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


On-the-Job Seizures and Filing Workers’ Compensation in Denver Claim


February 13, 2019

Seizures are terrifying. You can go from normal life to losing consciousness in a matter of a second. Imagine how dangerous they can be for those driving, operating machinery or more in the workplace. Then if you have a seizure, how will that change your work situation? It is essential to know your rights as an employee when it comes to on-the-job seizures and if you can file a workers’ compensation in Denver claim using a top attorney at law. 

Types of Seizures

Just because a person has a seizure does not mean they have epilepsy. What exactly is a seizure? They occur when there are changes in electrical activity in the brain. They can change a person’s quality of life and can be downright scary. There are four types of seizures a person can have: 

Generalized: A variety of seizures that occur on both sides of the brain, causing a loss of consciousness, jerking, reduction in muscle movement or drooping. 
Infantile Spasms: Occurring in babies up to a year old, these are spasms that only last a couple seconds in increments. During these seizures, a baby will have spasms in their limbs or rolling eyes. 
Partial or focal: Seizure that occurs on half of one side. A person can be aware or unconscious. 
Non-epileptic: Caused by stress, a person can experience a psychogenic seizure without having epilepsy. They mirror symptoms of a focal seizure. A person can also suffer a seizure due to withdrawals from alcohol or medications such as benzodiazepines (i.e., Xanax) or barbiturates.

Seizures in the Workplace

Those with seizures, whether they know they have a condition that causes them or not, can be serious and dangerous in the workplace. If a seizure hits while operating a vehicle or piece of machinery, it can be deadly to all parties involved. Or, those that work in isolated environments can have a seizure and no assistance. 

Employee Rights

Epilepsy is a disability, and those who suffer from it have protections from the Americans with Disabilities Act. This law means a person cannot be discriminated against because of their disability. Also, a person is granted accommodations, permissions and tools/resources needed to accomplish their job. If you have seizures, it is best to know your legal rights

Filing a Claim

Injured workers that get hurt on the job while with epilepsy or non-epileptic seizures may wonder how workers compensation comes into play. Can you file a claim? This is where your local attorney can help. They will review your situation with you and let you know if you have a case. A majority of the claims that are taken on by employees that had a seizure due to work activities. If it is a personal issue not relating to the job, you will most likely have to handle it on your own.  

If you are unsure if you are eligible for a claim, contact Mark A. Simon, the premier Denver workers’ compensation attorney. Mark will review your case and share your options with you. As your go-to attorney, the office will do all the work so that you can worry less. Schedule your free consultation at 303-321-4878.
 
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On-the-Job Seizures and Filing Workers’ Compensation in Denver Claim


February 13, 2019

Seizures are terrifying. You can go from normal life to losing consciousness in a matter of a second. Imagine how dangerous they can be for those driving, operating machinery or more in the workplace. Then if you have a seizure, how will that change your work situation? It is essential to know your rights as an employee when it comes to on-the-job seizures and if you can file a workers’ compensation in Denver claim using a top attorney at law. 

Types of Seizures

Just because a person has a seizure does not mean they have epilepsy. What exactly is a seizure? They occur when there are changes in electrical activity in the brain. They can change a person’s quality of life and can be downright scary. There are four types of seizures a person can have: 

Generalized: A variety of seizures that occur on both sides of the brain, causing a loss of consciousness, jerking, reduction in muscle movement or drooping. 
Infantile Spasms: Occurring in babies up to a year old, these are spasms that only last a couple seconds in increments. During these seizures, a baby will have spasms in their limbs or rolling eyes. 
Partial or focal: Seizure that occurs on half of one side. A person can be aware or unconscious. 
Non-epileptic: Caused by stress, a person can experience a psychogenic seizure without having epilepsy. They mirror symptoms of a focal seizure. A person can also suffer a seizure due to withdrawals from alcohol or medications such as benzodiazepines (i.e., Xanax) or barbiturates.

Seizures in the Workplace

Those with seizures, whether they know they have a condition that causes them or not, can be serious and dangerous in the workplace. If a seizure hits while operating a vehicle or piece of machinery, it can be deadly to all parties involved. Or, those that work in isolated environments can have a seizure and no assistance. 

Employee Rights

Epilepsy is a disability, and those who suffer from it have protections from the Americans with Disabilities Act. This law means a person cannot be discriminated against because of their disability. Also, a person is granted accommodations, permissions and tools/resources needed to accomplish their job. If you have seizures, it is best to know your legal rights

Filing a Claim

Injured workers that get hurt on the job while with epilepsy or non-epileptic seizures may wonder how workers compensation comes into play. Can you file a claim? This is where your local attorney can help. They will review your situation with you and let you know if you have a case. A majority of the claims that are taken on by employees that had a seizure due to work activities. If it is a personal issue not relating to the job, you will most likely have to handle it on your own.  

