Denver Personal Injury News

HELP! I was injured on the Fourth of July

July 18, 2019

The Fourth of July is one of the biggest celebrations in the United States - with thousands celebrating each year it can be a busy and exciting time. However, fireworks can be dangerous and the consumption of alcohol can increase the chance of injury significantly. So what do you do if you were injured during Fourth of July celebrations? Do you have a case? Your Denver personal injury attorney is here to help.

Personal Injury
  • There are two questions that you need to ask yourself prior to taking any legal course of action: 
  • Did the accident happen on your property or someone else’s? 
  • Was it negligence?
If the firework accident happened on someone else’s property, you might have a case. But the next step is determining if your injuries were caused by the negligence of whoever was lighting the firework show you attended. If there is no evidence of negligence on the part of those lighting the fireworks, then you might not have a case. It’s important that when reflecting on the incident, to speak to others who were there but also consider what actions led up to your accident. 

If the accident happened on your property, you may not have a case. The only way you could possibly have a case is if there was a firework malfunction as a result of a manufacturer defect. If you failed to properly follow manufacturer instructions when setting off your fireworks, you are not able to seek damages from the manufacturer. But you have to be able to prove that there was a manufacturer detect and you need to consider where the fireworks came from. Many fireworks are imported into the United States from China - meaning you would need to sue the local fireworks store that you purchased the fireworks from. While you might be able to get some damages from them, it won’t be nearly as much as you are hoping. If you are wondering if you have a case, as always, give us a call. 

The second question plays into what we just talked about. You’ll need to determine whether it was negligence on part of the person setting off the fireworks, or if it was due to a product defect. To help determine this, it’s likely you will need the help of a personal injury attorney, as well as some help from anyone else in attendance. You’ll need to determine if all firework instructions were followed and safety precautions were taken into consideration. If the answer to this question is yes, then you might have a defective product on your hands - in which case you might need to speak with a product liability lawyer. 

If the firework’s instructions were not properly followed, and safety precautions were not followed, then you might have a cause for negligence. If your neighbor/friend who hosted the fireworks show simply didn’t attempt to keep everyone safe, talk to your lawyer. We are here to help you determine your next steps and if you have a lawsuit.

Preventing Firework Injuries in the Future
There are several things you can do in the future to avoid injuries related to fireworks. While you might not be able to completely prevent injuries, you can do the following to lessen your chances: 
  • Follow the directions on the fireworks’ package
  • Do not create homemade fireworks, and do not set them off
  • Do not allow children to set off, or handle, fireworks 
  • Only set fireworks off in an outdoor location and away from things that might catch fire easily
  • Prepare for emergencies - keep buckets of water nearby and first aid supplies at the ready

Property Damage
If you’ve experienced property damage as a result of your neighbors setting off fireworks, we recommend starting with evaluating the damage and then speaking with your neighbor. If you feel that the damage is severe enough that it needs to be fixed (IE: a damaged roof versus singed flower beds), talk to your neighbor about their insurance information. Our first recommendation is that you attempt to settle any issues with insurance first - it’ll give you far less headaches. 

It might also be possible for you to file a lawsuit for property damage, but we highly recommend speaking with a property attorney first. Disputes with neighbors can get ugly, and it’s important to carefully evaluate your decision to sue prior to filing the lawsuit and notifying your neighbors. 

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.

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.

The Things You Should Look For Most in a Denver Personal Injury Attorney

June 26, 2019

Getting injured in an accident can be a stressful process, as you have to adjust to your new reality of potentially being disabled and limited in terms of the physical activities you can engage in. Rehab, physical therapy, and a long recovery can often accompany an accident, in addition to the intense and grueling emotional toll such an experience can have on your mind. But once you’ve gotten used to your new situation, you must start looking for a personal injury attorney who can help you receive the compensation you definitely deserve. With this in mind, here are some of the best qualities you should look for in a Denver personal injury attorney.

Proactive and Professional

One of the most important factors to take into account when searching for the best possible personal injury attorney in Denver is to hire a lawyer who will not only be as professional as possible, but will also be extremely proactive in leading the charge for your case. Unfortunately, there are quite a few personal injury attorneys on the market who will slack on your case until the last minute, leaving you to scramble once the true legal battle begins.

In order to avoid having this scenario play out, it’s important to hire someone who will be as proactive as possible and go out and begin building your case from day one. There have been instances of attorneys not conducting the most basic level of research in the service of the case, which can ultimately sabotage the chances of you getting a leg up on the insurance companies. Instead of relying on less than reputable attorneys, it is definitely a smart idea to hire someone who will begin working on your case from day one.

Hire Someone With Proven Results

When it comes to hiring a personal injury attorney in Denver, it’s especially important to find someone with a proven and reputable reputation for delivering clients with the satisfactory outcome they seek. It can be tempting to simply select the first name that pops into your search engine, but these are not necessarily your best options. 

You want to choose someone who has a proven record of getting their clients the highest and most just payout for their particular situation, not just the first attorney with the best search engine optimization. It’s not just a matter of going with anyone, because many lawyers are not going to be able to deliver the results needed for their clients. Always decide to work with someone who can go out of their way to get you the verdict you seek.

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.