Denver Personal Injury News

Your options after being injured in a drunk driving accident, from your Denver attorney


June 19, 2019

When it comes to drunk driving - don’t do it. If you have been drinking be sure to take a ride-sharing service, have a designated driver, or make alternative ride/lodging options. If you have taken every precaution to stay safe, and are hit by a drunk driver it can be an unsettling experience. Being hit by a drunk driver can cause even more issues - such as aches, pains, and for the worst of accidents long-lasting injuries that can hinder your ability to function to your full potential. But no matter what, you do have some options. Let’s dive into your options, and what they mean for you.

Insurance Claims
No matter what, start with an insurance claim. Sometimes starting with an insurance claim with the driver who hit you might be the best place to start. Almost all states require drivers to carry a certain level of insurance, and most drivers carry more than that - including coverage for if they have hit another. By starting with the insurance claims, be sure to make it clear you have full intention of seeking complete damages and compensations. Insurance companies might be able to offer far more than you’d expect. By starting with an insurance claim you can also avoid costly court fees and an often times drawn out process.

DUI Convictions
Make sure you find out if there has been a DUI conviction associated with the car accident. If the person who hit you was also convicted of a DUI, in relation to that same accident, you definitely have a case. Insurance companies understand what a DUI could mean for someone who goes to trial. While it doesn’t look good for the insurance companies this could mean a big payout for you. Possibly more than the insurance company would pay you. Be sure to look in to this.

When looking to sue someone over a drunk driving accident, your attorney will prepare a settlement outlining what you are entitled for - including for injuries, losses, and damages. This might include: 
  • Personal property - such as your car or any possessions that you might have lost in the car accident
  • Medical bills - including any type of therapy and physical therapy you will have to participate in post-accident
  • Loss of wages or any wages you might lose in the future due to injuries related to the accident
  • Any compensation from permanent disabilities, scarring, or injuries that will have life-long impact
  • Payment for any mental anguish you might be feeling post-accident
  • Out of pocket expenses related to the accident
  • Punitive damages 

Unfortunately, when you go to court the driver being drunk isn’t enough for a conviction. You have to prove the driver is at fault - it’s possible that the insurance company can fight your suit if you are unable to prove the drunk driver is at fault. 

“No Fault State Laws”
Does your state have a “no fault,” state law? In 2003 Colorado changed from a “no fault,” state law, to an “at fault,” law. So if you currently live in Colorado this won’t apply to you. If you are living in an “no fault,” state, you will have to turn over all of your medical bill costs to your own insurance company to have them take care of your injury. This is less than ideal for obvious reasons, but it also means that you won’t be able to sue the person that hit you.

In the future, if you are hit by a drunk driver it’s important to do the following - it’ll help put you in the best possible situation for receiving a positive outcome.
Call the police - be ready with your insurance information, and all that you can share about what happened. If you don’t call the police you are risking a weak case, but also are allowing a drunk driver to get back behind the wheel of a car which can endanger others. 
Make sure the police are documenting everything so that you can get a police report - a police report will be essential in moving forward.
Get as much information at the scene as you are able to. This includes witness statements, photographs, the personal information of the driver who hit you, as well as any information you can obtain from the police.
As soon as you are able to, seek medical treatment at the nearest hospital. Don’t wait to get the help you need, and waiting may make your case look a little strong. Also, you might not think you need help right away, but aches and pains after the crash can cause more issues than you were ready for. Never refuse medical treatment - even if you think you are okay.

Denver workers’ compensation attorney Mark A. Simon will work on the injured employee’s behalf to ensure the worker receives full benefits related to rehabilitation, wage loss, and final settlement. If you have been injured on the job, call (303) 321-4878 to schedule a consultation. 
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The Best Advice if You've Been Injured in an Accident From Your Denver Personal Injury Attorney


June 12, 2019

Getting injured in an accident, whether its on a private property or in an automobile accident, can be a traumatic and painful experience to endure. Not only are you dealing with the physical scars of the incident, but there are also mental and emotional wounds to have to deal with. Once you have a moment to begin to think about the next steps, you will want to also keep in mind the legal ramifications of your actions, as it may end up affecting your case down the road. With that in mind, here’s what you should think about doing from your Denver personal injury attorney

Be Cautious, Be Vigilant, Advocate For Yourself

When it comes to the ramifications of your actions following a serious accident, it’s always a good idea to be safe and be vigilant about what you do. Things you wouldn’t think about may be used against you in a court of law, as an insurance company will use anything they can to fight the outcome of your case. This means if you are seen in public being overly active or doing something that can build their case against you, you should remain cautious about doing such things. 

