Denver Personal Injury News

Causes for Denver Workman’s’ Compensation Personal Total Disability Benefits


July 18, 2018

In certain unfortunate circumstances or poor work conditions, an injury or illness can leave a person unable to work. Upon being examined by a doctor, under their recommendation, you may be eligible for personal total disability benefits under Denver workman’s compensation. As an employee, it is important for you to know your rights.

What is Personal Total Disability

An employee that has been hurt on the job, or sustained a job-related illness, and is no longer able to work may be able to receive personal total disability benefits. This is the most extreme of workers’ compensation benefits and must go through several steps to prove the situation. Because it requires so much review, it is one of the hardest types of disability to receive.

Based on the Colorado Department of Labor and Employment’s disability and benefits, permanent total disability benefits are set on two-thirds of a person’s weekly pay. This amount is based on the existing pay during the time of the person’s accident. If approved, the amount will be paid to a person for the rest of their life.  

Common Causes

There are quite a few job responsibilities or professions that are more prone to a person receiving personal total disability benefits. Some of these include:
  • Auto accidents
  • Dangerous slips and falls
  • Equipment malfunction leading to loss of limbs
  • Respiratory issues
  • Loss of vision or hearing
  • Heart failure
Ultimately, if you have sustained an injury or illness that leaves you permanently unable to work in any profession, you have a case to discuss.

How the Process Works

In order to see if you qualify for personal total disability benefits, you will need to be thoroughly checked out by a doctor. They have an assessment to review under the insurance. If will be able to work again in a different capacity, you may instead be eligible for partial disability benefits. For partial benefits, there is a specific set of guidelines that calculate the amount. You can speak with your local attorney on how the process works and best guidelines for your individual situation. In certain situations, you may be paid a lump sum of money as opposed to weekly pay. For total disability, you will be paid weekly or bi-weekly. You can discuss with your attorney if a settlement is possible for your claim as well. There are many cases of permanent total disability benefits, as well as arguments that can be made against it. This is why it is best to know who your go-to attorney is that can help you fight for your case, so you can have the best quality of life as possible.

If you have been injured on the job or have an illness that has made it impossible for you to work, Mark A. Simon is your premier workers’ compensation attorney. With more than two decades in this profession, he is the top person for the job that will work with you to ensure you receive the benefits you deserve. Call our office today at 303-321-HURT for your free consultation.
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Key Issues That Impact Your Personal Injury Case from a Denver Attorney


July 11, 2018

If you’ve been injured due to the fault of another party, whether that is another individual or an organization, it’s important to understand all of the things that can impact and determine the outcome of your case. Personal injury law can require the other party to pay the injured party whatever is owed in terms of financial compensation. It is is critical to understand what is at stake and what ultimately will be the determining factor in deciding the outcome of your case.

 
Common Personal Injury Claims

 
Before we get into the things that will ultimately determine the outcome of your case, let’s briefly go over the most common personal injury claims that occur. Becoming familiar with other types of personal injury claims can help to understand the types of injuries that are in line with personal injury law and can shed light on what falls under the personal injury spectrum.
 
In terms of the most common cases related to personal injury law, injuries that result from car accidents are the most frequent variety in the United States. Very often, these incidents are the result of a careless or reckless driver and in these cases the driver can be held financially responsible for injuries that are the result of their personal negligence.
 
Another very type of personal injury claim that is frequently filed is that of medical malpractice. This is when a person is injured due to a healthcare professional providing faulty or inadequate treatment, resulting in the patient experiencing an injury. Healthcare personal injury cases occur quite often and as the injured party, it’s always important to have as much documentation and evidence as possible, as healthcare professionals are prepared to fight these cases as firmly as possible.
 
Personal injury claims run a wide range of injuries and can be the result of an on-the-job injury, whether it is due to slipping and falling or the result of unsafe working conditions. Accidents that occur at home also fall under personal injury law, as a person may need to file a claim with their insurance in order to receive compensation even if there wasn’t necessarily a negligent party involved.
 

Damages

 
Damages refer to the ways in which you have personally experienced specific losses and hardships due to a defendant’s breach of their duty. In order to provide justice, the court will determine the adequate amount of compensation necessary to restore you to the state you were in prior to your injury. This will means money for your medical bills, emotional pain and suffering, as well as money for lost wages and any other factor that you have undergone through the injury process.
 
