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


How to Make Sure Your Case is a Success From Your Denver Personal Injury Attorney


May 16, 2019

If you’ve hired a lawyer for your personal injury case, you’re clearly committed to the legal outcome that you desire. Individuals seeking restitution for an accident often seek the help of a trusted attorney who can help guide them towards the outcome they seek, as they will be able to offer expert advice in arenas which are usually murky, confusing, and unfamiliar places for the large majority of the population. In order to reach the victory one seeks for their particular case, it is important to ensure you take all of the proper steps from start to finish, as one mistake can seriously harm the outcome of your case. In order to make sure that your case is a success, here are some tips from your local Denver personal injury attorney.

Build the Case

In order to achieve the desired outcome for your case, you will want to take every step to ensure your success. One of the most important parts of this puzzle is to build a strong case for you and your attorney to take into court. In order to do this, you will want to remember how important documentation is with regards to your case. You will want to make sure you document every possible thing you receive that has any relationship to your case. 

Receipts for travel, food, and other important items should be kept. Doctor’s appointment notes, police reports, eyewitness testimony, and any other thing which can help your case should be saved and filed for ease of access. It can be easy to overlook saving every possible receipt, especially early on in your case. But the importance of saving every piece of documentation you can will make it much easier for your attorney to build a sound case. This also means preserving any evidence you have related to the case, which can include pictures of your incident, the clothes you were wearing, and other factors which can confirm the validity of your case.

Preserve the Evidence

If you were injured in a car accident or another personal injury situation, you will want to do everything you can to preserve the evidence. Don’t just assume that medical personnel on site will take photos for you; instead, have your friends or anyone you can to take pictures and send them to you, as you will want to have as much ammo as possible to support your case. If there’s a police report, you will definitely want to have it sent to you in order to help out with the outcome of 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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Staying safe on the roadways


May 9, 2019

According to the National Safety Council, there is an estimated 40,000 roadway deaths per year. If you drive for your line of work, there are somethings that you can do to help prevent injury while on the job, as well as strengthen your case if you are injured on the job. If you are injured, reach out to your personal Denver injury attorney. With that in mind, here are some of our tips to driving safely, and strengthen your case if you are injured.

Safe driving tips might be common sense to most, but if you aren’t following any of the below you might not have a case if something happens while you are working. You should always stay safe while driving, but when behind the wheel we do have some general recommendations that seem to be forgotten.

Obey all speed limits and signs
While this is a common one, it is also one that we seen is consistently disobeyed. When driving for work always abide by speed limits and be careful when obeying traffic symbols and signs. If you disregard speed limits or signs, your employer could cite this as the cause for an accident and avoid any liability. 

Never drive under the influence
Driving under the influence of alcohol or illegal drugs is never a good idea and it is of course illegal. While driving in general, you should never drive under the influence. Another thing to consider is if you are on any medications. Check with a doctor before taking prescription medication, if your medication is going to cause drowsiness you should avoid taking it while on the job.

Safety First
Always wear your seatbelt while driving, and before driving do a safety check. Are all your mirrors in the right place, are there air in your tires? While these are basic, you’ll need to make sure you abide by all of these to ensure that you are not only safe, but if something does happen you’ll be legally protected as well.

Defensive driving
Defensive driving goes hand in hand with our safety first recommendation. When practicing defensive driving you should always expect the unexpected and be aware of what others are doing around you. Not only will this help keep you safe, but it could lead to you seeing things that might help you in a case. Always keep a 2-second distance between you and the car in front of you, it’ll give you time to react in the instance of an emergency.

Driving alone
This final tip is specifically related to driving for work, and oftentimes your employer will have something documenting this. If your line of work does not require children or others to be present in the car, avoid having others with you. Having others present in the car, especially children, might cause a distraction and keep you from fully focusing on driving. Something you want to avoid if working, or hoping to stay as safe as possible while on the job. Your employer can use having others in the car as evidence of distracted driving in the case of a lawsuit.

If you’ve stayed safe while on the job, abided by all road rules and procedures, but were still in a traffic accident it is possible you could have a case. However, your employer does have legal responsibilities to ensure your safety while you are driving for work and if they’ve failed at any of them you might have a case. When thinking about moving forward with a case, there are some things you should consider. 

