July 3, 2009

U.S. Auto Accidents Attributed Mostly to Driver Negligence

A disturbing statistic was published recently in an article regarding the quantity of people who die as a result of automobile accidents daily. 110 people per day are killed on our roadways. This does not include those who suffer severe and debilitating injuries as a result of auto accidents in Phoenix and other American cities.

Considering that most auto accidents are caused by negligence, what can be done to limit these tragic accidents?

Arizona auto accident lawyers do not just help one individual receive compensation. Even in the case of Phoenix fatal auto accidents, lawyers help families receive not just money or peace of mind, but justice.

More importantly, car accident lawyers help save lives. If drivers understand that their financial interests are at stake when they’re negligent on the roadway, perhaps we can reduce the number of deaths on the highway in 2009.

Continue reading "U.S. Auto Accidents Attributed Mostly to Driver Negligence" »

July 2, 2009

Arizona Vehicle Accidents Cause Rotator Cuff Injuries

Insurance companies often deny claims for rotator cuff injuries after automobile accidents in Arizona. They point to published reports to show that the primary cause of rotator cuff injury is repetitive use.

As personal injury lawyers in Arizona, we go beyond legal aspects to understand the medical aspects our clients confront. All skilled Arizona car accident attorneys see accidents where there is an outstretched hand or movement of the arm that causes a rotator cuff tear by injuring tendons. With specialized knowledge we can demonstrate the injury’s cause.

The same applies when an insurance company continues to deny the obvious. Information has been shown to juries to demonstrate that when a rotator cuff tear occurs in claimants under 60 years old, the injury is likely caused by trauma. In those cases, it becomes much easier to correlate the injury to the underlying accident.

It is not surprising to see claims denied for rotator cuff injuries. In fact, it is not uncommon to see any claim denied. It is the job of an experienced Phoenix personal injury lawyer to ensure fair compensation is awarded to the person who has a right to recover money damages for losses suffered as a result of somebody else’s negligence.

It is unfortunate that retaining a lawyer is necessary. However, in most situations, a rotator cuff tear is likely to be disputed. A personal injury lawyer has the only realistic shot at receiving full and fair compensation.

July 1, 2009

Most Common Cause of Head Trauma Leading to Vision Loss: Car Accident

According to a report, car accident injuries are the most common cause of head trauma leading to vision loss in this country. More than a million Americans experience vision problems following a head injury. How can one who has suffered vision loss expect to win justice?

Because we do not regard vision loss as a common result from a traumatic head injury in Arizona, anyone who is sued because of purported vision loss after a crash will be skeptical. Even when vision loss was suffered as a result of a head injury in a Phoenix car crash, an insurance company could deny the claim hoping that a jury will be unconvinced.

But Arizona law does not only compensate people who suffer “expected” injuries. Arizona law allows compensation for all claims, according to The Master Guide to Handling Injury Cases in Arizona. In fact, Arizona uses what is known as the eggshell skull rule. This means that if a victim had a predisposition to a particular health problem, such as hemophilia, and they are involved in an accident that complicates the problem, the negligent party is responsible for the harm caused.

If the carelessness of one driver in Arizona causes injury to another, the negligent driver is liable. Often, insurance companies try to avoid liability. It takes an experienced lawyer to manage all aspects of personal injury claims in Arizona and present the best opportunity for full and fair compensation for all injuries, not just “typical” ones.

June 30, 2009

Arizona Bus Accidents Could Be Prevented With Seat Belt Installation

We cannot let the bus industry change the debate. Analyzing the website of one bus industry association, it is clear that they support bus safety in a way that suits their goals. But too many people suffer injuries in bus accidents in Arizona for bus safety to be about framing a question.

We commonly see preventable injuries because negligent bus drivers fall asleep at the wheel, were not physically able to drive, or drove carelessly. So the question of whether seatbelts should be installed in buses ought to be answered with a direct yes or no question.

However, the bus industry clearly wants to avoid a direct referendum. Why? Seatbelts are proven to save lives. Riders would be less likely to suffer serious injuries due to bus driver and busing company neglect if seatbelts are installed and it’s true that installing seatbelts will cost money, but isn’t that worth the lives it may save?

There’s not necessarily a clear answer. But what is clear is that installing seatbelts in buses is a good idea. There would be fewer Arizona personal injury claims related to busing negligence if we had seatbelts.

Undoubtedly top personal injury lawyers in Arizona would not have to help as many families who have been devastated from Phoenix bus accidents if seatbelts were installed.

Let the busing industry show that this isn’t true. No matter how we frame the debate, it deserves lucid discussion.

June 29, 2009

Car-Related Injuries Include Pick-Up Truck Beds

Rollover accidents in Arizona cause a lot of cases injury attorneys see. However, we'd like to warn all drivers to avoid allowing passengers in the bed of a pickup truck. The bed of a pickup truck is a very dangerous place. Yet far too often we see passengers in the back of a moving vehicle.

Unfortunately, nearly 28,000 people die every year by falling against or from a vehicle, according to a report. Even allowing children in the back of a parked pickup truck can be dangerous because it’s easy for them to fall over the truck’s side, causing terrible, preventable injuries, and even wrongful death.

When truck bed passengers are rear-ended and hurt, arguing that it’s not the truck driver’s fault does not erase children's injuries in Phoenix.

But some would argue that allowing anybody to sit in the back of a truck-- moving or not – is negligent. We can avoid these injuries by simply prohibiting riding or playing in the bed of a pickup truck.

When someone is injured in a truck accident, legal issues and potential defenses are raised that cannot be sorted out in one article. It takes an experienced Phoenix personal injury lawyer to explain in the ramifications of injuries suffered to the person and family involved. The reality of who is likely to be found negligent in such a situation, or how the negligence would be divided, is a very fact-intensive question requiring a case-by-case review and skilled Scottsdale truck accident lawyer to explain.

June 26, 2009

Compensation Calculator Not Enough to Determine a Claim

Is there a formula for determining how much can be won from an insurance company after injury in an auto accident? Are you wondering if you can simply multiply the medical bills by two or three and then make the claim? Or is there some kind of a schedule for compensation after automobile accidents in Arizona personal injury cases? The answer is: No.

Therefore, though I am a certified specialist in Arizona wrongful death litigation, I question reports that provide a “compensation calculator.” While I cannot speak as to how every system works, I find it unreasonable to think that a formula exists for injury claim payments.

In workers’ compensation cases, payment schedules exist. But workers’ compensation in Arizona involves a different set of rules. According to Arizona personal injury law, the value of a claim is the fair and reasonable compensation owed to the person who was injured and is to be decided by a jury or settled based on what a jury would do.

Obviously, physical injury is a key component. Many crucial factors affect the value of an individual case for the matter to be determined by a compensation calculator. Much depends on the county where the accident occurred. It takes a skilled Phoenix personal injury lawyer to know a case’s value in a particular county. A Pima County jury may not award the same amount as a Maricopa County jury for a certain accident or injury.

When and where the accident happened, who was involved, what evidence exists and many other factors add up to the value of a case. Don’t leave your fate in the hands of a compensation calculator. Call Breyer Law Offices, P.C., today for a free evaluation of your case.

June 25, 2009

The Psychological Effects of Physical Injuries

How does one cope with severe emotional or psychological trauma after an auto accident in Arizona? Can claims be made for a person who also suffers psychological harm following serious bodily injury?

These claims are frequently considered unimportant. Even lawyers are quick to discount the impact that mental distress has on the lives of injury victims. This is not a case of whiplash in Phoenix or the barely hurt driver who reports depression as a result of inactivity. However, experienced personal injury lawyers in Arizona should not discount the emotional trauma of the incidents.

They should not overlook the importance to a jury that while physical injuries are clearly a priority after auto accidents in Arizona, traumatic injuries leave invisible scars, according to an article published by Mark D. Rusch, associate professor and rehabilitation psychologist at the Medical College of Wisconsin. Before criticizing, consider Rusch’s discussion of the emotional effects that nearly always follow physical injuries.

It takes a skilled advocate to prove an injury that is not easily displayed like a broken bone. There’s no X-ray for emotional trauma. So claimants who have suffered physical harm must ask important questions and make sure they have the right lawyer. Get the answers you need from an Arizona personal injury lawyer to help you obtain fair compensation for emotional losses, too.

June 24, 2009

Arizona Traumatic Brain Injury Victims Need Help

After suffering a traumatic brain injury (TBI), victims face serious barriers. Few people truly understand the ramifications of head trauma. In the media, those who suffer brain injuries either die or become disabled and no longer speak or live like they did before the injury.

In reality, those who suffer traumatic brain injuries, according to the National Institute of Neurological Disorders and Stroke website, often regain some semblance of a regular life. Victims of head injuries often need surgeries for hematomas (ruptured blood vessels) or brain contusions (bruised brain tissue). The disabilities that result from TBI depend on the location in the brain of the injury, age of the victim, and other factors.

After suffering a severe traumatic brain injury, most do not call a personal injury lawyer. But like any other accidental injury, a determination must be made. Particularly when a person gets back to a degree of normalcy but cannot work, it’s necessary to establish cause. But victims may not be equipped to decide whether or not a skilled Phoenix accident lawyer can win damages or provide better care than is possible otherwise.

This is why we feel strongly about contacting experienced Arizona personal injury lawyers. Unless the family of the injured person is there to help, or a medical provider, neighbor, or friend recommends a lawyer, the chance to receive better care and live a better life after the traumatic brain injury is lost.

June 23, 2009

Arizona Citizens Included in 1,239 Construction Workers Who Died In 2006

Why do so many people need Arizona construction accident attorneys? According to a government report, construction is one of the most dangerous jobs in the country: construction-related accidents killed 1,239 people in 2006.

