Arizona Accident Lawyer Blog

As Glendale car accident attorneys, we understand that you’d like to know right away how much your personal injury claim is worth. However, there is no quick answer when it comes to determining the amount of a claim. Each case is so different that we really need to take the time to review, analyze, and investigate the car accident and your personal injury claim in order to come up with an accurate amount – and even then a jury or insurance company may not award that exact amount.

In Glendale and Maricopa County, car accident lawsuits conclude in one of two ways. They can be settled through negotiations with lawyers and the insurance company. By far, this is the most common ending to a personal injury case. However, if a case is unable to be settled out of court, then it will go to trial and be tried in front of a judge and jury. If the case is successful, then it is up to the jury to decide the amount of financial compensation that will be awarded.

So while so many victims of Glendale car accidents get caught up with how much their case might be worth, the real question they should be asking is how much is a jury likely to award? Even if a case doesn’t go in front of a jury, the opposing council will likely also have a good idea of what a jury would be willing to award in your case, which will help determine a fair settlement amount. According to Arizona law, victims of car accidents caused by negligent drivers that result in injuries are entitled to receive compensation for their injuries and for things like medical bills, pain and suffering, and lost wages.

As a result, trying to determine a case’s worth at a quick glance is really nearly impossible. There are too many factors that must be considered, examined, and analyzed. One of the major factors is the extent of the injury, or how badly you were injured. Under Arizona law, if you are severely injured, say for instance you suffer brain trauma, and can no longer work, then that’s going to greatly impact the amount you’ll be awarded. The more seriously you’re injured, the more care you need, and the more it negatively impacts your life, the more compensation you’ll be awarded.

Continue reading " Can You Tell Me How Much My Glendale Car Accident Case is Worth? " »

Severe injuries to a child. An allegation and evidence of a dangerous, defective product. How will this get resolved? Fortunately, through our jury system. I recently read about this tragic case where Trevor Dennis, a minor, suffered severe burns due to an alleged defective heater. The defendant, Coleman Company, has thus far refused to accept responsibility or settle the case. To some, this may sound like a story destined for injustice. However, perhaps those people do not realize the strength of our civil justice system: the jury. Nationally renowned law firm Bisnar Chase is handling the matter for the plaintiffs, so we know the plaintiffs are going to get a fair shot at justice. Without prejudging the case – it is the job of the jury to decide the facts of what happened and come to a final conclusion – I think it is fair to say that many defendants that have wrongfully denied justice have had to answer to the jury.

This, then, is not a final judgment of what occurred, but a great testament to the fact that everybody – from the young child to the international corporation – all can, for a day, sit on the same playing field, having to answer to the same jury. Justice can be delayed, but it should not be denied. We look forward to awaiting the outcome of the jury trial and hope that justice is done: whatever the jury deems that to be.

Source report:http://www.reuters.com/article/pressRelease/idUS152701+20-Mar-2008+BW20080320

Phoenix car accident lawyer Mark Breyer has received the honor of being rated "superb" by AVVO, the nation's top lawyer rating service. AVVO is an organization that rates attorneys throughout the United States. AVVO rates and recognizes attorneys in every area of practice. Lawyers are rated based on numerous meaningful criteria, including the lawyer's experience, client feedback, professional conduct, and industry recognition. The ratings are from a 1 to 10 and a very small percentage of lawyers receive a perfect 10 rating. Mark Breyer has been awarded a perfect "10" rating by AVVO.

Read more here about Phoenix Car Accident Lawyer rated superb - Phoenix Car Accident Lawyer.

You might have a feeling that a loved one is being abused, neglected, or exploited in a Mesa nursing home. Obviously, your “gut feeling” can’t ever be used as evidence at a trial. However, that gut feeling could lead you to conclude that something is wrong and allow you to take steps to not only protect your loved one but to consider a possible lawsuit that will protect others in that Mesa nursing home.

Here are some signs and symptoms to be aware of:

• Look for things like unexplained cuts, fractures, and bruises that happened while your loved one was staying at the facility. Another common sign to look for is bedsores. With proper care, these are oftentimes preventable. But in worst-case scenarios of abuse, they may cover an elderly person’s body. Also, if your loved one has joints that are frozen or are no longer moving, then that also might be a sign of lack of care or neglect at a Mesa nursing home facility. Other signs to look for include unexplained anal or vaginal bleeding and/or bloody underwear. These would indicate that there could be a case of sexual abuse or neglect happening.
• Also, there are cases of elder abuse involving the individual being denied a proper amount of food or water, so that they become malnourished or dehydrated. You may be able to recognize the signs and symptoms of this kind of abuse on or own, or it may take a doctor’s diagnosis.
• In addition, signs of poor personal hygiene or an elderly person not wanting to be cared for anymore might be signs of something more serious going on.
• Another red flag when it comes to elder abuse is if you are denied access to your loved one or you’re not allowed to visit with your loved one alone.

