Denver Personal Injury News

How Gaps in Medical Treatment After An Auto Accident in Denver Could Affect Your Claim


October 18, 2017

After an auto accident in Denver, the at-fault party’s insurance company will review your medical records before placing a value on your claim. If an insurance adjuster spots gaps in your medical treatment, this could raise red flags and ultimately lower the value of your claim. Here’s why:

Gap Between the Accident and Initial Treatment

The first type of gap that the insurance adjuster may notice is a gap between the car accident and the first visit to the doctor. This occurs when you choose to seek medical attention a few days or weeks after the accident instead of going to a doctor immediately following the crash. If an insurance adjuster notices this type of gap, he may allege that your injuries were not sustained in the accident. The insurance adjuster will argue that if you were truly injured in the accident, you would have received medical attention right away instead of waiting. To the insurance adjuster, the gap in treatment shows that you were injured in another way and want to blame it on the accident in order to recover compensation.

This type of gap could also indicate that you were not seriously injured in the accident and only went to a doctor because you realized there was an opportunity to recover compensation. Even if this isn’t true, it gives the insurance adjuster a reason to lower the value of your claim. Learn more about the gap in treatment and how it can affect your case.

Gap Between Doctor Visits

Insurance adjusters will also look for significant gaps that occur in between doctor visits. The insurance adjuster could use this type of gap to argue that you must not have been in any pain or you would have returned to the doctor sooner.

This type of gap will also hurt your case if it can be used to prove that you did not follow a doctor’s orders. For example, let’s say the medical records show that your doctor asked you to return for a follow-up visit within two weeks. If you did not return until two months later, the insurance adjuster will argue that you purposely ignored the doctor’s orders, which could have made your injuries worse.

Be sure to speak up if there is a reason why you waited to return to the doctor’s office. If you lost a loved one or went out of town to visit family, this needs to be mentioned to the insurance adjuster. Or if you were sick for several weeks with the flu, the insurance adjuster will understand why you pushed back a scheduled procedure. A gap between doctor visits may not affect your case if you are able to prove why it occurred.

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 Personal Injury Attorney Discusses Damages Awarded in Wrongful Death Cases


October 11, 2017

Families that have lost a loved one in a tragic accident may be able to recover compensation by filing a wrongful death lawsuit with the help of a Denver personal injury attorney. There’s no amount of money that can replace a loved one, but recovering compensation can help you avoid financial hardship. Here are some of the damages that you may be awarded in a wrongful death case:

Funeral & Medical Expenses

The family may be awarded compensation to cover the costs of their loved one’s funeral and medical expenses. This will not cover any medical expense that the victim incurred throughout life, but rather any expense related to the accident that caused the death. For instance, a victim that was injured in a car accident may have been taken to the hospital for treatment before he/she passed away. Any expenses that she incurred in the hospital prior to her death may be covered with this compensation. Learn more about damages in a wrongful death lawsuit.

Loss of Income

The victim may have provided for many family members, which means these individuals will now be left without any financial support. Fortunately, the victim’s family members may be able to recover the income that they have lost by filing a wrongful death lawsuit. To determine how much should be awarded, the court will look at a number of factors, including the victim’s income, age, and health. If the victim was young and in fairly good shape, the court will assume that she had many more working years ahead of her. This means that the family will most likely be awarded more than they would if the victim was older and in poor health prior to her death.

Loss of Benefits

In addition to income, the family may also lose out on other benefits that were provided to them by the victim. For instance, the family members may have been covered by the victim’s health insurance. In this case, the court will compensate the family for the benefits they have lost.

Pain and Suffering

Losing a loved one can be an incredibly painful experience. Even if the family members were not financially dependent on the victim, they may be compensated for the emotional pain and suffering they have endured as a result of the wrongful death. A spouse may be compensated for his loss of companionship, while children may be compensated for their loss of care, guidance, and protection.

How can you quantify the pain and suffering that you are experiencing? It can be difficult to calculate how much you should be awarded for your pain and suffering, so let an attorney help you come up with a number.