In terms of how your case is handled, it’s also a very good idea to be the best advocate for yourself. Dealing with insurance companies, law firms, doctors, and other professionals can become a head spinning experience, and it’s a good idea to keep in mind that you will ultimately have to be your own advocate in order to receive the best possible care you can. 

Speak to A Qualified Attorney as Soon as You Can

When it comes to handling insurance companies, many individuals are tempted to simply go it alone in their fight against a major institution. Yet, this course of action is not necessarily the most wise course, as you will likely become overwhelmed with having to deal with the legal system. Fair or not, the legal system is not built to be accessible for anyone to serve themselves, and it’s almost always a good idea to hire someone who can help you deal with this type of situation. 

Your situation is hard and difficult enough on its own, why should you also have to take on the stressful task of defending yourself in court? Seriously consider speaking with someone as soon as you can to avoid the situation where you say or do things that can eventually come back to harm you once your case goes to court.

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.
 
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How to Make Sure Your Case is a Success From Your Denver Personal Injury Attorney


May 16, 2019

If you’ve hired a lawyer for your personal injury case, you’re clearly committed to the legal outcome that you desire. Individuals seeking restitution for an accident often seek the help of a trusted attorney who can help guide them towards the outcome they seek, as they will be able to offer expert advice in arenas which are usually murky, confusing, and unfamiliar places for the large majority of the population. In order to reach the victory one seeks for their particular case, it is important to ensure you take all of the proper steps from start to finish, as one mistake can seriously harm the outcome of your case. In order to make sure that your case is a success, here are some tips from your local Denver personal injury attorney.

Build the Case

In order to achieve the desired outcome for your case, you will want to take every step to ensure your success. One of the most important parts of this puzzle is to build a strong case for you and your attorney to take into court. In order to do this, you will want to remember how important documentation is with regards to your case. You will want to make sure you document every possible thing you receive that has any relationship to your case. 

Receipts for travel, food, and other important items should be kept. Doctor’s appointment notes, police reports, eyewitness testimony, and any other thing which can help your case should be saved and filed for ease of access. It can be easy to overlook saving every possible receipt, especially early on in your case. But the importance of saving every piece of documentation you can will make it much easier for your attorney to build a sound case. This also means preserving any evidence you have related to the case, which can include pictures of your incident, the clothes you were wearing, and other factors which can confirm the validity of your case.

Preserve the Evidence

If you were injured in a car accident or another personal injury situation, you will want to do everything you can to preserve the evidence. Don’t just assume that medical personnel on site will take photos for you; instead, have your friends or anyone you can to take pictures and send them to you, as you will want to have as much ammo as possible to support your case. If there’s a police report, you will definitely want to have it sent to you in order to help out with the outcome of your case. 

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.
 
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Staying safe on the roadways


May 9, 2019

According to the National Safety Council, there is an estimated 40,000 roadway deaths per year. If you drive for your line of work, there are somethings that you can do to help prevent injury while on the job, as well as strengthen your case if you are injured on the job. If you are injured, reach out to your personal Denver injury attorney. With that in mind, here are some of our tips to driving safely, and strengthen your case if you are injured.

Safe driving tips might be common sense to most, but if you aren’t following any of the below you might not have a case if something happens while you are working. You should always stay safe while driving, but when behind the wheel we do have some general recommendations that seem to be forgotten.

Obey all speed limits and signs
While this is a common one, it is also one that we seen is consistently disobeyed. When driving for work always abide by speed limits and be careful when obeying traffic symbols and signs. If you disregard speed limits or signs, your employer could cite this as the cause for an accident and avoid any liability. 

Never drive under the influence
Driving under the influence of alcohol or illegal drugs is never a good idea and it is of course illegal. While driving in general, you should never drive under the influence. Another thing to consider is if you are on any medications. Check with a doctor before taking prescription medication, if your medication is going to cause drowsiness you should avoid taking it while on the job.

