Posted On: May 28, 2010

Know Your Rights When a Dog Attacks a Child

As Tucson child dog bite attorneys, we see far too many cases involving children. The reason is that the child is the same height as the dog and so when attacks do occur, they can be serious. Unfortunately, there is no magic wand that can undo these kinds of awful tragedies. No amount of compensation can replace what has been lost when a child is a victim of a dog attack.

However, with that said, compensation is important for those injuries that result in medical bills and pain and suffering. Not only can compensation help reduce the stress on the family to pay for things like surgery or other medical bills, but it can also help pay for a counselor or psychologist to help the child overcome any emotional issues associated with the attack.

But filing a personal injury claim is not the right avenue to take for every single dog bite case. That’s because there are many considerations and factors to take into account. If you have questions, or are not sure whether or not you have a valid claim, you should simply consult with an attorney. At Breyer Law Offices, we have extensive experience with dog bite cases in Tucson and throughout Arizona, and also offer free consultations. We can provide you with the answers you need to make the best decision for you and your family.

Posted On: May 27, 2010

Arizona Nursing Home Residents are Protected from Abuse by the Adult Protective Services Act

Nursing home abuse in Arizona is completely unacceptable. It must be dealt with swiftly and harshly to ensure it doesn’t happen again. That’s why certain laws have been created to protect residents from this kind of abuse. Specifically, when abuse does happen in an Arizona nursing home, a nursing home abuse attorney will rely on the protections afforded to that resident under the Adult Protective Services Act (APSA).

Even when abuse is obvious, it’s not always easy for the family to hire an attorney to deal with nursing home abuse. The family may simply want to move on and forget about the abuse altogether. For some families, this may be the best thing to do. However, for other families, filing a personal injury claim against the nursing home is the best avenue to take. Filing a claim will not only serve to punish the abusers, but it will also help to provide protection against future abuse to another resident.

If you have a loved one who was abused in an Arizona nursing home and you want to know your rights, please call Breyer Law Offices. We are experienced Phoenix nursing home abuse lawyers, and can give you honest answers and guidance, as well as educate you about all of your legal options, so you can make the best decision for your loved one.

Posted On: May 26, 2010

Tucson Injury Attorney Discusses Lack of Protection from Falls by Workers on Construction Sites

The lack of fall protection on a construction site in Tucson is a common cause of construction site injuries. In fact, it is considered the top cause of death and serious injuries on construction sites all over the country. Most people expect that certain things will happen if someone dies or is seriously injured due to an Arizona construction site fall. Many people would expect that OSHA, or at least the Arizona arm of OSHA, would do a detailed investigation. Another expectation is that either the injured worker or the surviving family members have the right to file a workers’ compensation claim.

Many Arizonans do not realize that in addition to workers’ comp benefits an injured worker or surviving family members may also have the right to file a personal injury or wrongful death claim. These types of personal injury claims will not take away from the worker’ comp claim, but will actually add to what can be claimed.

Determining what caused an accident, such as why there was a lack of fall protection and why the fall occurred, along with a variety of different factors are part of what must be considered to ascertain whether a personal injury claim can be made as well.

For any questions about personal injury claims after construction site falls or falls on other job sites, please call us. Our Tucson construction injury lawyers are happy to help you and your family address the same concerns we have helped others in similar situations address. In that way, you can make the best decision as to how you wish to proceed I your construction site accident claim.

Posted On: May 25, 2010

How Can I Find an Attorney for a Car Accident Case that Involves ARS 28-701(A)?

When a serious accident occurs and a police officer responds and thinks that somebody should have been able to halt their car to avoid the accident, the driver the officer believes is responsible will often be cited with ARS 28-701(A). This simply means that the driver failed to control the speed of the car to avoid a car accident – and it is a common citation in severe personal injury cases in Arizona.

But it is important to remember that just because a police officer issued a citation, doesn’t mean that all questions will end regarding who was at fault and how serious the accident was. First of all, the police citation does not say which person was at fault. Rather, it states who violated the specific law and statute. In addition, the officer’s determination is not final. Only a judge and jury’s determination is final when it comes to figuring out fault for an Arizona accident.

As Phoenix injury attorneys, we get a lot of calls from people not cited in an accident who can’t understand why an insurance company is refusing to accept responsibility for the accident. The reason for this is that the insurance company is not required by Arizona law to follow the citation. In these cases, it’s important to hire a personal injury attorney to get the insurance company to accept the responsibility.

If you’ve been badly injured in an Arizona car accident and don’t know where to turn, please feel free to call the Breyer Law Offices. Our Phoenix car accident lawyers can review your claim and give you an honest assessment of where we think you stand. You can always depend on us for honest, upfront answers.