If you have lost a loved one because of 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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The Difference Between Personal Injury and Workers’ Compensation in Denver


October 4, 2017

After an injury, people often wonder if they have the right to file a personal injury or workers’ compensation claim. It’s important to understand the difference between these two types of claims so you know what to do if you are ever injured. Here are the differences between personal injury and workers’ compensation in Denver:

Where the Injury Happened

The workers’ compensation system was established to compensate individuals who were injured while on the job. Therefore, in order to receive workers’ compensation benefits, the injury that you have sustained must have occurred while you were performing the duties of your job. But, that is not the case for personal injury victims. Personal injuries can happen anywhere and everywhere, including on the road, in a doctor’s office, or even in a five star luxury resort.  

Fault

In order to recover compensation in a personal injury case, the victim must be able to prove that the defendant was at fault. For example, a car accident victim must show evidence that proves the defendant caused the crash. Evidence may include photographs from the scene of the crash, a police report that summarizes the events leading up to the crash, or testimony from an accident reconstruction expert. If the victim is unable to prove fault, he will not be awarded compensation for his injuries. Learn more about determining fault in a personal injury case.

On the other hand, the victim does not need to prove fault in a workers’ compensation case. The victim is not responsible for showing that someone else such as a co-worker or employer caused his injuries. As long as the injury occurred at work, the victim is most likely entitled to receive workers’ compensation.

Compensation

Another difference between these two types of claims is the compensation that you will be able to recover. Personal injury victims may be awarded compensation for their current and future medical expenses, lost wages, and pain and suffering. Workers’ compensation claimants can be compensated for their medical expenses and lost wages, however they will not be awarded compensation for their pain and suffering. This means it is possible to recover more compensation in a personal injury lawsuit than it is by filing a workers’ compensation claim.

Party With Financial Responsibility

If you have been injured while at work, your employer’s insurance company is responsible for compensating you for your injuries. In a personal injury case, the defendant’s insurance company is typically responsible for compensating the victim. For instance, the defendant’s car insurance company would cover injuries sustained in a car accident, and his homeowner’s insurance would cover injuries sustained on his property. If the defendant is not insured, he may be responsible for compensating the victim.

If you have been injured, don’t hesitate to seek legal representation from an experienced personal injury and workers’ compensation 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: The Most Fatal Types of Car Accidents


September 27, 2017

Every type of car accident can be dangerous, but there are some car accidents that are more fatal than others. According to Denver auto accident attorney Mark A. Simon, it’s important to learn about which types of car accidents cause the most fatalities so you know how to protect yourself on the road. Here’s a look at some of the most fatal types of crashes:

Head-On Collisions

Head-on collisions are often more catastrophic than other accidents. This is because both cars involved were traveling towards each other right before the accident, meaning the vehicles hit each other with more force. These accidents are not very common—in fact, it’s estimated that head-on collisions account for only 2% of all car accidents. However, they still account for 10% of all driving fatalities. Learn more about head-on collisions: the most dangerous type of car accident.

T-Bone Accidents

A T-bone accident occurs when the front of one vehicle collides with the side of another vehicle, thus forming a “T” shape. These accidents typically happen when one car illegally travels through an intersection and collides with another vehicle that is legally passing through the same intersection. Because the sides of most vehicles do not have as much protection as the front or the rear, these accidents often lead to fatal injuries.

Rollovers


Sometimes, a car is hit with so much force that it rolls over. Any time this happens in an accident, there are likely to be serious, if not fatal injuries. Sport utility vehicles, vans, and trucks are more likely to roll over than sedans, however any vehicle can roll over if it is hit with enough force. This type of accident can be especially deadly if a commercial truck is involved. If a commercial truck rolls over, it could crush another vehicle that was driving alongside it.

Sideswipe Accidents

A sideswipe accident occurs when two cars that are driving side-by-side collide with each other. Sideswipe accidents can be minor, but if a car is hit hard enough, it could cause the driver to lose control of the vehicle. It is common for a driver that is sideswiped to spin off of the road and collide with something else, like a light pole or traffic sign.

Pileups

Accidents that involve multiple vehicles are known as pileups, and these can be extremely dangerous, especially if they are on a highway or interstate. Even if no one is killed by the collision, fatalities can still occur if someone gets out of their vehicle and is hit by another car speeding by. If anyone requires medical attention, it can be difficult for emergency responders to find them because of the number of vehicles involved in the accident.   

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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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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