2009 October Archive

As personal injury attorneys in Maricopa County, Arizona, people often ask us how to file an insurance claim after an auto accident. We like it when people ask us this question because it typically means that they have not filed an insurance claim yet. This also means that they haven’t spoken to their insurance company either. Even better. We always tell people that if they’ve been seriously injured in a Mesa car accident, or a family member has been killed, before doing anything (including talking to your insurance company), consider hiring a personal injury attorney first.

Why You Shouldn’t File a Claim Before Speaking to an Attorney
Filing an actual claim is really quite simple. It is usually requires a phone call to your insurance company to get the ball rolling. The problem comes in when your claim is complicated, like in a case where you’ve been seriously injured or a loved one has been killed. Some insurance companies will try to take advantage of the situation and gather information on you before you’ve had the chance to hire an attorney. So while the process of filing a claim may seem easy, you could be making a big mistake if your car accident was serious and you haven’t hired a lawyer yet.

Many times, insurance companies will take what you say in such a phone call and try to twist it to their advantage. An experienced Mesa personal injury attorney can prevent this from happening and will try to limit statements from their client to the insurance company. Also, by involving an experienced attorney right off the bat, you’re sending a message to your insurance company that you’re serious, which sometimes reduce the amount of gamesmanship played by the insurance company. For more information on how the skilled lawyers at Breyer Law Offices, P.C. can assist you with your case, call 480-753-4534 today.

As Mesa personal injury attorneys, we get this question a lot. Unfortunately, there is no easy or quick answer. While we understand that car accident victims want to know whether their claim is worth pursuing, the fact of the matter is that each case is incredibly unique and specific, so what was true for one Mesa car accident case, won’t necessarily be true for another. Also, if the case goes to court, a jury in Maricopa County will decide what the victim is entitled to – which may be a lot more or a lot less than you’d think.

Mesa personal injury cases typically conclude in one of two ways. In some cases, they are settled, which is by far the most common conclusion. This happens when the plaintiff and the insurance company or defendant come to an agreement over compensation and the amount the case should be settled for. If the case isn’t settled, then it will go to court to be tried in front of a judge and jury. At the end of the trial, if the case is successful, the jury will decide the amount of compensation.

Too many times, car accident victims get caught up in the question of “what is fair compensation for their injuries?” But the real question they should be asking when trying to decide whether to file a claim or not, is “if the case doesn’t settle, how much compensation will a jury award?” Under the law in Arizona, car accident victims are entitled to receive financial compensation for injuries and damages they suffered as a result of the negligence or reckless behavior of another party. Compensation includes things like current and future lost wages, medical bills, pain and suffering, loss of the ability to perform daily activities, loss of enjoyment of life, and anxiety.

So, as you can see, trying to determine how much a case is worth at a quick glance is nearly impossible. Many factors must be examined and analyzed. One factor is the extent of the injury, or how badly you were injured. Under the law, a case involving someone who suffered a major head injury in a car accident and can no longer work is much different than someone who suffered a bruised knee. The same goes for someone who suffered a torn rotator cuff and can no longer lift their arms to care for their small children versus someone who suffers a minor headache as the result of an injury.

Some Maricopa personal injury attorneys will try to tell car accident victims right off the bat what their case is worth. We know this because we’ve heard of such situations. Here at Breyer Law Offices, P.C. we don’t believe this is the right approach to take for our clients. We can’t honestly and accurately tell you what your case is worth until medical treatment is concluded and we’ve had the chance to assess and evaluate all aspects of your situation. Any attempt to tell you what your case is worth before this is simply guesswork.

Once we’ve had time to review your case, we’ll be able to determine the strengths and weaknesses of it. We’ll also be able to tell you what evidence needs to be compiled and what needs to be done in order to determine an accurate worth. If you’d like to schedule a free, no obligation consultation to discuss your case, please contact Breyer Law Offices, P.C. at 480-753-4534.

In our previous blog post, we discussed the legal matters surrounding how medical bills may be paid for after a car accident in Mesa takes place. Our discussion now turns to medical bills being covered by a combination of the two options initially discussed: negligent driver’s insurance and the injured victim’s health insurance.

