Arizona Accident Lawyer Blog

The right to punitive damages is among the most misunderstood concepts in Arizona law. As Arizona personal injury lawyers, we want to illuminate the confusion between compensatory and punitive damages.

Compensatory damages simply allow reimbursement for a loss. The purpose of compensatory, or general, damages is to make the injury victim whole. What is often called pain and suffering-- or the loss of enjoyment of life-- is a part of compensatory damages.

When we represent those injured in car accidents in Arizona, one big priority is full repayment of the medical expenses incurred. Claimants who lose time from work due to injury in an auto accident in Phoenix need to recover lost wages-- including overtime pay-- to survive even if they’ve been partially reimbursed by Phoenix workers' compensation claims. Even when hundreds of thousands of dollars in wages are lost because the victim will never work again, these aspects are all covered by compensatory damages.

Continue reading " Compensatory Damages vs. Punitive Damages: An Introduction " »

In personal injury cases, Arizona’s Rules of Civil Procedure allow for an independent medical examination (or “IME” ). In spite of the letter of the law, no such thing as an independent medical examination exists. Experienced Arizona personal injury lawyers and insurance defense lawyers both know better. Unfortunately, victims of serious injury must endure these medical examinations because insurance companies are too often deceived by the term “independent.”

After a serious personal injury auto accident, the injured party is going to seek medical care. When an insurance company is asked to pay an Arizona resident’s claim, it’s their right to get an IME. Insurance companies defending personal injury cases deserve the right to a medical opinion beyond that of the plaintiff’s doctor.

By law, this exam is independent, so long as it’s not conducted by the claimant’s physician. But doctors who perform these exams have a vested interest: they’re paid by the insurance company. Some make six figures every single year performing these examinations. If these doctors confirm the injury’s cause to be negligence, will insurance companies continue to pay them so handsomely?

Continue reading " The Myth of Arizona Independent Medical Examinations " »

Often as car accident attorneys in Arizona, our clients are criticized unjustly for seeking payment for medical bills and lost wages from a reckless person and their insurance company to compensate for an accident that insurance should cover. We recognize that the public’s perception can sometimes lack awareness of abusive insurance companies that refuse to pay a valid claim.

According to a report, a serious accident tragically killed a man in a dune buggy when he was struck by a truck. The collision occurred near 67th Avenue in Union Hills. Reports indicate that the dune buggy was street legal. What is also distressing is that user comments following the article pass judgment towards the innocent victim for the leisure vehicle he chose. This is an important opportunity to educate about Arizona injury cases.

Street legal is an important term here. None of the driver’s actions were clearly irresponsible. His vehicle was allowed on the street. The negligence of another driver killed this man. Yet blame was cast on the driver because he chose a vehicle others wouldn’t choose themselves. This is warped logic and is unfair.

Continue reading " Phoenix Dune Buggy Versus Truck Accident Kills Man " »

After a car accident, many Arizona residents naturally seek counsel for their injury case. Unfortunately, after a serious personal injury for wrongful death, the reality is that not every serious injury case requires a lawyer.

Why is that? The law allows many claims to be brought that may not be in the best interest of the bereaved in which a claim is not always appropriate. We disagree with those that suggest that victims should not have the right to seek compensation after an accident and we realize that making the best decision for the family is paramount.

As Arizona wrongful death attorneys, we are proud of the fact that we have helped many people successfully navigate personal injury claims in Arizona. We are also proud that we have helped families avoid bringing unnecessary claims when the situation was not optimal.

We feel there is a lot of misinformation put forth by insurance companies in Arizona surrounding personal injury claims. In some cases, there is outright insurance bad faith in Arizona perpetuated when claimants are lead to believe lawyers are only after a settlement to collect their fee. In truth, the insurance industry’s own studies prove that victims with representation receive more compensation than those without.

We strongly believe that your questions should be answered, even if you’re not sure you have a case. If you have questions about an injury claim, speak with a knowledgeable Arizona personal injury lawyer. Give Breyer Law Offices, P.C. a call.