Consider the ramifications of serious injury or wrongful death at a construction site. In most cases, the family is grieving because of what may have been a preventable accident.
Beyond the severe emotional trauma to children, spouses and parents, consider the wages lost and all the people who rely upon the hard work they perform. Consider loss of a house, inability to pay bills, changing schools, and maybe even moving to a completely different area after an unnecessary death.

Moreover, too many people who suffer tragedies at a construction site do not even realize they’re entitled to bring a personal injury claim. This is one reason families of those seriously injured or killed, should consult with a top construction accident injury lawyer in Arizona to understand their rights.

Not every serious injury or death demands a lawsuit or an insurance claim. But families should be informed. This is the first vital step to making the best decision for your family.

While we can't speak for all experienced personal injury lawyers, we understand the importance of providing information. We have an open door policy for families touched by construction accidents. We provide families and workers with information at no charge. We help you decide whether to hire a lawyer and what kind, and what type of claim to pursue.

June 22, 2009

Speeding Kills Mesa Man

Many personal injury cases in Arizona occur when a driver speeds and causes an accident.

According to a recent report of a fatal truck accident in Mesa, Arizona, a driver traveling a high rate of speed was thrown so far he was not found for hours.

Nobody deserves to die because of excessive speed. However, there is a lesson in this and in many Arizona traffic accidents. Too many personal injury claims are filed due to a victim’s inability to work, pay bills, or go on with life. We’re amazed to see victims vilified for pursing fair compensation for injuries received in an accident. Too frequently, selfish people travel too fast; worried only about their next stop and not their safety or the safety of other drivers they share the road with.

Perhaps we should not be lecturing others. Perhaps the job of an Arizona injury attorney is only to help clients make insurance claims to receive money. Perhaps “pain and suffering” is just the punch line to a joke to some. If Arizona drivers would simply be more careful, far less suffering and far fewer lawsuits would arise.

We would be very happy to see the day where accidents and serious injuries no longer exist or require a skilled Arizona truck accident lawyer. We would be very happy to see far fewer families devastated because of unnecessary speeding by negligent drivers. Please, next time remember this terrible tragedy and slow down.

June 19, 2009

Discount Accident Lawyer Agreements

We are not discount personal injury lawyers. We do not discount our fee in almost any case at the outset of the claim. For somebody who is looking for a discount lawyer, we encourage them to look around because it will not be hard to find one. However, people should understand why we refuse to discount our fee. We believe we provide the best possible service we can to our clients. We truly believe there is a "BREYER LAW DIFFERENCE" that we provide to our clients. With Mark Breyer as one of only about 200 lawyers in the entire State of Arizona (there are about 20,000 total) who has been certified by the State Bar of Arizona as a certified specialist in injury and wrongful death, we believe we have the reputation and accolades to back it up. The reality is that not all lawyers are the same. This is in no way an attack upon lawyers who choose to offer discounts, nor an attack on the people who chose to hire them. However, understand that this is not like buying a bar of soap. Everything is not equal. The settlements obtained are not equal. The jury verdicts obtained are not equal. If you are offered "discount heart surgery" or "greatly reduced brain surgery, 25 percent discount" would you go there? Of course not. You would question the doctor whose skills were such that they had to reduce their fee.

For anybody who would like to hire the Breyer Law Offices but they are concerned about the fee, which is the standard 33 percent fee that is charged by almost every lawyer, not a discount one – please feel free to give us a call. We believe that the difference between our firm and many others will become readily apparent. We believe that based upon our years of experience and the fact that, year after year, one of our biggest sources of new cases are current and former clients who repeatedly give out our name.

June 17, 2009

Obtaining Medical Care Without Health Insurance

Unfortunately, health insurance is not available to everybody at all times. Therefore, many times people who have been seriously injured in a car accident in Phoenix or other incident need medical treatment but they don't have the money to get it. Of course, the emergency room and immediate hospital treatment to keep them alive and to take care of the urgent matters will be taken care of, but then they have large medical bills. In fact, medical bills, according to some reports, are the cause of more than half of all bankruptcies in the United States. Moreover, even forgetting the financial ramifications, what is someone supposed to do if they need to get to a doctor and they have no money to pay the doctor and they have no insurance?

First, sometimes there is insurance available that they did not have through the state. In Arizona this is called AHCCCS. However, when that is not available, it is important to find a lawyer who can get the person to a trusted well-respected set of physicians to treat them on a "lien." Not any doctor who will treat on a lien qualifies, in our opinion. Sometimes, there may be doctors who will be great for the "legal case" but are not great at taking care of their patients and providing the best medical care possible. The real goal is to get a lawyer who understands the importance of making sure that the personal injury plaintiff – the client – gets better and gets the best possible medical care. In addition, to get the best possible medical care now, when it is needed, and find a doctor who is willing to wait, this is something that can be obtained in most situations. Therefore, for someone who has been seriously injured and needs medical care but they do not have access to doctors and they do not have health insurance, sometimes it is required to find a trusted well-respected personal injury lawyer in Arizona to help them get the care they need.

June 16, 2009

Mesa Car Accident and Personal Injury Attorneys

Mesa is a suburb of Phoenix located in Maricopa County. The history of Mesa goes back two thousand years to the arrival of the Hohokam people who built the original canal systems, which were the largest and most advanced during its time. Mesa has come a long way since then as the third-largest city in Arizona with a reported population of 460,155 in 2006. Several area freeways serve the Mesa area, such as U.S. Route 60, which runs between Phoenix and Apache. As one of the United States’ fastest-growing cities, Mesa is unfortunately not immune to auto accidents occurring and various other incidents that can cause personal injury.


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Mesa’s personal injury attorneys at Breyer Law Offices P.C. help victims of injury as the result of an accident that was directly caused by the negligence of another person or indirectly by someone else’s property. Since 1996, Mark and Alexis Breyer’s husband and wife law team have worked hard to assist their clients with getting the best possible compensation for their personal injury case, whether the incident was caused by a construction accident, brain injury, dog bite, work related accident, or a car accident in Mesa. Considering our history of operating in the area, we have a solid familiarity with local courts, judges and district attorneys that provide our clients the Mesa personal injury and auto accident representation and consul they need to assure a positive outcome in their case.

At Breyer Law, our Mesa auto accident lawyers have the resources and knowledge to make sure that high and low profile auto accident cases are resolved professionally and in a timely manner. Our broad experience in personal injury and wrongful death lends assistance to those who have been injured in Mesa motorcycle accidents, truck accidents, car accidents, bike accidents, bus accidents and many other incidents caused by the negligence of others. At Breyer Law, we will exhaust every possible resource to protect the rights of you and your family so that compensation for any medical bills, hospital treatment, loss of work, or wrongful death is justly accounted for by negligent parties.

At Breyer Law Offices P.C., we’ve seen just how emotionally straining legal matters can be for our clients and their loved ones. If you or someone close to you has suffered personal injury due to another person’s negligence in Arizona, you need a skilled Mesa Arizona personal injury attorney at Breyer Law. Alexis Breyer and her husband and partner Mark Breyer are ready to develop an aggressive case to help you get the restitution that you deserve. Call Breyer Law Offices, P.C. at 480-753-4534 today.

June 16, 2009

How Long Does It Take For A Personal Injury Case To Settle?

Many people want to know how long it will take to settle a personal injury case if they hire the best Arizona personal injury lawyer they can find. In fact, as a certified specialist in injury and wrongful death litigation, I am regularly asked by people how long their case will take. Unfortunately, how long a case will take depends on more factors than I could possibly list at this time. However, when we can even start to try to settle a personal injury case usually has one main component. That is, how long until my client who has suffered a serious injury is completely better or they have gotten as much better as they ever are going to get medically. We almost never encourage our clients to settle a case until they have gotten completely better or the doctors have told them they have reached the point where they will not improve any further. The reason is that the plaintiff has the "burden of proof" in proving their case. More importantly, there is only one chance to settle a personal injury case. Therefore, if a case is settled and immediately after the settlement a client realizes they need surgery from the accident, there is no opportunity in personal injury law to go back and get that paid for.

This is very different from Arizona workers' compensation claims. In those cases, a case can be reopened. There is no such reopening of a case in a personal injury situation. Therefore, until our clients have gotten completely better or have reached the point where they are as good as they are going to be, we almost never encourage them to settle. We want to make sure every single medical bill is paid for by the other side, we want to make sure everything they have gone through and all of the damages they have suffered are compensated for by the other side. Rushing too quickly into a settlement may sound good and there may be lawyers who encourage their clients to do that so that they can look like a "hero" in getting the case resolved quickly. This can be a terrible mistake. They can have terrible, life-affecting consequences for someone who later needs medical treatment that they could have had paid had they simply had a lawyer who was honest and advised them to be patient and wait for the right time to try to settle their case.

June 12, 2009

Tempe Car Accident and Personal Injury Attorneys

Tempe is a city in Maricopa County, Arizona located in the East Valley of the Phoenix Metropolitan Area. The city is bordered by Phoenix and Guadalupe on the west, Mesa on the east, Scottsdale on the north, and Chandler on the south. Tempe is home to several great performance venues including Gammage Auditorium and the Tempe Center for the Arts.


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With a 2007 population of 174,091 and as the most densely populated city in Arizona, Tempe’s residents and visitors are susceptible to personal injury caused by a number of incidents such as car accidents, construction accidents, slip and fall accidents, and pedestrian accidents. Fortunately, Tempe personal injury attorneys at Breyer Law Offices P.C. help victims of injury as the result of an accident that was directly caused by the negligence of another person or indirectly by someone else’s property.

