Passengers who bring injury claims in a Phoenix car accident have a better position in some ways than a driver, as it is an extremely rare occasion when a passenger is blamed for causing an accident. When a motor vehicle accident in Arizona seriously injures a passenger and they bring their personal injury claim to court, he or she does not normally have to worry about their claim being reduced due to the incident being partially their fault.
That is the biggest question in most car accidents: Who is at fault? Before anyone can collect any compensation for being seriously injured in an auto accident, negligence must first be proved.
As experienced auto accident lawyers in Phoenix, it comes as no surprise to us that insurance companies in Arizona will not pay claims just because someone was seriously injured or killed. The insurance company will only pay if it is determined that their driver was negligent. Passengers will still have to prove damages, but at least there is almost never an argument that the passenger caused the crash, and thus a greater likelihood that an injured party will receive fair compensation.
A recent study of an accident in Phoenix tells about how a Saturn failed to stop, rear-ending a Ford. A passenger in the back seat of the Saturn was killed as a result of this car accident in Phoenix, Arizona. While it has been alleged that there may have been alcohol involved, and that the Saturn failed to stop, it is highly unlikely that the woman who died could ever be blamed for causing the crash.
Though no amount of money can bring her back from the dead, this woman very well may have been a provider for a family, and her loss may very well cause considerable financial hardship for her family. In many cases, a skilled Phoenix auto accident lawyer can help prove who was at fault and help compensate the family in a small way for their terrible loss.
Negligence by others that cause harm can bring about a personal injury claim, a Phoenix workers’ compensation claim, or both, depending on the situation. It requires a knowledgeable Arizona personal injury lawyer to analyze whether someone has a claim.
When a person is allowed to bring both a personal injury lawsuit and make a workers’ compensation claim, it complicates matters. Most Arizona personal injury claims have a two-year statute of limitations, but there are exceptions to this rule. Yet when a person has a right to file both a workers’ compensation claim and an injury claim, they most likely will only have one year in which to file or lose their rights to compensation. That is why it is important to speak with the best Arizona personal injury lawyer you can find when considering the pursuit of a personal injury claim in Arizona.
In addition, when an injured party who wants to settle their case has already received money from workers’ compensation, they need to seek approval from the workman’s compensation carrier or risk losing their rights in many ways. The Arizona Lien Statute also states that the workman’s compensation carrier has a right to be paid back from the personal injury recovery any payouts made by it for medical expenses or lost wages.
A good Phoenix workplace injury lawyer can help reduce this lien, and we invite anyone who may have a workers’ compensation claim in Arizona to contact us for more information. It is important for someone dealing with a serious personal injury to know their rights, as too often insurance carriers will take advantage of a person’s ignorance to deny or delay a claim. Even if you are unsure whether you have a claim, it is important to get honest answers from reputable Arizona injury lawyers, for any injury or workers’ compensation claim in Phoenix, Tucson, Chandler, or elsewhere in Arizona. A good personal injury attorney will answer your questions and help guide you toward making a decision that is right for you.
A terrible explosion rocked the Arizona Grain Company in Maricopa, with reports saying that two Arizona Grain employees and a truck driver were severely injured with burns to their face and arms. We can only hope that everybody in this Maricopa on-the-job accident heals as quickly as possible and that they will fully recover.
We note in this Arizona incident that the truck driver was injured at a place where he was not employed, and so may have rights beyond Arizona workers’ compensation rights. Severely injured people are often under the assumption that they are stuck with workers’ compensation when injured on the job, though they may actually be able to file a third party personal injury claim in Arizona.
We do not know what may have caused the explosion, but from our experience as personal injury lawyers, we do know that negligence may have played a part. While the two employees at the Arizona Grain Company may not have any rights to receive full and fair compensation through a personal injury claim, the truck driver who was injured on site may have a right to bring such a claim.
We do not suggest that the truck driver or anyone else injured in this incident definitely has a lawsuit but, as skilled Phoenix personal injury lawyers, we certainly feel it should be looked into. Frequently, people who are injured on construction sites, or who are injured on a jobsite of a company for whom they do not work, do not realize that they have a right to receive full and fair compensation for any injuries that result from someone else’s negligence whether it be in Phoenix, Scottsdale, Surprise, or elsewhere in Arizona.