Avenue #3: A Combination of the Two
The third avenue for paying for the medical bills that result from a car accident is a combination of health insurance and the at fault driver’s auto insurance. These types of cases are most beneficial to the injured victim because of a law called the “collateral source rule.” The collateral source rule prohibits the admission of evidence that the injured victim has been or will be compensated by some source other than the damages awarded against the defendant.

For instance, if you’re injured in a car accident caused by a negligent driver and your medical bills were paid for by workers’ compensation or by your health insurance company, this information is generally not admissible. So, since doctor, hospitals, and specialists don’t need to be paid twice for services rendered, the additional money goes to help compensate you, the injured victim. The purpose of this law is to prevent the at fault party from reducing their financial responsibility for the injuries they caused.

Obviously, you can tell from the information above that personal injury cases can get pretty complicated – especially when you consider that each case is completely different. That’s why, if you or a loved one has been seriously injured, you should consider hiring a top car accident attorney in Mesa. An experienced personal injury attorney knows the law inside and out and can help ensure that you are fully compensated for your injuries and pain and suffering.

If you have any questions, please feel free to contact Breyer Law Offices to schedule a free, no obligation consultation. We’ll give you honest, upfront answers about your case and how you can receive full compensation for your medical treatment. Don’t wait. Call us today.

The simple answer is that it is the responsibility of the negligent driver to pay for medical bills caused by a car accident. That being said, there are generally three different avenues that injured victims can take in order to pay their medical bills. In the first of two blogs on the topic, we will be addressing the option of an injured victim’s health insurance and the option of the negligent driver’s insurance paying for medical bills after an auto accident in Mesa.

Avenue #1: Health Insurance
Many people think that there own health insurance is not applicable if they’ve been injured in a car accident, but this simply isn’t true. In fact, using health insurance is the first line of defense to pay for medical bills in many cases. That’s because your own health insurance is usually the fastest way to get the best possible care.

However, depending on your unique situation, the law could dictate that the health insurance does not have to pay any of the medical bills that resulted from your accident. In these cases, your health insurance may pay your medical bills upfront, then have a right to partial or full reimbursement from the negligent driver’s insurance company. However, this rarely happens and health insurance companies don’t generally get off the hook for paying medical bills. After all, you pay premiums to your health insurance company in order to make certain that when you are sick or injured, you get the medical treatment you need.

Avenue #2: Negligent Driver’s Insurance
The actual driver rarely pays the bills; rather, it’s their insurance company who actually writes the check – which is why we have insurance in the first place. Insurance companies are able to pay out more than individuals and the individual won’t go bankrupt paying for medical bills necessitated by an accident they caused. That being said, if the insurance company doesn’t cover the full amount of the medical bills, the injured person has the right to pursue additional compensation from the actual negligent driver.

It’s not difficult to see from the information above that personal injury matters can get quite intricate – especially when you consider that each case varies to a great degree. This is why you may want to consider contacting an experienced Mesa car accident attorney if you or a loved one has been seriously injured in an auto accident. A skilled personal injury attorney knows the law inside and out and can help ensure that you are fully compensated for your injuries and pain and suffering.

If you have any questions, please feel free to contact Breyer Law Offices to schedule a free, no obligation consultation. We’ll give you honest, upfront answers about your case and how you can receive full compensation for your medical treatment. Don’t wait. Call us today.

As personal injury attorneys in Mesa who have handled hundreds of car accidents, we’ve seen many kinds of accidents repeat themselves. One common accident we’ve seen time and again is when a car turns left directly in front of a bike or motorcycle, cutting them off and causing an accident. In fact, we’ve even seen documentation in motorcycle manufacturer Harley Davidson’s owner’s manual about this occurrence. In the manual, it mentions that this is one of the most common types of accidents for motorcyclists and that the driver of the car usually doesn’t even notice the motorcycle rider. For some strange reason, many drivers forget that they should not only be looking for other oncoming cars and trucks, but also bikes and motorcycles, too.

