Denver Personal Injury News

Your guide to Denver personal injury law


November 5, 2019

Personal injury law is complicated, which is why it is typically recommended that you seek out the assistance and guidance of a personal injury attorney when dealing with claims. While we always recommend you seek the assistance of a lawyer, we also recommend you educate yourself prior to doing so. By taking the time to educate yourself, you can not only save time but also be educated enough to help keep yourself from getting scammed from what you think is an honorable personal injury attorney. 

Lawsuits
There are many different types of lawsuits, and each are typically used for a specific purchase. 
  • Negligence: Some of the most common lawsuits, negligence claims, are used to when someone has failed to exercise reasonable care under the law. This might be used in the case of a car accident, or if you were visiting a friend who had a massive hole in their sidewalk and failed to rope it off.
  • Wrongful Death: This lawsuit is similar to what it sounds, family members sue a defendant for the death of their loved one - often request monetary damages to help cover funeral costs and wages. 
  • Medical Malpractice: This one tends to be a little less popular, but this is because it’s only to be used when patients have been mistreated by a healthcare professional. An example of this could be when a healthcare professional has failed to accurately diagnose, or treat, an injury or illness which resulted in delayed treatment. 

There are a few additional cases, and statues, that can affect your lawsuit moving forward. The first of which can be comparative negligence. But what is comparative negligence? 

In Colorado, there is a thing known as comparative negligence. Comparative negligence is most used when a negligence case is not so straight forward. Sometimes a plaintiff can do something that might contribute to their injury. Comparative negligence helps to divide up damages and responsibilities when an accident might be the fault of two people involved. So if there was a car accident, with medical bills totally $10,000...and it is found that the plaintiff and defendant were equally responsible, the two parties would split the cost 50/50.

The Result
The results of the lawsuit, or the things that plaintiffs are awarded, are known as “damages.” Damages can be divided into two categories, economic and non-economic. Economic damages are typically monetary and can help pay for medical bills, lost wages, etc. Non-economic damages are the results of the injury that aren’t as tangible - pain and suffering. Pain and suffering can result in monetary compensation as well, but it’s still defined as a different category. So, let’s look at an example: 

Suzie has been in a serious car accident with her husband. Suzie is now paralyzed from the waist down and she lost her husband in the accident. After her lawsuit, she was awarded $2 million for lost wages, as well as medical bills and another $4 million in pain and suffering.

In the example with Suzie, the $2 million represents the economic damages, while the $4 million represents the non-economic damages. While both result in a monetary payout, the reasoning for this is very different.

Important Note
Something very important to note is that the aforementioned information does not apply to you if you were working at your place of employment when the injury happened. By Colorado law, employers are required to have insurance in case an employee gets injured, or sick, while working. Now, this doesn’t cover coming down with a cold, or being sore from being on your feet too long. What is covered would be a significant burn from working at a coal factory, or perhaps seriously injuring your back from lifting packages. If this applies to you, your process will certainly be different.

For example, you’ll need to notify your employer within 2-4 days that you’ve been injured on the job, and be ready to provide plenty of details as to how this occurred. Your employer should handle reporting the injury to the Division of Workers Compensation, but we highly advise you check in often to make sure they have.

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 in Denver, 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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The Most Important Qualities to Look for When Hiring a Denver Personal Injury Attorney


October 29, 2019

Thinking about hiring a Denver personal injury attorney to represent you in your case? It’s important to think about all of the things which make up a reputable and trustworthy lawyer to represent you in your case. You don’t want to chance your case to someone who will not be able to adequately and effectively do the job necessary to win you the highest possible amount of money from your settlement. It is vital to understand what makes up a quality attorney so you can make the best possible decision when you begin to search for someone to fill this role. With that in mind, here are the most important things to look for when searching for a Denver personal injury attorney.

A Proven Track Record

It can be tempting to simply hire someone who will offer you the best possible rate or promise you everything under the sun. Fresh attorneys who are just out of law school will often times offer clients a much better rate, but will not be able to provide them with the experience of being in court as much as a seasoned attorney with a long history of going to court. Of course, experience is not necessarily a guarantee of success, but it can certainly help. Hire an attorney who has a proven track record of advocating for their clients and can provide you with the peace of mind you need during a vulnerable time.

An Attorney Who is Responsive to Your Needs

One of the things that is often forgotten in the search for a lawyer is to hire someone who will not only do an effective job of representing your case, but will also be responsive to your needs throughout the process. It can be incredibly frustrating to have an attorney who will fail to respond to your calls and messages, leaving you in the dark about the current status of your case and wondering if they actually care about you as a client. One of the best signs that your attorney is taking you seriously is that they will regularly respond to you in a timely manner and will do so with ease. Don’t hire someone who will take forever to get back to you, as this can negatively impact 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. 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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Someone was injured on your Denver property - here is what you need to know


October 23, 2019

Have you had someone injured on your property and now you don’t know what to do? It can seem overwhelming, particularly if they are looking to sue your for medical bills or other damages. However, it’s important to not panic right away and evaluate the circumstances under which the accident happened. Here are the most important things you need to consider, and the next steps you should be taking to protect yourself.

Can They Sue Me?
You might first be wondering if it’s even possible for them to sue you - the question is yes. However, there are some stipulations to this. Generally, the law requires that property owners warn their guests of any hazards and that they must maintain their property to a reasonable standard. Does it need to be immaculate? No. But if there are debris spread about the yard and holes everywhere you could be liable. In terms of hazards, if you are aware that you have several holes in your yard you need to warn your guests of this ahead of time.

