Mark A. Simon - Past Case Summaries

What Are the Worst Mistakes That Can Affect Your Case from Your Denver Personal Injury Attorney


April 24, 2019

If you’ve been injured in a serious accident and are now in the process of trying to secure compensation from an insurance company, you are likely engaged in a battle which can stretch out much longer than a year. You may end up fighting the insurance company tooth and nail, making the importance of hiring a lawyer all the more critical to your situation. But as the client, there are plenty of situations and circumstances which can dramatically alter the outcome of your case. Unfortunately, there are plenty of clients who are simply unaware of what they should and shouldn’t be doing during the course of their case. With that in mind, here are some of the biggest mistakes people make during their case from your Denver personal injury attorney.

Reveal Unnecessary Information Online


The age of social media has given rise to a whole host of issues which are now affecting society in many different ways. The effect that social media and the internet as a whole can have on an individual is clearly profound beyond our current comprehension. But something which we can definitely comprehend is the way in which we expose ourselves online can negatively impact our legal case.

This is especially true of personal injury cases, as insurance companies will be looking for any reason not to pay for your claim. Often, insurance companies will hire private investigators to attempt to dig up as much negative information they can find about a person as a way to delegitimize their case. If a person is openly talking about their case on Facebook or other platforms, it can certainly impact the outcome of their case in ways that may not be readily obvious to the person when they are making the post online.

Tell the Insurance Company Things They Shouldn’t


Beyond revealing too much about yourself or the case you are involved in online, another huge mistake a person can make during the course of their legal proceedings is to reveal too much information to the insurance company. Often times, an insurance company will attempt to get a person to reveal sensitive or unnecessary information in order to use this information against the client. Whenever possible, always defer to your attorney and make sure not to tell more than you need to. It’s always a good idea to consult with your attorney, as they will know the best course of action and steps to take in order to ensure that your case goes exactly the way you would like it to. 

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 need a Denver personal injury attorney 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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What to Do After You are Injured in a Car Accident From Your Denver Personal Injury Attorney


April 17, 2019

The act of getting into a car accident can be one of the most stressful and traumatic incidents you will experience during the course of your lifetime. Even if no one is killed, you may still suffer from plenty of post-traumatic-stress as a result of this event, requiring therapy and counseling beyond just what will be required of you with regards to physical rehab. A car accident can also become a financial burden for you, even if all parties involved are insured. It’s important to know what steps to take to ensure the success of any future legal cases. Here’s what to know from your Denver personal injury attorney.

Stay, Protect, and Call

First, don’t ever leave the scene of an accident, even if you were not the one at fault. This will reflect poorly on you in any legal proceeding, and you may deal with negative ramifications after the fact as a result. You will also want to protect the scene to allow police to properly document the scene of the accident. If you were hit by another driver, you will want to have all information sufficiently documented for legal and insurance purposes. Finally, call the police to get a police report. Even if no one is seriously injured, it can be a good idea to have legal documentation of the incident for your records in the future, in the event that you do need to prove anything.

Keep an Accurate Record of Everything

In the course of a legal investigation and case, documenting everything is absolutely critical to making your case. If you end up pursuing legal action against any other parties, you will want to have as much evidence to back up your claims. The sooner you begin documenting these facts, the better. Take pictures of the scene, document your physical symptoms following the accident, both on the day of the incident and in the weeks following. 

Anything that will help prove your case is worth writing down and documenting as thoroughly as possible, as this will show the court the extent of what occurred. After you’ve exchanged information with all parties involved, report the accident to everyone’s insurance. Some policies require you to immediately report any incident, so you will certainly want to report the event as soon as you possibly can to ensure you are fully covered by your coverage. If necessary, seek medical attention to address any issues which may have been the result of the accident.

