July 5, 2010

Car Accident Attorneys In Mesa Arizona - Valleywide Phoenix, Tempe, Mesa, Chandler, Scottsdale, Glendale, Apache Junction, Ahwatukee, Avondale, Peoria

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.


June 22, 2010

Mesa Car Accident Lawyers - Mesa Arizona Personal Injury Lawyers, 3707 E. Southern Avenue, Mesa Arizona 85206

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.

May 13, 2010

Mesa Car Accident Lawyers in Arizona - Auto Accident Lawyers in Arizona - Mesa, Chandler, Glendale, Tempe, Avondale, Peoria, Scottsdale, Sun City, Phoenix, Maricopa

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.

May 9, 2010

Mesa Arizona Personal Injury Lawyer – Arizona Car Accident Lawyers – Learn How to Protect Your Rights By Having A Free Consultation with a Certified Specialist in Injury and Wrongful Death Lawyer in Mesa Arizona

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!

May 9, 2010

Mesa Car Accident Attorney – Arizona’s Husband And Wife Law Team – What Cities, including Mesa, Arizona Do We Help Arizona Personal Injury and Wrongful Death Victims as a result of an accident

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."

May 9, 2010

Arizona Car Accident Lawyers - Arizona Personal Injury Lawyers Explain The Difference Between Filing A Claim and Filing A Lawsuit

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.

May 5, 2010

Auto Accident Lawyers in Arizona Discuss Car Accident in Mesa Arizona and Car Accidents through out the Valley, including Chandler, Glendale, Scottsdale, Tempe, Ahwatukee, Peoria, Avondale and the law on all Arizona Car Crashes

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.

April 11, 2010

Update Phoenix Deadly Motorcycle Crash That Claimed the Lives of Innocent Arizona Motorcycle Riders And Injured Other Innocent Motorcycle Riders In Phoenix

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.

April 6, 2010

Update on Deadly Arizona Motorcycle Accident Crash Claiming the Lives of Clyde Nachland, Daniel Butler, Stephen Punch and Dayle Veronica Downs-Totonchi

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.

April 4, 2010

Tragic Phoenix Car Accident Claims The Life of a Phoenix Arizona Man

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" »

April 2, 2010

Have You Been in an Arizona Car Accident? Do You Need to File An Arizona Injury Claim? Do You Need to Search for a Phoenix Arizona Car Accident Lawyer?

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.

March 24, 2010

Ahwatukee Car Accident Lawyers Send Reminder Out To Ahwatukee Residents

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.

March 24, 2010

Phoenix, Arizona Car Accident Lawyer Discusses How Personal Injury Clients Have An Uphill Battle In Arizona

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.

March 12, 2010

A Guide For Phoenix Car Accident Victims To Understand The Requirments Of A Notice Of Claim

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" »

March 2, 2010

Phoenix Car Accident Lawyer, Mark Breyer, Named Top 100 Injury Lawyers In Arizona

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

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

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

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

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

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

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

March 1, 2010

Is It Worth It For An Injured Car Accident Victim To Hire A Phoenix 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.