In a construction accident in Arizona, a photograph may be the difference between prevailing over a devastating injury and facing financial ruin.

Construction accident claims in Arizona aren’t simple. Many hurt in construction accidents seek reimbursement only from workers’ compensation. In plenty of cases, workers’ compensation in Arizona is the only possible recovery. However, workers hurt in construction trades are able and entitled to bring a claim against a third party who negligently caused the injury. Most Arizona construction workers don’t know they may have the right to bring this claim. Since they don’t know their rights, they fail to get photo evidence at the job site.

Construction sites change quickly and evidence can be destroyed or altered within moments. It’s vital to inform anybody who has suffered a jobsite injury that photographs of the site must be taken immediately.

Continue reading " Photos Crucial to Jobsite Accident Claims " »

According to an article, seven people were hospitalized after a three-car collision following the Super Bowl near Interstate 17 in Phoenix, Arizona.

The question of what to do when three different cars are involved in an accident is a common one. After automobile accidents in Phoenix, Arizona, we often have to explain the state’s comparative fault system to a person involved in an accident. For instance, what happens if more than one driver shared fault for the accident? Can someone recover damages if fault does not rest with a single person?

In Arizona, the answer is yes.

The comparative fault system in Arizona is relatively simple. Injury victims can pursue each defendant who shares blame. First, the jury must establish a fair amount of compensation for all of the damages suffered by the victim including lost wages, medical bills, pain, loss of enjoyment of life, etc. Then, the percentage of fault in the accident is divided.

Continue reading " Phoenix Three-Car Collision Injures Seven " »

The recent report of a terrible hit and run bicycle accident in Ottawa raises many concerns. First and foremost, our thoughts go to the health of the victims. As internationally known Ottawa plaintiff’s personal injury lawyer Brenda Hollingsworth mentioned in her recent blog, even Lance Armstrong chimed in with words of encouragement. As any top Ottawa personal injury lawyer would know, the people and families who suffered from the negligence of the hit-and-run van driver will likely need legal help in the near future.

With so many victims on such a high profile incident, getting just any lawyer will not be worthwhile. I strongly encourage people who are involved in hit-and-run accidents anywhere in the country to find the best bicycle accident injury lawyer they can find. Settling for a “friend of a friend” simply will not do.

In Ottawa, I expect the first calls from these families in need will go to Brenda Hollingsworth. Around Canada and the United States, families should take the time to speak with lawyers who understand the complexities of the legal situations facing the victims during such a difficult time.

According to a report, a Phoenix man was walking on Camelback Road when a car ran a red light, swerved onto the sidewalk and struck him. Police suspect that alcohol may have been a factor.

Drunk driving must be stopped in Arizona, and car accident lawyers can do their part. Though we cannot stop Arizona drunk driving car accidents overnight, we must try to decrease them.

If alcohol was involved in this incident, there must be criminal prosecution and, if possible, civil prosecution as well. While we do not know the details of this case, we do know that alcohol is repeatedly a factor in pedestrian accidents involving motor vehicles throughout Arizona. To that end, we must take every step necessary to help reduce the number of people harmed.

Continue reading " Pedestrian Hit by Alleged Drunk Driver in Arizona " »

A new development was reported following an Arizona bus crash that killed Chinese tourists near Hoover Dam. The bodies of the six travelers involved are being sent back to China. In the same report, legal concerns were raised for families of victims seeking justice since it has been reported that the National Transportation Safety Board will not be issuing its findings in the case until 2010.

For a U.S. citizen, even someone a little familiar with the personal injury system, this delay may not signal anything significant. But families in China know little of American personal injury laws and legal claims. Thus they don’t know what they’re entitled to after a tragedy that was apparently preventable. This delay could ultimately cause them to miss important deadlines and bar them from bringing legal claims.

