Arizona Accident Lawyer Blog

As experienced automobile accident attorneys in Arizona, many times we see that negotiations with an unrepresented party start out with an insurance adjuster as very friendly and, later, it becomes clear that the negotiations are going nowhere. When it is time for the insurance company to actually pay out a fair settlement, the insurance company begins to deny fair compensation to those who have been injured in an automobile accident in Arizona.

Many times to avoid payment, the insurance company will require the injured individual to see their own doctor. The insurance company calls these examinations "independent medical examinations." In truth, these examinations arranged by the insurance company are with doctors that they hire over and over again. Recently in a New York Times article, it was reported what all skilled injury attorneys in Tucson and Phoenix already know – these independent medical examinations are nothing more than a sham. While there should be a quest for the insurance company to find the truth about the injuries, they turn out many times to be an examination where the doctor is paid to say things that will lead to the denial of compensation for the injured individual. Many injured people think that they have to go to these examinations when a lawsuit has not been filed. This is not necessarily the case and an injured party should have an experienced attorney on their side.

This does not mean that every doctor who performs such an examination is a doctor who lies. It also does not mean that every doctor cannot be trusted. What it does mean is that injured victims need to understand that when they go to a doctor arranged by the insurance company, it is definitely time to consult an attorney prior to the examination. Also, these injured individuals should understand the process of the "independent medical examination." As an attorney who represents only plaintiffs, we call these examinations, "Defendant Medical Examinations." In fact, many times the insurance company is requiring a visit to their doctor before there has even been a lawsuit filed, something that is often not even required under Arizona injury law.

Remember when you are a victim being sent to a doctor by the insurance company, you must realize that this doctor is not usually an independent doctor. This doctor is hired by the insurance company and knows exactly what the insurance company wants to hear. So whether it is related to a car accident, work related injury, motorcycle accident, or trucking accident, or any other accident, speak to an attorney about whether or not you truly need to have the insurance company's doctor examine you for your case.

Arizona residents often ask why they need to retain an experienced wrongful death attorney in Phoenix when their loved one was killed by the negligence of another individual and there appears to be no liability issues. In other words, if it is clear that someone else caused the accident that killed their loved one, but why would a lawyer be needed? What can a lawyer do if the other side already admits they caused the accident and owe some money? What can the top Arizona injury lawyers do if the insurance company is already saying they will be fair when it comes time to settle? Many people believe that since the wrongdoer – the person who caused the crash - accepted liability, there will be no need to go to trial, and therefore no reason to hire the best accident lawyer in Phoenix they can find.

Many times even if an insurance company accepts liability, the insurance company will not offer a fair settlement. In order to get the best settlement possible in a wrongful death claim, it usually requires an experienced attorney. Many people may think that by settling without getting an attorney, they can avoid going to trial. However, we suggest you give this more careful thought and analysis.

If an unrepresented person is negotiating their own claim, the insurance company is not likely to offer a fair settlement because they are more likely to think the unrepresented person is not willing to go to trial. With an experienced Arizona wrongful death accident lawyer negotiating on your behalf, it is more likely that the insurance company takes your claim seriously and knows that the attorney is willing to fight until the end for justice. This is especially true with hiring trial lawyers who have a reputation for taking cases to jury trials.

Of course, it is possible that an insurance company will try to negotiate out of a sense of fairness, but remember the insurance company and insurance adjuster has a job to do. That job is not to offer the most money possible to the injury victim or their family. It is the job of the insurance company to offer as little money as possible to increase their profits, in many cases. The threat of trial and losing to a skilled personal injury attorney in Phoenix often is the incentive necessary that results in the insurance company extending a fair settlement offer.

Continue reading " Arizona Wrongful Death Claims Require Attorney to Obtain Best Settlement " »

As Arizona car accident attorneys, we know that many times where an innocent person will be injured in an automobile accident and then lose their job as a result of the injuries they suffered in the car crash. It seems that sometimes if a person spends time in the hospital or cannot return to work soon after the collision, they will be fired. A story like this was recently reported when a Valley man lost his job because he was in the hospital after being involved in an automobile accident.

