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2010 February Archive

Can I Still Bring a Personal Injury Case if I Wasn’t Wearing my Seatbelt during the Car Accident?

Arizona seatbelt laws are confusing for some of the people who live in the state. Most people understand that in the state of Arizona, the law requires you to wear a seatbelt. Most people also realize that it has been a law in this state as well as most other states in the country, that the driver must wear a seatbelt while driving. Most people also know that they can get a traffic ticket if they are stopped and are not wearing a seatbelt.

When it comes to how failing to wear a seatbelt can affect a personal injury claim, however, the issue is quite a bit more complex.

As knowledgeable Arizona personal injury lawyers, we feel it is worthwhile to state the obvious. You should always wear your seatbelt. Most of us have heard stories about how people who chose not to wear seatbelts were told by medical personnel in the emergency room or by other experts how they were saved by not wearing a seatbelt. We question the accuracy of these hearsay reports, firstly. Secondly, these types of statements, if true, come from medical doctors, body shop workers, or other people who were not at the scene of the accident, and who have not investigated it thoroughly to determine what exactly happened. Many such comments are made by people who are not experts, and who could not determine in any case if a person’s injuries were lessened by not wearing a seatbelt.

If you have been in a car accident that was caused by another driver’s negligence and you were not wearing a seatbelt, you may find it helpful to contact a skilled Chandler auto accident injury lawyer who has years of experience handling such cases. Call the attorneys at Breyer Law Offices, P.C. today for a free, no-obligation consultation and to learn more about your legal rights and options as an auto accident victim.

 

How Does a Chandler Personal Injury Lawyer Get Paid Out of a Contingency Fee?

Should a personal injury case be lost, the Chandler personal injury lawyer does not receive any payment. However, if the case is successful with a win and a contingency fee was agreed upon, the lawyer would get a percentage of the entire amount awarded. In most cases, the contingency fee is one third (33%) of the total amount.

Can I Get a Decreased Fraction Off the Contingency Fee?
At Breyer Law Offices, we take immense pride in what we have done. We have dedicated many years building our reputation, fighting for our clients’ rights both inside and outside the courtroom, and successfully concluding all manner of personal injury claims for the benefit of our clients. We rarely criticize other lawyers, and we understand that there are many good personal injury lawyers who are willing to discount their services.

Breyer Law Offices, however, is not a discount law firm. We fight just as hard as any other Arizona personal injury attorney, and sometimes harder, to make sure that our clients receive the compensation they deserve. We will not sell our clients short nor do we lack dedication, experience, or results. As such, we consider ourselves a full service personal injury law firm. Personally, we would not go to a professional just because he or she discounted their rates, but would instead attempt to find the best possible person for the job. Since you only get one shot in personal injury cases, we will always recommend that you hire the best personal injury lawyer you can find.

There is nothing wrong with someone hiring a discount lawyer, but we do not fit into this category. Should you be looking for the best possible injury lawyer to fight for your rights to the end, we strongly encourage you to call us. We get paid only when money is recovered, either in the form of a settlement or an amount awarded by a jury in court. We earn our fee for our work based on how much we earn for you, in the same manner as we have been doing since the day we opened our practice. We do not get paid for just trying hard, and will not receive anything until we have recovered money for our client.

 

You Want an Attorney Who Works On a Contingency Fee Basis

The only way in which we work with clients at Breyer Law Offices is on a contingency fee basis. Despite all of our accomplishments in Arizona courtrooms and commendations that we have received from our peers, we continue to work this way. We feel it is an honor to help our seriously injured clients receive full and fair compensation after a Chandler car accident or other serious accident in Arizona. We have never had a client pay a single dollar to us out of their own pocket. Rather, every dollar we have earned came through successfully concluding our clients’ cases.

A big advantage to anyone who hires a Chandler personal injury attorney on a contingency fee basis is that the injury lawyer has as much of a stake in the settlement amount as the client who hired him or her. Utilizing lawyers that work for contingency fees does not necessarily mean that a personal injury attorney will try to get the most out of a case, but it does give the lawyer an incentive. There are some personal injury lawyers who do not like to go to trial, and who will attempt to settle the case without fighting for their clients in the courtroom.

