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arizona personal injury attorneys

Northern Arizona Fire Destroys Homes and Other Structures

One of the leading causes of fatal injuries is fires. Based on the statements from the Centers of Disease Control and Prevention, in average, someone died in a fire every 175 minutes while someone was also injured every 31 minutes in the United States. Usually, the reason for dying in a fire is not due to burns, but due to the smoke or toxic gases.

In northern Arizona, a great fire has been ongoing since Sunday afternoon (AZCentral 06/20/2011). Fire fighters have been working hard since then to contain and stop the raging fire which has covered a large area. Residents who lived around the fire areas have already been evacuated, already anxious whether their house was still standing or have already been consumed by the fire. The fire has already destroyed several homes and other structures.

Big fires such as this are dangerous. Therefore, people should always be prepared. The Arizona family should practice a fire escape plan at least once every 6 months. In the plan, designate at least 2 ways that each family member can escape fires in the house. Afterwards, assign a safe place to meet everybody outside of the home. Smoke alarms also help in detecting fires in the house, so install one on every floor of house, including the basement, and especially near the rooms where family members sleep. Regularly test these smoke alarms every month to ensure that they work.

If you or a loved one has been injured in a fire in Arizona and felt that someone was responsible, then you may call us for a free consultation at (480) 389-2463. We are personal injury lawyers in Phoenix and we may be able to help.

 

Peoria Road Rage Incident Ends in Beating

Another road rage incident was reported earlier this week which left a 72-year-old man hurt with a severe Arizona head injury (AZ Family 04/11/2011). According to police, the beating happened at around 7:15 p.m. near Thunderbird Road and Boswell Boulevard in Peoria while the victim was stopped in traffic.

A man suddenly got out of his vehicle and went to the victim and pulled him from his vehicle while beating him.

According to witness accounts, the suspect appeared to be in his late twenties to early thirties, approximately 6 feet tall and had a light beard and was in a vehicle driven by a woman.

The victim was sent to the intensive care unit of a local hospital after suffering two brain bleeds.

Police say a suspicious 911 call was received right after the beating and are now looking for more information regarding the incident and the identity of the 911 caller.

Just last week, a man was killed after a road rage erupted and ended in gunfire in Gilbert. With the rise of such incidents, road rage is becoming a serious road safety issue for the country.

There are a lot of factors that are associated with road rage, a few of which are sleep deprivation, alcohol, and stress. If you avoid these factors and remember to always stay calm and relaxed while on the road, you will be able to avoid becoming enraged on the road; but you can’t always prevent being the recipient of road rage. If you spot someone changing lanes frequently, tailgating, speeding, or breaking traffic rules by riding in the wrong lane, these are signs of road rage and you should try to avoid getting in the way of these kinds of drivers for your own safety.

Victims of road rage incidents and traffic accidents may contact us at (480) 753-4534 for a free consultation with our Peoria accident lawyers.

 

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.

 

Protect Yourself from Insurance Company Unfair Settlements After a Motorcycle Accident

One way an insurance company may deny compensation to someone who is owed payment on a personal injury claim is to not share the uninsured and underinsured motorist laws when it comes to motorcycle accidents in Arizona.

Even if you have not purchased uninsured and underinsured motorist coverage for your bike, the policy for any vehicle you own or any vehicle owned by a family member with whom you reside may be adequate to cover your motorcycle accident. This fact gains significant importance as soon as the medical bills following a motorcycle accident are too expensive for the other at-fault driver’s insurance company to pay. In this way, hiring an experienced Peoria, Arizona motorcycle accident attorney who understands Arizona insurance laws will increase the possibility of gaining a greater amount of money to resolve medical bills and compensate for wage loss and other out-of-pocket expenses.

If you want honest answers and an expert opinion on how best to pursue a motorcycle accident claim, please feel free to phone us at Breyer Law Offices, P.C. We call it as we see it. We will not tell you only what you want to hear or tell you how great your case is even if there are problems with it. For honest answers to help you decide whether or not you have a credible motorcycle accident claim, give our Arizona personal injury lawyers a call. For a realistic picture of the kind of compensation you can expect to win, give us a call.

 

Arizona Law Relating to Left Turns: Part Two

Here’s the good news: as experienced Arizona personal injury lawyers, we’ve handled enough accident cases that we’ve seen many exceptions to this rule used in court. There are undoubtedly times that the accident was not caused by the person turning left, but by a car running a red light and effectively causing the crash. In some cases, the driver who turns doe so legally, and the court recognizes that other car was speeding and was not close enough to be considered “an immediate hazard.” The oncoming car was the reason the collision took place.

This statute’s validity is not something we object to. 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.