Since 1996, Mark and Alexis Breyer’s husband and wife law team have worked hard to assist their clients with getting the best possible compensation for their personal injury case. Considering our history of operating in the East Valley area and throughout the State of Arizona, we have a solid familiarity with local courts and judges and can provide our clients the Tempe personal injury and auto accident representation and consul they need to increase the likelihood of a positive outcome in their case.

At Breyer Law, our Tempe auto accident lawyers have the resources and knowledge to make sure that auto accident cases are resolved professionally and in a timely manner. Our broad experience in personal injury and wrongful death lends assistance to those who have been injured in Tempe motorcycle accidents, truck accidents, car accidents, bike accidents, bus accidents and many other incidents caused by the negligence of others.

At Breyer Law, we will exhaust every resource to protect the rights of you and your family so that compensation for any medical bills, hospital treatment, loss of work, or wrongful death is justly accounted for by negligent parties. For a free and confidential evaluation of your Tempe auto accident or personal injury case, call Breyer Law Offices, P.C. at 602-978-6400 today.

June 11, 2009

Construction Worker Crushed to Death

According to this report, a 66-year-old construction worker was killed when he was crushed by a piece of machinery. Law enforcement officials investigating the accident say that the construction accident death occurred around 9 a.m. at a construction site for condominiums. Personnel from the Occupational Safety and Health Administration say that the man was crushed by the end of a concrete pump attached to a crane. At this point in the investigation, it is unclear whether the concrete pump fell from the crane and crushed the man to death or the pump swung and hit the man as it was being hoisted into position to pour concrete.

Construction workers in Arizona face similar risks on the job. When one is injured or killed, an experienced Tuscon construction accident attorney such as those at the Arizona personal injury law firm of Breyer Law Offices P.C. may be able to help. Their lawyers can help families through this very difficult time and explain their options so that they may make decisions based on what is best for them. If a member of your family has been injured or killed in a construction accident, don’t be pressured to sign documents that you don’t understand. Contact the experienced Arizona construction accident lawyers at Breyer Law Offices P.C.

If a member of your family is hurt or killed in a crane accident at a construction site in Arizona, the skilled construction accident lawyers at Breyer law Offices P.C. may be able to help. To schedule a free consultation with the experienced Arizona construction accident attorneys at Breyer Law Offices P.C., call them today at 602.978.6400.

June 10, 2009

Construction Site Crane Accident Kills One Worker

In the aftermath of a construction accident when a loved one has been injured or killed, the last thing on families’ mind is contacting an experienced Tuscon construction accident lawyer. However, in such cases, the hours and days following the accident are crucially important as the victim’s family may be pressured to sign documentation that they do not fully understand. These documents often limit their options for compensation from those responsible for the accident. In many cases, construction accidents occur due to lax safety measures. If you or a family member is injured or killed in a construction site accident, contact the Arizona personal injury law firm of Breyer Law Offices P.C.

A 45-year-old worker at a road construction site was killed recently after he was hit by a pivoting crane. Law enforcement officials investigating the accident say that the man was part of a work crew building an overpass over a set of railroad tracks when a crane lifting a load of concrete pivoted and hit the man. The crane accident took place around 10 in the morning and the worker died of his injuries after being taken to the hospital, according to this article.

The cause of the accident remains under investigation and what caused the crane to pivot while lifting a load is not yet known. Construction workers in Arizona and other states face similar risks on the job every day. If you or a family member has been hurt or killed on the job at a construction site in Arizona, call the Arizona construction site attorneys at Breyer Law Offices P.C. for a free consultation at 602.978.6400. The experienced construction injury lawyers may be able to determine if there is a claim for personal injury as a result of the unfortunate incident.

June 9, 2009

Concrete Beam Crushes Construction Worker to Death

According to an article, work at a bridge construction site was halted after a worker was crushed to death by a concrete beam. According to investigating officials, the worker was tethered to the concrete beam when the beam collapsed and crushed him to death. After conducting an investigation of the construction accident death, officials said that the concrete beam collapsed because someone had welded couplers to a rod that held together a temporary brace. The welding weakened the rods to the point that they were no longer strong enough to hold the weight of the beam, which lead directly to the beam falling and crushing the worker to death.

Construction workers in Arizona face the very same risks on the job every day. If you or someone you care for is killed or injured at work in a construction accident, the Phoenix construction accident lawyers at Breyer Law Offices P.C. may be able to help with a personal injury claim, in addition to all the benefits allowed under workers compensation laws. With their skills and experience, these Arizona construction accident attorneys can help your family receive the compensation it deserves to offset the high costs of medical care and recuperation. Never sign a document that you do not fully understand. You could be forfeiting your right to compensation. Instead, call the Arizona construction accident law firm of Breyer Law Offices P.C.

Arizona construction workers working around cranes, heavy beams and other heavy equipment face similar dangers on the job every day. If you or someone you care for is injured on a construction site, call the Arizona welding accident lawyers at Breyer Law Offices P.C. today at 602.978.6400 to schedule a free consultation.

June 6, 2009

Arizona ATV Accident Brings Up Insurance Claim Issues

People are just too quick to judge. Riding in an ATV can be done legally and safely. However, all risks cannot be eliminated. As this article demonstrates, somebody on an ATV can risk suffering very serious injury or even death. This is a very sad article that shows the dangers of children who ride on ATVs.

However, when someone thinks of a child being killed on an ATV, the first reaction far too many people is to blame the parents. Or, in blaming nobody, to assume that this is just a risk that was taken. However, many times there was negligence by somebody else. Many times, this tragedy did not have to occur.

We are not suggesting that an Arizona wrongful death claim should be brought every time a child is killed in an accident. We are suggesting, however, that it is beneficial to get answers to these questions and find out what remedies are available that may deter other people from being negligent in certain situations that lead to the death of others. There is nothing wrong with making the decision not to pursue a wrongful death claim.

In many cases, even when there would be a very strong claim on behalf of the person who brought it for wrongful death – it should not be brought. It has to be the right thing for the family involved. Making no comment whatsoever on this particular accident, we do strongly believe that those who have suffered tragedy should at least gather the information by talking to an experienced Phoenix wrongful death lawyer in Arizona who is a good fit for them, their family, and their case so that they can make an educated decision about whether to pursue the case further.

At Breyer Law Offices, P.C., we have been helping families with wrongful death claims and personal injury accidents for over a decade. Whether you or a loved one has been injured or killed in an ATV accident, or an auto accident, we can answer your questions and provide quality legal counsel, and if it is necessary, represent you in court. Call 602-978-6400 today to speak with a skilled Phoenix personal injury attorney.

June 5, 2009

The Importance of Kids Getting Insured in Arizona

We try not to spend too much time attacking the media since it seems as if everyone has a bone to pick with the media. The reality is that we are Phoenix personal injury lawyers. We have had many cases covered by the media and we have been interviewed multiple times as a result of those cases and for our experience as personal injury lawyers. If you choose to become an injury lawyer, you better have a thick skin. Therefore, we do not waste much time talking about all of the ways that the media coverage gets things wrong when it covers wrongful death claims and serious personal injury involving children or adults.

Having said that, we do applaud this article for looking more in-depth and giving a positive message about getting kids insured throughout the state of Arizona. Making sure children have all possible insurance – not just health insurance but even good automobile insurance that would cover them in case of an accident – is fantastic. It is always nice to see an article that may actually motivate people. Hopefully, just this little bit of discussion that we can have will get this article in the hands of enough people that somebody will take action.

As Arizona child injury attorneys, we hope nobody is involved in a terrible accident and we certainly hope beyond words that no child is. But at that critical moment where kids are hurt, having the insurance that will protect them and get them the best possible medical care that may make a difference in their lives is so vital we cannot stress the importance enough. After any family suffers a tragedy because of an accident, a personal injury lawyer can do everything possible to try to undo the harm. However, having the best possible insurance beforehand can make things better for everybody involved and can greatly increase the chance of a complete recovery.

If you or a loved one has been injured in an auto accident in Arizona and have questions regarding your insurance, the experienced Phoenix insurance coverage attorneys at Breyer Law Offices, P.C., can help you receive compensation so you can get your life back on track. Mark Breyer is certified by the state bar of Arizona in injury and wrongful death law and can provide you and your family with the help you need. Call us today at 602-978-6400 for a case evaluation and free consultation.

June 4, 2009

Phoenix Pedestrian Accident Injures Man on Sidewalk

As this article points out, it can be very dangerous to simply walk along the city streets of Phoenix. A driver is now facing felony charges for not stopping after a pedestrian accident in Phoenix. The injured victim is being treated for life-threatening injuries for walking on a sidewalk. This is a sad fact that accident lawyers in Arizona see on a regular basis when it comes to pedestrian accidents.

Most people who are hurt when they are walking down the street do not know what rights they have. First, they obviously have a right to make an insurance claim in Arizona against the driver who hit them. If the driver who hit them has no insurance, or does not have enough insurance, most pedestrians do not realize that they have a right to bring a claim against their own automobile insurance coverage. Yes, we can repeat that; if somebody is not in their car at the time that they are hit and injured in a car accident while they are walking, their own uninsured motorist coverage and underinsured motorist coverage will almost always apply to protect them.

You do not have to be in your car to be protected by your Arizona automobile insurance policy in almost any case. Whether it takes a lawsuit against the person who caused the accident, or whether it takes a claim against someone's own insurance company after they were hurt, depends on many factors and requires the help of an experienced Phoenix insurance coverage lawyer.

If you or anybody you know needs an experienced lawyer or certified specialist in injury and wrongful death litigation because of an injury suffered as a pedestrian or in a car accident, please feel free to give us a call at Breyer Law Offices, P.C. Even if you haven’t decided to hire our firm or even another attorney, if you just want your questions answered so you can make the best possible decision after obtaining the answers to your questions, we are more than happy to explain to you what can and cannot be done in the pursuit of your claim. Call 602-978-6400 today for a free consultation with an experienced Phoenix personal injury attorney.