In most cases, however, a contingency fee benefits the client, though it is important before hiring a Chandler personal injury lawyer to evaluate his or her previous performance. Any top personal injury lawyer in Arizona will understand the nuances of Arizona personal injury law and have a record in Arizona courtrooms of fighting insurance companies to the end whenever necessary. A contingency fee will help ensure that a seriously injured client will get the best legal representation possible, as the lawyer will not get paid unless they either negotiate a settlement or win the case in an Arizona courtroom.

 

What is the Difference between an Uninsured Motorist Claim and an Underinsured Motorist Claim?

An uninsured claim can be made only when the person who caused an accident had no insurance coverage at all. Your own insurance policy may, however, cover what the other person’s insurance should have covered.

For example, let us say that you or someone you love was seriously hurt in a car accident in Chandler that someone else caused. The person who caused the accident should be responsible for paying medical expenses, lost income, pain, frustration, and all other damages resulting from the accident for which the injured party can claim compensation. What would happen, however, if the responsible party had not bothered to pay for insurance? Just because the responsible party did not have an insurance policy does not mean that the injured party is without recourse or cannot make a claim.

A Chandler, Arizona car accident victim may be compensated in such cases if he or she had uninsured motorist coverage in the same manner in which they would have been compensated had the negligent party had at fault insurance.

Underinsured motorist coverage deals with similar situations. It is utilized more frequently when serious injuries result from an automobile accident. Let us theorize that a negligent driver causes an accident resulting in a serious injury that costs a considerable amount of money to treat. Medical expenses in some cases are so high that the other person’s insurance does not cover all of the medical bills, leaving no money available to reimburse lost wages from being unable to work or for anything else the law allows compensation.

By contacting a top Chandler car accident lawyer, you will not only be able to learn what your case may be worth, but you will also find out if there is additional insurance coverage that was unknown. In cases of uninsured or underinsured motorist coverage, it may often require the services of an experienced personal injury trial lawyer to find the coverage that will allow full and fair compensation after a Chandler car accident that was not your fault.

 

Is it Possible to Get Compensation for Medical Bills and Lost Wages after Settling a Personal Injury Case?

Those who have been seriously injured in an accident normally want to settle their case in the first year or two, but a seriously injured person is rarely done with his or her treatment in such a time. In fact, the personal injury victim may not even be able to return to their job. Now, this creates a serious problem for someone who was in a Chandler car accident that resulted in a severe injury or permanent disability.

That is why it is so important why any settlement includes money for future medical expenses and future income. This will normally require the assistance of an experienced Arizona personal injury lawyer who can give the car accident victim an honest evaluation from expert witnesses to determine future medical expenses, the likelihood of additional needed medical attention, and an estimate of the income the injured party will lose in the future as a result of the injury.

For this reason, it is a huge risk to sign any sort of document after a Chandler car accident before a qualified personal injury lawyer has reviewed it. Even if a document does not appear to waive a person’s rights in the future, it could still cause serious consequences for an injured party later. An experienced personal Chandler accident injury lawyer should review the case and any documentation related to it before allowing an injured party to sign it.

It would be unjust for an injured party to sign a release early in his or her personal injury case, only to find later that signing that piece of paper resulted in losing rights to seek payment for additional medical care caused directly by a Chandler car accident. To learn more about your legal rights and options after being injured in an auto accident in Arizona, please contact the skilled attorneys at Breyer Law Offices, P.C. We always offer a free, no-obligation consultation to help answer any questions that an injury victim may have.

 

How Much Does it Cost to Hire a Chandler Accident Lawyer?