Continue reading " What are Some Common Physical Signs of Nursing Home Abuse & Neglect? " »

First, if you are injured in a car accident in Arizona with a negligent driver, wearing your seatbelt will help you to receive full compensation for your injuries. Think of it this way. If you’re not wearing a seatbelt, even if the negligent driver admits 100% that the accident was their fault and that they are responsible for your injuries, your compensation can be greatly reduced – or completely eliminated – if it’s proven that you were not wearing your seatbelt and that your injuries would be lessened or diminished if you had worn your seatbelt.

That means that even though the negligent driver admits that they were at fault, they or their insurance companies do not have to pay you for medical bills, lost wages, and other related expenses, simply because you weren’t wearing your seatbelt.

Continue reading " How Can Whether I Wear a Seatbelt or Not Impact My Personal Injury Case? " »

In our previous blog, we discussed a few examples of auto accident cases involving underinsured and/or uninsured motorists. Here’s another example. You’re injured in a car accident and the negligent driver has an insurance policy that pays you $100,000 and your medical bills are $80,000. That means they don’t have enough insurance to cover your entire claim. Your medical expenses alone have almost exhausted the at fault driver’s coverage. Again, in this case, you would file an underinsured motorist claim with your insurance company.

In the aforementioned situation, you can claim that the money that should have been otherwise paid out by the at-fault driver’s insurance company must be paid for by your own insurance company because you’ve exhausted their coverage. The amount will change on a case-by-case basis and depends on the policy that you have. But this kind of coverage can protect you and your family in the event that a negligent driver has insufficient insurance.

Continue reading " What's the Difference Between Uninsured Motorist Coverage and Underinsured Motorist Coverage? (Part Two) " »

Many people who find themselves injured in an auto accident caused by another driver’s negligence may be wondering how uninsured motorist coverage and underinsured motorist coverage differ from one another. Here’s an example. Say you’re seriously hurt in a car accident in Arizona that is caused by somebody else. It is that person’s responsibility to pay for your medical bills, lost wages, and pain and suffering. However, say the at-fault driver doesn’t have any car insurance. Are you out of luck then?

Not if you have uninsured motorist coverage in your car insurance policy. An uninsured motorist claim can be made when the negligent driver has absolutely no insurance. So your own insurance policy provides the coverage that the other person’s insurance policy should have.

Underinsured motorist coverage deals with a comparable situation, but it comes up more frequently when there are serious injuries involved. Here’s an example.

Let’s say you’re badly injured in a car accident and you require a vast amount of medical care. The medical costs get so high that the negligent driver’s insurance no longer covers the medical expenses, let alone any lost wages or pain and suffering incurred as a result of the accident. This is the type of situation where an underinsured motorist claim can be made. In these cases, you would turn to your own insurance company to access this coverage. Underinsured motorist coverage will pay for things like medical bills, lost wages, frustration, depression, and any other pain and suffering you’ve endured.

Continue reading " What's the Difference Between Uninsured Motorist Coverage and Underinsured Motorist Coverage? (Part One) " »

One of the primary advantages of hiring a Mesa personal injury attorney on a contingency basis is that the settlement amount is just as important to the lawyer as it is to the victim. That being said, contingency fees aren’t perfect. There are still lawyers out there who will settle a case for a low ball amount because they don’t want to take the case to court and risk losing.

However, if you hire a reputable personal injury attorney who has a good history, a solid track record of success, is willing to take the case to court if necessary, and fights hard for their clients, then a contingency fee is really quite beneficial to victims in personal injury cases. These kinds of fees ensure that the lawyer not only cares about getting the most out of a settlement to help their client, but that they are directly impacted by the settlement amount because that’s how they’re paid.

So the more money they are able to get for you, the more money they are paid at the end of a successful case. It’s really a win-win situation for both the client and the lawyer.

How Does an Attorney Get Paid From Contingency Fees?
If the personal injury attorney wins the case, then they get a percentage of the amount recovered. In most cases, the contingency fee is one-third or 33% of the total compensation awarded to the client. If the lawyer loses the case, though, then they are paid nothing.

