Denver Personal Injury News

What to Know About Insurance Companies Regarding Personal Injury Cases from a Denver Personal Injury Attorney

March 8, 2018

You’ve just been injured in a serious accident, whether on the job or in your personal time. The physical and mental pain can be intense and difficult to handle, but can also be compounded by the stress that accompanies such an incident. You will want to know how your medical costs and lost work productivity will be handled, as such cases can seriously disrupt your ability to earn a living for a significant period of time. As a result, you will be dealing with insurance companies. Here are a few of the important things to be aware of from a Denver personal injury attorney.

The Beginning of a Personal Injury Claim Process

After the dust has settled and you are able to begin the personal injury claim process, you will start by reporting your injury and beginning the claims process with the at-fault party’s insurance company. If the situation was one in which the at-fault party did not have insurance or their coverage was not sufficient, you will also need to file a claim with your own insurance carrier. The process will end when you decide to accept a final settlement from the insurance claims adjuster.

Filing a claim with the appropriate insurance company is the first step in any injury claims process. Often, you are able to file this claim over the phone with one of the company’s representatives. The sooner you file the claim the better, as many insurance companies require a person to file their claim within 24 hours of an accident.

When filing a personal injury claim, it is important to keep in mind that the process should be viewed as an ongoing negotiation. As a result, it is crucial to advocate for yourself at every step of the way, which means arguing for the highest possible settlement throughout the entire process. By starting a higher figure, the claims adjuster will be more likely to negotiate a number that will give you the biggest payout, as opposed to starting for less and having that figure negotiated down below an ideal amount.

Receiving a Reservation of Rights Letter

After you file your personal injury claim with the insurance company, you will eventually get a reservation of rights letter from the carrier. This letter will inform you that the insurance company intends to investigate the claim and will discuss this process with you. This is all standard procedure within a personal injury claim and should not be alarming to you.

However, by sending you this letter, they are not admitting that they are at fault or are liable for covering any of your medical costs. This letter is to inform you that the claims process has started and that they will be in communication with you regarding the ongoing process.

After you receive this letter, you send a demand letter to the at-fault party’s insurance carrier. This letter will essentially list the basic factual information regarding your case, including the extent of the injuries you sustained. This letter should include any medical bills that you have received, and listing these facts in an itemized format will greatly benefit your case. The more information you can provide to strengthen your claims case, the better. This includes listing out of pocket costs as well as lost income.

The Insurance Company’s Response

Once you’ve sent the insurance company a demand letter, you will eventually receive a response through the claims adjuster. You may receive this response over the phone or in the form of a letter. This is when the negotiation process begins in earnest.

Almost without fail, you can expect a claims adjuster to offer you less than what you are asking for. They may use a variety of negotiation tactics to convince you to accept an offer that is less than acceptable to you. They may say things such as it being a one-time offer, and may also state that your claim is too high because this is the maximum amount allowed by the insurance carrier.

A low settlement offer is all part of the negotiation process, and it’s important to not get too stressed about this aspect. Insurance companies are trying to maximize profits and reduce their costs, and this always includes starting the process with a lower offer. If you understand that this is a part of the negotiation process, you will be able to confidently reject this offer and make a counteroffer.

Making a Counteroffer

In the process of receiving an adequate settlement to your personal injury claim, you will eventually need to make a counteroffer. This is done by writing the adjuster and informing them that their first offer is not adequate and that you are formally rejecting the offer. You will want to explain in detail why you are rejecting the claim and you will want to restate why you feel your case warrants a higher offer.

After you’ve made a counteroffer, you will await the response of the insurance claims adjuster. At this stage, patience is definitely essential. The adjuster may take much longer to respond to your counteroffer, and calling them to demand a response prior to their second offer can be detrimental to your case.

Before receiving an offer that you are willing to accept, you may receive may counteroffers before you receive one that is sufficient. It is important to continue to defend yourself consistently throughout this process, always keeping in mind to restate the strong case that you have in defense of a higher offer.

It is critical to understand the injury claims process, as you do not want to sabotage your ability to achieve the maximum payout you deserve. Because of this, it is important to seek out the services of a qualified personal injury 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.

