Denver Personal Injury News

How to Start Your Workers Compensation Claim from Your Denver Workers Compensation Attorney


November 14, 2018

Getting hurt on the job is not a pleasant experience, to put it bluntly. However, you don’t need to feel like you’ll be completed devastated financially and without any recourse, as the workers compensation system is put in place to insure workers are protected against such situations. If you’ve recently been injured on the job and are wondering what the first steps you need to take towards a workers compensation claim are, here are the first things you need to do to get the ball rolling from your Denver workers compensation attorney. 

Seek Medical Attention


Of course, the most obvious step above all else is to seek medical attention. This won’t be an issue if it’s a medical emergency, as you’ll likely head straight to the emergency room or urgent care to receive treatment. However, if you’ve injured yourself but the injury isn’t pressing, such as a mild leg or back injury, it’s important to head to the doctor to receive treatment as soon as you can. 

This isn’t just for your health, although that’s clearly important, it also indicates that your injury is severe enough to warrant filing a claim. You may be required by your employer to see a specific doctor, so it’s a good idea to ask your employer if this is necessary. Many states allow employees to seek a second medical opinion if they feel the first doctor didn’t adequately diagnosis their condition.

Notify Your Employer


One of the most important steps in the workers compensation claims process is to notify your employer that you have been injured on the job. Most jurisdictions require employees to notify their workplace within 30-45 days of an incident. If you do not notify your employer within this time period, the chances of filing a successful claim are dramatically reduced. The exception to this rule is when an employer should have been already aware of such an injury occurring, such as when you are hurt and require immediate medical attention and a manager is responsible for helping out.

Tell the Truth


Throughout the entire workers compensation process, it’s critical for an employee to be as honest and truthful as possible. Perjuring yourself during the investigation process is a surefire way to have your claim thrown out, leading to the unfortunate situation where you are out in the cold. You may also face legal action as a result of lying during this process. If you are not sure about what you should tell investigators, always consult with a qualified workers compensation attorney who can help you through this situation.

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. 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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Denver Auto Accident Attorney Explains What to Do when Hit by Drink Driver


October 24, 2018

Even when we are the most cautious, we cannot control outside factors that surround us—which holds true in the case of automobile accidents. Unfortunately, drunk driving accidents and fatalities in Colorado are on the rise, putting responsible drivers on high alert. Knowing what to do in the case of being hit by a drunk driver in advance can help you navigate through the legal process. Learn more about drunk driving accidents and how your local Denver auto accident attorney can help you with your case.  

Colorado Legal Limits


In the state of Colorado, there are two types of incidents for driving under the influence: Driving under the influence of alcohol, or DUI for short, and driving while ability is impaired, known as DWAI. 

First and foremost, it is best to always get a designated driver or call a cab or Uber when drinking. This will keep you from being a liability on the roads as your fellow drivers will be safe. 

Reviewing the DMV’s DUI & DWI in Colorado basic information, a person can be charged with a DUI when they are in control of a vehicle while under the influences of drugs and/or alcohol. A DUI is the more severe criminal act of the two—but a person should aim to not be charged with either. 

A person that is 21-years-old or older cannot have a blood alcohol content (BAC) that is 0.08 percent or higher. If they do, they will be charged with a DUI. For those under the legal limit to drink alcohol, the BAC level is 0.02 percent. Offenders face fines up to $1,000, up to one year in jail, a suspended license for nine months and up to 96 hours of community service and alcohol education courses. 

Just because a person does not exceed the 0.08 percent BAC limit does not mean they will not be in trouble with the law in the event of an incident. If a police officer sees questionable behavior on the roads and a person has a BAC of 0.05 percent, they can be charged with a DWAI. This means their ability to operate a vehicle has been impaired from drugs or alcohol. Those charged with a DWAI can receive eight points on their licenses, which leads into a suspension. Also, there is a fine up to $1,500, up to one year in jail and up to 96 hours of community service required. 

Second and third offenses lead to more extreme jail sentences, fines, suspensions, and other penalties. 

Drunk and Impaired Driving Stats


Based on Colorado’s traffic and safety statistics, there was an increase of more than 10 percent in fatal drunk driving accident in 2017. There was almost a one percent increase in DUI and DWAI incidents reported. To combat this, in the state’s strategic plan, they aim to reduce drunk driving fatalities and injuries through auto accidents by five percent. In 2017, they were 1.4 percent closer to their goal. They also hope to reduce DUI and DWAI crashes and fatalities by five percent, as well as unrestrained occupant fatalities. 