Company Policy
Does your employer have a company policy when it comes to driving? If your company does not have a policy, or has failed to communicate that policy effectively you might have a case. Companies should communicate safety rules and regulations consistently, efficiently, and often with employees. Company policies should include safe driving rules/regulations, policies in case you are in an accident, and helpful contact information. This is not a complete and exhaustive list of everything that should be included, but it is a good starting point.

Check Company History 
Does your employer have a history of employee accidents? Check to see how many accidents your company’s employees have had, and have any of them filed suit. If you discover many employees have filed suit against your company, and won, you should each out to a Denver personal injury attorney. 

What Were You Doing? 
What were you doing at the time of the accident? Be honest with yourself on this one. If you were texting and driving you are not going to win a case. If you were safely driving and something still happens you might have a case, but contact your Denver personal injury attorney to discuss.

Does Your Company Have Insurance? 
This is an extremely important question to ask and one that will be very telling on how professional and prepared your employer is. If your company does not have insurance, that could be indicative of a larger problem. 

If you have evaluated your options and believe you might have a case, contact a Denver personal attorney. Mark A. Simon is a Denver attorney 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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What Are the Worst Mistakes That Can Affect Your Case from Your Denver Personal Injury Attorney


April 24, 2019

If you’ve been injured in a serious accident and are now in the process of trying to secure compensation from an insurance company, you are likely engaged in a battle which can stretch out much longer than a year. You may end up fighting the insurance company tooth and nail, making the importance of hiring a lawyer all the more critical to your situation. But as the client, there are plenty of situations and circumstances which can dramatically alter the outcome of your case. Unfortunately, there are plenty of clients who are simply unaware of what they should and shouldn’t be doing during the course of their case. With that in mind, here are some of the biggest mistakes people make during their case from your Denver personal injury attorney.

Reveal Unnecessary Information Online


The age of social media has given rise to a whole host of issues which are now affecting society in many different ways. The effect that social media and the internet as a whole can have on an individual is clearly profound beyond our current comprehension. But something which we can definitely comprehend is the way in which we expose ourselves online can negatively impact our legal case.

This is especially true of personal injury cases, as insurance companies will be looking for any reason not to pay for your claim. Often, insurance companies will hire private investigators to attempt to dig up as much negative information they can find about a person as a way to delegitimize their case. If a person is openly talking about their case on Facebook or other platforms, it can certainly impact the outcome of their case in ways that may not be readily obvious to the person when they are making the post online.

Tell the Insurance Company Things They Shouldn’t


Beyond revealing too much about yourself or the case you are involved in online, another huge mistake a person can make during the course of their legal proceedings is to reveal too much information to the insurance company. Often times, an insurance company will attempt to get a person to reveal sensitive or unnecessary information in order to use this information against the client. Whenever possible, always defer to your attorney and make sure not to tell more than you need to. It’s always a good idea to consult with your attorney, as they will know the best course of action and steps to take in order to ensure that your case goes exactly the way you would like it to. 

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 need a Denver personal injury attorney 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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What to Do After You are Injured in a Car Accident From Your Denver Personal Injury Attorney


April 17, 2019

The act of getting into a car accident can be one of the most stressful and traumatic incidents you will experience during the course of your lifetime. Even if no one is killed, you may still suffer from plenty of post-traumatic-stress as a result of this event, requiring therapy and counseling beyond just what will be required of you with regards to physical rehab. A car accident can also become a financial burden for you, even if all parties involved are insured. It’s important to know what steps to take to ensure the success of any future legal cases. Here’s what to know from your Denver personal injury attorney.

Stay, Protect, and Call

First, don’t ever leave the scene of an accident, even if you were not the one at fault. 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.

Keep an Accurate Record of Everything

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.

Mark A. Simon, Denver car accident attorney, 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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How to Avoid Accidents with Emergency Vehicles in Denver


March 20, 2019

Commuters, professionals and small business owners from across Denver and surround know that the emergency vehicles utilized by our local police, fire department and ambulance services are on the road for one reason: to protect and serve the public at large. Whether it’s responding to crimes, accidents or emergencies, our first responders help keep us safe 365-days a year. Yet despite their best intentions, emergency response vehicles are involved in hundreds of accidents all over the country each calendar year. Crashes and accidents involving emergency response vehicles are a serious problem across the United States, all-too-often resulting in injury and death to emergency responders, other drivers and pedestrians alike. Understanding the underlying causes of these crashes is critical for establishing effective strategies for reducing the occurrence of similar incidents —and helping you take measure to avoid them, whether you’re traveling across one of Colorado’s picturesque highways or simply traveling in your own neighborhood. 

