Phoenix Car Accident Attorney Blog

When people are involved in an Arizona car accident many times they are seriously injured. When we represent clients who are seriously injured in an Arizona car accident, many times we see that they have trouble paying their mortgage, medical bills, utility bills, etc. This is to be expected because when a person is injured they are unable to work and therefore they have trouble paying all of their expenses. For many, all of these issues are why people look into hiring the best Arizona car accident lawyer.

Getting An Advance on Your Arizona Injury Claim

There are companies out there that will make an advance on an Arizona injury claim. Typically, they require a lot of forms and will only pay a minimal amount compared to the value of the settlement. In order for these companies to decide if a person can qualify for an advance on their settlement claim, they will talk to the injury lawyer, review the police report, ask about liability, request to see the car photos, and any other evidence that the attorney may have. The funding company has to be very conservative in the amount of money that they lend out because they will be lending this money out and it will be totally dependent on the outcome of the settlement. Therefore, the funding company will be taking a great risk when they lend out money to personal injury individuals.

Why as Phoenix Injury Attorneys Do We Recommend Against Injured Victims Getting An Advance On Their injury Claim?

Typically, we recommend against any of our clients getting advances on their injury claims. Why is that? The reason is because funding companies charge an enormous amount of interest when giving out a loan on an injury claim. By a lot of money it can come out to as much or more as 50% in interest and fees. In other words, if you get a loan on an injury claim in the amount of $10,000 you will need to pay back $15,000 out of your personal injury settlement. Also, as the months go by, the interest will continue to increase at a high rate. Many times to make sure you get the best settlement possible it will take longer and you do not want the taking out of a loan to affect whether you can hold out on settlement.

When May A Client Need An Advance on Their Injury Claim

There are some times where we do understand why clients need to get an advance on their settlement. Of course, as lawyers we listen to our clients and do anything needed to address what they would like out of their settlement claim. Therefore even if we do not agree with the client taking out an advance on their settlement, we will still do everything we can to help the client. The times that we understand that the client needs an advance is where they have tried everything possible and are just so behind that the extra interest will not make a difference. We had a client once who was going to lose his home because he could not work and getting an advance on his settlement was the only way he could save his home.

It is important to try to do everything you can to avoid an advance on your claim because of the high interest rates and fees that go along with getting an advancement on a personal injury claim. We do understand why the funding companies have to charge such high rates and that is because if the case is lost they will not get any money so the funding company is taking on a lot of risk.

If you have any questions on an Arizona injury claim, feel free to give us a call. As Arizona personal injury lawyers, we are able to answer all your questions and if we cannot help you, we will point you in the right direction so you get the help and care that you need.

If you have been in a Phoenix car accident and are concerned that the other party did not get a citation or that you as the driver got a citation for the car accident, you may be surprised that you do not have to worry as much as you think you do.

Arizona Court Rules Regarding Police Reports

Many people who call our office are very concerned that the police officer did not give the correct person the citation. I (Alexis) have had people call me who were involved in an Arizona auto accident and have received the citation and are concerned it will destroy their personal injury case. I have had others call me who are concerned that the police officer did not give anyone a citation and does that mean they have no case at all due to the police report.

Well, in Arizona a citation is not allowed into evidence. It is considered hearsay. What does that mean? It means that whether or not the other driver or you or your driver, if you were a passenger in the vehicle, got a ticket will never come into evidence. Of course, if you get a ticket it might affect your insurance rates, but in terms of the case, the jury or arbitrator will never hear that the other side got a ticket or that you got the ticket.

The bad news is that the insurance company will look to see who got the ticket. That being said, many times the insurance company will stiff defend their insured even if they got a ticket. So many times the issuance of a ticket does not matter at all. It may be an indicator of who is at fault but police officers get things wrong many times. Also, just because someone got a ticket does not mean they are 100% at fault for the accident. Since Arizona is a comparative fault state if you can show that the other party was a percentage of fault as the victim you can collect that percentage of compensation.

The police officer can testify in Court as to what he thinks happened and the circumstances around the car accident but he cannot say who he gave a ticket to at the time of the accident.

We have had many cases where we have collected 6 figures for the person who has received the ticket. If our client received the ticket that does not scare us and should not scare other lawyers. You need to look at more than just who got the ticket. In terms of whether or not someone has a case, you have to look at the circumstances around the accident, how the accident happened, maybe hire an accident deconstructionist, look at the skid marks, maybe look at the light sequence, interview all of the witnesses, go down to the scene of the location, etc.

If you have been seriously injured and think you might have a claim but are concerned that the other driver did not get the ticket or that you got the ticket, give us a call. We once had someone who received a ticket in a fatal injury whose family search for a lawyer to help them. They went to another certified specialist, like Mark, who said they could not help the family because the evidence was "insurmountable against them." Guess what? We were able to settle the case for 6 figures. That is not to say that we have not turned away cases where other lawyers are successful. But we are very confident in our results and our persistence in achieving justice. In short, if you have sustained significant injuries in an Arizona auto accident and Arizona personal injury lawyer, make sure to let an experienced car accident attorney review the police report to see if they can help you.

I find it very interesting that people who are involved in an Arizona accident will call our office and say how they don't want a McDonald's case verdict or anything like that but they do want to be compensated. What is interesting about that is 1) many people know nothing about the McDonald's case and 2) it is amazing how influential the insurance industry is to convince everyone how bad it is to file a claim or lawsuit against someone.

McDonald's Coffee Injury Case

With reference to the McDonald's coffee case, most people only know what they have been told by the media which mostly comes from the insurance industry as only their insurance industry has enough money to go on TV and do all sorts of other stuff and alter facts about a case. What really happened in the McDonald's coffee case is that an older woman was burned by hot coffee because of McDonald's choices. You see McDonalds decided that they would create a campaign to let everyone know that their coffee was the hottest. In doing so, they made the coffee so hot that many people were getting burned. All of these people, society never heard of but McDonalds and the others knew that the coffee was too hot - so hot that it would cause injury sooner or later.

Real Facts Of Case

As a result, the woman was severely burned. It was not just a little burn, but very significant burns on her body. When the case went to Court, the Plaintiff's lawyer asked for what we call "punitive damages." Punitive damages is where a company or individual acts such that their conduct is seen with an "evil mind." When a Plaintiff's lawyer ask for punitive damages the jury can award money damages to punish the Defendant for their egregious actions. The way the media portrayed the McDonald's case is that some woman got burned because of her own actions and millions of dollars was awarded to the Plaintiff. That is not what happened at all.

What happened was that McDonalds knew that they should not be serving coffee this hurt because others had complained of the temperature and being hurt... a little. As a result, McDonald's was warned to lower the temperature of their coffee to avoid future injury and McDonald’s chose to not do so and keep the coffee at the hot temperature because they didn't care who got hurt, they only cared about sales.

Injury Case Goes to Court

When the case went to Court, the Judge found that there was enough evidence for the Plaintiff's lawyer to argue that McDonalds acted with an evil mind. The jury found that as well and awarded one day of coffee sales to the woman as a punishment. That is where the millions of dollars comes in.

Did you know that the Judge has the power to reduce the award a jury gives? So when you are on a jury, you actually do not have final say, the Judge does. In this case, the Judge did lower the amount of the award in fact and the woman did not get the amount that the jury awarded her.

Perception of Society When Pursuing An Injury Claim

The perception of society now is that it is bad to make a claim when you are in an auto accident or have received personal injuries from the negligence of another individual. As Arizona lawyers who help individuals everyday who have been hurt by the negligence of another individual we here time and time again that people don't want a McDonald's coffee case verdict or they just want their vacation pay paid back, or they just want their medical bills paid.

Arizona Injury Law

The law is set up so that the only way a person who is hurt by another individual can get back to square one is through making a claim. That doesn't necessarily mean you have to file a lawsuit but you do have to make a claim. We all pay insurance companies thousands of dollars and as a whole billions and billions of dollars to insure us. In my opinion, and of course I (Alexis) am bias as I am a personal injury lawyer, but in my opinion that is exactly why we have insurance. We have insurance so that if an innocent individual is wronged, the insurance company will pay.

Auto Accident and Other Personal Injury Claims

If you are injured in an auto crash in Arizona and you incur medical bills and lost wages, you should be entitled to compensation of your medical bill and lost wages, but also for all your pain and suffering. It is the pain and suffering that makes our system as it is and people should know there is nothing wrong with pursuing what is fair, which includes money for pain and suffering, future medical bills, permanent injuries, and all the other elements that make a person not whole when they have been hurt by another individual. This is why we have insurance and people who are hurt should not be made to feel that making a claim is the wrong thing to do.

Arizona Lawyers Who Can Help

With that being said, not all injuries are worth pursuing and there certainly are some people out there who bring frivolous cases but there are a whole lot more people who are injured because of someone else’s negligence and deserve fair compensation. If you are someone who doesn’t know if you have an injury case and are looking for Arizona personal injury lawyers who can help, feel free to give us a call. We have offices Valleywide and we can come to you. Call us Valleywide at 602-267-1280. You will not be disappointed in Arizona’s Husband and Wife Law Team’s client communication and legal abilities.

If you have been in an accident in Ahwatukee, call the Ahwatukee Car Accident Lawyers who are right in your neighborhood. Although we have other offices throughout the Valley, our first office began in Ahwatukee back in 1996.

