Phoenix Car Accident Attorney Blog

As Arizona car accident attorneys, we see too often the effects of not having enough car insurance coverage. Without adequate coverage, bills might not get paid, and claims might not be awarded.

If the at-fault driver has no insurance, which unfortunately happens frequently, there may be no way to pursue compensation. It is important to be prepared in case this happens to you by purchasing underinsured and uninsured motorist coverage. By purchasing this extra coverage, you are protecting yourself in the event that you are hit by an uninsured motorist. Your insurance may be able to cover your needed compensation.

If you use your car for work purposes, such as for making deliveries, there are a few other things of which to be aware. After an accident that happened while you are on the clock, worker’s compensation will typically become involved if you are not at fault. Your personal car insurance will cover you in almost any case if you are at fault. If most of the driving you do in your car is for work purposes, it is a good idea to let the insurance company know how many miles a month are driven and to possibly have an umbrella policy.

Continue reading "A Few Things Everyone Should Know about Car Insurance" »

As car accident lawyers we received many calls each day seeking advice regarding auto accidents. Many times we are told that the caller asked the insurance adjuster what they should do in terms of handling the case on their own or if they should contact a lawyer. It is the job of the insurance adjuster to give out as little as money as possible. Everyone should remember this. This is not to say that all cases do need a lawyer just it is our advice that all people should consult with a lawyer. Or, I should say that you should not be looking to an insurance adjuster for legal advice.

Insurance companies deter people from seeking help from a lawyer and many times scold them for thinking about hiring a lawyer. Think about it why would an insurance adjuster be so adamant in a claimant not hiring a lawyer. The insurance adjuster wants to prolong as long as possible for the claimant to hire a lawyer.

Insurance companies use every strategy to make sure you don’t receive the fair settlement that you deserve. It has been statistically documented from an insurance company investigation that you have a higher chance of reaching a higher settlement when you hire an attorney. For these reasons, it is important to hire an Arizona personal injury lawyer to advice you in the steps you need to take to receive your full compensation from your insurance company. Investigations by insurance companies have shown that claimants with a lawyer receive higher than a third more than claimants who are not represented. Typically attorneys charge a one third contingency fee agreement. That means that attorneys earn more than their fee and that ultimately the client ends up with more money. This does not even include the liens that attorneys negotiate for clients which puts even more money in their pocket.

If you have been hurt in an Arizona car accident, you can feel free to call us for a free consultation or you can read our Arizona car accident book, The 13 Biggest Mistakes Than Can Destroy Your Injury Claim. We detail the 13 ways that you must be careful not to destroy your claim. We do all the work for you by providing the do’s and don’ts for tackling your accident claim. And best of all, it’s free! Remember, Mark is a certified specialist in injury and wrongful death law and there are only 2% of attorneys in the Valley who are considered experts by the State Bar of Arizona. It is important not only to talk to an attorney but to choose someone who is knowledgeable and will have the correct answers for you.

Mesa car accidents and truck accidents require very different follow up when you have been an injured victim. One of the differences between a car accident and a truck accident, is that it is absolutely necessary for the victim or their attorney to submit to the trucking company a spoliation letter. A spoliation letter tells the trucking company that they have to hold onto the evidence and are unable to destroy anything. In many cases, trucking companies destroy the actual truck involved in the accident, or any other pertinent evidence, to get rid of any proof that they know would show that they were at fault for causing the accident. Therefore, sending the trucking company a spoliation letter would thereafter hold the trucking company accountable for keeping the evidence. A spoliation letter also requires the representatives for the trucking company to hold all necessary documents that prove that the truck driver was responsible for the accident. We have had many cases where spoliation letters made the entire different in the case. Many times when we send spoliation letters the trucking company will still destroy the evidence however when we are able to show that the trucking company received the spoliation letter we are then able to get evidence into the courtroom that we may have otherwise not been able to.

The question becomes why do trucking companies want to go as far as destroying evidence from a car crash when they know that it will come back to haunt them. Many times, the trucking companies will get away with destroying the evidence because they do not receive a spoliation letter or because the spoliation letter is not effective and complete. Many times trucking companies destroy the evidence because they bank on the fact that juries often times will not believe or be persuaded that the trucking company deliberately destroyed the evidence. Having the spoliation letter though signed by a trucking representative that they received it further helps to show that the trucking company on purpose destroyed the evidence.

After a car crash, especially when someone is seriously injured, it is important to have a complete and legally valid spoliation letter sent to the trucking company. Every case is different and typically each spoliation letter will be different as well.

Do you have an experienced Mesa Arizona car accident lawyer on your side? It is vital if you are seriously injured in a trucking accident to make sure you at least speak to an experienced injury lawyer in Arizona. If you do hire an attorney, make sure to ask the lawyer for a copy of the spoliation letter so you can review it to make sure that all the details are accurate. Some attorneys who take trucking accident cases are unfamiliar with the important or legalities for spoliation letters. If you have been seriously injured it is important to make sure you are hiring someone with the experience necessary to handle your serious injury claim.

Mesa car accidents happen every day but they do not happen every day where they are intentional. Today I got a call from a man who sits on a homeowners association board and a homeowner ran him over with his vehicle. This type of behavior is astonishing. The caller wanted to know what was the best way that he could proceed.

Under motor vehicle law in Arizona, there is a big difference between intentional acts and criminal acts. In fact this is probably true with most civil cases in terms of whether or not insurance will cover. Of course, you can pursue the negligent person whether or not there is insurance, but typically when an Arizona lawyer is involved it is because they are going after an insurance policy.

A lot of what an attorney does is find different policies when someone is seriously injured from a motor vehicle accident in Arizona. Above that, attorneys also negotiates liens, talks with doctors, requests specific reports, preserves evidence, and deals with insurance companies who treat people unfairly.

Many people do not realize as well that the prosecutor actually has the say so in whether or not a person gets pursued criminally. The victim has no say in whether or not the prosecutor initiates criminal charges against the perpetrator. With that being said, we still always recommend that the injured person call the prosecutor to let the prosecutor know that they were injured.

You do have to remember though as a victim person if the person who hurt you is found to be criminally negligent that may void out any liability on the part of their insurance company paying. Most insurance policies say that they will only pay for negligent acts not purposeful and intentional acts. Therefore, when you are injured you will have to decide whether their act was negligent or whether it was intentional. Typically the cases that we deal with, the acts are negligent and therefore we can recover the monies from the insurance. Even when it has to do with an assault many times, the act is still negligent even though the person might have swung a fist or something like that. The reason it is still considered negligent under the law is that someone might swing a fist to hit another person, for example, but they do not intend to hurt the person seriously. That is, it is all about the person’s intent.

