Phoenix Car Accident Attorney Blog

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."

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 hurt innocent people every day. Our Arizona Accident Book details the legal system for people who have injury claims in Arizona. As Arizona personal injury lawyers and since our practice is limited to only very serious injury and wrongful death claims we thought we would put information in a book to help others. Even those who need a lawyer, the book helps them understand more about the legal system, the adversarial relationship with the insurance adjuster, and the 13 biggest mistakes that can destroy your Arizona Accident Claim.

Arizona Injury Book - FREE

The reason I bring up our Arizona Injury Book is because I got a call this week from a man who was very seriously injured in a car accident. The car accident had happened about a month ago. Nothing had been done with his vehicle. He was self employed and was unable to go back to work. The adverse insurance company was not calling him back. His daughter had ordered him a copy of our book and had given it to him. It was obvious that he never read it though because he had already given a recorded statement to the adverse insurance company, which is something you shouldn’t do! He had not got a lost wage statement from his doctor, which is necessary to collect lost wages! He had left the car at the tow yard and an abandoned title had been applied for by the tow yard and the tow yard was requesting almost a thousand dollars in storage fees.

If you don't know the answers to these questions think what this means

I asked him some further questions about his own insurance. Did he know if he had medical coverage? Did he know how to handle Medicare? He was on Medicare and with Medicare you need to get a conditional lien amount – and then a final lien amount – to settle your claim. He had no idea about this – Of course, he didn’t he’s not a lawyer. He didn’t know that he could use his underinsured from his two different automobile policies. He had another separate auto policy that did not have underinsured on it and he didn’t know that the insurance company is required to have a person sign off on different documents and that he might be able to get more underinsured coverage. Of course, he didn’t know this either because he’s not a lawyer and knows nothing about insurance coverage.

Lawyers know how to look for additional coverage

Most importantly, the adverse driver was in on a cell phone for what appeared to be a work related call. This means that the company insurance may apply even if the adverse driver was not in his own vehicle.

At the end of the conversation, the man was still convinced that he could handle the Arizona car accident claim on his own. This is what I don’t understand. This man had a life changing very serious injury. He should be protected and will have no idea how to protect himself. Maybe it is that some people still feel bad hiring an attorney for a car accident claim. Maybe that is it. I have talked to some people who have said that they felt bad hiring a lawyer or that it was something that they did not feel comfortable doing. Some people have told me that for religious reasons they felt like they could not file a claim against someone who caused the accident.

I respect everyone’s opinions and it is an individual choice for each auto accident, motorcycle accident, pedestrian accident, trucking accident, whatever the motor vehicle accident or any other injury victim for that matter – it is their individual decision what to do. I just think that when you are seriously injured or have a loved one who has been killed by the negligence of another individual that it is necessary to consult a lawyer in depth to find out all your rights. Some car accident cases do not require a lawyer. But other cases do require a lawyer. We all pay for car insurance. Many of us pay thousands of dollars each year for car insurance. So shouldn’t we all be protected if we are injured to make sure that the car insurance company pays the most that they have to. Why should as a victim if you lose wages you want to give the insurance company an advantage to not have to pay everything that they are entitled to?

As I got off the phone with this man who was confident that he could handle his case on his own, I reminded him to go read the book. At least if he was not going to hire a lawyer, he could get some pointers on what not to do. His son was smart to order the book and his son understands that there are a lot of dynamics to an injury claim that lay people do not know. If you are in a small car crash and the injuries are not too significant then even though you may do better with a lawyer, ultimately it is not a life changing amount of money so it does not have as big of an impact.

Serious injuries from a motor vehicle accident

When you are seriously injured from a car accident though and have injuries that are permanent, or excessive lost wages, or excessive medical bills, there is simply too much to lose by trying to handle a claim on your own. At least that is my opinion. Of course, I see insurance companies day in and day out deny claims to people who tried to handle it on their own so I come from a completely different perspective. I know that insurance adjusters on not on the injured victims side and we try to get this point across to victims, but at least on a positive note many people still have trust in others. I guess in that way these people are to be commended because they trust that others will look out for them and do the right thing even when it is an adversarial position.

Insurance adjusters are not your friend

The simple fact is an insurance adjuster is not going to point out that they have more coverage, is not going to tell you to get a lost wage note, is not going to tell you the ramifications of leaving your car in storage, is not going to tell you that you may have additional underinsured coverage, is not going to inform you that the person driving might have a company policy because they were on the phone and the list goes on. Bottom line, when you are in a car accident it is an adversarial situation and as a victim it is in your best interest to be protected.

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 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.

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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.