2009 November Archive

Arizona Law Relating to Left Turns: Part One

By Personal Injury Lawyer on November 30, 2009

The story is often the same: the driver who turns left is at fault nearly every time– even if that’s not indisputably the case. That’s because, ironically, usually no witnesses emerge when a crowded roadway is the scene of the incident.

Few are willing to stop, park, and sacrifice their time to act as a witness in a car accident involving strangers. Or no witnesses saw it in the first place. Even when witnesses come forward, their recollections often conflict. Most of the time, they aren’t truly sure whether or not the stoplight was green or yellow.

Conversely, it’s hard to argue that when one car turns left in front of another, that car was, well, turning. Common sense dictates that the car making a left turn has the best chance to avoid being struck or strike another vehicle. The car it struck was continuing in its path: no surprises there. This triggers a natural conclusion, which is to cite ARS 28-772. Generally, the traffic court’s ruling then casts at least some of the blame on the driver who turned left at the intersection. No surprises there, either.

This statute’s validity is not something we object to as Phoenix auto accident lawyers. But when we take on auto collision injury cases, we understand that the law will be read to the jury verbatim before they make their decision. Hearing the letter of the law may deter the jury from ruling in favor of the car making the left turn– even if the turn was not responsible for the accident taking place.

To learn more about injury claims involving turning left in an auto accident, please refer to our next post.

When Negligence Causes Wrongful Death

By Personal Injury Lawyer on November 27, 2009

When death comes as the result of a tragedy whose cause may be a level of carelessness that constitutes negligence on the part of another person the emotional toll can be profound. Many families spend years trying to reconcile the fact that the life of someone they loved might have been saved if a single contributing factor had been prevented. It’s a bewildering experience to pursue legal advice at a time when family adjustments and personal grieving should take precedence. You deserve time to stop and catch your breath.

We recognize that searching for a skilled AZ wrongful death lawyer is the last thing you want to do at such a difficult time. However, needs that can’t be avoided will soon present themselves without regard to the time it takes to grieve. Families must be conscious of the effects an unexpected loss will have on young children, teenagers, or elderly parents. Needs could include time away from school for students or an entirely different living situation for parents and relatives. And there’s the challenge of managing personal grief and helping other family members cope. A changing financial outlook, lost income, and the prospect of relocation are other possible effects. Life is truly turned upside down.

When these concerns threaten to overtake you, we’re here to help.

At Breyer Law Offices, P.C., we take pride in our efforts to relieve the pain of families who have suffered unspeakable tragedies. We not only believe that we are excellent at what we do, but we do the best possible job as wrongful death lawyers in Arizona. We continue to assist families in every part of the legal process to make sure that they get the opportunity for renewal in the wake of loss.

Finding the Right Lawyer for Your Wrongful Death Case

By Personal Injury Lawyer on November 26, 2009

Unfortunately, there’s no formula for legal success if you’re a grieving family. The decision to retain a lawyer often feels like a necessity on one hand, and a chore on the other. The most important consideration is whether or not the one you pick is the right fit for your family.

Find out if the wrongful death attorney in Phoenix you want to hire has handled past wrongful death cases so that legal knowledge and experience will never be in question. We believe it is far too easy to mislead a grieving family into believing they should bring a claim when no claim is warranted, and that’s a mistake. Use your instincts. Is the advice you’re getting honest and straightforward?

Families who have suffered a wrongful death must be able to trust that they’re getting completely honest answers – good or bad – from the attorney they consult. When the answers you’re getting make sense and present a clear view of the legal process to come, you’ve found the right attorney to hire. You need to know that your attorney can ably assist your family to resolve all affairs following an untimely death.

Though we offer exactly that, it’s also important to point out that even the best wrongful death lawyers in the country are specialists; the scope their expertise is mostly limited to personal injury law. Unfortunately, a personal injury lawyer in Arizona cannot handle child custody issues. Nor is your personal injury lawyer the best person for estate planning or the rewriting of a will. But an outstanding wrongful death attorney in Arizona will advise the grieving family to help locate the right people to assist in those essential capacities.

We find helping people very rewarding, and we take great pride in our efforts to ease the pain of families who have suffered unspeakable tragedies. At Breyer Law Offices, P.C., not only do we believe that we are excellent at what we do, but we do the best possible job as Phoenix wrongful death attorneys. We continue to aid families in every part of the legal process to ensure that they get the chance for renewal in the wake of loss. Please feel free to contact us for a free, no-obligation evaluation of your wrongful death case.

A Wrongful Death Attorney Can Help You

By Personal Injury Lawyer on November 25, 2009

In many cases we’ve seen, the potential client is aware they need to hire a lawyer. They’re aware that tragedy was brought on by the reckless behavior of another party or parties. They already have questions that only a lawyer should answer. Finally, many potential clients are all too aware that they’ll need serious compensation to overcome the financial void created in the wake of their unfortunate loss.