In this particular case it does appear that the person who hit the man with their vehicle was doing so with intent to hurt but even then it is hard to say without getting more evidence.
Our office serves all of Arizona.

We are known as The Husband And Wife Law team and we handle car accidents in Mesa and are motor vehicle accident attorneys in Arizona. We also handle motorcycle accidents throughout the Valley as well. We have an office located in Mesa for motor vehicle auto accident victims so that they have easy access to come to our office.

We also have an office located in the east valley in the Chandler, Ahwatukee, Tempe, area that is closer for people who have been in an accident in these areas in the easy valley, such as Ahwatukee, Chandler, Tempe, Maricopa. We started as Ahwatukee car accident lawyers in 1996. Our first office was in Ahwatukee.

We still have an office currently in Ahwatukee as well. Insurance adjusters know that we are car accident lawyers in Chandler and car accident lawyers in Tempe as well. Our Ahwatukee office is just a few minutes from Chandler and Tempe Arizona. If one of our offices is not close to you or near you and you are seriously injured, we are able to visit you in the hospital or come to your home as we understand that when you are seriously injured because of an accident it is difficult to come see a lawyer.

Many of the cases we accept are in the Glendale area as well. As Glendale car accident lawyers, we receive many calls each day from people on the west side who have been injured. As lawyers in Avondale who handle car accidents in Avondale Arizona we have help a lot of people in this part of the west side as well. We do have an office in Avondale Arizona and can meet people there if they live close to this area and this is more convenient. Peoria car accident lawyers and Sun City car accident lawyers we are available as well to help people who live in this area of Arizona. Recognized through out the Valley as Arizona car accident lawyers, we also help people in Scottsdale, Phoenix, Paradise Valley and Fountain Hills.

Although there are a lot of Arizona car accident lawyers, Mark has received recognition for Top 100 Trial Lawyers in Arizona and has received top ranking from Martindale-Hubbell which is a renowned legal source for more than 100 years. There are also many Scottsdale car accident lawyers and we are available to help those who have been injured in an auto accident in Scottsdale as well as all the other cities listed above. We are not near Bullhead City, but we still consider ourselves Bullhead City car accident lawyers, as we have clients who have been injured in Bullhead City.

Many clients who are injured in Bullhead city are brought to Vegas Hospitals. We have visited clients in the Vegas hospitals before. If you believe that you need an accident attorney to protect you, give us a call even if you have been hurt in Bullhead City. Do not let the distance from Phoenix scare you as we can still come to you. There are many car accidents in Gilbert as well. Our Mesa office is located near Gilbert so as Gilbert car accident lawyers we are still able to help protect your rights as well.

Remember when you are looking for an attorney, you are not going to spend a lot of time in your attorney’s office regarding your car accident claim. The most time you will spend is the initial visit and then after that you will mostly have telephone appointments. Certainly, for our office we encourage clients to call and come by but it is not necessary.

It is most important you pick an excellent lawyer that you have trust in and know that those Arizona injury lawyers will do a great job for you rather than pick an auto accident attorney just because they are a few minutes from your house. The outcome of a personal injury claim can be life changing so it is very important that you feel very comfortable with your injury lawyer and that you trust that you have made a great decision when you hire the attorney.

Mesa car accidents often result in drivers and passengers being seriously injured in auto accidents. Many car crashes often result in the wrongful death of an innocent person by the negligent of another driver.

When you or your loved one is involved in a serious car accident in Mesa Arizona it is important to consult with an experienced lawyer. Mark Breyer has top rating by Martindale-Hubbell, a renowned lawyer source for more than 100 years. He also has top ranking from AVVO, a legal ranking company. Mark has recently received an award by ATLA for Top Trial Lawyers In Arizona. Mark also is an expert in injury and wrongful death law as certified by the State Bar of Arizona.

The State Bar of Arizona has certified less than 2% of attorneys in the Valley, including auto accident lawyers in Mesa, Arizona. To be certified as an expert in injury and wrongful death law by the State Bar of Arizona you must show high qualifications, pass an exam, receive ratings by Judges and other attorneys in Arizona, as well as show the requisite amount of trial experience and cases handled in injury and wrongful death law.

As The Husband And Wife Law Team and car accident lawyers in Mesa, Arizona, we pride ourselves as giving our clients the Breyer Law Experience. All our clients receive top notch legal service as you would expect from a certified specialist as well as the client service that they deserve. We offer a no fee guarantee for all cases that we accept. We only handle serious injury and wrongful death claims but can help you if you call and set you in the right direction.

Unlike most law offices, even if we cannot help you we will try to find an attorney that can help you or give you a free consultation on your claim. We also have an injury book that we offer free to all Arizona residents. We do not charge a fee unless we settled your claim and we advance all costs. We have the resources necessary to hire the best experts and process all of our cases to the fullest to receive the best settlement. Call us anytime. We are here to help. Call Now!

Mesa auto accidents and motorcycle accidents happen every day. We currently have an office in Mesa, Arizona but we also have offices throughout Arizona. We serve clients Statewide. As Accident lawyers in Mesa and in Arizona, we began our law practice in 1996. We originally began our office in Ahwatukee, Arizona. Our office has grown because of our successes. We however still stay true to our original concept when beginning our office, which is to give the best client service with the best legal service as well.

Whether you are involved in a car accident in Mesa, Arizona or anywhere throughout the Valley, we are able to help you. We do not just hand off your automobile or motorcycle case to an associate or a paralegal, we take the lead in the case and always speak with our clients. Of course, we have excellent experienced paralegals that we work with but when you need to talk to a lawyer, you will speak to us and not have trouble reaching us.

As attorneys who practice injury and wrongful death law in Arizona, Mark Breyer is a certified specialist by the State Bar of Arizona. This signifies that the State Bar of Arizona has certified him as a specialist and expert in Arizona injury and wrongful death law. Auto accident lawyers in Mesa Arizona can help injured victims get their fair compensation. Less than 2% of attorneys in all of Arizona, not just car accident lawyers in Mesa, Arizona are certified specialists in injury and wrongful death law. Therefore, this is an amazing accomplishment by Mark. It shows the success that we have had but more than that it is a testament by Judges and other attorneys around the Valley that Mark is a competent lawyer who has the trial experience and experience to handle injury and wrongful death claims.