Continue reading " What are the Advantages of Contingency Fees? " »

Putting a specific dollar value on the compensation to be awarded in a serious personal injury case is no easy task. Some lawyers try to suggest that there’s a simple formula to figure out how much a personal injury case is worth. Be wary of such people. The truth is that there is no simple formula. Even though we’ve heard people tell us that they’ve been told that a personal injury claim is worth three times the value of the medical bills, this simply isn’t the case.

There may have been a time, long ago, where simple personal injury cases could be valued based upon such a simplistic formula, but not anymore. Especially in those cases where someone has been seriously injured, just looking at the medical bills is not an accurate way to determine a case’s worth. For people living in constant pain and agony due to an accident caused by a negligent driver, three times the amount of their medical bills may not be a fair amount of compensation for their particular case. Instead, it takes an in-depth evaluation of the case as a whole to determine the amount of money that should be awarded for past losses, future expenses, and fully and fairly compensating the injury victim.

With that said, as personal injury attorneys here in Mesa, we must look beyond the idea of “fairness” when determining a case’s worth. A more pointed question that we often ask ourselves is what a jury in Maricopa County would award or has awarded to the injured party in a similar personal injury case. Many cases do settle because the insurance company or the defendant who was responsible for the accident and subsequent injuries is willing to pay fair compensation to the plaintiff. However, if the case goes to trial, what would a jury do? This is obviously not a question that your average person can answer. No. You need the expertise of an experienced personal injury trial attorney who has worked on similar cases and knows how to present your case in the best possible light in order to make sure that fair compensation is awarded.

Continue reading " Determining the Worth of a Personal Injury Case " »

The following blog will complete our three-part series discussing some key options for an injured auto accident victim who does not have health insurance but needs surgery to fully recover. First of all, the medical treatment that an attorney can help you receive is not free. These doctors are providing treatment for an injured victim with no health insurance. As a result, what is called a “lien” is typically put on the case. This simply means that the hospital, doctor, and any other specialists and facilities will be reimbursed at the end of the personal injury case once the case has been settled.

If the injured victim does have health insurance available, then these types of liens are rarely necessary. If the health insurance policy is high quality, then most times a lawyer will not have to get involved in this aspect of the case since the injured person is receiving the care they need – the care that’s necessary due to injuries caused by someone else’s negligent behavior. This is actually the best-case scenario for most lawyers because we want to avoid any situation that could appear to be a conflict of interest between the lawyer and the medical provider.

When a lawyer gets involved in the medical treatment aspect of the case and refers a client to a certain doctor, and that case ends up going to trial, it could look to the jury like the lawyer was simply trying to send their client to the most expensive doctor in order to receive the most compensation possible, rather than just trying to ensure that the client got the best medical care possible. For this reason, personal injury attorneys in Mesa and throughout Arizona really need to be careful about when they get involved in their client’s medical treatment. But when a client has no insurance and does need care they simply can’t afford, a good lawyer will always be certain to do whatever is possible to find an excellent doctor who will provide only the necessary care. The bottom line priority for most top attorneys is to make sure that their clients who lack the ability to pay without the help of a lawyer get the care they need.

Continue reading " What if I'm in a Car Accident and Need Surgery, but Don't Have Health Insurance? (Part Three) " »

In our last blog post discussing what an injured auto accident victim should do if he or she does not have health insurance, we mentioned that although medical care may be urgently needed, the work that doctors provide does not come free. So what is an uninsured person who needs surgery supposed to do?

These surgeries simply won’t happen unless there’s a way to ensure the hospitals and doctors that they will in fact be paid for their services and the care they provided. This means that someone who has been injured by a negligent party could be living with a painful, debilitating injury or illness that could have been easily corrected with some minor surgery. However, there’s nothing that person can do about it because they simply can’t afford the proper medical treatment. Or is there?

In these kinds of personal injury cases, getting a top-notch Mesa personal injury attorney involved right off the bat may help make the process a lot easier. Experienced Mesa car accident attorneys can typically secure outstanding medical treatment, including surgeries, surgical facilities, anesthesiologists, orthopedists, neurosurgeons, pain specialists, and other medical providers to supply the care that is needed to the injured client.

