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 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.

Denver Auto Accident Attorney Explains What to Do when Hit by Drink Driver

October 24, 2018

Even when we are the most cautious, we cannot control outside factors that surround us—which holds true in the case of automobile accidents. Unfortunately, drunk driving accidents and fatalities in Colorado are on the rise, putting responsible drivers on high alert. Knowing what to do in the case of being hit by a drunk driver in advance can help you navigate through the legal process. Learn more about drunk driving accidents and how your local Denver auto accident attorney can help you with your case.  

Colorado Legal Limits

In the state of Colorado, there are two types of incidents for driving under the influence: Driving under the influence of alcohol, or DUI for short, and driving while ability is impaired, known as DWAI. 

First and foremost, it is best to always get a designated driver or call a cab or Uber when drinking. This will keep you from being a liability on the roads as your fellow drivers will be safe. 

Reviewing the DMV’s DUI & DWI in Colorado basic information, a person can be charged with a DUI when they are in control of a vehicle while under the influences of drugs and/or alcohol. A DUI is the more severe criminal act of the two—but a person should aim to not be charged with either. 

A person that is 21-years-old or older cannot have a blood alcohol content (BAC) that is 0.08 percent or higher. If they do, they will be charged with a DUI. For those under the legal limit to drink alcohol, the BAC level is 0.02 percent. Offenders face fines up to $1,000, up to one year in jail, a suspended license for nine months and up to 96 hours of community service and alcohol education courses. 

Just because a person does not exceed the 0.08 percent BAC limit does not mean they will not be in trouble with the law in the event of an incident. If a police officer sees questionable behavior on the roads and a person has a BAC of 0.05 percent, they can be charged with a DWAI. This means their ability to operate a vehicle has been impaired from drugs or alcohol. Those charged with a DWAI can receive eight points on their licenses, which leads into a suspension. Also, there is a fine up to $1,500, up to one year in jail and up to 96 hours of community service required. 

Second and third offenses lead to more extreme jail sentences, fines, suspensions, and other penalties. 

Drunk and Impaired Driving Stats

Based on Colorado’s traffic and safety statistics, there was an increase of more than 10 percent in fatal drunk driving accident in 2017. There was almost a one percent increase in DUI and DWAI incidents reported. To combat this, in the state’s strategic plan, they aim to reduce drunk driving fatalities and injuries through auto accidents by five percent. In 2017, they were 1.4 percent closer to their goal. They also hope to reduce DUI and DWAI crashes and fatalities by five percent, as well as unrestrained occupant fatalities. 

But DUI and DWAI incidents do not just happen between two cars. Pedestrians have seen a near 50 percent increase in incidents since 2015. With so many people paying attention to their phones or other things while walking, it makes it more likely that people do not pay as much attention to their surroundings. 

Common Times of Year for Increase in Drunk Driving Incidents

While drunk drivers can happen at any time, there are certain days of year a person and families should be extra cautious. Some of the main holidays that lead to a spike in claims include: 
  • New Years’ Eve and New Year’s Day
  • Super Bowl
  • St. Patrick’s Day
  • Cinco de Mayo
  • Labor Day 
  • Independence Day
  • Memorial Day
  • Halloween
  • Thanksgiving (and the day before Thanksgiving)
  • December holidays

Incidents are most likely at night but can happen during the day. When driving, always stay on alert for distracted and impaired drivers. 

What to Do if You’re in an Accident

If you are in a car accident, your safety is your top priorities. If a physically fine and damage is minimal/car is in working condition, you can move the car safely to the side of the road. Be sure to turn on your flashers. 

Second, make sure to call authorities immediately. You can inform the officer of your go-to concerns upon their arrival. Once you get out of the vehicle, get the other driver’s information. This includes their name, phone number, driver’s license, and insurance information. This will be key in your insurance claim. 

Third, document, document, document. Take quality photos of everything as that will help your case. It is also important to quickly write down what happened while all is fresh in your mind. Include every detail possible, including the date, time and location. If presented with anything to sign, hold off unless it is from your insurance agent or your premier auto accident attorney. 

Speaking of insurance, they will be your final call after you speak with the police. They will walk you through kicking off your medical claim. 

What to Know if You are Hit by a Drunk Driver

Upon being hit by a drunk or impaired driver, contact a go-to accident attorney. A lawyer will specialize in assisting Denver drunk driving victims to help them get the settlement they deserve. From injuries to deaths, it is important to have a lawyer that will fight for your rights. Money will assist with medical claims, pain and suffering, and more. 