Mark is rated Top 100 lawyers in Arizona by ATLA, top ethical and legal ratings by Martindale-Hubbell, Top rankings by AVVO, and he is a certified specialist in injury and wrongful death law by the State Bar of Arizona. Only about 2% of lawyer sin Arizona have been deemed an expert by the State Bar of Arizona.

You can find out more about us in the Ahwatukee newspaper or come by our office which is located near 46th Street and Chandler Blvd - our office in Ahwatukee. If you work in another part of the Valley most likely we have an office near your work as well. If we do not have an office near you, we will come to you.

Feel free to call anytime as well at our East Valley number. As Ahwatukee auto accident lawyers we are here to help. We also handle other areas of personal injury as well. Give us a call and get your free consultation. We are confident you will trust our office and get honest answers to all your questions.

People who are involved in a car accident are often convinced that only personal injury clients who are at fault for the accident have an uphill battle in proving their claim. In fact, in my (Alexis) opinion every personal injury victim in Arizona has an uphill battle? Why is that?

Whether you are at fault for an accident in Arizona or not are an injury victim, you face an uphill battle fighting against the insurance companies. Of course, that doesn't mean we don't win. it just means that the fight against the big goliath insurance companies is always an uphill battle as the insurance company adjuster or opposing counsel will do everything in their power to try to minimize the injuries sustained to a personal injury victim.

We have had rear-end car accidents where the opposing counsel argued liability. We had a case go to trial where our client was parked on the shoulder of the road with his hazard lights on because his car broke down. The opposing counsel argued to the jury that our client was at fault for getting rear ended because he knew his car had some mechanical problems now and again and therefore he should not have driven the car and had he not driven the car he never would have been on the shoulder of the road. These are the arguments that attorneys use when arguing the value of a claim for a car accident victim in Arizona.

When a person is seriously injured in an auto accident in Arizona, they not only face the wrath of being judged by the insurance adjuster and insurance company but also the jury. Currently, the tend of public thinking is that people who are in a personal injury claim are just in it for the money. Some people think that the seriously injured who pursue claims are quitters or just looking for a quick fix. In actuality, it is just the opposite. People who are seriously injured and stand up to the justice system to get a fair settlement or take it to trial to get their day in Court are very strong individuals. Going through a personal injury claim can be quite difficult because of the judgmental opinions brought on by others many times when evaluating the injured person's decisions.

Having the courage to face up to the insurance adjuster or opposing counsel and to continue to fight for a fair settlement is one of the reasons it is important to pick the best car accident lawyer in Phoenix, Arizona. Injured victims needs to take their time in finding an attorney and make the best decision the first time around.

It is so important to hire an attorney that you feel comfortable with to guide you and to give you the continued strength to fight for a fair settlement and to get what is fair. It is important that you hire a lawyer who you can trust and that you know will fight for you.

So the next time someone reads about a personal injury lawsuit, consider the real life experiences of these individuals who have had their lives forever changed by injuries that they did not cause. Rather than thinking about how a person should not pursue an injury claim, think about how hard it must be to stand up to people who are telling you that you should not have been driving because you knew your car had mechanical problems, or you should have gone to the doctor rather than waiting a week, or you should have gone back to work even though you had two broken legs and were on pain medication all day, or you should have lived with the pain rather than getting the surgery that made you feel better. I could go on and on about these stories. Being questioned about the path you took in your medical care, or why you couldn't work are things that are very difficult. Being called a liar when you did nothing wrong is very frustrating and difficult to take and understand why our legal system is such.

This is why though when you have the best Phoenix, Arizona injury and wrongful death lawyers on your side, the lawyers can give you the confidence necessary to pursue your claim and to get a fair settlement. This is why it is important to trust the lawyers that you hire as the best injury lawyers will always make an accident victim know that they are doing the right thing in pursuing their claim. When another driver kills an innocent driver, the right thing is to pursue the at fault driver for what is fair so that the family who lost a loved one is compensated. After all, this is our legal system.

The injured people who pursue a claim or the family who lost a loved one due to the negligence of another individual did not choose for this to be our legal system for car accident victims. This is the system and everyone should honor the system - for good and bad. Further, think about it, we all pay insurance so that in the time of need it is there. If this is our legal system then it would make no sense for injured people to not pursue a claim when they are hurt by the negligence of another individual because this is exactly why people buy insurance.

I am not talking about frivolous claims either. I am talking about claims where people are rear ended and need surgery, or a person drives drunk and kills another individual, or a person fails to yield at an intersection and seriously hurts another individual. These are the types of claims that I am speaking about. Even people who are hurt in a lesser fashion however are still entitled to a fair settlement.

Of course, there are people who lie and I recognize that but I stand by my thinking that most people who pursue a personal injury claim in Arizona are not liars or exaggerators. Sure that is what the insurance industry has made it out to be because they want people t get on the jury and award small numbers. That is why the insurance industry spends so much time and money to make people think that everyone who files a claim is a liar or an exaggerator. The fast majority of claims are real and the people are honest. We never will get rid of liars but they should not ruin the fair settlements for all other individuals.

If you or someone you know has been in an accident that resulted in serious personal injuries and would like to speak with a Phoenix car accident injury lawyer - Phoenix, Arizona personal injury attorney - that has fought for the rights of many others who have also suffered similarly, please give us a call at Breyer Law Offices, P.C. We can provide answers in your fight for justice. We offer free consultations and a no fee guarantee which means we do not get paid unless there is a settlement.

If you have been in a Phoenix car accident and are injured, you may be asking yourself what type of lawyer do I need. Many times Arizona injury lawyers refer to themselves as lawyers depending on the type of accident that occurred such as car accident lawyers, auto accident lawyers, injury and wrongful death lawyers. Other times attorneys can detailed themselves depending on what area of the Valley they are located. For example, when we first began out offices we were known as the Ahwatukee car accident lawyers or Ahwatukee injury and wrongful death attorneys. Now that we have offices all over the Valley we are not just detailed by our location.

The truth is that lawyers that practice auto injury law generally practice all injury and wrongful death law whether it be a pedestrian that was injured by a car, or a motorcycle hitting a motorcycle, or a truck hitting a car. It is no so much about the type of vehicle as much as if it were a product defect case, a slip and fall, or if the injury occurred not by a motor vehicle.

For instance, if you are in a vehicle and the vehicle accelerates like the Toyota cases currently then injury lawyers may not take these cases as these cases are more what we call "product defect" cases. If you slip and fall and injure yourself there are many Arizona lawyers that will not help you because these types of cases are called "slip and fall" cases or "premise liability" cases and many attorneys may take automobile crashes in Arizona but they do not take premise liability cases. Why don't a lot of Arizona lawyers want to take premise liability cases? That is because the law in Arizona for slip and fall cases makes it very difficult to win for the injured person.

So the bottom line is when you are looking for an attorney you have to look for the best attorney you can find. Most experienced lawyers who handle injury cases will handle all sorts of injury cases so you do not have to focus so much on whether they handle pedestrian cases as opposed to auto crash cases in Phoenix.

Focus more on the lawyers credentials.

Credentials such as 1) Is the lawyer a certified specialist. You can visit the State Bar of Arizona to find out more about the lawyer you are considering hiring; 2) How many years has the lawyer been practicing; 3) What types of cases does the attorney handle - meaning is the attorney handling all injury cases or are they handling criminal defense and family law as well 4) Has the attorney been to trial on an injury case 5) What kinds of awards has the attorney received in the area of Arizona injury and wrongful death law

These are just 5 items that you should consider to see if the attorney is the best Arizona injury lawyer for your claim.

The best accident and injury attorneys will be able to answer all your questions and not just "sell their own services." Being involved in a legal claim case, you will work with your attorney a lot so you should fell comfortable with the attorney as well.

If you have questions, just give us a call at Breyer Law Offices, P.C. Our office has extensive experience in handling personal injury claims in Phoenix, Tucson, and throughout the State of Arizona. We have offices in Phoenix, Mesa, Avondale, Ahwatukee and Tucson. We understand that a lot of our clients are seriously injured and cannot come to our office no matter how convenient our office location. We are happy to visit people at their home or at the hospital. Remember, it's not just about location when picking a lawyer, it's about picking the best attorney you can so that you can get the best settlement possible.

Whatever questions you have we have the answers. You do not need to worry with our office in what questions you ask. We tell all our clients every question is a good question. Have a question on Arizona injury and wrongful death law? Give us a call and get your question answered. We have free phone and office consultations and offer a no fee guarantee meaning if we do accept your case and you become a client, if we do not reach a settlement you will not pay any legal fees.

The truth is that lawyers that practice auto injury law generally practice all injury and wrongful death law whether it be a pedestrian that was injured by a car, or a motorcycle hitting a motorcycle, or a truck hitting a car. It is no so much about the type of vehicle as much as if it were a prouct defect case, a slip and fall, or if the injury occurred not by a motor vehicle.

For instance, if you are in a vehicle and the vehicle accelerates like the Toyota cases currently then injury lawyers may not take these cases as these cases are more what we call "product defect" cases. If you slip and fall and injure yourself there are many Arizona lawyers that will not help you because these types of cases are called "slip adnf all" cases or "premise liability" cases and many attorneys may take automobile crashes in Arizona but they do not take premise liability cases. Why don't a lot of Arizona lawyers want to take premise liability cases? That is because the law in Arizona for slip and fall cases makes it very difficult to win for the injured person.

So the bottom line is when you are looking for an attorney you have to look for the best attorney you can find. Most experienced lawyers who handle injury cases will handle all sorts of injury cases so you do not have to focus so much on whether they handle pedestrian cases as opposed to auto crash cases in Phoenix.