Learn your rights. Not every accident merits a lawsuit. Sometimes no good case can be established where one appears guaranteed. However, when this type of tragedy strikes everyone should contact an experienced Arizona wrongful death lawyer. Other jurisdictions may be a factor, but if the incident occurs in Arizona this is the most likely place to file.

Continue reading " Hoover Dam Bus Accident Victims' Bodies Return Home " »

Too many Arizona construction workers suffer serious injuries without seeking aid from the best Arizona construction accident attorney because they don’t know their rights. All too often, those seriously hurt on the job look only to workers' compensation as the most direct remedy after on-the-job injuries.

However, workers' compensation does not pay full wages. Workers' compensation provides no money for the loss of enjoyment of life, pain, and other general damages available in a personal injury situation.

Though not every worksite injury merits a personal injury lawsuit, anyone impaired in an accident should take immediate steps to contact a lawyer who is aware of exceptions to the rule limiting compensation to workers' compensation claims only. And bringing a personal injury lawsuit against a negligent party does not prevent a workers' compensation claim-- many clients have utilized our expertise in construction accident law in Arizona to make sure they get compensation beyond workmen's comp payments.

For instance, on February 10, 2009 it was reported in an article that a 61 year old worker at a Tucson construction site was electrocuted while he was setting a pole near power lines. Whether this worker can bring a claim outside of workers' compensation is unknown, but we strongly encourage this worker and anyone else injured in Arizona construction accidents to seek out a Phoenix construction accident attorney to do a full analysis to indicate whether or not more money is available under the law to help them through such a terrible and tragic event.

This blog’s readers understand that Phoenix personal injury attorneys help protect people from exploitation. One shocking area of abuse: the government's own liability laws.

According to a news report, one local mother gave birth to a baby who may have brain damage following a six-car accident at 83rd Avenue and Thomas Road. Worse, the Chevy Malibu involved was driven by a City of Phoenix employee. Though we don't know the accident’s cause, this Phoenix car accident victim could lose all of her own and her child’s rights if she does not act immediately.

If witness reports are true, the municipal vehicle ran a red light. Even if the City of Phoenix admitted fault and that they caused serious harm, the city could escape liability. The law requires people to file a notice of claim within 180 days. The City of Phoenix frequently argues that the notice has unreasonable requirements. Governmental entities often contend that if the proper paperwork is not filed and served within 180 days, rights are lost.

It’s unconscionable that the law allows the government to avoid responsibility in such cases. Injured parties have greater concerns than hiring a personal injury lawyer, and should not be forced to hire one because the law requires excessive action.

If you or anybody you know has been involved in a serious injury car accident with any government employee in Arizona, contact a skilled Arizona auto accident lawyer immediately so your rights are protected and the responsible party cannot dodge a valid claim.

"A little bit of driver negligence has led to serious injuries."

This quote from Sergeant Tim Mason of the Arizona Department of Public Safety struck me. He was referring to a serious crash in the West Valley. Seven people were hospitalized and a section of Loop 303 was closed. One woman was seriously injured when her blue car was crushed between a truck and an SUV. She was airlifted to St. Joseph's Hospital. Sources say both the truck and SUV rolled through a stop sign without coming to a complete stop. As a result of this Phoenix auto accident, an innocent woman now faces an unimaginable change in her life.

Sergeant Mason’s quote resonates. We drive every day; automobiles are pivotal to transportation in America. Remembering the importance of safety is vital. Keep seat belts buckled. Come to a complete stop. Observe the speed limit. Consider the people in passing cars because they too can be devastated in one irresponsible moment.

Far too often experienced Arizona car accident lawyers see lives destroyed due to "a little bit of driver negligence." We see wrongful death cases in which families lose a loved one they depended on, someone to grow old with, because another motorist was briefly careless. Forget for a moment the possibility of lawsuits and personal injury claims and compensation. The guilty driver in such situations must live knowing they’ve caused extreme pain, ballooning medical bills, and the inability to work.