June 3, 2009

Arizona Car Accidents and ARS § 28-701: Failure to Control the Speed of a Vehicle

One of the most common citations we see after serious automobile accidents in Tucson is for ARS § 28 701. Basically, this is nothing more than a "catch-all" statute. It says that people must control the speed of their vehicle to avoid a collision. Well, anytime someone is almost in an accident, they obviously were not able to stop their vehicle before it collided with somebody else. However, it is important to recognize that while this may be upheld in a traffic ticket situation, 28-701 is often times not a vital part of any civil case.

For instance, the determination of the police officer as to who should get a ticket is almost never allowed into evidence in a civil case. Of course, the person who gets the ticket may have an uphill battle in terms of settlement, but the reality is that many times the statute really only matters when it comes to the traffic ticket.

This is not to downplay a traffic ticket issue, but to make clear that for a family who has had somebody involved in a very serious personal injury accident, the fact that they got the ticket should not rule out finding an experienced Tucson personal injury attorney to help them look into their case. It may be that the personal injury lawyers will investigate the claim and still explain that there is not any room to move forward. But usually, it will not be because of the traffic ticket, but because of all the evidence that is collected.

At the same time, far too many people fail to receive the full compensation they deserve for their medical bills and wage loss because they were intimidated by a traffic ticket. Traffic tickets are not admissible in Arizona personal injury cases almost all of the time, but you deserve to find out what your specific case presents. Contact the husband and wife law team at Breyer Law Offices, P.C., today for a free evaluation of your case. We have been helping personal injury victims receive deserved compensation for 12 years and can provide you with the information you need to know.

June 2, 2009

Arizona Full Coverage Insurance: Is it Enough?

We receive far too many phone calls from people who believe they have "full coverage" insurance on their car. If you look at any Arizona statute, there is no definition of full coverage. We have seen full coverage mean nothing more than the minimum limits allowed under the law, and we have seen full coverage mean every possible type of insurance that can be purchased. We have also seen everything in between when it comes to Arizona insurance company secrets.

Do not accept the fact that you have "full coverage" auto insurance. After a serious personal injury accident, you can find that the agent who sold you the "full coverage" insurance actually sold you a "bill of goods." In other words, in the effort to try to get your business, the insurance agent reduced the coverage you had but still told you that you had "full coverage." Then, when it's time to make the claim, the insurance adjuster (very different than the insurance agent and not trying to get your business but often trying to prevent you from receiving full and fair compensation for your injuries) explains to you that you do not have uninsured motorist coverage or underinsured motorist coverage, which you need to protect yourself when making a Phoenix automobile accident and injury claim.

If you find yourself in this position or you know someone who is making an insurance claim but they are being told that they do not have full coverage, do not accept this at face value. Immediately contact a skilled personal injury attorney in Arizona to find out if you actually have coverage that the insurance adjuster is denying.

At Breyer Law Offices, P.C., we have had many cases where our clients were told that they did not have uninsured or underinsured coverage but it turned out that the insurance company was required to pay because those coverages were still valid under Arizona law. There are many complexities to this, but the key is not to accept the word of the insurance adjuster just because they claim that you do not have the full coverage you absolutely need after a serious injury. Contact our Phoenix insurance coverage attorneys today for a free consultation and case evaluation. We will answer your questions honestly and provide you with the information you need.

May 30, 2009

Arizona Auto Accidents and the "Left Turn Statute" ARS § 28-772

Arizona’s “Left Turn Statute,” ARS § 28-772, prohibits somebody from turning left when there is a vehicle that is so close to them that it constitutes an immediate hazard. In other words, you are not allowed to turn left at an intersection if the vehicle that's coming towards the intersection could end up being involved in an Arizona car accident with you. This is even true if the vehicle runs a red light. However, this statute is misapplied very often and it can be very confusing. On the one hand, bear in mind that Arizona is what is known as a "pure comparative fault state." In other words, even if the person turning left bears some fault under the statute, that does not mean they bear the entire fault. It does not even mean they bear most of the fault. You could have a situation where the person turning left is considered 1 percent at fault because the other person was going way over the speed limit and was nowhere near the intersection at the time it happened. Also, if it can be proven that the other car was speeding at a high rate of speed, it may be that this is not considered to be a violation of the statute.

However, when the police officer shows up at the scene, they are often very quick to give the citation to the person turning left. While this is appropriate in many – maybe even the majority – of auto accidents in Tucson, there are many times where the police officer simply did not have the time and resources to do a full investigation before giving out a traffic ticket.

Also, traffic tickets are not admissible in civil cases. Therefore, after a very serious auto accident caused in an intersection where one person turns left, it is not enough for anybody to assume that the person who was given a ticket for 28-772 will be at fault. They may be at fault. However, that may not prevent their insurance company from denying fault. Also, on the other hand, it would not prevent either side from trying to prove that the other actually bears complete responsibility.

As you can see the elements of Arizona’s left turn statute can be confusing due to its elaborate nature. This is why if you’ve been in an accident under these circumstances, it can be to your advantage to seek legal counsel from a skilled Tucson auto accident lawyer who can advise you on what steps to take in your case so that you or any injured loved ones can receive compensation. Call Breyer Law Offices, P.C. today for a free consultation. We will give you honest answers to your questions and help you during your time of need.

May 29, 2009

Maricopa County Hit-and-Run Pedestrian Accident Brings Up Issue of “Full Coverage” Insurance

Another pedestrian has been killed by a vehicle as recently reported in an article from abc15.com. Experienced Phoenix personal injury lawyers have to see these unfortunate cases on a regular basis. In this particular incident, it was yet another hit-and-run pedestrian accident in Arizona. Maricopa County Sheriff Detectives are still investigation the accident and looking for the driver who killed the unidentified victim.

When unexpected tragedies strike, not only do families suffer the loss of a loved one, but a time of financial struggle may wait ahead. Far too many people do not realize the risk in assuming that they have “full coverage” for their automobile insurance, when in reality, they don’t. Full coverage means something different to everybody. There is no real definition of it. Therefore, it is important to follow up on the particulars when an accident occurs. And it is especially important to take responsibility for causing an accident in the first place. For instance, a pedestrian who's struck by a car that leaves the scene of a pedestrian accident in Arizona may be thought to have no insurance options. However, if that person owns a vehicle or even lives with a family member that owns a vehicle that has uninsured motorist coverage, then the pedestrian would be protected.

It is a surprise to most people that uninsured motorist coverage protects people even when they are not in their car and even if they don't even own a car but live with a family member that does. The most important question to ask when buying your auto insurance is whether or not you have the highest possible limits of uninsured and underinsured motorist coverage so that if you have to bring an Arizona auto insurance claim, you are protecting yourself and your family members later. It is one of the cheaper forms of the insurance that you can purchase and it is also probably the most important part of any insurance policy and any future accident or injury claim made.

If you have any questions about a recent pedestrian accident or auto accident relating to an Arizona uninsured or underinsured motorist claim, please feel free to contact us at Breyer Law Offices, P.C. We specialize in personal injury and wrongful death throughout the state of Arizona and would be happy to discuss your case with you. Another person’s negligence resulting in your injuries makes you a very likely candidate to receive compensation for medical bills, hospital stays, treatment, loss of wages, and much more. Call us today for a free consultation.

May 28, 2009

Arizona Light Rail Accidents and Statute of Limitations

Another light rail accident has been reported, according to an article. The numbers of rail accidents seem to be climbing. As Phoenix personal injury attorneys, we are on the record as being proponents of light rail. We would like to see it expanded. We believe that getting more people onto the light rail will reduce the number of accidents and serious injuries on Arizona’s roads. There will be fewer personal injury claims, fewer serious injuries, fewer medical costs to the people involved in accidents and to all of society if we can get more people riding public transportation.

A lawyer that sees so many serious personal injuries, people filing bankruptcy as a result of medical bills, people who lose their homes because they cannot work after a serious accident, and so many other serious effects from car accidents in Arizona, if there is a good alternative, then we support it.

However, this increase in accidents between light rail and cars has to be addressed. This is not to say that every accident with the light rail is the fault of the light rail operator. However, more needs to be done in terms of research and planning to try to limit the number of accidents. Even at the slower speeds they often travel, the light rail cars weigh a lot and have a huge amount of force upon impact with a car. Should they ever be involved in an accident with a motorcyclist or bicyclist, there could be tragic consequences.

Moreover, any accident with a light rail brings with it a very short time frame for Arizona statute of limitations. Someone who's been in an accident with a light rail train needs to be immediately hire a lawyer because they have less than six months (180 days) to find a lawyer, get their case documented, get their damages documented, get their evidence regarding the fault of the light rail operator documented, and get everything put together and filed appropriately. Unlike most serious motor vehicle accidents in Arizona, Phoenix light rail accidents bring with it a much shorter time period and a much quicker fuse.

Whether you have been in an auto accident or a light rail accident, we can help you at Breyer Law Offices, P.C. Within our Husband and Wife law team, Mark Breyer is an Arizona state bar certified specialist in Arizona wrongful death and injury. We have been helping injured victims receive compensation from negligent parties for 12 years. Call us today for a free consultation at 602-978-6400. We will give you the honest answers you need about your case.

May 27, 2009

Scottsdale Motorcycle Accident Kills Rider

One person was killed on April 2, 2009, in a single-vehicle motorcycle accident in Scottsdale. According to a report, the motorcyclist died at the scene of the incident in the North Valley on the 101 freeway loop near Hayden Road. Our sympathies go to the family of the motorcyclist who died in this accident and we hope that the investigation is thorough and that any negligent parties are held responsible for their actions.