It is important to be familiar with this law so that left turn crashes can be prevented. Please take caution before making a left turn. It is important for anyone hurt in a left turn collision to find out whether or not ARS 28 772 hinders them from filing a claim and obtaining fair compensation. At Breyer Law Office, P.C. we can help answer these questions. Contact us today for a free consultation.

 

Case of Wrongfully Imprisoned Man Raises Concern

You may wonder why we are bringing up the case of a wrongfully convicted man in Texas on an Arizona blog dealing with personal injuries. As lawyers that fight every day for justice for our clients, this case proves to us that there are no sureties in any court of law. It is a tragedy that despite evidence, which seemed overwhelming and was overlooked by the jury, an innocent man was convicted for a rape of which he was not guilty and sentenced to 25 years in prison. These facts show that even when there seems to be clear negligence in an automobile accident in Arizona, there is still a very real chance that a person will not be fully compensated for everything they went through.

This story tells of a man who went to prison for a 1985 rape that he did not commit, and was proved innocent by DNA analysis while the DNA evidence points to a man who confessed to this crime. The man who was proved innocent unfortunately was not released, as he died in prison due to heart problems associated with an asthma condition. This asthma condition should have helped prove that he was not the rapist, as the man who committed the rape was a chain smoker. The wrongly accused man would never have been able to smoke in the manner he was alleged to, and probably not at all.

It is because of this that we understand that even the best Arizona personal injury lawyer cannot guarantee success. We are convinced, however, that an experienced Phoenix personal injury lawyer can certainly improve your chances to receive full and fair compensation if you are seriously injured due to someone else’s negligence.

 

Independent Medical Examinations Can Pose a Risk to Injury Victims

In the Arizona Rules of Civil Procedure there is such a thing allowed called an Independent Medical Examination, or IME. As experienced Arizona personal injury lawyers, we know that an “Independent” Medical Examination is a misnomer. Both insurance defense attorneys and injury lawyers with experience know better. It is too often the Arizona victims of a terrible accident who are deceived by that word “independent” as they go through a medical exam funded by the defense for the insurance companies.

We know that in a situation such as a personal injury auto accident or other accident caused by someone else’s negligence, the injury victim will clearly seek to be treated by trained and trusted medical professionals. In theory, the insurance company deserves to get the opinion of a doctor other than those treating the plaintiff. Yet when the insurance company refuses to pay a claim to an Arizona resident, even if it is wrongfully denying payment for an injury caused by the insured party’s negligence, they have the right to call for an IME with any personal injury case.

What the personal injury victim does not know is that doctors who conduct an IME for Arizona auto accident victims have a vested interest in the outcome, as it is the insurance company that pays the doctor doing the examination. Some doctors earn more than half a million dollars per annum just from these exams. The question that often crosses our minds is whether doctors who conduct such examinations would continue to be paid by insurance companies if they find the victim’s injuries are indeed serious.

The truth is that insurance companies knowingly use IMEs to deny claims to personal injury victims throughout Arizona in order to avoid paying for an insured party’s negligence. Whether it be a truck accident in Mesa, Arizona, a bicycle accident in Yuma, a Phoenix bus crash, or any other accident in Arizona, insurance companies deny compensation to people who have the legal right to receive it. Often, it is IMEs that are to blame. In reality, what they are is “Insurance Medical Examinations.”

This is why we strongly encourage those who are asked to go to a doctor who is being paid by an insurance company to contact a skilled Arizona personal injury lawyer who has the knowledge about deceitful insurance company practices such as IMEs. Too many innocent victims of Arizona car accidents and other accidents in the state are prevented from collecting the compensation they legally deserve.

 

Understanding the Most Efficient Phoenix Car Accident Claims for Your Family

Many Arizona residents will look for a lawyer to help them with a personal injury case after an automobile accident. It is often very difficult to decide whether to hire an Arizona injury attorney after a serious injury or wrongful death happens, as not every severe injury resulting from an Arizona automobile accident requires legal representation.

While the law allows all sorts of claims to be filed, sometimes it is not in the best interests of a grieving family. Money does not erase all, or even most, problems. Yet we disagree strongly with those who say that people who have suffered tragically should not seek compensation to which they are by law allowed. It is the family who must decide whether or not to pursue a claim.

We take pride that we have aided a substantial number of Arizona residents in their Arizona wrongful death and personal injury claims. In our time as wrongful death attorneys in Arizona we have often educated families that are pressured by family and friends to hire a personal injury lawyer against bringing unnecessary claims.

Despite this, we know that Arizona insurance companies put out misinformation concerning personal injury claims. This sometimes amounts to insurance bad faith in Arizona against injured victims and, in too many cases, people are given the impression that personal injury lawyers will charge a substantial fee for settlements that could be made without a lawyer’s help. This said, the insurance industry knows that according to its own studies that people who hire personal injury lawyers get more compensation than those who do not.

