2010 February Archive

As an experienced Arizona personal injury trial lawyer, I have experienced both the advantages and disadvantages related to witness testimony. In other words, I have had clients whose cases were won by somebody who observed something that was relevant to the trial and was willing to show up, look the jury in the eye, and explain what they observed. On the other hand, I have had clients who never received the justice they otherwise could have because they were either unwilling or unable to get a hold of the witnesses who had observed the effects on their lives.

Witnesses in serious personal injury cases can play many roles. Some witnesses are witnesses to the accident or injury itself. In the case of a serious motor vehicle accident, some times we see many people pull over and help. Sometimes, people simply ride right by the scene. However, when Good Samaritans pull over, help out, observe what happened, and provide their name to the police, justice is much more likely to be done at a later date.

However, those are not the only kinds of witnesses that are very important. What about friends, family members, neighbors, and coworkers who observe the seriously injured person as they struggle and fight to overcome the injury that they have suffered? Are those people witnesses for a personal injury trial? Absolutely. Therefore, somebody who has been seriously injured is well served by providing a list of people that may be able to provide honest, clear testimony about the obstacles and hurdles that the injured person has faced.

A jury may not believe the testimony of the person who is injured. After all, that is the person who is filing a lawsuit. However, neighbors, coworkers, friends, and other observers can go a long way toward proving the strength of the plaintiff’s case.

If you have any questions about what witnesses may be able to do, or simply are in need of some answers from a personal injury Phoenix lawyer following a serious personal injury or wrongful death matter, please do not hesitate to contact us. At Breyer Law Offices, P.C., you can count on our honest, straightforward assessment of your claim.

The answer to this question really depends on a person’s particular situation, and of course, the circumstances surrounding their accident. However, 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 Mesa 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 our 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 Arizona personal injury lawyer who tells you with certainty that they can guarantee a trial’s outcome is not being honest with you.

If you are seeking honest answers to questions relating to a personal injury accident in the State of Arizona, please feel free to give us a call. At Breyer Law Offices, P.C., our Husband and Wife Law Team has helped several injury victims and their families obtain the compensation that they deserve. Call us for a free, no-obligation consultation of your case.

Personal injury claims in Arizona are relatively simple in theory, though the process of bringing a claim against a negligent party can often be more difficult. A Peoria, AZ personal injury claim begins when someone who has been injured requests monetary compensation for what they have gone through. A claim is most often made through the insurance company of the responsible party that caused the injury. If the claim is not settled, then a personal injury lawsuit will usually be filed. 

This is just the beginning of the litigation process. First comes the discovery, in which questions are posed by the other side and their legal representatives. Next comes a deposition, a sworn statement in which the negligent party’s attorney or insurance company’s lawyer asks the injured party questions relating to the incident that caused the injury. Only after this would a case then go to trial. Most cases are settled long before a jury trial, though when there is a disagreement as to the amount of damages or to the apportionment of fault, a jury will ultimately decide how much monetary compensation should be made in a personal injury claim.

This means almost every personal injury claim will end in one of three ways.  First, there can be a dismissal, which may occur because either the injured party chooses not to pursue the case or a judge orders that the case has no merit. The second and most common way in which a personal injury claim can conclude is through a settlement, in which both parties agree to an amount that is fair compensation for the damages and injuries caused. Settlements are not necessarily favorable for all sides. Sometimes the settlement is more favorable for the injured party and sometimes it is more favorable for the liable party, or for their insurance company. Quite often, neither party is happy with the settlement. But the key to a settlement is that both parties agree to it, and in so doing the plaintiff then agrees not to pursue further litigation in the personal injury case.

The last way a personal injury case can be resolved is through a judgment.  This essentially means that a jury has rendered a verdict, and a judge will then usually sign a piece of paper called a judgment, most often for the same amount for which the jury decided. A jury verdict is not final, however. The case can then go up for appeal, and the case can then continue until there are no more legal avenues for appeal by any of the parties involved in the personal injury claim. Only then does the judgment become final.

For more helpful information regarding personal injury claims in Arizona, please feel free to get in touch with the experienced Peoria personal injury lawyers at Breyer Law. Contact us for a free, no-obligation consultation of your potential personal injury case. We can help.

A personal injury claim is an attempt by someone who has been injured to collect monetary compensation for costs and losses associated with their injuries, such as medical bills, lost wages, child care expenses, and rehabilitation.

Unfortunately, money is the only thing allowed to be recovered in almost any personal injury case. Because personal injury cases are seen as a frivolous method to win payment for real harm, many people are frustrated by the fact that injured people bring claims and demand money for losses that money cannot remedy. And it is true that money cannot nullify pain or reverse a permanent medical condition. But it is not true to say that money does nothing to help families overcome the emotional trauma of losing a loved one. A steady flow of income does help a family caring for someone who has been severely hurt as the result of another person’s negligence. Arizona injury personal attorneys know that compensation pays for treatment and rehabilitation that many people would not receive—especially if the injured person lacks health insurance coverage.