If you have been injured in an accident in Mesa, Arizona or just have questions please do not hesitate to give us a call. Although we are selective in the injury and wrongful death cases that we are able to handle, we will give you advice and point you in the right direction.

We serve all of Mesa Arizona and all cities statewide in Arizona. We handle car accident claims in Mesa and if you are unable to come to our office in Mesa we can come to your hospital or to your home. We recognize that when you are seriously injured it is difficult to come to an attorney’s office.

We offer a no fee guarantee and you can reach us 24/7. Feel free to call anytime. We are here to help and you can rely on the "Husband And Wife Law Team."

After an Arizona car accident, whether it be in Mesa, Chandler, Tempe, Maricopa, Apache Junction, Scottsdale, Glendale, Sun City or any other place in Arizona you must file a claim with the adverse party, and I (Alexis) recommend that you file a claim with your own insurance as well.

I have had many people through the years call me after their statute of limitations has run for their Arizona car accident only to learn that filing a claim is not the same as filing a lawsuit. Filing a claim for an auto accident means that you talk to the insurance company, given them all the information, and let them know that you were injured in the auto accident. Usually, the insurance adjuster will call you for status of your medical care or they may discuss your claim with you. As I always say, it is important to remember that the insurance adjuster is not your friend. This is an adversarial relationship. You want what is best for you and the insurance company wants what is best for them. What is best for the insurance company? To settle a case for as little as possible.

Filing a claim is just that – talking to the insurance company. There are many different statutes of limitations. The statute depends on the type of claim. Some car accidents have a 180 day statute of limitation, some a 1 year statute of limitation and some a 2 year statute of limitation. For other injuries the statutes can vary as well. When a minor is involved the statutes can differ also. It is important to always consult with a lawyer to make sure you at least get an evaluation of your deadlines for your case.

If you are simply negotiating with the insurance adjuster and the statute is arising, it does not matter. You have to file a lawsuit or settle the claim before the statute of limitations. If you are negotiating and the statute is coming up, it does not matter. Negotiating with an insurance adjuster on a car accident claim does not stop your obligations from dealing with the statute of limitations.

Under the law, a person who makes an injury claim in Arizona is held to the standard of knowing all the laws. It is not enough to say as someone recently did when they called me that they were not aware of it. The person who called said no one warned her of the statute and she didn’t know. Unfortunately, this is not a defense to missing a statute of limitations.

Technically based on the Department of Insurance, an insurance adjuster is supposed to tell you the statute of limitations, but many times they tell you in a letter immediately following the auto accident in Arizona so people do not really understand what this letter means. Also, the problem is that even if the adjuster or insurance company does not tell the person who was injured in the car accident in Arizona, there really is no recourse against the insurance company as there is no legal punishment for the adjuster. Therefore, the bottom line is do not rely on the insurance adjuster to tell you what your statute of limitations are for your case. The truth is many times the adjusters don’t even know so once they hand the file over to an attorney, the attorney might make a legal argument that the adjuster did not even know about.

Filing a lawsuit is where you actually have papers that are filed with the Court. This is the only way to preserve and protect your claim in regards to the statute of limitations. You can file a lawsuit and not continue with it, but it is necessary to continue negotiations to show the adjuster that you have filed the lawsuit. When filing a lawsuit, it requires a fee, a cover sheet, a summons, and what is called a certificate of compulsory arbitration. These documents all need to be filed with the clerk and when filed the clerk will stamp them and give the case a number. This is the number an adjuster will be looking for once the statute of limitations date passes.

If you have any questions about your statute of limitations and want a deadline review of your case, feel free to call our office.

Mesa Car Accident Lawyers is part of what we are. We actually serve the entire Valley. I focus on Mesa in this blog because I received several calls today asking where our law office was in Arizona. So there you go. The above is our address. We have other offices through out the Valley so if you have any questions just let us know.

Do you know what a certified specialist in injury and wrongful death law means? In short, the State Bar of Arizona awards certain lawyers as being a certified specialist in the area of injury and wrongful death law when they have proven that they have had ample trial experience, recommendations from Judges and other lawyers in Arizona, as well as passing a specialist exam. Also, certified specialists do not maintain there specialist certification forever. They have to reapply and continuously show that they are litigating cases and have an active practice in personal injury law. To find about more about the qualifications of a lawyer being awarded a certified specialist distinction visit the Arizona State Bar. There are only about 2% of Arizona attorneys who are considered specialists by the State Bar of Arizona. In fact, if you are not a specialist you are not considered an expert by the State Bar.

Mark Breyer of the Husband and Wife Law Team is a certified specialist in injury and wrongful death law. It is a great accomplishment and a testament to our successes! If you have been involved in an auto accident in Mesa or anywhere in Arizona do not hesitate to give us a call. We help injured victims and are injury lawyers in Mesa and we also help individuals throughout the State of Arizona. To find out more about our office, call for a free consultation or visit our website.

An Arizona car accident occurred in 2006. It involved a young girl who had just turned 18 years old and another driver, who had run a read light. As car accident lawyers in Mesa, Chandler, Avondale, Peoria, Tempe, Ahwatukee, Scottsdale, Glendale, Sun City, Phoenix, and as you know we serve injured victims through out the Valley - many of the claims we handle deal are with drivers running a red light. Running a red light causes many car accidents in Arizona. In fact I have never done the statistics of our own cases in terms of what types of car accidents cause the most claims in our office, but off the top of my head I would probably say running red lights and failure to yields. Of course, car accidents in Arizona come in all sorts of ways.

So back to the story. A young girl is driving. An innocent driver when all of a sudden she is stuck by a driver who has not only run a red light but is totally drunk. The police come to the scene of the accident. Luckily some witnesses stay, but most of the people who witnessed the car accident in Arizona left the scene. As a side note, if you ever do witness a car accident it is so vital to stop and let the police know. We have had many cases where the driver says he had a green light or did not fail to yield, whatever the case may be, basically where the driver at fault denied liability, and if it were not for a witness the police would not deem anyone at fault. Regardless of what the police determine, as personal injury lawyers in Arizona, it is a lot harder to prove fault when a driver does not admit they are at fault and there are no witnesses. At that point sometimes, it can become a he said-she said dispute in proving who is at fault for the auto accident. That is when accident reconstructionist experts and other experts come into play to prove to a jury or judge that our client was not at fault.

