Arizona Accident Lawyer Blog

There is no real mystery about filing a lawsuit. Rather, it is determining whether the lawsuit is legitimate or not that is the key. Fortunately, people are not generally able to sustain legal action against their neighbor just because they do not like the color of the hat that he or she wears, though a person can still file a lawsuit about it. The clerk of the court will happily accept the check, and will just ensure that all the paperwork looks correct. It is not up to the person who takes your check at the counter to determine whether there is a legitimate reason for a lawsuit or not. In fact, whether the lawsuit is filed in Maricopa County or elsewhere in the State of Arizona, no one but a judge can determine whether any claim is legitimate or not.

You do not even need an Arizona accident lawyer to file a complaint. Anyone can file a lawsuit about anything at any time. You can sue your next-door neighbor simply because you do not like the color of their hat. This type of lawsuit might even be filed next to a legitimate personal injury suit claiming damages after a serious injury that resulted from an accident caused by someone who drove under the influence of alcohol or drugs.

Continue reading "Filing Lawsuits and Complaints in Arizona" »

As experienced auto accident attorneys in Tucson, we’ve seen the devastating impacts of negligent drivers time and time again. One of the causes of these accidents that appear to be on the rise is texting. Texting and driving is not only dangerous, it’s also potentially criminal if it leads to an auto accident and it has personal injury lawsuit ramifications.

In Arizona, the Supreme Court has ruled that punitive damages are appropriate for drunk drivers who cause accidents. However, people who cause an accident by mistake and had no intent to cause the accident are not responsible for punitive damages.

What that means is that people who drink and drive are not only responsible for paying for things like medical bills, lost wages, and pain and suffering, but they can also be fined a large amount as a punishment and to send a message to the general public.

Continue reading "Information about Personal Injury Lawsuits in Tucson Involving Texting & Driving" »

As auto accident attorneys in Phoenix, we’ve seen many personal injury cases where the victim’s family didn’t know what to do after their loved one was seriously injured. The victim should focus on getting better. However, there are steps that a family can take to preserve evidence and help strengthen a potential personal injury case.

First, take lots of pictures. When you think you’ve taken enough pictures, take more. Take pictures of anything that could be later disputed by the defendant, such as the car, where the accident took place, anything near the accident, skid marks, the hospital rooms, and the injuries sustained. Every single photograph counts because the defendant and the insurance company will try to dispute the claim.

Another helpful thing you can do is to ensure your loved one is following doctor’s orders. Make sure they take their medicine and make it to their appointments. Taking this step will help to reduce the likelihood of a long legal battle over an issue that could have been proven by a single notation on a medical chart.

If your loved one has been injured in an auto accident in Arizona and you’re looking for help, please contact Breyer Law Offices. We’re just a phone call away and can give you the information you need to ensure your loved one’s injury claim is properly documented.

When a bad car accident happens in Tucson, or anywhere else in Arizona, documentation of the injuries begins right at the scene of the accident by first responders. Whether the injured victim is transported via ambulance or helicopter, documentation of injuries continues by the EMTs. Upon arriving at the hospital, further notes are taken by the medical staff documenting the person’s injuries. So within 45 minutes of a car accident in Tucson, there are usually at least three sets of notes describing the injuries – all of which end up in the victim’s medical records.

The medical records continue to grow, as the victim is treated for their injuries. Medical staff do their best to properly document injuries, however these records are oftentimes inaccurate due to time limitations, communication issues, and a host of other factors. Overcoming such errors can be difficult when considering the faith people put in medical charts.

Continue reading "An Attorney Experienced in Going through Medical Records is Critical to Your Tucson Personal Injury Case" »

Most people who have never dealt with an insurance company before just assume the company will treat them fairly. They have no qualms about contacting the negligent driver’s insurance company directly and think they can handle the case on their own. But insurance companies will not act in their best interest.

After all, they have shareholders and a bottom line to protect. So they will do whatever it takes to save money. In addition, when an injured victim contacts an insurance company directly, the company may try to twist their words and use those words against them. They may even claim the victim said things that they did not say.

As Peoria personal injury attorneys, we are obviously a biased source. But we deal with injured victims on a regular basis who are being denied fair compensation by the negligent driver’s insurance company. That’s why we encourage injured victims to first consult with an Arizona injury attorney.