In many of these cases, the driver of the car will typically claim that the motorcyclist was speeding or that a bicyclist came out of nowhere and should have been paying more attention. They will try to blame the victim of the accident simply because, in their mind, they were following the law and it must have been the other motorcycle or bike rider who was at fault.

Unfortunately, there seems to be a similar train of thought with many people, including those who sit on juries. There is an undeniable bias when it comes to personal injury cases involving motorcycles or bicycles. Why? We don’t really know for sure. As you know, driving a motorcycle or riding a bike are perfectly legal activities – and someone should not be punished for engaging in a perfectly legal activity, especially when they are injured due to someone else’s negligence. So, we can only guess that many people probably don’t ride a motorcycle or haven’t ridden a bike since childhood. They may view motorcycle drivers and bicycle riders less favorably than the driver of a car or truck.

As a result of this bias, it is critically important that victims don’t just assume justice will be done simply because they are the victim. Insurance companies are especially aggressive when it comes to defending motorcycle and bicycle accident cases. That’s why in these kinds of personal injury claims, every “i” must be dotted and every “t” must be crossed. Personal injury cases involving bikes and motorcycles must be properly worked up and vital evidence must be gathered efficiently and correctly. In short, everything must be done to prevent the at fault driver from getting away with the injuries and damages they caused. Here at Breyer Law Offices, we work hard to ensure that drivers are held accountable for not paying attention or breaking the law and causing injuries to an innocent motorcyclist or bicycle rider.

If you’ve been involved in a motorcycle or bicycle accident in Mesa and you’re looking for answers, please contact us today. We are always available to answer your questions about a possible personal injury claim. We’ve represented thousands of clients and we understand that dealing with a lawyer and a possible lawsuit can seem intimidating and daunting. But rest assured that we will do everything possible to answer your questions and provide the guidance and advice you need so you can make the best decision for you and your family. Contact us today for more information and to schedule a free, no-obligation case consultation.

As personal injury attorneys in Mesa, Arizona, we’ve seen many cases where pedestrians are injured in car accidents. Obviously, these types of accidents can be incredibly dangerous to the pedestrian. Even if a vehicle is going very slowly, it can still cause catastrophic damage to a person walking. There is nothing to protect the pedestrian – no seatbelt to hold them back or airbag to cushion the blow. When a car weighing thousands of pounds, which can exert major force, hits a pedestrian, there are almost always injuries to that individual.

One of the most common kinds of pedestrian accidents that we see at Breyer Law Offices happens when a car is turning right and the driver fails to see the pedestrian. This happens when a vehicle is turning right at an intersection light or out of a driveway. Rather than looking right to ensure that there are no people there, the driver simply looks left and forgets to check right before turning.

Unfortunately, in many of these cases, the driver does not immediately take responsibility for their actions. Rather then admitting that they were at fault, they claim it was the pedestrian’s fault. They may say that the pedestrian walked right in front of their vehicle without paying attention or that the pedestrian came out of nowhere. These are common defenses that we’ve seen negligent drivers try to use.

Even if you as the pedestrian had the right of way and weren’t at fault, it’s important to have evidence to back this up, such as eyewitness testimony. That’s why in these types of unfortunate situations it’s critical to hire a Mesa personal injury attorney who is experienced with pedestrian accidents. A skilled attorney will know how to gather vital evidence in order to create a strong case on your behalf.

With that said, you may not even need to hire an attorney or you may not even have a valid personal injury claim. But, if you do have a solid claim and you don’t file it within a certain time period, then you may lose the right to file a personal injury claim at all – even if a negligent driver injured you. So before proceeding on your own, at least consult with a lawyer who can explain all your options and the legal ramifications to you.

If you’d like to explore your legal options with an experienced Mesa pedestrian accident attorney, please contact Breyer Law Offices. We are always available to answer your questions about a possible personal injury claim. We’ve represented thousands of clients and we understand that dealing with a lawyer and a possible lawsuit can seem intimidating and daunting. But rest assured that we will do everything possible to answer your questions and provide the guidance and advice you need so you can make the best decision possible. Contact us today for more information and to schedule a free, no-obligation case consultation.

