arizona personal injury attorneys | Phoenix Personal Injury Law Blog - Breyer Law Offices, P.C.
Every year, we come together with family to celebrate the things, the moments, and the people that we are most thankful for. And if you’re the chef in the kitchen, the one thing you’ll be most thankful for at the end of the meal and the end of the day, was a safe, excellent-tasting meal that hit the spot and brought the family closer together.
But preparing a Thanksgiving turkey isn’t as easy as pulling a turkey out of the freezer and stuffing it in the oven for a few hours, though a good chef may make it seem that way. There are four major safety factors that come into play when preparing your holiday bird that every Thanksgiving dinner host must take into account to make the meal right from the start.
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.
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.
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.
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Confidentially reviewed by Attorney Mark Breyer