Focus more on the lawyers credentials.

Credentials such as 1) Is the lawyer a certified specialist. You can visit the State Bar of Arizona to find out more about the lawyer you are considering hiring; 2) How many years has the lawyer been practicing; 3) What types of cases does the attorney handle - meaning is the attorney handling all injury cases or are they handling criminal defens and family law as well 4) Has the attorney been to trial on an injury case 5) What kinds of awards has the attorney received in the area of Arizona injury and wrongful death law

These are just 5 items that you should consider to see if the attorney is the best Arizona injury lawyer for your claim.

The best accident and injury attorneys will be able to answer all your questions and not just "sell their own services." Being involved in a legal claim case, you will work with your attorney a lot so you should fell comfortable with the attorney as well.

If you have questions, just give us a call at Breyer Law Offices, P.C. Our office has extensive experience in handling personal injury claims in Phoenix, Tucson, and throughout the State of Arizona. We have offices in Phoenix, Mesa, Avondale, Ahwatukee and Tucson. We understand that a lot of our clients are sseriously injured and cannot come to our office no matter how convenient our office location. We are happy to visit people at their home or at the hospital. Remember, it's not just about location when picking a lawyer, it's about picking the best attorney you can so that you can get the best settlement possible.

Whatever questions you have we have the answers. You do not need to worry with our office in what questions you ask. We tell all our clients every question is a good question. Have a question on Arizona injury and wrongful death law? Give us a call as Arizona personal injury lawyers and get your question answered. We have free phone and office consultations and offer a no fee guarantee meaning if we do accept your case and you become a client, if we do not reach a settlement you will not pay any legal fees.

If you have been in a Phoenix auto accident chances are you have property damage. The first thing that you should do is report the claim. Many times people who are involved in a car accident are being rushed to the hospital so the car status of the vehicle is not that important. What is important is that the claim is reported. We tell people to have family members report claims if they are able to do so. Many times it is better for a family member to report a claim because if you are hurt your adrenaline may be going high and you do not pay attention to all of the questions that are being asked when you have to report a claim. Also if you have been seriously injured, you are not capable of reporting a claim.

When you have property damage, if you have insurance, you should consider reporting the claim to your insurance company as well as the adverse insurance. When you have a property damage claim don't let the adverse insurance convince you that you have to use their repair shop. In Arizona, when you have a property damage claim from an auto accident, you are allowed to choose whatever shop that you want to. Insurance companies prefer that you use their repair shop but I am not so sure that is the best way to go because repair shops that work for insurance companies have incentive to fix your case for as little as possible and to not use the best parts.

While your car is being repaired, you should be entitled to a rental vehicle. You can either rent a vehicle or you can be entitled to loss of use for each day you are without a rental. If your vehicle has a substantial amount of repairs needed you can try to get your vehicle deemed a total loss. If the insurance company will not deem it a total loss, you can ask for loss of value for your claim. Generally, loss of value requires an expert to determine the amount of value that the vehicle has lost from being damaged.

No matter what it is important that you get your vehicle out of the tow year as soon as possible. If the insurance company will not remove the vehicle from the tow yard, then you either have to take steps to have it removed yourself or hire a lawyer because otherwise you will incur a significant amount of money in costs. Do not let the insurance company tell you that it is all about mitigating your damages either. The insurance company often will not want to move the vehicle while they are investigating liability. If you do not have any insurance and liability seems clear, you have to let them know that you have no way to mitigate your damages and request in writing that the insurance company have your vehicle towed to a lot that does not charge anything - which would be one of their own lots. '

When it comes to property damage claims, we recommend highly that everything be put in writing when speaking to the adjuster. If it isn't in writing, it never happened is how the old saying goes.

If you have been seriously injured and need the help of experienced Arizona personal injury lawyers, feel free to call our office. We handle the property damage claim complimentary when we are helping people with the injury claim.

If you are involved in a Phoenix car accident, it is important to hire an experienced injury lawyer. Every Arizona lawyer is different. The key is to hire an experienced auto accident attorney so that they can help you with your case and get your case settled. Depending on what lawyer you chose will be dependent on the case value of your case and whether or not your case settles or goes to litigation. it is important to also find out if the car accident attorney you are considering hiring is afraid to go to trial. What happens if you get an unfair offer from the insurance company? You need to know that the lawyer you choose will fight for you. If your case does go to litigation one of the first things that will happen is that the opposing counsel will want to take your deposition. As Arizona personal injury lawyers, we also notice depositions.

What is a deposition in an Arizona car accident case?

A deposition is a time where the lawyers come to a meeting spot, generally a conference room, and ask questions from a specific person. Only parties to the lawsuit are allowed in the deposition unless the attorneys agree otherwise. There will be a court reporter present taking down every word that is said. if you are ever deposed one of the first things that the lawyer taking the deposition will say is the rules of the deposition. Typically, this will include that there is a court reporter present and that the court reporter can only take down words so it is important to speak rather than shaking your head.

How does a Notice fo Deposition work in an injury case?

When a lawyer wants to take a deposition they will have to send a Notice of Deposition. This is required by the Arizona Rules of Civil Procedure, Rules 26 and 30. The Notice must require the name of the person being deposed, where they will be deposed and the time they will be deposed. The lawyer is required to sign the notice and the notice will be sent to the opposing lawyer and to the court reporter. Arizona does not require the notice to be sent to the Court unlike some other states.

Length of depositions in car accident cases in Arizona

A deposition by rule can last up to 4 hours but many times depositions go longer. There are many attorney we have dealt with that have literally started by asking the client where they lived when they were in elementary school. I'm not sure why this is important but generally speaking lawyers have a great amount of leeway when deposing people. There are been many instances when we have to get the Judge involved or when we will not allow our clients to answer questions. When we are asking the questions and are deposing a person many times we will want our clients to be at the deposition. It is always a good idea to get an understanding of your claim by asking if you can appear at a deposition that your attorney is taking in reference to your case. there many be times that the lawyer does not want his client at the deposition and that is something that will vary from case to case.

It is important to never lie in a deposition. If you do not know the answer it is important to say, "I don't know." You always want to be careful about guessing during a deposition. With reference to a Phoenix car accident, the lawyer might ask you to estimate your speed or guess the time of night. These questions are questions you want to be careful for in guessing. if you do have to guess tell the lawyer who is asking the questions that you are just guessing. If you know for sure then of course answer the question.

Part of a deposition is an opportunity for the lawyer to size up the deponent and see how that witness will present at trial. It is important to dress nice as you would for court and be very respectful to the person who is asking you questions.

As Arizona Personal Injury lawyers, we welcome any questions you may have. We offer a free consultation and a no fee guarantee. Feel free to call any time with your questions. If you are not sure about the attorney you are considering hiring, you can look up their credentials at AVVO or at the Arizona State Bar.

So as a Phoenix car accident lawyer, I (Alexis) get a lot of really interesting calls but today I got a particularly interesting call. Many people have a negative impression of Arizona personal injury lawyers but the truth is that Arizona injury lawyers help a lot of people and save a lot of other people from future injuries.

In any case, the woman called because her husband had been driving down a major highway when a dog got loose off his chain and darted out into the highway. The husband tried to avoid the dog but there was really no way to do so because if the husband went to the left he would have caused an accident with another motor vehicle and if he went to the right he would have hit pedestrians that were on the road.

The dog was hit by the motor vehicle. The owners were there and they darted out in the road also but luckily no other vehicles were impacted and all of the people were safe as well. The dog appeared hurt but seemed like he would be OK. The owners took the dog to the vet and made contact with the husband (the driver) later on that day.

The police came down to the scene of the accident but did not do a complete police report. I have been receiving many calls lately that the police are not completing police reports. Many times when the car accident is on private property in Phoenix and surrounding areas in Arizona the police will not do a police report. Typically, they will get information from the people and have the drivers or people involved exchange information but they will not do a full police report.

In the case of the above car accident I was describing, the driver of the vehicle brought his vehicle into a repair shop later that day. it turned out that there was near $1,500 in property damage to his automobile. The automobile was almost brand new and had just been purchased a couple of months prior. The husband called the dog owner to find out how the dog was doing and also to find out if the dog owner would pay for the damages to the vehicle. This was an emotional situation for the driver of the vehicle because he felt extremely bad about hitting the dog but at the same time he did not think it was fair that he had to pay for these damages to his vehicle when it was not his fault the dog got loose and there was basically no way he could avoid hitting the dog as otherwise he would have caused an accident with another motor vehicle.

The dog owner responded to him that she was not going to pay anything and she was not going to tell him any information about her insurance. She said that it was his fault that he hit the dog. At this point, this is when his wife called our office. What do you do when you are in a motor vehicle accident and this happens? Luckily there were no serious injuries - unlike many car accidents in Phoenix Arizona. yet still, why should they have to pay almost $1,500 for damages to the vehicle.

I advised her that she had several options.

1) She could just pay the damages for the vehicle and be thankful there were no serious injuries to her husband although this doesn't seem fair
2) she could call her insurance company and pay a deductible. In this case, you would have to make sure that she did not have her husband responsible for the car accident as her car insurance could try to raise her rates
3) she could send a certified letter to the dog owner indicating that she needed their insurance information and see if the dog owner responded
4) she could file a small claims suit

The question in this car accident case is a decision for each person involved to decide at what lengths they feel comfortable taking. There is no right or wrong answer. The dog unfortunately did die from the injuries which is very sad. My guess is that the dog owner did not have any insurance and because of the fatal injuries caused the dog owner would probably fight having to pay for the vehicle damages.