If you are unsure if you are eligible for a claim, contact Mark A. Simon, the premier Denver workers’ compensation attorney. Mark will review your case and share your options with you. As your go-to attorney, the office will do all the work so that you can worry less. Schedule your free consultation at 303-321-4878.
 
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Top Auto Accident in Denver Facts and Stats


February 6, 2019

With Colorado ranking near the top for fatal accidents, it is crucial for all drivers to do their part to keep the roads safe. The state, Denver in particular, is a busy place. With challenging roads and weather conditions throughout the year, all drivers to be more aware. Learn about the top car wreck statistics and ways to prevent an auto accident in Denver from your local attorney. 

Distracted Driving
Nearly 90 percent of Denver drivers admit having driven with distractions. While just over half note it was talking on a cell phone and a quarter texting, distracted driving is much more. In today’s society, many factors affect our day to day, which is important to remember for those on the road. In fact, adults from 21 to 40 are some of the largest culprits of distracted driving. 

Several more factors can keep your eyes and mind off the road. Common distractions include: 

Adjusting music, GPS, settings or other features in the car
Loud passengers
Stress and emotions
Eating or drinking
Pets
Fixing clothing or makeup
Texting
Taking calls 

Marijuana Use
In Colorado, those driving with five or more nanograms of THC in their system could be charged with a DUI (driving under the influence). With five years of legalization under its belt, Colorado has seen mixed stats on how it has impacted accident rates. The number of fatal accidents has risen approximately 10 percent over the last five years. However, in other studies, rates are decreasing. As the state learns more about how marijuana impairs drivers, it is best for all users to stay off the roads after smoking. 

DUIs and DWIs
Often confused for one another, DUI and DWI are different. 

DUI (Driving Under the Influence): A person in Colorado can be charged with a DUI when operating a motor vehicle after consuming drugs and/or alcohol. Those who receive a DUI in Colorado can have their license revoked for nine months, fines up to $1,000, serve 96 hours of community service and attend alcohol education courses. Those who have their license revoked can ask about an ignition interlock advice which allows a person with a DUI the opportunity to use the device before driving to ensure there is no drugs or alcohol in one’s system. This is something to discuss with a lawyer. 
DWI (Driving While Impaired): A lesser charge, those in Colorado can be charged with a DWI when driving under the influence of a substance—even if they are below the legal limit. On the first offense, a person with a DUI in Colorado can receive eight points on their license, up to 180 days in jail, fines up to $500 and even community service requirements up to 48 hours. For second and third offenses, penalties can be up to $1500, time in jail or prison is introduced, and community service is required.

While marijuana tickets and arrests may be lowering, those being charged with a DUI or DWI is on the rise in Colorado. This has unfortunately increased the number of fatal accidents in the state. 

Trucks and Semis
Interstate 70, commonly known as I-70, stretches from Maryland on the east coast all the way to Utah on the west coast. Denver is one of the many cities it runs through, making it a popular route for trucks and semi drivers. While the logistics industry is booming, higher demand also puts more strains on drivers. Many drivers get tired and fall asleep at the wheel, while others can become distracted. Also, drivers around semis do not always realize their driving habits could lead to accidents. Thousands are injured or killed each year, making it crucial to be mindful to avoid a personal injury in Denver by staying out of trucks’ blindspots.  

Motorcycles
Accidents involving a motorcycle are on the rise in Denver. Nearly 50 percent of those accidents include injuries due to not wearing a helmet or other protective gear. Another problem in Colorado is the number of motorcyclists without proper license to operate. As with semis, motorcycles and vehicles need to work together to protect each other on the road. In Colorado, cyclists must get the motorcycle approval for their license and take motorcycle training. 

Electric Scooters
In 2018, the city of Denver was introduced to one of the latest crazes in public transportation: dockless electric scooters. Scooters were brought in without any regulations in the town, there was a period when all was up in the air. According to e-scooter accidents, injuries on the rise across Denver, FOX 31 reports roughly 20 injuries per week, from fractures to road rash, due to accidents involving scooters. Some riders don’t follow basic rules while others do not wear the recommended helmet. 

Since launching in Spring 2018, laws have been implemented and enforced to reduce injuries, including mandatory use in bike lanes if lanes are available. Electric scooter riders can use sidewalks on streets that do not have a bike lane and must go six miles per hour or slower to avoid injuring pedestrians. For riders sharing the road with vehicles, they must stay as far to the right as possible and obey all other traffic laws as if they were in a car or truck. For downtown Denver, scooters are not permitted in any way on the 16th Street Mall. For those looking to ride with a friend, that is also banned. Only one person is allowed on scooters. In addition, companies that provide scooters must have proper lights and reflectors for safety. 