What to Know About Marijuana Use and Your Worker's Compensation Claim from a Denver Workers Compensation Attorney

February 21, 2018

In 2012, Colorado became the first state to legalize Marijuana for recreational use for individuals over the age of 21. While this was a paradigm shift in terms of the law, not everything related to marijuana changed in the process. Employers are still allowed to disqualify someone from employment if they test positive for Marijuana. Additionally, if you test positive for marijuana it may affect a pending workers compensation claim. As a result, it’s important to be informed about the current law from your Denver workers compensation attorney.

Employers and Marijuana

Although pot is now legal for recreational use for individuals 21 years and older in the state of Colorado, there are certain laws and regulations that dictate what is permissible in the workplace. While it’s no longer a crime to consume marijuana, it is something that employers can still drug test for and testing positive for pot can still be a fireable offense depending on the company’s policy.

Federal law states that marijuana use or possession is illegal under all circumstances. This backs up an employer’s right to not allow consumption in the workplace or even in one’s own personal time. If you are injured on the workplace and you test positive for marijuana, this can significantly impact any potential workers compensations cases that may follow such an incident.

Workers Compensation and Weed

If you are in the process of applying for a workers compensation claim due to an injury on the job, your case can be seriously affected if you test positive for marijuana. A person that tests positive for pot can lose up to 50 percent of income replacements depending on what judgement is made in your case.

In this situation, marijuana use can be incredibly detrimental to ensuring that a person receives their full financial compensation. A person may have their replacement income reduced and cut completely, but may still receive medical benefits. As a result, testing positive for weed can become more of a headache than it’s worth.

Doctors are not able to legally prescribe their patients marijuana, preventing a person from utilizing the medical prescription exemption in regards to controlled substances. This restricts a person’s ability to be protected by their medical marijuana use, and is another example of why marijuana advocates should be focused on resolved issues within federal law to prevent such issues from occurring.

If you are in need of an attorney in the Denver area who will fight tirelessly for your rights in every workers compensation case, Mark Simon is the most trusted lawyer in town. If you have been injured on the job or in an accident, do not hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will immediately begin investigating to ensure you receive the most thorough representation possible. Call us at 303-321-4878 or contact Mark A. Simon to discuss your legal options during a free consultation.

Denver Workers’ Compensation Attorney Explains How to Appeal A Denied Claim

December 13, 2017

Employees who are injured at work are typically entitled to workers’ compensation benefits. But according to Denver workers’ compensation attorney Mark A. Simon, being entitled to benefits does not mean you will automatically receive them after an injury. If your request for workers’ compensation is rejected, it’s important to appeal the decision. Here’s how:

Request A Settlement Conference

Most people attempt to settle their claims in a settlement conference before requesting a formal hearing. An administrative law judge (ALJ) presides over the settlement conference and helps both parties resolve issues in the case. The ALJ can also ask both parties to exchange information related to the case with each other, since sharing this information could lead to resolutions.

If the issue can be resolved in a settlement conference, there’s no need to move forward with the formal hearing. However, the hearing is still an option if you are unable to reach an agreement with the insurance company during the conference.

Request A Formal Hearing

To request a formal hearing, fill out the Application for Hearing paperwork and submit it to the Office of Administrative Courts. You will also need to send a copy of this paperwork to the insurance company that has denied your claim.

An ALJ also presides over this type of hearing, where both sides will be allowed to submit evidence supporting their case. After the judge hears both sides, the hearing will come to an end. The ALJ will then review the information that has been presented and release a written decision that outlines who the judge is siding with and why. This written decision will not be released on the day of the hearing, so you will have to wait to receive it in the mail to learn the outcome. See the Division of Workers’ Compensation employee’s guide for more information.

Next Steps

If you disagree with the judge’s ruling, you will need to file a Petition for Review within 20 days. Both parties will draft a brief that outlines why they agree or disagree with the judge’s decision. The ALJ that presided over the formal hearing will get a chance to review these briefs to determine if he would like to reverse his original ruling. If he does not wish to do so, the case will be sent to the Industrial Claim Appeals Panel, who will review the files and issue a decision within 60 days.

If you do not agree with the Panel’s decision, the next step in the process would be appealing to the Colorado Court of Appeals. Cases can also be appealed to the Colorado Supreme Court if the injured worker does not agree with the decision made in the Colorado Court of Appeals. However, workers’ compensation cases rarely make it this far through the appeals process since most can be resolved in the early stages.

If you are injured at work, don’t hesitate to seek legal representation from an experienced workers’ compensation attorney. Mark A. Simon will aggressively fight to ensure that you are awarded the compensation that you deserve for your injuries. Call us at 303-321-4878 or contact Mark A. Simon to discuss your legal options during a free consultation.