The fact is that Arizona is what we call a "right to work" state. What this means is that employment is "at will." We are not employment lawyers, instead we focus all out attention to helping people who have been injured in an accident. However, from all accounts, the reality is that this man – and others like him who lose their job because of a car accident in Arizona - will have no recourse against his employer. The one chance people have in this situation is to obtain the best possible settlement for his personal injury claim, which would include recovery of all of his lost wages as well as future, anticipated lost wages if we were not able to return to work.

As experienced personal injury lawyers helping people after car accidents in Arizona, we help many people like this particular gentleman by addressing every facet of his personal injury claim. Among other things, we would likely hire an expert witness to document the lost wages, decreased ability to work, and future lost wages. In addition, many times people cannot return to their occupation prior to the accident because of permanent injuries because of the auto accident. Many of our clients also require help finding doctors who will wait for payment because they no longer have an income or cannot work. Often our clients will face extreme financial difficulties because they are unable to return to work or they are fired because their employers know they have sustained serious injuries and they are considered a "liability" to return back to work. This is when it becomes most important to have an experienced legal team to make sure every angle of the injury claim is covered to ensure that someone who was badly hurt does not lose out on the opportunity to get reimbursed for lost time and money from work, medical bills, and all of the other ways that their lives can be affected by a serious injury.

Each case is different from the next, so it is important to speak to an experienced Arizona auto accident attorney regarding why you have lost your job after an automobile accident, what evidence can be put together to prove the wage loss case, and what wages, present and future, can be collected against the party that caused the accident and was negligent.

It is probably no surprise to anyone that dog bites are the most common type of animal attacks on people and kids. Studies have shown that children are the most likely to be bitten by a dog. Children tend to be the victim of dog bites and dog attacks more than any other individual. Many children have been mauled or seriously injured in Phoenix dog attacks even by their own family dog. When children are young, it is especially important that if you bring a dog into the family that you be very careful and do a lot of research about the breed of the dog you are bringing into the family home. According to the American Medical Association, dog bites are currently the second leading cause of children being injured. Many think playground activities are the only major source of injuries to children, but in reality dog bites which could have been easily prevented account for a large number of hospital visits for kids in Arizona every year. Nearly 2% of the population in the United States are bitten by a dog, according to reports.

Dog owners should never assume that their dog is incapable of biting another person. Many people make the mistake of unleashing their dog around other individuals. Dog owners should make sure that their dog is at all times on a leash. Many times, dog owners will take their dog to the park and take their dog off the leash. We have seen many people receive very serious and permanent injuries from dog bites when a dog attacked them in a park. It is required under Arizona law that dog owners keep their dogs on a leash. This is a good law, and it provides for the safety of others.

In Arizona, a person can file a lawsuit against a dog owner within one year and not have to prove that the dog who bit them had was dangerous prior to the bite. The only defense that a dog owner has to liability if the lawsuit is filed within one year is if the injured person provoked the dog. Otherwise, liability is considered on the part of the dog and the damages suffered by the person who was bit are the responsibility of the dog owner, usually paid for by insurance. In some states the injured person who was bitten by a dog still has to prove that the owner knew or should have know that the dog had a propensity to bite, but in Arizona, there is no such rule as long as the lawsuit is filed within one year of the day of the attack. We recommend all dog bite victims file suit within one year. You can still file suit within two years, but then the injured victim may have to prove that the owner of the dog knew or should have known that the dog had a propensity to bite someone. This can make the case much more difficult to prove, and make it much harder to receive the fair compensation and settlement from an insurance company after a Arizona dog bite claim.

As Phoenix slip and fall attorneys in Arizona, we get calls every day on the slip and fall law in Arizona. If you have been in a slip and fall accident in Arizona, you need to discuss your case with an experienced personal injury lawyer in Arizona. Every slip and fall case is different. The general law however is that you have to prove that:

1. The owner or possessor of the place you fell knew or should have known of an unreasonably dangerous condition
2. That dangerous condition caused you to fall
3. The fall caused your injury

If you have been injured because of someone else's fault, you should be entitled to receive compensation for your injuries. Let us show you an example of a slip and fall case. Let's assume you fall at someone else's house because you tripped over your own feet. The fact that you fell at someone else's house does not make you have a valid legal claim against the homeowner. You must prove that it was the homeowner's fault by meeting each of the elements, above.