Continue reading " What if I'm in a Car Accident and Need Surgery, but Don't Have Health Insurance? (Part Two) " »

The following three-part blog series will be focused on discussing what an injured victim without health insurance should do after being in a car accident. If you get hurt in a car accident, your first priority should be to seek treatment for your injuries and get better as soon as possible. But what happens if you don’t have health insurance and can’t afford to pay for your medical treatment?

Not having medical insurance is an increasingly common problem for many personal injury clients in Arizona and throughout the United States. With the costs of healthcare and health insurance rising dramatically, more and more individuals are unable to afford quality health insurance. But there are solutions.

An attorney should do everything possible to ensure that their clients’ legal claims are resolved in the most fair and beneficial manner possible. Also, it is extremely important for a skilled Mesa personal injury attorney to care about each client’s medical condition. Any attorney who would dare call themselves “one of the best” feels the same way – otherwise, they’re simply just another run-of-the-mill lawyer.

That being said, doctors don’t work for free – nor should they. They have a right to be paid. Just as the hospitals they work for have a right to be paid. After all, it is a business and if they’re not paid, they will go out of business – meaning they can’t care for or help anyone. Unfortunately, there are times when injured victims need surgery that’s not necessarily an emergency, but is still urgent nonetheless, and they don’t have the money to pay for the costs upfront.

Continue reading " What if I'm in a Car Accident and Need Surgery, but Don't Have Heath Insurance? (Part One) " »

If you do talk to your insurance company before hiring an attorney, know that every statement you make to the insurance adjuster opens the door for abuse. Through “judicial admission,” also known as “admission against interest,” something you state that is not to your benefit, can be used against you in the court of law or at a later date.

Some insurance adjusters will even go so far as to say that you admitted causing the accident, even if you never said so. Whether it’s true or not, this statement will be allowed into evidence and will instantly undermine your credibility in front of a jury. Now, simply because you spoke to your insurance adjuster before talking with a lawyer and had an expectation of honesty and fairness, you have to deal with an issue that should have never come up in the first place. Furthermore, besides causing the judge or jury to question whether you or the insurance company is telling the truth, these kinds of issues also prolong cases dramatically. What would have concluded in an early settlement in a matter of months may now drag on for years.

You’ve likely heard of the Miranda warning on a crime show on TV or in an action movie. If not, these are the rights that are read by the police to people being arrested. They start off stating: “You have the right to remain silent. Anything you say can and will be used against you.” Well, this is a very real warning that should be taken to heart when dealing with insurance companies. It’s critical that you understand that anything you say to insurance companies can and most certainly WILL BE used against you in order to minimize the amount of money paid out to you. Some insurance companies will do whatever it takes in order to maximize profits – even if that means twisting your words or flat out lying about something you said.

Continue reading " How Your Statements to Your Insurance Company Can Harm Your Mesa Case " »

Car accident claims in Maricopa County can be complicated and time consuming. Most individuals pusuing a personal injury case will find that a team approach will deliver the best results when it comes to litigation.

If you’ve shopped around for personal injury attorneys in Maricopa County, you may have come to realize that some handle every aspect of a single case. This may seem like a good, one-stop-shop kind of solution, but looks can be deceiving.

It is important for attorneys to focus on what they do best – which should include conducting complicated legal analysis, formulating strong arguments, doing legal research, coordinating the entire team, and litigating – tasks only a trained lawyer can handle. It is also critical for other tasks to then be delegated to other people in the particular law office. Otherwise, a lawyer will get bogged down in the minutia of a case, unable to see the big picture. They won’t return phone calls in a timely manner, won’t be able to immediately answer questions, and won’t deliver the best results for someone who has been seriously injured due to the negligence of another person.

On the flip side, there are some Mesa personal injury attorneys who take a “hands off” approach to dealing with cases. In these instances, the law firm’s office staff, which may not be properly trained, handles the case from start to finish. We’ve spoken to people involved in personal injury cases who have never even talked to their attorney throughout the entire case. In fact, some say they’ve never even met or seen the lawyer, nor did they know whether or not an actual personal injury lawyer had looked at their case. This is not a team approach. It’s handing over the responsibility of a personal injury case to people who may not be trained to handle these kinds of cases. Obviously, this is not a good approach to take if you want to win your case.

Continue reading " A Team Approach is Necessary to a Successful Personal Injury Case " »

There are many personal injury attorneys in Mesa, Arizona and beyond who focus on the fact that they settle most of the cases that they take. Settling is so common because most injured victims and their families don’t want to endure a lengthy trial, especially after an accident that resulted in serious injuries or in the death of a loved one. They aren’t looking for some huge payday, in spite of what everyone else might think. They simply want what is entitled to them under the law. They are only trying to receive the compensation that is fair and that is owed to them. After all, they did not cause the accident that resulted in their injuries.

