Denver Personal Injury News

When to Send A Demand Letter After An Auto Accident in Denver


November 22, 2017

A demand letter is a written document that is sent to the at-fault party’s insurance company after an auto accident in Denver. The letter will include a brief summary of the accident, including what evidence you have that indicates the other driver was at fault, and a specific demand for compensation. Sending this letter will show the insurance company that you are serious about recovering compensation for your injuries. But, when should you send it? Here’s what you need to know:

Maximum Medical Improvement

It’s never a good idea to send a demand letter before you have reached maximum medical improvement, or MMI, in your case. Why? A victim reaches MMI when doctors do not believe that he will improve any further, even with additional treatment. Until a victim has reached MMI, it’s impossible to determine how his injuries will affect him in the future, and therefore impossible to accurately estimate the value of his claim. What is maximum medical improvement?

For example, if you sustained a back injury in a car accident, a doctor may recommend completing three months of physical therapy. Even if you still feel some lingering pain after three months of physical therapy, the doctor may say that you have reached MMI. Now that you know you will still experience some pain in the future, you will be able to accurately calculate the value of your claim. If you had sent a demand letter immediately after the injury, it’s possible that you would have underestimated the value of your claim and asked for too little from the insurance company.

Documentation

The insurance adjuster at the at-fault party’s insurance adjuster will not even begin to think about making an offer if he does not have your medical records and proof of expenses. Without this documentation, there’s no way for the insurance adjuster to determine if the amount you are asking for is fair or not. Therefore, it’s best to wait to send the demand letter until you have sent all of the documentation to the insurance adjuster.

Statute of Limitations

There is a three-year statute of limitations on car accident claims, meaning victims only have three years from the date of the accident to take legal action against the at-fault party. If you file outside of this three-year window, the court may immediately throw out your case. Be sure that the demand letter is sent to the insurance adjuster well before the three-year limit is up. Although it’s important to wait until you have sent documentation and reached MMI, it’s even more important to ensure you do not wait too long to send the demand letter.

If you are injured in an auto accident, don’t hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will draft a demand letter and send it to the at-fault party’s insurance company when the time is right. Then, he will aggressively fight for 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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Can You Afford to Hire A Denver Personal Injury Attorney?


November 15, 2017

People that have been injured in car crashes, slip and falls, and other accidents can recover compensation by filing a lawsuit against the person that has caused them harm. However, many victims fail to take legal action because they assume that they cannot afford to pay for a Denver personal injury attorney. Fortunately, that’s not the case.

An Introduction to Contingency Fees

When you hire a criminal defense, business, or family law attorney, you should expect to pay him either an hourly rate or flat fee. But, personal injury attorneys are different because they work on a contingency fee basis. How does it work? A personal injury attorney will not ask you to pay for his services upfront or charge you by the hour. Instead, lawyers that work on a contingency fee basis will take a portion of the compensation that you are awarded in a settlement or verdict. The amount that the personal injury attorney will take can vary slightly, but it is typically around one-third of the compensation. Learn more about paying for legal services when you need a lawyer.

But, what happens if the lawyer is not able to reach a settlement or win a verdict in your case? If the lawyer is not successful in his attempts to recover compensation for your injuries, you will not be expected to pay for his legal services.

Benefits of Contingency Fees

This type of arrangement ensures that anyone that has been injured can afford to hire a personal injury attorney to represent them. Because you will not be required to pay for the legal services unless you win, everyone can afford to work with a personal injury attorney.

That’s not the only benefit to hiring an attorney that works on a contingency fee basis. Lawyers know that they won’t make any money off of your case unless they are able to win. They’re also well aware that the more compensation they recover for you, the more they will pocket, too. This means that personal injury attorneys are highly motivated to reach the best possible outcome in your case. Because of this, you don’t have to worry about hiring an attorney that is not willing to put in the time that is needed to win your case.

Other Fees

During the course of your case, your attorney may incur several expenses as he gathers your medical records, hires expert witnesses, or pays standard court fees. Most personal injury attorneys will cover these costs upfront and then take what they are owed when you are awarded compensation for your injuries. Make sure that you go over this with your attorney during the consultation to ensure that you will not have to pay for any of these fees.

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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Denver Auto Accident Attorney Discusses What to Expect During A Deposition


November 8, 2017

The lengthiest step in every car accident lawsuit is the discovery stage. During this step of the lawsuit, the plaintiff and the defendant will exchange information with one another so each side can gather as much information as possible about the claim. One way that attorneys get the information they need during discovery is by conducting a deposition. If you are asked to sit for a deposition, it’s important to know what to expect so you are prepared. Here’s what Denver auto accident attorney Mark A. Simon thinks you should know:

What is a Deposition?

During a deposition, the defendant’s attorney will ask you a series of questions related to the accident. Depositions are recorded so the evidence can be used in court if necessary. As a requirement, you will be under oath, which means you are expected to be completely honest when answering these questions.

What Questions Will You Be Asked During a Deposition?

Depositions usually go on for hours, so be prepared to answer dozens of questions. The questions that you are asked will vary depending on the specifics of your case. In the beginning, the defendant’s attorney may start by asking you for general background information such as your age, education, family, and work history. Then, you will be asked a number of detailed questions about the events leading up to the accident. For example, the defendant’s attorney may ask you to describe the weather and traffic conditions on the day the accident occurred. He may also ask that you go into detail about exactly what happened, including which direction the cars were traveling in, how fast they were going, and where they collided. See more typical deposition questions in a car accident case.