The police are at the scene of the auto crash in Arizona and the young girl is seriously injured. She cannot get out of the vehicle. She is trapped in the vehicle. She is in serious pain. She will face many surgeries and as much as physical pain she will undergo just as much, if not more, emotional pain, from dealing with all the physical injuries. Meanwhile, the drunk driver gets taken away from the scene. He at least admits fault, of course, he is drunk. He is taken into custody. Both vehicles are towed from the scene and the young girl gets taken by ambulance to the hospital to face all her surgeries while the drunk gets taken to prison. Prison, a place he had already been and should have stayed from causing other car accidents in Arizona.

The injured girl’s vehicle is taken care of. Her parents called the insurance company and ultimately the vehicle was totaled. It didn’t really matter because the girl would not be able to walk for many months but at least the vehicle was not sitting in storage and accumulating charges against the injured victim.

The parents talk to their daughter and tell her to hire a lawyer. They explain to her that she needs to be protected. She has a high amount of medical bills and had no surgery. The daughter tells her parents that she is not ready to file a claim. She tells them emotionally it is all just too much and she doesn’t want to deal with it. The parents do everything they can to convince her to hire an injury attorney but since the daughter is 18 it is ultimately her decision as she is not a minor. The daughter says she doesn’t want to talk to an accident lawyer in Arizona because she has already talked to the prosecutor and it is all taken care of so she is set. The parents again plead to have her just consult a lawyer but she refused. Eventually, the parents give up and all through the while they have continued to support their daughter.

Fast forward four years. The girl still cannot walk like she used to. She has been through multiple surgeries. Emotionally she is a mess but much better than she was at the time of the car accident. It just took her a long time to get back to her emotionally stable point. Now she is ready to consult with an Arizona personal injury lawyer. Now she wants justice.

She decides to call an injury and wrongful death lawyer in Phoenix and guess what she reaches our office. She asks can she pursue a claim. She is crying through out the conversation because it is still emotional for her, as would be expected. When I tell her that it is too late she is shocked. How can it be too late? She tells me the prosecutor told her that the prosecutor was pursuing her claim for her. I go over the statute of limitations for car accidents in Arizona with her and try to see if there is any way that the statute could not have passed. There is simply no way. She could have hired a lawyer. She could have got to the Court house to file a claim. She was not a minor. She herself had no insurance so it was not a matter of underinsured just the claim against the adverse driver for causing the collision in Arizona. Such sad news to tell someone that now when they are ready to pursue justice, they cannot because they waited too long. That her parents were right – nothing a daughter wants to hear. I know as a parent myself those are the last words kids want to hear – that their parents were right!

Anyways, as an injury lawyer in Arizona, I bring this scenario to everyone’s attention because it is a perfect example why all injury victims should consult with Arizona personal injury lawyers. This girl has been misled or mistakenly understood that the prosecutor was filing the claim for her. She was unaware of the statute of limitations and now sits with thousands and thousands of dollars of medical bills because she did not simply talk to an injury lawyer. I do commend her for focusing on her emotional pain and doing everything she could to heal and not having that feeling of running out to get a lawyer. The thing is because of the adversary relationship with injured victims and insurance companies, in order to protect yourself as an injured victim of a car crash in Arizona it is necessary to seek a consultation with an injury lawyer. This is my attempt at letting everyone know the important of just consulting with a lawyer, especially after a serious car accident. Also, for all those claimants out there that think the prosecutor is filing your claim – almost always that is not correct. Prosecutors handle criminal investigations and matters, and yes it is true that they will prosecute the drunk driver for the injured victim. When it comes to a civil case against the driver though for pain and suffering that is what a personal injury lawyer in Arizona handles.

Arizona car accidents are happening all over the Valley. I received a call yesterday from a sister whose brother had been seriously hurt in a motor vehicle accident about 15 months prior. The brother had been T-boned by another vehicle and was taken by ambulance to the hospital. Since the time of the accident, the brother was not able to work because of the injury. The brother had ordered a copy of our book and was calling for more information.

Our Arizona Accident book was actually written to provide people with information. Many people are unaware as to how the claims process works so we just wanted to give people more information on what happened when you are involved in a personal injury claim in Arizona. The book does not just go over car accidents, but many other injury claims as well. The book is not meant to be in place of a lawyer or a consultation with a lawyer but was just meant to let people know how insurance adjusters process claims and what mistakes to look out for. The book talks about the 13 biggest mistakes that people make in pursuing their claim. When I got off the phone with the sister she told me that her brother had fallen trap to a few of the mistakes we had talked about in the book. Needless to say we may still be able to help the brother, but the brother has to call so we can go over more details.

In any case, the reason I bring this up is what I have noticed more and more is that our book does not just give people information about our legal system and dealing with adjusters but in explaining the legal system it seems to explain to people why it is OK to file a claim. Many people who call our office at first felt guilty about filing a claim for an injury out of a car accident or motorcycle accident in Arizona or any other personal injury claim. After they read our book, even the most religious, tell us that they are really glad they read the book because they have a better understanding of the legal system in Arizona and also understand that it is OK to file a claim and it does not make a person a bad person to file a claim. This is what our legal system is all about. Further, this is why we all buy insurance. Lastly, in filing a claim you let the person or company know that they need to stop the behavior or fix the behavior and make it right so that no one else gets hurt.

Not all claims are legitimate. We certainly recognize this. Not all claims are worth pursuing. Not all injuries are serious. For those people who have sustained serious injury remember that people pay for insurance in case they hurt someone by accident. Also, the only way a person or company will drive safer or put steps in place to hire safe drivers or other reasons that accidents are caused is if the people or families of the injured people stand up for their rights and let the negligent people know that they were hurt and that they need to make whole as much as possible the injured person. If people do not stand up to the person or company who caused the harm then other people will continue to get hurt.

Our recommendation is not that all people file a claim or file a lawsuit, but that all injured people talk to an Arizona personal injury lawyer and go over their options to make sure that their legal rights are protected. Most injury lawyers in Phoenix, and all over the Valley include Ahwatukee, Glendale, Chandler, Tempe, Apache Junction, Scottsdale, Maricopa, Laveen, South Phoenix, Avondale, Sun City – did I miss any where? We get calls from all over the Valley even Tucson so I want to let every one know that most Arizona injury lawyer, certainly our office, offer free consultation and a no fee guarantee where we will review your case – especially it is important to review your deadlines for your case – and let you know what you have to do to make sure your rights are protected. It is my goal by this blog entry to just entice people to review their legal options with a lawyer to make sure their rights are protected. I am not saying you have to go run out and file a lawsuit or file a claim, just make sure your rights are protected.