While settling a case may be a common conclusion, it’s also important for an injured victim to hire a lawyer who is willing to take the case to trial. In other words, be wary of those personal injury attorneys who always settle. Why? Because the insurance industry is incredibly sophisticated. Those in it know which Mesa personal injury attorneys always settle and which attorneys are willing to take the case to trial, if necessary. This willingness to take a personal injury case to trial generally results in settlement values that are much greater than those negotiated by an attorney who always settles.

If an insurance company knows that the injured person is represented by a Mesa car accident lawyer who always settles every case and refuses to go to trial, the insurance company has no incentive to make a fair offer. Instead, they low-ball the settlement amount, knowing that the lawyer will never take the case to trial. Not only does this harm the actual client, but the attorney also develops a reputation for not being willing to put up a fight. If an insurance company knows their opponent isn’t going to put up much of a fight, then they won’t be willing to offer fair compensation.

Continue reading " Should I Settle My Mesa Car Accident? " »

In our last blog post, we discussed some options available to someone who has been injured in a car accident by a driver who does not have insurance. We will now expand on that topic in discussing how uninsured motorist insurance comes into play.

In addition to insurance from the negligent driver, many of our clients are unaware of insurance policies they have that may help cover their costs for medical bills and lost wages. This kind of coverage is called uninsured motorist coverage and it provides protection in case you’re in a car accident with someone who has no insurance at all.

Many times, we see clients who are wary of making uninsured motorist claims because their rights under this coverage haven’t been properly explained to them. For instance, they oftentimes think that once they make a claim, their premiums will rise. This is not true. In fact, under Arizona law, insurance companies are not allowed to raise insurance rates when a customer makes an uninsured motorist claim.

In addition, most clients don’t know that filing an uninsured motorist claim (sometimes called UM claims) is the best way to protect their rights. The reason that people purchase this kind of coverage in the first place is for exactly this type of situation. What’s more is that if you’re in a friend’s car and are injured in an accident caused by someone without insurance, your uninsured motorist coverage should be able to provide protection and compensation, depending on your policy.

Continue reading " How Do I Make a Claim Against a Driver With No Insurance? (Part Two) " »

It’s a fact. Almost a quarter of drivers in the State of Arizona do not have any car insurance. To make matters worse, a recent study showed that because of the economy, more and more people are dropping their insurance altogether. For those who aren’t, many are decreasing the amount of car coverage they carry.

As a result, we’ve seen many auto accidents in Mesa, Arizona where the person who caused the accident didn’t have any insurance coverage. For someone who is seriously injured, and did nothing wrong, this can be especially frustrating. The reality of the situation is that there isn’t a magic bullet that can fix the entire situation. But don’t despair completely, either. By finding a skilled Mesa car accident lawyer, you may be able to receive compensation for the injuries and damages you sustained.

First of all, the fact that the at-fault driver says they don’t have insurance doesn’t mean that there is no insurance claim. There is a chance that the driver is lying and simply didn’t want to tell you that they do in fact have insurance. We’ve actually seen this happen in many cases and a quick investigation uncovers available insurance that can pay for things like medical bills, lost wages, and related expenses.

Continue reading " How Do I Make a Claim Against a Driver With No Insurance? (Part One) " »

The laws and rules of a court as they relate to Mesa personal injury cases have a huge impact on the processes and procedures that should be followed after an accident. Clearly, in the case of an auto accident in Mesa that results in serious injuries to the victim, medical care and treatment is the very first priority. Likewise, in a car accident case that results in a wrongful death, there are obviously going to be bigger concerns initially than what it going to happen from a legal standpoint. However, what does happen if the case results in a lawsuit is largely governed by the Arizona Rule of Civil Procedure.

The Arizona Rule of Civil Procedure impacts every aspect of a case, including:

• How the complaint must be filed


• How the complaint must be served


• Whom the complain must be served to


• What kind of information the insurance company and the defendant are required to provide


• What kind of information the plaintiff and his or her attorney must provide to the defense

Continue reading " How do Arizona Rules of Civil Procedure Impact Mesa Car Accident Cases? " »

A personal injury claim is simply a way for a person to collect a sum of money (also known as “damages”) if he or she has been injured by the actions or negligence of someone else.

