Law & Information

Proving an Arizona Personal Injury Case

By Personal Injury Lawyer on March 12, 2010

The best Tucson, Arizona automobile accident attorneys often must explain the anti-plaintiff bias found in many personal injury cases. So much disinformation has been spread concerning serious personal injury claims, that victims of serious injuries often have to battle against insurance propaganda that taints many jurors. Because of this, documenting every injury as soon as possible after the accident is imperative.

So often people do not follow up with their doctor about the pain they are feeling after a serious car accident, as they think they will just recover from it. Though we hope that any injury victim will recover fully from his or her injuries and not have to go to a specialist doctor or have their injuries documented further, top Arizona personal injury lawyers understand that if they do not do everything possible to treat their injuries, personal injury victims may later be accused of not having suffered the serious injuries they claim to have suffered. The real danger in not seeking thorough medical evaluations is that the injury may in fact be more serious than it appears.

For example, shoulder pain or discomfort is not unusual after a serious car accident, and usually such injuries heal on their own. However, it may happen that the reason the injured party tore a rotator cuff or suffered from a torn labrum after a car accident, and the failure to follow these injuries up by seeing a doctor immediately after the accident can cause an insurance company to delay or deny a claim and treatment for the injury.

That is why it is so important to document everything. Otherwise, the insurance company for the negligent party may try to deny compensation for which you are legally entitled to.

Should you be facing a situation such as those mentioned after a serious Phoenix car accident, we encourage you to seek treatment to improve your condition and to further document your personal injury. If you have missed such an opportunity and the insurance company is now trying to deny your claim, please contact us immediately. We can discuss the opportunities that may be present to help you prove that the injuries you incurred were due to the auto accident in question.

An Honest Auto Accident Lawyer in Arizona?

By Personal Injury Lawyer on March 11, 2010

Would it surprise you to learn that the very best personal injury lawyer in Arizona is honest? Does it surprise you if you find out that the top ten auto accident lawyers in the State of Arizona are honest? Would it surprise you to learn that almost all of the very best, most respected, highest rated Arizona personal injury car accident attorneys are honest? Well, that is too bad. It is a shame that we have come to that point.

I believe that the best lawyers are inherently honest, particularly so with their clients. And, I think it is almost necessary for a lawyer to be considered the “best lawyer in Arizona” for them to be somebody who can tell their client the truth, whether that news they are providing is good, bad, or somewhere in between.

It is too easy for someone to be a “salesman” when talking to a potential client. Too easy to tell the client that they want to sign up and have as a new client what the person wants to hear.

I do not believe a top lawyer will do that.

We have a very strict policy in our office and we have from the beginning, we treat people as we would want to be treated. If there is a problem with a case I have, I expect my lawyer to tell me that honestly and in a straightforward way. Just like if there is something very good about my case, I expect my lawyer to be honest about that upfront instead of later claiming that it was surprise or something that the lawyer created through their work and effort.

If you want an injury personal Phoenix lawyer that will be honest with you, you are free to give us a call. However, if you are somebody that just wants to be told all of the “good news” without an honest and straightforward assessment of your claim, then you should probably look elsewhere. We did not build our reputation by being dishonest. We believe that any great lawyer will be honest with their client and explain the strengths of their personal injury case, and if there are any weaknesses will be straightforward and explain those at the outset so there are no surprises down the road.

Top-Rated Arizona Personal Injury Lawyer Discusses Accident Claims and Medical Records

By Personal Injury Lawyer on March 10, 2010

As a certified specialist in injury and wrongful death litigation in Arizona, I am very experienced in helping people who have suffered serious injuries as a result of the negligence of another. Immediately after the injury is suffered, most personal injury victims are taken to the hospital. Very often this is done by either helicopter (air evacuation) or by ambulance. The documentation of the condition and the injury suffered begins right at the scene of an accident. The first responders will have notes of the condition that they observe for a new personal injury plaintiff. After that, the ambulance driver and/or air evacuation unit will have further notes. Upon arrival at the hospital, there is a new set of eyes and medical providers who are taking more notes. Within 45 minutes of a very serious accident, it is not unusual to have at least three different sets of notes and observations.

After that, the medical records grow and grow and grow. The reality is that medical providers are very busy. They do their best to document the medical condition somebody is in. However, medical records are very often inaccurate. That is due to any number of factors including, but not limited to, how busy the doctors may be, communication problems between the person who was injured and the doctors, doctors memory when they dictate notes after having seen many different people between the time they saw the injured plaintiff and the time that their notes were dictated, and a variety of other factors.

Overcoming errors in medical records can be very difficult because of the power of the written word and the faith people put into the medical charts. Therefore, having a Scottsdale personal injury lawyer who is experienced and going through all the medical records, and where necessary having a nurse or doctor review the chart for added scrutiny, and looking for things that will be consistent with the information that was accurate and favorable, as opposed to the mistake or miscommunication that got written down by one provider, is vital.