When motorcycle accidents like this happen, an attorney is often sought to help a family answer questions regarding a potential personal injury or wrongful death claim. The top motorcycle accident lawyers in Arizona need to always be honest with their clients. There are far too many motorcycle accident attorneys in the Phoenix area that seem too willing to tell their clients what they want to hear, as opposed to what they need to hear.

There is nothing wrong with being an avid motorcyclist. There is nothing wrong with being an elementary motorcyclist. Riding a motorcycle is allowed under the law. It is unfair that there are so many people who have such a strong dislike for motorcycles on the roads. It is unfair, but it is a reality. Therefore, since the potential jury pool after a serious Arizona motorcycle accident is made up of people that will include those who are unfair to motorcyclists, the best personal injury lawyers need to be honest with their clients and let them know that everything needs to be done to try to minimize the effect of negative feelings towards motorcyclist in their case.

If somebody just wants to be told how great their case is, regardless of the situation, then we will never be the right law firm for them. At Breyer Law Offices, P.C, we are always very honest with our clients so that they understand the potential risks and benefit of any case. If you or anyone you know has been involved in a very serious motorcycle accident or has lost a loved one, there are certain realities that have to be faced. Motorcycles handle differently than cars do on the roadway and often times need different experts to investigate an accident. Motorcyclists bring with them the risk of jurors who are prejudiced and biased against them and need a lawyer who is willing to take every step to reduce the risk of unfair result should the case go to trial.

After an auto accident, and especially after a motorcycle accident, serious injuries not only cause pain and suffering but can take a financial toll on a family through medical bills, treatment, medication, or lost wages. As experienced Arizona personal injury attorneys at Breyer Law Offices, P.C., we are more than happy and willing to answer any questions that you may have regarding your personal injury or wrongful death case. Call us today for a free evaluation.

May 26, 2009

Arizona Firefighter’s Rule and its Affect on Personal Injury Claims

On April 5, 2009, a police officer riding his motorcycle was seriously injured in an auto accident in Arizona when he was hit by a woman driving her car. According to a report, the police officer is a 13-year veteran of the Tempe Police Department and was in stable condition after being taken to the hospital.

Arizona citizens pay lip service to the fact that we have great respect for firefighters and police officers. Most people would agree that these people who put their lives on the line to protect us deserve to be treated with a certain amount of respect. They have certainly earned it in most cases, like the one mentioned above.

Why is it, then, that police officers and firefighters are actually afforded less protection than other Arizona citizens under Arizona law if they are hurt in an automobile accident or injured on-the-job? There is an outdated rule known as the Firefighter's Rule. It does apply to police officers as well, according to our recent Arizona Supreme Court decision. The Firefighter's Rule basically says that a firefighter or police officer who is injured on the job in Arizona as a result of doing their job is not entitled to bring a lawsuit for their injuries. Therefore, if a firefighter or police officer is injured while working, there is a chance they would lose all their rights to make a recovery against the other person's insurance company. This is such an outdated rule that many states around the country have come to the point where they are actually eliminating it. At the same time, Arizona courts are actually expanding the rule and explicitly making it clear that the Firefighter's Rule will apply to police as well as firemen in the State of Arizona.

While this is not a surprise, as the Firefighter's Rule usually does extend beyond just firemen and to the police, it is a shame. Also, it is a shame that so many police officers who are injured on the job do not even realize that they have a right to bring a claim. We have helped multiple police officers injured on the job, but we often learn that their counterparts do not even think they have a right to bring a claim. However, the scope of the Firefighter's Rule is narrow. An Arizona personal injury lawyer that can help police officers after these accidents is able to educate most police officers and firefighters about the different categories that these types of claims fall into.

In many cases, after a serious injury from an auto accident, the person who was injured, even on the job and even as a police officer, will still have a right to receive full compensation. Therefore, it is a mistake to assume that there is not a right to fair and full compensation. The first step after an auto accident in Arizona is to consult with an experienced Phoenix personal injury lawyer who is a good fit for you. At Breyer Law Offices, P.C., we give our clients and those who call us for a free consultation an honest analysis of whether a claim exists. Call us today to find out.

May 25, 2009

Arizona Trucking Accidents and Resident Fatalities

There are far too many catastrophic personal injuries that occur because of dangerous trucking accidents in Arizona. It seems far too often that the streets of our major cities such as Phoenix and Tucson are shut down because a tractor trailer has caused a serious accident. We know truckers are professional drivers. Many of them take their job seriously and they do the best that they can. However, like in any profession, there seem to be small percentages that ruin the reputation for others. More importantly to us, that small percentage makes our roadways far too dangerous.

There are federal regulations that limit the number of hours the truckers can drive. Driving over these regulations very often leads to accidents that were caused by fatigue. Far too often, families are devastated and torn apart by catastrophic, debilitating injuries with permanent disabilities as a result of truck accidents.

If you or anybody you know has been involved in an accident with a trucking company, time is of the essence in terms of getting the best possible truck accident lawyer you can find. Skilled trucking accident lawyers in Arizona will do everything possible to obtain information to help determine if the trucker was in fact fatigued or if it was just a negligent act and nothing else that caused the truck accident.

Even for those who are not sure they want to bring a lawsuit or don't know what kind of lawyer they want to hire, calling an experienced Tuscon personal injury lawyer and asking about trucking accident claims so that you have the information you need to make a decision is a first step that we think should almost always be taken. After that, the family can decide if an Arizona trucking accident lawsuit or claim is worth bringing because they have the information supplied to them by an experienced trucking accident and injury attorney.

If you’ve sustained injuries because of a trucking accident in Arizona, you may have a legitimate claim, but a lawsuit must be filed before the statute of limitations expires. At Breyer Law Offices, P.C., we help those entitled to compensation for their injuries get the help they need to surpass steep medical bills, treatment, and lost wages. Call us today at 623-930-8064 for a free consultation.

May 24, 2009

Decreasing Car Accident Insurance Injury Claims in Arizona

Arizona personal injury lawyers sometimes get a bad rap. The truth is, the best lawyers, the certified specialists, the lawyers who try cases, all would like to see the amount of serious injuries and deaths decrease. People act as though it is the lawyers that cause the accidents when personal injury lawyers help people receive compensation after they have suffered a serious injury because of the car accident. Because of the adversarial nature of our system, one cannot expect the insurance company to just "do the right thing," when doing so would affect their profits. Therefore, we are very happy to see that the fatality rate on Arizona roads has plummeted to a record low and is decreasing at a faster rate than almost every state in the country.

It would be great if we, in Arizona as drivers, could continue with this fantastic trend and continue to reduce the number of serious injuries and deaths that happen on our roadways. If we can get this low enough, we will make Arizona personal injury lawyer critics very happy. We can greatly decrease the number of Arizona wrongful death claims and serious personal injury lawsuits. This virtually eliminates Arizona personal injury lawyers from being able to bring a case, and we can simply virtually eliminate all the serious accidents and injuries that occur in Arizona. That would be fantastic for all of us.

If you or loved one has been injured in a car accident and have questions about insurance coverage, the experienced Arizona insurance coverage lawyers at Breyer Law Offices, P.C can help you get the compensation that is due to you. Don’t let your rights go unnoticed when another person’s negligence is the reason for your injuries. For a free consultation with our personal injury attorneys, call 623-930-8064.

May 23, 2009

The Importance of Bus Safety Legislation

Far too many people do not consider the possible injuries that can be suffered when a bus is involved in an accident. Most people think of bus accidents in Arizona as only unsafe for the vehicles that are hit. The truth is, personal and injury bus accident claims are brought throughout the country and throughout Arizona every year.

According to a recent article in regards to bus safety, federal laws requiring seat belts and stronger windows on motor coaches – or even an Arizona law that might do the same thing were it not overridden by federal laws – could be a great step to preventing serious personal injuries in bus accidents. As safety activist Mr. Betts said, "There is no need for people to keep dying in these motor coach rollovers." And we agree. Wouldn't it be great if that was no longer the case and we could eliminate the likelihood injuries occurring to passengers in bus accidents?

As Arizona personal injury and bus accident lawyers, we know far too well the dangers associated with bus accidents. We applaud the efforts of those who are trying to reduce the amount of personal injury claims that arise out of bus accidents. We applaud them because they are not trying to strip accident victims of their right to compensation; instead, they are trying to prevent the injury which is far more important than anything else.

If you have any questions regarding injuries sustained in a bus accident or car accident, the skilled Tuscon personal injury attorneys at Breyer Law Offices, P.C. are here to help and give you honest, informative answers. With a very small percentage of lawyers being certified as specialists in injury and wrongful death law by the State Bar of Arizona, Breyer Law has the knowledge and experience to help you get the compensation you deserve. Call us today at 602-978-6400for a free consultation.

May 22, 2009

Arizona Pedestrian Accident Wrongful Death Claims and Challenges

According to a recent and tragic report, an elderly couple was killed at the same time when they were hit by a vehicle that appeared to be speeding. This pedestrian accident is not only heart-wrenching, but it happens far too frequently. Much too often, Arizona drivers forget that they share the road with people who are crossing the street. Arizona drivers become too casual and stop being vigilant about looking around and making sure that they are not going to cause serious injury to somebody who is walking on the sidewalk and about to cross the street through a crosswalk or elsewhere.

However, there are also very real difficulties for somebody who was injured while they were a pedestrian. We suspect that if you asked every one of the best pedestrian accident lawyers and car accident lawyers in Phoenix, Arizona, they would almost all agree that there is a certain suspicion of the pedestrian when cases go before a jury. Insurance companies will use this to their advantage and try to pay many pedestrians less than they are entitled to. The angle used is to have the jury or the driver recall times where a pedestrian cut in front of them or did something dangerous that concerned them.