Personal injury claims can include tangible harm, such as physical injuries, long- or short-term disabilities, and wrongful death. These claims can also include less tangible – and harder to measure – concepts like emotional distress, psychological injury, and pain and suffering.

Due to these abstract grievances, people are often frustrated by the fact that claimants in personal injury cases request money for situations that money cannot fix. Many think that filing a personal injury lawsuit is a sure sign of good old American greed by the injured person. What many people fail to realize, though, is that awarding compensation for negligence is not an American concept, nor is it relatively new. In fact, this is a system of justice that dates back to the Old Testament.

It’s true that money cannot undo the wrongful death of a spouse, nor can it ease the pain brought on by a severe physical disability. But the law must hold the negligent party responsible for their actions. And, in many cases, filing a personal injury claim is really the only way to do that.

How a Personal Injury Claim Works in Arizona
In Arizona, a personal injury claim begins with a person who has been injured due to the actions or negligence of someone else. That person files a claim requesting monetary compensation for his or her injury. In most cases, personal injury claims are made against the insurance company that represents the person who caused the injury.

At this point, most personal injury claims conclude with a settlement. In such cases, both the plaintiff and the defendant (or the defendant’s insurance company) agree to an amount of money that is believed to be fair compensation for the injuries sustained. These kinds of settlements are not always equally favorable to both sides, though. Sometimes, the settlement is more favorable to the injured person; and other times, the settlement seems to favor the defendant or insurance company. In the majority of cases, though, both sides are typically unhappy and wish things had ended differently. However, the key point to make about settlements is that they are agreed upon by both parties. No judge or jury can force a settlement. Instead, both parties settle in order to avoid the risk of a lengthy trial.

Continue reading " The Ins and Outs of an Arizona Personal Injury Claim " »

As one of the oldest towns in Arizona, Florence is home to approximately 20,781 residents and is the county seat of Pinal County. In preserving its history as the sixth oldest European settlement in the State of Arizona, Florence is a thriving community with much culture and diversity. The scenic desert surroundings of Florence also offer much to see and experience for visitors and residents. As a densely inhabited region barely touched by a dull moment, the town of Florence encounters its share of personal injury incidents in which individuals are injured directly by another person’s negligence or indirectly by another person’s property.

Although personal injury accidents can be quite devastating, whether the incident was a work accident, auto accident, construction accident, or slip and fall accident, experienced Florence personal injury attorneys are available to help inform an injured victim of his or her legal rights. At Breyer Law Offices, P.C., we are committed to ensuring that personal injury victims understand all of their legal options so that adequate compensation can be obtained from negligent parties.

Continue reading " Florence Personal Injury and Auto Accident Lawyers " »

If you’ve been injured in an accident due to someone else’s negligence, the idea of filing a personal injury lawsuit can seem overwhelming. You probably have many questions, like how do I go about filing a suit and do I need a lawyer?

As experienced personal injury attorneys in Tucson, we’ve provided some information below about filing a personal injury lawsuit in the State of Arizona.

How do I file a lawsuit?
A lawsuit in Tucson and throughout Arizona requires what is known as a “complaint,” which is simply a piece of paper. In personal injury cases, this piece of paper indicates who has been injured (plaintiff), the person who caused the accident (defendant), what happened to cause the accident, and where the accident happened (jurisdiction). Once you fill out a complaint, then you submit it, along with a check, to the clerk of the court.

Who can file a lawsuit?
Anyone can file a lawsuit. You could file a lawsuit against your neighbor for wearing shoes you don’t like. It is not up to the filing clerk to determine if your lawsuit is legitimate. The clerk simply ensures you have completed your complaint and submitted your check. In fact, in Tucson and throughout Arizona nobody other than a judge can make a final decision as to whether a claim is legitimate or not.

In the example above, since there is no law limiting or dictating the kinds of shoes people wear, your lawsuit would be thrown out. But the point is it can still be filed and come before a judge, who will determine its legitimacy.

What are frivolous lawsuits?
Frivolous lawsuits are insufficient claims, not supported by the laws and facts (like the shoe example above). Judges dismisses many of these cases. Another example of a frivolous lawsuit involved a woman who was in a car accident and claimed that she lost her psychic powers due to that accident. “Loss of psychic powers” is not something easily proven. However, this lawsuit only required that the plaintiff file a complaint and submit a check, right alongside legitimate lawsuits involving victims seriously injured by drunk drivers. Again, it is not for the filing clerk to decide legitimacy; in Tucson and throughout Arizona, it is up to the judge.