In short, I thought this was an interesting case with much legal analysis. Many calls we receive each day are challenging and are not just a simple two car motor vehicle accident. Although then again as Phoenix auto accident attorneys we do get a lot of calls regarding motor vehicle accidents. Remember if you have any questions on auto accidents in Arizona feel to give us a call.

3 Reasons you do not need a Phoenix car accident lawyer:

1. You are not hurt at all
2. There is no property damage to your vehicle
3. The accident was all your fault

As Phoenix car accident lawyers we cannot create miracles. If you were not hurt in the motor vehicle accident then realistically you do not have a claim worthy of hiring a lawyer - at least a Plaintiff's personal injury lawyer. If there is little damage to your vehicle and you were hurt a tiny bit, lawyer probably can still get you more money than you could have otherwise got yourself for all your inconveniences but it is not worth hiring a lawyer unless there are extenuating circumstances.

If you know for sure that you were 100% at fault for the accident then there is probably nothing a lawyer can do for you. Arizona personal injury law does allow for a victim to get compensated for whatever percentage the victim is NOT at fault. Therefore, if you were seriously injured and 90% at fault you may still have a case worthy of hiring a lawyer depending on the circumstances of the accident and the injuries.

I (Alexis) was going to add some more reasons to the list but really they are sarcastic! One of the things I would add to that list is that you do not want the best settlement possible. Many people do not hire lawyers because they think they can handle their case all on their own. It's funny because I wonder why people think they can handle a legal case all on their own when they do not know anything about the law. Think about it, would you try to conduct surgery on yourself. Of course, not. For some reason though innocent victims get hurt twice because of another person's negligence and then because they try to handle their own claim. Usually, down the road those who are seriously injured see that it is just too much and that the law is in fact complex. My one advice point that I tell people over and over again is consult a lawyer right away after an automobile accident. It does not mean you have to hire a lawyer, it just means that you get all the facts and put yourself in a position where you know what you are up against.

Innocent Arizona car accident victim misses statute of limitations

I had someone call the other day who was involved in a Phoenix car accident. She had actually been negotiating her claim with the insurance company and she called the insurance adjuster back the next day and the adjuster told her the statute had passed and he was no longer offering her anything on her claim. I felt very bad for her. She had no idea that there was a statute of limitations she was about to let pass and that her claim would be forever gone. She thought since she had been negotiating with the adjuster that the adjuster would pay for her personal injury claim. That is not how it works though. Probably as you read this you may think to yourself that would never happen to me, but you would be amazed how many people this happens to and how many calls we get each week about people who want to pursue claims who are told by the insurance adjuster the deadline has now passed.

Continue reading " 3 Reasons You Do Not Need A Phoenix Car Accident Attorney " »

We receive many calls from people who have been involved in Phoenix car accidents or around the Valley who are unhappy with their lawyer. The callers want to know can we fire our Phoenix car accident lawyer and hire our office. The short answer to this question is yes you can fire your Arizona auto accident attorney but we recommend you do the following:

1. Look at the contingency fee agreement that you have with your attorney
2. Ask for a copy of your file
3. Talk to your attorney and let them know that you are unhappy with their services
4. You should know if the attorney has received an offer on your case
5. You should know if the lawyer has filed a complaint in your case
6. It is important to know the statute of limitations

We always recommend that callers talk to their current attorney and see if they can work out their relationship so that they are happy. Many times callers call us back and indicate that after speaking to the attorney they are even more sure that they want to change lawyers. If you are sure you want to change lawyers, it is important that before firing your lawyer you talk to another lawyer and make sure that they want to handle your accident case. The last thing you want to do is fire your personal injury lawyer and then not have another lawyer to take your case.

The way the fees work when you fire a lawyer and hire a new lawyer

Based on the fee agreement, you will know the fee that you are paying to the first lawyer. There should be a clause in that fee agreement that says if you are to fire the lawyer that the lawyer will get paid on "quantum meruit." What that means is that the Phoenix car accident attorney you hired will put together a billing statement of how many hours he/she worked and will share the legal fee with the new lawyer. So for instance, if you hire a new lawyer that new lawyer and the old lawyer will share the same attorneys fees but will split the attorneys fees between themselves depending on the amount of work each did. Normally, the fee to the client for the attorney's fees should be the same but then the two lawyers will work out a fee split between themselves.

It is always best to try to hire the best Phoenix car accident lawyer the first time. Of course, many people do a good job researching attorneys to hire and they are not happy with the work that lawyer has done. Some though choose to go with an attorney that is in the family or just any attorney and we always recommend that people try to research and find attorneys the first time that they are comfortable with and who are experienced in Arizona injury and wrongful death law. You don't want to hire any attorney because it is always harder to find a lawyer who will take on a case once another lawyer has dabbled in handling the case.

Continue reading " Can You Fire Your Phoenix Car Accident Lawyer? A Guide to Understanding the Lawyer-Client Relationship " »

As Phoenix car accident lawyers we receive many calls from people who have been injured in car accidents in Arizona where the other driver who caused the accident was texting while driving. The metro Valley made up of cities such as Phoenix, Ahwatukee, Chandler, Mesa, Glendale, Avondale, Tempe, and other areas is seeing more and more auto accidents and Arizona personal injury lawyers needed because innocent people are being injured because drivers are texting.

Many people may not realize that just recently the United States government made it illegal for professional drivers of buses and large trucks to text while driving. Currently, it is also illegal for drivers of federal government vehicles to text while driving as well. The ban against commercial truck drivers and bus drivers texting while driving went into effect immediately.
In many states texting while driving is illegal but not currently in Arizona. No one can deny that it is convenient to text while driving; however, based on recent studies regarding people driving while texting, texting can be more distracting and unsafe than a driver who is drunk. We have seen many more Arizona car accidents, motorcycle accidents, bus accidents and truck accidents with the use of cell phones and texting while driving.

There are different laws already imposed for commercial bus drivers and truck drivers such as they are not allowed to work a certain amount of hours, they must keep logs of their hours, and other restrictions such as these. Many times if a commercial truck driver or bus driver causes an accident the logs of these individuals will be examined and if it is found for example that the driver worked over hours, the driver and company can be subject to punitive damages.
The fine for truck drivers and commercial bus drivers if caught by police while driving and texting will be a fine up to $2,750.00.

Continue reading " Phoenix Auto Accident Lawyers Give Information On Laws Regarding Texting While Driving " »

When you are involved in a Phoenix Car Accident it is important to understand how a phoenix car accident lawyer reads the police report. Of course, if you hire an attorney right away you can just let the lawyer read the police report but I (Alexis) try to educate our clients to understanding how to read the police report so they understand.

Many times when people call our injury office for the first time they do not have the police report yet as the officer is still drafting the report. When it comes to serious Phoenix car accident injury claims it can take a couple of weeks for the police report to be completed. When it comes to a fatal accident in Arizona, sometimes it can take up to 6 months to have the police report completed.

We had a case once where the claim was against a city entity and the caller had spoken to another lawyer who did not practice just Arizona injury and wrongful death law, and the attorney told the caller to wait until the police report came out. It apparently was an attorney that the caller had trusted and the attorney was trying to help but the problem was the lawyer did not practice just injury and wrongful death law and failed to explain or maybe he didn't even understand the law so the caller missed a statute of limitations. How did that happen? The caller waited until the police report came out which was at about 200 days after the accident since it was a fatality and there were a lot of complex issues involved in the car accident in Arizona.

The police report came out and at that time the caller called our office. Unfortunately, the fatal car accident was in part caused by a negligent roadway design wherein the city where the accident took place would have been at fault. The caller was never explained that she had a 180 day deadline that she could not miss if she wanted to make this claim. She never was told about the deadline so she felt she could just wait until the police report came out. By the time the police report came out the deadline against the city had already passed. That was an atrocious accident wherein there was a serious road design defect that caused the fatal accident.

The accident was so severe that the car was set on fire and exploded. The only way that the family could know it was their loved one inside of the vehicle was by dental records. A lawsuit would never bring the loved one back but it could have shown the city that they should not have had the road blocks where they had them and that there was a defective design that should have been corrected so that other innocent drivers in Arizona are not hurt or killed at a later time.

How to read a police report:

1. The date is on the top line along with the time
2. Usually the person who is listed in the top position is usually deemed to be at fault
3. Section 2 lists the person’s injuries. A number 1 for injuries usually means the person is slightly hurt. The number ratings go up to 5 which is for a fatality.
4. The driver’s name and owner’s name and address will be in the boxes along with the insurance information and all the information on the vehicle. If the insurance is left blank that does not meant here is no insurance. Often times the person does not have the insurance with them or it is unknown so the police leave that area blank.
5. Passenger information is listed in Section 5. Often times the police will cross out the date of birth and phone number and just leave the name. If a passenger is not listed and there is evidence that the passenger was in the vehicle the police report may be amended but often times the police will not amend the report once it is completed so it is important to call the police right away if there is a problem with the police report. Again, the police usually will not change the police report once it is completed.
6. Section 7 lists the witnesses. If there is ever a comparative fault car accident in Phoenix, Arizona it is important to contact witnesses as soon as possible to get affidavits or recorded statements. Witness statements sometimes can make or break a case.
7. Section 8 had the office’s information. Many times it is difficult to read! The officer might need to be contacted to find out more information about witness’ names or to talk to the officer to get the information before the police report is completed.
8. On the back side of the page under section 11, it tells if any skidding occurred. This is important to Phoenix car accident lawyers because they can tell a lot about how a car accident happened depending on the skidding that is noted by the officer.
9. Section 12 indicates the citations. Just because you are cited does not mean that you do not have a Phoenix personal injury claim. In Arizona we have a comparative fault state so you are able to collect for personal injuries for whatever amount of percentage you are not at fault for the accident. Especially in comparative fault accidents where there are serious injuries we recommend people speaking to a Phoenix car accident lawyer to go over their options and the deadlines.
10. Section 13 contains a description of the car accident taken down by the police officer.
11. On the second page of the police report will also include different sections about the lighting, the weather conditions and more information about how the Phoenix car accident occurred. This is important to a lawyer because there are different things that we look at in this section especially when there is comparative fault. In this section it will also listed if the driver was driving drunk. Driving drunk may result in a claim for punitive damages. Other things that we can look for in this section that may lead to punitive damages is if the driver fell asleep, was on drugs, was working over the federally mandated hours, among other things.
12. The last page usually contained a description or drawing of how the Arizona car accident took place.