The sister who called me by speaking to me found out that when a person is injured they have to file a lawsuit or settle their claim within one year – which the brother did not do! If they do not file a lawsuit or settle the injury claim within one year and they have workers compensation, then they need to get a reassignment from worker compensation as in the second year of an injury claim where there is a workers compensation claim as well, the claim becomes that of the workers compensation claim. So now the brother will know that he needs to get a reassignment before going any further and then a lawsuit or settlement can be had with the adverse driver. Further, we discussed that a potential underinsured claim may exist as well and that underinsured claims have different statute of limitations than when dealing with an adverse party. These are just some of the deadlines for the brother’s personal injury claim that we reviewed. At least the brother should know the deadlines and then have the option of deciding whether or not to pursue a claim. Had they not known they could have let the statute go and never have known about the need for a reassignment. In fact, a workers comp carrier does not have to give a reassignment so if the brother does decide to pursue a claim, he will still need to hope that the workers comp carrier gives him the reassignment.

Don't forget to check our more information on our injury book and the mistakes that you can make when pursuing a personal injury claim in Arizona.

Phoenix car accidents happen every day of the week which is why our office is always accessible. As you know we have 7 kids. I (Alexis) just came back from 1 baseball game, 1 soccer game, 1 basketball practice, 3 basketball games and Mark just left to take our oldest son to his basketball game! What a busy day already! Oh and I forgot we took 2 of the kids to a chess tournament in the morning. Anyways, it’s always nice I think to have some insight into the weekend lives of the attorneys you might currently be trusting or may one day be trusting to handle your serious accident claim.

Caller Case Scenario

In between games I received a call from an Arizona resident who had just been involved in a car accident. He actually rear ended another vehicle. He said the person in front of him sped up then slowed down and so he rear ended her. He said there was minimal damage to her car, he was guessing about $200.00. The person he hit was complaining of neck pain. The police never came and they moved their vehicles about a half mile from the scene. He gave me all these facts and said, “What do I do?” The one thing he was most concerned about was his license was suspended and he wanted to know what effect that would have on the case.

Can A Person Who Drives On A Suspended License Make a Personal Injury Claim?

Most people think that if you get in a car accident in Phoenix and you are driving on a suspended license that you cannot make an injury claim or that you will immediately be deemed at fault. Many people who are illegal in this country think they can’t make a claim either. Actually, all these people are wrong. The fact that someone is illegal or driving on a suspended license – or no license at all – has no relevancy in a personal injury claim in Arizona. Actually, I should say almost no relevancy. Every Arizona personal injury claim is different of course. If the person wants to make a lost wage claim and they are an illegal immigrant then the lost wage claim gets a little complicated. If they however just want to make a personal injury claim the fact that they were driving with no license or a suspended license will never come into Court. At least by the rules of evidence it will should never come into Court.

How Does Evidence Get Into The Arizona Courts?

In order for it to come into Court someone would have to prove why driving on a suspended license had anything to do with how the accident happened. Typically, there is no evidence that can be proven to correlate fault and driving on a suspended license so that is why driving on a suspended license or being an immigrant never comes into evidence.

If You Get In An Arizona Car Accident Should You Call Your Insurance company?

With respect to the above callers case, he should call his insurance company and they will take it from there. The fact that she only had $200.00 of property damage is something that the Arizona insurance company will pick up on and will most likely use to argue that the person who was rear-ended was not in fact hurt. In this scenario, it may very well be that the person was not hurt, but many times even when there is a couple thousand dollars worth of damage or more and the vehicle does not look like it sustained that much damage, the insurance companies use the lack of serious vehicle damage to their advantage.

Does the amount of property damage have to do with how serious a person is injured?

It does not always correlate the amount of damage to the seriousness of the injuries. There have been many times that this has worked for us and again us. In one case we had many years ago where we went to trial, a tow truck cut off the roof of our client’s vehicle. Obviously, showing big pictures of our client’s vehicle with the roof cut off makes an impression. In the opposite, this has been used against us where our client was hurt but the vehicle did not look like it sustained a lot of damage. It is just something to keep in mind that just because a car is totaled does not mean the people inside of the vehicle were hurt and likewise just because a car did not look like it had serious damage, does not mean that people inside the vehicle cannot be hurt.

Always get the advice of an Arizona personal injury lawyer - What you know can't hurt you but what you don't know can hurt you - and destroy your injury claim

In any case, if you are ever at fault for an accident, it is almost always a good idea to immediately report it to your insurance company. In fact, some insurance policies say if you don’t report the accident immediately they may not cover the damages incurred. Let the insurance company deal with the injuries to the other person. If you are seriously hurt in a car accident in Arizona and are driving on a suspended license or are an illegal immigrant remember you still have rights to a personal injury claim. Whether you choose to pursue these rights and be protected by an attorney is up to each individual person. Some cases are worth pursuing and some personal injury cases in Phoenix are not worth pursuing. What is best is to talk to an Arizona accident lawyer and get some good advice!

When you are involved in a Phoenix car accident it is important to always make sure that the police come to the scene of the accident before you leave. Let me tell you about a call I received today. A woman called me who was a passenger in a vehicle and her husband was the driver. Another vehicle in front of them was driving a vehicle with a big camper attached. Somehow the camper became undone and rolled backwards into the caller’s vehicle. The car accident happened in Phoenix and it had happened about 7 days prior to her calling.

The caller indicated that her daughter was having a lot of emotional anxiety because of the car accident. Her husband had a lot of soft tissue pain and she had over all body ache pain as well. The camper had gone backwards at a pretty good rate of speed and their vehicle had incurred a significant amount of damage but was drivable.

She said they wait for 2 hours for the police to come and the police never came so the driver of the car carrying the camper told the caller that he knew a repair shop and to follow him there. The caller followed the adverse driver to the repair shop and a person at the repair shop was going to do an estimate. An estimate was done and the at fault driver told the caller he would call them.

He didn’t give any of his insurance information. The police never came. The caller and her family are hurt but never went to the doctor because they thought they would get better. And Guess What? The caller has been calling the adverse driver and he won’t answer the phone at all and she has no other way to contact him other than his name and number. She called because she wanted to know what she can do.

Well no use crying over spilled milk but in the future always wait for the police and always make sure a police report is completed. Call the police again if they don’t come. Luckily for this woman she has her own insurance and they were not that hurt. Whenever there is a delay in treatment it makes the claim very difficult to prove especially when the delay is when the person never went to the doctor until a while after the accident. This is not a case that we would accept anyways because we handle seriously injury and wrongful death claims in Arizona; however, I gave her some tips on how she can locate this guy and what needs to be done to get her car fixed.