Continue reading " How to File a Personal Injury Lawsuit in Tucson " »

Located in the southeast corner of the City of Phoenix, Ahwatukee is well known for being a safe and affluent community. As one of Phoenix’s 15 urban villages, Ahwatukee has an estimated population of about 85,000 people in its stretch of 35.8 square miles. Ahwatukee is bordered on the east by Interstate 10, by South Mountain Park on the north, by the Gila River Indian reservation on the south, and by state owned land on the west. Similar to other popular and bustling neighborhoods in Arizona, Ahwatukee encounters incidents of personal injury from time to time when individuals use poor judgment characteristic of negligent behavior.

In the event that visitors and inhabitants of Ahwatukee suffer injury as a result of another individual’s negligence, either due to an auto collision, truck accident, work accident, or another kind of personal injury accident, a skilled Ahwatukee personal injury attorney can be of assistance. At Breyer Law Offices, P.C., our dedicated attorneys have helped many personal injury victims during their time of need after suffering from a serious accident that was directly caused by the negligence of another person or indirectly by another person’s property.

One of the most frequent types of personal injury incidents that take place in Ahwatukee is auto accidents. We have seen first-hand what types of catastrophic consequences can result from driver inattention, a dangerous road condition, or a defective auto part. Fortunately, auto accident victims have legal rights and options that allow them the opportunity to hold those who were negligent accountable for their actions.

Continue reading " Ahwatukee Personal Injury and Auto Accident Lawyers " »

In Arizona, dog owners are held to strict liability pursuant to state statutes 11-1020 and 11-1025(a). These statutes assert that if a dog bites or causes injury to a person other than its owner, the owner can be held for committing a Class 6 felony. Provided the victim did not provoke the dog, felony charges could still apply even if its owner was genuinely unaware of the dog's vicious nature. There is a two-year statute of limitations for filing claims in dog bite cases, but because of the way the statute was written the protections afforded to bite victims are largely lost if a claim is not brought within the first year following the attack. Pursuant to state code 12-541, statutes of limitation apply in dog bite liability cases in Arizona, and most cases must be filed within one year of the incident(s).

In some cases, owners can claim provocation as the reason for the dog attack and thus, pursuant to Arizona Revised Statute 11-1027, avoid punishment. In Murdock v. Balle, for instance, the defendants were able to show that the claimant had indeed provoked the dog into an aggressive posture. This was a sufficient argument against the action for damages to prevent an award.

[There is an important distinction to be made here, however. "Provocation" is not the same thing as "assuming the risk to provoke." In another case in the 1980’s, the Arizona State Supreme Court ruled that "contributory negligence and assumption of risk" on the part of a claimant was not enough to justify a claim’s dismissal.]

Even in relatively simple dog bite cases in Arizona, in which the owner was clearly responsible and the facts at hand are undisputed, it may behoove claimants to seek professional counsel. Recovering settlements from insurance companies can still be tricky, even when the claim seems simple. Many insurance companies will fight vehemently to avoid paying even a small claim, and the economic situation in America now only aggravates the problem. There are lots of other good reasons to seek counsel from a skilled Arizona dog bite injury lawyer. It's impossible to gauge how a defendant may react to your legal strategy. You’re at an immediate disadvantage if your opponent takes legal counsel and you do not.

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According to the Arizona Revised Statutes, Sec. 12-612, the spouse, parent, child, or guardian of someone who was killed due the negligence of another may make a wrongful death claim. If the parents of a victim are divorced, either can make a claim individually or together, whatever they choose. Personal representatives of a victim’s estate can also file a wrongful death claim.

Beyond who can file a wrongful death suit, the statute also covers who can receive compensation from such a claim. In other words, compensation isn’t limited to the person who pursued the claim. If the lawyer in a wrongful death suit obtains compensation, then that financial recovery may be distributed to the spouse, parents, or children of the victim. The compensation must be distributed according the victim’s injuries, which a court will decide if the parties involved aren’t able to do so.

For example, of a victim dies and leaves behind a dependant spouse and children, that dependant spouse can claim greater financial injuries than the parents who didn’t depend on the victim for financial support. So not all claimants in a wrongful death lawsuit are given equal shares of the settlement or compensation.