It is a very different sort of situation hiring a personal injury Phoenix lawyer to work for you compared with how one hires most professionals in Chandler and elsewhere in Arizona. Normally, if you want the best possible Chandler professional for the job, you will inevitably have to pay them a lot of money upfront. So if you want the best Chandler accountant, you would need to have the funds available immediately to pay for the accountant’s time. This would be true for the best doctor or most other professionals in Maricopa County or elsewhere in Arizona.

Even with the accolades we have earned over the years, the Chandler personal injury lawyers at Breyer Law continue to work on a contingency fee basis, just as we always have. Many other top Maricopa County personal injury lawyers continue to work on a contingency fee basis as well.

What is a Contingency Fee?
A contingency fee will allow you to retain the best possible Chandler personal injury lawyer without paying any money upfront. It is important to understand how a contingency fee works. Contingency fees are better for those who do not have tens of thousands of dollars, or in some cases hundreds of thousands, available to hire the best Chandler accident attorney you can find. You would have to pay for every hour a lawyer or paralegal puts towards your personal injury case. Complicated personal injury claims can take thousands of hours of a law firm’s time.

Because of the vast expense involved in any Chandler personal injury claim, most people would never be able to hire a top personal injury lawyer after a car accident in Chandler unless he or she allowed this contingency fee as an option for payment. If you have been injured due to another person’s negligence, please consider giving us a call at Breyer Law. We are dedicated to obtaining full and just compensation for our clients without any cost to them.

 

What Happens if You’ve Been Injured in a Car Accident Caused by Someone Texting or Talking on a Cell Phone?

There are issues that come up with car accidents that were caused when negligent drivers use their cell phones while driving, either because they are talking on their phone or texting a message. The first issue is proof. How can anyone prove that the other driver was using his or her cell phone at the time of the accident and how can you tell if he or she was texting someone while driving?

Also, just because a person was using a cell phone while driving does not mean that the driver is negligent. Getting a person’s cell phone records is an important initial step in proving your case. Usually, a lawsuit or subpoena is required to obtain cellular telephone documents and records and thus help to prove the driver’s negligence.

Should you have any questions about any type of serious personal injury or wrongful death case in Arizona, we invite you to call us. As experienced Arizona injury attorneys who have fought for our clients through the years, we are happy to offer honest advice on your potential claim. We know personal injury cases seems daunting to most people, especially if they are recovering from a serious injury. We know that the idea of dealing with a lawyer and filing a lawsuit can be overwhelming to many people.

We will do everything possible to answer your questions and to make sure that you are completely informed about your options. Regardless of what you plan to do after a Maricopa County car accident that was not your fault, we encourage you to at least contact a top Chandler accident attorney to get your legal questions answered. Once you are fully informed, it will be easier for you to decide how to proceed.

 

Skilled Chandler Personal Injury Attorneys Can Help You Obtain Fair Compensation

While not every insurance company is “out to get you,” an insurance company may continue to offer the injured party a low settlement amount until the trial gets closer and the case inevitably gets settled. What is more important for a seriously injured car accident victim is to hire an Arizona personal injury lawyer who is willing to take the case to trial. A seasoned Arizona trial lawyer who has argued many cases in front of juries is worth much more to his or her clients.

We are very proud of the fact that at Breyer Law Offices our clients know that we will fight for them until the end. This does not just benefit those who choose to go to trial, but also those of our clients who would rather settle their car accident cases. Though it is up to each individual client, we do not encourage our clients to settle for less than their case is worth. We will give the best advice we can, but if one of our clients decides to settle a case when they are not being given a good offer, it is their choice to do so.

As experienced Chandler personal injury attorneys, we will explain why we feel a settlement offer is not sufficient, but in the end it is up to our clients. It is a different story, however, when personal injury attorneys push their clients into settling when there is no fair offer on the table. This does not just hurt that one client, but it also hurts the personal injury lawyer’s reputation among both insurance companies and defendants. If they know that a specific lawyer will not put up a fight for their clients, there is no reason to put a fair offer on the table. It is for this reason that we state unequivocally that we will fight for our clients from the first day until the end. We are not just personal injury lawyers, we are seasoned Arizona trial lawyers as well. Contact us today for a free, no-obligation consultation.