In terms of damages, there are typically two different kinds. The first is compensatory damages, which refers to the economic losses and other factors that require some sore of monetary and economic remediation. The second type of damage is that of punitive damages, which refers to money that a defendant is required to pay as a way to punish the defendant. This differs from compensatory damages in that it isn’t related to the amount they are required to pay to make up for incurred losses by the plaintiff, and instead are a purely punitive measure. Punitive damages are much more rare in personal injury cases and these types of cases will typically involve only compensatory damages.

 
Personal Injury Liability

With regards to personal injury law, liability applies to one party’s legal obligation to pay for another party’s incurred damages. Liability is one of the most critical aspects of any personal injury case, as it relates to who is responsible to pay for incurred damages. It’s important to be able to prove who is at fault for the particular situation, as it will ultimately determine the outcome of the case.

In order to determine who is liable in a personal injury claim, there are a few things you will have to prove. First, you have to prove that the specific defendant owed you a duty of care. Duty of care is defined as the defendant’s legal responsibility to act and behave responsibly. Your duty of care will be determined in relation to what is required for a given situation. For instance, if your case involves a driver, you will have to prove that a driver was driving irresponsibly and was operated their vehicle in an unsafe manner. Similarly, a doctor will have a certain set of procedures and rules to follow in order to prove they are upholding their duty of care.
 
In a personal injury case, you will also need to establish that the defendant breached their duty of care. If a person has breached the duty of care, it is important for you, as the plaintiff, to collect and gather as much evidence as possible proving that the defendant breached their duty of care. This can include testimony by relevant experts, documents, photographs, and any other piece of evidence that can prove your case.
 
Finally, you will need to prove that you actually suffered the injuries that you are claiming are the result of the defendant’s breach of their duty of care. You will want to provide medical records and any kind of evidence that shows the extent of your injury and that this injury was sustained through the specific means through which your lawsuit alleges. If all of these things are in order and sufficiently provable, you will be able to provide enough information to support your liability claims.
 
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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Reasons You May Need a Lawyer for Your Auto Injury


July 4, 2018

In a perfect world, after sustaining injuries in an accident that was not your fault, your insurance will take care of you. However, this is not always the case. You may be dealing with a headache due to your accident while simultaneously be dealing with a headache due to insurance. If you find yourself having a hard time getting the insurance company to cover your medical claims, or feel you have been wronged, it is time to consider speaking with a premier attorney to review your auto injury case. Not only will they help you as you handle your issues, but they can fight for you to help you get back to your normal quality of life.
 

Leading Causes of Accidents in Colorado


There are more than 50 million car accidents on American roads each year. Sadly, this means that there are several thousands of fatalities, as well as millions of injuries. In Colorado, it is important to stay focused while driving, especially while on the state’s steep, winding roads. Some of the leading causes of accidents in Colorado include:
 
● High speeds: Those who do not follow posted speed limits face life-changing consequences to both them and those they share the road with. Often times there are tight curves to go around or stretches that require lower speeds. Just as important—many drivers do not drive three seconds behind the person in front of them. This can lead to getting rear-ended more easily.
● Texting and distractions: Both teens and adults are guilty of texting or distracted driving. Everything can change in just one second. Also, in one second, a driver can flip through radio stations, or try to start their GPS as they try to determine the best way to get to their destination. In other cases, a cell phone may ring, or a person might be trying to scarf down a meal on their way to work or an event. When driving, one’s focus needs to be at 100 percent, using techniques from the DMV’s defensive driving 101.
● Under the influence: Just one drink can lead to a person crashing into someone else. This goes the same for drugs. As a driver, not only should you know your limits, but you should know that driving after any consumption of drugs or alcohol is never okay. Not only does it endanger you and those in your vehicle, but others out on the road. In Colorado, a DWAI charge can occur if a person has a 0.05 blood alcohol content rating in their system. For marijuana, it is five nanograms of THC. However, just because you are under these limits does not mean you are safe to drive. Avoid it at all costs.
 

Most Common Types of Injuries

When in an accident, many things can happen. It is very common for a person to endure cuts to the body because of objects projected out of their position. This also includes glass. For instance, there may be toys in a backseat, or a cell phone or other mounted items in the front. Depending on the rate of speed you were going, they can hit you at a force that leads to bruising or piercing of the skin. Also, various parts of your body may hit parts of the car also leading to cuts. This also accounts for the shattering of glass windows and windshields.
 