Arizona personal injury attorneys face more complicated matters than automobile accidents. Negligence takes many forms. Each of us must avoid reckless behavior that could injure others. Specifically, we must protect children from negligence.

Drowning, or near-drowning, in backyard pools occurs too often in Arizona. Not all such situations lead to criminal prosecution-- there isn’t always a culprit when something goes wrong. But sometimes a babysitter gets distracted. Sometimes a neighbor is not paying attention, a broken playpen goes unrepaired, or a gate’s latch fails. In other words, sometimes the maker of the gate or the babysitter negligently endangers the child.

And thus reports like the recent case of a 2 year old rescued from a neighbor’s swimming pool near 35th Avenue in Camelback spark sympathy and outrage in all of us.

Most importantly, early reports indicate the child will likely recover.

Continue reading " Camelback 2 Year Old Found In Swimming Pool " »

A National Transportation Safety Board report suggests the driver was at fault in a bus crash that claimed the lives of Chinese tourists near Hoover Dam. Initial briefings revealed that the driver was distracted by the door and the sun’s glare may have blinded him before losing control. Early investigations found no mechanical problems with the door or bus.

No lawsuit can alleviate the incredible grief these families are suffering. For tourists embarking on a once-in-a-lifetime trip to end up suffering such a terrible calamity is devastating.

However, while U.S. residents are familiar with the expertise an experienced Phoenix auto accident attorney can provide to help a family recover lost income, it’s unlikely that the families from China are aware of their options. This case will probably not warrant punitive damages – although serious investigation is required to rule out foul play – we strongly believe that some lawsuits greatly increase general public safety.

Continue reading " Chinese Tourists Killed, Injured in Hoover Dam Bus Crash " »

A disastrous head-on collision between a compact car and semi-trailer on State Route 74 was recently reported near Peoria, Arizona. The truck caught fire and the car’s driver was critically injured.

One common mistake after a serious trucking accident in Arizona is hesitating to retain a lawyer soon after sustaining the injury. Many make this mistake honestly: there are greater concerns after a severe injury than hiring an attorney or worrying about paperwork. Some believe there’s no hurry since they have two years to file a lawsuit in Arizona after most accidents.

But if the injured party delays, Federal regulations favor the trucking company. After six months, records may be destroyed. Many trucking companies send investigators or lawyers to the scene while police collect evidence, putting the plaintiff at a real disadvantage.

Continue reading " Peoria, AZ Truck Accident Causes Critical Injuries " »

Tremendous danger is presented when motorists negligently discard trash or loose debris on our freeways. Every year, debris in the roadway causes unnecessary deaths to motorcyclists in Arizona. This reckless act has again claimed an innocent life.

A passenger reportedly died after the motorcycle she was on struck a tarp on Interstate 10 in Chandler, Arizona. The tarp allegedly became entangled in the bike’s rear wheel, though initial reports do not explain where this tarp came from or how it ended up in the roadway.

To the family of the deceased, maybe that makes little difference. On the other hand, we have been retained many times as wrongful death Arizona lawyers to seek justice after such a tragedy.

Perhaps financial considerations seem trivial to those who have never been close to anyone who has lost their life in a motorcycle crash. However, loss of a family’s primary income holds serious consequences for those left behind. Survivors may face bankruptcy and/or need financial assistance.

Continue reading " Tarp in Roadway Kills Arizona Woman " »

Car accident lawyers in Arizona often assist families in the wake of terrible loss. But sometimes the loss is so great, even an experienced attorney is overwhelmed.

Tragedy struck a Las Vegas family on U.S. 93 near Wikieup, AZ. Two teens and a young boy were killed when their Ford Explorer collided with another vehicle, according to reports. Their SUV was driven by the mother of two of the victims.

As a Phoenix wrongful death lawyer, I cannot express how sad it is to see stories like this. Grieving families often ask how financial compensation can help after a tragedy so great. No amount of money can truly diminish this loss. Yet the loss would perhaps not have happened if not for the negligence of another. In fact, passengers are almost never to blame; fault nearly always rests with one (or more) of the drivers. We know money cannot lessen the pain of wrongful death. Still, survivors face expenses and an immeasurable void in their family forever.