Let's take another example. You are at a store and there is a wet floor that has just been mopped by an employee of the store. You slip and fall on the wet floor because there are no signs. You slip and fall and sustain a torn rotator cuff tear or suffer a broken leg. In this case, the store owner would likely be found to be at fault because the owner of the establishment or his/her employees should have made sure to have warning signs out where the wet floor was so that people were aware that it was slippery. By mopping the floor they created a dangerous condition that they knew or should have known was dangerous to patrons. Now, defendants in cases which allege grocery store slip and falls, convenience store slip and falls, gas station slip and falls, and other types of cases will still try to deny liability or blame the person that was hurt in most cases. This is one of the reasons very few people who are injured in a slip and fall received far settlements unless they have hired an experienced slip and fall lawyer.

We just want to take this opportunity to show our appreciation and support for the Yuma, Arizona police and their enforcement efforts to get people to use seat belts. It has been reported in an article that Yuma, Arizona is going to take extra efforts to increase the frequency with which people use their seat belts.

Why would a skilled personal injury lawyer in Arizona care if people use their seat belts? Perhaps this sounds like something that only a mother would take interest in. However, we have seen far too many life-changing injuries – and some people who have been killed, leaving children and spouses and parents behind – because of a failure to use a seat belt. Seat belts save lives. However, they do not save lives in every case. Unfortunately, there are times where a seat belt may be of little value. However, when you're dealing with a life and death situation, you must play the odds in your favor. Far too many people call us with horrendous injuries due to a car accident in Arizona that could have been avoided if they had simply put on their seat belt.

Seat belt use is not just the law, it will save lives. We have seen it time and time again. We have many clients who have been in Phoenix auto accidents and suffered serious injuries who are only alive because they had their seat belts on.

There are too many things that we do not control when it comes to injuries - people having to suffer, and wrongful death due to car crashes in Arizona. Wearing a seat belt is one of the things we can control. If a ticket from a police officer is enough to get people to use their seat belt, then we applaud that measure.

If you or anybody you know has any questions about what options exist to any personal injury case or seat belt issues in Arizona, whether it is related to an injury directly or whether it was related to a seat belt defense that is being made by somebody else, please feel free to give Breyer Law Offices P.C. a call at 480-753-4534. We are always happy to discuss the options that exist for anybody who needs a top Arizona personal injury attorney.

What can the best accident lawyer in Arizona do for somebody who gets fired after they have been seriously hurt? What is somebody supposed to do if they were hurt in an auto accident in Phoenix and because of their time in a hospital, they are not able to go to work and they later find out they are fired? What legal recourse exists that can force an employer to hire back somebody who was injured while they were not on the job?

As has been recently reported in a story, this unfortunately happened to one valley man. However, as a skilled personal injury lawyer in Phoenix who helps people throughout the state, I can assure you that this poor gentleman is not alone. In fact, after suffering his serious injury in a car accident that was not his fault, and almost losing his leg, this man found out that he would not be getting his job back. We see this happen all of the time. The reality is that Arizona is a "right to work" state and that employment is "at will".

Now, I am not an employment lawyer, and instead, we focus our entire attention on helping people in personal injury matters. As experienced personal injury lawyers in Arizona we cannot claim to have expertise in both our own area as well as employment law. However, as has been recently reported, the reality is that there is no recourse. Therefore, a good personal injury lawyer must do more than just try to get the best possible settlement for his client. That is not enough. Too many of our clients suffer life-changing situations and they need help. They need help finding doctors who will treat them in some cases. In other cases, they have doctors who will treat them but they are afraid they are going to lose their house.

Continue reading " Phoenix Car Accident Leaves Man without a Job " »

Arizona motorcycle injury lawyers seem to be a little bit “different” when touting their credentials, at times. It seems to me as an experienced Phoenix personal injury lawyer helping people after they have lost a family member or suffered severe bodily injury due to a motorcycle accident, automobile accident, bicycle accident or any other forms of personal injury, that most of our clients are trying to find the best possible lawyer that can help them with their case.

In this way, and I really don't mean this as a criticism but more of an observation, it is interesting to see how many lawyers that claim they are "motorcycle accident lawyers" in Phoenix, Arizona, and Tucson and all around the state, talk about the fact that they also ride motorcycles. Is that what is important? Is it really important to the person who has lost a loved one whether or not the lawyer is also a rider? To the person who will never be able to work again after being badly hurt while riding a motorcycle, is the most important factor to them whether or not the lawyer that will stand and fight for them to try to get them fair compensation is also someone who owns a Harley? In my experience, I do not believe so.