The law provides a system to ensure that the party responsible for the injury pays for the damage they caused to the limit that the court allows. The personal injury claim process is available to help an injured person seek justice under the law.

Interestingly, some Americans lament the fact that our legal system allows for compensation specifically and only in the form of money. Some view this type of claim as an expression of the injured person’s greed, believing that insurance should cover all necessary health costs (which is by no means a guarantee) and the story ends there. Some citizens do not believe that punitive damages are just. These people fail to recognize that remuneration is not an American concept. In fact, the idea of paying damages for injuries caused negligent or irresponsible actions by dates back at least as far as the Old Testament. The oft-cited philosophy of “an eye for an eye” is found in Judaic law dating back to the time of Moses. To call our personal injury compensation system original would be inaccurate. But regarding it as a continuation of the human practice of imposing law on society—furnished with punishments for those who stray from the law—restores the requisite integrity to the system we have founded in America.

If you have any questions regarding how a personal injury claim in the state of Arizona works, please feel free to give us a call. At Breyer Law Offices, P.C., our skilled Phoenix personal injury lawyers have dedicated many years to protecting the rights of those injured as a result of another person’s negligence. Contact us today for a free, no-obligation consultation of your potential personal injury claim.

The aftermath of any kind of accident is often traumatic for those involved. When another person’s negligence causes someone to suffer personal injury, the injured victim may have more legal options than he or she initially realizes. To begin with, when a personal injury lawsuit goes to trial, it usually ends in one of two ways:

1. Dismissal – Dismissals happen when the judge decides that the personal injury case does not have enough merit to move forward.
2. Judgment – A judgment is a piece of paper signed by a judge. A judgment occurs after the jury comes back with a verdict, which, contrary to popular opinion, is not final. A judge must issue a judgment based on the jury verdict. Usually, the judgment matches the jury verdict in terms of guilt or innocence and the amount of the damages to be awarded. After the judgment is rendered, the losing party may then decide to appeal the case.

If you’ve been injured in an accident and would like to file a personal injury claim, please contact the Phoenix, Arizona personal injury attorneys at Breyer Law Offices, P.C. As experienced personal injury lawyers, we can provide you with a free, confidential assessment of your case.

In Arizona, a personal injury claim begins with a person who has been injured due to the actions or negligence of someone else. That person files a claim requesting monetary compensation for his or her injury. In most cases, Arizona personal injury claims are made against the insurance company that represents the person who caused the injury.

At this point, most personal injury claims conclude with a settlement. In such cases, both the plaintiff and the defendant (or the defendant’s insurance company) agree to an amount of money that is believed to be fair compensation for the injuries sustained. These kinds of settlements are not always equally favorable to both sides, though. Sometimes, the settlement is more favorable to the injured person; and other times, the settlement seems to favor the defendant or insurance company.

In the majority of cases, though, both sides are typically unhappy and wish things had ended differently. However, the key point to make about settlements is that they are agreed upon by both parties. No judge or jury can force a settlement. Instead, both parties settle in order to avoid the risk of a lengthy trial.

If the case can’t be settled, then a lawsuit is typically filed. Filing a lawsuit is the beginning of the litigation process, which entails:

• Answering questions posed by the other side and their lawyers (known as discovery).
• Giving a deposition, which is a testimony given under oath that may be recorded and used in a trial.
• Going to trial.

If you have any questions regarding how a personal injury claim in Arizona works, please get in touch with the skilled personal injury attorneys in Phoenix at Breyer Law Offices, P.C. We will be happy to provide you with a free, no-obligation consultation of your potential case so that you are familiar with your legal rights and options.

There are so many lawyers, it seems, that making an educated decision as to what lawyer should be hired that is the best fit for you and your case has become very difficult. There are an abundance of television commercials, radio commercials, phonebooks, Internet websites, and other means by which lawyers all try to claim that they are the “best personal injury lawyer in Arizona.”

However, there may not be nearly as many lawyers if the question you ask yourself is “where can I find a lawyer that actually goes to trial and will provide me real information and honest answers?” In other words, how many of the lawyer commercials actually provide information to people who need it? How many lawyers actually have enough confidence in their abilities that they are happy to explain the law to potential clients so that those clients may decide, for themselves, whether or not they want to pursue a case?

We are big believers that finding the top injury lawyer is about more than just looking at credentials. Yes, we are very proud of our credentials and we think they speak for themselves. But we also believe that finding the best personal injury lawyer in Arizona is more about finding the best personal injury lawyer for you.