Continue reading " Phoenix Auto Accident Lawyers Explain How to Understand An Arizona Police Report " »

Choosing doctors that are well qualified and understand the importance of medical documentation after their patient has been involved in a Phoenix car accident is very important. As Phoenix car accident lawyers, many of our clients do not have health insurance and need help finding medical doctors who will give them the medical care that they need when they have sustained injuries in an Arizona car accident.

Part of what we do besides the legal aspect of the case is help our clients find doctors who are reputable but are willing to wait for payment. In fact, many times we have to get involved in this aspect of the client's medical care because even doctors on their health insurance plan will not see them because they were involved in a Phoenix car accident. I (Alexis) have gone so far even to call some of these doctors and ask them why they are refusing to see a patient just because they have been involved in a car accident. Basically, the doctors do not want to take a chance that they get involved in litigation so they refuse innocent people who need medical care just because they are scared that they will one day be called to testify. I understand this line of thinking however it is simply not fair that innocent people who are injured in a car accident are refused medical care by doctors on their health insurance plan.

There are many clinics out there that advertise that they help car accident victims and some of these are good but some are simply just mills of medical care. By that I mean that they do not actually care about the medical care given to the patients. They have the patient come in a lot of times and pad the bill so that it is really expensive and expect to get paid thousand and thousands of dollars for giving very little medical care. There are other doctors that are very hard working and listen to the patient and take time to give them the best treatment and the best advice. We work with some of the best medical doctors in Phoenix who understand that we are most concerned with our client's medical status and that they get better as soon as possible.

As Phoenix car accident lawyers, we take the position that it is our job to help our clients not just with the legal aspect of hte claim but to be there for them in other areas as well. Finding the most qualified doctors is an example of this other area that we help our clients with when they comes to us as an Arizona car accident, or other way that they wer einjured due to someone's negligence. To be the best lawyer it is part understanding the law and part understanding all of the other legal needs that clients need help with when they are entering a legal system through no fault of their own.

If you have questions regarding an Arizona personal injury claim or Phoenix car accident that you have been involved in do not hesitate to give us a call. Although we only help those who have been seriously injured we make ourselves available for all callers and welcome any calls where we can help people and point them in the right direction to get the best settlement possible for their claim and get cared for by the best medical doctors in Arizona as well.

Phoenix Auto Accident Injury Lawyers
Wrongful Death Trial Attorneys Helping Car Accident Victims Throughout Arizona

Since 1996, Alexis and Mark Breyer have been leading attorneys in Phoenix, Arizona helping only injury and wrongful death victims that have been hurt or who have lost a loved one by the result of another person’s negligence that caused a serious Phoenix car crash or Phoenix motor vehicle accident. We only accept a small amount of cases because we are involved with every case that we accept. Alexis or Mark meet with the clients and evaluate each claim individually. We can also speak to you over the phone to see if we are able to accept your claim.

We are committed to representing our clients with the passion and dedication you would expect from a husband and wife law team but with the aggressive legal representation that you would want from top notch legal representation when you have been involved in a car accident and are looking for a Phoenix car accident lawyer. Judges and insurance companies know of our law firm and the lengths we will go when fighting for our clients. Our reputation is gained from Mark taking cases to trial and winning. When you have a winning attorney on your side it is my opinion that your case is more likely to settle faster for a higher amount.

Mark is a certified specialist in injury and wrongful death law by the State Bar of Arizona. Only 2% of lawyers have achieved this recognition by the State Bar of Arizona. Mark also has recently been named by ATLA for being the Top 100 lawyers in Arizona. He has a superb ranking 10/10 by AVVO, a national raking organization for lawyers. He has achieved other awards as well. If you are looking for an award winning Phoenix car accident lawyer team call us to see if we can help you.

At our office, as Phoenix auto accident attorneys, we give each client personal attention at every stage of their case. They are assigned a paralegal to speak to at every aspect of the claim and always have a lawyer that they can speak to as well. By only accepting a small number of cases, we are able to have a personal relationship with each of our clients. We are not just lawyers but also lawyers who take the time to understand how your loss and injury has affected your life and we take this information and personal relationship to convey it to the insurance company. We do not just settle claims. We litigate claims when it is necessary and Judges, other lawyers, and insurance companies know that we do not just cave in on the first settlement offer we get. We have the financial resources necessary to litigate every case or hire the most qualified experts to get the best possible settlement. Many Phoenix car accident cases are won and lost on the relationships lawyers have with experts and being able to afford the best legal experts. We only receive a fee when we settle a claim. We offer a no fee guarantee that is in writing that says if we do not achieve a settlement there will be no fee. Our office assumes all financial risk for your case.

Call our office Valleywide at 602-267-1280. We can send a town car for you to come to our office where you can experience The Breyer Law Difference that we give to all our clients. We also offer home and hospital consultations as well. All of our consultations are free of charge.

If you are in an Ahwatukee car accident or a car accident in a part of Arizona for that matter, the first thing that you should insist on is the police coming down to the scene of the accident. Typically, the Phoenix Police will come down to an accident scene when the accident occurs in Ahwatukee. Although Ahwatukee is a small community, it is still part of Phoenix, Arizona.

The only time the Phoenix Police will not come down to the scene of an accident when it is in Ahwatukee or another area in Arizona is when the car accident occurred on private property. Even then many times the police will come down and investigate but might not write an actual report. It is very important to have an accident report if you are involved in an accident because it given an opportunity for the police to write down all the details, such as the date of the accident, the time of the accident, the cars involved in the accident, and the people who are involved in an accident. Many times when there is no police report at all, the parties involved can deny that the accident happened at all and it makes it harder to prove on various levels.

Once you have the police report, you should call the insurance company of the other driver. Filing a claim is not difficult, but we do recommend that if you are the injured person that you have your car accident lawyer call in the claim for you or that you have another person, whether it be your friend or a family member call in the details of the claim. Usually a person is startled after a car accident in Arizona and even if they are not seriously hurt they still have a lot of adrenaline going so they may not answer all the insurance company's questions correctly.

When you call in a claim for a car accident, you should have as many details as possible in front of you. The insurance company will ask you the following:

1. the police report number
2. the date of the accident
3. the intersection where the accident occurred
4. how the accident occurred
5. your name, date of birth, address, phone number
6. the other driver's name, address, phone number
7. the cars that were involved, including license plate numbers and vin numbers
8. the insurance company of the other driver and the policy number
9. the phone number of the other insurance company
10. the witness' names
11. if any citations were given at the scene of the accident
12. the amount of damage to each vehicle
13. the injuries
14. the names of all passengers in the vehicle
15. be ready for other questions as well!

If the injured person does call in the claim be ready to answer all of the above questions and more. If the insurance adjuster asked questions about your Ahwatukee car accident be sure to request that the conversation NOT be recorded. Also, you should know that as Ahwatukee car accident attorneys, we always request the 911 tapes right away. Often times when filing a claim the insurance company will ask if 911 was called. 911 tapes typically have to be ordered within 30-90 days otherwise they will be destroyed. In some of our cases, having the 911 tapes played a pivotal role in the car accident claim.

After speaking to an insurance adjuster, we always send a confirmation to the insurance company regarding the whereabouts of the vehicle, especially if the vehicle is in a tow yard. You want to make sure that when filing a claim you let the adjuster know if you think the car is totaled or if it is repairable, and the exact location of the vehicle. At the time the claim is being report, it is a good idea to let them know whether or not you will need a rental vehicle and to even try to gain information about the adverse insurance's policy limits especially if there were serious injuries involved in the car accident.

Continue reading " Ahwatukee Car Accident Lawyers Discuss How To File a Car Accident Claim in Arizona " »

When you have been involved in a Phoenix car accident or any other type of injury claim in Arizona, if the negligent part is a government entity you must file a Notice of Claim within 180 days. It is important to understand that does not mean 6 months but 180 days. I say that because many people have called at the 6 months mark and said they thought they had six months to file the Notice of Claim but actually 180 days is a few days short of six months so it is important to note. There are also certain requirements that must be met in the Notice of Claim for the Notice of Claim to be valid.

The requirements of a Notice of Claim include;

1. Listing the individuals on the Notice who are to receive the Notice - You cannot just put anyone down on the Notice of Claim. The Notice has to be served on the people who are by law required to receive these legal documents on behalf of the person that caused the negligence. So if you are hit by a driver who is driving a bus you do not necessarily serve the bus driver but the people who are responsible for receiving the legal documents. As a lawyer to be safe, I would also serve the bus driver.