Safety First
Always wear your seatbelt while driving, and before driving do a safety check. Are all your mirrors in the right place, are there air in your tires? While these are basic, you’ll need to make sure you abide by all of these to ensure that you are not only safe, but if something does happen you’ll be legally protected as well.

Defensive driving
Defensive driving goes hand in hand with our safety first recommendation. When practicing defensive driving you should always expect the unexpected and be aware of what others are doing around you. Not only will this help keep you safe, but it could lead to you seeing things that might help you in a case. Always keep a 2-second distance between you and the car in front of you, it’ll give you time to react in the instance of an emergency.

Driving alone
This final tip is specifically related to driving for work, and oftentimes your employer will have something documenting this. If your line of work does not require children or others to be present in the car, avoid having others with you. Having others present in the car, especially children, might cause a distraction and keep you from fully focusing on driving. Something you want to avoid if working, or hoping to stay as safe as possible while on the job. Your employer can use having others in the car as evidence of distracted driving in the case of a lawsuit.

If you’ve stayed safe while on the job, abided by all road rules and procedures, but were still in a traffic accident it is possible you could have a case. However, your employer does have legal responsibilities to ensure your safety while you are driving for work and if they’ve failed at any of them you might have a case. When thinking about moving forward with a case, there are some things you should consider. 

Company Policy
Does your employer have a company policy when it comes to driving? If your company does not have a policy, or has failed to communicate that policy effectively you might have a case. Companies should communicate safety rules and regulations consistently, efficiently, and often with employees. Company policies should include safe driving rules/regulations, policies in case you are in an accident, and helpful contact information. This is not a complete and exhaustive list of everything that should be included, but it is a good starting point.

Check Company History 
Does your employer have a history of employee accidents? Check to see how many accidents your company’s employees have had, and have any of them filed suit. If you discover many employees have filed suit against your company, and won, you should each out to a Denver personal injury attorney. 

What Were You Doing? 
What were you doing at the time of the accident? Be honest with yourself on this one. If you were texting and driving you are not going to win a case. If you were safely driving and something still happens you might have a case, but contact your Denver personal injury attorney to discuss.

Does Your Company Have Insurance? 
This is an extremely important question to ask and one that will be very telling on how professional and prepared your employer is. If your company does not have insurance, that could be indicative of a larger problem. 

If you have evaluated your options and believe you might have a case, contact a Denver personal attorney. Mark A. Simon is a Denver attorney 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.
 
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Tips for Maximizing Your Case's Potential From Your Denver Personal Injury Attorney


May 1, 2019

You’ve just been injured in a serious accident and you’re searching for the next steps you need to take to begin the legal process. After you’ve reached out and located Denver’s best personal injury attorney, you will want to begin consulting with them about the steps you should be taking with your case in order to ensure you receive the highest possible payout. Unfortunately, there are quite a few things a person can do wrong when it comes to their personal injury case, and it’s always best to know the facts before you do anything. With that in mind, here are some of the important things to know to help maximize your case’s settlement potential from your Denver personal injury attorney.

Don’t Carelessly Post on Social Media
In 2019, social media is a major part of many people’s lives, as the act of connecting with friends and family comes in all sorts of ways, including posting videos and photos of yourself to share with the world. While this can still have a place for a person who is recovering from a serious injury, it’s vital to take the necessary steps to avoid making a mistake which can seriously alter the outcome of your case.

If you feel the need to continue posting on sites like Instagram and Facebook, it’s best to check your privacy settings and set your account to private, so you can avoid having the prying eyes of insurance companies combing through your account to use anything they can against you. Although you may think that post about you engaging in a particular activity is harmless and shouldn’t be a bother, it can actually seriously impact your case. Whenever possible, always consult with your lawyer ahead of time if you are unsure about posting something.

Talk to a Lawyer but Don’t Speak to the Insurance Company
Perhaps one of the biggest mistakes people make when it comes to their personal injury case is to talk to involved parties and reveal potentially damaging information in the process. When it comes to your case, it’s important to remember that an insurance company will use anything they can against you when it comes to the amount they will give you. If an insurance provider calls you to ask you a question about your case, decline to comment and refer them directly to your lawyer to avoid revealing information that you shouldn’t. Whenever possible, have your attorney speak directly to the insurance company to avoid this situation from occurring altogether.

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.

 
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