The knowledge that money cannot undo a painful tragedy often makes people think finding a lawyer is not vitally important. Money can never change our feelings; that’s a claim no one would support. What’s imperative is that potential defendants in wrongful death lawsuits limit the harm they suffer, whether financial or emotional.

Premature loss of life creates needs that never before existed. When one parent can no longer contribute earnings, a reasonable mortgage payment becomes a monthly challenge. Cost should not prohibit a family’s option to give a child dealing with the loss of a parent the option of professional grief counseling and a healthy recovery. Adults who have lost a spouse or a child deserve the best mental health care available—an option that’s not always provided by employer-based health plans.
There are so many other concerns as well. Will your lawyer give you an honest opinion if the case isn’t strong? Does he have the experience to gain the maximum compensation possible in your case? Will she be sensitive to the family’s wishes? It’s a trying time. Will he know if pursuing a lawsuit is really in our best interests?

At Breyer Law Offices, P.C., we take pride in our efforts to relieve the pain of families who have suffered unspeakable tragedies. We not only believe that we are excellent at what we do, but we do the best possible job as wrongful death lawyers in Arizona. We continue to assist families in every part of the legal process to make sure that they get the opportunity for renewal in the wake of loss. Contact us today to learn more about how we can help.

How to Handle the Challenge of Dealing with Insurance Companies

By Personal Injury Lawyer on November 24, 2009

Dealing with insurance companies can seem like trying to navigate a minefield. But when you have an experienced attorney on your side, you don’t have to worry. A skilled attorney knows how to develop a strong case on your behalf and can help you receive the compensation you deserve.

So if you do receive any paperwork after you’ve been in an auto accident, then please don’t sign it. Again, the insurance company is not looking out for you – regardless of what they might say over the phone. Therefore, if you were involved in a serious accident, then it’s important to contact a Glendale personal injury attorney. A skilled lawyer has dealt with many of the insurance companies in the past in similar situations and knows exactly which documents might hurt your case simply by signing them.

If you’ve been seriously injured in a car accident in Glendale – or somewhere else in Arizona – and you have questions about dealing with the insurance company, please contact the personal injury lawyers 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.

Should I Sign the Documents the Insurance Company Sends Me After a Car Accident?

By Personal Injury Lawyer on November 23, 2009

No, no, and no. Why? Because the insurance company is not looking out for your best interest. In fact, it’s not their job to be on your side – which you may be surprised to find out. It’s the insurance company’s job to try and minimize the amount of compensation they pay out to you and to ensure that their company is as profitable as possible.

What’s more is the fact that many big insurance companies are publicly traded. In other words, they have shareholders they are accountable to. This may sound harsh, but when you think about it from the other side, it makes perfect sense. For instance, say you take your hard earned money and invest it into stocks from one of the big insurance companies. You want to see that insurance company do whatever they have to do – as long as it’s within the law – to make as large a profit as possible. When they make money, you make money. Sometimes in order to do this, though, the insurance company doesn’t play nice with the victims of car accidents in Glendale, Arizona.

That said, insurance companies aren’t evil. Nor are they out to get you. But, just like any other successful company, they know they have a job to do. And that job involves making a solid profit.

The attorneys at Breyer Law Offices have worked with most every insurance company that underwrites auto insurance in the State of Arizona. We’ve also seen pretty much every kind of insurance form available. Therefore, we have a keen understanding of which questions are secretly designed to weaken your case and which questions are actually legitimate. In addition, we know which documents you must sign under the law and which documents you don’t have to give a second glance. For help with your potential case, contact Breyer Law Offices today.

Filing Claims When Cell Phone Use is Involved

By Personal Injury Lawyer on November 20, 2009

To prove that an at fault driver was using their cell phone at the time that an accident occurred, you must get the cell phone records of that driver. These records will provide the data you need to prove or disprove the claim that the driver was using their cell phone. But how do you get someone else’s cell phone records? This is where it gets a little complicated. Typically, you’ll first need to file a personal injury lawsuit and then a subpoena in order to secure the at fault driver’s cell phone records.

Not every accident involving a driver using a cell phone is going to require that a personal injury lawsuit be filed. But we do encourage that if you were involved in such an accident, to at least consider consulting with a car accident attorney who can tell you whether you have a legitimate claim and answer any questions you might have. The information and advice that you get from an attorney will help you make a more educated decision about whether or not to file a personal injury lawsuit. Some people worry that just by contacting a lawyer, they are sending a message that they want to file a claim. As lawyers, we know this is not the case and that you need answers and guidance first so that you can make the best decision for you and your family.

If you’ve been injured in a car accident with someone who was using their cell phone and you’re ready to explore your legal options, then please contact the car accident attorneys at Breyer Law Offices today. We are always here to answer any questions you may have about a possible car accident claim. Contact us today for more information and a free, no-obligation case consultation. Call 602-978-6400, 623-930-8064, 480-753-4534, or Espanol 602-222-8787; or complete and submit a Simple Case Form.