The notice of claim is very complex so this paragraph and guide is only to give people an idea of the background of what is required for a Notice of Claim to be valid but not to be relied upon for legal advice. I strongly recommend that no matter what the claim people speak to an attorney when a government entity is involved so they do not miss a deadline or file the notice of claim inaccurately and lose their claim.

2. Claimant information- A notice of claim should include the name of the person who was hurt, the address, phone number and date of birth. It is always better to give more information than not enough information. We recently started giving even the claimant's email address.

3. Details of the accident - By this we mean details of the incident, the location of the crash or injury, the date, the description of all the facts pertaining to the Arizona car accident. Remember Notice of Claims do not just apply to car accidents in Phoenix they also apply to any negligent action caused by a governmental entity/employee that results in a person getting hurt. The notice of claim should include the injuries, the extent of injuries, the future prognosis and medical treatment along with details of the accident itself.

4. Amount of the claim - In the notice of claim an amount must be stated for the notice of claim to be valid. This is usually a very difficult thing to do because many times the injured person is still in the hospital or still undergoing therapy or rehabilitation so the exact amount of the value of the personal injury claim may not be known. The notice must contain as much information about the injuries and the amount of the claim should be a number that is reasonable and can be justified but at the same time is not a number too low that does not take into account all of the unknowns about the injury.

5. Explanation of damages - In this section all medical bills should be detailed so that it is understood the extent of the medical bills. This part is sometimes also difficult because many times there are going to be a lot more medical bills incurred but because of the short time frame of 180 days it may not be possible to have all the medical bills. This section is just to give the entity an idea of what the bills may be.

6. Supporting documentation - As much supporting documentation should be attached to the notice of claim as possible. We attached all medical records and billing statements that we have in our file. It is also a good idea to attach things like the Arizona police report. When it is involving an Arizona fatal accident many times the police report will not even be ready within the 180 days so that a lawyer may not be able to attach this type of supporting documentation.

Conclusion

If you have been involved in a Phoenix car accident claim or any other type of personal injury claim in Arizona where you think the Defendant that is responsible for your injuries was working for a government entity you should strongly consider consulting a lawyer so that you do not ruin your claim because you did not know the requirements of the notice of claim statutes.

Continue reading " A Guide For Phoenix Car Accident Victims To Understand The Requirments Of A Notice Of Claim " »

When you are involved in a phoenix car accident you must know that depending on your health insurance you may have to notify your health insurance carrier and let them know that you have been in a car accident. If you do not notify your health insurance company then when your health insurance company finds out about the automobile accident your health insurance coverage may by in jeopardy. it all depends on the coverage that you have. Many people do not realize that when they get health insurance there is a contract that goes along with that coverage initially. Part of what a personal injury lawyer does is to decipher the language that is in the health insurance contract to determine if the health insurance plan is entitled to reimbursement from the settlement money. Often times, this language is very complicated. In fact, there are many different plans and different types of laws that govern whether or not the health insurance plan is entitled to what we call 'subrogation' which means that they are entitled to receive the funds that they paid out from your settlement.

In particular these are the coverages that you should know have particular laws that govern how these health insurance plans work when their insureds are involved in a car accident claim in Arizona.

1. AHCCCS - If you are on AHCCCS you must understand that they are entitled to reimbursement of the money that they paid out for accident related medical care when you are in a car accident. The law goes so far to say to say that an insured must notify them if they are involved in an accident and they plan to make a personal injury claim.

Based on A.R.S. §36-2956(B), an insured is required when on AHCCCS that the “member or the member's legal representative must provide written notice to the administration within twenty calendar days after the commencement of a civil action or other proceeding to establish the liability of any third party or to collect monies payable from accident insurance, liability insurance, workers' compensation, health insurance, medical payment insurance, underinsured coverage, uninsured coverage or any other first or third party source." This is what the law says with reference to AHCCCS claims. Thus it is important that an injury victim communicate with their attorney that they have AHCCCS so that the lawyer can work with AHCCCS to reach a determination of a valid lien amount. A lawyer can also negotiate with AHCCCS and make sure that clients receive a fair settlement and that not all the settlement money goes to AHCCCS. This is particularly true when there is a liability issue or minimal policy limits.

2. Medicare - Many insurance companies when paying out claims for Arizona car accidents are now not issuing the check to individuals unless they have an attorney or they will put Medicare on the check. Medicare under the law is required to be reimbursed for whatever funds they have paid out when an insured collect for personal injuries and has submitted the medical bills that Medicare has paid. If you do not notify Medicare and get the condition lien amount and final lien amount you will owe interest for all the money that Medicare has paid out.

Attorneys also have the ability to negotiate with Medicare to lower the amount of their lien. Some of the laws relate for reductions only to attorneys so it can be a great advantage to have an attorney on your side just when dealing with Medicare because dealing with Medicare can be very complex and attorneys are most likely to be able to gain a reduction.

3. ERISA PLANS - An Erisa plan is a specific type of health insurance plan. Many health insurance plans say they are Erisa plans so that they can get reimbursed for the money they have paid out in medical bills, but the truth is that these plans are not Erisa plans. They try to make it seem like they are Erisa plans so they can get money back from their insureds but in fact when you look at their contract plans you wee that they are not entitled to any money back from the car accident claim or any other personal injury claim.

There are specific forms that need to be looked at when looking at whether a health insurance plan really has an Erisa plan. These forms include a copy of the plan language, a copy of the contract, and a copy of the plans Form 5500's. If you think you may have a health insurance plan that could be an Erisa plan it is best that you consult with an experienced personal injury lawyer who can answer your questions. These types of issues in personal injury claims are very complex and we recommend speaking to lawyers who only practice Arizona injury and wrongful death law. Please feel free to give us a call if you have any questions. As Phoenix car accident attorneys, we offer free consultations and contingency fee agreements with a no fee guarantee - that is that we only get paid if we achieve a settlement for you. We have offices throughout the Valley and offer phone consultations as well.

When you are involved in a Phoenix car accident and you do not have your seatbelt on many people want to know do they still have an Arizona personal injury claim. the answer to this question is yes but the amount of money you receive from the adverse party may be less than full value of your claim if the opposing party can prove that your not wearing your seatbelt contributed to your injuries. In other words, the adverse party must prove that your injuries came from your seatbelt not being worn at the time of the accident. In order to prove this, an expert must be hired otherwise the opposing counsel has no "seatbelt defense."

The seat belt defense requires expert testimony in order to meet the defendant’s burden of proof required under this defense. The adverse party must disclose the expert within the disclosure deadlines otherwise the seatbelt defense cannot be used. An expert is necessary to support the burden of proof required under Law v. Superior Court. “The burden of establishing these matters, as with other matters of comparative negligence, is upon the defendant.”

Without an expert, a jury would not be allowed to speculate and that the seat belt defense would be kept from the jury with a motion in limine. Therefore whether or not the seatbelt defense can be used is based upon whether or not the defense hires an expert and on that expert's opinions.

If an expert cannot say that had the injured person been wearing a seatbelt that person would not have received the same injuries then the injured person should receive full value of their injury claim. If the expert finds that the person would not have been hurt had they word their seatbelt then the injured person would only be compensated for a portion of the value of their claim. Remember though an experienced Plaintiff's lawyer would consult with an expert as well to refute any opinions by an expert hired by the defense.

Continue reading " What do you do when you are not wearing your seatbelt in a Phoenix car accident injury claim " »

Five facts every Phoenix car accident victim show know about the adverse insurance company is detailed below. These may seem funny at first glance but they are one hundred percent true. By funny, I mean that it might be so obvious as you read these five facts about insurance adjusters and Phoenix Injury claims. The fact remains though that many people who try to handle their own Phoenix car accident claim forget the five facts below about the insurance adjusters. I am sure there is some adjuster out there that may not qualify so maybe facts is too strong of a word but I (Alexis) would bet that the 5 statements below are quite accurate when it comes to insurance adjusters.

1. The insurance adjuster is not your friend

Many people tell us that they started to handle their own claim and never consulted with a lawyer because the insurance adjuster was so nice. Well, of course, insurance adjusters are not all mean, evil people. Many of them are great fun to talk to and many of them I bet are very nice people. That does not change the fact that the insurance adjuster is not your friend and the insurance adjuster does not have your best interest at heart. In fact, quite the opposite. The insurance adjuster has a job to do and that job does not include looking out for your rights.

2. The insurance company's only goal is to make profits

Every insurance company went into business to make money. I don't think there is an insurance company or business for that matter that began their company wanting to give away their money. Insurance companies are at the top of this list. They are there to make money and increase profits year after year. Otherwise they would not be in business. Insurance companies do not make money by offering large settlement, not even by offering fair settlements. The lower the settlement the better because the lower the settlement the more money that is left for the insurance company, and the more increased profits the insurance company can gain for that year.

3. The insurance company wants to settle your claim for as little as possible

Every insurance adjuster has a goal and that is to settle claims for as little as possible. The insurance companies train on evaluating claims and they train on negotiations. An insurance adjuster does not want to offer you what is fair. They want to offer you the least money possible that will make your claim go away. Many adjusters don't care if your case goes to litigation. They just want to make sure that the claim settles for as little as possible.

