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

New Denver Highway Construction Stresses the Importance of Safe Driving

August 15, 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

  1. 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.
  1. 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.
  1. 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.

Reasons You May Need a Lawyer for Your Auto Injury

July 4, 2018

In a perfect world, after sustaining injuries in an accident that was not your fault, your insurance will take care of you. However, this is not always the case. You may be dealing with a headache due to your accident while simultaneously be dealing with a headache due to insurance. If you find yourself having a hard time getting the insurance company to cover your medical claims, or feel you have been wronged, it is time to consider speaking with a premier attorney to review your auto injury case. Not only will they help you as you handle your issues, but they can fight for you to help you get back to your normal quality of life.

Leading Causes of Accidents in Colorado

There are more than 50 million car accidents on American roads each year. Sadly, this means that there are several thousands of fatalities, as well as millions of injuries. In Colorado, it is important to stay focused while driving, especially while on the state’s steep, winding roads. Some of the leading causes of accidents in Colorado include:
● High speeds: Those who do not follow posted speed limits face life-changing consequences to both them and those they share the road with. Often times there are tight curves to go around or stretches that require lower speeds. Just as important—many drivers do not drive three seconds behind the person in front of them. This can lead to getting rear-ended more easily.
● Texting and distractions: Both teens and adults are guilty of texting or distracted driving. Everything can change in just one second. Also, in one second, a driver can flip through radio stations, or try to start their GPS as they try to determine the best way to get to their destination. In other cases, a cell phone may ring, or a person might be trying to scarf down a meal on their way to work or an event. When driving, one’s focus needs to be at 100 percent, using techniques from the DMV’s defensive driving 101.
● Under the influence: Just one drink can lead to a person crashing into someone else. This goes the same for drugs. As a driver, not only should you know your limits, but you should know that driving after any consumption of drugs or alcohol is never okay. Not only does it endanger you and those in your vehicle, but others out on the road. In Colorado, a DWAI charge can occur if a person has a 0.05 blood alcohol content rating in their system. For marijuana, it is five nanograms of THC. However, just because you are under these limits does not mean you are safe to drive. Avoid it at all costs.

Most Common Types of Injuries

When in an accident, many things can happen. It is very common for a person to endure cuts to the body because of objects projected out of their position. This also includes glass. For instance, there may be toys in a backseat, or a cell phone or other mounted items in the front. Depending on the rate of speed you were going, they can hit you at a force that leads to bruising or piercing of the skin. Also, various parts of your body may hit parts of the car also leading to cuts. This also accounts for the shattering of glass windows and windshields.
The head is one of the most common places that sustain injuries after an accident. During and after an unexpected impact with another car, a person’s head can move quickly in a way that is not normal. Injuries can be even worse if you know the accident is coming and you tense up. This can cause problems in the neck too—especially whiplash. If a person hits their head on any part of the car, it can lead to a concussion as well. Your doctor will be able to tell you if you sustained a concussion, so it is important to see one even if you feel the accident was minor.
The limbs are also susceptible to extensive injuries after an accident. You may break an arm or leg holding yourself in a position to brace the impact. Or, the impact can be so hard-hitting that an arm or leg is scraped or broken. Depending on the force and motions it caused you to have, you can experience a variety of strains and sprains from a wreck.

Hospital Bills

Upon going to a hospital after a car accident, the bills will come in the mail down the road. It is crucial to keep every single document that you receive. When working with your insurance, they will request to have the bills submitted. It is a best practice for you to make copies of every document prior to sending out any originals.
After visiting a hospital after an accident, the bills will come shortly after. You may have bills for each different area, or other areas, such as a bill for being checked out, a bill covering time assistants provided care or assistance, ambulance ride, labs, testing, and more. It may all seem confusing, especially when your insurance is not covering what they should. 

Do You Need a Lawyer?

