Denver Personal Injury News

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.

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 

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. 

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. 


Common Personal Injury Claim Myths From Your Denver Personal Injury Attorney

September 5, 2018

In the course of a personal injury claims process, there are a number of things that can go wrong, factors that can potentially drastically alter the outcome of your case. Believing in certain myths regarding your case that are incorrect or inaccurate can be a deal-breaker in a case that can mean the difference between you receiving a big settlement and you receiving nothing. In order to insure you don’t have to deal with an unfortunate outcome occurring, you will certainly want to be aware of every possible misstep that can be taken throughout the personal injury claim process. Here are some myths to be aware of from your Denver personal injury attorney.

I Don’t Need to Use Insurance Because the Accident Wasn’t My Fault.

So the injury that occurred wasn’t your fault and you’re under the assumption that the other party will simply need to file a claim with their insurance. Think again. This is a common misperception that can occur with personal injury cases and it can significantly affect the case as a result.

Although the other party in your situation may have valid insurance, is is still important to understand what kind of coverage is available to you through your own policy. Although the other party may have valid insurance, it is possible that their medical insurance doesn’t have everything necessary to cover all medical bills. It can be easy to believe that filing a claim with your own insurance isn’t required, but that often can leave you having to foot the bill.

There’s No Rush to File a Lawsuit Since I Can File At Any Time

While you certainly don’t have to file a lawsuit as a soon as an accident occurs, it’s important to be aware of the fact that there are limitations on when a person can file a lawsuit within the State of Colorado. There are specific time limits on when a claim can be filed following an accident, as there are statute of limitations that regulate such cases. It’s important to be as proactive as possible with your case and to seek out qualified representation as soon as possible in order to avoid an unfortunate headache down the road. Hiring a lawyer as soon as possible will ensure your representation will have adequate time to build a case for you.

Lawyers are a Hassle and I’d be Better Off Without One

It can be easy to believe that you’ll be perfectly able to handle a lawsuit on your own, especially if your case appears to be an open and shut one. The allure of not having to pay legal fees can be intriguing, as a person may believe they will save a ton of money by not hiring a lawyer. While this is easy to understand, it is most likely not the case.

A qualified attorney knows how to maneuver the legal system for the benefit of their clients and is adept at advocating for their client in a plethora of situations. An experience personal injury attorney will have the necessary knowledge at their disposal to understand what is best for their client and what potential complications can arise as a result of filing a lawsuit. Insurance companies are in the business of making money and will do whatever is necessary to avoid paying a hefty settlement, regardless of whether the client deserves the payout or not. Hiring an attorney to fight for you in this critical juncture can actually save you significant money and time, as they will know all of the tricks necessary to receive the best settlement possible.

Personal Injury Cases are Quick and Easy Money

When it comes to personal injury lawsuits, it can be easy to believe that receiving a payout as simply easy money they didn’t earn. A person may hear of someone receiving a significant payout and think that they didn’t earn such a large settlement and that the cash they are receiving is undeserved or a handout. This couldn’t be further from the truth, as there are number of things to consider in the course of a personal injury case.

First, and perhaps most important, is the fact that you will most likely have a number of medical bills that need to be paid. These can include things such as the ambulance ride, a stay in the emergency room, surgery, subsequent doctor’s visits, and even the cost of the medications. Additionally, a person will most likely be missing work in the course of their recovery process, which means lost wages will be factored into the total payout. And of course, a person will also be receiving compensation for pain and suffering during this process, which can be a difficult thing to put a financial figure to.

These will all be included in the total of your settlement, things that need to be accounted for when thinking you’ll have a large sum of money to spend on whatever you’d like. It can be easy to believe a person that receives a large sum of money from their personal injury case got a large payout without deserving it, but this is simply not the case. The fact is, a personal injury claims victim is entitled to all of their settlement based on the various factors that contribute to the overall case.

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 workers’ compensation process. Because of this, it is important to seek out the services of a qualified workers’ compensation attorney that will fight for your rights every step of the way. Mark 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.

5 Ways to Improve Warehouse Safety to Avoid Workmans' Comp Claims

August 29, 2018

With an increase in demand for shipments, thanks to online ordering and more drop shipment options, there is such a great need to practice safety precautions in warehouses. Moving into some of the peak online ordering season, now is the best time to ensure your warehouse environment is prepare and regroup. Use these tips to avoid workmans’ comp claims at your business.