In cases where there is no living spouse, parent or child, any money recovered in a wrongful death lawsuit will go to the estate of the victim and be added to their other assets and debts. Family members and unrelated loved ones not able to file a wrongful death suit may then be able to recover financial compensation in this way, depending on how the estate has been arranged to pay out the heirs. In other words, if there are people other than a spouse, child, or parent, named in the will, they may receive financial compensation.

Here’s an example. A man dies in a wrongful death accident and has no will, no wife, no children, and no surviving parents. Therefore, only the personal representative of his estate can file a wrongful death lawsuit. If the man’s sister is named personal representative, she may file the claim on behalf of her brother’s estate. Any compensation recovered would then be distributed equally among the siblings, as long as there is no will stating anything contrary.

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Top Arizona personal injury lawyers know that the timeline in any individual personal injury case differs, and has to be addressed on a case-by-case basis. Too often, Arizona residents think that there is automatically a two-year statute of limitations, before which one must file a claim. This statute of limitations indicates how long after an accident people have to file a lawsuit. There is a problem, however, with relying simply on this belief in a two-year statute of limitations.

Firstly, it should be noted that in some cases an injured person could lose all of their rights to compensation, even if the other person admits to having caused the injury or wrongful death, if a detailed claim is not filed with the correct person at the correct location within six months of the accident. In other cases, an injured child may have as long as twenty years in which to bring a claim.

Too many people also are under the false impression that they just need to file a claim with the insurance company within the appropriate deadline. In actuality, a badly injured person can lose all rights to recover any money for medical expenses or lost income from being unable to work because a proper lawsuit was not filed in the county within the legal time limits.

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The city of Goodyear is located in Maricopa County and was established in 1917 by Paul Litchfield of Goodyear Tire & Rubber Company. In its span of 116.5 square miles, Goodyear displayed a population growth rate at an estimated 16% each year from 2000-2006 and has a population of 59,508. Based on a Citizen Satisfaction Survey, approximately 96% of residents feel that Goodyear is a safe place to live. Nevertheless, as a largely inhabited area, the city of Goodyear experiences its share of personal injury accidents.

When residents and visitors of Goodyear find themselves the victim of another person’s negligence, whether they have been injured in an auto accident, construction accident, truck accident, slip and fall accident, or another type of personal injury incident, an experienced Goodyear personal injury lawyer can help. At Breyer Law Offices, P.C., our dedicated attorneys have assisted many personal injury victims during their time of need after suffering from a serious accident that was directly caused by the negligence of another person or indirectly by another person’s property.

One of the most common types of personal injury incidents witnessed in Goodyear is auto collisions. We have seen first-hand what kinds of devastating consequences can result from driver inattention, a dangerous road condition, or a defective auto part. Fortunately, auto accident victims have legal rights that allow them the opportunity to hold those who were negligent accountable for their actions.

Whether an auto accident in Goodyear involves a truck, bike, bus, or motorcycle, the skilled Goodyear auto accident attorneys at Breyer Law Offices, P.C. can help you obtain the financial compensation you need to help pay for medical treatment and care, loss of wages and other expenses associated with your pain and suffering. For a free and confidential evaluation of your Goodyear personal injury or auto accident case, call Breyer Law Offices, P.C. at 602-978-6400 today.

There are so many lawyers in this sunny valley that it can be overwhelming for someone who has just lost a loved one or who have themselves been seriously injured in a horrible car accident in the Phoenix metro. Choosing the best Phoenix car accident lawyer or finding a top personal injury attorney can be a seemingly insurmountable task when there are so many lawyers and law firms advertising on television, on the Internet, and through other media. A true expert in personal injury law can be difficult to find. It is important to not only find a specialist in Arizona personal injury and wrongful death litigation, but also to find a lawyer who will communicate throughout the process of a personal injury claim. This can indeed be challenging.

We suggest first of all looking to the Internet to investigate the websites of a number of different lawyers. Look at what information they provide. Consider whether they actually provide valuable information that you could use, and then consider if their site merely offers a continuation of their Yellow Pages advertisement or if it echoes the statements made by other law firms. Another thing to look at is whether the lawyer or law firm truly has the expertise and whether they specialize in personal injury law. It is important to know if they have a lawyer that is a certified specialist by the Arizona State Bar. Less than two percent of all lawyers in Arizona hold a specialty in personal injury and wrongful death litigation. Some lawyers are merely attempting to pick up a car accident case on the side, and may never have taken a personal injury claim to trial. Testimonials by satisfied clients are also important, and can show how highly their clients regard them as lawyers.

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