4. If you give a recorded statement they will use it against you

A recorded statement is where the insurance adjuster will ask you all the facts and record the entire conversation. Ask yourself why would they want it recorded. When you ask people to tell you the facts of a story or anything else do you ask for it to be recorded. Of course not. An insurance adjuster wants to record a conversation for only one reason and that is so they can review it later and later in some way use it against you. A recorded statement will be used against you even when you are telling the truth. There is just so many details and once you are looking for something and going through each and every detail you will find contradictions even though the person is telling the truth.

Continue reading " 5 Things You Must Know When You Are Involved In A Phoenix Car Accident Injury Claim " »

There were 6 people killed in an Arizona bus accident on Friday when the bus rear ended another vehicle and went rolling over. Apparently, the bus driver lost control and the bus flipped over ejecting 6 passengers onto the interstate. Other people on the bus were seriously injured as well including some children.

The accident occurred at approximately 5:27 in the morning along an Arizona stretch of I-10 in a community called Sacaton, which is south of Phoenix. According to police records, the bus rear ended a pickup truck, swerved left, then right across the road, then flipped over, rolling at least once as passengers were thrown from the vehicle. Four women and two men were killed in the Arizona bus crash, and another 15 passengers were taken to nearby hospitals. Five individuals were so severely injured that they had to be aire-evaced from the scene of the accident. Among those very seriously injured was two eleven year old children.

What accident victims need to be aware of with reference to a bus injury claim

When being involved in a bus accident or having a loved one be fatally injured as the result of a bus driver's negligence there are a few things that you need to be aware of. First, if the bus driver had been riding over the federally mandated hours or had been so fatigued because he had worked too many hours then the injured victims and their families may be entitled to a claim for punitive damaged. In this case, it appears there may be a claim that the bus driver was fatigued but we still need to do some investigation as to why the bus driver was fatigued. It also appears that this bus company did not have the required licenses to be transporting people they way they were, and this too, illegal transportation, might add to the punitive damage element as well.

Continue reading " Arizona Bus Accident Claims Lives of 6 People " »

If you have been in a car accident in Arizona there are a few things you should do before anything. First, if you are hurt you should immediately go to the doctor. Why is that? Many people tell me (Alexis) they are hurt but don't want to go to the doctor. The necessity for going to the doctor after a Phoenix car accident is that if you do not have medical documentation the insurance company will most likely deny your claim. Without showing proof of your injury the insurance company will most likely say that if you were hurt you would have gone to the doctor.

Second, take pictures! Pictures can be of your vehicle, your body, items damaged inside the vehicle, the other vehicle, skid marks in the road, your hospital room, etc. The old saying "a picture is worth 100 words" is probably more true in proving a car accident injury claim than anything else. When a lawyer is explaining to an adjuster the trauma you went through, having a picture to show the trauma makes the claim that much more understandable.

Lastly, if your vehicle is in a tow yard steps must be taken immediately to try to remove it from the storage yard as the facility where the vehicle is being stored will charge storage fees for each day which can get very expensive. Some facilities charge as much as $50.00/day. You can make a claim through your own insurance company is liability is still being investigated. If you do not have collision coverage on your vehicle, specific letters need to be written to the insurance company indicating that you do not have the means to move the vehicle. In Arizona there is a law that says an injured victim has the duty to mitigate their damages. What that means is that an injured person has to take steps to move the vehicle. Therefore, when we represent clients we show all the steps that were taken. Another old saying which is very true for when dealing with insurance companies is "if it isn't written, it didn't happen." We recommend that all communications with insurance companies be in writing. If you are writing to the insurance company then one day those documents can be used as exhibits. Telephone calls cannot be used as exhibits and can be denied.

Continue reading " Your Guide What To Do After Being In A Car Accident In Arizona " »

Do you really need a Phoenix Car Accident Lawyer? Here is a list of 10 items that can help you decide if you really do need a Arizona car accident lawyer. Not all cases require a lawyer and it is important for you to know whether or not you really need a lawyer. Of course, you always can call an attorney for a free consultation as well. So here is my (Alexis) top 10 list as to whether or not you need an injury lawyer for your case.

Top 10 List for if you need an injury lawyer due to a car accident:

1. You were seriously injured: If you are seriously injured in a car accident, you should consult a lawyer. A serious injury for this purpose would include broken bones, being in ICU, needing surgery, having to be off work for a long period of time, having to be on disability, and having a permanent injury. These are the types of elements that should lead a person to consult a lawyer. You may not need a lawyer still but if you have these types of injuries or similar then you should do yourself a favor and talk to an attorney before you destroy your Arizona injury claim by missing an important deadline.

2. Liability: If the insurance company does not put you in a rental right away and admit liability, you should consult a lawyer. If the insurance company tells you that they need to speak to their insured or the accident is still under investigation then that is a sign that they might deny liability. Even if the person who caused the car accident was cited it still may be that the insurance is going to play games and deny the claim.

3. The person who hit you was a government employee: That is they work for the state, city, or any corporation that is a government entity. Why does this matter? This matters because the laws against suing a government employee who causes a car accident are much different than suing a private individual. For example, a "Notice of Claim" must be filed with the Risk Management. The Notice of Claim must be served on the correct people. It must be completed correctly. The Notice of Claim must be served within 180 days. After the Notice of Claim is filed correctly, a lawsuit has to be filed within one year. There are just too many complex law that when your claim is against a government entity the injured victim needs to understand how to protect their rights.

Continue reading " Top Ten List To Decide If You Need a Phoenix Arizona Car Accident Lawyer? " »

As Phoenix car accident lawyers, we see that many people are involved in car accidents throughout the Valley and do not know what to do after they are in an auto accident. This is a brief guide for you if you have been involved in a car accident and are confused as to what to do to protect your rights or if your family member has been in an auto accident, is in the hospital, and you want to help but you do not know what to do.

Most people who have been seriously hurt because of the negligence of another individual really are not able to do much after a car accident because of their injuries. Maybe the most important thing to know is do NOT to talk to anyone. I (Alexis) would advise you to report your claim to your insurance and the adverse insurance, but even then I would recommend that you let someone else report the claim because the adjuster will start to ask you questions and you may be confused due to your discomfort. Never give a recorded statement to any adjuster unless you first speak to a lawyer.

Take pictures of anything you can think of that will pertain to the auto accident. Examples of this are pictures of the car, pictures of the car that hit you, pictures of property in the vehicle that was destroyed, pictures of your injuries or of your family member that is injured and pictures of the hospital. You want to take pictures of anything that could later be destroyed or contested. Another example would be debris in the roadway or skid marks where the Phoenix crash took place.

Sometimes it can be uncomfortable to take pictures of a loved one when in the hospital however these pictures will be invaluable to proving an injury or proving the extent of damages in a car accident claim. Many times you are not able to take pictures at the scene of the accident but someone can go back to the scene to take pictures of the roadway. If a family member is in the hospital, a loved one could go to the tow yard or wherever to take pictures of the vehicle.

Follow your doctor’s advice. Many people who are injured in an accident ignore their doctor and do not seek follow up care. It is important that you follow your doctor’s orders and continue with medical care when you are hurt.

Documentation is the key to a car accident claim. If you can take a picture, take the picture, if you are given doctor’s advice, follow the advice or seek a second opinion. if you are unable to work make sure the doctor gives you a note saying to remain out of work. A note from your employer is going to be needed as well.

Lastly, do not speak to the insurance company, especially do not give a recorded statement, and do not sign a medical authorization from the insurance company or any other documents regarding the insurance company obtaining your medical records. This is a brief guide and is just meant to give you some pointers. If you have questions for Phoenix Personal Injury lawyers, feel free to give us a call.

Ahwatukee is a small part of Phoenix Arizona. Although as Phoenix Car Accident Lawyers, we have offices all over the Valley and even in Tucson, we began our law practice in Ahwatukee.

Ahwatukee is located in the southeast corner of the City of Phoenix. Ahwatukee is a great place to raise a family and is probably most known as a safe and affluent community. As one of Phoenix’s 15 urban villages, Ahwatukee has a population of about 85,000 people in its stretch of 35.8 square miles. For those of you who are not familiar with Ahwatukee, Ahwatukee is bordered on the east by Interstate 10, by South Mountain Park on the north, by the Gila River Indian reservation on the south, and by state owned land on the west. Just like most neighborhoods throughout Arizona, unfortunately Ahwatukee has its share of personal injury incidents. In the last few years, there have been many accidents on Pecos Road, which is a relatively new road. Pecos Road seems to attract more accidents because of the lack of lights at some intersections and because it is a wide open road and drivers are likely to speed. Since first built Pecos Road now has speed limits signs up more frequently, cameras to reduce speeding, and more intersection lights have been installed. Nevertheless, it seems this road is one of the road where most accidents in Ahwatukee take place.

In the event that visitors and inhabitants of Ahwatukee suffer injury as a result of another individual’s negligence, either due to a car accident, truck accident, work accident, or another kind of personal injury accident, a skilled Ahwatukee car accident lawyer can be of assistance.

As I (Alexis) am writing this article, we have had our office in Ahwatukee for 14 years. We are a big part of the Ahwatukee community as it has always been very welcoming to us as people and our office.

As we have many clients from Ahwatukee since I believe we are the only team of injury lawyers in Ahwatukee that practice solely injury and wrongful death law, I believe that the most frequent type of injury claim in Ahwatukee does car from car accident. We have seen first hand what the negligence of drivers can do to our neighbors in Ahwatukee. Remember though as car accident victims, you do have rights. It is important that you speak to a lawyer to make sure that your rights are protected. That does not mean you have to hire a lawyer, it just means that we advise you to speak to an attorney to make sure your rights are protected. In doing so, you will make sure that your rights are protected and you will be holding the negligent people responsible for their actions.