Some general guidelines of things that could be considered as a hazard, or your fault in case of an injury are: 
  • Flooring problems
  • Inadequate lighting
  • Holes in yard
  • Debris in the yard or sidewalks 

The Investigation
The next steps will be determining whether or not you are liable through an investigation. Here are some things that you should help compile, or at least be aware they are looking into. 
  • Witnesses - Was anyone there who can testify to what happened? Did anyone else see what happened besides yourself and the plaintiff (person suing)? 
  • Incident Report - Was there any incident report? If it was not a commercial property, the answer is most likely no.
  • Weather Records - What was the weather that day? Was there anything that could have caused the accident? 
  • Police Report - Was the accident so bad that the police were called? The lawyer will want to see any police reports that were filed. 
  • Medical Records - What are the medical reports associated with the accident? 

Helping your lawyer with this information, and actively participating, will help you to settle your case faster - but hopefully in favor of yourself as well. 

Claims Package
The next step will be that the plaintiff’s lawyer will develop a claims package and submit it to the insurance company - the claims package will ultimately include a settlement demand as well. The insurance company can accept it, encourage mediation, or take the case to trial. Claims packages typically include:
  • Evidence of liability
  • Evidence of damages
  • Pain/Suffering
  • Medical Bills
  • Lost Wages

The idea is that the claims package will help the plaintiff move on, and maintain a sense of normalcy. When it comes to being sued, keep in mind that your lawyer will be your best friend. They can help guide you on the appropriate course of action and help to build a defense for you. No matter what side of the coin you are on, it’s important to work with a lawyer to get the best possible outcome for yourself.

If you are looking for an attorney to assist in your case, there are a few things you should look for:
  • Focused practice - make sure the attorney is focused in personal injury law
  • Trial experience - make sure your attorney also has trial experience
  • Record - Do they have a record of winning? That’s the best indicator that they can help you
  • Resources - your personal injury attorney should also have plenty of resources to dedicate to your trial

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 in Denver, 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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Children and car accidents: What you need to know from your Denver injury attorney


October 15, 2019

Being in a car accident can be overwhelming and scary, especially if your children are involved in the car accident. Having a child involved in a car accident comes with a lot of additional liabilities, headaches, and worry. The first thing you need to ask yourself is if your child was injured in a car accident, and if so you have a lot to evaluate. Before we get into the details, just remember that as long as your child is safe, there is always a solution and we are happy to help you navigate that.

You’ll need to consider a number of things when it comes to young children - the first of which being if your child was properly secured in to his/her car seat, or in the car in general. If your child was not secured, then you will be the one at fault.

Something else to note, and consider, is that if they were secured but you were not following the proper safety protocol for your child’s car seat...you will ultimately be held at fault as well. Be sure you not only understand how to properly install a car seat, but that you are abiding by all recommended safety instructions in the car seat manual. If your child is out of a car seat, make sure they are NOT in the recommended age for a booster seat. If your child has fallen in the recommended age, and they weren’t in a booster seat, you’ll be held responsible as well.

There are additional questions you’ll need to ask yourself to determine if your liable:
  • Supervision: Should you have been supervising your child at the time? Were you negligent in supervising and did this cause the accident? Should you have known that the child needed supervision? For example, leaving the keys in the car with a child who had taken your car before, would be indicative of negligence.
  • Parental Negligence: An example of this would be giving keys to a teenager who has a tendency to drag race or drive drunk. By giving the keys to a child who has a tendency to do bad things… you can be charged with negligence.

If you think you have a case for your child being injured, and you’ve determined you are not at fault, give us a call. We are here to help you navigate the claims process and fight tirelessly for your rights. Now if you are lucky enough to not have been in this situation before, there are a few things you can do to help prevent injury and accidents. For younger children this ensures that they are properly strapped into their car seats, that you are abiding by all safety standards and guidelines. If you have teenagers, we recommend the following: 
  • Communication. Talking with your teenagers about safety habits is extremely important in preparing them to drive safely on the road. 
  • Monitoring. Technology is a wonderful thing - you can now monitor the driving behavior of your children with several devices AND these devices can come in handy if an accident does happen. 

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 in Denver, 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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Seeking a Reliable Denver Personal Injury Attorney? Here Are Some Characteristics to Look For


October 9, 2019

When it comes to finding an attorney who will adequately and sufficiently fight for your rights, you will need to find someone who can take care of all your needs while also living up the what you are paying them for. Unfortunately, not all attorneys are created equal, as there are many out there who would prefer to take your money and do a poor job. Even if your lawyer is working for your for no cost upfront, instead opting to take a portion of the settlement, there are plenty of attorneys who will not be able to get you the type of settlement you deserve. Inexperienced and incompetent attorneys are a dime a dozen, and will end up with you receiving much less than what you should have. Here are some of the most important characteristics to look for when searching for the right Denver personal injury attorney

Experience and Proven Results

It can be tempting to want to go for an attorney who will promise you the highest payout while also taking a much lower cut that is standard practice for most other attorneys. While it can be attractive to want to receive much more money from a lawyer offering to take a lower cut, you will likely end up receiving much less due to their inexperience and lack of knowledge of the legal system. Often times, lawyers who are fresh out of law school will offer deals to entice clients to choose them over their competition. Although this might work out in the event your lawyer has studied hard and gets lucky, it’s probably not wise to gamble with a rookie attorney who may end up making a series of mistakes which can cost you dearly in the long run.

Don’t Just Go For The Slick Marketing Campaigns

Many lawyers make their living based solely on their marketing campaigns, as clients will opt to go for lawyers who have broadcast themselves far and wide through slick ad campaigns. Although some of these lawyers may be qualified and able to do a decent job for you, it’s not always wise to simply rely on their competency based on their advertising. Remember, you are looking for someone who can do the job right, not just someone who claims to be the best.

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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