Denver Personal Injury News

Denver Personal Injury Attorney Discusses How Pre-Existing Conditions May Affect Your Case

June 28, 2017

If you have been injured in a car crash, slip and fall, or any other type of accident, the at-fault party’s insurance company may try to say that your injuries did not occur in the accident. The insurance company may attempt to prove that you had a pre-existing condition, which may affect your ability to recover compensation. What is a pre-existing condition? Denver personal injury attorney Mark Simon explains everything you need to know:

Two Types of Pre-Existing Conditions

There are two types of pre-existing conditions. The first type is a physical condition that you had prior to the accident that you may or may not have already been diagnosed with. Examples of this type of pre-existing condition include arthritis or degenerative joint disease. Many victims may be aware that they have these conditions, but others may not be told they have these conditions until they seek medical treatment after an accident.
The second type of pre-existing condition is an old injury that has been hurt again in the recent accident. For example, let’s say you hurt your back two years ago while playing with your children. You went to the doctor and treated the injury with medication and physical therapy. After you received treatment, you no longer experienced any pain or discomfort. Then, you were involved in a car accident, and you began to experience pain in the same area of your body that you had injured before. Because you have reinjured the same spot, the insurance company may say this is a pre-existing condition.

How Pre-Existing Conditions Affect Personal Injury Claims

A pre-existing condition could affect your ability to recover compensation from the at-fault party’s insurance company. But, insurance companies must be able to prove that the accident did not make your pre-existing condition worse or cause any new symptoms to appear in order to deny your claim. Learn how pre-existing injuries affect injury claims.
In most cases, it is up to medical professionals to determine when injuries occurred and whether pre-existing conditions have become more severe as a result of an accident. This can usually be done by analyzing MRIs, cat scans, or lab work, but sometimes the doctor will have to base his decision based on observations alone.
It’s important that you are upfront and honest about your pre-existing conditions. Don’t hide the fact that you were previously injured from an insurance company. Eventually, the insurance company will find out about your pre-existing injuries and use the fact that you hid this information to prove that you are being dishonest about your claim. Speak to a personal injury attorney to discuss when and how you should bring up your pre-existing conditions.
If you have any questions about your pre-existing condition and how it will affect your personal injury case, personal injury attorney Mark A. Simon can help. If you have been injured because of someone else’s negligence, call us at 303-321-4878 or contact Mark A. Simon to discuss your right to recover compensation during a free consultation.

Denver Workers’ Compensation Attorney Explains the Most Common Workplace Injuries

June 21, 2017

Thousands of people are killed in the workplace every year, and millions more suffer serious injuries that require emergency medical treatment. Although some fields of work are more dangerous than others, it’s important to remember that workplace injuries can happen to anyone at any time. According to Mark A. Simon, a Denver workers’ compensation attorney, these are the most common workplace injuries:

Repetitive Motion Injuries

Repetitive motion injuries are much less obvious than other injuries because they slowly set in over time. But, just because they are not obvious does not mean that these are minor injuries. Repetitive motion injuries caused by typing or using the same equipment for prolonged periods of time can be incredibly painful and make it difficult for workers to do their jobs. Learn more about the harmful effects of a repetitive motion injury.

Traffic Accidents

Employees who have to travel by car are at risk of getting into traffic accidents. If the accident occurs while the employee is performing the duties of his or her job, then the employee’s injuries are considered workplace injuries.

Machine Entanglement

Employees who work in factories with heavy equipment and machinery are at risk of sustaining machine entanglement injuries. This type of injury occurs when an employee accidentally gets his clothing, jewelry, hair, or even a body part caught in a machine. Depending on the type of machine, this could lead to serious, long-term injuries. It’s important that employers take the time to properly train employees on safety measures that will prevent these injuries from occurring. 

Overexertion Injuries

The most common type of injury that occurs in the workplace is an overexertion injury, which occurs when an employee lifts, carries, pulls, pushes, or holds something that is too heavy. It can also occur when an employee uses the wrong technique to handle these heavy items. For example, employees can sustain overexertion injuries if they choose to use their backs instead of their legs to lift a heavy box.