Common Driver Errors That Can Lead To An Auto Accident in Denver

December 6, 2017

Car accidents can be caused by malfunctioning brakes, road hazards, and other factors that are beyond a driver’s control. But, the truth is that the vast majority of car accidents are caused by driver errors. Here’s a look at some of the common driver errors that can lead to an auto accident in Denver:


There’s a reason why roads have speed limits—to keep drivers safe. Drivers that choose to ignore these speed limits are putting everyone else on the road in harm’s way. Speeding is always dangerous, but it becomes even more risky when visibility is low due to bad weather or when the roads are poorly lit. By the time a speeding driver recognizes that he needs to apply the brakes, it’s usually too late to stop his vehicle from colliding into another car.

Failing to Use Lights

Drivers need to turn on their headlights once the sun has set so they are visible to other drivers on the road. They also need to use their turning signals every time they change lanes or make a turn so other drivers know to get out of their way. Finally, drivers have a responsibility to make sure their brake lights are not out so other drivers can tell when they are preparing to stop.

If a driver fails to use or maintain the lights on his vehicle, he could cause an accident. For example, let’s say the brake lights are out on the car in front of you. There’s no way for you to tell when the driver is hitting the brakes, which means it’s very likely that you could rear end his vehicle. Find out who is liable in a rear-end collision.

Taking Too Many Risks

No one wants to get stuck at a red light, but that doesn’t mean you should speed up to try to make it through a yellow light. There may not have been a car in your blind spot when you checked several minutes ago, but that doesn’t mean you should change lanes now without looking one more time. These are two examples of risks that many drivers decide to take, and unfortunately they often lead to serious car accidents. Driving is dangerous enough on its own, so drivers shouldn’t make it more dangerous by taking too many risks while behind the wheel.


It’s important to leave plenty of space between your vehicle and the vehicle in front of you on the road so you have time to brake in the event of an emergency. Sadly, many drivers do not understand the dangers of driving too closely to other vehicles. As a result, a great deal of car accidents are caused by tailgating.

If you are injured in a car accident, don’t hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will immediately begin investigating to determine if the other driver was at fault for the accident. 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.

Denver Personal Injury Attorney Explains the Different Types of Truck Accidents

November 29, 2017

Trucks play an important role in our economy, but they also pose a risk to other drivers on the road. According to Denver personal injury attorney Mark A. Simon, even a minor fender bender involving a truck could lead to serious or fatal injuries. To protect yourself, it’s important to learn about the different types of truck accidents that could occur on the road.


One of the most common types of truck accidents is the jackknife collision. This occurs when the driver of the truck slams on his brakes too quickly. Slamming on the brakes causes the truck’s trailer to turn outwards and create a 90-degree angle with the front cabin of the truck. When this happens, any vehicles that are next to the truck are in danger of being hit by the trailer, which can whip around in a matter of seconds. Learn more about a jackknife or brake accident.


There are several different ways that a rollover accident can occur. First, if the cargo is not loaded correctly on the back of the truck, the uneven weight distribution could cause the truck to roll over when the driver attempts to turn. A rollover accident can also be caused by worn down or defective tires that are unable to grip the road and keep the truck upright. Regardless of the cause, these accidents are very dangerous. Anyone who is driving alongside the truck only has a few moments to get out of the way before the trailer crashes on top of them.

Rear End

If a car rear ends another vehicle, it’s possible that both drivers will walk away with only minor injuries. However, this is not the case when a truck rear ends a car. Because of the difference in weight and size between the truck and the car, even a minor rear end accident could lead to serious injuries.

It can be difficult to prevent a rear end collision since you cannot control what the truck driver is doing. But, there is something you can do to protect yourself. If there is a truck driving behind you, make sure to leave plenty of space between your vehicle and the truck. If you cannot see the truck’s headlights in your rear view mirror, then you are too close to the truck. Either move to another lane or speed up to create more space.

Tire Blowout

A truck weighs tens of thousands of pounds, which is a lot for the tires to carry. If the tires are not properly maintained or if they are defective, they could blow out while the truck is in motion. This causes the driver to completely lose control of the truck, which puts everyone in grave danger.

If you are injured in a truck accident, don’t hesitate to seek legal representation from an experienced personal injury attorney. Mark A. Simon will immediately begin investigating the cause of the accident to determine 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.