Arizona Accident Lawyer Blog

A disturbing statistic was published recently in an article regarding the quantity of people who die as a result of automobile accidents daily. 110 people per day are killed on our roadways. This does not include those who suffer severe and debilitating injuries as a result of auto accidents in Phoenix and other American cities.

Considering that most auto accidents are caused by negligence, what can be done to limit these tragic accidents?

Arizona auto accident lawyers do not just help one individual receive compensation. Even in the case of Phoenix fatal auto accidents, lawyers help families receive not just money or peace of mind, but justice.

More importantly, car accident lawyers help save lives. If drivers understand that their financial interests are at stake when they’re negligent on the roadway, perhaps we can reduce the number of deaths on the highway in 2009.

Continue reading "U.S. Auto Accidents Attributed Mostly to Driver Negligence" »

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Posted In: Personal Injury , Wrongful Death , Automobile Accidents

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Insurance companies often deny claims for rotator cuff injuries after automobile accidents in Arizona. They point to published reports to show that the primary cause of rotator cuff injury is repetitive use.

As personal injury lawyers in Arizona, we go beyond legal aspects to understand the medical aspects our clients confront. All skilled Arizona car accident attorneys see accidents where there is an outstretched hand or movement of the arm that causes a rotator cuff tear by injuring tendons. With specialized knowledge we can demonstrate the injury’s cause.

The same applies when an insurance company continues to deny the obvious. Information has been shown to juries to demonstrate that when a rotator cuff tear occurs in claimants under 60 years old, the injury is likely caused by trauma. In those cases, it becomes much easier to correlate the injury to the underlying accident.

It is not surprising to see claims denied for rotator cuff injuries. In fact, it is not uncommon to see any claim denied. It is the job of an experienced Phoenix personal injury lawyer to ensure fair compensation is awarded to the person who has a right to recover money damages for losses suffered as a result of somebody else’s negligence.

It is unfortunate that retaining a lawyer is necessary. However, in most situations, a rotator cuff tear is likely to be disputed. A personal injury lawyer has the only realistic shot at receiving full and fair compensation.

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Posted In: Personal Injury , Automobile Accidents , Insurance Coverage Disputes

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According to a report, car accident injuries are the most common cause of head trauma leading to vision loss in this country. More than a million Americans experience vision problems following a head injury. How can one who has suffered vision loss expect to win justice?

Because we do not regard vision loss as a common result from a traumatic head injury in Arizona, anyone who is sued because of purported vision loss after a crash will be skeptical. Even when vision loss was suffered as a result of a head injury in a Phoenix car crash, an insurance company could deny the claim hoping that a jury will be unconvinced.

But Arizona law does not only compensate people who suffer “expected” injuries. Arizona law allows compensation for all claims, according to The Master Guide to Handling Injury Cases in Arizona. In fact, Arizona uses what is known as the eggshell skull rule. This means that if a victim had a predisposition to a particular health problem, such as hemophilia, and they are involved in an accident that complicates the problem, the negligent party is responsible for the harm caused.

If the carelessness of one driver in Arizona causes injury to another, the negligent driver is liable. Often, insurance companies try to avoid liability. It takes an experienced lawyer to manage all aspects of personal injury claims in Arizona and present the best opportunity for full and fair compensation for all injuries, not just “typical” ones.

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Posted In: Personal Injury , Automobile Accidents , Brain Injury

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We cannot let the bus industry change the debate. Analyzing the website of one bus industry association, it is clear that they support bus safety in a way that suits their goals. But too many people suffer injuries in bus accidents in Arizona for bus safety to be about framing a question.

We commonly see preventable injuries because negligent bus drivers fall asleep at the wheel, were not physically able to drive, or drove carelessly. So the question of whether seatbelts should be installed in buses ought to be answered with a direct yes or no question.

However, the bus industry clearly wants to avoid a direct referendum. Why? Seatbelts are proven to save lives. Riders would be less likely to suffer serious injuries due to bus driver and busing company neglect if seatbelts are installed and it’s true that installing seatbelts will cost money, but isn’t that worth the lives it may save?

There’s not necessarily a clear answer. But what is clear is that installing seatbelts in buses is a good idea. There would be fewer Arizona personal injury claims related to busing negligence if we had seatbelts.

Undoubtedly top personal injury lawyers in Arizona would not have to help as many families who have been devastated from Phoenix bus accidents if seatbelts were installed.

Let the busing industry show that this isn’t true. No matter how we frame the debate, it deserves lucid discussion.

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Posted In: Personal Injury , Wrongful Death , Automobile Accidents , Bus Accidents

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Rollover accidents in Arizona cause a lot of cases injury attorneys see. However, we'd like to warn all drivers to avoid allowing passengers in the bed of a pickup truck. The bed of a pickup truck is a very dangerous place. Yet far too often we see passengers in the back of a moving vehicle.

