Denver Personal Injury News

How You Can Start Recovering From a Personal Injury in Denver

December 5, 2018

Recovering from a personal injury in Denver can be an extensive process that takes both time and money, which you might not necessarily have. To begin your recovery process from a personal injury, below is a complete guide, from determining if your injury is qualified for a personal injury claim to the full recovery process, including talking to a personal injury attorney in Denver. Get started on your recovery below, beginning with the different kinds of personal injuries you can sustain.  

Different Kinds of Personal Injuries

There are a variety of different kinds of personal injuries, which can affect both your mind and body. Although most of these injuries occur from a business to a person, they can also happen person to person as well. An example of a personal injury includes slipping and falling inside of a retail store, which can damage your back. This is one of the most common personal injury claims and is more likely to occur this upcoming winter season. However, you should speak to your health insurance provider to determine if your injury is eligible for your claim and what kind of coverages you have at your disposal.  

Your Recovery Process Following a Personal Injury

Unfortunately, the recovery process following a personal injury isn’t short and requires a lot of work on your end. However, with help from the steps below, you’ll have an easier time acknowledging these steps, so you can get a head start filing your personal injury claim and recovering from your accident with a medical specialist. Here is the full process for recovering from a personal injury, starting with contacting your health insurance provider. 

Contact Your Health Insurance Provider

As soon as you sustain a personal injury, you should contact your health insurance provider. Since the accident will be fresh in your mind, explain how you got your injury (whether from a person or a business) and send over any pictures you may have taken from the scene of your accident, as well as your actual injury. Although you may have to sit through some initial questioning from your insurance provider, they’re just collecting as much information as possible to set up a substantial claim that will ensure you get the correct settlement from the other party’s insurance provider. 

Meet With Your Doctor

Following the discussion with your health insurance provider, you should set up an appointment with your doctor. During this appointment, your doctor can treat your injury and refer you to a specialist if need be. Keep in mind that they may need to x-ray your injury and prescribe you antibiotics to combat pain and inflammation. After meeting with your doctor, you should take advantage of their referral to a specialist and get a few of your own. 

Get Referrals to a Specialist

Everyone has different kinds of personal injuries, but yours may require meeting with a medical specialist if you need surgery or physical therapy. Although your doctor may directly refer you to a local specialist, it’s important to do plenty of research on your own. After all, there’s no harm in having backup options in case the specialist your doctor referred you to doesn’t work out. You should also contact your health insurance provider when researching referrals to ensure you’re looking at specialists that will accept your health insurance plan. You don’t necessarily want to be paying for these costs out-of-pocket!

Talk to a Personal Injury Attorney in Denver

Once you begin treatment for your injury, you can start talking to a personal injury attorney in Denver. This licensed professional will help you every step of the legal process when filing your personal injury claim and getting the right compensation for medical costs. Overall, a personal injury attorney will be able to streamline the legal path to your settlement, so that you can focus on your treatment and get back on your feet. When looking for personal injury attorneys in Denver, just like a local medical specialist, do plenty of research on your own. Feel free to take your time to ensure you hire the right person for the job, even if it takes a few weeks to do so. 

Begin Your Personal Injury Claim

Now that you’ve hired a personal injury attorney in Denver, you can finally begin your personal injury claim. Fortunately, your attorney can use the same information you gave your health insurance provider in the first step of this process, but you may have to answer some additional questioning. However, with help from your attorney, they’ll be able to handle the bulk of the work, while you focus on recovering from your injury. If a court date needs to be made, your attorney will ensure the necessary paperwork is filed and that you are well prepared for any court proceedings.  

How You Can Prevent a Future Personal Injury

The process for recovering from a personal injury in Denver can be long and burdensome. This is why it’s important you remember that a personal injury can be avoided, in some cases. To prevent future personal injuries, make sure you stay safe in stores and wear necessary footwear to prevent slipping and injuring your body. Also, keep your distance from people that look aggressive or can harm you, since they very well might. Although not every personal injury can be avoided, you can take some preventative measures for the future to prevent the lengthy recovery process and the hefty price tag that accompanies injury recovery.  

It’s a long and enduring process to recover from a personal injury in Denver, mainly depending on the extent of your injuries. However, with help from this guide, you should have a reasonably easy time contacting your health insurance provider, beginning your treatment plan, and getting a fair resolution from a trusted personal injury lawyer in the Denver area. Although it can feel intimidating to undergo this process, you’ll soon be compensated for the injury you sustained and can start taking preventative measures in the future to avoid it ever happening again. To get started, please reach out to Mark A. Simon today at (303) 321-4878 for a free in-personal consultation and begin the legal process for your personal injury. 

Getting Help from Your Local Denver Personal Injury Attorney on Asbestos and Mesothelioma Case

November 21, 2018

As you watch daytime television, you may have come across commercials about mesothelioma cases. What many don’t realize is they may actually be entitled to settlements due to exposure to asbestos decades ago, that has led to health problems today. It is important to learn about the dangers of asbestos in work environments, older homes, and other areas. You may need to get in touch with a local Denver personal injury attorney to help you navigate a potential claim. 

What is Asbestos? 

Asbestos is a mineral that dates back all the way to almost one million years old! Before we knew negative impacts this mineral has on the body, it was used in a variety of different ways due to its durable quality. It was commonly used for insulation with a reduced chance of catching fire or becoming damaged by chemicals. What was once something used as a safety measure sadly became something that was so dangerous and deadly. Asbestos really took off in the Industrial Revolution during the late 19th century. While it was beneficial in many ways, more and more workers were getting sicker and sicker 10 to 30 years after working in a facility that used this mineral. 

Inside Look into Mesothelioma

It was not for a few decades before people realized asbestos was causing health issues. And it wasn’t until the 1970s when sicknesses became so rampant across America, leading to a rise in cancer rates. All of these people were becoming sick with mesothelioma—and it was all because of asbestos. Mesothelioma is a form of cancer that develops over the lungs, heart and other internal organs. It is incredibly aggressive and usually occurs after a person is exposed to asbestos. Once the fibers are inhaled, they will coat various internal organs—wreaking havoc. Mesothelioma does not pop up right away, either. It can take decades to appear after exposure. 

Personal Injury Claims

One of the tricky things about asbestos and mesothelioma is this duration of time it can take before a person realized there is a problem. This extends the statute of limitations in this particular instance to make a personal injury claim through a premier lawyer. This is all thanks to the 1973 ruling in “Borel vs. Fibreboard Paper Products” which pushed the statute of limitations to when signs of a health issue were first discovered. This removes the latency period when a person may not realize they have been negatively impacted by asbestos exposure. In the state of Colorado, residents have a two-year statute of limitations to file a personal injury claim. For those that have passed due to their mesothelioma, a wrongful death claim can be filed up to two years later. 

If you suffer from mesothelioma due to asbestos exposure, Mark A. Simon is your go-to attorney in the Denver area. Wondering the reasons to hire a Denver personal injury attorney for your case? Our law office will help you learn about your top options from asbestos exposure, so you can make the best of your situation. Call and make your appointment today at 303-321-HURT. 

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.

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. 

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.