The reality is that after a serious motorcycle accident in Arizona, very few people turn to the neurosurgeon and ask them whether or not they ride a Harley. In fact, you want the best possible neurosurgeon you can get, as you would want the best possible personal injury trial lawyer in Arizona that you can find.

And it is dangerous to just find someone who likes to ride. Now, I do not ride. The reality is going on a Moped is pretty much my top speed. Having said that, I take great pride in my ability to help people after they've been seriously injured. I have a great deal of confidence in who I am as a lawyer and my ability to help people that have been involved in Phoenix motorcycle accidents. And in this way, I know the law. Now, just because somebody loves to ride doesn't mean they're not a great lawyer. I have no doubt that many accident lawyers also ride. But why that is something they like to advertise, is a little bit surprising to me.

The reality is that motorcycle accident cases can be extremely complicated. Motorcycles do not handle like other cars. Motorcyclists have to deal with a far more prejudiced and biased jury panel than do other people injured in car crashes. Motorcycle accidents create bigger challenges legally and factually even when the motorcycle rider has done nothing wrong. That is straight and honest talk that should actually be shared to people who have been seriously injured in a motorcycle accident in Tucson or anywhere else in Arizona. This is the type of information motorcyclists ought to be told at the outset of every case.

Also, roads that are not dangerous to cars are sometimes extremely dangerous to motorcycles as has been recently reported in an article. On Highway 83 in southern Arizona, we learned from a recent Tucson, Arizona report that there have been 40 crashes in a three-year period. Seventeen life-threatening injuries and four deaths have occurred to motorcyclists during this period of time on this one stretch of road. This means that a lawyer needs to find the best possible experts as quickly as possible to look at probable issues of that roadway.

Continue reading " Tucson Motorcycle Accidents on Highway 83 " »

Accident and injury victims sue drunk drivers all of the time for fatal auto accidents in Arizona or serious harm caused by the incident. That is because people who drink and drive and cause injuries to others should be sued. When possible, they should not only have to worry about jail time, they should have to answer with their pocketbook. More needs to be done to prevent drunk drivers from causing injuries. If injury lawsuits and experienced personal injury lawyers in Arizona can deter people from getting behind the wheel while intoxicated and selfishly causing death and serious bodily harm to other innocent people, then that is what must be done.

Sometimes people only care about their money. Sometimes, they don't care if they have to spend a few months in jail. However, if they thought that they could lose their house, their car, their savings, or anything else of valuable worth because of the harm they caused to somebody else, maybe they would actually take a cab, get a ride, or care a little bit more before they got behind the wheel of a car.

Having said that, as personal injury lawyers who help people who have been injured in drunk driving accidents in Arizona, we are troubled by the recent decision of the Arizona Court of Appeals, stated in a report, that grants immunity to the State of Arizona for its own negligence if a drunk driver is injured.

Now, understand that drunk drivers do not get the benefit of the doubt here. We do not believe drunk drivers should get off the hook for the injuries they suffer, nor do we believe drunk drivers should be compensated in every case that they are hurt. However, fair is fair. Either all drunk drivers who are hurt have no right to bring a claim (probably something that would be unconstitutional in Arizona), or everybody is on the hook for the injury they caused to everybody else, even if a drunk driver is the one who ends up getting hurt.

Continue reading " Arizona Drunk Driving Accident Immunity for the State " »

Sometimes an injury is suffered and the person who gets hurt does not know who is at fault. On the other hand, a less common situation occurs when a person has clearly been injured by someone else’s negligence and may have the right to bring a personal injury claim; however, there were two different incidents that caused, or may have caused, the injury.

Experienced Phoenix trial lawyers are all too often required to help the families after a child has been seriously hurt in an auto accident. Usually, this involves just one driver who caused the accident. However, a recent report showed a child who was hit by two different cars, one right after the other in an example of how serious children's injuries in Arizona can be. Fortunately for everybody involved, it appears that this particular child is going to be okay. That is the best possible news.

Handling serious personal injury cases for children is about the most difficult thing a lawyer can do. The difficulty does not only relate to the complicated legalities, such as trying to predict future medical care for a young child, the cost the family will need to pay for future medical care that is unknown at the child’s young age. Concerns also include future money or loss of abilities to do certain jobs before the child is even out of school, and other complicating legal factors.