Unfortunately, nearly 28,000 people die every year by falling against or from a vehicle, according to a report. Even allowing children in the back of a parked pickup truck can be dangerous because it’s easy for them to fall over the truck’s side, causing terrible, preventable injuries, and even wrongful death.

When truck bed passengers are rear-ended and hurt, arguing that it’s not the truck driver’s fault does not erase children's injuries in Phoenix.

But some would argue that allowing anybody to sit in the back of a truck-- moving or not – is negligent. We can avoid these injuries by simply prohibiting riding or playing in the bed of a pickup truck.

When someone is injured in a truck accident, legal issues and potential defenses are raised that cannot be sorted out in one article. It takes an experienced Phoenix personal injury lawyer to explain in the ramifications of injuries suffered to the person and family involved. The reality of who is likely to be found negligent in such a situation, or how the negligence would be divided, is a very fact-intensive question requiring a case-by-case review and skilled Scottsdale truck accident lawyer to explain.

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Posted In: Personal Injury , Automobile Accidents , Trucking Accidents , Children's Injuries , Law & Information

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Is there a formula for determining how much can be won from an insurance company after injury in an auto accident? Are you wondering if you can simply multiply the medical bills by two or three and then make the claim? Or is there some kind of a schedule for compensation after automobile accidents in Arizona personal injury cases? The answer is: No.

Therefore, though I am a certified specialist in Arizona wrongful death litigation, I question reports that provide a “compensation calculator.” While I cannot speak as to how every system works, I find it unreasonable to think that a formula exists for injury claim payments.

In workers’ compensation cases, payment schedules exist. But workers’ compensation in Arizona involves a different set of rules. According to Arizona personal injury law, the value of a claim is the fair and reasonable compensation owed to the person who was injured and is to be decided by a jury or settled based on what a jury would do.

Obviously, physical injury is a key component. Many crucial factors affect the value of an individual case for the matter to be determined by a compensation calculator. Much depends on the county where the accident occurred. It takes a skilled Phoenix personal injury lawyer to know a case’s value in a particular county. A Pima County jury may not award the same amount as a Maricopa County jury for a certain accident or injury.

When and where the accident happened, who was involved, what evidence exists and many other factors add up to the value of a case. Don’t leave your fate in the hands of a compensation calculator. Call Breyer Law Offices, P.C., today for a free evaluation of your case.

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Posted In: Personal Injury , Wrongful Death , Law & Information , Workers' Compensation

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How does one cope with severe emotional or psychological trauma after an auto accident in Arizona? Can claims be made for a person who also suffers psychological harm following serious bodily injury?

These claims are frequently considered unimportant. Even lawyers are quick to discount the impact that mental distress has on the lives of injury victims. This is not a case of whiplash in Phoenix or the barely hurt driver who reports depression as a result of inactivity. However, experienced personal injury lawyers in Arizona should not discount the emotional trauma of the incidents.

They should not overlook the importance to a jury that while physical injuries are clearly a priority after auto accidents in Arizona, traumatic injuries leave invisible scars, according to an article published by Mark D. Rusch, associate professor and rehabilitation psychologist at the Medical College of Wisconsin. Before criticizing, consider Rusch’s discussion of the emotional effects that nearly always follow physical injuries.

It takes a skilled advocate to prove an injury that is not easily displayed like a broken bone. There’s no X-ray for emotional trauma. So claimants who have suffered physical harm must ask important questions and make sure they have the right lawyer. Get the answers you need from an Arizona personal injury lawyer to help you obtain fair compensation for emotional losses, too.

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Posted In: Personal Injury , Automobile Accidents

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After suffering a traumatic brain injury (TBI), victims face serious barriers. Few people truly understand the ramifications of head trauma. In the media, those who suffer brain injuries either die or become disabled and no longer speak or live like they did before the injury.

In reality, those who suffer traumatic brain injuries, according to the National Institute of Neurological Disorders and Stroke website, often regain some semblance of a regular life. Victims of head injuries often need surgeries for hematomas (ruptured blood vessels) or brain contusions (bruised brain tissue). The disabilities that result from TBI depend on the location in the brain of the injury, age of the victim, and other factors.

After suffering a severe traumatic brain injury, most do not call a personal injury lawyer. But like any other accidental injury, a determination must be made. Particularly when a person gets back to a degree of normalcy but cannot work, it’s necessary to establish cause. But victims may not be equipped to decide whether or not a skilled Phoenix accident lawyer can win damages or provide better care than is possible otherwise.

This is why we feel strongly about contacting experienced Arizona personal injury lawyers. Unless the family of the injured person is there to help, or a medical provider, neighbor, or friend recommends a lawyer, the chance to receive better care and live a better life after the traumatic brain injury is lost.

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Posted In: Personal Injury , Brain Injury

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Why do so many people need Arizona construction accident attorneys? According to a government report, construction is one of the most dangerous jobs in the country: construction-related accidents killed 1,239 people in 2006.