An absolutely necessary first step to receiving fair compensation is making sure that the best possible lawyer is available on the case when you or someone you know has been hit by a car while walking across the street or while standing on the sidewalk is. Even for those who aren't sure that they want to bring a claim, it can help to get answers that you deserve to know by calling an experienced Tuscon personal injury lawyer so that you and your family can make the best possible decision having all the needed information. There is nothing wrong with making the decision not to proceed with a possible lawsuit or insurance claim, but there is no excuse for not at least making a free phone call, taking some time and gathering the information so that it is an educated and good decision in regards to whether to bring an accident or injury lawsuit in Arizona. Call Breyer Law Offices, P.C. today at 602-978-6400 for a free consultation of your pedestrian or auto accident case.

May 20, 2009

Arizona Drunk Driving Accidents that Cause Injury: It Can Happen to You

It is well documented that at Breyer Law Offices, we sue drunk drivers. We do everything possible to make sure drunk drivers and their insurance companies fully compensate our clients. Drinking and driving is selfish and it is stupid. More importantly, although most drunk drivers intend to cause no harm, they take not only their own lives, but the lives of others into their hands. We have been very critical of drinking and driving for a long time and very aggressive in our representation of our clients when there is a drunk driver on the other side.

However, sometimes we are all reminded that it can happen to anybody. No, this is not one of our many, many stories of people who are hurt in drunk driving accidents and needed a lawyer to help them with the personal injury case. Yes, we have helped many, many people under those circumstances because we are Arizona car accident lawyers and drinking and driving unfortunately causes many of the most serious accidents. However, day after day and year after year, we always see the side of the family who was devastated because of an injury caused by a drunk driver.

However, a former client of ours recently was involved in a terrible drunk driving accident. This was a client we have always liked and a client that we have nothing but good things to say about from the time that we got to know him while we represented him. We got to know his family as well, and he came from an excellent family. And yet, he was recently listed as a suspect for driving under the influence. We have no idea if the allegations are accurate. The truth is, it does not matter. It doesn't matter whether it's true in this case or not, because it is a reminder that whether our former client is innocent or not, one mistake not only devastates the lives of the person who is hurt in their family, but the family and loved ones of the person who was too selfish to make sure that they had a safe ride home.

We certainly hope our former client is innocent. We hope for justice for everybody involved.

If you have been in an auto accident in Arizona and think that it may have been caused by the negligence of a drunk driver, Breyer Law Offices, P.C. can help. Contact our skilled Tuscon personal injury attorneys today for a free evaluation to ensure that you get the compensation that is due to you. Call us today at 602-978-6400.

May 19, 2009

Arizona Homeowner's Insurance Claims against Serving Alcohol to Minors

A recent report demonstrated the dangers of allowing children to drink alcohol at a party. As happens far too often, the young kids get out of hand and people are seriously hurt or killed as a result of the alcohol that they drink.

When something terrible happens like this, we expect to see the police get involved. And, of course, they do get involved and they do their job and they may even prosecute the people who allowed minors to get drunk at their house. However, for the person who was seriously injured as a result of a minor who was drinking at somebody's house, they may not realize that they probably have an Arizona homeowner's insurance claim.

The homeowner's insurance covers the negligence, in most cases, of the people at the home who serve alcohol to people who are under age. Arizona tort law specifically allows claims against these people, including for their homeowner's insurance, when they allow minors to drink alcohol at their house. This is a claim that should be considered more often, but most people do not realize that they have the right to that compensation. Far too often, people only think of automobile insurance when it comes to being compensated for injuries, when in reality, there are many types of insurance available in certain cases to receive money for medical bills, lost wages, pain, the loss of enjoyment of life, and all other legally compensable claims.

Do not let your legal rights slip away when someone else is responsible for the injuries you have suffered. At Breyer Law Offices, P.C., our Husband and Wife Law Team has been successfully representing those injured from another person’s negligence for over a decade. With a certified specialist by the State Bar of Arizona in personal injury and wrongful death litigation on your side, deserved compensation can be yours. Call our skilled Phoenix personal injury attorneys at 623-930-8064 today for a free evaluation.

May 18, 2009

Arizona Insurance Claims against Parents and Siblings

Even the Top 10 Arizona Personal Injury Lawyers Still Face Challenges When Children Must Bring Insurance Claims or Lawsuits against Parents and Siblings

Very often, children suffer serious injuries in car accidents in Tuscon that were caused by their own mother or father. Now, most people are surprised to learn that the child has the same right to bring an insurance claim against their own parent as they would against any other negligent driver. The problem is that people are very skeptical of these claims. They should not be.

Insurance is there to protect a person who causes serious personal injury in an accident from a lawsuit they might face from anybody they hurt. That is not just true of somebody in another car. The passenger in a vehicle has the right to not only sue the driver of another car, but to sue the driver of the car that they are riding in. If that passenger happens to be a family member, their rights are the same.

A child has the same right to bring the claim against their own parent. This does not mean they don't love their parent. The truth is, it's for the parent that's lining up the claim to make sure that the child is properly compensated for injuries endured in an Arizona car accident. It is only the failure to recognize that this is the purpose of the insurance that creates so many problems when these cases find their way to a courtroom and a skeptical jury panel wonders how a child can sue his own parents. The reality is, he's not trying to "sue" and get money from his parents, but is instead simply trying to get the insurance compensation that his parents paid for in case they ever made this kind of mistake.

May 17, 2009

Arizona Product Liability Lawyers and Injury Claimants Face Unique and Difficult Challenge

In almost every state in this country, people who are hurt because of a dangerous and defective product have the right to bring a lawsuit against the person who sold them that product. It is not the job of almost any American citizen to try to track down the person in some foreign land and hope that they will somehow show up in an American courtroom and pay their "fair share" of the dangerous product they designed or manufactured. Instead, we count on the retailers who buy these things to have proper insurance so that if they sell something that badly injures an American, the American doesn't have to do the impossible.

On top of that, the leverage exists largely with the person who has a relationship with this company in a foreign land. In other words, if some company in communist China accidentally manufactures a dangerous product that kills somebody, is that company likely to show up for a lawsuit in Pima County, Arizona or Maricopa County, Arizona? Of course not. Perhaps if they might lose the business of Wal-Mart, Best Buy, or some other big box retailer, they would show up to keep that business.

However, Arizona is the only state we know of that requires the Arizona resident to not only sue the person who sold them the product, but also to try to find a way to bring in every single individual from the time the dangerous and defective product that caused the serious injury was created and designed, through its manufacturing, and through all the different shipment channels and anyone who may have contributed to the sale of the dangerous product. This is ridiculous, but this is the law. This is also one of the many reasons that anybody who's been injured as a result of a dangerous and defective product should immediately contact an experienced Phoenix product liability lawyer they can find to help them with their Arizona product liability claim.

Dangerous products kill people. These companies should not be allowed to continue to operate. Getting a lawyer on board who can try to track down the responsible parties as quickly as possible can be vital. I am not a big believer in telling people to "hurry" in hiring a lawyer before they are ready. I would not do that with an Arizona product liability case either. The problem is, Arizona law requires even the best personal injury lawyers to find these different people in the "chain" of the product. Moreover, the product itself can be vital, and failing to get a lawyer can often lead to the failure to secure the product and make sure it is not destroyed, thereby destroying the evidence that could create the claim.

May 16, 2009

Arizona Insurance Claims Lawyers Fight against Insurance Industry Tactics to Deny Fair Payment

I cannot begin to count the number of people who I have talked to over the years who have acted as though the insurance adjuster they talked to was their friend and would be fair to them. Insurance adjusters have a job to do. Many insurance adjusters are fabulous people. Many insurance adjusters mean well. Many insurance adjusters try to do the best they can. But they have a job to do and that job is, ultimately, to avoid paying full value on a claim.

When we see reports such as these where Iraqi veterans who have lost their eyesight are being denied what appear to be obvious claims by the insurance company, all bets should be off for the rest of us. If an Iraqi veteran who has a clear-cut claim is not able to obtain fair compensation, what can a victim of a car accident in Arizona expect from an insurance company?

Why would somebody who suffered a personal injury in Arizona expect to receive some sort of fair compensation and payment for medical bills, wage loss, pain and suffering, loss of enjoyment of life, and all of the other benefits they are entitled to under the law unless they have the best possible injury lawyer they can find? It is unfortunately not realistic. The system is set up as an adversarial one. The insurance adjusters are well-trained and well-educated and prepared to do anything possible to limit the amount that's paid. Someone who has been seriously hurt deserves the right to have an advocate on their side, a Phoenix insurance coverage lawyer they can trust in bringing the personal injury lawsuit or insurance claim.

May 15, 2009

Arizona Freeway Collisions: Statute of Limitations for Insurance Claim

Arizona Injury Lawyer Discusses Statute of Limitations for Accidents Involving Wrongful Death after a Freeway Collision Where a Car Comes Through the Median

After yet another terrible auto accident in Tucson where a car crossed over from one side of the freeway, across all of I 10, through the median and collided with an oncoming vehicle, we thought it was important to let everybody know the short time deadline that may be involved in such a claim.

As Arizona personal injury lawyers, we talk to many people who believe that they have two years to file an insurance claim after an accident. This is wrong for two reasons.

First, filing an insurance claim after an automobile accident is never enough. The time deadline – known as the statute of limitations – requires the filing of a proper lawsuit in the Superior Court. Moreover, there is not a two-year deadline to file the lawsuit in some cases. In a case such as this one, the deadline may be as short as 180 days.

Also, the deadline requires more than just a filing of a lawsuit.Within 180 days, enough information has to be collected to file what is called a "notice of claim" and get it served upon the right person. That is because there have been far too many accidents where people have been killed when another car crossed over the median.