If you have been in an accident, and are experiencing issues having your medical covered, getting a lawyer may be your best option. Hospital bills can be thousands of dollars—or more. When you are trying to treat your injuries and get back into premier health, it is frustrating to feel punished for something that was not your fault. This also applies when you feel your settlement for your vehicle is not far either. When you work with a top, local lawyer, they will work hard to get your medical bills paid and a fair amount for your car.
Have you been in an auto accident in Denver? Know the laws and steps to take. Next, make sure you keep go-to Denver attorney Mark A. Simon in your phone, so you can call about any problems you have in the days after the accident. Within a few weeks to a month, you will begin to see any warning signs that your insurance company will not fairly treat your claim. Call 303-321-HURT to discuss your claim and see what options to have to settle your case.


Enjoying Spring Break in Colorado and Avoiding an Auto Accident in Denver

March 22, 2017

For some, spring break is spent on a beach somewhere basking in the sun. But for others, they want more. Colorado is one of the best places to travel to for a quality and fun vacation. Whether you are traveling with family or friends, there is something in the state for everyone. From exploring all that Colorado has to offer, to spring break safety tips learn more about these tips to avoid an auto accident in Denver.

Spring Break Activities in Colorado

Colorado is a beautiful state that is home to the southern part of the Rocky Mountains. It’s a large state that is a growing population. So, whether you live in the state or not, there is much to do here during spring break travels. First to add to your list is exploring downtown Denver. Take some time to eat and shop downtown on Larimer Street. Check out Union Station or Denver Central Market in RiNo. Love to ski or snowboard? There is a plethora of places across the state that you can enjoy skiing, especially at some of the country’s top ski resorts. Learn more about the 11 top-rated ski resorts in Colorado. Want to spend time in the water in an alternative way? Visit Colorado’s hot springs. The water is warm, even when the weather is cold. Last, take advantage of gorgeous mountain hiking experiences, or travel to a city that offers gondola rides to the top of a mountain for spectacular and breathtaking views.

Spring Break Safety Tips

Make sure you stay safe while traveling to Colorado. From adverse weather conditions while driving, to the high altitude in the mountains, it is important to plan and be prepared. Making sure your car has the correct type of tires, enough fluids and fuel. Also make sure you have several layers of clothing and enough food and water to last for a while. Because of the high altitude, it is important to stay hydrated. If you have never been to a high altitude before, talk to your doctor before your visit and get some ideas of what you can do if you experience this during your trips. For most, there can be a couple days needed to adjust but then you get acclimated. Take it easy, drink plenty of fluids and see a local doctor if something doesn’t feel right. Next, when hiking or spending time in the outdoors, make sure you are prepared with all essential supplies. Also, know your route so you do not get lost. Last, many places in Colorado are at high elevations. Even if the temperatures are cool, don’t forget to apply sunscreen.  

Avoiding Car Accidents

As you travel through Colorado, you may experience snowy conditions or roads filled with twists and sharp turns. It is important to keep a safe distance between you and the car in front of you. Make sure you avoid all distractions as there can be many quick changes. In certain areas, like I-70 to Vail, there is only one way in and one way out meaning you could be stuck for hours if there is an accident. Be cautious when driving so you do not get involved in an accident and have patience if you are stuck in traffic. Find some relaxing music or a good podcast to help keep you alert and pass the time.

While traveling throughout the state for spring break, learn more about common car accident types of personal injury in Denver cases. If you’ve been involved in a car accident, contact Mark A. Simon to represent you in your case. As your premier attorney in Denver, you can rest easy knowing your case will get the attention it deserves.

Tips From A Denver Auto Accident Attorney: Stay Safe on the Roads During the Holidays