But DUI and DWAI incidents do not just happen between two cars. Pedestrians have seen a near 50 percent increase in incidents since 2015. With so many people paying attention to their phones or other things while walking, it makes it more likely that people do not pay as much attention to their surroundings. 

Common Times of Year for Increase in Drunk Driving Incidents


While drunk drivers can happen at any time, there are certain days of year a person and families should be extra cautious. Some of the main holidays that lead to a spike in claims include: 
  • New Years’ Eve and New Year’s Day
  • Super Bowl
  • St. Patrick’s Day
  • Cinco de Mayo
  • Labor Day 
  • Independence Day
  • Memorial Day
  • Halloween
  • Thanksgiving (and the day before Thanksgiving)
  • December holidays

Incidents are most likely at night but can happen during the day. When driving, always stay on alert for distracted and impaired drivers. 

What to Do if You’re in an Accident


If you are in a car accident, your safety is your top priorities. If a physically fine and damage is minimal/car is in working condition, you can move the car safely to the side of the road. Be sure to turn on your flashers. 

Second, make sure to call authorities immediately. You can inform the officer of your go-to concerns upon their arrival. Once you get out of the vehicle, get the other driver’s information. This includes their name, phone number, driver’s license, and insurance information. This will be key in your insurance claim. 

Third, document, document, document. Take quality photos of everything as that will help your case. It is also important to quickly write down what happened while all is fresh in your mind. Include every detail possible, including the date, time and location. If presented with anything to sign, hold off unless it is from your insurance agent or your premier auto accident attorney. 

Speaking of insurance, they will be your final call after you speak with the police. They will walk you through kicking off your medical claim. 

What to Know if You are Hit by a Drunk Driver


Upon being hit by a drunk or impaired driver, contact a go-to accident attorney. A lawyer will specialize in assisting Denver drunk driving victims to help them get the settlement they deserve. From injuries to deaths, it is important to have a lawyer that will fight for your rights. Money will assist with medical claims, pain and suffering, and more. 

For an attorney you can trust during your drunk driving case, contact the office of Mark A Simon. As an experienced attorney, Mark will work through your claim to ensure you receive what you are entitled to. The best way to be prepared is to save our office number in your phone: 303-321-HURT. This will help you quickly make a call in an emergency situation, helping you get a great start to the process. 
 
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Tips for Staying Safe on the Roads with School Back in Session from Your Denver Auto Injury Attorney


October 10, 2018

The end of summer signifies the return of millions of students to schools across the United States. For many parents, this also means a time for rejoicing, as they will no longer have to fret about their children getting into mischief while they are unattended to. The increase in childcare bills will also vanish, as kids will once again be under the watchful eye of educators. Additionally, the start of school also brings with it an increase in the amount of pedestrian traffic and a boost in the activity around school zones. Even if you don’t have children to tend to, you will need to increase your driving awareness while on the road. Here are some helpful tips for staying safe behind the wheel from your Denver auto injury attorney.

Timing is Important: Keep Yourself Plenty!


Morning commutes, whether it is to work or school, can be fraught with stress and unfortunate delays. Back-to-school time means an increased amount of traffic on the road, as fellow parents and educators return to the roads during the morning time, leading to an increase in traffic delays and stressful headaches for any motorist who finds themself caught in a jam. Planning ahead will provide you with a much-needed amount of leeway to avoid unfortunate morning situations. 

If you are one of the lucky individuals who has to commute to work or needs to drop their children off during the busiest traffic time of the day, be sure to give yourself ample time to make the commute bearable. Planning ahead for unforeseen traffic situations can dramatically reduce the amount of stress both you and your children experience during the morning commute. The worst start to your day can be a traffic jam that stresses out both you and your kids, which can set the tone for the rest of the day.

Leaving a few minutes early will provide you with a necessary cushion to avoid having to speed and drive unsafely in order to remain on time. While you may feel the need and obligation to arrive on time, it is certainly not worth putting yourself, your loved ones, and other motorists at risk by engaging in risky driving behaviors. With school back in session, there will be an increase in the amount of pedestrians walking near roadways, especially younger individuals who are less keen to be aware of their surroundings than adults. If there was ever a time to practice defensive driving habits, the back-to-school period is certainly it. 

Educate Your Children on the Dangers of the Road


Sending your children back to school tends to involve ample amount of planning, preparation, and education on the part of parents as a way to ensure their children feel ready to head back to the classroom. As a part of this planning, parents should seriously consider educating their children on the potential dangers of being close to roadways. If you children walk to school, this should be especially important to parents, as your children will be much more vulnerable to the possibility of dealing with motor vehicles. 