Slip and Falls

Slip and fall accidents can occur in any type of workplace. These accidents typically happen when an employee slips on a wet floor or trips over an object that is in the employee’s path.

Falling Objects

Employees can also be injured by falling objects such as books or tools. If an employee is hit by a falling object, it’s very likely that he could suffer a head injury, which could require extensive treatment. Employers should do everything in their power to prevent these devastating injuries by clearly labeling areas where debris may fall. This way, employees know to steer clear of these areas or to be more aware of their surroundings if they have to walk through them.  
If you have any questions about whether you are entitled to workers’ compensation after an on-the-job injury, contact attorney Mark A. Simon right away. If you have been injured while at work, call us at 303-321-4878 or contact Mark A. Simon to discuss your right to recover compensation during a free consultation.

Avoid Saying These Things After An Auto Accident in Denver

June 14, 2017

It can be hard to think clearly in the moments following an auto accident in Denver because you may be overwhelmed with shock or fear. But, it’s important to remain calm because the things that you do and say during this time can make or break your personal injury case. If you have been involved in a car accident, be sure to avoid saying these things:

“I’m ok.”

The other drivers or passengers involved in the accident may ask you how you are doing as you exchange information. It’s important to avoid saying things such as “I’m ok” or “I’m fine.” Even if you think the injuries you have sustained are minor, they may get worse over the next few hours or days. But, if you tell someone at the scene that you’re ok, this may complicate your personal injury case and make it harder for you to recover compensation.

“We can handle this without the police.”

Are you in a hurry? The thought of waiting for a police officer to arrive at the scene may tempt you to tell the other parties that you’re fine with not calling the authorities, but don’t do it. It’s important that a police officer comes to the scene so he can learn about what happened, determine who is liable, and put this information in an official police report. This report will play an important role in your personal injury case, and without it, your case could turn into a “he said, she said” argument between you and the other driver. Learn how to file an accident report with the police.

“This is all my fault.”

Do you think that you were partly or completely to blame for the accident? You may be right, but it’s possible that you’re wrong. When you get out of your vehicle to exchange information with the other drivers, do not accept blame for the accident. In fact, you should also steer clear of saying “I’m sorry,” which could be taken to mean “I’m sorry that I caused this problem.” These words could be used against you later on in your personal injury case if you try to recover compensation from the driver that really was at fault.

“Um…I think…”

If the police officer asks you questions regarding the events that led up to the accident, don’t provide an answer unless you know that it’s 100% true. You shouldn’t make statements like “I think I was going the speed limit” or “I think she had she turning signal on.” If you aren’t sure, then tell the police officer that you do not remember. Don’t make up an answer that could turn out to be untrue and make you look like you are hiding something.
If you need more advice on how to handle your car accident case, attorney Mark A. Simon can help. If you have been injured because of someone else’s negligence, call us at 303-321-4878 or contact Mark A. Simon to discuss your rights during a free consultation.

Denver Personal Injury Attorney Explains the Most Common Causes of Wrongful Death

June 7, 2017

Wrongful death claims are civil lawsuits that are filed by the family members of a person who has been killed by another person’s negligence. Unfortunately, many people choose to act recklessly, which means these cases are far too common. Why are there so many wrongful deaths? Here are some of the most common causes according to Denver personal injury attorney Mark A. Simon:

Workplace Accidents

Every employee is at risk of being injured while on the job, especially those who work in high-risk industries such as construction. In fact, the Occupational Safety and Health Administration estimates that over 20% of all worker fatalities occur in the construction industry. See more commonly used statistics related to worker safety.
If a worker’s death is caused by the employer’s or another party’s negligence, the victim’s family may be able to file a wrongful death claim.