Continue reading "Don't Talk to the Insurance Company First - Talk to a Peoria Personal Injury Attorney" »

Those who have suffered serious personal injury or who have lost a loved one in a wrongful death will often try to make the insurance claim on their own. Far too often, people believe that the insurance company will deal honestly and fairly with them if they make a claim. However, it is important for people to understand both the risks and benefits of making an injury claim against an insurance company without the help of a lawyer.

Not every injury victim that wants to make an insurance claim against a negligent driver needs to hire a personal injury lawyer. We expect that the best Scottsdale personal injury lawyers will always be honest with people and explain to them that there is no law requiring that an attorney help them in making an insurance claim.

Making an insurance claim can some times be as easy as notifying the insurance company of an accident, providing them with the information, and providing them with the details of the injuries or damages that were suffered. After that, a settlement may be obtained.

Continue reading "Can a Scottsdale, Arizona Insurance Claim Lawyer Help Me?" »

Many people understand that they need to have sufficient evidence in order to have a chance to receive fair compensation for their serious Scottsdale, Arizona personal injury claim. Some people believe that the insurance company will deal with them fairly as long as they provide certain evidence. Well, on the one hand that is true. At least it is true that you can count on the fact that if you have not collected all of the evidence you need to prove your claim, the insurance company is very unlikely to deal "fairly" with your case. It is probably then a leap of faith to believe that even if you have secured all of the necessary evidence that you can count on the insurance company to deal fairly with you in every case.

Insurance companies are for-profit businesses. There is absolutely nothing wrong with this. We expect companies to work towards making a profit. People who buy stock in the insurance companies expect those companies to do everything that they can in order to make that profit. However, the profit the insurance companies make far too often come at the expense of people who have suffered very serious personal injury cases and who will never return to the life that they had. Far too often, people who have lost loved ones in an accident that was caused by somebody else do not receive a fair settlement offer because the insurance company is hoping that they can increase their profit margins.

It is for this reason that the collection of evidence can be so vital. Many people are extremely uncomfortable with taking photographs of an accident scene. However, it is important to make sure that anything that can be photographed is photographed in order to preserve the evidence. Please refer to our next blog post for Part Two of this topic and to learn more about what kinds of evidence you can gather to help bolster any potential injury claim you may make.

If you’ve been badly injured in a car accident in Tucson, Phoenix, or anywhere else in Arizona, one of the side effects you may be experiencing is lost wages. To deal with this issue, you need to make sure you contact an Arizona car accident attorney with a highly successful track record.

When you’re injured and not able to work, you are entitled to full compensation for all of your lost wages and benefits. In addition to that, you are also entitled to compensation for any future lost wages that you may deal with because of your inability to work at the job you once held.

But, in order to get this compensation, you need to have a highly skilled and experienced car Tucson accident attorney on your side. A skilled attorney will know how to get full documentation of your claims through doctor’s notes, past earning reports, tax returns, consultations with a vocational rehabilitation counselor, and information from an economist about your projected future earnings.

If you’ve been badly injured – or your loved one has been killed – in a car accident in Tucson, Phoenix, or anywhere else in Arizona, please feel free to contact us. We have extensive experience with significant wage loss claims and we can help you put together a plan for receiving full compensation for lost wages.

Too many people are quick to blame children in cases where a child wanders into a pool and drowns. Why people are surprised that kids wander is beyond us. But as Flagstaff, Arizona personal injury attorneys, we see this attitude time again.

Perhaps an adult should have kept a better eye on the child; or perhaps the pool owner should have done a better job of ensuring the pool was safe. However, it is unnecessary to blame the child when these kinds of accidents do occur.

In cases of drowning accidents, it can be overwhelming for the family to determine whether or not to file a personal injury lawsuit. The fact of the matter is that a lawsuit isn’t going to undo the tragedy and it may not be an appropriate choice for every family.

Continue reading "Flagstaff Personal Injury Attorneys Provide Information on Drowning Accidents" »

In Maricopa County and throughout the State of Arizona, the most common kind of drowning accident involves children in neighborhood swimming pools. In many of these cases, the tragedy was caused by a lack of proper security measures or supervision. At public pools, drowning accidents can occur when there is no lifeguard or an ill-trained lifeguard on duty. We also see drownings happen on our waterways in boating accidents. Either there was drinking or unwise behavior involved, or no life vests on the boat. What’s most unfortunate about these drowning accidents is that they are wholly preventable.