During the holiday season, many people pack up their bags and hit the road to visit loved ones across the country. But unfortunately, when there are more drivers on the road, there tends to be more accidents, too. If you plan on taking a road trip this holiday season, follow these tips from a Denver auto accident attorney:
Be flexible.
Weather can be unpredictable during the cold winter months, so try to be flexible with your driving plans. If you aren’t flexible, you may be stuck driving through a particularly bad snowstorm, which can create very dangerous driving conditions. Family members and friends will understand if you show up a little later than you expected. Remember, your safety is more important than showing up on time.
Check your car.
Before heading out on a road trip, have a professional check your car to ensure it is ready for the ride. The oil, tires, lights, belts, and battery should all be operating properly if you are about to take a road trip. If any issues are discovered—for example, if a headlight is out—take care of this prior to hitting the road.
Bring a buddy.
Don’t ever try to take a long road trip without a buddy in the front seat. Your buddy can be in charge of reading off directions or answering your phone when it rings so you can devote your full attention to the road in front of you. Plus, if you get tired and feel like you shouldn’t drive anymore, you can always ask your buddy to take the wheel while you get a little rest.
Look out for deer.
Deer are much more present on the roads during the fall and winter months, so it’s important to keep an eye out for these majestic creatures while you drive. Deer are usually out during the early morning and evening hours, so this is when you should exercise extreme caution. If it’s dark out, use your high beams when you are driving on a one-way road so you can have a better view of what is in front of you. Learn 7 ways to avoid hitting a deer.
Stay calm.
Because there are so many drivers on the road, you should expect delayed travel times. There may even be congestion in areas that are never backed up, so be prepared to slow down and wait in bumper-to-bumper traffic throughout your trip. Although getting stuck in traffic is frustrating, it’s important to stay calm behind the wheel. When drivers become agitated, they begin to drive aggressively, which puts everyone on the road in danger. Turn on soothing music and take slow, deep breaths if you become irritated. Traffic is only a minor setback, and you will still get where you need to go, so don’t let it get to you.
If you are injured in a car accident during the holiday season, attorney Mark A. Simon can help. If you have been injured because of someone else’s negligence, call us at 303-321-4878 or contact Mark A. Simon to discuss your rights during a free consultation.

Common Injuries After An Auto Accident in Denver

November 2, 2016

Everyday, there is an auto accident in Denver. Although many accidents are minor, some can cause serious injuries including low back pain and cervical spine damage. What are these injuries and how can they be treated? Here’s what you need to know:
Cervical Spine Injuries
Any part of the spinal cord can be damaged in an auto accident, but the cervical spine, which is the neck, is at the greatest risk. This part of the spinal cord has major functions including supporting the head and facilitating blood flow to the brain. Car accident victims often suffer cervical spine injuries when they are hit from behind or at high speeds because their entire body is thrown forward unexpectedly, forcing the cervical spine to extend and then contract again.
The injury that occurs as a result of this motion is known as whiplash. Victims may begin to notice neck stiffness, headaches, tingling, and chronic pain after an accident. If you notice any of these symptoms, you need to seek medical attention right away. A doctor will be able to take X-rays, MRIs, and look closely at the range of motion in your neck to determine if there is an injury.
Once whiplash has been diagnosed, your doctor will begin to develop a treatment plan, which will vary depending on the severity of your injury. You will most likely be asked to participate in physical therapy to help you stretch out your neck and restore your range of motion. Depending on your pain levels, you may be told to take over-the-counter medicines, or given prescription muscle relaxers and painkillers. Learn more about whiplash treatment here.
Low Back Pain
There are many causes of lower back pain, so the diagnosis and treatment may be a bit more difficult. The most common causes of back pain after a car accident are disc herniation or tissue strain. Although minor aches and pains are fairly normal, especially in older adults, if you are having difficulty moving, or experiencing a non-stop, dull pain or spasms, you should seek medical attention for your low back pain.
A doctor will most likely take X-rays, MRIs, and CT scans to determine what’s causing your symptoms, especially if you have just been in an auto accident. If you have strained soft tissue, your doctor will advise you to rest and alternate hot and cool treatments to repair the tissue. You may be given medication to help treat the pain as well.
However, if it has been determined you have a herniated or ruptured disc, you may be asked to attend physical therapy, go to a chiropractor, or even undergo surgery on your back. Surgery should be looked at as a last resort because it can often be very risky. Be sure to speak with your doctor thoroughly about the risks associated with any treatment you are told to do.
If you have any questions about your personal injury, attorney Mark A. Simon can help. If you have been injured because of someone else’s negligence, call us at 303-321-4878 or contact Mark A. Simon to discuss your rights during a free consultation.