By far, the hardest part for all skilled Arizona auto accident lawyers in helping children with personal injuries is understanding the severity of what that child has gone through. A good lawyer must be active in answering the family's questions, be there for the child, and do everything possible to make sure justice is done legally for the child’s well-being. Unfortunately, there are limits to what a lawyer can do. Lawyers that claim they can do more than help through the means of the law are usually being somewhat misleading in terms of what they are saying.

Lawyers can help out in many ways. They can make sure that somebody is brought in to help with the school issues that arise when a child has been severely hurt. A lawyer can be there to help a family with the financial issues of medical bills that may be arising after a child has been seriously injured. A top Arizona personal injury lawyer can do more than just help with personal injury law.

But what would happen in those situations? An example is from the article where two different cars may have both been partially at fault for causing the child’s injury in Phoenix. It is the responsibility – called the burden of proof – for the plaintiff to show which at-fault party caused which percentage of the injuries. When two different cars strike somebody one right after the other, trying to divide the injuries between the two defendants may be impossible.

Continue reading " Phoenix Child Hit by Two Different Cars in Accident " »

Negotiating with an insurance company after suffering an injury can be very difficult. Many people try to do this on their own. There are times where no lawyer is needed. In fact, there are many times when someone may suffer an injury and they may not even have a claim under the law. However, far too often as skilled Arizona personal injury lawyers, we see people who simply do not understand the process, and therefore get themselves in trouble.

Most people believe that since they are honest, they can expect the adversary to be honest as well. In other words, if someone has been seriously injured in an automobile accident in Phoenix, Arizona, they believe that as long as they tell the truth, they will receive a fair amount of compensation for medical bills, money lost from work, "pain and suffering," and other things that they incurred due to somebody else's negligence.

Very often these negotiations with insurance companies go nowhere. All too often, negotiations with insurance companies start out friendly, until it becomes time for the insurance company to actually pay a fair amount and then they send people to what they term an Independent Medical Examination. Going to an Independent Medical Examination without understanding the process can be extremely dangerous. As the New York Times reported in a story, far too often these examinations are nothing more than a sham. They are an attempt by the insurance company not to find out the truth, but to find a doctor who they can pay to say things that will deny compensation for somebody who has been seriously injured as a result of somebody's negligence. Trying to negotiate with an insurance company without Arizona’s top personal injury attorneys by your side can be very risky, particularly when the harm from your accident is severe.

This does not mean that every doctor that performs Independent Medical Examinations in Tucson is a liar. However, this does not mean that every insurance company doctor in Phoenix cannot be trusted. But people must understand the process and recognize insurance company secrets in Arizona.

When you as a victim are being sent by an insurance company to a doctor, do not expect that the doctor is necessarily going to be honest with the insurance company. If the insurance company wanted honesty, they would probably just turn to the actual treating doctor who knew the case the best. Instead, they often hire people repeatedly because those doctors will say exactly what the insurance companies want to hear – that they do not have to pay any more money to somebody who has been seriously injured in a car accident, work related injury, or bike accident in Arizona.

Continue reading " Arizona Insurance Company Independent Medical Examinations " »

Every year the most skilled personal injury lawyers in Phoenix find themselves helping runners who are hit by cars. All too often, the runners were not at fault. Instead, they were out for their run and doing everything that they were supposed to do - they were following the law. However, runners and other pedestrians following the law is not enough – drivers must follow the law as well if accidents are to be prevented.

As we know all too well from helping those who have been seriously injured, a negligent driver can be completely at fault for injuries inflicted in a pedestrian accident in Arizona or auto accident in Phoenix. For the person who is out running or walking and trying to stake that or prepare for races – or whatever their goal may be – the injuries they suffer are no less painful or debilitating. For families suffering the loss of a loved one due to the negligence of a driver, nothing brings their family member back simply because the runner was not at fault.

Therefore, we take this opportunity as experienced personal injury lawyers in Arizona who help pedestrians and runners throughout Arizona, to remind everybody to follow some key safety tips that we have found in an authoritative account.

Some of these safety tips to avoid being seriously injured by a motor vehicle while running include:

1. Wear reflective clothing at dawn, dusk, or nighttime and bright, visible clothing at all other times (this is something that we see even the most responsible runners forget to do sometimes). Although the likelihood of being injured from a percentage basis may not be high on any individual run, for those that run day after day and year after year in the dark, the likelihood of becoming a victim of a serious incident while running without wearing this type of clothing is much greater.