When it comes to representation due to a car accident, Mark A. Simon attorney at law will help you with your case. With more than 20 years of experience in the field, this premier team will work hard to ensure you get the justice and service you deserve. From motorcycle incidents and trucking accidents to wrongful death and drunk driving, the Mark A. Simon law office is your go-to to handle your case. Delivering you the quality service you need, schedule your consultation at 303-321-HURT to get started. 
 
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Six Tips for Recovering from a Winter Auto Accident in Denver


January 30, 2019

This winter is a dangerous time to be on the road due to the colder temperatures causing engine problems in vehicles nationwide, but also ice and snow can be a dangerous obstruction to many drivers. If you’re worried about what you should do when you get into a winter auto accident in Denver, you don’t have to look any further. Below, are six helpful tips to guide your recovery following a severe winter auto accident

1. Contact Your Auto Insurance Provider

As soon as you get into an accident, make sure you get the information from other drivers and pedestrians involved. This will become incredibly handy when you go about contacting your auto insurance provider and file a claim against the other driver(s) if you weren’t at fault. It’s also beneficial to contact your insurance provider as soon as you leave the scene of the accident since it will be fresh in your mind. This will come in hand when your insurance provider asks you questions about the accident, the longer you take to call your insurance company, the harder it will be to recall specific details of the event. 

2. Consult with Your Doctor

Once you leave the scene of your auto accident, you should consult with your doctor in case you have injuries that can’t be identified by yourself. Although scrapes of bruises may not be a severe injury, you should get a few x-rays done just to make sure you haven’t sustained severe internal injuries. Of course, if you do feel hurt, you should make sure your doctor knows so that the injuries can be identified and you can be referred to a physical therapist if need be. 

3. Meet with a Physical Therapist

If you sustained serious injuries due to the auto accident, you should make sure your insurance company knows and forward documentation of your medical bills to them. However, to work on recovering from your injuries, you should meet with a local physical therapist. This kind of medical professional can help get you back on your feet and help you regain your mobility. Before meeting with a physical therapist, it’s worth consulting with your health insurance provider on local physical therapists (PT) to use. Even if your doctor recommended you to see a particular PT, it’s essential that they accept your health insurance plan, or else you’ll be paying for all of this out-of-pocket, which not everyone can afford.  

4. Take Necessary Time Off Work

Following your auto accident in Denver, you should take time off work, even if it’s just for a few days. Naturally, no one enjoys losing money, but you need to take the necessary time away from work to recover from the traumatic experience. If you can take paid time off, now is an ideal time to take advantage of this work benefit. However, there are typically a number of programs that pay individuals that are out of work due to an injury. Your health insurance coverages might even include this particular situation, so you don’t have to worry about not being paid while out of work recovering from your injuries. 

5. Complete Your Auto Accident Claim

While you’re recovering from your accident, it’s an excellent time to complete your auto accident claim to ensure you get compensated for the damage to your vehicle, as well as to your body. To complete your claim, you’ll likely have to give your auto insurance company any additional information you have to offer, as well as medical and vehicle repair records that you have. Generally speaking, the more information your auto insurance company has, the better off you will be and the higher the chance of your claim getting approved quickly.

6. Get Your Vehicle Repaired 

The last step in this lengthy process of recovering from a winter auto accident in Denver is to get your vehicle repaired. Your auto insurance company should be able to direct you towards a reputable mechanic in your area. You’ll have a chance to drop off your vehicle and make any necessary repairs due to the accident. However, you don’t have to worry about paying anything, other than your deductible and other out-of-pocket expenses, such as if the damages exceed your coverages. Once your vehicle is repaired, you can pick it up good as new, and start getting your life back on track. In the meantime, when your vehicle is being repaired at a local garage, your insurance provider should be able to find and pay for a rental vehicle that you can use for getting to and from your house. This option is included in most auto insurance coverages, but not everyone has it, so it's worth asking your auto insurance provider. Even if you have to pay rental fees out-of-pocket, rental vehicles aren't too expensive.

How You Can Drive Safer in the Winter

Driving in the winter can be incredibly dangerous, but there are ways you can work on driving safer in the ice and snow. First off, you should avoid driving in snowstorms and limit the amount of time you spend on the road. Before driving, you should make sure that your vehicle is cleared of snow and ice and plan on putting a sandbag in your trunk to add weight to your vehicle to help gain control while driving on ice. Also, you should always let your family know where you’re driving while on the road in winter in case an accident does happen. Driving during the winter can be pretty nerve-racking, so following these tips can help you get a better handle of yourself and your vehicle this winter. 