Posted On: May 21, 2010

Motorcycle Accidents at Arizona Intersections Involving Left Turns

As motorcycle crash attorneys in Arizona, we know that far too many people, especially those on bikes, are injured when another driver who is turning left fails to notice them and hits them. Many times, there’s nothing even the most experienced motorcyclist can do to avoid such an accident. Some will try to brake or steer away to avoid such an accident. Others will lay down their bikes before hitting the car. But regardless of the actions, it’s usually too late to avoid a car that has turned left directly in front of a motorcycle.

Unfortunately, riders face many dangers on the road. And more often than not, accidents involving motorcyclists are not the fault of the rider. Yet far too many people have a bias against motorcyclists and will attempt to blame them, even if they were legally riding their bike in the safest possible manner.

After these kinds of motorcycle accidents, victims struggle with whether or not to hire a Glendale motorcycle accident lawyer. They’re unsure as to whether it’s worth the energy and effort. If this sounds like you, then the attorneys at Breyer Law Offices can help. We can provide you with a free consultation, during which we’ll review your case and answer any questions you may have. This is not a sales pitch; it’s simply an opportunity to provide you with the information you need to make the best possible decision.

Posted On: May 19, 2010

Chandler Premises Liability and Slip and Fall Accident Attorneys

Chandler is a main suburb of the Arizona region that makes up Phoenix. With an approximate population of 247,000, Chandler is situation in Maricopa County and is surrounded by the busy cities of Mesa, Phoenix, Gilbert, Tempe, and also the Gila River Indian Community. With Interstate 10, the Price and the Santan Freeway within easy access, Chandler businesses thrive and residents enjoy a variety of activities. As such a densely populated and hectic area, injury and even fatal accidents sometimes take place on a wide range of properties and in Chandler slip and fall accidents.

Trip or slip and fall injury accidents in Chandler can be more serious than most individuals realize. Common injuries associated with these types of incidents include lacerations, broken bones, torn ligaments, sprains, spinal cord injury, and even brain injury. In many instances, how a person falls, his or her age, what they land on, and other circumstances, will play a significant role in severity and type of injuries sustained. Chandler slip trip falls that occur because of poor signage, insufficient warnings, or improperly maintained premises may contribute to pain and suffering, lost wages, steep medical bills, and other damages.

At Breyer Law Offices, P.C., our skilled Chandler slip and fall accident attorneys have years of experience assisting injury victims receive the compensation that they deserve. We understand the importance of holding negligent property owners liable for carelessness or reckless behavior that contributes to a serious injury or wrongful death. Mark and Alexis Breyer have the legal resources and skill to successfully handle any premises liability or slip and fall accident case. Contact us today for a free consultation of your potential injury claim by calling 480-753-4534.

Posted On: May 18, 2010

Phoenix Injury Attorneys Representing Victims of Left Turn Accidents at Intersections

Most people don’t know that there is an entire law that governs drivers turning left at an intersection – it called ARS 28 772. The reason for the law is that so many victims of car accidents were injured when the negligent party was making a left turn. These cases can get complicated, so it’s important to hire an Phoenix injury lawyer who has experience with left turn car accidents.

When these accidents happen, many times, the individual making the left turn will be found responsible for the accident by the police officer responding to the scene. But the question regarding who was at fault doesn’t end there. Under the personal injury laws in Arizona, the fault can be divided up among multiple parties, so both drivers may be found partially at fault.

In addition, the police officer’s citation isn’t admissible as evidence. So, as a result, just because someone was given a ticket doesn’t necessarily mean that their insurance company will be responsible for fully compensating the injured victim. The opposite holds true as well. If the officer gave the injured person a ticket, that doesn’t mean there isn’t a personal injury claim to be pursued.

To determine whether or not someone has the right to file a personal injury claim, consulting with an attorney is usually necessary. At Breyer Law Offices, we have experience dealing with personal injury cases involving left turn accidents. If you have any questions, or are wondering whether you have a valid personal injury claim, please contact us. We can help.

Posted On: May 14, 2010

Phoenix Construction Accident Lawyers Represent Workers Who Have Sustained Spinal Cord Injuries

Arizona construction accidents often result in catastrophic injuries or injuries that have long-term health effects. Spinal cord injuries are extremely common in construction accidents. A spinal cord injury in Phoenix tends to affect almost every aspect of a person’s life. It often causes permanent disability or loss of movement (paralysis) and sensation below the site of the injury. The most common causes of spinal cord injuries in the United States are falls, motor vehicle accidents, acts of violence, sports and recreation injuries, alcohol use and injuries triggered by other diseases or health conditions.

A spinal cord injury can turn your entire life upside down, just like any other catastrophic injury. If you have sustained a spinal cord injury on-the-job in a construction site, especially due to someone else's negligence, you may be able to recover compensation. Such restitution may cover expenses associated with medical treatment, surgery, medical exams, medication, lost wages, rehabilitation, physical therapy and even long-term care.