Consider the ramifications of serious injury or wrongful death at a construction site. In most cases, the family is grieving because of what may have been a preventable accident.
Beyond the severe emotional trauma to children, spouses and parents, consider the wages lost and all the people who rely upon the hard work they perform. Consider loss of a house, inability to pay bills, changing schools, and maybe even moving to a completely different area after an unnecessary death.

Moreover, too many people who suffer tragedies at a construction site do not even realize they’re entitled to bring a personal injury claim. This is one reason families of those seriously injured or killed, should consult with a top construction accident injury lawyer in Arizona to understand their rights.

Not every serious injury or death demands a lawsuit or an insurance claim. But families should be informed. This is the first vital step to making the best decision for your family.

While we can't speak for all experienced personal injury lawyers, we understand the importance of providing information. We have an open door policy for families touched by construction accidents. We provide families and workers with information at no charge. We help you decide whether to hire a lawyer and what kind, and what type of claim to pursue.

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Posted In: Personal Injury , Construction Accidents , Work Related Injury

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Many personal injury cases in Arizona occur when a driver speeds and causes an accident.

According to a recent report of a fatal truck accident in Mesa, Arizona, a driver traveling a high rate of speed was thrown so far he was not found for hours.

Nobody deserves to die because of excessive speed. However, there is a lesson in this and in many Arizona traffic accidents. Too many personal injury claims are filed due to a victim’s inability to work, pay bills, or go on with life. We’re amazed to see victims vilified for pursing fair compensation for injuries received in an accident. Too frequently, selfish people travel too fast; worried only about their next stop and not their safety or the safety of other drivers they share the road with.

Perhaps we should not be lecturing others. Perhaps the job of an Arizona injury attorney is only to help clients make insurance claims to receive money. Perhaps “pain and suffering” is just the punch line to a joke to some. If Arizona drivers would simply be more careful, far less suffering and far fewer lawsuits would arise.

We would be very happy to see the day where accidents and serious injuries no longer exist or require a skilled Arizona truck accident lawyer. We would be very happy to see far fewer families devastated because of unnecessary speeding by negligent drivers. Please, next time remember this terrible tragedy and slow down.

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Posted In: Personal Injury , Wrongful Death , Automobile Accidents , Trucking Accidents

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We are not discount personal injury lawyers. We do not discount our fee in almost any case at the outset of the claim. For somebody who is looking for a discount lawyer, we encourage them to look around because it will not be hard to find one. However, people should understand why we refuse to discount our fee. We believe we provide the best possible service we can to our clients. We truly believe there is a "BREYER LAW DIFFERENCE" that we provide to our clients. With Mark Breyer as one of only about 200 lawyers in the entire State of Arizona (there are about 20,000 total) who has been certified by the State Bar of Arizona as a certified specialist in injury and wrongful death, we believe we have the reputation and accolades to back it up. The reality is that not all lawyers are the same. This is in no way an attack upon lawyers who choose to offer discounts, nor an attack on the people who chose to hire them. However, understand that this is not like buying a bar of soap. Everything is not equal. The settlements obtained are not equal. The jury verdicts obtained are not equal. If you are offered "discount heart surgery" or "greatly reduced brain surgery, 25 percent discount" would you go there? Of course not. You would question the doctor whose skills were such that they had to reduce their fee.

For anybody who would like to hire the Breyer Law Offices but they are concerned about the fee, which is the standard 33 percent fee that is charged by almost every lawyer, not a discount one – please feel free to give us a call. We believe that the difference between our firm and many others will become readily apparent. We believe that based upon our years of experience and the fact that, year after year, one of our biggest sources of new cases are current and former clients who repeatedly give out our name.

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Posted In: Personal Injury

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One of the biggest misunderstandings of the law exists when it comes to people being hurt on somebody else's property. Very often, people suffer serious injuries when they are out shopping because there is water on the ground, or the ground has gotten wet and slippery and nobody sees that it is slippery and they fall and get seriously hurt. Most people would agree that a slippery floor that is not marked in any way is an unreasonably dangerous condition. However, being injured due to an unreasonable dangerous condition on a store owner's property does not mean that store is at fault. Arizona premises liability law requires that the person who was hurt be able to prove that the store "knew or should have known" of the unreasonably dangerous condition. If another customer spilled a bottle of water and ten seconds later somebody steps in that water, slips and falls, the store is almost never going to be found responsible. It is unlikely it's going to be determined that that store knew or should have known that their floor was wet and reasonably could have prevented the fall if there was only a ten second delay. Therefore, finding the best possible Arizona slip trip and fall lawyer can be vital for someone who's been seriously injured. It is about getting a lawyer who understands all of the steps that must be taken to document the claim and see whether or not it can be proven that either an employee of the defendant created the condition or that the defendant knew or should have known that this dangerous condition existed. Video surveillance, sweep logs, interviewing of witnesses, and other methods can be used to help prove if the store or property owner was at fault.

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Posted In: Slip And Falls

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