Sometimes this is due solely to the negligence of the other driver who crossed over. Sometimes, however, there are other vehicles involved or even a negligent design of the median between the two sides of the freeway that allowed the vehicle to cross over and cause the terrible collision. This is why hiring an experienced Tucson car accident lawyer someone can find after a freeway collision is so important to avoid missing deadlines that can destroy a valid serious personal injury or wrongful death case.

May 14, 2009

Arizona Red Light Running Accidents

Experienced Arizona Personal Injury Lawyer Discusses Dangers of Red Light Running Accidents

Car accident lawyers in Phoenix who help people after serious injury auto accidents know that some of the worst injuries and many deaths are not limited just to our freeways. Instead, very often some of the worst tragedies take place at the busy intersections throughout the State of Arizona. Very often, these accidents are caused when somebody runs a red light and causes the accident. However, many times there are no witnesses to the accident other than the people involved. The red light runner will try to deny the fact that they ran the red light and very often no fault is placed by the police officers at the scene.

Since somebody who has been seriously injured or has lost a loved one in such an Arizona auto accident carries what is known as the "burden of proof" in a court of law, there are times where red light runners will attempt to escape justice and avoid ever having to pay for the medical bills, lost wages, and all of the injuries and damages that they caused.

This is why it can be so important to hire the best possible car accident lawyer to help you if you or someone you know has been involved in a situation where somebody else has run a red light an caused an auto accident. Between investigation of the scene, looking for inconsistencies in the statement of the red light runner, and sometimes being able to track down witnesses or taking other steps to collect evidence, there are many times where skilled Tucson personal injury attorneys can make successful insurance claims to ensure compensation to somebody who has been the victim of a red light runner.

May 13, 2009

Arizona School Bus Safety

Bus Accident Lawyer Addresses School Bus Safety Concerns

A report indicated that a Tolleson school bus rear-ended a truck on I 10. The school bus was full of children when the bus accident in Arizona happened. Fortunately, it has been reported that nobody was hurt. However, we should not wait to see more children injured on school buses before we take action. Everybody agrees that we want to reduce the amount of injuries suffered by children. And everybody knows that school buses carry children. It is what they do. So why is it that we haven't done everything possible, such as the installation of seat belts and other safety mechanisms, to make sure that our children are safe and that children's injuries are prevented?

How many children have to suffer serious personal injury throughout the United States, including Arizona, before we will do what is possible to prevent it?

Skilled Arizona bus accident lawyers can help families after their children have been seriously injured in a bus accident. But all of us who help these children and families would like to never see another injury from a bus accident again. While maybe this is not possible, it certainly seems possible to greatly reduce the amount of children who are injured in school bus accidents. It is time that we took notice of the importance of our children and start taking steps to increase school bus safety.

May 12, 2009

Arizona Childhood Brain Injuries

Phoenix Lawyer Addresses Advancement in Treatment of Medical Care in Arizona for Childhood Brain Injuries

As Arizona child injury lawyers and personal injury attorneys, it is far too common for us to see that the medical care provided to people of all ages in the Phoenix metropolitan area, good as it can be, lags behind some of the best medical care that there is. That is why we are so pleased to have read a report which indicates that Phoenix Children's Hospital has created a new division known as Children's Neuroscience Institute.

Nothing is more devastating for a family than seeing a traumatic brain injury to a child. We hope they never happen. However, when they do happen, we hope for the best possible medical care for these kids to give them a chance to overcome the injuries they have suffered.

We are certain that we speak for all personal injury lawyers in Arizona when we say that we are thrilled to see an advancement of this sort come to the State of Arizona. We are optimistic that fewer kids will have to live through long-term or permanent effects from closed head injuries as a result of this new opening.

May 10, 2009

The Cost of an Arizona Personal Injury and Insurance Claim Lawyer

Arizona Injury and Insurance Claim Lawyer Discusses "How Much Does it Cost to Hire a Personal Injury Lawyer after an Accident?"

We receive calls on a regular basis from people who have suffered personal tragedy following an auto accident in Phoenix and in other cities in Arizona. When an auto accident occurs, many people do not realize the long-reaching effects it has on the people involved. To begin with, following a serious injury, the person who was hurt is unable to work. On top of that, the person is unable to usually just participate in the normal activities of daily living. When someone is badly hurt they cannot just get up and take a shower. They cannot just get up and go drive their car. In fact, while they're dealing with everything else, their car is in another location being taken care of by a person that they do not even know. In other words, every facet of somebody's life is affected after a serious injury.

When somebody has a family member who's involved in a serious vehicle accident in Arizona, they also have to deal with a complete change in almost every aspect of their life. If your spouse cannot work, imagine how that affects you not just in lost money, but in your role within the family. When a parent has been injured, how much effect does that have on the children? The reality is that from the time the day begins until the time it ends, a serious injury will affect the person involved and that family for as long as the rehabilitation process takes.

Amidst everything else they are dealing with in terms of the inability to pay for their mortgage, the inability to pay the medical bills, the inability to function and go through their normal daily activities, like getting kids off to school and so forth; families who have suffered from a serious auto accident need answers. Usually, the best step is to talk with a lawyer. While I do not believe a personal injury lawyer is the best answer to every situation following an auto accident, I do strongly believe that talking to an experienced Arizona personal injury lawyer is a good first step. It is not about whether or not a claim needs to be brought; instead, it's about finding out what your options are.

I believe far too many people think they do not want to hire a lawyer and by the time they realize that they do need one, it is too late. There is simply no disadvantage to sitting down with an honest lawyer to get real answers. However, people are afraid of the cost of hiring a lawyer. People are concerned that with the amount of money they've lost, they won't be able to afford a skilled Phoenix car accident lawyer or personal injury attorney to help them.

That is why we have a longstanding policy at Breyer Law Offices. No client has ever paid us a single dollar out of their own pocket. Though we have cases where we spend tens of thousands of dollars or more on after an automobile accident, we have never received a single penny in reimbursement, nor have we sought it from any client unless we were first able to win their case. The time we spend, the money we spend, the effort we put in, is the risk we take on the cases we choose to accept to help people. That way, our clients can rest assured that they have the representation they need without having to worry about paying money out of their pocket.

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May 9, 2009

Personal Injury Insurance Claims after Driver Turns Left in Front of another Car at an Intersection

As Arizona personal injury lawyers who help so many people involved in the tragedies that occur at our intersections and on our roadways, we know all too well the great misconceptions when it comes to Arizona law. We also know how often people involved in accidents that occurr at our intersections throughout the state are misled by an adverse insurance adjuster, adverse insurance company, or even by friends and family who do not understand the law.

Arizona has a law that specifically regulates those who turn left at an intersection. However, the application of that law can be very confusing. A.R.S. § 28 772 precludes people from turning left when an oncoming vehicle is so close to them that they will be involved in an accident. Now, while these are not the exact words of the statute, this is probably the best way to explain the law. Everybody knows too many people run red lights. People who turn left at an intersection in front of somebody else who runs the red light does not lose the ability to point the finger for partial fault as to the person who ran a red light. However, a long time ago our legislature made the decision that those who are turning left were in the best possible position to help avoid the accident in many cases. Therefore, instead of getting into a big argument later as to whether or not somebody should or should not have turned left, this statute regulates that matter and says that drivers who turn left when the other car is so close to them that they are likely to be involved in an car accident in Phoenix will have violated a statute.

Now, there is a big difference between a traffic ticket and negligence. There is a big difference between the rights in a personal injury lawsuit as compared to simply getting a traffic ticket.

When a police officer comes to the scene and hands somebody a ticket, this does not mean they lose their right to bring a personal injury lawsuit. In fact, traffic tickets are not even admissible in personal injury claims. We have seen many cases where the police officer showed up, gathered information quickly, and did not gather all of the information they needed when they gave a traffic ticket. We have seen people who have abandoned their rights to bring personal injury lawsuits because they got a ticket. When this happens it can sometimes occur because the only two people who are at the scene at the time the police officer arrives are the two people who were driving the vehicles involved in the Arizona auto accident. Sometimes, because of serious injuries, one person gets a ticket because they are not even at the scene to give their side of the story.

Where police make these initial pre-judgments without talking to people, it is very often because a left turn at an intersection was involved. Because of A.R.S. 28 772, it is easy for the police officer to simply give the ticket to the person who was turning left.

Because there is a law that regulates people who turn left, these cases can be very difficult on both sides. On the one hand, the person who was turning left and believes somebody else ran a red light or was speeding so quickly that they never would've believed that the accident was going to happen, will often need the help of a skilled Arizona personal injury lawyer to help them reconstruct the accident to show that the other vehicle was actually at fault. This can be particularly challenging where there are not witnesses at the scene.

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May 7, 2009

Arizona Traffic Tickets and their Affects on Insurance Claims or Auto Accident Lawsuits

The Top Ten Arizona Personal Injury Lawyers Will Explain to People how a Traffic Ticket Affects their Right to Bring an Insurance Claim or Auto Accident Lawsuit

There are far too many auto accident lawyers throughout Phoenix, Arizona and throughout the entire state who fail to provide the information people really need. Far too often, people who have the absolute right to bring an Arizona auto accident insurance claim or personal injury lawsuit, fail to do so because the police officer who showed up at the scene gave them the ticket. Too many people believe that because they were given a ticket, they lose rights to bring a lawsuit because they are "at fault." This is not the reality of the situation.