If you are a construction worker who has sustained catastrophic spinal cord injuries, then you may never be able to return to work. In such cases, you can also seek compensation for lost future earnings and loss of ability to make a living. You may also need emotional and psychological care after a spinal cord injury to combat feelings of fear, insecurity, anxiety and depression.

Call Beyer Law Offices P.C. to discuss your construction accident injury accident today. We always offer a no-cost, no-obligation consultation and a comprehensive case evaluation to injured victims and their families. It is important that you get an experienced Arizona construction accident law firm on your side as soon as possible so they can get their experts on site and begin working on gathering the necessary evidence and information. We will fight for your rights and help you secure the compensation you rightfully deserve.

Posted On: May 12, 2010

Who is Liable for Injuries or Wrongful Death in Arizona Construction Accident Cases?

The construction industry has the highest worker injury and fatality rates of any industrial sector in the United States although construction workers only make up a small percentage of the American workforce. The most common causes of fatal construction accidents in Arizona and elsewhere in the nation include unsafe equipment, defective or malfunctioning equipment, lack of proper training, not following safety procedures and negligence on the part of the employer or other parties involved in the construction project. Electrocution, scaffold collapse, trench collapse, burns or falling objects are also common causes of construction site accidents.

So, who is actually responsible when a worker is injured or killed in a construction accident? Under federal law, the prime contractor in charge of the project is always responsible for job safety on the entire site and for compliance with regulations and safety standards imposed by the Occupational Safety and Health Administration (OSHA). The main contractors are the ones who dictate work schedule, provide and help maintain equipment that is used at the work site. If the prime contractor delegates work to a sub-contractor, he or she is also responsible for job safety and following guidelines and safety standards.

When a worker is injured or killed, state workers’ compensation benefits cover lost wages and medical expenses associated with the injuries or deaths at the construction site. However, if the accident, for instance, was caused by a defective tool or piece of equipment, then a product liability lawsuit could be filed against the manufacturer of that faulty product that caused the injury or death. Workers are entitled to workers’ compensation costs in connection with both short-term and long-term injuries as well as catastrophic injuries such as loss of limbs. They could also receive compensation to cover vocational training and physical therapy.

If you have suffered serious injuries in a construction site accident in Arizona, please contact Breyer Law Offices P.C. to find out more information about your legal rights and options. Our experienced Phoenix accident attorneys will carefully evaluate your case, fight for your rights and make sure you receive just compensation for your injuries, damages and loss.

Posted On: May 10, 2010

Bicyclist Rights after an Arizona Injury Accident

Whether drivers like it or not, people on bicycles have a right to use the road. Bike riders most often ride safely, but far too often, drivers don’t pay attention to them. This can lead to a tragic accident.

When accidents involving bicyclists do occur, the injured victim has every right to file a personal injury claim. In many of these cases, the negligent party will try to blame the bike rider. For that reason, and many others, it’s critically important for an injured victim or their family to hire an accident attorney. It becomes even more important to hire an attorney when the victim dies as a result of their injuries. Many families wonder if it’s even necessary to hire an Arizona injury attorney for a bicycle accident involving a fatality. However, the negligent party needs to be punished and the family of the victim has the right to receive compensation for their pain and suffering, as well as any lost wages or medical bills.

If you or a loved one has been injured by a negligent driver while riding their bicycle, please contact us. At Breyer Law Offices, we welcome your call – whether you know you want to bring a suit against the negligent party, or you’re simply looking for answers surrounding a possible bicycle accident case. We can give you the information and advice you need, so you can make the best decision for you and your family.

Posted On: May 7, 2010

Information about Dealing with Insurance companies from a Mesa Insurance Claim Attorney

As Mesa auto accident attorneys, we deal with insurance claims on a frequent basis. In fact, filing claims against insurance companies is a huge part of what we do. As a result, we have plenty of experience dealing with insurance companies and the ways in which they try to deny claims.

Insurance companies are in business to make a profit. In order to make the largest profit possible, they can sometimes try to minimize the payment to the injured party. Many victims think they can simply negotiate with the insurance company on their own for a fair settlement. However, the insurance company’s motive is profit, not fairness.

In addition, filing an insurance claim for compensation is not the same as filing a personal injury lawsuit. There are certain steps that must be taken, different rules that apply, and different deadlines that exist. For instance, the rules of evidence in a court in Arizona do not apply when it comes to negotiating a settlement with an insurance company.

As a result, it’s important to consult with a Mesa accident lawyer before speaking with the insurance company. At Breyer Law Offices, we welcome your call – whether you know you want to file a suit, or you’re simply looking for answers surrounding a possible personal injury case. We can give you the information and advice you need, so you can make the best decision for you and your family.

Posted On: May 6, 2010

Why File a Personal Injury Claim for a Drowning Accident in Arizona?