Continue reading " Arizona Car Accident Tragically Kills Three Minors " »

How do you find a trustworthy, experienced lawyer? How does a car accident lawyer in Arizona in the phone book differ from the ones on TV? What about those who don’t advertise at all?

With so many personal injury lawyers in Arizona, it’s understandably difficult for victims of negligence to choose the right one. But it’s important to find a legal professional who is honest, straightforward, and will explain both the strengths and potential weaknesses in your case.

Lawyers must be licensed by the state bar to practice in Arizona. To help consumers choose, the State Bar of Arizona created a program to certify specialists in personal injury and wrongful death litigation -- a distinction for lawyers who have the experience and knowledge to meet a higher standard.

Continue reading " Arizona State Bar Certification Helps You Choose the Right Lawyer " »

Recently an Arizona man was sentenced to one year in prison for the September 2008 killing of a Yuma woman in a single-vehicle accident. Reports show the man was legally intoxicated at the scene. His license had been restricted for prior drunk driving arrests.

It is difficult to imagine the extent of tragedy drunk driving creates for innocent victims. Anything that helps prevent this kind of heartbreaking loss must be done. Arizona auto accident attorneys assist injury victims in navigating the legal system and pursuing compensation from the drunk driver. Prosecuting offenders is important, but it’s also essential that everything is done to gain the full compensation allowable for families who have suffered a loss or injury. This not only benefits family members of injured parties, but financial hardship discourages drunk drivers from committing future offenses.

The decision to bring a wrongful death claim is often difficult. Families must investigate legal remedies in order to make the choice that’s in their best interest. Our trial experience has made it clear that for some families, a lawsuit causes more grief than its outcome justifies. Even in that case, Arizona drunk driver accident victim attorneys can answer important questions to aid those who have lost a loved one in a car accident.

Continue reading " Yuma Wrongful Death of Woman: Drunk Driver Sentenced " »

Skilled personal injury attorneys in Arizona know that the media does not portray the importance of personal injury claims fairly. This is not just opinion; it is reinforced by government studies.

According to a study in recent Justice Department research, over 60% of all jury verdicts result in awards of $50,000 or less to plaintiffs. Thus, in spite of talk about runaway juries and hitting the “legal lottery,” the truth is that juries are apparently rather conservative in the verdicts they render.

This study relates to personal injury cases as a whole, not a specific plaintiff’s case. Those who believe that juries always understand the effect injury has on the life of a plaintiff fail to recognize the function of a lawyer. Attorneys increase the chances of justice, and do so at their own peril. Not every injury case demands a lawyer, but every serious injury victim should consult with a lawyer who can explain the likelihood of getting a fair settlement from a jury. The belief that juries just give away money is refuted by the experience of almost all top personal injury lawyers. And it has been proven false by a nationwide study of jury verdicts.

If you or anyone you know is in need of a personal injury lawyer or has important questions, take the time to call an experienced Phoenix personal injury lawyer at Breyer Law Offices, P.C. We’ll provide the information needed to make the important decision to hire a lawyer.

We usually imagine gunshot wounds or fights with dangerous assailants when we hear of officers killed in the line of duty. But often our police officers die at the hands of negligent drivers on our roads. According to one account, of 132 officers killed in our country in 2008, no less than 59 were killed in automobile accidents, motorcycle accidents, and train accidents combined. In Arizona four patrolmen tragically lost their lives in 2008.

No feeling equals the heartache and sadness of families who lose a police officer. And many police officers are the primary income to their families.

Too often, officers’ families believe they have no right to bring claims outside of workers’ compensation in Arizona. These families lose the opportunity to receive compensation for the children of fallen officers.

Continue reading " Negligent Drivers Kill Four Arizona Police Officers in 2008 " »

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 " »

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.

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.