Continue reading " Arizona Pedestrian and Runner Accidents: Safety Tips to Prevent Injury " »

People often ask us why they need to hire a top personal injury lawyer in Phoenix, Tucson, or anywhere in the state of Arizona. The thought process of most people seems to be that since they will not need to go to trial and they just want to settle, there is no advantage to hiring a lawyer.

However, if you follow the logical sequence of events, it becomes clear that a fair settlement from an insurance company in a serious injury claim will often require the best Arizona lawyer one can find. According to the department of justice report of the United States, 90% of all trials in personal injury cases are to a jury, not a judge. Thus, the likelihood of being able to rely on a fair minded judge at trial is slim. In fact, either party in Arizona can request a jury trial and that request, if timely, must be granted according to the Arizona Rules of Civil Procedure.

Thus, the fact that almost all personal injury victims would need to be able to present their case properly to a jury virtually eliminates the likelihood of a “fair trial” to someone who is not represented. There are rare exceptions, but for the most part, finding a skilled Phoenix personal injury lawyer for legal representation to go to trial is a must.

Now, for those of you who think that settling is the way to avoid the issue of trials, ask yourself how that will be accomplished. If the insurance company or corporate defendant that is negotiating with you knows that you have not retained a lawyer they respect, why would they offer a fair amount in settlement?

Continue reading " Personal Injury Legal Representation Advised by Government Report " »

Arizona’s best attorneys fight for their personal injury clients from the very start of the case. However, the fight does not end when the jury comes back. What most people do not realize is that a jury verdict – a win for someone who is hurt – does not guarantee that the injured person will receive that compensation. In other words, a large percentage of people win their trial only to have a judge CHANGE the jury’s verdict.

According to a comprehensive study's report by the department of justice that covered the entire US, a full 16% of jury verdicts in personal injury cases are changed or altered in some way. Try to think about that for a second.

Your life has been changed because of another person's negligence. Multiple surgeries, you cannot go to work because you have been hurt so badly, maybe you are one of the unlucky people who will never regain the life they lived before someone's neglect sent you to the hospital.

You hire the top lawyer in Arizona personal injury you can find, you go through all of the steps of the process, and you finally have your day in court. A jury comes back and finds that you should be fully and fairly compensated, and the verdict is in your favor. Can you imagine a judge overruling the jury verdict? Well, almost 1 in every 5 trials is followed by a judge overruling the jury’s decision. According to the study, 16% of all verdicts are changed by the judge on the case after the fact, and that same study says the most common change is a reduction of the amount the plaintiff would receive.

This is why hiring a skilled lawyer in any serious injury or wrongful death in Arizona is so important. It is not just about being a good “speaker.” You need quality legal representation from an attorney who has full knowledge of the laws that will reduce the chances of a judge finding a way to limit the amount of recovery paid to someone who has had a jury rule in their favor.

Continue reading " Judges Overruling the Jury Verdict in Personal Injury Litigation " »

Arizona auto accident lawyers seem to be everywhere sometimes, and that is not a good thing. For someone who has lost a loved one in a car accident and needs a lawyer, or for someone who has suffered a severe or life-altering injury, how can you choose between all of the lawyers trying to gain your attention? Also, why is it that there are so many lawyers trying to get your attention about car accidents?

It turns out, the US Department of Justice did a comprehensive study which shows in a report that over half of all personal injury trials are related to car accidents. This, at least, somewhat explains why so many lawyers are claiming to be experienced personal injury trial attorneys. However, these are sometimes nothing more than marketing messages. Any lawyer in Arizona can claim they help car crash victims, or can claim they will achieve a “good settlement” for someone in need. Anyone can say it, but how can you tell who to trust?

First, no matter what I tell you or anyone else says, nothing should replace your gut instinct. When I have spoken to people about bad experiences they have had with other lawyers, they almost always tell me that their “gut” told them not to use that lawyer. It is not just about finding a qualified lawyer, but finding the right lawyer for you and your case.

Second, make sure your lawyer has expertise in personal injury cases. For people that turn to our firm who have suffered life-altering affects of a car accident in Arizona, they know they can count on more than our word. They can look to the fact that we have probably tried more personal injury cases for plaintiffs than almost any lawyer in Arizona in the last 10 years.