Emergency response vehicles are often more likely to get into accidents every year, particularly given the fact that they need to travel at have to travel at high speeds to reach emergencies. It is estimated that emergency vehicle accidents in the United States costs $35 billion annually, and the statistics regarding accidents and emergency vehicles might surprise you. But by following these tips, you can stay safe on Denver’s roadways while giving first responders ample time and space to do their jobs of protecting the public at large safely and effectively. 

National estimates say that over ambulances are involved in over 6,500 accidents each year —a third of which involve an injury or fatality. Over 63% of people killed in accidents with ambulances are passengers in another vehicle. Similarly, police vehicle pursuits result in over 300 fatalities on U.S. roads each calendar year. Estimates indicate that over 30% of these fatalities occurs to people who are not involved in the chase. Given the hazards inherent in most police chases, police officers are in involved in nearly double the rate of motor vehicle crashes versus the general public. If you’re on the road and see an emergency vehicle engaging or taking action on the road, following some simple steps can go a long way in keeping you out of harm's way —protecting you, the emergency response vehicle, and you fellow drivers. 

Sirens Approaching From Behind

All drivers know to pull over to the right hand side of the road when you hear a siren approaching from behind. However, it's important to remember not to be hasty. While our knee-jerk reaction may be to turn to the right as quickly as possible, make sure you're careful there are no other vehicles, pedestrians, motorcyclists or cyclists in or around the breakdown lane or sidewalk. Also, keep your blinker or hazards lights on until all emergency vehicles have passed and you're sure it's safe to return to the flow of traffic. 

Sirens Approaching From Up Ahead

When you hear emergency vehicle sirens approaching from ahead, take the same diligence when pulling over to the right. If you are heading in one direction with the lanes separated by barriers, the chances of an emergency vehicle traveling against traffic is rare, but not impossible. Pulling fully into the breakdown lane (when possible) frees your lane for the emergency responders to pass through if they are traveling against the grain. 

Sirens Approaching as a Pedestrian or Bicyclist

Pedestrians and bicyclists also need to exercise caution when they are alerted by sirens on the road. Never operate a bicycle while listening to audio entertainment —particularly in heavily trafficked areas. Pedestrians should also remove any headphones prior to crossing heavily trafficked intersections and multi-lane roads —what you can’t hear might hurt you. In addition, both bicyclists and pedestrians need to utilize proper crossing areas such as crosswalks when navigating traffic. Failure to do so isn’t just a violation of the law, but could also jeopardize your safety. 

Colorado's Move Over Law

All drivers in Colorado should familiarize themselves with the state's "Move Over" laws —a set of rules and restrictions that delicate the proper approach drivers should take when they approach an emergency vehicle. Colorado Law 42-4-705 states: "On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle or stationary towing carrier vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the stationary authorized emergency vehicle or stationary towing carrier vehicle." That's a long way of saying give emergency responders as much room as possible when the situation allows.

First Responders are Trained to Drive Safe

Rest assured, all emergency response vehicle operators receive training on how to navigate the roads properly. Emergency Vehicle Operator Courses (EVOC), are designed to educate first responders in identifying strategies and techniques that can be utilized during emergency vehicle operations. Throughout EVOC training, fireman, ambulance drivers and policeman are trained in the many dynamic forces of nature and physics, which will work both for and against the safe operation of emergency vehicles.


Injured in a Car Accident in Denver? Contact Mark A. Simon Today

If you’ve been injured in an accident with an emergency vehicle while following the rules of the road, the experienced and professional team here at Mark A. Simon are here to help. We have decades of experience with workplace compensation and personal injury suits across Denver, Littleton, Aurora and surrounds. Our team of attorneys works closely with each of our clients to get you what’s rightfully yours if you’re injured through no fault of your own. 
 
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