The head is one of the most common places that sustain injuries after an accident. During and after an unexpected impact with another car, a person’s head can move quickly in a way that is not normal. Injuries can be even worse if you know the accident is coming and you tense up. This can cause problems in the neck too—especially whiplash. If a person hits their head on any part of the car, it can lead to a concussion as well. Your doctor will be able to tell you if you sustained a concussion, so it is important to see one even if you feel the accident was minor.
 
The limbs are also susceptible to extensive injuries after an accident. You may break an arm or leg holding yourself in a position to brace the impact. Or, the impact can be so hard-hitting that an arm or leg is scraped or broken. Depending on the force and motions it caused you to have, you can experience a variety of strains and sprains from a wreck.
 

Hospital Bills

Upon going to a hospital after a car accident, the bills will come in the mail down the road. It is crucial to keep every single document that you receive. When working with your insurance, they will request to have the bills submitted. It is a best practice for you to make copies of every document prior to sending out any originals.
 
After visiting a hospital after an accident, the bills will come shortly after. You may have bills for each different area, or other areas, such as a bill for being checked out, a bill covering time assistants provided care or assistance, ambulance ride, labs, testing, and more. It may all seem confusing, especially when your insurance is not covering what they should. 
 

Do You Need a Lawyer?
 

If you have been in an accident, and are experiencing issues having your medical covered, getting a lawyer may be your best option. Hospital bills can be thousands of dollars—or more. When you are trying to treat your injuries and get back into premier health, it is frustrating to feel punished for something that was not your fault. This also applies when you feel your settlement for your vehicle is not far either. When you work with a top, local lawyer, they will work hard to get your medical bills paid and a fair amount for your car.
 
Have you been in an auto accident in Denver? Know the laws and steps to take. Next, make sure you keep go-to Denver attorney Mark A. Simon in your phone, so you can call about any problems you have in the days after the accident. Within a few weeks to a month, you will begin to see any warning signs that your insurance company will not fairly treat your claim. Call 303-321-HURT to discuss your claim and see what options to have to settle your case.

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What to Do If Your Insurance Company Will Not Cover Your Denver Auto Injury


June 27, 2018

It is unfortunate that in some cases, after paying for full coverage auto insurance for years, your insurance company may not cover you. It is frustrating when this happens when you need it the most in the event of an accident that is not your fault. It is added uncertainty to a stressful situation. However, you are not out of options if your insurance company comes back with a low offer or no offer at all. You can consult with a local attorney to review your Denver auto injury with you. Learn about the insurance process, ins and outs of claims, and what to do if your insurance company will not cover what you need.

Understanding Your Car Insurance Policy

One of the best ways to be proactive as a consumer is to understand your car insurance policy. This will help you understand what to look for and ask about in the event you or a member on your policy is in a wreck. Here are a few key terms to know:
 
  • Collision coverage: This type of coverage will cover the damage done to the exterior of the vehicle it is hit or was hit by another car, object, etc.
  • Comprehensive coverage: When a car is damaged by outside elements, whether it be weather, theft, etc., comprehensive coverage will pay for that
  • Property damage liability: If you damage a piece of property in an accident, such as a fixture in someone’s yard, this will cover it
  • Bodily injury liability: This type of coverage will cover you if you cause bodily injury to people injured in an accident by you
  • Uninsured motorist coverage: While auto insurance is required in the state in Colorado for all motorists, there are some people that break the rules. If you are in an accident with an uninsured driver, or encounter a hit-and-run situation, this type of coverage will help
  • Personal Injury Protection: If anyone in your vehicle is injured, it will cover medical expenses, wages lost due time off work, and more

From here, each of the amounts is different. Make sure you understand your insurance policy in the event you are in a wreck.

Types of Damages from Auto Accidents

Upon being in an accident, there are actually several types of “damages” that must be covered. Damages are all various situations that occur due to the accident. These include:
  • Medical expenses: Bills associated with the accident
  • Rental: While you are finalizing your claim with your insurance agent, a rental is typically written into a policy to help a person have transportation
  • Lost wages: When a person has missed a long period of work, lost wages can be paid to make up for the income that is no longer coming in
  • Pain and suffering: Each situation with pain and suffering is different, and can entail additional issues or experiences one experiences upon being in an accident
In Colorado, there is a three-year statute of limitations. This means you can consult with a lawyer at any time within the three years if you have issues with your case.

