Denver Personal Injury News

The Importance of Seeking Medical Attention After An Auto Accident in Denver


September 20, 2017

The first thing that you should do immediately after an auto accident in Denver is seek medical attention for your injuries. Even if you don’t need to be treated by emergency responders, you should visit a doctor’s office or hospital right away after leaving the scene of the accident. Why is this so important? Here are the reasons:

Protect Yourself

Your health and safety should be your first priority after an accident. Even if you don’t think the symptoms that you are experiencing are serious, it’s best to be checked out by a doctor. Something as minor as a headache could indicate a more serious condition such as a concussion or whiplash. Visit a doctor as soon as possible after the accident and let him know that you were just involved in a car crash. Talk to him about every symptom that you are experiencing—no matter how insignificant you may think it is—so he can diagnose any injury that you may have sustained during the accident. Learn when to seek medical attention for personal injury claims.

Delayed Treatment Could Affect Your Claim

Choosing not to see a doctor immediately after a car crash could also impact your ability to recover compensation in a personal injury case. For example, let’s say you feel dizzy and have a minor headache after the crash. You choose not to see a doctor because you don’t think these symptoms are serious, but a few days later, the symptoms become worse. Then, two days after the accident, you visit a doctor who diagnoses you with a concussion. If you file a personal injury claim to recover compensation for your concussion, this delay in treatment could affect your case. The at-fault party’s insurance company may argue that you must have sustained the concussion in some other way, because if you had sustained it in the accident, you would have immediately went to the doctor.

To avoid this problem, visit a doctor right away after an accident. Talk to him about how you are feeling so he can document your symptoms. Then, if the condition worsens over the next few days, return to the doctor for treatment again. If you do this, the insurance company cannot argue that the injuries weren’t sustained in the accident since you have everything documented by a medical professional.

Remember, symptoms may not appear right away. It’s possible that you will not experience any symptoms of an injury for hours or even days after the crash. For this reason, it’s in your best interests to see a doctor after a crash even if you think that you are perfectly fine. Be sure to document any medical expenses that you incur after an accident as well. If you have to pay out of pocket for treatment, prescription medications, walking aids, or neck braces, keep a copy of the receipt so you can seek reimbursement.

If you have been injured in an accident, don’t hesitate to seek legal representation from an experienced personal injury attorney. Call us at 303-321-4878 or contact Mark A. Simon to discuss your right to recover compensation during a free consultation.
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Terms You Should Know After A Personal Injury in Denver


September 13, 2017

Personal injury victims often feel as if they don’t fully understand their legal options or the steps in the legal process. This could be because they aren’t familiar with a lot of terms that their attorneys are using. To solve this problem, take a look at these terms that you should know after a personal injury in Denver:

Statute of Limitations

You only have a certain amount of time to file a personal injury lawsuit. In the state of Colorado, victims have two years from the date they were injured to file a lawsuit. However, if the injury occurred in a car accident, the statute of limitations is extended to three years. Learn more about Colorado civil statute of limitations laws.

Damages

When used in a personal injury case, this term refers to payment that the defendant must make to the victim. For example, a victim may be awarded $100,000 in damages to cover her medical expenses, lost wages, and pain and suffering.

Preponderance of Evidence

In a criminal case, the prosecutor must show that the defendant is guilty beyond a reasonable doubt. However, in a civil case, the plaintiff only has to provide a preponderance of evidence that the defendant’s negligent actions caused the plaintiff’s injuries. This means that the evidence presented by the plaintiff must be more convincing than the evidence presented by the defense.

Comparative Negligence

Colorado is a modified comparative negligence state, which means that a victim can still recover compensation from the defendant even if she was partly to blame for the accident. However, if the court finds that the victim was more than 50% responsible for the accident, she will not be able to recover any compensation at all. If she is less than 50% responsible, she can recover compensation, but the amount may be reduced.

For example, let’s say the court finds that the victim was 20% responsible for the car accident and the defendant was 80% responsible. If the victim was supposed to receive $10,000, she would only be awarded 80% of this compensation, or $8,000 since she was 20% responsible.

Expert Witness

If your case goes to trial, both attorneys may call expert witnesses to the stand. An expert witness is an individual who was not involved in the accident, but can testify because he has special knowledge in a field that is relevant to the case. For instance, a personal injury attorney may call a medical expert to the stand to explain your complicated injuries to the jury. He may also call upon an accident reconstruction expert to recreate the accident for the jury and explain why the other driver was clearly at fault.

If you have been injured by the negligent acts of another person, don’t hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will work tirelessly to ensure you receive the compensation that you deserve. Call us at 303-321-4878 or contact Mark A. Simon to discuss your legal options during a free consultation.
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Reasons Why Your Claim May Be Denied After An Auto Accident in Denver


September 6, 2017

Car accident victims who have been injured by negligent drivers are entitled to compensation for their medical expenses, lost wages, and pain and suffering. But sometimes, the at-fault party’s insurance company denies your claim after an auto accident in Denver. Why? Here are some of the reasons:

Lack of Documentation

It’s your responsibility to provide documentation to the insurance company that proves your injuries and the losses that you have suffered as a result of being injured. The insurance company will expect to see medical records, proof of expenses, and proof of lost income before they compensate you. If you cannot provide this information, you shouldn’t expect to be compensated.

Pre-Existing Condition

An insurance company will not compensate you for an injury that existed prior to the accident. For example, let’s say you are asking for compensation for a back injury, but your medical records show that you had the back injury long before the accident occurred. The insurance company is not obligated to compensate you for this injury unless you can provide proof that the accident made it worse. Learn how a pre-existing condition affects your personal injury claim.