When these accidents do occur, the victim’s family may have the right to file a wrongful death claim against the negligent party. Just because that right exists, though, does not mean that it is the best decision for every family. The best advice we can give to families in the midst of such a situation is to consult with a wrongful death lawyer in Maricopa County who has experience with drowning accidents.

Continue reading "Should I Hire a Maricopa County Drowning Accident Attorney?" »

According to Arizona law a personal injury lawyer is not required to bring a personal injury claim. Before filing a lawsuit, an insurance claim is normally the first stem towards trying to obtain fair compensation for any personal injury claim. Though filing an insurance claim can be down without a lawyer, it is not always the best idea. Sometimes it will work out just fine, but other times it will lead to disaster.

For people who have suffered minor injuries in an auto accident or other accident that was not their fault, hiring a lawyer may not be necessary. As experienced Phoenix personal injury attorneys, we believe that when an injury is not too serious it does not justify hiring a personal injury lawyer.

When injuries are permanent or very serious, or in cases where medical expenses and lost income result because of the injury, injury victims and their families should consider hiring a personal injury attorney. When an injury affects a person’s life forever, not hiring a personal injury lawyer can be a serious mistake. When people suffer great financial losses due to a permanent injuries or loss of loved ones because of an accident that was not their fault, not receiving financial compensation for these injuries only adds insult to injury.

Continue reading "Do I Need a Lawyer to File a Personal Injury Claim?" »

Most often, people looking for a topnotch car accident attorney in Scottsdale think only about finding the best personal injury lawyer for them, which is what one ought to do when pursuing any personal injury claim. This is the only chance for an injured person to obtain justice, so finding a lawyer with the right personality type and attitude, a sense of justice for the injured person’s needs, and one with excellent credentials is imperative. Yet despite the focus on finding the best lawyer one can find, some may wonder whether personal injury lawyers will always work in the best interests of their clients, regardless of what may happen in an injury accident claim.

As veteran injury lawyers, we can speak from personal experience. Just as our clients struggle to overcome obstacles regarding their injuries, they also deserve someone who will fight for their rights in an accident injury claim. We are not afraid to take a personal injury claim to court, regardless of the odds against us. Some other personal injury lawyers may quit on their clients, but we feel justice is worth the fight. Besides which, whenever a personal injury lawyer drops a case or backs down from a fight, both the Arizona insurance company against which they were battling and the insurance industry as a whole see this. Insurance companies know which personal injury lawyers will fight and which ones will do anything they can to avoid a personal injury claim from going to trial.

Continue reading "Are There Occasions When an Auto Accident Attorney Can Fire a Client?" »

As experienced Tucson injury attorneys, we have experienced the advantages and disadvantages when bringing in witnesses to testify. Some of our clients’ cases were won because someone who saw what happened willingly showed up and told the jury what they saw. We have also had clients that did not receive justice because witnesses that observed an accident were either unwilling to testify or could not be found.

Witnesses play multiple roles in serious personal injury cases. Some witnessed the actual accident occur and can shed light on how an injury happened. Many times when there is a car accident or other motor vehicle accident, people will pull over to help. Others simply pass on by. When a Good Samaritan that saw what happened pulls over and helps, and then provides their name to the police, it is more likely that justice will be achieved in the future for a person injured in the auto accident.

These types of witnesses are not the only important ones. Friends, family, neighbors, co-workers, and others who observe how the seriously injured person’s life is affected by injuries can offer powerful testimony in personal injury trials. They are witness to the pain and suffering of those dealing with severe injuries from an auto accident or other type of personal injury that was not their fault. It is important when a personal injury claim goes before a jury in Tucson, Phoenix, Flagstaff, or elsewhere in Arizona for the personal injury victim to have people who can provide succinct and truthful testimony about what the injured person has been through.

Jurors may not believe an injured person’s testimony only, as they know that the person who files a personal injury claim is biased. Yet if friends, neighbors, family, co-workers, and others can bolster an injured person’s claims, it will strengthen the personal injury case.