If you want a lawyer that will give you honest answers, fair advice, tell you the truth, and actually give you the information to help you make the decisions that you need to make, you have come to the right place. If you have been involved in an auto accident and you are wondering where to go in terms of hiring a lawyer, please feel free to give us a call at Breyer Law Offices, P.C. You will not receive a sales pitch. You will receive an honest evaluation from our office as to what we think is in your best interest and then we will allow you to make the decision that is best for you and your family during this difficult time.

People who ride bicycles have every right to share the road. They have a right to ride safely as they so often do. Unfortunately, far too often people do not pay attention to the bicyclist on the side of the road. Often, this leads to tragedy. Far too often top Arizona personal injury lawyers are hired by families who have lost loved ones in a bicycle accident.

The families who have lost somebody in a bicycle accident have every right to pursue a claim. However, far too often there are more questions than there are answers. What should a family do if somebody else is blaming the bicyclist? Is a lawyer even necessary after a bicycle fatality? Who is going to help support the family or pay for any lost income? There are so many key questions after a bicycle accident. Many people do not know where to turn.

We encourage anybody who is facing this type of tragedy to make sure they contact the best Phoenix bicycle accident wrongful attorney they can find in the State of Arizona. To find a lawyer that will give them honest answers to every question – not some sort of “sales pitch” to try to get them to hire that particular lawyer or law firm. We encourage anybody who is facing this tragedy to talk to a lawyer that will provide actual information in terms of what their options are so that the family can then make the best decision as to where to go from there.

Not every case requires a lawyer. Not every lawyer is the right fit for that particular family. At Breyer Law Offices, P.C., we are a big believer in providing information in this tough time to anybody who needs it. We encourage you to contact us and we will be happy to provide the answers to the questions that you have.

As Phoenix personal injury lawyers, have seen cases in which there was no working seatbelt available for someone injured in a motor vehicle accident. These sorts of situations in which a person fails to wear a seatbelt because there were none available are rare, but the injured person in such cases is excused legally from the obligation to wear a seatbelt. Juries are also more likely to be forgiving of someone not wearing a seatbelt who did not have one available, particularly if they were in someone else’s vehicle, than for a person who simply chose not to wear a seatbelt when one was available.

That said, we do know there are times when wearing a seatbelt may actually increase the extent of a person’s injuries. If you start to talk about saving lives, however, generally speaking the odds are on those who wear seatbelts. Seatbelts will not always help, and seatbelts do not save lives in every single accident. There will be a small percentage of accidents in which wearing a seatbelt causes greater injury, yet to suggest that because of this seatbelts should never be worn is simply ludicrous. We have seen in our time as experienced Chandler personal injury lawyers, how seatbelts save lives. In fact, seatbelts have saved more lives on more occasions in Arizona and throughout the U.S. than anyone can truly estimate. You should wear your seatbelt every time you get into a car, because it is safer and because it is the smart thing to do.

Now, some people argue that wearing a seatbelt should be a choice. This suggestion, if put into action, would inevitably cause more serious injuries and more deaths in car accidents. As Maricopa County personal injury attorneys, we have helped many people have severe injuries from car accidents. We have helped family members of people who have died in automobile accidents. As experts in this field, we know sometimes that serious injury or death could have been prevented if a seatbelt had been worn. So think about the people you love when you make a decision not to wear a seatbelt, and think about your own financial interests as well, if that will motivate you to buckle up.

What is often surprising is the severity of injuries that result from slip-and-fall and trip-and-fall accidents. So many people who do slip and fall do not get hurt, so they do not expect to see a serious injury as the result of these kinds of accidents. As experienced Chandler slip and fall accident attorneys, we have seen many serious injuries resulting from such accidents. Serious injuries can easily occur in such cases when someone falls unexpectedly and therefore lands awkwardly, sometimes causing serious injury. There have even been cases in which someone died due to a slip-and-fall or trip-and-fall accident.

We have a societal responsibility to avoid causing injury to other people. The property owner or store owner has this same duty. When a person is negligent and allows a dangerous condition to exist that may cause injury to an innocent person, it is important for that person to be held accountable. When injuries do actually occur, it is even more important that the injured person have an experienced personal injury attorney on their side to protect his or her rights and to hold the negligent party accountable.

When you want honest answers to questions you may have about a Chandler trip-and-fall claim, contact the best Maricopa County premise liability attorney you can find. At Breyer Law Offices, P.C., are happy to help and to answer your questions. As Arizona personal injury lawyers, we have helped many people over the years who have been injured due to someone else’s negligence due to these kinds of accidents. For a free consultation, please call us at 623-930-8064.