Mark A. Simon, Denver car accident attorney, 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 Avoid Accidents with Emergency Vehicles in Denver


March 20, 2019

Commuters, professionals and small business owners from across Denver and surround know that the emergency vehicles utilized by our local police, fire department and ambulance services are on the road for one reason: to protect and serve the public at large. Whether it’s responding to crimes, accidents or emergencies, our first responders help keep us safe 365-days a year. Yet despite their best intentions, emergency response vehicles are involved in hundreds of accidents all over the country each calendar year. Crashes and accidents involving emergency response vehicles are a serious problem across the United States, all-too-often resulting in injury and death to emergency responders, other drivers and pedestrians alike. Understanding the underlying causes of these crashes is critical for establishing effective strategies for reducing the occurrence of similar incidents —and helping you take measure to avoid them, whether you’re traveling across one of Colorado’s picturesque highways or simply traveling in your own neighborhood. 

Emergency response vehicles are often more likely to get into accidents every year, particularly given the fact that they need to travel at have to travel at high speeds to reach emergencies. It is estimated that emergency vehicle accidents in the United States costs $35 billion annually, and the statistics regarding accidents and emergency vehicles might surprise you. But by following these tips, you can stay safe on Denver’s roadways while giving first responders ample time and space to do their jobs of protecting the public at large safely and effectively. 

National estimates say that over ambulances are involved in over 6,500 accidents each year —a third of which involve an injury or fatality. Over 63% of people killed in accidents with ambulances are passengers in another vehicle. Similarly, police vehicle pursuits result in over 300 fatalities on U.S. roads each calendar year. Estimates indicate that over 30% of these fatalities occurs to people who are not involved in the chase. Given the hazards inherent in most police chases, police officers are in involved in nearly double the rate of motor vehicle crashes versus the general public. If you’re on the road and see an emergency vehicle engaging or taking action on the road, following some simple steps can go a long way in keeping you out of harm's way —protecting you, the emergency response vehicle, and you fellow drivers. 

Sirens Approaching From Behind

All drivers know to pull over to the right hand side of the road when you hear a siren approaching from behind. However, it's important to remember not to be hasty. While our knee-jerk reaction may be to turn to the right as quickly as possible, make sure you're careful there are no other vehicles, pedestrians, motorcyclists or cyclists in or around the breakdown lane or sidewalk. Also, keep your blinker or hazards lights on until all emergency vehicles have passed and you're sure it's safe to return to the flow of traffic. 

Sirens Approaching From Up Ahead

When you hear emergency vehicle sirens approaching from ahead, take the same diligence when pulling over to the right. If you are heading in one direction with the lanes separated by barriers, the chances of an emergency vehicle traveling against traffic is rare, but not impossible. Pulling fully into the breakdown lane (when possible) frees your lane for the emergency responders to pass through if they are traveling against the grain. 

Sirens Approaching as a Pedestrian or Bicyclist

Pedestrians and bicyclists also need to exercise caution when they are alerted by sirens on the road. Never operate a bicycle while listening to audio entertainment —particularly in heavily trafficked areas. Pedestrians should also remove any headphones prior to crossing heavily trafficked intersections and multi-lane roads —what you can’t hear might hurt you. In addition, both bicyclists and pedestrians need to utilize proper crossing areas such as crosswalks when navigating traffic. Failure to do so isn’t just a violation of the law, but could also jeopardize your safety. 

Colorado's Move Over Law

All drivers in Colorado should familiarize themselves with the state's "Move Over" laws —a set of rules and restrictions that delicate the proper approach drivers should take when they approach an emergency vehicle. Colorado Law 42-4-705 states: "On a highway with at least two adjacent lanes proceeding in the same direction on the same side of the highway where a stationary authorized emergency vehicle or stationary towing carrier vehicle is located, the driver of an approaching or passing vehicle shall proceed with due care and caution and yield the right-of-way by moving into a lane at least one moving lane apart from the stationary authorized emergency vehicle or stationary towing carrier vehicle." That's a long way of saying give emergency responders as much room as possible when the situation allows.