For any questions about what witnesses may be able to do in a personal injury claim, or if you simply want some answers about your potential claim from a knowledgeable personal injury attorney, please contact us. We will give you an honest evaluation of your claim.

Those who operate public pools, and those who own pools, have certain safety regulations, codes, and laws they are required to follow for the safety of others. When these laws are not followed, and people drown – tragically and far too often children – there is an accountability that must be faced up to by the negligent party.

Certainly, it is easiest to simply blame the victim of drowning. But when a victim is child, can the child really be blamed? Also, many will raise the point that a lawsuit after a drowning accident will accomplish nothing. Well, that is highly questionable. First, if the lawsuit can serve as a deterrent to others and prevent them from negligently operating their pools, that in and of itself can save lives.

The publicity that comes from drowning verdicts can further be a deterrent and a reminder to pool operators and that can save lives. Moreover, for the family that has been torn apart by a drowning tragedy, having some measure of justice may accomplish something very real to allow that family to move on in whatever different way it is going to be able to move forward. Certainly nothing can undo the horrendous tragedy, but some justice may be of some well-deserved consolation to the surviving family members.

If you or anybody you know has questions about the legal process involved after a drowning or near drowning incident, please do not hesitate to give us a call at Breyer Law Offices, P.C. Our Arizona swimming pool accident attorneys will be happy to provide you the answers that you need so that you can decide whether it is, or is not, in the best interest of the family to move forward with litigation. However, you deserve honest answers before making that decision.

The best Arizona personal injury attorneys also happen to be some of the most honest people you would meet. In fact, the top ten car accident attorneys in Arizona are also very honest. Yes, despite many people’s preconceived notions, the most respected and most highly regarded Arizona accident injury lawyers are honest. The fact that the best personal injury lawyers are also honest surprises many people in Arizona, which is unfortunate.

We strongly believe that the best lawyers are intrinsically honest in their dealings, especially when it comes to their clients. The best lawyers in Arizona need to tell their clients the truth, regardless of whether the news is good or bad, and their honesty is part of what makes them top personal injury lawyers.

It is easy for a personal injury attorney to sell themselves to a potential client, and easier still to gain a new client just by saying what that person wants to hear.

We do not believe the best Arizona personal injury lawyers do that.

Continue reading "Can You Find an Honest Arizona Auto Accident Attorney?" »

My experience as a certified specialist in Arizona injury and wrongful death law has given me the opportunity to help a number of people who suffered a variety of serious injuries due to someone else’s negligence. The first thing that normally occurs after a serious injury is that the injury victim is taken to the hospital, often by ambulance, or in some cases via helicopter. Documentation in any personal injury claim thus begins right at the accident scene. First responders take note of any injuries or conditions that they observe. Personal injury victims are then further evaluated in the ambulance or helicopter by emergency medical technicians. Once the injured person arrives at the hospital, medical providers take more notes. Within the first forty five minutes after any very serious accident, having three sets of notes and observations of the personal injury victim is not unusual.

Beyond these initial observations, medical records and observations of the injury continue to be made. Medical providers always try to document fully and accurately medical conditions, yet sometimes they are recorded inaccurately. This can be due to a number of factors in any accident, but can include how busy the doctors are, communication problems between the injured person and medical personnel, inaccurate memories when recording notes, time lapse between when the doctor saw the injury victim, and a whole host of other factors.

Continue reading "Discussing Accident Claims and Medical Records with an Experienced Arizona Personal Injury Attorney" »

“If it isn’t written, it didn’t happen.” Every personal injury claimant should consider this statement. We often use it in our office. The statement, at its root, is of course not true, as many things occur that were not written down. We also know that many other things that are written were written down inaccurately.

It is an unfortunate truth that Arizona personal injury cases are not based on the truth. They are instead based on facts, but are rather decided upon evidence. Evidence is not necessarily accurate, and it may not even reflect what actually happened.

For this reason, anybody that considers filing a personal injury claim should also seriously consider keeping a diary, though it is best to speak with an experienced Arizona personal injury attorney to guide you in this decision. There are definite risks in keeping a diary. They need to be kept accurately and consistently, including certain types of things that a personal injury lawyer may wish to deal with in trial. Yet there may also be advantages to not keeping a diary.

