2010 April Archive

Tucson car accident attorneys deal regularly with insurance claims. For most Arizona personal injury attorneys, the majority of the work done on behalf of their clients involves dealing with insurance companies. Yet a good number of people who have been involved in an auto accident fail to understand the role an insurance company plays for the defendant in a Tucson personal injury case.

Insurance companies make a profit partly through minimizing how much they pay to someone who has been injured due to their insured driver’s negligence. Some people think they will be able to negotiate a fair settlement with the other driver’s insurance company without involving a lawyer. Yet it must be made clear that the insurance company for the other person is not required to act fairly. Usually they will do everything possible to ensure that the damages that they must pay are minimized.

Filing a claim with an insurance company is not the same as filing a lawsuit. The steps that need to be taken, the deadlines involved, and the interactions with the adverse party are different. Rules of evidence that apply in an Arizona personal injury trial do not apply to any negotiations that may take place with the insurance company.

It is almost always best when making an insurance claim for an accident that happened in Tucson, Phoenix, or elsewhere in Arizona to find the best car accident attorney you can find. You need answers that only a seasoned Arizona injury lawyer can provide about the process or filing a personal injury claim and also whether you really need a personal injury lawyer. For an honest evaluation of your injury claim, please contact us.

Those who are badly injured in auto accidents in Chandler typically look to hire a top attorney soon after. This is the best move they can make since a skilled personal injury attorney can help them navigate the complex legal landscape and build a strong case. A personal injury attorney is actually like an advocate for the injured victim. They fight for justice on behalf of the injured victim and stand up to insurance companies in order to ensure their client receive fair and full compensation.

There are times, though, when a personal injury lawyer may have a client who is not completely upfront with them or who just outright lies. In these instances, it is not unreasonable for the auto accident lawyer to “fire” their client. That person does not deserve a hard-working attorney if they have not only continually lied to the attorney, but also to law enforcement and medical personnel. These are people who try to work the system and they only make things more difficult for honest lawyers and honest plaintiffs fighting for justice.

Fortunately, in our many years practicing as accident attorneys in Arizona, we have not had to deal with too many clients who are trying to take advantage of the system. In contrast, the vast majority of personal injury plaintiffs are simply hard-working folks looking for a little justice.

Although a person is not required by law to hire a lawyer in a personal injury lawsuit, it is almost always advisable to do so. The legal system in Arizona and elsewhere in the country has become incredibly complex, and the Arizona Rules of Civil Procedure may look like another language to someone who does not regularly practice personal injury law. So too are the Arizona Rules of Evidence, which can dumbfound those not trained as trial lawyers.

That is why we suggest strongly that a person in Arizona who wishes to bring a personal injury lawsuit against someone else have a knowledgeable personal injury attorney by his or her side. It is perhaps even more important that someone considering a personal injury suit at least talk to an expert in Arizona personal injury law before he or she file his or her lawsuit. In this way, at least you will be given some guidance on whether to pursue a lawsuit in your particular case.

It is not advisable in every case to file a complaint and to pursue a lawsuit, so hearing a personal injury lawyer’s expert opinion on your case can give you the best idea how to move forward in your particular situation. Every case is different and requires a thorough evaluation from a skilled Tucson accident attorney who has handled a wide range of personal injury cases.

Absolutely not. Even if they tell you it’s required, don’t listen to them because that’s not true. In Arizona, under the law, you do not have to give a recorded statement to the negligent driver’s insurance company. But the insurance company uses this as a tactic to pressure people like you into giving a statement.

As Arizona car accident attorneys, we can’t tell you how many people we have seen who don’t understand why they shouldn’t talk to the insurance company. They think as long as they tell the truth, everything will be fine. Unfortunately, that’s not the case. The reason is that the insurance company is not necessarily concerned with being fair and equitable; they are most concerned with paying out the least amount of money possible for your claim. As a result, if you give a recorded statement, the insurance company may try to twist your words in their favor. You’d be much better off giving a written statement, where you won’t be speaking off the cuff and say something that could be taken out of context.

If the negligent driver’s insurance company is pressuring you to give a recorded statement, then please consult with an attorney. At Breyer Law Offices, our Phoenix injury lawyers are just a phone call away and can help you properly deal with the insurance company to ensure you receive the compensation you deserve.

When a bad auto accident happens in Maricopa County, or anywhere else in Arizona, the first responders to the accident are the first to begin documenting injuries. The next group of people who will document injuries are the EMT who transport the injured victim, whether in a helicopter or in an ambulance. Next, the staff at the hospital will document the injuries. So in about 40 to 50 minutes, three different sets of notes are created that describe the injuries. All of these notes will then go into the injured person’s medical records.

As the victim is treated for their injuries, the medical records continue to grow. The nurses and doctors do their very best to accurately document the injuries. However, as Maricopa County injury attorneys, we’ve seen many cases where the medical records are inaccurate. This is due to a number of factors, including time limitations and communication problems.

The problem with this is that people – such as those that serve on a jury – put a lot of faith in medical records. If those records are inaccurate, that could drastically impact a personal injury case. Therefore, it’s important to hire an attorney in Maricopa County who has experience going through medical records, and who can hire a medical expert to review the records to ensure they are consistent.

If you’ve been injured in an accident and have questions about your medical records, please contact us. Our Phoenix accident lawyers will evaluate your records, answer your questions, and give you an honest assessment of all your legal options.

Many individuals who haven’t had to deal with an insurance company in the past feel like the company will treat them fairly. They don’t have any issues calling the negligent driver’s insurance company because they think they can handle the situation on their own. However, insurance companies are not in business to look out for the best interests of an injured victim; they are in business to make money and to show a profit to their shareholders. For that reason, an insurance company may try to twist the words of the injured victim in an attempt to weaken their insurance claim.