First Responders are Trained to Drive Safe

Rest assured, all emergency response vehicle operators receive training on how to navigate the roads properly. Emergency Vehicle Operator Courses (EVOC), are designed to educate first responders in identifying strategies and techniques that can be utilized during emergency vehicle operations. Throughout EVOC training, fireman, ambulance drivers and policeman are trained in the many dynamic forces of nature and physics, which will work both for and against the safe operation of emergency vehicles.


Injured in a Car Accident in Denver? Contact Mark A. Simon Today

If you’ve been injured in an accident with an emergency vehicle while following the rules of the road, the experienced and professional team here at Mark A. Simon are here to help. We have decades of experience with workplace compensation and personal injury suits across Denver, Littleton, Aurora and surrounds. Our team of attorneys works closely with each of our clients to get you what’s rightfully yours if you’re injured through no fault of your own. 
 
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Marijuana & Driving in Colorado: What You Need to Know


March 14, 2019

Colorado legalized marijuana for recreational use in 2012. As such, both local residents and tourists have celebrated their ability to purchase and utilize this long-illegal drug across Denver, Littleton, Aurora and surrounds. While residents and visitors to the state may relish in the seeming legality of marijuana in Colorado, there are, in fact, many laws in place dictating its use —particularly when it comes to operating a motor vehicle. If you are under the influence of marijuana and choose to drive a motor vehicle, you must do so with extreme caution. Not only is it difficult to ascertain one’s own level of impairment when using marijuana, it is also crucial to remember that any amount of marijuana use puts you at risk of driving impaired. Driving while under the influence of any substance puts your life at risk as well as the lives of passengers and fellow drivers. 

Observed Impairment vs. Legal THC Limits 

As of 2012, there is a specific amount of active tetrahydrocannabinol, or THC, you can have in your bloodstream before being legally over the limit. Colorado law specifies that drivers with five nanograms of THC in their whole blood can be prosecuted for driving under the influence (DUI). THC is the chemical in marijuana that produces a “high.” Use of THC —whether eaten, smoked, or vaped — causes poor muscle coordination and delayed reaction times. Everyone from marijuana use advocates to law enforcement professionals strongly discourage the use of marijuana while operating machinery, including an automobile. 

Although Colorado state law dictates a five nanogram minimum, it is crucial to understand that law enforcement officers have the right to base arrests on something called “observed impairment.” If the officer believes you to be too heavily under the influence of marijuana to be able to drive functionally, you will be subject to a DUI arrest.  The reason for this caveat in the law is because THC affects everyone differently. While five nanograms may no be enough to impair one individual’s ability to drive, as little as two nanograms may be enough to render another person completely unable to drive. 

Nearly every Colorado law enforcement officer receives professional training through a program called Advanced Roadside Impaired Driving Enforcement (ARIDE). In addition, many law enforcement agencies across the state have specially trained Drug Recognition Experts (DRE) on staff that can detect impairment from a variety of substances, including marijuana.

Marijuana Blood Tests in Colorado

If you are pulled over while under the influence of marijuana and the police suspect you are too impaired to be operating a motor vehicle, the officer on duty may require you to take a blood test. Refusal to submit to a blood test request can result in similar penalties as refusing a breathalyzer test, among them temporary loss of your driver’s license. 

In the state of Colorado, your driving privileges can be revoked if you do not cooperate with the chemical testing process requested by an investigation officer undertaking a drug-related DUI arrest. Any driver who refuses to take a blood test in Colorado is immediately designated by the state to be a “high-risk driver.” High-risk drivers can subject to a variety of mandatory stipulations, including: ignition interlock for a period of up to two years, mandatory completion of level two alcohol education and be required to attend therapy classes as specified by law. These penalties are “administrative,” which means they are applied and must be carried out by the test refuser regardless of whether a criminal conviction has been decreed.