Depending who was at fault in this Arizona job injury incident, a person’s right to claim falls away after anywhere from six months to two years after the incident due to Arizona’s statute of limitations. It is for that reason that we encourage anyone who has been injured to contact an experienced Arizona workplace injury lawyers to get answers to their questions, and so that they can consider all their options.
Nearly a hundred children were killed and 2000 injured in the United States, according to a published report, due to a car backing over them. Most of these tragic children injury accidents in Arizona and throughout the nation occurred in residential driveways, meaning that in most cases someone reversing failed to identify that there was a child behind them.
It is always important to proceed with caution when backing out of a drive to avoid this kind of auto accident in Arizona. We understand too that mistakes happen, and that not every tragedy needs a lawsuit.
There are times, however, when there is negligence involved, and though nothing can be done to mitigate such a terrible loss as the death of a child, many of our clients want to see justice done, and so pursue a wrongful death lawsuit in Phoenix, Ahwatukee, or elsewhere in Arizona. Money does not eliminate the pain that comes from such a loss, but often it is comforting for families to know that there is some small measure of compensation available when the accident is due to someone else’s negligence, even if it is just an insurance company paying its policy holder’s limit.
Now, we do not mean to say that everybody who experiences the loss of a child should go out and hire a wrongful death lawyer in Arizona. This is often not in the best interests of those who have experienced such a loss. We have often encouraged people not to bring lawsuits even when it was within a person’s right to do so. Yet the time in which one can file a claim, usually two years in most Arizona personal injury cases, tends to run quickly after a terrible tragedy, so we do encourage people who believe they may have a personal injury or wrongful death case in Phoenix, Peoria, or elsewhere in Arizona to contact our skilled Phoenix child injury attorneys to help you make a decision.
One of the concepts most misunderstood by many people in Arizona personal injury claims is the right to punitive damages for those hurt in an auto accident or other accidental injury. We know as Arizona personal injury lawyers who aid people in obtaining full compensation in many cases that the distinction between compensatory damages and punitive damages is sometimes difficult to comprehend.
In general, compensatory damages are what one gets reimbursed for a loss that they have suffered. Compensatory damages essentially are to “make the injury victim whole.” When we represent those injured in car accidents in Arizona, as personal injury lawyers we aid these accident victims in getting full repayment of all medical bills related to the accident. When someone cannot work and loses income as a result of an auto accident in Phoenix we help them get compensated. This includes overtime and all other lost wages, and even what may have been repaid in part by Phoenix workers’ compensation claims.
Many people will have out of pocket expenses resulting from their injuries. Even payment for pain and suffering that is included in Arizona personal injury claims is considered compensatory. It essentially means that if somebody else was negligent an injured person has the right to seek compensation. Even if a person can never work again because of an accident and thus receives hundreds of thousands of dollars, it is still not considered punitive damages.
Punitive damages are intended to punish the negligent party. They are not to compensate the injured party, but to teach a lesson to someone who intentionally caused injury to someone else. Punitive damages are awarded when it is shown that the defendant acted with an “evil hand and evil mind.” In this sense it is a fine, and not to compensate a person injured in an Arizona personal injury claim. It is imposed upon an insurance company, corporation, individual, or other entity that has done wrong to ensure that they will not repeat such an act.
Knowing whether punitive damages are applicable requires the knowledge of skilled Phoenix personal injury lawyers. It will usually take the best possible personal injury lawyer to pursue cases for punitive damages. Such cases are rare in Arizona, and it is essential that a person ensure that they have a valid claim before pursuing such a claim.
Should you or someone you know feel as if they may be entitled to punitive damages, we urge you to contact us. We will tell you honestly whether someone who has been seriously hurt due the negligence of another can go after compensatory damages claims or punitive damages claims in any personal injury case
In the Arizona Rules of Civil Procedure there is such a thing allowed called an Independent Medical Examination, or IME. As experienced Arizona personal injury lawyers, we know that an “Independent” Medical Examination is a misnomer. Both insurance defense attorneys and injury lawyers with experience know better. It is too often the Arizona victims of a terrible accident who are deceived by that word “independent” as they go through a medical exam funded by the defense for the insurance companies.