 

Should I Settle My Chandler Auto Accident Case?

Many personal injury lawyers in Chandler, Arizona focus on the fact that they settle nearly every case that they take. Commonly settlements are done because most people do not want to go to trial, and people who have been seriously injured in a car accident want to settle their case. These people want compensation to which they are legally entitled.

Despite what some people may think, most people who have suffered a serious personal injury or who have lost a loved one in an accident are not looking forward to some giant payday. Most people who file a personal injury claim are simply looking to get what is fair. It is not in most people’s interest to go to trial, and if they can settle for a monetary figure that is fair, that is what they want to do.

It is important that someone injured in a Chandler car accident be very careful when searching for a lawyer who will promise to settle a case. The insurance industry has become extremely sophisticated, and they know who the best Chandler personal injury lawyers are. They also know that the top Chandler car accident attorneys will take the case to trial if necessary.

A lawyer’s willingness to take a personal injury case to trial makes it far more likely that an insurance company will settle the case. If an insurance company knows that a seriously injured person has hired a lawyer who settles every case out of court, the insurance company has no incentive to make a fair offer.

As skilled Arizona personal injury lawyers, we will explain why we feel a settlement offer is not sufficient, but in the end it is up to our clients. If you’re looking for honest answers to your questions regarding filing a personal injury claim, please feel free to contact Breyer Law Offices, P.C. We can help.

 

Understanding Liens and Paying for Medical Bills after a Chandler Car Accident

Liens are rare when health insurance is available. In cases where an injured victim needs medical care but does not have health insurance, most experienced and well-connected Phoenix personal injury lawyers will not need to get involved in the medical aspect of the case. In most cases, a personal injury lawyer will want to avoid anything that could appear as if he or she were simply trying to get more money for the injured party.

Even if a kind-hearted personal injury lawyer refers a client to a doctor to ensure that their medical condition is treated, a jury may believe the lawyer was attempting to increase the medical expenses in the case and thus increase the total payout, even if this is not the case. It is for this reason why personal injury lawyers must be extremely careful when they get involved in the medical aspects of their clients’ car accident cases. Good personal injury lawyers will do everything possible to ensure that their clients get the best possible medical care available, even if their clients are unable to pay without the help of a lawyer.

There is nothing more important to us than the health of our clients. As personal injury attorneys in Chandler, AZ, we are committed to more than just achieving the best legal results possible. We have helped our clients in nearly every aspect of their lives and with nearly every type of personal injury. Our ideal as Arizona personal injury attorneys is to return our clients to full health or, if this is not possible, to at least get for them the best medical care possible. Breyer Law is committed to our clients. If you have concerns about paying for medical care after a serious automobile accident or other personal injury, we urge you to contact us right away. We do everything we can to ensure that our clients have access to the medical treatment they need so that they recover fully after any car accident.

 

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Phoenix Personal Injury Attorney Disclaimer: The information offered by Breyer Law Offices and contained herein, regarding Arizona statutes and claimants' rights is general in scope and should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact a Phoenix car accident lawyer or Phoenix wrongful death lawyer for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of Arizona.

© 2012 Breyer Law Offices, P.C. - All rights reserved. Phoenix Arizona Personal Injury Lawyers and Phoenix Car Accident Attorneys serving all areas of Arizona including Phoenix, Tucson, Chandler, Mesa and Glendale.

Breyer Law Office Addresses: Avondale Personal Injury Lawyers - 12725 W. Indian School Road, Suite E-101, Avondale, Arizona 85323Tucson Personal Injury Lawyers - 2 East Congress St., Suite 900, Tucson, AZ 85701Phoenix Personal Injury Attorneys - 15715 S. 46th Street, Phoenix, Arizona 85048Mesa Personal Injury Law Firm - 3707 E. Southern Avenue, Mesa, AZ 85206Phoenix Personal Injury Lawyers - 2942 N. 24th St, Phoenix, AZ 85016

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