Delay in Treatment

Every personal injury attorney will tell you that it’s important to seek medical attention immediately after a car accident. Why? If there is a significant gap between the time the accident occurred and the time that you get medical attention, the insurance company may deny your claim. If you wait days to seek medical attention after an accident, the insurance adjuster may argue that your injuries were sustained in another way. He may say that if you really were injured in the accident, you would have gotten help right away instead of waiting. Avoid this common problem by going to a doctor as soon as possible—even if you do not think your injuries are severe.

Policy Issues

A claim can also be denied because of the terms included in the policy. For instance, you may find out that the at-fault driver was not making payments on his insurance policy at the time of the accident, which means the company has no obligation to compensate you. If this happens, you would need to look into whether your own insurance policy contains uninsured motorist coverage. It’s also possible that you waited too long to file the claim and therefore are no longer eligible to recover compensation.

Bad Faith

These are all legitimate reasons to deny your claim, but sometimes, an insurance company rejects your claim without a valid reason to do so. If your claim has been denied, it’s important to find out why so you can determine if the company is acting in bad faith. You will need an attorney’s help if you believe that the company is denying your claim for no reason.

If you have been injured in a car accident, don’t hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will work tirelessly to ensure you receive the compensation that you deserve. Call us at 303-321-4878 or contact Mark A. Simon to discuss your legal options during a free consultation.
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Denver Workers Compensation Attorney Answers FAQs


August 30, 2017

The law can be difficult to understand sometimes, so we know that many people in the state of Colorado may not be familiar with the ins and outs of workers’ compensation. Learn the basics by reading the answers to these frequently asked questions, provided by a Denver workers compensation attorney.

How soon do I need to report my injury?

It’s strongly recommended that you report your injury to your employer as soon as it happens. However, if the injury is severe or life threatening, it’s more important to seek medical attention than it is to talk to your employer right away.

Injured workers have four days from the date of the injury to report the incident to their employer. If you report it after this four-day period, it’s possible that you will lose some of the benefits that you deserve. Make sure that you meet this tight deadline so you receive as much compensation as possible. If you are physically unable to notify your employer within four days, ask someone else to do it on your behalf.

Who is covered by workers’ compensation laws?

The vast majority of employees are entitled to receive workers’ compensation if they are injured at work. But, there are some workers who are not eligible, including independent contractors, part-time domestic workers, and individuals who perform farm work or maintenance work for less than $2,000 per year.

How will you be compensated?

If your claim is approved, workers’ compensation will cover all of your healthcare expenses related to your injury. Injured workers are also eligible to receive either temporary disability or permanent disability payments. The former compensates workers who are temporarily unable to work, while the latter compensates workers who will never be able to fully recover from their injuries.

Workers’ compensation also pays death benefits to families who have lost a loved one due to a work-related injury. In this tragic situation, the family would also receive a lump sum from the insurance company to cover funeral expenses.

Can a workers’ compensation claim be denied?

Yes. Many claims are denied if the injured party does not provide enough information. To avoid this problem, make sure you provide medical records that clearly show the extent of your injury. Claims can also be denied if the insurance company does not believe that the injury occurred at work. Learn why your workers’ compensation claim could be denied.

Who decides if a claim is approved or denied?

Many injured workers believe their employer decides if a claim is approved, but that’s not the case. It is the insurer’s responsibility to review the information that you have provided in the claim and decide whether to approve or deny it.

If you have been injured at work, don’t hesitate to seek legal representation from an experienced workers’ compensation attorney. Mark A. Simon will work tirelessly to ensure you receive the benefits that you deserve. Call us at 303-321-4878 or contact Mark A. Simon to discuss your right to recover compensation during a free consultation.
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How to Pay Medical Bills After A Personal Injury in Denver


August 23, 2017

If you have suffered a personal injury in Denver, you may be able to recover compensation from the at-fault party. This compensation can be used to pay your medical bills, however it can take months or years to settle a case. Because a defendant has no obligation to pay your medical bills until the case is settled, victims are often left wondering how they can cover these expenses. Here are your options:

Insurance

Victims who are insured at the time of the accident should use their health insurance to pay for their medical bills. Your health insurance may not cover the entirety of your medical bills, but it should cover a significant portion. It is your responsibility to pay the remaining balance.

If you were injured in an auto accident, your car insurance policy can also cover some of your medical expenses. In Colorado, insurance companies are required to offer you at least $5,000 in medical payment, or med-pay, coverage. Many drivers choose to opt out of this coverage, but that’s a mistake. In the event of an accident, med-pay coverage can be used to pay for medical expenses incurred by you or your passengers. It doesn’t matter who was at fault for the accident—this type of insurance will cover medical expenses even if the accident was your fault. Be sure to check with your insurance company to see if you have this coverage if you are injured in a car accident. Read a primer on medical payments insurance coverage in Colorado.

Personal Injury Attorney

If you do not have health insurance and have opted out of adding med-pay coverage to your policy, then you may feel as if there are no options left. However, there is one more way that you can pay for your medical expenses. Talk to your personal injury attorney and find out if he is willing to get in touch with your healthcare provider to discuss payment options.

A good personal injury attorney can reach out to the billing department at your healthcare provider to discuss your situation. He can explain that you are currently filing a personal injury claim and are waiting for the case to be resolved so you can recover compensation for your injuries.

If your lawyer has a good relationship with the medical facility, the billing department may be willing to offer you a payment plan option. Under a payment plan agreement, personal injury victims are required to make small monthly payments instead of paying their medical bills all at once. Although you will still be responsible for paying the bills, it’s much more manageable to make small payments than it is to pay the entire bill at once.

If you have been injured, don’t hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will review all of your options to help you understand the best way to pay for your medical bills. Call us at 303-321-4878 or contact Mark A. Simon to discuss your right to recover compensation during a free consultation.
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