We know that in a situation such as a personal injury auto accident or other accident caused by someone else’s negligence, the injury victim will clearly seek to be treated by trained and trusted medical professionals. In theory, the insurance company deserves to get the opinion of a doctor other than those treating the plaintiff. Yet when the insurance company refuses to pay a claim to an Arizona resident, even if it is wrongfully denying payment for an injury caused by the insured party’s negligence, they have the right to call for an IME with any personal injury case.
What the personal injury victim does not know is that doctors who conduct an IME for Arizona auto accident victims have a vested interest in the outcome, as it is the insurance company that pays the doctor doing the examination. Some doctors earn more than half a million dollars per annum just from these exams. The question that often crosses our minds is whether doctors who conduct such examinations would continue to be paid by insurance companies if they find the victim’s injuries are indeed serious.
The truth is that insurance companies knowingly use IMEs to deny claims to personal injury victims throughout Arizona in order to avoid paying for an insured party’s negligence. Whether it be a truck accident in Mesa, Arizona, a bicycle accident in Yuma, a Phoenix bus crash, or any other accident in Arizona, insurance companies deny compensation to people who have the legal right to receive it. Often, it is IMEs that are to blame. In reality, what they are is “Insurance Medical Examinations.”
This is why we strongly encourage those who are asked to go to a doctor who is being paid by an insurance company to contact a skilled Arizona personal injury lawyer who has the knowledge about deceitful insurance company practices such as IMEs. Too many innocent victims of Arizona car accidents and other accidents in the state are prevented from collecting the compensation they legally deserve.
Many Arizona residents will look for a lawyer to help them with a personal injury case after an automobile accident. It is often very difficult to decide whether to hire an Arizona injury attorney after a serious injury or wrongful death happens, as not every severe injury resulting from an Arizona automobile accident requires legal representation.
While the law allows all sorts of claims to be filed, sometimes it is not in the best interests of a grieving family. Money does not erase all, or even most, problems. Yet we disagree strongly with those who say that people who have suffered tragically should not seek compensation to which they are by law allowed. It is the family who must decide whether or not to pursue a claim.
We take pride that we have aided a substantial number of Arizona residents in their Arizona wrongful death and personal injury claims. In our time as wrongful death attorneys in Arizona we have often educated families that are pressured by family and friends to hire a personal injury lawyer against bringing unnecessary claims.
Despite this, we know that Arizona insurance companies put out misinformation concerning personal injury claims. This sometimes amounts to insurance bad faith in Arizona against injured victims and, in too many cases, people are given the impression that personal injury lawyers will charge a substantial fee for settlements that could be made without a lawyer’s help. This said, the insurance industry knows that according to its own studies that people who hire personal injury lawyers get more compensation than those who do not.
This brings up the issue about how an Arizona injury victim should decide whether to hire a personal injury attorney. It is our opinion that a person needs to get answers to certain questions before deciding whether to proceed. We also know that, though we are very able personal injury lawyers and have done nothing but personal injury for many years, we are not the only good Arizona personal injury attorneys. However, we also know that there are unethical personal injury lawyers who will encourage families and injured parties to file claims that are not in their best interests as well as those lawyers who may not understand all the nuances of personal injury law.
That is why we invite all people who have questions about a personal injury case to contact us, as we do not just offer information to those for whom we are sure have a case. What is most important is for a person with a potential personal injury case in Arizona is to speak to a knowledgeable Arizona personal injury lawyer.
To quote a cliché: “A picture is worth a thousand words.” When a construction worker suffers a serious on a job site in a construction accident in Arizona, a picture may mean the difference between being financially compensated for a critical injury or getting nothing.
A claim for an Arizona construction accident can be complicated, and a lot of the time people only get reimbursed through workers’ compensation after getting hurt on the job. Workers’ compensation in Arizona is often the only way to be compensated financially after a getting hurt on the job. Yet it is sometimes the case that another party caused the construction site injury through their negligence. Most Arizona construction workers are not aware that they may have the right to claim for personal injuries suffered on the job, depending upon the situation.
Since so many injured Arizona workers do not know they have a right to file a claim in the case of a construction accident, pictures of the place where workers were injured often are not taken. Construction sites change rapidly and evidence can easily be tampered with or even destroyed after an on the job injury occurs. Because of this, it is important to inform anyone in the construction trade that should they be injured on a construction site, photos should be taken immediately. While OSHA will investigate the most serious injuries, as experienced Arizona construction accident lawyers we have seen cases where an investigation was not done, or where photos were not considered necessary in the inquiry even in major construction accidents that result in life-threatening and life-changing injuries.