Continue reading " Ahwatukee Car Accident Lawyers - Do you need an Injury Lawyer Close to Your Home in Ahwatukee? " »

Phoenix Car Accidents are happening every day. I read about a car accident last night and this morning I by passed an accident. What occurred to me were several things. First, when someone is involved in a car accident many times you cannot tell the extent of their injury. The girl in the car accident this morning was walking around; however, you could tell the extent of her pain on her face and by the people around her. Of course, I was going by at a fast rate of speed so just caught a fast glipse but it is amazing how many times an adverse lawyer will point to the medical records and argue that the person was not injured because basically they were able to move. My point is just that many times you cannot tell the extent of someone's injuries when they are in an accident and that the medical records or police report many times do not reflect the extent of injury as well.

Second when driving by the accident this morning, I thought to myself that although the general consensus is that we are a society full of litigation, the fact is that our system is generally fair. What is most fair currently is that injured victims have access to lawyers now. It used to be if people who were injured could not afford representation, they were unable to hire a lawyer. Now, Phoenix Car Accident Attorneys offer free consultations and contingency fee agreements. A contingency fee agreement is basically where a client and lawyer engage in an agreement by which a lawyer will be owed a percentage of the settlement. Usually the percentage is 1/3 but we have seen many some attorneys charging more and some attorney, who boast to be discount attorneys, charge less.

Let me warn you about discount attorneys. With all due respect, think about it. Would you go to a discount doctor? A discount surgeon? A discount dentist? Most people when it comes to discount services do not feel comfortable. When it comes to products of course everyone wants a good deal. Services though are different. I don't think anyone would feel comfortable if the discount surgeon were going to do brain surgery on you. Is that the doctor people would really choose. Of course, not.

For some reason though discount attorneys still have clients flocking to them. I think the reason is that people think that isurance companies will offer the same amount to any attorney. This is not true. The value of a claim is based on the documentation and the processed by which the attorney has gone through to "prove" the client's claim. If an attorney does not get a witness statement, does not talk to the doctor, does not advise the client correctly, or any other mistake, the client will not get the settlement deserved. Picking the right attorney does make a difference and generally speaking it is my opinion that discount attorneys do not have the time to work up a case compared to other attorneys. I am not saying this is true for every lawyer but generally speaking I think people should be wary of discount attorneys. Further, look carefully at hte contingency fee agreement. Many attorneys will increase their fee at litigation, Our policy is to keep the fee the same whether the case settled or we have to file a lawsuit. You do not want to be put in a position as a client where the attorney has an incentive not to settle your claim.

If you would like an evaluation on your claim, we are happy to speak to you and give you a free case evaluation. As Phoenix Car Accident lawyers, we give free phone consultations and want to make sure that people have a clear idea as to whether they have a case and how it needs to be pursued.

Mark Breyer, Phoenix Car Accident Lawyer, Receives Honor of Being Named Top 100 Lawyers in Arizona

Just wanted to include in this blog an award/honor that Mark has been given by the American Trial Lawyers Association. Mark has been named Top 100 Lawyers in Arizona. This is a very special award especially considering how many attorneys practice injury and wrongful death law in Arizona.

I understand that this is a little more of a press release than a blog post, but that being said, I think it deserves an entry on the blog especially considering that this is a blog about Phoenix Car Accidents.

So there you have it - Mark is a nationally recognized lawyer for his legal abilities. He has received other accomplishments as well but I think he is particularly proud of this one. Of course, as his wife, I feel that I can boast for him and let everyone know what a great accomplishment this award is for Mark and our whole office.

We have been practicing serious injury and wrongful death attorney together since 1996. It all started when we were in a little office and had just 1 child. Now, we sit with our own office building, long standing staff members, a thriving law practice, lots of awards for Mark and 7 children. What an accomplishment!

Mark has also attained the high distinction from the State Bar of Arizona as a certified specialist in injury and wrongful death law. This honor has been awarded by the State Bar to less than 2% of all Arizona attorneys. While any lawyer can claim they are a personal injury lawyer, less than 1 in 50 lawyers can prove their specialty has been demonstrated to the high degree required to achieve “injury specialist” designation from the Arizona State Bar.

That's all for my boasting... So if you need anything in reference to a personal injury claim, feel free to call our office. All of our consultations are free and we are always happy to help.

As a Phoenix car accident lawyer, I (Alexis Breyer) receive calls every day from injured victims wanting a case evaluation. What is interesting is that almost every day in one of those calls the caller tells me that the insurance adjuster told the caller not to get an attorney. As of this morning, I have already talked to two callers who told me that the insurance adjuster told them that they should not call or hire an attorney. The first caller was told that she shouldn’t hire an attorney because the adjuster would offer the same amount to the caller regardless of whether or not she had an attorney. The second caller was told that he shouldn’t get an attorney because why would he just want to give a third of his case to an attorney.

Do Not Trust An Insurance Adjuster Without Speaking to An Attorney

In talking with these potential clients, I do not blame them at all for not calling an attorney until they did. Basically, they trusted the insurance adjuster and until the adjuster did not return their calls and gave them very low offers they had no reason to really doubt her. Until you have been through this experience as an accident victim or have been told horror stories, you probably would have no reason to believe that you should not trust an insurance adjuster.

Unfortunately, now these people are left with low ball offers and in one case hardly getting the medical bills paid, and will probably not be able to find an attorney. Now, let’s look at this in a little more detail. Is there any proof that lawyers get more money and how do lawyers get more money. What’s the secret?

First, I am not sure whether insurance adjusters really believe what they say to injured victims or if they are just lying. My best guess is that adjusters actually really do believe that they would give the same offer to a victim regardless of whether or not they are represented. So no I don’t think adjusters are liars.

An Insurance Adjuster Is Not Your Friend

In terms of proof that lawyers get better results than unrepresented victims if you use common sense it would seem this would be true. Think about it, as the caller I talked to today said, he answered the adjuster a lot with “I don’t know.” Of course, you don’t know. You are not a lawyer and lucky for you, you have never been through this before. In contrast, the adjuster has been through this before and is trained by someone to know all the ins and outs. In fact, think about it.

An insurance adjuster is trained not to give a victim more money but quite the opposite. Why is an insurance company in business? Not to give victims more money that’s for sure. An insurance company is in business to give out as little money as possible and that is their goal in every case that they handle. So keep that in mind if you know someone who is injured or if you are ever the unfortunate one to get injured. Bottom line, is the insurance adjuster is not your friend and never will be. The insurance adjuster will never have your best interest in his thoughts. His/her only thought will be how do I get this file to a point where I can give out as little money as possible.

Hiring An Experienced Auto Accident Lawyer Means You Have a Trusted and Loyal Guide On Your Side

In contrast, when you hire a lawyer and let’s assume if you are seriously injured you hire an experienced attorney who knows what they are doing not someone who is practicing family law and saying they practice injury law! Assuming you consult with an experienced attorney (of course, like our office!) assuming this, you have an experienced guide on your side. Once you hire a lawyer who is experienced in Arizona injury and wrongful death law, you can be worry free.

I am pretty sure that most experienced lawyers know much more than any insurance adjuster. Lawyers know the law. They won’t get pushed around by the insurance adjuster. Lawyers don’t trust insurance adjusters when they say things as they already know what is true and what is not. Lawyers are going to know how to process a claim to get the best settlement. Lawyers will have the injured victim get the documentation that is necessary to get the best possible settlement.

So maybe the adjuster believes they would give the same settlement, but the fact is with an experienced attorney you would not be comparing apples to apples because an experienced attorney would have at their disposal much more information to prove the claim in comparison to an innocent victim who has never been through the legal system before.

Insurance Industry Study Showed Unrepresented Victims Got Less Money In Their Pocket Than Victims Who Hired A Lawyer

In addition, there has actually been an insurance industry study as to whether or not unrepresented victims get more money by handling their own claim compared to those who hire an attorney. Guess that they study found? The study found that those represented by lawyers had a higher rate of recovery for themselves than those who chose not to hire lawyers. That is, claimants who hired lawyers got more in their pocket than claimants who chose to trust the insurance adjuster.

Handling a personal injury claim is complex. Ask yourself do you know what coverage’s apply, do you know what subrogation means, do you know what balance billing liens are, do you know how to hire an expert, what happens if you get a low ball offer how are you going to file a lawsuit, if you aren’t a lawyer can you even threaten a lawsuit, how do you know how to negotiate your claim, and there are so many more questions. I thought the caller I spoke to earlier made a good point though and that was once I said, “I don’t know” so many times it then occurred to me I should consult a lawyer.

Take Advantage of an Attorney's Free Consultation

The great thing about injury lawyers now is that most of us offer a free consultation. So injury victims have nothing to lose but a few minutes of their time talking to a lawyer. You may think from this article that I think all injury victims should have a lawyer. Actually, that is not true. I am only an advocate that all injury victims should speak to a lawyer before they pursue their injury claim. It is important to know what hidden deadlines to beware of and what to watch out for when speaking to an insurance adjuster. Most seriously injured victims I do think are most better of by hiring a lawyer, but the bottom line is everyone should have a free consultation with an experienced attorney so that they have all the information necessary to decide how to pursue their claim. As Phoenix Car Accident Attorneys, we offer free consultations so if you ever have questions feel free to call our office. What you can expect from our office is honest answers with experience behind every word.