Denver Personal Injury News

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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Most Common Reasons You'll Need to Hire a Denver Personal Injury Attorney


October 2, 2019

Having to hire a personal injury attorney in Denver is not something anyone really has to do, as it means you have been seriously injured in an accident. However, not everyone who has been injured in an accident will be able to hire a personal injury attorney, as some incidents will not mean a lawsuit will soon follow. Whether you have been injured in an auto accident or have been hurt during another incident, it’s important to understand the different reasons you will need to hire someone to advocate on your behalf. There are many reasons you will want to hire a personal injury attorney, and it is good to be aware of the most common reasons a person will want to hire a lawyer to fight for their rights in the court of law. 

You Were Injured and Insurance Can Cover Your Costs

If you were injured in an accident, one of the most common reasons you will need to hire an attorney will be if the incident also involves some form of insurance. In auto accidents, this is almost always the case, as you will have some form of insurance coverage which will need to be utilized in order to pay for medical bills as well as money for pain, suffering, and other types of damages relevant to your case. 

Unfortunately, insurance companies will do everything possible to keep you from receiving the highest possible payout you deserve, making it important to have someone who can advocate for you in a court of law. Often, insurance companies will use every possible tactic and trick in the book to prevent you from receiving the money you deserve. If you end up going it alone without an attorney, it’s very likely you may slip up and say something which can cost you dearly during your court proceedings.

Someone Else Caused Your Accident

In the event you were injured as a result of someone else’s negligence, you will definitely want to hire a lawyer who can help navigate the legal process for you. It’s not just a matter of arguing in a court of law for your best case, as a lawyer will be much more adept at knowing what type of argument and case is needed in order to receive the best possible settlement.

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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You’ve been in a car accident - now what?


September 25, 2019

Car accidents can be a scary experience, and ultimately something that might shake you up. However, it’s important to remember right after an accident to keep your cool. Doing so may be the difference from reaching a settlement in relation to the car accident, or missing out on money you might be entitled to. Here are our steps you should take after a car accident, but also how we can help you build a claim post-accident.

What To Do After An Accident
  1. Are you hurt? Is the other car? Checking to ensure that everyone is safe is the first stop you need to take. If someone is injured, call 911 immediately. If you are seriously injured, or if anyone else is, it’s important not to cause too much movement. This can be harmful to those injured.
  2. Are you in the middle of the road? After a car accident it is important to get to safety - most of the time this means moving all involved vehicles to the side of the road and waiting for the police. 
  3. Speaking of police, if you haven’t already called 911 due to injuries, you’ll need to call 911 to get the police to come out. Even if you don’t think the accident is severe enough for this, you’ll always need to call the police if the accident is bad enough to stop traffic, cause injury, or for you to stop and wait. Most states even require that you call the police to the scene of any accident. 
  4. Have you spoken to the other vehicle(s) involved? If not, while you wait for police is your time to get to chatting. It’s always important that you exchange information with the other vehicle(s) involved. This ensures if they are at fault, you can get taken care of via their insurance and vice versa. You should get their full name, phone, email, insurance company and policy number, driver’s license number and plate number, type/color/model of vehicle, and where the accident occurred. This should be all the information you need to proceed. 
  5. Are you still waiting on police? Take time to gather “evidence.” By evidence, we don’t mean picking paint off your car from the other car and keeping it in a bag...we mean taking photos. Take photos of the damage done, the location, anything that might help you in case of a claim.
  6. Did the police document? That’s a trick-question, of course they did. When the police are called out to the scene of an accident they will be required to document what happened. Make sure you get copies of this, or ask where you can get copies of the police report. Many insurance companies will require the police report to proceed with claims, and if you want to proceed with a personal injury claim...you’ll definitely need it!

Post-Accident
After the accident you’ll need to notify your insurance company of the accident - no matter if it was your fault or not. This is essential, as many insurance companies might even require this. Whether it’s required or not, by letting the insurance company know about the accident you’ll be able to take advantage of some of the benefits of your insurance such as rental car coverage if needed.

Was it the other vehicle’s fault? Did you sustain injuries? If so, and if you intend to pursue claim, the next step is to let the other driver’s insurance know that you intend to pursue a personal injury claim. In terms of property claims, these tend to be handled quickly by the insurance company but personal injury claims can take a little longer (one of the reasons you should consider an attorney).

No matter what, don’t try to wait so many days before hearing from the insurance company. If you tell them you’ll file a claim if you don’t hear back within 2 weeks, or 2 months, you’ll begin to lose credibility. After contacting them, file your suit with your Denver car accident attorney. We would like to make one thing clear, we strongly recommend contacting a personal injury attorney before it gets to this point. Why? A personal injury attorney has experience in determining how large of a claim you can get, and the proper steps to take to increase your chances.

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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How you can win your Denver personal injury claim with falls


September 18, 2019

So you’ve had a slip and fall...now what? As you prepare to handle a personal injury claim, particularly with falls, there are a few things you should keep and mind and evaluate before moving forward with your case. Your Denver personal injury attorney can help you evaluate if you are able to prove the following, and they can help you navigate the tricky waters. 

The first thing you need to determine is who is really liable? And was it their negligence that caused your fall and injury? For example, let’s say you fall on a patch of ice on the sidewalk of a friend’s house. Did that friend know their was ice there, and did they intentionally not solve the problem? If they knew there was ice, and they knew that the ice could result in injury...then they could very well be liable. 

Now that you think you can prove negligence as a result from the “host,” or property owner...you need to answer a few additional questions. Before proceeding though, this is where we suggest having a consult with a personal injury lawyer. The personal injury lawyer is trained to help you win these types of cases and they will be your most valuable asset. The following are things you need to consider, and talk over with your personal injury attorney. 

Your Opponent: Negligence and Liability
We’ve already discussed this to an extent, but this is also something you should discuss with your personal injury attorney. While it seems obvious that they might be liable based on the previous scenario...there are a few other things that apply and things you should consider - such as reasonability. Make sure to discuss the following with your personal injury attorney: 
Time: Did the host/property owner have enough time to fix the problem that caused your injury? If the hazard was on the property for over two weeks, it appears that they would have enough time to make an adjustment. Unless they were out of town. These are the things that you will need to discuss with your personal injury attorney. 
Prevent: Did the owners of the property take action to prevent any future injuries or hazards? For example, did the owners of the property take time to put ice down...did they attempt to keep the area free of ice? Some hazards can’t be avoided, but it’s important that the owner attempted to avoid them. If they didn’t, that helps you. 
Additional Factors: You’ll need to discuss any additional factors that might have contributed to your fall. This might include poor lighting, uneven surfaces, or limited visibility. 

Your Liability
The next thing you’ll need to discuss with your personal injury attorney is your liability in the accident - if you have any at all. You’ll need to address the following (and be extremely honest with your attorney):
Your Mental State: Were you under the influence of drugs or alcohol when the accident happened? If so, this could have caused the accident - or at least that’s what your opponent might state. If you weren’t under the influence, were you distracted? Being on your phone versus paying attention would be an example of how distraction could have caused the fall or accident.  
Location: Was there a reason the hazard was there? For example, if there was a hole that was there to do some intentional digging (maybe for a gas line, power line, landscaping, etc)..that might mean it was your fault for being in that area. 

You’ll need to be able to go through the entire accident and prove that you had absolutely no fault. Make sure you not only discuss everything we’ve already covered with your lawyer, but that you also spend time and walk him/her through the accident from start to finish. Your personal injury attorney is trained to ask the questions that will help them determine liability, and who is at fault.

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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