Those who own pools, or operate public ones, must follow certain laws, codes and regulations as set forth by the State of Arizona. However, sometimes these laws aren’t followed and the results can be tragic.

When accidents do happen, it’s always easier to blame the victim. But what happens when that victim is a child?

Many people seem to think that a drowning accident lawsuit will accomplish nothing after the fact, and that everyone should just move on. But we think that’s highly questionable. First of all, the victim’s family deserves compensation for their loss. In addition, the negligent party must be held accountable for their actions. And thirdly, shining the spotlight on pool safety is an important public service.

If a loved one has been killed in a drowning accident due to someone else’s negligence, please don’t hesitate to contact us. At Breyer Law Offices, our Phoenix swimming pool accident lawyers welcome your call – whether you know you want to bring a suit against the negligent party, or you’re simply looking for answers surrounding a possible drowning accident case. We can give you the information and advice you need, so you can make the best decision for you and your family.

Posted On: May 5, 2010

The Process Behind a Mesa Personal Injury Claim

In theory, an Arizona personal injury claim is a relatively simple process. A claim generally starts when an injured person requests money for injuries they have incurred after enduring an accident, abuse, or neglect. Most of the time, this involves filing a claim with the insurance company of the party responsible for the injury. If the claim is not settled at that point with an offer from the insurer, a lawsuit is usually the next step.

Filing a lawsuit is the beginning of what is known as the litigation process. For victims of injury, the first task in litigation is responding to your own lawyer’s questions so he or she becomes familiar with the facts of your case. This is known as discovery.

Next, the injured party must give a sworn statement, in which the questions posed by the lawyer of the at-fault party-- or the at-fault party’s insurance company-- are answered. This is called a deposition. A deposition is given under oath, and statements given in a deposition can be used in court.

Ultimately, the next step is to take the case to trial before a judge and jury. But it’s uncommon for the case to reach that point. Most cases settle long before a jury trial takes place, which we will detail shortly. But other cases require a jury to decide what the case is worth; the amount of money that could possibly be won at trial is at the discretion of the jury.

Being involved in any type of accident can often be a traumatic experience. When another person’s negligence causes such devastating incidents to take place, injury victims have legal rights that deserve to be protected. If you’d like to learn more about your options so that you can decide what the best course of action is for your specific situation, please give our Mesa injury lawyers a call for a no-obligation, free consultation.

Posted On: May 4, 2010

Arizona Construction Accident Lawyers Concerned about Trench Collapses

Trench collapses in Arizona are a major source of construction accident deaths. Between 1990 and 2000, there were 771 fatal accidents involving trenching and excavations in the United States. On average, 70 construction workers die each year while working in a trench. Some workers operate without even realizing that they could be digging their own grave. A hard hat in most of these cases may not offer that much protection if a trench wall collapses due to proper safety measures are not being taken. The real tragedy of trenching accidents is that they can be prevented.

Recently, a 25-year-old construction worker who was installing a storm sewer line about 10 feet underground was pinned to the sewer main and killed after the walls of the trench collapsed. According to a report in The Monitor, the young man was instantly killed. The man was apparently working for a private contractor. The federal Occupational Safety and Health Administration (OSHA) is conducting an investigation of the site in order to determine whether all safety protocols were followed.

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Posted On: May 3, 2010

Do I Need a Phoenix Pedestrian Accident Attorney or a Car Collision Lawyer?

When someone gets hit while crossing the street or when they are walking along the side of the road, the injured person often has no idea what type of lawyer to hire. Should the person hire a car accident lawyer or a pedestrian accident attorney? The reality of the situation requires the injured party hiring the best Arizona accident injury lawyer that he or she can find. Nearly every top attorney knows extensively about helping both pedestrians and those riding or driving in cars.

A number of people ask us if there are differences between aiding people who were hurt while in a vehicle as opposed to those who were walking. There are quite a few differences, as many laws that apply to pedestrians do not apply to vehicles. Further, there is also a bias among jurors against pedestrians. This bias may even filter down to the police officer investigating the accident. This usually is not intentional, but as experienced personal injury lawyers that deal with a wide variety of cases, we often see this predisposition to put the blame on the pedestrian, even in cases where the facts show that more of the blame is due to the driver of the vehicle involved.

Some of the best Phoenix personal injury attorneys will answer your questions honestly, without only trying to sell their services. For information about a pedestrian accident involving a vehicle or another personal injury claim, please contact us. We have ample experience working with all sorts of personal injury claims in Tucson, Phoenix, and other communities throughout Arizona. Regardless whether you feel your questions would be difficult to answer, please contact us. We can offer advice and information that will help you make the best decision for your family on how to proceed with your claim, whether to hire a lawyer, and if a lawyer is needed who the best one would be to handle your particular personal injury claim.