medical bills of an injured party.  However, if you don’t have collision insurance and are at fault for the accident, your coverage won’t include the costs to repair your vehicle. 
  • Collision or “full-coverage” is usually required if you are leasing a vehicle or if you’re making payments to a bank for an auto loan. While collision insurance covers your vehicle and expenses, liability insurance covers the expenses of the person you were in the accident with. By law, you’re required to have a minimum amount of liability insurance in Colorado. This insurance comes into play when you’re found to be at fault for an accident.
  • No-fault insurance: No-fault insurance is a more streamlined process that ensures that your insurance company will pay for a claim for your vehicles damage, no matter who is to blame. If the other party involved in the accident also has no-fault insurance, their insurance company will cover the damage to their vehicle, even if you were at fault for the accident. The purpose of no-fault insurance is to reduce the monetary costs that are associated with the insurance claims and litigations. It reduces the likelihood that any of the parties will resort to filing a lawsuit to resolve disputes.

Both drivers are at fault for the accident: When both drivers are at fault for an accident, it’s commonly referred to as a 50/50 accident. When this happens, your insurance company pays for your vehicle’s damage, while the other driver’s insurance pays for theirs. However, if you don’t have collision insurance, your insurance may not pay to fix your vehicle.

Auto accidents happen every day, and it’s important to know that if you’re hurt, Mark Simon, your Denver car accident attorney is here to help. It’s not an easy task navigating car accident claims and options. Call Mark A. Simon today to get the advice and council you need to get the compensation you deserve! 
 
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Winter Weather Series: Car Accidents


January 15, 2020

Winter weather means the holiday season, cold weather, and ultimately more car accidents and even personal injury accidents. In part one of our Winter Weather series, we will explore how you can actively do your best to prevent car accidents, what to do after you’ve gotten in a car accident, and ultimately how to decide if you should file suit with a Denver personal injury attorney.

While these tips to help avoid car accidents can be used year-round, they are particularly important during the winter to help prevent any serious accidents. Here are ten ways you can practice safe driving, and hopefully avoid a Denver car accident:
  • Always keep at least one hand, if not two, on the steering wheel. No matter what is going on in your car - this one is very important. 
  • Pull into traffic slowly. You never know who is around you or what they are doing, and during the winter months black ice can be tricky. 
  • Maintain a healthy distance from the car in front of you. Ever heard of the two second rule? It’s a rule often taught to new drivers that you should be at least two-seconds behind the car in front of you...during winter weather we recommend you increase that to five!
  • Eyes on the road. Limit distracted driving by putting away your phone, and avoiding any type of interaction with your car stereo. Keep your eyes on the road at all times! It’s an easy way to prevent accidents.
No matter how hard you try to avoid a serious car accident, sometimes you can’t avoid it. Once you get in an accident, here is what you need to do as soon as a car accident occurs. We recommend printing this list, or keeping a similar list, in your car. Car accidents can be a very traumatic and chaotic experience - it’s easy to forget what you need to do in the heat of the moment. 
  1. Never leave the scene of an accident. Make sure you stop, pull over, and await assistance from police officers and medical personnel. 
  2. Preserving the scene of any accident is extremely important. If there is debris scattered around your car, leave it. 
  3. Once you are safely on the side, make sure you call the police and report the accident. The police officers shouldn’t be long - but in the meantime take time to take plenty of photos! 
  4. Speaking of photos, make sure you take photos of all damage done to your car, and the parts on the road. While you are likely not going to need the photos of the debris, you never know and it’s better to be safe than sorry.
  5. Before leaving the accident, make sure to speak with the police officer and get the information of the other driver. Your insurance company will need to make contact with the other driver’s insurance company...so make sure it includes this as well.
So you’ve successfully maneuvered the car accident...but what’s next? You might be wondering if you should file a personal injury lawsuit - and we have your guide! You’ll want to consider filing a personal injury lawsuit if the other driver is denying fault, or if they are disagreeing about the amount of money they feel that they should receive. A Denver personal attorney can help you determine if that’s the right move for you, but what you’ll need is:
  • Your medical bills/charts/report
  • Police report
  • Any photos you took at the accident
  • The damage report on your car
This is just a few of the things you need, but your Denver personal injury attorney can give you a full list. Ultimately, you’ll end up speaking to an adjuster as well to help support your personal injury case. We recommend you approach this knowing you’ll need to convince the adjuster it was the other driver’s fault, and that the bills incurred from the accident were substantial and there was additional pain/discomfort.
If you are considering whether or not you should file suit, contact Mark A. Simon. Mark will work on the injured employee’s behalf to ensure the worker receives full benefits related to rehabilitation, wage loss, and final settlement. If you have been injured on the job, call (303) 321-4878 to schedule a consultation. 

 
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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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