This scenario is just a reminder to everyone that if you are involved in a car accident make sure to get as much information as possible from the driver and make sure the police come down to complete a police report. Double check that the police get as much information as possible as well from the adverse driver. As always if you have any questions on an Arizona car accident call our office. We are Arizona car accident lawyers and personal injury lawyers and wrongful death lawyers. We offer a no fee guarantee which means that we do not charge anything until we win your case. Stay tuned for further real case scenarios.

As Arizona injury and motorcycle lawyers, we have many clients who have been seriously injured in motorcycle accidents. I was talking to a client who came in on Friday to sign his settlement documents who had been involved in a motorcycle accident. In his accident he was travelling through an intersection when another vehicle did not stop and ran the stop sign and collided with our client. The client said he saw the wife of the driver put her hands on her head anticipating the collision. Unfortunately, she was not able to let her husband know prior to him running the stop light and colliding with our client.

One thing that we were discussing is that this was not a motorcycle accident. In technical terms this was a motorcycle accident but it was not a motorcycle accident in the way that most of us picture what a motorcycle accident is when we say those terms. I (Alexis) think most people when they say motorcycle accident think the motorcycle driver was the cause of the accident. For some reason drivers of automobiles do not like motorcycle driver or bicycle riders for the majority either. Most witnesses we see on police reports say the motorcycle rider or cyclists “came out of nowhere.” I think it seems like the rider came out of no where because many times the driver is not paying attention enough to see the motorcycle rider or the cyclists. It takes extra special attention when driving.

I think the client is right though that we have to remember this Arizona deadly motorcycle crash was not an Arizona motorcycle accident, it was innocent motorcycle riders stopped at a red light when another driver just rammed into them. There was no accident about this Phoenix motorcycle crash and as injury lawyers and people we need to remember that this was not an accident.

Many more facts will start to come out as in all Phoenix motorcycle cases. When it comes to a fatal motorcycle accident in Arizona, it can take months for the police to conduct a full investigation and issue the police report.

At this time, it appears that Michael Jakscht, the driver of the dump truck, was found to be on illegal drugs at the time of the accident and his bail has been set for what we heard was $1,000,000. he is currently held at the 4th Avenue jail in downtown Phoenix.

Initial police reports are indicating that the toxicology reports showed Jakscht had drugs in his system at the time of the motorcycle crash.

Victims and victims’ families are starting to speak out. Jason Anania suffered from a shattered leg, bruises back and sore shoulder. One paper quoted him saying that his physical pain is difficult but his emotion pain is difficult as well. This is not uncommon for victims of motorcycle accidents to feel. Physical pain is visible to others but emotional pain is something that is just as serious.

Many of our clients who are involved in motorcycle crashes in Arizona have emotional injuries that are very difficult to overcome. Many clients request that they seed the help of a doctor who can help them with their emotional injuries. In fact, one doctor that we work with actually takes victims out on the roadway again as one of the emotional factors besides feeling guilty for being a survivor is having a hard time getting back on a motorcycle or in an automobile after a serious motor vehicle accident.

We cannot bring all these innocent motorcycle riders back to be with us and our legal system is not a tooth for a tooth and an eye for an eye, but if all of the reports are correct, it sure seems that a legal system like that would be fair. Drivers cannot use illegal drugs and kill innocent people and get a slap on the wrist. This driver needs to be severely punished as he has killed innocent people, seriously injured others, and torn apart families’ lives forever.

It does not appear that this is Jakscht’s only offense either. It has been reported that he was cited in 2005 for operating a vehicle with too much weight and cited in 2006 for having parts that were in an unsafe condition. Last year, while driving the same truck from the Blue Sky Sanitation Company, he was cited for not having a fire extinguisher, no pre-trip inspection and failure to inspect emergency equipment.

Although clearly the driver was at fault for the motorcycle crash, I wonder what responsibility the company holds as well. Did this company know that Jakscht was using illegal substances? What did they do about these tickets he was getting? Did they do anything to make sure he had the proper equipment on his dump truck. Did the company know something was wrong with the truck and that it could possibly cause fire?

These are some legal aspects I think are important for everyone to know as well. Of course, Jakscht is responsible because of his actions and deserves the upmost punishment but at the same time I would advise these families of those fatally injured and the surviving victims to look into the role that the sanitation company had as well.

Again, our thoughts are with these families and innocent injured victims.

After being involved in a Phoenix car accident where he was rear ended, a young fellow called today to seek some legal advice. He was concerned because he needed a vehicle and the adverse insurance company was still investigating liability. He had called the claim into his insurance company but was unsure of what to do because his vehicle was at a storage lot, he needed a vehicle to get to doctor’s appointments, and had not heard from the insurance company.

Generally, in these situations if you have car insurance, especially rental car insurance, we advise that you make a claim through your own insurance company. Many people when they have been involved in a Phoenix car accident don’t want to make a claim against their own insurance or they are concerned that their rates will go up. According to the insurance regulations, your rates cannot increase unless you are at fault for the accident. Of course, the insurance company can increase your car insurance rates for something else but if you are not at fault for an accident and choose to use your own insurance, your rates should not go up.

If you do make a claim and use your own rental car coverage or even if the adverse party puts you in a rental car do not get the additional insurance offered by the rental car company. If you do purchase additional insurance after you have been in a car accident in Arizona, you will not be reimbursed for the amount of money each day you spent on insurance, and generally the additional insurance amounts to about $12.00 extra a day and can vary depending on what type of car you rent.

When calling your insurance company we do not advise not to give a recorded statement – at least to wait until you have spoken to an attorney. Also, when you ask that you be provided a rental car the insurance company will probably direct you to a rental car company. Tell your insurance or if you receive the rental car from an adverse insurance that you want a direct bill. A direct bill will serve so that the bill goes directly to the insurance company. You may still have to put your charge card down for identification but this way your card should not be charged and the insurance company will be billed directly during the time that the investigation is being completed and the status of your car is being determined.

Over the course of the next few blog entries, I (Alexis) will talk more about property damage and how you can make sure that you are not stuck with a big bill. In terms of making an insurance claim on your own insurance though, again, if you are not at fault for the car accident then your rates should not go up by using your own insurance. If your rates do go up you should ask your agent or insurance company to show you why they went up. If they do not have reason as to why they went up, they can be reported to the Arizona Insurance Department of Regulations and/or they should be lowering your rates.