If your children are on foot to school, map out their specific route with them as a way to show them the most hazardous portions of their commute. Locate and make them aware of the parts of their journey that are the most dangerous, including crossings as well as parts where drivers are likely to speed up or miss stop signs. As a part of this safety plan, always remind your children to remain vigilant and to stay off of their phones and other electronic devices, as this will make them much more prone to being hit by cars they can’t see. 

Minimize Distractions


The rise of smartphones and other electronic devices has increased the amount of distracted drivers on our roadways. It should come as no surprise that distracted driving is one of the leading causes of accidents in recent times, and it stresses the need for motorists to remain alert and practicing safe driving habits. Even if you aren’t on your phone, there are almost certainly plenty of other drivers on the road nearby who are, which only highlights the importance of practicing defensive driving behaviors.

With school back in session, a distracted driver can lead to a tragic situation, one that could have easily been avoided had the driver remained aware and vigilant to their surroundings. Young children are less likely to be aware of their surroundings and may inadvertently enter into traffic without warning, making it absolutely crucial that drivers remain focused on the road instead of staring into their smartphone.

Although you may need to be connected to your mobile device for work reasons, any kind of activity on your smartphone can be avoided in favor of remaining safe. If you are prone to answering your phone or texting while driving, eliminate the urge to pick up your phone by placing the device out of reach while you are on the road. If you absolutely must answer a call while you are driving, set up a hands free device to make the practice a much safer endeavor. In addition to unsafe phone usage, keep other distracted behaviors to an absolute minimum, such as eating or playing with your car’s radio. Always remember that the safety of you and potential pedestrians takes precedence to any other activity. 

It is important to do everything you possibly can to avoid an accident, but sometimes things happen that are out of your control. In these cases, you will want someone to advocate for you every step of the legal process. Because of this, it is important to seek out the services of a qualified auto injury attorney that will fight for your rights every step of the way. Mark A. Simon is someone who will fight tirelessly for your rights and ensure that you receive the highest possible settlement. He will begin the investigation process immediately, ensuring you receive the best representation possible. Contact him at 303-321-4878 to discuss your legal options during a free consultation.
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Food Recalls Explained by Your Local Personal Injury Attorney


October 3, 2018

In 2017, the United States Department of Agriculture (USDA) had more than 130 reported food recalls, totaling over 20 million pounds of food. Recalls can be announced after meat, vegetables, boxed food, and other impacted, causing at times deadly illnesses in those who consume them. As a consumer, it is important for you to practice proper food safety when you cook and pay attention to see if any foods you have purchased have been recalled. In the event you are negatively impacted by a recall, you can count on your local personal injury attorney to help you gain any compensation that you deserve. 

Basics on Food Recalls


Food recalls are announced when a food manufacturer or distribution company discovers a problem or potential problem with their product. Once a food has been recalled, it is announced, and stores should immediately remove it from their shelves to prevent others from buying and consuming the dangerous product. Recalling a food is a voluntary act by the manufacturer or distribution company, but there can be consequences if a company fails to act and illnesses and deaths have been reported. The Food Safety and Inspection Service can intervene and investigate the food in question in order to protect consumers. In addition, food can be recalled if there is a mistake in the label, failure to label top allergens, the risk of contamination, and more. 

To learn about the latest, you can see recent recalls at FoodSafety.gov. 

Three Types of Food Recall Classifications


Food recalls are categorized into three different classifications, based on their level of risk they pose to a person. 
  • Class I: These are the most dangerous of recalls. The chances of a person experiencing serious health issues or even death are highly likely. 
  • Class II: The threat level is somewhat higher, under a Class II recall. It poses a moderate risk for those who consume any of the potentially affected food. 
  • Class III: The Class III recall is used in scenarios where a person will not have negative health effects because of the food recall. For instance, this could be for a mislabeling on the nutrition label on serving sizes. 

Most Common Reasons for Recalls


Recalls occur for a variety of reasons but there are a few common reasons manufacturers and food producers make the call. 
First is the mislabeling of food allergens. There are eight common food allergens that must be identified on food labels: peanuts, tree nuts, shellfish, fish, eggs, soybeans, and milk. It is mandatory for all food producers to label a product noting if they have one of these allergens or are made in a facility with them if they indeed contain one of these eight foods. Because of the severe allergies many Americans have, people rely on nutrition labels when they make their decisions about what foods to buy. A recall should happen when a product may be missing an allergen it contains. 