The short answer is no. The insurance company is not on your side – and you may be surprised to learn that it is not the role of the insurance company to be on your side. People who work at insurance companies have a job to do. That job involves making sure their employer is as profitable as possible.

Furthermore, many large insurance companies are publicly traded. That means they also have a responsibility to their shareholders to make a profit. Think of it this way, from the other side. If you invested your hard-earned money in buying stock from an insurance company, you’d want that insurance company to make money, so that you, in turn, could make money. You’d want that insurance company to do whatever it had to do – within the law – to turn a profit, even if that meant not playing “nice” all the time. The reality of the situation is that the insurance companies are accountable first to their shareholders.

With all that in mind, you may now understand why an insurance company is not on your side. They don’t hate you, or wish evil things upon you. They simply have a job to do and that job involves making money.

Therefore, if you do receive documents following a Mesa car accident from an insurance company, don’t sign them. The insurance company is not looking out for your best interest, nor are they trying to protect you, regardless of what they say. That doesn’t mean that the claim can never be filled out. It simply means that if you were involved in a serious accident, then you may want to consult with a skilled Mesa car accident attorney first. An experienced attorney can quickly tell you what to do so that you don’t negatively impact or weaken your case by signing insurance forms or making statements to your insurance company.

Here at Breyer Law Offices, we’ve seen just about every kind of insurance form from just about every insurance company that underwrites auto insurance in the State of Arizona. As a result, we know what questions are legitimate and which questions are disguised to look legitimate, but are really intended to weaken your argument. Furthermore, we know which documents you are required by law to sign and which documents you don’t have to sign.

You can count on insurance company adjustors to be well trained in how to minimize the amount of money they pay out. That’s why it’s so important for you to know and protect your rights in such instances. A qualified Mesa personal injury attorney can help you. They can ensure that your rights are protected and that you receive fair compensation from the insurance company.

If you’ve been seriously injured in a car accident in Mesa – or anywhere else in Arizona – and you have questions, please contact the personal injury attorneys at Breyer Law Offices today. We offer a free, no obligation initial consultation to discuss your case, review your options, and answer any questions you may have. Please call us today at 602-978-6400 to schedule a free case review or visit our main website at www.BreyerLaw.com for more information.

The thought of dealing with lawyers, expert witnesses, judges, and juries is enough to make anyone’s head spin. To avoid such a scenario, many people who have been injured due to negligence want to settle their personal injury claim as quickly as possible, without hiring a personal injury attorney in Mesa.

But is Settling Your Case Really the Best Route to Take?
Unfortunately, there’s no simple answer. Numerous questions must be asked and factors evaluated when deciding whether or not to settle.

For instance, one critical question that must be asked is: what is the claim “worth”? Here, we’re not talking about what is fair in terms of compensation. In fact, fairness shouldn’t really be a factor at all when considering whether or not to settle. Instead, we’re trying to determine whether or not it is more beneficial to the injured person to continue forward with a case.

At this point, you might be thinking: “Why isn’t fairness a factor in deciding whether to settle? If someone is severely injured due to the gross negligence of another person, isn’t it only fair to bring that case to trial?”

Not always. The fact of the matter is that if a case isn’t settled, a jury will most likely decide what that case is worth – and they may come back with a surprising verdict.

Consider This Example
A man is severely injured in a Mesa auto accident that was caused by a negligent driver. Everyone agrees that fair compensation for this man’s injuries is about $1 million. But if the jury comes back and only awards the man $100,000, then the man will only receive $100,000. That’s it. It’s not fair, but it’s what the jury decided. So, if we, as personal injury attorneys, had a crystal ball and knew the jury would only award $100,000 and yet, the defendant was offering $200,000 to settle the case quickly, then we’d settle.

On the other hand, if someone was in a minor accident and sustained a slight injury, many people might think the case does not have merit and the jury should award nothing. And yet, if we had our crystal ball and saw that a jury would award $1 million in this case, even if the defendant were offering $900,000 to settle, we wouldn’t settle.

