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

Injured in a Car Accident? Here is What You Should Think About Doing Next From Your Denver Personal Injury Attorney

July 10, 2019

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

Stop and Call the Police

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

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

Make an Accurate Record

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

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

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

Your options after being injured in a drunk driving accident, from your Denver attorney

June 19, 2019

When it comes to drunk driving - don’t do it. If you have been drinking be sure to take a ride-sharing service, have a designated driver, or make alternative ride/lodging options. If you have taken every precaution to stay safe, and are hit by a drunk driver it can be an unsettling experience. Being hit by a drunk driver can cause even more issues - such as aches, pains, and for the worst of accidents long-lasting injuries that can hinder your ability to function to your full potential. But no matter what, you do have some options. Let’s dive into your options, and what they mean for you.

Insurance Claims
No matter what, start with an insurance claim. Sometimes starting with an insurance claim with the driver who hit you might be the best place to start. Almost all states require drivers to carry a certain level of insurance, and most drivers carry more than that - including coverage for if they have hit another. By starting with the insurance claims, be sure to make it clear you have full intention of seeking complete damages and compensations. Insurance companies might be able to offer far more than you’d expect. By starting with an insurance claim you can also avoid costly court fees and an often times drawn out process.

DUI Convictions
Make sure you find out if there has been a DUI conviction associated with the car accident. If the person who hit you was also convicted of a DUI, in relation to that same accident, you definitely have a case. Insurance companies understand what a DUI could mean for someone who goes to trial. While it doesn’t look good for the insurance companies this could mean a big payout for you. Possibly more than the insurance company would pay you. Be sure to look in to this.

When looking to sue someone over a drunk driving accident, your attorney will prepare a settlement outlining what you are entitled for - including for injuries, losses, and damages. This might include: 
  • Personal property - such as your car or any possessions that you might have lost in the car accident
  • Medical bills - including any type of therapy and physical therapy you will have to participate in post-accident
  • Loss of wages or any wages you might lose in the future due to injuries related to the accident
  • Any compensation from permanent disabilities, scarring, or injuries that will have life-long impact
  • Payment for any mental anguish you might be feeling post-accident
  • Out of pocket expenses related to the accident
  • Punitive damages 

Unfortunately, when you go to court the driver being drunk isn’t enough for a conviction. You have to prove the driver is at fault - it’s possible that the insurance company can fight your suit if you are unable to prove the drunk driver is at fault. 

“No Fault State Laws”
Does your state have a “no fault,” state law? In 2003 Colorado changed from a “no fault,” state law, to an “at fault,” law. So if you currently live in Colorado this won’t apply to you. If you are living in an “no fault,” state, you will have to turn over all of your medical bill costs to your own insurance company to have them take care of your injury. This is less than ideal for obvious reasons, but it also means that you won’t be able to sue the person that hit you.

In the future, if you are hit by a drunk driver it’s important to do the following - it’ll help put you in the best possible situation for receiving a positive outcome.
Call the police - be ready with your insurance information, and all that you can share about what happened. If you don’t call the police you are risking a weak case, but also are allowing a drunk driver to get back behind the wheel of a car which can endanger others. 
Make sure the police are documenting everything so that you can get a police report - a police report will be essential in moving forward.
Get as much information at the scene as you are able to. This includes witness statements, photographs, the personal information of the driver who hit you, as well as any information you can obtain from the police.
As soon as you are able to, seek medical treatment at the nearest hospital. Don’t wait to get the help you need, and waiting may make your case look a little strong. Also, you might not think you need help right away, but aches and pains after the crash can cause more issues than you were ready for. Never refuse medical treatment - even if you think you are okay.

Denver workers’ compensation attorney Mark A. Simon 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. 

The Best Advice if You've Been Injured in an Accident From Your Denver Personal Injury Attorney

June 12, 2019

Getting injured in an accident, whether its on a private property or in an automobile accident, can be a traumatic and painful experience to endure. Not only are you dealing with the physical scars of the incident, but there are also mental and emotional wounds to have to deal with. Once you have a moment to begin to think about the next steps, you will want to also keep in mind the legal ramifications of your actions, as it may end up affecting your case down the road. With that in mind, here’s what you should think about doing from your Denver personal injury attorney

Be Cautious, Be Vigilant, Advocate For Yourself

When it comes to the ramifications of your actions following a serious accident, it’s always a good idea to be safe and be vigilant about what you do. Things you wouldn’t think about may be used against you in a court of law, as an insurance company will use anything they can to fight the outcome of your case. This means if you are seen in public being overly active or doing something that can build their case against you, you should remain cautious about doing such things. 

In terms of how your case is handled, it’s also a very good idea to be the best advocate for yourself. Dealing with insurance companies, law firms, doctors, and other professionals can become a head spinning experience, and it’s a good idea to keep in mind that you will ultimately have to be your own advocate in order to receive the best possible care you can. 

Speak to A Qualified Attorney as Soon as You Can

When it comes to handling insurance companies, many individuals are tempted to simply go it alone in their fight against a major institution. Yet, this course of action is not necessarily the most wise course, as you will likely become overwhelmed with having to deal with the legal system. Fair or not, the legal system is not built to be accessible for anyone to serve themselves, and it’s almost always a good idea to hire someone who can help you deal with this type of situation. 

Your situation is hard and difficult enough on its own, why should you also have to take on the stressful task of defending yourself in court? Seriously consider speaking with someone as soon as you can to avoid the situation where you say or do things that can eventually come back to harm you once your case goes to court.

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.

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.

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.