Do Insurance Companies Really Try to Deny a Fair Settlement for Victims of Motorcycle Accidents? (Part Two)

By Personal Injury Lawyer on November 19, 2009

In Part Two of our discussion regarding how insurance companies may try to deny a fair settlement for victims of motorcycle crashes, we start by addressing that there is a way to fight the law that allows insurance companies to deny fair payment to a victim who was not wearing a helmet. An insurance company may imply that you simply cannot argue this law and that it’s set in stone, but the truth of the matter is that the burden of proof rests with the at fault driver, not with the injured victim. Therefore, the at fault driver and their insurance company have a higher standard to meet. By hiring a skilled attorney – one with experience in dealing with motorcycle accidents in Glendale – you may still be able to receive full compensation for your injuries. A top notch attorney will be able to hire expert witnesses, evaluate the facts and the law, and develop strong legal arguments on your behalf.

Another way in which an insurance company will sometimes try to deny compensation is to not share information about the uninsured and underinsured motorist laws. You might not have this kind of coverage in your current motorcycle accident policy, but you may have it if you own a car with insurance or if one of your family member’s who lives with you owns a car with this type of coverage. If that’s the case, then you can actually use this portion of your car insurance policy to help you pay for things like medical bills, lost wages, and pain and suffering.

If you’ve been in a motorcycle accident and the insurance company is trying to deny your claim for compensation, call the motorcycle accident attorneys in Glendale at Breyer Law Offices. We’ll give you honest answers and information about all of your legal options. We offer a free, no obligation initial consultation to review your case. So there’s no reason to wait. Give us a call today.

Do Insurance Companies Really Try to Deny a Fair Settlement for Victims of Motorcycle Accidents? (Part One)

By Personal Injury Lawyer on November 18, 2009

In the first of two blog posts addressing whether insurance companies really try to deny a fair settlement for victims of motorcycle accidents, we begin by saying that, yes, it’s true. The at fault driver and the insurance company will most likely do anything possible in order to try and deny your fair compensation for your Glendale motorcycle accident.

Many times, insurance companies will try and play games with the victims of a motorcycle accident or an auto accident. However, there are certain things that an insurance company will try to pull strictly on motorcyclists in an attempt to deny a personal injury claim. For that reason, it’s critically important to retain a skilled Glendale motorcycle accident attorney – one who knows the law pertaining to motorcycles inside and out.

So, how exactly will an insurance company try and deny your claim? Well, there are really a number of ways – and in fact, the ways are really too long to list here. That said, there are some things we’ve seen insurance companies do time and again in order to try and deny your claim for injuries and damages.

First of all, you’re probably already aware that under Arizona law, you don’t have to wear a helmet while driving a motorcycle as long as you are over the age of 18. So for most riders, it’s completely legal to ride a motorcycle and not wear a helmet. But there’s also a law on the Arizona books giving an insurance company the right to deny fair payment to the injured victim just because the victim was not wearing a helmet. So in a way, the law tricks motorcycle drivers who don’t know any better when it comes to wearing a helmet. Motorcyclists are allowed by law to not wear a helmet, and yet if they are involved and injured in a car accident, then they can be penalized for following the law – and their personal injury claim could be denied. This argument is allowed even if all the parties involved agree that the motorcyclist was not at fault in any way.

For more information on how some insurance companies will try to deny a fair settlement for victims of motorcycle collisions, please read Part Two of our series tomorrow.

Can Whether I Wore a Seatbelt Effect My Personal Injury Lawsuit?

By Personal Injury Lawyer on November 17, 2009

Absolutely. If you’re in a serious accident with a negligent driver and you were wearing your seatbelt, you have a much better chance of receiving full compensation for your injuries. If you were not wearing your seatbelt, even if the accident was 100% the other driver’s fault, then the compensation you receive could be greatly reduced or even completely eliminated if the plaintiff can prove that your injuries wouldn’t have been as bad, or wouldn’t have occurred at all, if you’d just been wearing your seatbelt. That means you won’t receive full compensation for things like current and future lost wages, medical bills, and pain and suffering – all because you didn’t wear a seatbelt.

Furthermore, if you were hurt by a negligent driver in a car accident and you need extensive medical care, those bills will add up quickly. You don’t have to worry if you have a legitimate claim and were wearing your seatbelt, but if you weren’t wearing your seatbelt and your compensation is reduced, then the financial impact on you and your family can be devastating. In fact, it’s reported that over half of all bankruptcies in the U.S. have resulted from medical bills. So even if your health isn’t that important to you, think about your bank account – and the impact it will have on you and your family if you’re financially wiped out.

If you’ve been seriously hurt in an auto collision and you did not have your seatbelt on, please call the skilled Glendale car accident attorneys at Breyer Law Offices today. We are always available to answer your questions about a possible personal injury claim and to offer you top-notch legal guidance and advice. Contact us today for more information and to schedule a free, no-obligation case consultation.