For an attorney you can trust during your drunk driving case, contact the office of Mark A Simon. As an experienced attorney, Mark will work through your claim to ensure you receive what you are entitled to. The best way to be prepared is to save our office number in your phone: 303-321-HURT. This will help you quickly make a call in an emergency situation, helping you get a great start to the process. 

The much-discussed, somewhat controversial I 70 construction project has finally begun

October 17, 2018

The much-discussed, somewhat controversial I 70 construction project has finally begun, bringing a series of issues to drivers in the Denver metro area. The project aims to make significant changes to this major thoroughfare, bringing a large section of the road below grade and adding toll lanes with the intended purpose of improving traffic flow. Any Denver driver knows how much of a nightmare driving on I 70 can be, as traffic congestion can be beyond stressful. But with this new construction project underway, it’s likely that other nearby roads will eventually deal with increased traffic flow, stressing the importance of safe driving by all drivers.

Simple Tips for Staying Safe on the Road

Keep a safe distance between the driver in front of you. -  While this may be one of the simplest and most obvious pieces of advice, it can often be ignored during peak traffic times, as drivers are impatient to get home after a long day of work. Avoid the urge to tail closely behind the driver in front of you and maintain an adequate distance to provide for unforeseen sudden stops. Allowing for a larger margin of error while driving can dramatically reduce the possibility of rear ending the car in front of you.

Avoid distractions. - In 2018, the sight of distracted drivers is becoming a much more common occurrence, as cell phones often occupy a person’s attention as much, if not more than the car in front of them. This dangerous practice is one in a series of distracted habits that every driver should seriously avoid if they care about their safety, as well as the safety of other drivers on the road. If your phone has become a constant source of distraction, consider leaving it in a place that is inaccessible while driving and let others know that you won’t be able to be reached while on the road.

Plan your route based on current detours. - We’ve all had a detour completely take us off of our planned route, created an immense amount of frustration as well as likely making us late. This can not only be a morning-wrecker, but it can also lead to drivers taking abnormal risks while on the road, which can lead to accidents. With the I 70 construction project eventually creating serious detours, stay up to date on the latest routes and plan ahead to avoid headaches.

It is important to do everything you possibly can to avoid an accident, but sometimes things happen that are out of your control. In these cases, you will want someone to advocate for you every step of the legal process. Because of this, it is important to seek out the services of a qualified auto injury attorney that will fight for your rights every step of the way. Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement. He will begin the investigation process immediately, ensuring you receive the best representation possible. Contact him at 303-321-4878 to discuss your legal options during a free consultation.

Tips for Staying Safe on the Roads with School Back in Session from Your Denver Auto Injury Attorney

October 10, 2018

The end of summer signifies the return of millions of students to schools across the United States. For many parents, this also means a time for rejoicing, as they will no longer have to fret about their children getting into mischief while they are unattended to. The increase in childcare bills will also vanish, as kids will once again be under the watchful eye of educators. Additionally, the start of school also brings with it an increase in the amount of pedestrian traffic and a boost in the activity around school zones. Even if you don’t have children to tend to, you will need to increase your driving awareness while on the road. Here are some helpful tips for staying safe behind the wheel from your Denver auto injury attorney.

Timing is Important: Keep Yourself Plenty!

Morning commutes, whether it is to work or school, can be fraught with stress and unfortunate delays. Back-to-school time means an increased amount of traffic on the road, as fellow parents and educators return to the roads during the morning time, leading to an increase in traffic delays and stressful headaches for any motorist who finds themself caught in a jam. Planning ahead will provide you with a much-needed amount of leeway to avoid unfortunate morning situations. 

If you are one of the lucky individuals who has to commute to work or needs to drop their children off during the busiest traffic time of the day, be sure to give yourself ample time to make the commute bearable. Planning ahead for unforeseen traffic situations can dramatically reduce the amount of stress both you and your children experience during the morning commute. The worst start to your day can be a traffic jam that stresses out both you and your kids, which can set the tone for the rest of the day.

Leaving a few minutes early will provide you with a necessary cushion to avoid having to speed and drive unsafely in order to remain on time. While you may feel the need and obligation to arrive on time, it is certainly not worth putting yourself, your loved ones, and other motorists at risk by engaging in risky driving behaviors. With school back in session, there will be an increase in the amount of pedestrians walking near roadways, especially younger individuals who are less keen to be aware of their surroundings than adults. If there was ever a time to practice defensive driving habits, the back-to-school period is certainly it. 