Overview on Handling of Claims

If you are in an accident, there are a few things to do when reporting your claim. First and foremost, if police were not on the scene, be sure to file a police report. You can easily report an accident through the Colorado official state website. Next, contact your insurance company. In many cases when all goes as should, they will help walk you through the necessary steps to get your claim started, set you up with a rental, and more.

From there, your insurance company will send a claims adjuster to review your vehicle. During this, they will assess the situation and all angles. They will receive all the documentation, fully review what happened, who is at fault and go from there.

They will then share with you the amount of money you will be compensated due to your losses from the accident. Your plan may also allow you to receive additional benefits as well. This is why it is crucial to review and understand your policy to be proactive.


Colorado’s Tort Auto Insurance System

In 2003, Colorado followed suit with several other states to change their insurance system from a “no-fault” system to a “tort” system. No-fault insurance systems anyone in an accident, regardless of fault, could use personal injury protection within their own car insurance policy. This meant that all medical expenses were covered for a person, even if the accident was their fault. The no-fault system was costly to drivers, which led the state to opt for the tort insurance system instead.

With a tort insurance system, a person injured in an accident is required to file medical expenses through the coverage of the person at fault. They will work with the party’s insurance company to file their claim.

Next Steps if Insurance Doesn’t Cover Claim

Even when you do everything right, and an accident is not your fault, sometimes insurance will not cover everything. In some situations, this is true, but others, you are entitled to your money, benefits, and more. It can feel overwhelming, especially when you are providing all of the right documentation in a timely manner. While you have three years to handle a claim with Colorado’s statute of limitations, ideally, the sooner you can handle the situation, the better. If you feel your claim is not going anywhere, contact a premier attorney.

If you feel you are struggling with your accident claim and are not getting the benefits you are entitled to, Mark A. Simon is your top Denver attorney to get the job done. As your go-to expert in this field, Mark will fight for you. If you are wondering when should you contact a Denver auto accident attorney, it is definitely time to make the call! With years of experience serving the Denver community, Mark will help relieve the stress caused by dealing with your claim—helping to restore your quality of life and peace. To get started, you can get a free consultation by calling 303-321-HURT.
 
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Common Workers Compensation Mistakes to Avoid from an Attorney in Denver


June 20, 2018

If you’ve been injured on the job and qualify for workers compensation, you will want to make sure that you do everything necessary in order to secure your much needed benefits package. There are a few things that can happen in the course of a workers compensation case that can seriously set back your case, and potentially cause you to delay or lose your benefits altogether. In order to be sure that you’re absolutely prepared to correctly file your case, here are a few of the things you should definitely avoid from your local workers compensation attorney in Denver.

My Employer Will File All of the Required Paperwork

In a workers compensation case, there are a few things that an employer is required to do in accordance with the law. While an employer must file a form 19 report, an employee must also follow through with their requirements in the case. This means that an injured employee needs to file their own notice to both the employer as well as a form 18 to the local Industrial commission. You cannot rely on your employer to do everything for you and it is important to make sure all necessary documents are filed.

Filing Your Workers Compensation Claim Late

In order to ensure that you receive your much-needed benefits package, it is absolutely critical that you file your claim within the necessary timeline. In order to avoid any possible mistakes or errors along the way, whether it be through paperwork not making it to the necessary parties, it is always a great idea to give yourself plenty of leeway and file your claim as soon as possible. This means you must report the injury to your employer as soon as it happens. In Colorado, you must report your injury to an employer within 4 days of the injury occurring.

Medical Record Discrepancies

One of the most common reasons why a person’s workers compensation claim is rejected is  because they have injuries that do not match their employers recounting of events. For example, if a person falls off a ladder at work and reports to their supervisor that they hurt their back and then goes to the doctor and instead reports that their leg is what is hurting them, this can negatively impact their legal case. Generally, insurers will view this as a red flag and may be suspicious and can even deny an individual’s claim if they believe the person is making a fraudulent claim. Avoid this possibility by being honest throughout the entire process and explain any discrepancies to the necessary parties.

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.
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