The second most common reason for food recalls is pathogens. Pathogens are viruses, parasites or bacteria that contaminate food, causing food poisoning or even death. The most common reason for these pathogens to occur is cross-contamination. Cross-contamination occurs when a person preps an item, then does not wash their hands or utensils before moving onto another. For instance, when cooking raw poultry, before moving on to another item, it is imperative for a person to wash their hands and all utensils that were touched by the raw poultry. A few of the most common types of pathogens include: 

Salmonella: This type of pathogen is common when mishandling raw products or undercooked eggs. It can also arise in unpasteurized dairy, fruit, and vegetables. Avoiding cross-contamination and cooking foods to temperature help avoid salmonella. 
E. coli: Fully known as Escherichia coli, dangerous strains of this bacteria is common in undercooked meat and unpasteurized dairy. 
Clostridium perfringens: Common in large servings of food, such as trays on a buffet or a large dish, this type of pathogen relates to food safe temperatures. When a certain food has sat out for too long, it loses temperature. When it reaches the “danger zone,” 40 degrees to 140 degrees, this bacterium can appear and spread quickly. 

The third most common reason for recalls is items left in food. For instance, if a food prep facility accidentally spills plastic or other non-food items into a package, it is best to recall it at once. 

Proper Protocol of Stores


Once a recall is announced, a food retailer is legally required to remove all instances of a product as soon as possible. No matter what the serial number of the affected foods say, all instances must be removed. This means a retailer must take the food off the shelves and ensure anything in storage does not make it available for sale. Failure to do so can lead to fines or lawsuits brought on by anyone that consumes the recalled food. Retailers should have a protocol in place that is common knowledge amongst all employee to ensure the safety of consumers. 

Involving a Lawyer if Affected


If a person sustains a foodborne illness due to the consumption of a recalled food, they may be able to sue for damages. This will help with all medical bills that have piled up or pain and suffering. A premier lawyer can also help in wrongful death suits, too. Depending on the recall, a person may be able to sue the manufacturer or food distributor to get compensation for damages. From losing pay to medical bills, a lawyer will spend quality time with you to assess your situation and help you take your next steps. 

As you are considering the reasons to hire a Denver personal injury attorney for your case, Mark A. Simon attorney at law is your go-to for all your food recall questions. If you have consumed food on a recall, contact our offices to see how we can help. There may be compensation to help you ease the burden of medical bills and other issues that have risen. Get started and contact us today at 303-321-HURT. 
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Should You See a Chiropractor or Specialist After a Denver Auto Injury?


September 19, 2018

After undergoing a Denver auto injury, you may feel overwhelmed about your condition. Your top priority is to receive proper treatment, which can be difficult if you are unsure of the root of the problem. Some injuries cause side effects that present symptoms right away, while others may not show up until weeks later. Between managing your insurance claims and possibly fielding phone calls from local chiropractors and health specialists in the area, you might not be sure what to say yes to. Learn more about chiropractors and health specialists and how they can help after your auto accident. 

What is a chiropractor? 


Chiropractors use a manual treatment and correction of the spine or soft tissue to help reduce pain and increase mobility. It is a common choice among those with back problems and other injuries as a resort before surgery or in some cases, eliminating the need for surgery. In conjunction with your medical doctor, a chiropractor will complete an examination to assess the situation. From there, they will complete a series of manual adjustments over a duration of time. After a car accident, if you are contacted by a chiropractor, you can ask your primary care physician if they feel it will be helpful in conjunction with your treatment plan. You can also reach out for an exam with a quality chiropractor to schedule a consultation. Do not feel rushed to decide though that you are not comfortable with. 

Types of specialists


There are a wide variety of specialists that can help you during your recovery phase after a car accident. To get started, it is best to see your primary care physician first to help you determine a specialist to see. They are able to make a referral that you can run through insurance.  Car accidents commonly cause muscular injuries, making a premier rehabilitation specialist helpful in recovery. Another go-to specialist to help you recover is a physical therapist. Through physical therapy, they will help you work through motions and regain strength.                                                                                                                             

Working on your claim


After an accident, your proper route of treatment can be confusing. You may receive calls from chiropractors and specialists strongly urging you see them. When you are working with your insurance company on your claim, you may be worried their services will not cover the costs. However, this is why it is important to connect with a top accident attorney in your area. Avoid settling on your medical claims and do not sign a release without fully reading documents—which includes assistance from that lawyer. Keep these first steps following a personal injury auto accident handy in the event you need to use them. 

If you have been injured in a car accident, the law office of Mark A. Simon can help you find an appropriate specialist. Our goal is to help you not feel overwhelmed and guide you to the right action to receive proper care. We want to make sure you understand the importance of seeking medical care after an auto accident. Contact our office today at 303-321-HURT for your free consultation. 

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