Have Protocols and Precautionary Safety Measures for Accidents

Slips, trips, falls, and other accidents account for a large number of warehouse incidents each year. If your company has outdated safety information, or none at all now, make it a priority to add. According to the OSHA Pocket Guide (Occupational Safety and Health Administration), some of the most common problems warehouse face include:
  • Forklifts accidents
  • Electrical systems and wiring incidents
  • Improper storage
  • Problems due to the door and wall openings
  • Exit-way accidents
  • Transmission failure
  • Not wearing a respirator in toxic areas
  • Lack of accessible fire extinguishers
  • Repetition in the workday
  • Blocked pathways
  • Hazardous material areas
  • Improper lock in and out procedures
  • Not using equipment properly
  • Disregarding proper lift techniques

As a team, work to create a master list of all potential hazards in your workplace. From there, create strategies on how to safely manage throughout each of these tasks. It also is beneficial to have annual sessions to freshen up on workplace training. This is a great way to revisit this hazards list and add anything new that has occurred in the last year.

It is crucial for all employees to practice all safety precautions in the warehouse to avoid injuries. Also, if OSHA decides to pay you a visit, dangerous environments can also be a costly write-up. Avoid all problems by having standards in place and practiced regularly.

Safety Committee to Host Routine Safety Trainings and Provide Signage

One of the top ways to bring something to the forefront is to make a routine out of it. For warehouse safety, put together a committee that is responsible for safety branding initiatives. A task for the team is to host monthly, mandatory safety meetings. Time is money, so it is important these meetings are as brief and to the point as possible. Have a safety topic each month where information is shared and build a community where the staff is proud to practice warehouse safety.

The committee should also be in charge of safety signage and awareness for the workplace. There can be a mix of lists that have all safety information—and small reminders, too. For instance, some of the smaller signage could note:
  • Steel-toe boot area
  • Wear a helmet and protective gear as needed
  • Use knees to lift heavy boxes
  • Wear harness in this area
  • Caution: High forklift traffic area

Tailor each of these signs to your particular business, based on your warehouse’s best practices. It is important that the signs be designed well and clear to read. If you have a marketing department in-house, connect with them for assistance on signage. If not, research the best signmaking in Denver, CO to find a company that you can work with.

Practice Proper Forklift Skills

One of the go-to reasons for accidents in a warehouse is forklift incidents. Some tips for practicing forklift safety measures are:
  • Prior to use, inspect the forklift to ensure it is in good condition. It is also important to check fluids and mechanical features to ensure it is in working order. Check for damaged wires on electric units and gas issues on internal combustion units.
  • Always wear a seat belt
  • Only one person in a forklift at one time
  • When hauling a load, make sure it is always behind you and not in front
  • Avoid speeding
  • If you need to drive in the opposite direction, stop and look around you before proceeding
  • Do not turn while in a sloped surface
  • Wear proper shoes and gear while operating
  • Give your full attention when operating
  • Remove any debris in the route you will travel in your forklift (i.e. boxes or other machinery)
  • Never travel down an aisle or walkway without looking for people and sending an audible signal of your presence
  • Do not operate in dark warehouses without headlights
  • Avoid rushing through loading and unloading

Perform Random Safety Checks

In order to ensure procedures are being followed, conduct random safety checks throughout the year. Ideally, having a consequence to not following the rules is a best practice to ensure employees do. It also serves as a great reminder to follow all rules knowing they could be observed at any time.

A best practice is to conduct them randomly. It can be an entire group or one person during the checks. When employees know they may have a negative consequence, they will be more apt to stick to the guidelines

Create Rewards Program for Employee Safety

To complement consequences for poor workplace safety behaviors, it is important to build morale for following protocol. Work with your team to find a rewards system for employees who follow safety precautions. A great idea to help keep track is to buy a sign that notes how many days has passed without a workplace accident. Update each day that there has not been an incident at work. Set goals and have a reward, such as time off or a free lunch, to reward for a specific amount of days without a workplace accident.

Remember, a safe environment is a happy one! If you are injured in the workplace, especially if it is due to a problem with your job, you may want to speak with an attorney. Mark A. Simon is your premier, local Denver workers’ compensation attorney. As you work to restore the quality of your health, take advantage of his services for any problems with your claim. He will help with denied claims and ones with issues to ensure you get the settlement you deserve. From temporary total and permanent disability to permanent total disability, his knowledge and expertise will help you win your case. Schedule your free consultation today by calling 303-321-HURT.