Individuals who have permission their healthcare provider and the state of Colorado to use marijuana to treat a medical condition are not exempt from the state’s DUI laws. If any substance has impaired your ability to operate a motor vehicle —from alcohol, to marijuana, to prescription medication — it is illegal for you to be driving. This includes substances have been prescribed by a doctor or legally purchased.

Marijuana & Colorado’s Open Container Law

Many marijuana users are unclear on how the use of marijuana by a passenger can affect them as a driver. Marijuana is, in fact, included in Colorado’s open container law. This law stipulates that it is illegal to have marijuana in the passenger space of your vehicle if it is: a) in an open container, b) in a container with a broken seal, or c) if there is evidence marijuana has been consumed inside your vehicle. If you are operating a motor vehicle while other individuals inside it are using marijuana, you are still violating the law. It also be noted that is also against the law to consume marijuana on any public roadway in the state of Colorado.

Injured by a Marijuana-Impaired Driver in Denver?

Unfortunately, many local Denver-area residents and visitors to our great city remain unclear the Colorado state laws pertaining to marijuana use and driving. If you’ve been injured in an automobile accident in which a marijuana-impaired driver caused you injury, we encourage you to contact the law offices of Mark A. Simon today. Our team of experienced personal injury attorneys brings decades of experience to your case, and will ensure that you get what’s rightfully yours if you have been injured by an impaired driver in the greater Denver area. If you are a marijuana user who is considering getting behind the wheel of a motor vehicle in greater Denver while under the influence, think again. The consequences are not only illegal —they can be deadly. 
 
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Common Denver Workers Compensation Claim Terms to Know


March 6, 2019

After experiencing an accident on the job, you will immediately need to file your report and get the process started. As you go through a Denver workers' compensation claim, you may encounter words and terms you don't know. Don't fret; this is where your human resources department and go-to local workers compensation attorney excel. Get to know more about the top terms you may hear when filing your claim. 

Average Weekly Wage

The average weekly wage is a calculation of salary when a person is working to get disability (total, partial or total). To find this number, the sum of a person’s prior year earnings is divided by 52 (for the number of weeks in a year). 

Benefit Review Conference

If you have an issue or disagreement regarding your claim, a benefit review conference may take place. With a BRC, a mediator will be introduced to help the two parties in dispute come together. 

Claim

The claim is the report an employee files after sustaining an injury while on the job. When reporting injuries in Colorado, you will need to file as soon as possible. Your employer will need to have your claim submitted to their insurer 10 days after the incident. 

Functional Capacity Evaluation

During your time on workers’ compensation, you will need to continue visiting a doctor for regular appointments. These appointments will continue until the physician feels confident the employee is ready and safe to return to work. This process is the functional capacity evaluation. 

Impairment Rating

When a doctor feels the quality of a medical situation stemming from an on-the-job accident cannot be improved any further, if they will be permanently affected, an impairment rating will be assigned. 


Maximum Medical Improvement

Also once a person has completed the extent of treatment for an injury, the doctor will assign a maximum medical improvement. While a person might continue to seek treatment after, it may not be covered under worker’s compensation. Worker’s compensation benefits may stop as well, depending on the situation and injury.  

Permanent Partial Disability

Those with permanent partial disability are workers that have recovered from an injury enough to get back to work, however, may have lost their ability to do specific tasks because of the injury. The person may then receive benefits based on this change. 

Permanent Total Disability

If a person sustains a permanent injury from a work accident and unable to work, they may receive permanent total disability funds. 

Statute of Limitations

The statute of limitations is the deadline a claim must be filed. For Colorado, most situations have a two-year statute of limitations. In some cases, it can be three but typically requires more documentation. This date is something that is best to discuss with a lawyer. 

Temporary Total Disability

If a worker can come back to work post-injury but has not been assigned a maximum medical improvement rating, they can get two-thirds of their pay from temporary total disability. 

Navigating the worker’s compensation process can be tough. Mark A. Simon is your premier attorney at law to walk you through all things related. Contact Mark A. Simon today for your free worker’s compensation consultation.
 
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