Educate Your Children on the Dangers of the Road

Sending your children back to school tends to involve ample amount of planning, preparation, and education on the part of parents as a way to ensure their children feel ready to head back to the classroom. As a part of this planning, parents should seriously consider educating their children on the potential dangers of being close to roadways. If you children walk to school, this should be especially important to parents, as your children will be much more vulnerable to the possibility of dealing with motor vehicles. 

If your children are on foot to school, map out their specific route with them as a way to show them the most hazardous portions of their commute. Locate and make them aware of the parts of their journey that are the most dangerous, including crossings as well as parts where drivers are likely to speed up or miss stop signs. As a part of this safety plan, always remind your children to remain vigilant and to stay off of their phones and other electronic devices, as this will make them much more prone to being hit by cars they can’t see. 

Minimize Distractions

The rise of smartphones and other electronic devices has increased the amount of distracted drivers on our roadways. It should come as no surprise that distracted driving is one of the leading causes of accidents in recent times, and it stresses the need for motorists to remain alert and practicing safe driving habits. Even if you aren’t on your phone, there are almost certainly plenty of other drivers on the road nearby who are, which only highlights the importance of practicing defensive driving behaviors.

With school back in session, a distracted driver can lead to a tragic situation, one that could have easily been avoided had the driver remained aware and vigilant to their surroundings. Young children are less likely to be aware of their surroundings and may inadvertently enter into traffic without warning, making it absolutely crucial that drivers remain focused on the road instead of staring into their smartphone.

Although you may need to be connected to your mobile device for work reasons, any kind of activity on your smartphone can be avoided in favor of remaining safe. If you are prone to answering your phone or texting while driving, eliminate the urge to pick up your phone by placing the device out of reach while you are on the road. If you absolutely must answer a call while you are driving, set up a hands free device to make the practice a much safer endeavor. In addition to unsafe phone usage, keep other distracted behaviors to an absolute minimum, such as eating or playing with your car’s radio. Always remember that the safety of you and potential pedestrians takes precedence to any other activity. 

It is important to do everything you possibly can to avoid an accident, but sometimes things happen that are out of your control. In these cases, you will want someone to advocate for you every step of the legal process. Because of this, it is important to seek out the services of a qualified auto injury attorney that will fight for your rights every step of the way. Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement. He will begin the investigation process immediately, ensuring you receive the best representation possible. Contact him at 303-321-4878 to discuss your legal options during a free consultation.

Should You See a Chiropractor or Specialist After a Denver Auto Injury?

September 19, 2018

After undergoing a Denver auto injury, you may feel overwhelmed about your condition. Your top priority is to receive proper treatment, which can be difficult if you are unsure of the root of the problem. Some injuries cause side effects that present symptoms right away, while others may not show up until weeks later. Between managing your insurance claims and possibly fielding phone calls from local chiropractors and health specialists in the area, you might not be sure what to say yes to. Learn more about chiropractors and health specialists and how they can help after your auto accident. 

What is a chiropractor? 

Chiropractors use a manual treatment and correction of the spine or soft tissue to help reduce pain and increase mobility. It is a common choice among those with back problems and other injuries as a resort before surgery or in some cases, eliminating the need for surgery. In conjunction with your medical doctor, a chiropractor will complete an examination to assess the situation. From there, they will complete a series of manual adjustments over a duration of time. After a car accident, if you are contacted by a chiropractor, you can ask your primary care physician if they feel it will be helpful in conjunction with your treatment plan. You can also reach out for an exam with a quality chiropractor to schedule a consultation. Do not feel rushed to decide though that you are not comfortable with. 

Types of specialists

There are a wide variety of specialists that can help you during your recovery phase after a car accident. To get started, it is best to see your primary care physician first to help you determine a specialist to see. They are able to make a referral that you can run through insurance.  Car accidents commonly cause muscular injuries, making a premier rehabilitation specialist helpful in recovery. Another go-to specialist to help you recover is a physical therapist. Through physical therapy, they will help you work through motions and regain strength.                                                                                                                             

Working on your claim

After an accident, your proper route of treatment can be confusing. You may receive calls from chiropractors and specialists strongly urging you see them. When you are working with your insurance company on your claim, you may be worried their services will not cover the costs. However, this is why it is important to connect with a top accident attorney in your area. Avoid settling on your medical claims and do not sign a release without fully reading documents—which includes assistance from that lawyer. Keep these first steps following a personal injury auto accident handy in the event you need to use them. 

If you have been injured in a car accident, the law office of Mark A. Simon can help you find an appropriate specialist. Our goal is to help you not feel overwhelmed and guide you to the right action to receive proper care. We want to make sure you understand the importance of seeking medical care after an auto accident. Contact our office today at 303-321-HURT for your free consultation.