If you have any questions whatsoever about obtaining or handling a personal injury case and what to do about your medical records, please do not hesitate to give us a call at Breyer Law Offices, P.C. We are very happy to provide you honest insight into the effect any particular medical records may have upon your potential serious personal injury claim.

Arizona Personal Injury Lawyer Says to Consider Using a Diary

By Personal Injury Lawyer on March 9, 2010

“If it isn’t written, it didn’t happen.” This is a statement that every personal injury claimant should be aware of. It is one we use around our office regularly. It is not true. Many things happen that are not written. Many other things happen in serious personal injury cases that are written, but they are written inaccurately.

Unfortunately, cases are not decided based upon the truth. They are not decided based upon the facts. Instead, cases are decided based upon “evidence.” Evidence may or may not be accurate, and it may or may not be an accurate reflection of the facts that actually happen.

Therefore, one thing to give very serious thought to, is keeping a diary. You should talk to any top personal injury Arizona lawyer that you hire prior to making this decision. There are risks in keeping a diary. They have to be kept not only accurately but kept in some sort of consistent manner dealing with the types of things that your lawyer may want you to deal with.

However, there can be advantage over not keeping a diary in many cases. If a case goes to trial, the jury will often be hearing about the severe effect on the plaintiff’s life from years earlier. The plaintiff can take the stand and explain all of the ways their life was affected because of the personal injury case and the injury from which it arose. However, being able to show the jury documented evidence of what they went through written back at the time they were going through it can be very powerful.

Like any other matter related to serious personal injury cases, find the best Phoenix injury attorney you can find and have a very serious discussion about whether or not keeping a diary or journal is a good idea for your case and, importantly, the best way to keep that journal to avoid somebody later twisting it and trying to use it against you.

Can a Phoenix Car Accident Lawyer Fire a Client?

By Personal Injury Lawyer on March 8, 2010

Many people who are searching for a top auto accident lawyer in Phoenix think only in terms of finding the best lawyer they can for themselves. This is exactly what they ought to do. They ought to find a lawyer with the best credentials, with the right personality and demeanor, and the right spirit and sense of justice that fits the needs of the person who has only one chance to obtain justice. And, that is the reality - there is only one opportunity to obtain justice after a serious personal injury matter or for the family who has lost somebody in a wrongful death situation. Therefore, the focus is rightly on finding that top lawyer. However, some wonder whether or not a lawyer will always work for their client, regardless of what may happen.

Well, I can only speak from personal experience. Our clients fight to overcome the obstacles they have been presented and they deserve a fighter on their side. We will take a case all the way to trial, regardless of the odds that stand against us and regardless of the fact that others may “quit” on their clients. Justice, in and of itself, is worth the fight. Beyond that, any time a lawyer simply runs away from a fight and drops a case or just about “forces” their client to settle a case the insurance company and the insurance industry is watching. They know the lawyers that will fight, and they know the lawyers that don’t know their way around the courthouse.

However, there are rare circumstances where lawyers can-and should-“fire” their clients. If a client is dishonest with their lawyer and/or has not told the truth to medical providers, police, or other vital witnesses related to the personal injury case, they do not deserve a lawyer. The best lawyers stay committed to their clients from start to finish no matter what. People who do not have real claims and are simply trying to “work the system’ do not deserve lawyers, and those lawyers should immediately “fire the client” if that is every discovered.

Fortunately, in our experience, people who are trying to “get over” on the system are extremely rare. Most people are honest, straightforward people whose lives have been changed due to no fault of their own, and they want the best possible lawyer to fight for them and stand by their side.

Why Finding the Best Personal Injury Lawyer for You Matters

By Personal Injury Lawyer on March 4, 2010

As an experienced Tucson personal injury lawyer, I have been approached in many, many cases by people who want to leave the lawyer they originally hired. Very often, the reason they want to leave the lawyer they hired is because they hired a lawyer that handles many different areas of the law and does not have a specific focus or expertise when it comes to personal injury. As a result of that lack of experience and expertise, the lawyer makes many mistakes along the way that can jeopardize the rights of the person that they represent.

A personal injury claim is unlike some other claims in the law. It is not an ongoing process that has no end. Hiring the wrong lawyer is not something that just affects somebody during the time they have that lawyer. Instead, hiring the wrong lawyer can have serious financial repercussions for somebody over the rest of their life.

Arizona personal injury cases are almost always settled on a “one time only” basis. In other words, there will only be one settlement. Therefore, hiring just any lawyer that may be in the neighborhood or may be in the same city- if it is not the best lawyer you can find that fits you and your case- can be a terrible mistake. Find a top lawyer. Find a lawyer that focuses entirely or almost entirely on personal injury law. If it makes you more comfortable, find a lawyer who has been certified as a specialist by the State Bar of Arizona in injury and wrongful death litigation, a lawyer who has met the credentials necessary and has proved themselves to judges, their adversaries, and their peers in order to allow them to achieve that designation.