This brings up the issue about how an Arizona injury victim should decide whether to hire a personal injury attorney. It is our opinion that a person needs to get answers to certain questions before deciding whether to proceed. We also know that, though we are very able personal injury lawyers and have done nothing but personal injury for many years, we are not the only good Arizona personal injury attorneys. However, we also know that there are unethical personal injury lawyers who will encourage families and injured parties to file claims that are not in their best interests as well as those lawyers who may not understand all the nuances of personal injury law.

That is why we invite all people who have questions about a personal injury case to contact us, as we do not just offer information to those for whom we are sure have a case. What is most important is for a person with a potential personal injury case in Arizona is to speak to a knowledgeable Arizona personal injury lawyer.

 

Man Accidentally Kills Friend At Construction Site

On November 29, 2008, a man sustained fatal injuries while working with his good friend on a construction site. The two friends were excavating on private property next to a water park. For unknown reason, the man who was killed jumped out of his dump truck and was then crushed by the friend operating the excavator as he came between the two machines.

No wrongful death charges were filed against the man operating the excavator, who was deemed a “close personal friend” of the dead man, and the incident was declared an accident.

As Arizona wrongful death lawyers and personal injury attorneys, we’ve seen countless serious injuries and fatalities suffered on construction sites. In many cases, these catastrophies are caused by construction workers who mean well, but who do not follow the safety rules. In other cases, companies or managers take shortcuts and fail to act safely.

From falling objects and live electrical wires to explosions, malfunctioning equipment, and slip and falls, the types of construction accidents can vary. Unfortunately, though, it’s usually human error or negligence that causes these accidents. And injuries from construction site accidents are extremely difficult to endure and overcome; often resulting in life-threatening conditions, amputation, or extensive reconstructive surgery. Work injuries can also leave innocent victims with brain damage, disfigurement, and other illnesses that impact their ability to hold down a job or even pay for their own care.

That is why, if you or a loved one has been seriously injured on the job, one of your first calls should be to an experienced Arizona personal injury attorney. Call Breyer Law Offices, P.C., today at 480-753-4534 for a free consultation.

 

Requirement #2: Prove that the negligence/incident caused an injury

Mark Breyer, Arizona personal injury attorney, continues his discussion of requirements that are incumbent upon any personal injury plaintiff to prove to win their case.

Fortunately, most negligent acts do not result in an injury. It is also fortunate that even where an injury occurs to an innocent person, and even where that injury was caused by someone else’s neglect, the injury is often minimal. Most injuries that are inconsequential are not worthy of bringing an Arizona personal injury claim.

To have a valid personal injury claim, it is not enough that a negligent act caused an injury. Instead, the victim must be able to prove that he/she suffered an injury as a result of another’s negligence. While the allegation of a new injury (or aggravation of prior injury) must be true, it must also be able to be proven with evidence.

We frequently get calls from people that were involved in an Arizona auto accident caused by the negligence of someone else. Though these individuals were not injured, they are understandably angry that their lives were impacted by another’s carelessness or, sometimes, outright recklessness. We are asked by these people whether they can bring a personal injury claim. The answer is no.

Of course, to whatever degree their lives were impacted by the event, they have a theoretical right to make a claim. The defendant or insurance company for the defendant may be willing to offer a small settlement in order to close the claim to and eliminate financial exposure for a belated injury claim. However, to have a personal injury case one must be able to prove an injury resulting from the initial incident. If someone cannot prove they suffered an injury, they have not met this necessary element of a personal injury claim.

This type of question from someone who was not injured in an incident most often takes the form of someone who was involved in a Phoenix car accident. The people who raise this question are usually relieved that they were among the lucky ones who were not hurt. However, they may need their car repaired, or need a rental car, or have a need to get the car declared a total loss so they can purchase a new car. Of course, the law does provide protection to someone with car damage or any type of property damage, due to another person’s negligence; however, this is not really a “personal injury” action, but a “property damage” claim.

The insurance industry – both in the insurance policies they write and in the way they process the claims – usually treat property damage separate from an injury claim. Anything related to a rental car, items damaged in a car at the time of an incident, loss of value to a vehicle, and so forth often are handled as distinct claims from an injury claim.

From a practical standpoint, it is usually lawyers that handle personal injury claims that also take care of these property damage claims for their clients. The legal issues are similar, the factual issues are similar, and it simply makes the most sense for one law firm to handle these issues for their clients.

However, it is important to understand this distinction between a personal injury claim and the related property damage claim: if no injury can be proven, no “personal injury” action exists.

 

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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.

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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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