After discussing the accident, the defendant’s attorney will most likely begin asking about your injuries. He may pick apart your medical record and ask about pre-existing injuries, the treatment you received after the accident, and your choice in health care providers. The attorney will also want to know how the injuries have affected your personal and professional life, so be prepared to answer this question.

It can be intimidating to be interrogated by a legal professional, but as long as you are answering these questions honestly, there’s nothing to fear. Also, it’s important to remember that there’s nothing wrong with admitting that you don’t know the answer to a question. If you aren’t sure of an answer to a question, it’s best to say this aloud instead of making up an answer, which will be recorded and possibly used against you later.

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. If you are asked to sit for a deposition, he will ensure that you are prepared before questioning begins. 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 Personal Injury Attorney Reveals the Most Common Winter Accidents


Winter is right around the corner, which means cold weather, the holiday season, and perhaps a few injuries, too. Accidents can happen any day of the year, but there are a few types of accidents that are more likely to occur during the winter. According to Denver personal injury attorney Mark A. Simon, these are some of the most common winter accidents that you should prepare for:

Car Accidents
A lot of people travel by car when going out of town to visit friends and family over the holidays, which means there will be more cars on the roads than usual.
The roads can be especially dangerous right around Christmas and New Year’s Eve. Not only will there be more drivers on the road during these times, but there could also be more intoxicated drivers behind the wheel. For these reasons, drivers could be at a greater risk of getting into a car accident during the winter than at any other time of the year. Learn more about drinking and DUIs during the holidays.

Another reason why car accidents occur frequently in the winter is the weather. It’s much easier to drive in the hot and sunny weather of summer than it is to navigate through ice and snow during the winter. Cars can slip and slide on the ice if the driver is inexperienced or driving recklessly. As a result, there are many weather-related car accidents in the winter.

Slip and Falls
Slip and fall accidents can lead to serious injuries, including head trauma, spinal cord damage, and broken bones. Unfortunately, these accidents occur throughout the year. However, they are far more common in the winter than in any other season. Why? Snow and ice may start to accumulate on the roads, sidewalks, and in parking lots during the winter. If property owners don’t clear snow and ice off of these areas, visitors could slip and injure themselves.

Burn Injuries
Burn injuries are also common during the winter for a number of reasons. Many people set off fireworks to kick off the New Year. But if these fireworks aren’t handled properly, it’s possible that someone could get hurt. For example, lighting a firework while it is aimed at someone is a recipe for disaster.

Burns can also be caused by defective lights that are used as holiday decorations. To prevent this type of burn, make sure you carefully check each strand of lights before wrapping them around your tree. Do not use any holiday lights with exposed wires or cracks in the cords. These are both signs that the lights are defective and dangerous, which means it’s not a good idea to use them.

If you are injured this winter, don’t hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will work tirelessly to identify who is liable for your injuries. Then, he will aggressively fight for 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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How A Truck’s Cargo Can Cause Lead to A Personal Injury in Denver


October 25, 2017

Truck accidents aren’t always the driver’s fault. In fact, many times truck accidents are caused by issues with the way the cargo was loaded. Here are some of the ways that improperly loaded cargo can lead to a personal injury in Denver:

Too Much Cargo

The weight of a truck cannot ever exceed certain limits put in place by the Federal Motor Carrier Safety Administration (FMCSA). The weight limit for each vehicle varies, but it is always printed on the vehicle identification plate so drivers and cargo loaders can easily reference it. Unfortunately, many people ignore these weight limits and overload the truck with cargo even though they know that doing so is a safety hazard. When too much cargo is packed into a truck, the vehicle could begin to experience mechanical failures. The additional weight could also make it very difficult for the driver to maintain control over the vehicle. As a result, catastrophic accidents could occur. Learn more about overweight/overloaded/improperly loaded trucks.

Unsecured Cargo

Accidents can still happen even when the truck’s weight does not exceed the legal limits. This often occurs when the company that loads the cargo onto the truck fails to secure it in place. If the cargo is not properly secured, it’s very likely that it will topple over and begin to slide around in the back of the truck. Not only does this create loud noises that could distract the driver, but it also affects the weight distribution of the cargo. If the weight of the cargo is not evenly distributed, the truck could flip over when the driver attempts to turn right or left.

That’s not the only way that unsecured cargo could lead to accidents. Cargo could easily fly off of the truck and collide with other vehicles on the road. This could lead to extensive property damage and serious injuries—all because someone failed to properly secure the cargo. Even if it doesn’t hit another vehicle when it flies off the truck, it will still land on the road, creating an obstacle that other drivers will have to swerve to avoid.

The persons that load the cargo on the truck are responsible for ensuring that it is secure. However, the truck driver is also required to check the cargo frequently throughout his trip to ensure nothing has come loose.

Improperly Loaded Cargo

Whoever is responsible for loading the cargo onto the truck must pay close attention to where it is placed. The weight of the cargo must be even on both sides of the truck, otherwise the driver will have trouble steering the vehicle. In fact, something as simple as a lane change could cause the driver to lose control of the vehicle and collide with another driver if the cargo is not evenly loaded on the back of the truck.

If you have been injured in a truck 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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