As Scottsdale personal injury lawyers, we understand that we’re not an independent, unbiased source. However, we’ve dealt with many insurance companies in the past and we’ve seen how they treat injured victims. That’s why we recommend anyone who has been badly injured in an accident in Scottsdale to contact an injury lawyer first, before contacting the insurance company.

If you’ve been injured in an accident, don’t make the mistake of contacting the insurance company directly. Please contact us first. The last thing you want to do is jeopardize the validity of your claim and the amount of compensation you could receive.

1. Insurance companies don’t concentrate on making money; they are more focused on being fair to claimants.
2. If someone they insure is at fault in an accident, the insurance company will always admit to that fault and will be happy to pay for any damages. They will never try to deny a claim nor will they ever put the blame on the victim.
3. An insurance company won’t point to pre-existing conditions as a cause for the injuries instead of the accident. Nor will they hire nurses, doctors, and other expert witnesses in an attempt to duck responsibility.
4. When shown proof of injuries, the insurance company will make the process of paying out compensation quick and easy for the victim. They feel like the injured person has already been through enough and don’t want to add to their burden.
5. An insurance company will have no problem admitting to how much money they have available to compensate the injured victim for the personal injury claim. Nor will they deny any other insurance policies are held by the defendant that could help pay for the claim.

Obviously, we’re being pretty sarcastic with the five points above. Unfortunately, the reality of the situation is that an insurance company will go to great lengths in order to avoid paying out a personal injury claim – no matter how badly injured the victim is.

If you’ve been injured in an accident caused by a negligent party, please contact us. As Arizona accident lawyers, we will evaluate your case, answer your questions, and give you an honest assessment of all your legal options so you can make the right decision for you and your family.

In most personal injury cases in Arizona, the negligent driver will try to dispute the traffic ticket they received from the Phoenix injury accident. As a result, that means you -the injured victim -may be subpoenaed to appear in court. Don’t be concerned if you receive such a summons. A subpoena simply means that you are required to go to court and tell what happened that led up to the accident.

Again, this is not something to be concerned about. In accident cases, it is very commonplace. But if you’re thinking about skipping out on the court appearance, think again. Failure to show up will not have a favorable impact on your personal injury case. Not going to court will look like you are trying to avoid answering questions for some reason. But by going to court, you will have an opportunity to help ensure the traffic citation sticks to the defendant, which can only help your case.

If you have been subpoenaed, you may want to consider hiring an Arizona accident lawyer before appearing in court. An attorney can help prepare you for what will take place when you testify. If you have any questions, please don’t hesitate to contact Breyer Law Offices. We’re happy to answer your questions and explain the process to you.

In Arizona, there is a law called “vicarious liability,” which deals with employers, employees, and driving. It basically means that when someone working for a company causes an accident during the course and scope of their work, then the employer can also be held liable for the accident. While most times running a red light or failing to stop at a stop sign makes the driver responsible for the accident, if they are on the job, then the employer is responsible, as well.

As Phoenix auto accident lawyers, we’ve seen too many people suffer from devastating injuries as a result of texting and driving. As a result, we strongly encourage all Arizona employers to implement a no texting and driving policy. The fear of possibly losing their job could cause someone to make the wise choice of not texting and driving while they are on the job (and hopefully when they’re not on the job, as well).

If you or a loved one has been a victim of distracted driving and you’re looking for legal help, please contact Breyer Law Office today. We can explain the rights you have against the negligent driver, the employer, and any other entity that may have contributed to or caused the injuries you sustained.

Many people would rather avoid hiring an Arizona personal injury lawyer for their personal injury case. They would rather settle their claim than have to deal with courts, lawyers, and a potentially long and drawn out legal battle. Even so, when people try to handle it on their own, they often have questions about whether they should settle their personal injury case or whether they would do better by hiring a lawyer.

There is seldom an easy answer to this question, as it involves a number of factors, with details specific to each personal injury claim. Now, you may want to know what the claim is worth before deciding whether it is worth pursuing. This does not mean you should look at what amount would be fair as a settlement, however, but rather look at whether pursuing a personal injury claim would be more beneficial to the person who was injured than not pursuing it.

In nearly every personal injury case that is not settled, a jury will decide what the case ultimately is worth. It is this prospective jury, made up of people whose backgrounds are unknown, who will decide on how much the case is worth. Even if everybody you talk to says your personal injury case is worth a million dollars, and the jury decides it is worth one dollar, then that is what the injured party is more than likely to receive. Despite how terrible an accident may have been, the terrible injuries involved, and the financial losses that were brought on due to the accident, if a jury says that a personal injury claim is worth one dollar, then it is worth one dollar. So if we had a crystal ball, and knew that the jury was going to award one dollar in a judgment, and the liable party offered to settle for two dollars, we would call that a favorable settlement in any personal injury claim.

This may be difficult to accept and understand, as it goes against what we think of as fair and just, but this is how our legal system works. It is the jury who decides how much to award, and it is what the jury will award that anyone involved in a personal injury case must try to predict in order to decide whether it is worth pursuing. Only in that way can a person truly make a decision about whether it is worth it to pursue a personal injury claim.

Say we look at the above case from another perspective. This time, all the people you speak to about your personal injury case say that your case has no merit, and agree that a fair settlement then would be zero dollars. Looking into our crystal ball, and seeing that the jury would award a million dollars would mean that a settlement of even nine hundred thousand dollars would be unfavorable to the injured party.

At Breyer Law Offices, P.C., we understand that every personal injury case is different. In our many years of experience as Glendale personal injury lawyers in Arizona, we are familiar with the ins and outs of a wide range of injury cases. To learn more about your legal rights and so that you can make the best decision whether to settle your case or not, please contact us for a free consultation. Call 623-930-8064 today.