Although vehicle accidents in Denver during the winter can be hard to avoid, it’s surely not impossible. Hopefully, this lengthy guide could offer you help in recovering from a winter auto accident in Denver during the snowier months of the year. If you’ve been in an auto accident and not sure where to start, reach out to Mark A. Simon, attorney at law, at 303-321-4878 for legal assistance and to start recovering from your auto accident. 

 
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How to Avoid Auto Accidents in Denver This Holiday Season


December 12, 2018

The holiday season is one of the busiest times of the year, especially on the road. When you’re driving, it’s important to be especially careful this time of the year to prevent auto accidents in Denver. Although you may never think you could be another statistic, you’d be surprised how many drivers lose their lives during the holiday season by driving too fast, drinking while driving or refusing to buckle their seatbelts. Below, are a few tips you can begin using today to avoid serious auto accidents in Denver during the upcoming holidays. 

Keep Your Vehicle Maintained

What better way to make sure you stay safe on the road than to keep your vehicle maintained? Although no one enjoys spending money on a tuneup or annual inspection, it’s necessary to prevent small repairs in your car, truck, or van from becoming worse. Plus, the last thing you want to do is pay for costly maintenance during the holiday season, that’s money you could be spending on your loved ones. Before heading out on the road this winter, make sure you visit your local mechanic to have your vehicle inspected and ensure there aren’t any issues that could impair your driving. 

Always Buckle Up

Before starting your vehicle, the first thing you want to do is buckle up. It may not seem “cool,” but it could very well save your life. Plus, your seatbelt is there for a reason. As soon as you close your car door, but before you place your hands on the steering wheel, you should hear the click of the seat belt. Driving without a seatbelt contributes to hundreds of thousands of deaths every year, put your family first this holiday season and make sure you’re properly buckled before heading out on the road. It takes seconds to do and can save the lives of yourself, as well as everyone in your vehicle. That’s right; you should also make sure every passenger is buckled in your vehicle too. 

Keep Your Kids Buckled Safely

You should never let your kids ride in your car without having them buckled in. Although they may see you as the “cool parent” if you drive them without having them buckle up, you’re only putting them and yourself in serious danger. If your child uses a booster seat, you should also make sure it’s properly secured, and your child is buckled into it every time you drive them. Remember, as your child grows you might have to purchase new booster seats dependent on their age, height, and weight. Even if your kids don’t use booster seats, before leaving the driveway, you should ensure their seatbelts are securing them in the vehicle. 

Don’t Drink and Drive

In case you haven’t seen the dozens of advertisements for preventing adults and teens from drinking and driving, you can hear it here as well. If you’re planning on driving anywhere this winter, but have been drinking, you should not be behind the wheel. Plus, you have plenty of other options for getting home, such as rideshare services, asking a friend for a ride home, or simply not drinking when you know you have to be on the road. Don’t selfishly put yourself first and get buzzed before placing yourself behind  the wheel. It may seem like overkill to keep hearing about the many dangers of drinking and driving, but you don’t want to make yourself a statistic this holiday season. Keep your family in mind and put the drink down if you’re planning on driving.

Have a Clear Head While Driving

It’s essential you’re always driving with a clear head, especially in the winter time. If you’re feeling unfocused, tired, angry, or upset, you should (if you’re driving) pull over to the side of the road and meditate for a few minutes to clear your mind. But what’s the reason for not driving with an an unclear head? If you’re driving angry or upset, it’s easier for you to cause an auto accident in Denver due to not being focused on what you’re doing. It’s not to say you can’t drive with any emotion, but if you feel like you’re a danger to other drivers on the road because you’re feeling upset, you should simply pull over to the side of the road until you feel a little calmer and have a clearer mindset. 

Get Rid of Distractions

There can be a lot of distractions in your car that can cause you to crash into another vehicle, such as your phone, friends talking to you, or a pet you have with you. It’s incredibly important that you limit the amount of distraction in your vehicle while driving, especially during the winter holiday season. Although this can be hard to do, some are easier than others, such as silencing your phone or leaving your pets at home. Even if you may want to use your smartphone for directions, there’s a difference between using a purposeful device and having it distract you while driving, such as texting or calling your friends or family. 

Avoid Driving in Hazardous Weather

You really never want to be driving in hazardous winter weather, such as hail storms, blizzards, or torrential downpouring rain. Although severe weather can be hard to avoid, especially if you have to drive to work, if there’s a severe storm, commute instead. The reason for this is due to the rise in accidents when hazardous weather occurs. Plus, your family will feel a lot less worried about you driving in a severe storm. 

There are so many ways you can avoid auto accidents in Denver this holiday season. However, that doesn’t mean they can’t still happen. This winter, make sure you stay safe on the road with the tips above. However, if you do get into an accident, make sure to call Mark A. Simon, attorney at law, at 303-321-4878  for legal help with creating your auto accident claim. After all, not every auto accident can be avoided, no matter how safe you are on the road.
 
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