However, hiring the best lawyer is more than just about finding the right credentials. It is about finding a lawyer who will be straightforward and honest and who fits your personal needs. Whether that personal injury Arizona lawyer is two blocks from your home, or on the other side of the state, it is worthwhile to find the best lawyer for you. Between email, faxes, phone calls, and through the mail, having the best lawyer is much more important than having the lawyer that just happens to be a little bit more convenient for you. This is not about picking up a quick lunch; this is about something that can affect the rest of your life.

Can I File a Personal Injury Lawsuit without a Lawyer?

By Personal Injury Lawyer on March 3, 2010

Yes, under the law it is not required to hire any Tucson personal injury lawyer in order to bring a personal injury lawsuit. In fact, even before a lawsuit will be filed, an insurance claim is often the first step that is taken in order to try to obtain fair compensation as a result of the injury claim. Can that be done without a lawyer? Yes. Is it a good idea? Sometimes it is a fine idea, and other times it is a potential disaster.

For those people who suffer minor injuries as a result of a car accident or as the result of any other negligent action that led to their injury by somebody else, it may not be a big deal to not hire a lawyer. In fact, I believe some cases where the injury is small do not justify hiring a personal injury lawyer-either for the person who is injured or for the attorney.

On the other hand, where the injuries are permanent, extremely severe, or where there are huge amounts of monies owed due to medical bills or lost wages, I believe it is very important to give very serious thought to hiring a personal injury lawyer. Where the injury or effect of the injury can be life changing, not hiring the best personal injury lawyer you can find could be a terrible and life-altering mistake that adds insult to injury. In other words, for those people who have suffered permanent injuries or who lose a loved one, simply walking away from the case and not receiving compensation can be a mistake with horrendous consequences.

Now, there are also some claims that could fall in either category. Claims where it is probably a significant financial mistake to not hire a lawyer, but where it will not have life-altering effects if someone chooses to forego the claim or try to handle it on their own. The reality is that hiring a good Arizona personal injury attorney should make your life easier, it should increase the likelihood that you receive full and fair compensation under the law, and it should greatly reduce any chance that you would be taken advantage of or that you will lose out on your rights.

The best way to find out whether or not you need a personal injury lawyer is to sit down with the best lawyer that you can find and get their feedback on your claim. In this way, you will be able to make an informed decision in deciding whether or not to move the case forward at all, by yourself, or with the help of an experienced attorney at your side.

Talk to a Phoenix Personal Injury Lawyer Before You Talk to the Other Person’s Insurance Company

By Personal Injury Lawyer on March 2, 2010

As a specialist in personal injury law, I’m very surprised by how often people are willing to trust the insurance company for the driver that caused the car accident before they will trust a lawyer that they hire. Or, to be more specific, they refuse to consider even hiring a lawyer and instead try to handle the case on their own and talk directly to the insurance company that is against them.

Now, let’s be very clear. I understand I am a personal injury lawyer. I understand that all I do is help people who are hurt. I therefore recognize the fact that I have a “bias” when I talk about the need to trust a personal injury lawyer before trusting the insurance company for the other side.

On the other hand, this is not about me and it’s not about my firm. Sure, we take great pride in the fight that we put up to help our clients. Yes, we know we are straightforward with our clients and we are honest with them so that they know what they are facing. We also have the experience to know how to protect our clients from making mistakes that will jeopardize their claim when they have every right to recover. However, it is not about our firm but about hiring any good, experienced, top-level personal injury lawyer before talking to the adverse insurance company. This is especially true with serious personal injury cases.

The adverse insurance company is not on your side. They are not supposed to be on your side. There are shareholders that are in effect owners of that insurance company that expect that insurance company to do whatever they can to save money. The money they save is at the expense of the person who has a very serious personal injury case. As a result, it is a mistake to expect the insurance company to be “fair” when that is not the job they are paid to do.

We strongly encourage anybody who has a serious personal injury or auto accident claim to talk to a good, honest Phoenix personal injury lawyer before they talk to the insurance company. The insurance company may twist your words against you. The insurance company may claim you said things that you never said. What we know for sure, even if the insurance company is not dishonest in any way, is that they do not have your interest at heart. They are concerned with their money not your rights.

Talk to a good lawyer. Get your questions answered. Then, and only then, consider whether it makes sense to talk to an insurance company that is likely to try to minimize the claim that you are making.

Arizona Personal Injury Cases Require Witnesses Who Are Willing to Testify

By Personal Injury Lawyer on February 26, 2010

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.

Is it Beneficial to Settle an Injury Claim in Mesa?

By Personal Injury Lawyer on February 25, 2010

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.