Medical Malpractice

Doctors are supposed to care for you and make you feel better, but many times, they do more harm than good. If a doctor, nurse, surgeon, or any other medical professional makes a fatal mistake, the victim’s family could file a wrongful death claim against him or her. Wrongful death caused by medical malpractice can occur due to surgical errors, prescription errors, malfunctioning medical equipment, or misdiagnosis.

Traffic Accidents

Many wrongful deaths occur in tragic traffic accidents involving cars, motorcycles, bicycles, trucks, and pedestrians. These deaths can be caused by drivers who are intoxicated, distracted by an electronic device, or too drowsy to focus. People who are driving recklessly and ignoring traffic laws can also cause fatal accidents. Bicyclists, motorcyclists, and pedestrians are at a higher risk of suffering fatal injuries in an accident because they don’t have the same protection that motorists and truck drivers do. But unfortunately, sometimes even the most technologically advanced safety features inside vehicles are not enough to protect drivers and passengers from fatal injuries.
In all of these cases, the victim’s family has the right to file a wrongful death claim against the negligent driver and any other parties that may be at fault.

Defective Products

Consumers never expect the products that they purchase to harm them, but unfortunately, that’s what happens in some cases. Product designers, manufacturers, distributors, and retailers sometimes make mistakes that lead to dangerous product defects. For example, if there is no warning label that tells consumers of the potential risks of using a product, this is considered to be a defect. Errors during the manufacturing process can also lead to dangerous defects that may cause fatal injuries. If a consumer is killed by a product defect, his family members may be able to recover compensation through a wrongful death claim filed against the at-fault party.
Have you lost a loved one? If you have any questions about your wrongful death claim, attorney Mark A. Simon can help. If you have lost a loved one because of another person’s negligence, call us at 303-321-4878 or contact Mark A. Simon to discuss your rights during a free consultation.

Denver Auto Accident Attorney Explains Common Mistakes That Could Hurt Your Car Accident Claim

May 24, 2017

Unfortunately, people are injured in car accidents caused by negligent drivers everyday. If you’ve been injured in a collision with a negligent driver, it’s important to speak to a Denver auto accident attorney as soon as possible about how you can recover compensation. If you don’t consult with an attorney, you may end up making one of these common mistakes that could hurt your car accident claim:

Failing to seek medical attention after the accident.

One of the first things you should do immediately after a car accident is seek medical attention for your injuries. If you wait a few days before getting treated, the defendant could argue that you did not suffer your injuries in the accident, otherwise you would have received treatment right away. Even if your injuries are minor, you should still go to a doctor so you have a record that shows the symptoms you were experiencing immediately after the accident. This will come in handy if your symptoms worsen over time and turn into something more serious.

Not following a doctor’s instructions.

The doctor that treats your injuries may give you prescription medication, ask you to return for a follow-up visit, or even suggest that you see a specialist. It’s imperative that you follow the doctor’s instructions closely after a car accident. Why? If you don’t, the defendant may argue that you are either faking your injuries or not taking the claim seriously, which will affect your ability to recover compensation.

Talking about the accident on social media.

Any good personal injury attorney will advise you to stay off of social media until you have successfully recovered compensation. This is because anything that you say or post on social media can easily be taken out of context and used against you by the defendant. Even an innocent picture of you smiling with friends could be used as evidence that you are not as injured as you are claiming to be. Because of this, it’s strongly recommended that you take a break from social media if you have filed a personal injury claim. Could social media impact your personal injury claim?

Not getting a police report.

Call 9-1-1 immediately after a car accident. If no one is seriously injured, ask the dispatcher to send a police offer to the scene of the accident so he can write up a report. A police report is a great piece of evidence to have in a car accident claim, so don’t skip over this step if you’re in a hurry and eager to leave the scene. The report often contains information on who was at fault, what witnesses saw, and what damage the officer observed. If you have all of this information documented in an official police report, it is much easier to negotiate with the at-fault driver’s insurance company.  

If you have any questions about your car accident claim, attorney Mark A. Simon can help. If you have been injured because of another driver’s negligence, call us at 303-321-4878 or contact Mark A. Simon to discuss your rights during a free consultation.