Every once in a while what will happen if your rates do increase it will be because your insurance company coded the accident as your fault when it was not. Sometimes it is just a simple phone call to make sure that the accident was not codes as your fault. Still, we have only had one circumstance where our client was not at fault where her rates went up and it was just because they coded it wrong and immediately her rates went back to where they were.

Feel free to ask us any questions on Arizona personal injury and wrongful death law.

The fatal motorcycle accident last week that claimed the lives of 4 innocent victims and others who were injured is becoming more tragic as the investigation proceeds. According to reports the driver, Michael Jakscht, of the dump truck had methamphetamine’s in his system at the time of the motorcycle crash.

Driver of deadly motorcycle accidend found to have drugs in his system on day of crash

At first, police thought it was an accident from the driver shuffling papers and not paying attention, but now news reports are indicating that the driver had illegal substance in his system at the time of the motorcycle crash. Further, it is reported that the driver had received two speeding tickets a couple of days before the motorcycle crash and his driving record indicates that he has had five tickets in the passed, some for carrying too much weight in the truck.

Thoughts and prayers go out to the families of this fatal motorcycle crash

My thoughts and prayers again go out to these families. This is certainly a tragic accident. Some motorcycle accidents are just accidents. When reports were that he was shuffling papers I thought that is very careless driving behavior but in some respects in it an accident – still deserving of punishment but something a lot of drivers do is get distracted and do not pay attention.

Justice must be served

Given the current reports and if they are true, I think this driver deserves to be convicted of every count that he is charged with for killing these Arizona motorcycle riders. Of course, we are all innocent until proven guilty, but if these reports are true this man was driving while under the influence of illegal substance and has ruined the lives of many families, which extends to probably hundreds of people when you consider the spouses, parents, children, siblings, friends, and even grandchildren.

Innocent lives have been destroyed

In reading some of the obituaries, it reminded me again how fragile life is. This man has destroyed lives of beautiful families and justice must be served. We can never bring back these motorcycle riders, but these families need to make sure that they have lawyers on their side fighting for them and that this driver is punished for what has been done.

Punitive Damages

In reading that the driver received citations for carrying too much weight, it makes me think that the company might have some liability as well regarding why the truck caught on fire. I will admit this is all assumptions and speculation based on all of the prior cases we have handled, but I wonder if there was too much material on the truck and that is why the truck caught on fire. This needs to be looked into right away.

Legal experts must be retained immediately

An expert regarding trucks, weights, and accidents, needs to look at the biomechanics of this accident and truck to see if there is any liability on the company for carrying too much weight. There may be others responsible as well. This is not to say that the driver should not be held accountable, I just wonder if there are other factors out there that make others responsible as well.

Spoilation of evidence

The first thing that needs to be done is that this truck needs to be kept in a place where the evidence is no spoiled. The truck needs to be examined and put in a place – storage area – where experts can look at it and investigate further as to why this truck caught on fire and if anyone else is responsible for taking the lives of these innocent individuals.

A letter needs to go out immediately to the company owners and the insurance company for the spoliation truck letting them know that if the truck is tampered with the parties will look to the spoliation law in Arizona, which basically says when you are put on notice not to tamper with evidence, if you do tamper with that evidence the Court can instruct the jury to look at the tampering of evidence in a negative light.

Arizona case law for those lawyers who are looking for authority on spoliation of evidence

There are a long line of Arizona cases that indicate the Court should instruct a jury that it can draw a negative inference against the party who fails to preserve evidence. For those injury and wrongful death lawyers that may follow this blog for legal tips, if anyone wants to check our an Arizona case on point it is State v. Willits, 96 Ariz. 184, 393 P.2d 274 (1964). Other legal cases that can be reviewed for destruction of evidence include Souza v. Fred Carries Contracts, Inc., 191 Ariz. 247, 955 P.2d 3 (App. 1997), Nat'l Ass'n of Radiation Survivors, 115 F.R.D. at 557 (citing Cecil Corley Motor Co. v. General Motors Corp., 380 F.Supp. 819, 859 (M.D. Tenn. 1974)) and Alexander v. Nat'l Farmers Org., 687 F.2d 1173, 1205-06 (8th Cir. 1982), cert. denied, 461 U.S. 937, 938, 103 S.Ct. 2108, 2110, 77 L.Ed.2d 313, 314 (1983).

Expert Arizona injury and wrongful death lawyer

Of course, I am biased since all we do is practice injury and wrongful death law in Arizona, but especially in this fatal motorcycle accident, it is imperative that these families hire the best motorcycle accident lawyer that they can find. If you have questions about this article or accident, call our office and we can review with you how the law affects this case.

Expert Arizona Injury and Wrongful Death Lawyer on Arizona Motorcycle Accidents

Mark Breyer is a certified specialist in injury and wrongful death law in Arizona, which only 2% of all lawyers in Arizona have achieved as awarded by the State Bar of Arizona. He has been names Top 100 Lawyers in Arizona by ATLA and has achieved top legal ranking for legal ability and legal ethics from Martindale-Hubbell, a renowned legal source for over 100 years known throughout the United States. We offer a no fee guarantee and can assure all clients that we represent you will get the representation that you would expect from a top Arizona injury and wrongful death law team with the communication you would expect from a husband and wife law team. We are a top notch legal team and Mark has achieved his awards from getting the results and justice that our clients deserve.

Society should never forget the innocent victims of fatal accidents

Most importantly our thoughts are with these families. It is clear that this was a special team of motorcycle riders and that justice needs to be served. All of these riders are very special and as a society we all have to work together to make sure that innocent victims of fatal crashes like these are not forgotten and that society understands the dangers of driving while distracted and that those who are driving while under the influence of alcohol or drugs will be punished by the full extent of the law. There is no tolerance whatsoever for this type of chosen driving behavior which kills innocent victims.

Eliseo Viramontes was killed in a car accident on Friday. News reports are indicating that his son was driving the vehicle and that his son had his permit. It appears his son was in critical condition as well. Seeing that I am an Arizona personal injury lawyer, I have read much news reports and comments about this accident and want to bring some things to light about the law in Arizona.

Before we talk about the law, our prayers go out to this family and everyone involved in this accident. No matter whose fault this car crash was a horrible tragic event has occurred and people involved will never be the same. In our line of work we see this every day and deaths due to car accidents are always very difficult to see, even as the Phoenix car accident lawyer who represents the families.