Continue reading "Arizona Personal Injury Lawyer Encourages Injured Claimants to Use a Diary" »

As a specialist certified by the Arizona State Bar in personal injury and wrongful death litigation, I am surprised at how many people trust the insurance company for the driver that caused the accident, yet distrust a lawyer that they hire. More specifically, people often refuse to even consider hiring a personal injury attorney. Instead, many attempt to handle an accident injury case on their own, and end up speaking directly to the insurance company representing the person that caused the injury.

Now, I understand that I am an attorney that deals in Arizona personal injury law, and so realize my own bias when I write about trusting a personal injury lawyer before trusting the other side’s insurance company. Yet I also know that I help people who are hurt due to someone else’s negligence.

But the reason we bring this up is not to plug our Arizona personal injury firm, or even myself as a personal injury lawyer. Yes, we do pride our efforts in fighting for our clients. Further, we know that we deal in a straightforward manner with our clients and are always honest with them so that they know what lies ahead. But as experienced personal injury attorneys, we also know how to protect our clients from making mistakes that might jeopardize their claim. We understand that it is neither about our firm nor is it about our top notch personal injury lawyers, but about having experienced legal representation when speaking with an adverse insurance company about a personal injury claim. And the more serious the personal injury claim, the truer this is.

Continue reading "Do Not Talk to the Other Person's Insurance Company Before Talking to an Experienced Personal Injury Attorney" »

1. Insurance companies always try to do what is fair and just, and are not just focused on profit or their bottom line.
2. When their client is at fault, an insurance company will always admit it. They would never dream up ridiculous arguments to try to take the blame away from their negligent client, especially if the person injured was not at fault. An insurance company will, in fact, do an investigation so that the person injured by their client will be treated fairly, even if doing so involves admitting fault and accepting total responsibility.
3. Insurance companies never would deny that the people they insure did not cause an injury when they were negligent in a car accident. Insurance companies are far too moral to blame pre-existing conditions to avoid paying your claim in full. And they certainly would never hire doctors who would try to deny that it was their client that caused an injury.
4. An insurance company would never attempt to short change a payment to a person injured due to the negligence of someone they insure and, in fact, will always agree to settle amicably with the injured party for full and fair compensation. The insurance company will never make an injured person go to extreme lengths to prove how the injury affected his or her life, and will readily offer to pay every penny that is deserved in compensation.
5. Insurance companies will admit exactly how much is available to pay a claim. An injured person never needs to worry that the insurance company will deny that other insurance policies exist that can also be claimed against. Insurance companies are very helpful, and will readily share information about other insurance policies the negligent party holds with them that are available to claim against.

Continue reading "Five Reasons to Not Hire a Top Personal Injury Attorney to Aid in an Insurance Claim after an Accident that Results in Injury" »

Top Arizona auto accident lawyers explain to their clients the uphill battle that is often faced in today’s anti-plaintiff climate. There has been so much misinformation and insurance company advertising and propaganda against honest and serious personal injury claims, that overcoming the preconceived notions of many jurors can be difficult. This is why it is so important to make sure that every injury that is suffered is documented as soon as possible after an accident.

Many people make the mistake of not following up with their doctor when they are in pain following an auto accident because they think they will “get better.” Well, of course you should hope to get better. In fact, there is a very good chance that you will “get better” and will not have needed to go to that extra doctor or to get that extra documentation.

However, the best personal injury lawyers do everything they can to insist upon their clients getting to medical providers and following up as much as possible to eliminate anybody later claiming that they did suffer the injuries that they did in fact suffer. In fact, the real danger is in the situation where an injury, though apparent, does not seem to be as serious as it turns out to be. For instance, it is not unusual for people to suffer shoulder pain and discomfort immediately following a serious car accident. Usually that shoulder pain will resolve on its own. However, what happens to the person who waits a month to follow up with their medical provider and it turns out that the reason they have been unable to move their arm is because they had a rotator cuff tear? What about the person who suffers a torn labrum after a car accident and they fail to follow up with the doctor immediately following the accident and in the days and weeks that follow? What happens is that very often the insurance company for the driver who caused the accident will use that delay in treatment to claim that it was not the car accident that led to the serious shoulder injury.

Continue reading "Have You Proved an Arizona Personal Injury Case?" »