This can be a very difficult concept to follow and understand – especially because it goes against out notion of fairness and justice in the legal system. But the fact is that juries consist of a randomly assembled group of people (eight in the case of personal injury claims in Mesa and throughout Arizona). These people come from different backgrounds with different opinions and experiences. As a result, no one is ever 100% certain about what a jury will decide – and any Mesa personal injury lawyer who tells you with certainty that they can guarantee a trial’s outcome is not being honest with you.

That being said, an experienced personal injury attorney in Mesa can typically gauge the expected verdict. How? Because they know to consider what a jury is likely to do – not the fairness surrounding a case – when trying to decide whether or not to settle. An experienced attorney in Mesa, Arizona will also consider factors, such as what verdicts have been for other similar cases. He or she will then be able to weigh all of the aspects surrounding a case to help the injured victim reach the most favorable conclusion – whether it’s a settlement or compensation awarded through a jury trial.

If you have a personal injury case, and you’re not sure whether to settle or not, please contact the Mesa, Arizona personal injury attorneys at Breyer Law Offices. As experienced personal injury lawyers, we can provide you with a free, confidential assessment of your case.

One of the most difficult things many Arizona injury lawyers that deal with dog bite cases do is educate those who have been seriously injured due to a dog attack. Often the intricacies of a dog attack claim must be explained to the parent of a child who has been bitten by a dog. These tragic situations often involve a child that has been bitten on the face by a dog. As experienced Arizona dog bite attorneys, we know how easily these incidents can be prevented by dog owners, and how they can be guarded against by owners who take a bit of care. Too many dog owners unfortunately do see the dangers their animals present to children, even though they may love their dogs.

It is imperative that dog owners are held responsible for bites or other vicious attacks by their pets. We understand that many people would rather just forget about it and move on after being attacked by a dog. Yet since dog owners are so rarely prosecuted in criminal courts, it makes it even more important to bring these types of cases into the civil court system. Only by holding an owner liable for the damage caused by an attack by a pet dog will dog owners take better care to ensure that their dogs do not bite anyone. This will prevent other innocent victims from being injured due to owners’ negligence in such situations.

For this reason, it is important to take the time to talk with an experienced Arizona dog bite lawyer. By pursuing a personal injury claim, an injured victim of a dog bite not only may get compensation for his or her injuries, but that person is helping to prevent others from being injured by future dog attacks in Arizona. We invite you to call Breyer Law to speak with one of our experienced Arizona dog bite lawyers. We are happy to answer all of your questions so that you can decide how to proceed, and allow you to make the best decision for your family as to whether to pursue an Arizona dog bite claim and insurance settlement.

It can be challenging finding a top bus accident injury lawyer in Phoenix or elsewhere in Arizona. So many lawyers claim to be experienced personal injury lawyers that often someone with a severe bus accident injury does not know where to go. Legally, anyone can handle a personal injury case. Anyone who has gone to law school and who has passed the State Bar of Arizona can claim that they know how to handle a personal injury claim. An Arizona lawyer that has only been involved in one personal injury case in his or her career can claim to be an experienced personal injury attorney.

The reality is that someone who has been seriously injured in a bus accident of any type needs to contact the best bus accident lawyer that they can find in the State of Arizona. It is not enough to find a neighborhood lawyer but more important that someone who has had a life changing injury or who has lost a loved one get advice they can count on from a straight shooter who has been there and tried the cases and fought for the people who have been seriously injured.

When someone is seriously hurt in a bus accident, that person needs to get in touch with the best bus accident lawyer that can be found in Arizona. Getting just any lawyer to represent a person who has had a life changing injury or who lost a loved one in a bus accident can be a terrible mistake. It is almost always best in such cases to seek out a knowledgeable bus accident trial lawyer who will talk straight with you, letting you know not only the strengths but also the weaknesses in your potential bus accident claim.

At Breyer Law Offices, we have fought numerous cases before juries, helping personal injury victims of bus accidents and other accidents in which someone else was at fault to recover compensation for their injuries. If you would like more information about a potential bus accident claim, or about any other personal injury situation, please do not hesitate to give us a call.