That is why any investigation into injuries in the State of Arizona that happen to construction workers should always involve photographing the scene of the construction accident. Now, a seriously injured individual can still file a personal injury claim even if there are not photos taken, but since the injured party must prove negligence by another party in order to successfully recover damages it will be more difficult. Photographs improve the chance that a claim for a construction accident will be proved and compensated.
We can provide anyone who has been injured in an Arizona construction accident with a copy of our personal injury master guide to Arizona claims called “13 Biggest Mistakes That Can Destroy Your Arizona Injury Case.” As skilled and knowledgeable personal injury attorneys, we wrote this book to aid people who are considering filing a personal injury claim. It answers many questions people have about whether or not to pursue a lawsuit, and empowers a person to make the best decision for themselves and their families.
Seven people were taken to the hospital right after the Super Bowl in a collision involving three vehicles that occurred near Interstate 17 in Phoenix, AZ. Two of those hospitalized suffered serious injuries. Since the Cardinals had just lost the Super Bowl, it is possible that the accident was alcohol related. We hope that drinking and driving were not involved and further that everyone will recover fully from their injuries.
As experienced personal injury trial lawyers, we are often asked about what happens when three different vehicles are involved in a car accident. For automobile accidents in Phoenix, Arizona and elsewhere in the state, we help people to understand Arizona’s comparative fault system of justice. As an example, let us say in theory that in the car accident above that two or more of the vehicles involved were negligent. Could an injured party recover damages from multiple drivers? You are able to do so in Arizona.
Car accident victims that are injured seriously have a right to be compensated under Arizona law. Experienced car accident injury lawyers in Arizona help pursue claims against all parties who are negligent. A jury first decides the financial damages suffered by the Arizona personal injury victim and then apportions a percentage of the financial loss to all those who shared responsibility in causing the accident.
Again using the above example, a jury could find that only one vehicle caused the automobile accident and thus the other two vehicles would not be liable at all. Two of the three vehicles could share fault, and thus each of those negligent drivers would be responsible for 50% of the damage. It could also happen that all three vehicles were equally at fault, and so each would share a third of the liability. In this way, a negligent driver in an Arizona car accident will pay damages based on their percentage of the blame.
Finding an attorney after a car accident where blame is not immediately obvious is important, and that is why we invite you to contact us. At Breyer Law Offices, P.C, we can answer questions about Arizona’s accident laws, or about other legal issues involved in making a personal injury claim. We give honest, direct answers to allow people to make the best decision for them, and we do not try to convince people to file a lawsuit or make a personal injury claim just because the law allows it. As scrupulous auto accident lawyers we will explain all the strengths and weaknesses of the case before you proceed with any personal injury claim.
Sadly, Arizona drunk drivers continue to cause harm to innocent victims. In order to reduce drunk driving car accidents in Tucson and Phoenix and throughout Arizona, auto accident lawyers can play an important role. Reports indicate that a pedestrian hit on a sidewalk on Camelback Road close to 37th Avenue was injured due to an alleged drunk driver who ran a red light and swerved onto the sidewalk.
Since alcohol was probably a mitigating factor in causing the pedestrian accident in Phoenix, there should be both a criminal and civil prosecution of the driver. Too many people in Arizona are seriously injured and wrongfully die in drunk driving accidents in Phoenix, Tucson, and other communities in the state.
The criminal justice system works by putting drunk drivers in jail, but it does little to mitigate the financial damage too often caused by an alcohol-impaired driver. That is why it is equally as important to file a personal injury claim against the drunk driver’s insurance company in cases where there has been a serious injury. This will be an added deterrent to any drunk driver, and the use of experienced Arizona drunk driver injury lawyers in such cases can only make our streets and sidewalks safer.
Though the details in this case are sparse, and there is a possibility that alcohol did not play a role in it, we do know that alcohol-related car accidents involving pedestrians are prevalent throughout Arizona. As such, we need to take every step possible to ensure that drunk drivers stay off Arizona roadways.
We believe strongly in eliminating, or at least reducing, the risk of drunk driving, and that is why we invite anyone with a possible Arizona personal injury claim from any type of accident involving alcohol to contact us. We are glad to answer your questions, guide you towards what action is best for you, and in doing so keep others from becoming victims of drunk drivers.