It is always an emotional time after a car accident for families of loved ones. As far as the boy and his father, I have seen a lot of reports blaming the boy and sometimes the father. At this time, I do not think anyone should comment on who was at fault. It may be the other drivers and it may be the boy but no one knows until a thorough investigation has been completed.

Arizona law

With respect to the law, when someone gets a failure to yield ticket it does not mean that they do not have a legal claim. As a passenger, a passenger always has a legal claim as they cannot be at fault. Well, I should say almost always a passenger will have a claim because they are not the driver and typically as a passenger you cannot be at fault for an accident. I can only think of some very limited circumstances that a passenger would be liable. In the same sense though, just because someone is cited with failing to yield does not mean the car accident is all their fault. In fact, in a court of law the citation of failure to yield does not even come into evidence.

In Arizona, we have a comparative fault state which means that a person can collect for pain and suffering the amount of percentage they are not at fault. In other states, they have different laws such as maybe you have to prove that you are at least 51% not at fault or in other states proving that you are 100% not at fault. Arizona’s law is that a person can collect for whatever percentage they are not at fault.

An example of comparative fault

For example, if you are 50% at fault for an accident you can collect 50% of the total value of your claim. If it is a fatal car accident and the person who died was 90% at fault, they still have a claim for 10% of their damages. In a fatal accident, 10% of damages can still be a significant claim as it is still 10% of someone's life, 10% of someone's lost wages, 10% of the entire claim.

How to prove someone is at fault for an Arizona car accident

In proving that a driver was at fault or not at fault you have to look at the skid marks on the ground, the police report, the witness statements, the vehicle themselves, along with other evidence. Many times we have to hire an accident reconstructionist to examine the speed limits of the vehicles, the light sequence, and other vehicle information. Sometimes a case can come down to which lawyer hires the best expert.

An accident like this is always very difficult where injuries are involved and a death is involved. At the same time, it is probably that these families will begin to get calls from the insurance companies. We recommend not talking to the insurance company. It is usually best to have a family member or a friend talk to the insurance adjuster. That is because many times it is difficult for a loved one to talk to the insurance company during such an emotion time. If you are seriously injured, it is not a good idea to talk to the insurance company either because then your pain and discomfort may get in the way of having a complete conversation.

Never give a recorded statement

Also, a recorded statement with the insurance company can only hurt a claimant as the insurance company will use this statement against you even if you believe that you told the truth. For example, if you say I’m doing OK the insurance company can take that one sentence totally out of context.

Setting up insurance claims

I would recommend that the people involved in this accident have a family member set up the claims with all the insurance companies of the vehicles involved. Assuming there are vehicles in storage steps needs to be taken to have the vehicle removed from the storage facility as soon as possible so that the owners of the vehicles do not incur storage charges. Pictures should be taken at the scene of the accident if they have not already been taken by the police and photos should be taken of the vehicles as well. These are just some preliminary things that need to be completed. Most important, our thoughts and prayers are with all of the families and victims involved in this tragic Arizona car accident.

Continue reading "Tragic Phoenix Car Accident Claims The Life of a Phoenix Arizona Man" »

Most people are not involved in Arizona car accidents. Most people never have to talk to an Arizona injury and wrongful death lawyer. Most people will never have to know what is involved to make an injury or wrongful death claim with the insurance company. These are the lucky people.

Unfortunately, there are many others who are involved in Arizona car accidents. These people may have either been seriously injured or lost a loved one from a fatal Phoenix, Arizona car accident. Maybe it wasn't in Phoenix, maybe the car accident was outside of Phoenix, such as a car accident in Chandler or Ahwatukee or Tempe, or all the surrounding areas that are in Phoenix, Regardless of where the accident is, these are the unlucky people. It is better to be ignorant of the law and the insurance claims but unfortunately many people are forced to learn about it and forced to seek out an experienced Arizona accident and injury lawyer.

Currently, the insurance companies have been successful in convincing society that people who are injured and seek money damages are greedy. I (Alexis) want to tell everyone about a situation that recently happened with one of our clients and you tell me who is the greedy one!

Our clients were involved in a car accident and let's call him "Joe" who was the driver. Joe was very seriously injured. He was transported by ambulance to the hospital where he remained in ICU for a couple of weeks. During this time, his wife was at home caring for their children and trying to go back and forth between the hospital and tend to all the kids at home. Meanwhile, Joe's vehicle was towed from the scene of the accident while Joe was being taken to the hospital with life threatening injuries. Joe's car was old so he did not have collision coverage on the vehicle. The insurance company of the person who was at fault who hit Joe's vehicle would not do anything because they said they had to get in touch with their insured first and investigate as to whether or not their insured was at fault. Where was their insured? In jail. Their insured had been taken to jail from the accident scene because he was driving drunk and was found to be at fault for the car accident.

The insurance company took 8 weeks to investigate the car accident and talk to their insured. After 8 weeks they admitted liability and said they would pay for Joe's total loss. Sounds fair? I suppose that part is fair. But here is the unfair part. Joe's vehicle sat in storage the entire 8 weeks because the insurance company would not move it out of storage. They told Joe to move it himself. Yes, Joe who was in ICU for part of this time. If not Joe, then his wife they expected to take care of it. Joe and his family could not afford the storage charges, the towing charges, and where would thye have had their totaled vehicle moved to - Joe's family would have had to move their totaled vehicle to another tow yard place that would also have charged for storage charges.

This makes absolutely no sense - does it? But these are the types of things that insurance companies try to get away with it. They won't get away with it here though because Joe hired our office and we sent the insurance company multiple letters indicating that they had to remove the vehicle or they would be responsible for the storage charges. If the insurance company doesn't pay for Joe's storage charges plus Joe's loss of use for his family not having a rental vehicle what will happen and what can you do as an accident victim?

You file a lawsuit. Some Arizona injury lawyers might not want to file a lawsuit but that is exactly what we do. You have to file a lawsuit to show these insurance companies that they cannot bully you and your clients around. We have had some cases where insurance companies try to do this and we have received 3-4 times the value of the vehicle in the end because the insurance company has to pay interest and so many other charges when they are found at fault for their actions.

The bottom line is this is an excellent example of how an innocent person can be taken advantage of by the insurance company. Next time someone tells you a person who pursues an injury claim is greedy tell them this story and let them know that if you've never been involved in an Arizona car accident and been hurt and had to make an Arizona injury claim or had to hire an Arizona injury lawyer to get what is fair then you do not know what our legal system is all about. Remember this story and how the insurance company is the one who is greedy.

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.

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.

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.

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" »

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" »

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 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.