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


Best Reasons to Hire a Denver Personal Injury Attorney After You’ve Been Injured in an Accident


August 21, 2019

Getting into an accident, whether it be in a car, or simply on foot, can be a devastating and stressful ordeal to go through. Not only is there plenty of physical pain as a result of the injury, but there can also be a ton of emotional stress which accompanies such an incident, compounding the situation and creating a huge hurdle to have to overcome. And it’s not just the matter of recovering from your injury, as you will also want to seek compensation for the damages you have received. It goes without saying, but in the course of fighting a serious legal battle against insurance companies and individuals, you will definitely want to have someone on your side who can advocate for your rights. With that in mind, here are the best reasons to hire a Denver personal injury attorney.

They Understand The Law Better Than You Do

Ok, you may be good at studying for tests and are pretty proficient at learning things on your own. Perhaps you might be adept enough to navigate a small legal fight, something along the lines of small claims court, where you can prove your case without having to hire legal representation. Unfortunately, this is not the case when it comes to fighting a personal injury case, as there are many things a lawyer will have knowledge on that will not be readily apparent to the average person. Knowing what to say, how to file your case, and what type of case you need to make in a court of law are all things that a lawyer will be able to advise you on. 

They Can Get You a Higher Payout Than Fighting The Case By Yourself

One of the biggest reasons an individual usually decides to go it alone in their fight to win compensation for their injury is because they are trying to avoid having to pay lawyer fees, which they believe will cut into the amount of money they receive. Although it’s nice to believe you’ll be able to achieve the same level of settlement on your own as you would with a lawyer, this is almost always not the case. Even factoring in lawyer fees, a qualified Denver personal injury attorney will almost certainly be able to get you a much bigger payout than had you decided to go it alone.

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. When it comes to a personal injury attorney, you shouldn’t sacrifice quality for convenience and opt for the first person you find. Select an attorney who will get you the outcome you desire and the settlement you need. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.
 
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Injured in an Accident? Here are some characteristics in a Denver Personal Injury Attorney You Should Avoid


August 7, 2019

The act of becoming seriously injured in an accident can be a stressful and traumatic experience, as the injury can completely alter your life path and your functionality. In order to receive compensation for your injury, you will inevitably look for someone to represent you and advocate for you on your behalf in the form of a personal injury attorney. Unfortunately, there are plenty of attorneys who you will end up losing money, and possibly the entire case, as a result of hiring. In order to receive the highest amount of money from your settlement, here are some of the characteristics your Denver personal injury attorney shouldn’t have.

They’re Fresh Out of Law School

Ok, experience isn’t always the biggest determining factor in terms of deciding whether you are able to receive fair compensation for your injury. However, hiring an attorney who is still figuring out how to navigate the legal system isn’t the best situation you want to have. Young attorneys can do a fine job of representing you, to be sure, but they can also make plenty of rookie mistakes which can cost you dearly in court. To play it safe, it’s best to hire someone with plenty of experience in the court of law in order to ensure you are represented properly.

They Don’t Understand the Extent of Your Condition

When it comes to advocating fully for your case, an attorney needs to have a solid understanding of the medical issues in play. While a broken bone may eventually heal, it may also lead to a lifetime of pain and other complications which go far beyond the initial injury. An attorney who is ignorant of these medical issues will not be able to fully advocate for your case, as they will inevitably leave out plenty of relevant details when presenting your case to the court.

If you want to hire an attorney who will get you the highest possible settlement for your case, you should make sure your attorney understands the extent of your medical condition. Make sure they have a solid history of defending clients and advocating for the biggest possible payout. Don’t simply settle for someone who claims they know what they’re doing when the evidence suggests otherwise, as you will end up losing money in the process.

Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement for each individual case. He will begin the investigation process immediately, ensuring you receive the best representation possible. When it comes to a personal injury attorney, you shouldn’t sacrifice quality for convenience and opt for the first person you find. Select an attorney who will get you the outcome you desire and the settlement you need. If you are in the Denver metro area and require legal help or assistance, contact him at 303-321-4878 to discuss your legal options during a free consultation.
 
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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.
 
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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. 
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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.
 
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