Continue reading " Auto Accidents Cover Over Half of Personal Injury Trials in U.S. " »

The best and most experienced personal injury lawyers in Phoenix know something that most people need to know. The top Arizona lawyers and trial lawyers know the truth of what is happening in our legal system. Unfortunately, most people do not recognize how unfair juries can be to people who have suffered serious injuries.

$24,300 as compensation for the death of a loved one? $24,300 as compensation for a permanent brain injury in Arizona? $24,300 for an injury that causes amputation or other terrible and permanent injuries caused by the neglect of someone else? Sound ridiculous, unfair, and unsupported? You are right.

What does that $24,300 represent? According to the most recent report of jury verdict in the United States, that is the median final award in personal injury cases. That means the middle of the road is an incredibly low and unfair number. While all cases cannot be judged on that one fact, the reality is that a jury that is not well educated on the horrendous affects an injury can have on an innocent victim’s life, is not likely to be fair in their verdict. There are too many hurdles, legal and factual, to clear. It takes skilled Phoenix personal injury lawyers who have won cases before juries to at least increase the chances of achieving a good result for someone who deserves fair compensation for a slip and fall accident, work related accident, or construction accident in Arizona.

Continue reading " United States Jury Verdicts for Personal Injury Cases " »

Punitive damages in Arizona are rare. In fact, Arizona trial lawyers fighting for punitive damages always have an uphill climb. Across the United States, the primary study said in a report that only 5% of all trials included punitive damages awards. So, for someone who has suffered serious injuries as the result of a defendant that should be liable for punitive damages in an Arizona courtroom, what should they do? Where do they turn?

For individuals wanting to pursue punitive damages, they must be aware that it will almost always take an experienced Arizona personal injury lawyer to help them pursue the claim. Why? Because Arizona law allows for punitive damages in only rare cases.

Sometimes, people call our firm seeking punitive damages after an auto accident in Arizona. Well, some lawyers may tell them that a regular car accident with serious personal injuries is a punitive damages case. However, in most cases, the best injury lawyers know that is not the case. It takes intentional conduct or, at a minimum, deliberate indifference on the part of a defendant to allow for punitive damages. In other words, as the Arizona Supreme Court has stated, punitive damages are appropriate when the defendant’s conduct has been guided by an “evil hand and evil mind.”

Now, understand that just placing profits before people can be the type of deliberate indifference that meets this test. Knowingly taking actions likely to cause serious injury or death to others can often raise a case to one where punitive damages are appropriate. Drunk driving accidents in Arizona often include claims of punitive damages. But simply alleging punitive damages is not enough, the plaintiff in Arizona must prove that punitive damages are appropriate, something that is hard to do and requires more than just a preponderance of the evidence.

Continue reading " Arizona Punitive Damages in Auto Accidents and other Personal Injury Cases " »

As skilled personal injury attorneys in Arizona, we know that the press does not provide an accurate description of the value of personal injury claims. This is not just opinion from a trial lawyer helping personal injury victims; in fact, it is backed up by government studies on the subject.

According to an account on a recent department of justice study, over 60% of all jury verdicts result in awards to plaintiffs of $50,000 or less. Thus, in spite of all of the claims of runaway juries and people hitting the “legal lottery” that we hear about, the truth is that juries apparently are very conservative in the verdicts they render.

This study relates to personal injury cases as a whole, rather than mentioning a specific plaintiff’s case. People who believe that juries will always understand the affect an injury has on the life of a plaintiff, and fail to recognize the importance of a lawyer who will take all necessary steps to increase the chances of justice, do so at their own peril. Not every case involving someone who has been hurt must be handled by a lawyer, but almost every serious injury victim would be well served to speak with a lawyer that can explain the likelihood of prevailing before a jury or the chances of getting a fair settlement. The common belief that juries are just giving away money to people who are not hurt is refuted by the experience of almost all top personal injury lawyers in Phoenix, and is now proven false by a nationwide study of jury verdicts.

If you or anyone you know is in need of a personal injury lawyer or just needs questions answered, take the time to call an experienced Arizona personal injury lawyer at Breyer Law Offices, P.C. who can provide the information needed to make the important decision on whether to hire a lawyer, and whom to hire.