One common traffic ticket that's given out after an auto accident is for violation of ARS 12 701. In plain English, what this statute basically says is that you must control the speed of your vehicle to avoid an accident. Therefore, when the police officer shows up at the scene and there is a lack of a more definitive statute that was violated, but the police officer believes somebody caused the accident, a ticket is most often given out. However, the police are at a disadvantage when they show up at the scene of a car accident in Phoenix. This does not mean they do not get it right. This is not an attack on police officers or their investigations or their techniques. However, it is a simple reality that when a police officer shows up at a serious accident scene, they have a lot of work that they have to do and a lot of information to collect. It cannot all be done in the period of time that they are at the scene. Therefore, there are many times that the police collect the information that is needed, but do not have the time to put together a complete and full accident investigation. Therefore, they often give a ticket to the person that appears to be at fault without doing the entire workup and accident reconstruction that would be necessary to make a certain determination.

The reality is that Arizona jury trials do not even include evidence of who was given a traffic ticket. That means in almost every case the police officer's decision as to who should have gotten the traffic ticket is not even allowed into evidence regardless of what happens with that traffic ticket after the fact. Too often, people may feel intimidated or bullied by the fact that they were given a traffic ticket. Insurance adjusters are trained to do their job and that is to try to minimize the liability of their insured so that the insurance company can pay out less in compensation. Obviously, more often than not, when a police officer gives someone a ticket, it will turn out to be that the ticket was given properly and that there is liability of fault on the person who received the ticket. However, the fact that happens in more cases than not, in no way suggests that everyone who gets a ticket is at fault.

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May 6, 2009

Actress Natasha Richardson Dies from Head Injury

As has been reported and discussed at length, the Tony Award-winning actress, Natasha Richardson, 45, died recently from head injuries in what originally seemed like just a small fall during a skiing lesson on Monday in the Laurentian hills. According to one account, after complaining of a headache once she returned to her hotel, Ms. Richardson was flown from Montreal Tuesday night to an Upper East Side hospital.

A spokeswoman for the Mont Tremblant ski resort, Lyne Lortie, said that Ms. Richardson was not wearing a helmet during her beginner skiing lesson.

“It was a normal fall; she didn’t hit anyone or anything,” Lortie said. “She didn’t show any signs of injury; she was talking and she seemed all right.”

Ms. Richardson’s death was announced Wednesday night by Alan Nierob, a spokesman for the actress’s husband, Liam Neeson.

“Liam Neeson, his sons, and the entire family are shocked and devastated by the tragic death of their beloved Natasha,” a statement said. “They are profoundly grateful for the support, love and prayers of everyone, and ask for privacy during this very difficult time.”

The statement did not disclose the definite cause of death or mention Ms. Richardson’s specific medical condition.

However, there is a lesson contained in this tragic loss that can be learned by everyone. Never take for granted the potential risk from seemingly minor head trauma. Wrongful death accident lawyers in Arizona and throughout the nation help those that have suffered serious brain injury fight this misconception every day.

A traumatic brain injury is a serious condition that posses life-altering changes and in the most extreme cases, claims the life of someone well before his or her time. As in the case of Ms. Richardson, unfortunately trauma from a head injury does not need to be seen immediately after an accident for there to be damage done to the brain. Many Arizona personal injury jury trials revolve around questions of head injury when there was only a slight initial trauma. The best neurologists are often needed to prove that serious and even fatal head injuries can occur without what appears to be a major accident at the outset.

A head injury can result from the negligence of someone other than the injured victim, and in those cases, the negligent party can be liable for physical damages suffered and financial strains due to medical expenses. In some cases, a wrongful death lawsuit can be filed by the family of the decedent whose cause of death involved a traumatic brain injury due to negligence.

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May 5, 2009

Preventing Childhood Drowning Accidents

As Arizona personal injury lawyers who help families following all kinds of unexpected tragedies, among the hardest to deal with are childhood drownings. However, we cannot ignore this. The reality is that there are far too many preventable deaths throughout Arizona. Therefore, it is worthy of our effort to share information to discuss what must be done to try to greatly decrease the amount of childhood drowning and near drownings that occur throughout Phoenix, Arizona and Tucson, Arizona and throughout the entire state.

According to this article, the American Academy of Pediatrics recommends that children learn how to swim beginning at 4 years of age. However, there is also information that suggests that children as young as 6 months old may be able to be taught to swim at least to the extent that they could survive if they ever fell into a pool. Now, as personal injury lawyers in Phoenix, we are not in a position to take sides on this debate. However, we can share our thoughts regarding the entire process and the importance of teaching children how to swim.

The sooner a child knows how to swim, the sooner they are safe around water. So much of the focus when it comes to childhood drownings in Arizona rests on the failure to have a proper self-closing and self-latching pool gate, the failure to properly watch and protect children around water, and other matters that are almost secondary. Do not misunderstand our point. It is absolutely vital to keep children safe around water.

We have seen far too many cases where caregivers, babysitters, grandparents, and others that do not live in the home took their eyes off a child and forgot about the dangers of that pool in the backyard. To a person who cannot swim, and in particular to a child who cannot swim, that is not a beautiful pool in the backyard. Instead, it is a hole filled with poison. Because, just like poison, as soon as a child comes in contact with that water unless the child is immediately pulled out, a child who cannot swim is likely to die in that pool. Too often people forget about this. Therefore, the best and first step particularly for somebody who has a backyard pool or even a neighbor with a backyard pool is to teach the child to swim as soon as you believe it is appropriate to do so.

Some may question why personal injury lawyers in Arizona even discuss or share information regarding drowning. First and foremost, anything that can be done to decrease the number of children's injuries in Arizona must be done by anybody. Also, as personal injury lawyers, we understand that lawsuits often are brought on behalf of a grieving family who has a seriously injured child or, even worse, a child who has died as a result of the negligence of a babysitter or somebody else. Very often, lawsuits can be brought and monies can be obtained to help the families pay for the medical bills and to try to deal with this horrendous tragedy. However, lawsuits against people as a result of childhood drowning are nothing, absolutely nothing, compared to the possibility of preventing these incidents.

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May 4, 2009

Avoid Becoming a Personal Injury Insurance Claimant: Wear Your Seatbelt

As experienced Phoenix car accident attorneys, we want to applaud the efforts of Yuma, Arizona police for trying to get people to wear their seatbelts more. There is no question that seatbelts save lives. In a recent article, Yuma police were reporting that they were taking extra measures to make sure drivers and passengers wore their seatbelts.

As attorneys, we have seen too many life changing injuries, many of which left families without a loved one who was fatally injured, or other people with serious permanent injuries that would have been lessened if they had not failed to wear their seatbelt. Of course, seatbelts do not save lives in every case, but seatbelts do save lives in many situations. Sometimes a seatbelt can offer very little value, but other times it has been proven that a seatbelt saved the life of an innocent individual.

This is especially the case when it comes to children's car seats. As attorneys, we suggest that all people wear their seatbelts. Far too many people are calling us with horrendous injuries due to automobile accidents in Arizona. We see already that many people are wearing their seatbelts, but it would be better if every driver and passenger was required to wear their seatbelt before the car moved even one inch out of the parking spot. We already know Arizona law requires the use of seatbelts, but is time we all require seatbelt use of each other.

People should be wearing their seatbelt not just because it is the law, but because it may save your life. There have been many stories where a person put their seatbelt on and a moment later they were involved in a terrible automobile accident and it was the seatbelt that saved their life. Also, if for no other reason, spare yourself or your family a lifetime of regrets and “what ifs” following a terrible crash.

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May 1, 2009

Hiring Arizona Motorcycle Accident Injury Attorneys Who Do Not Ride?

As experienced motorcycle accident attorneys in Arizona, it is interesting to see that many lawyers who claim, among their “legal credentials” to handle a claim, that they are "motorcycle accident lawyers" because they ride motorcycles. Is riding a motorcycle a credential of being the best motorcycle accident attorney in Arizona? Is it really important to the injured victim or the family of a lost loved one killed in a motorcycle accident if the attorney they hire rides a motorcycle?

In our experience, the answer is no. It does not matter if the attorney you choose rides a motorcycle or not. What matters is that the attorney is experienced in handling cases of serious injury and wrongful death in Phoenix.

The truth of the matters is that if you were involved in a serious motorcycle accident in Arizona and needed a doctor, you would not turn to the neurosurgeon who is about to operate on someone with a brain injury after a motorcycle accident and ask the doctor if he rode motorcycles or not. In fact, you probably would not even care one bit if the doctor rode a motorcycle. Instead you would want the best possible neurosurgeon. It is the same for hiring an attorney in Arizona if you have been involved in a motorcycle accident. Hire the best possible attorney.

We are attorneys. However, we do not pretend to be what we are not, and we make no bones about who we are as people and as lawyers helping bikers after injury accidents. We do not ride motorcycles. We will tell you that upfront. In contrast, as an attorney, Mark is a certified specialist in wrongful death law in Arizona and has handled many motorcycle accidents in Arizona. The reality is that many motorcycle accident cases can be very complicated and it is important that the motorcycle rider have an experienced attorney on his side.

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April 30, 2009

Phoenix Auto Accident Victims Aren't Requried to Attend Insurance Adjuster's Medical Examination

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

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

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

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

April 29, 2009

Arizona Wrongful Death Claims Require Attorney to Obtain Best Settlement

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

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

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

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

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April 20, 2009

Yuma Seat Belt Enforcement to Increase Safety

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

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

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

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

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

April 19, 2009

Phoenix Car Accident Leaves Man without a Job

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

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

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

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April 18, 2009

Tucson Motorcycle Accidents on Highway 83

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

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

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

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

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

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

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April 17, 2009

Arizona Drunk Driving Accident Immunity for the State

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

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

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

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

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April 16, 2009

Phoenix Child Hit by Two Different Cars in Accident

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

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

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

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

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

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

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April 15, 2009

Arizona Insurance Company Independent Medical Examinations

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

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

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

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

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

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April 13, 2009

Arizona Pedestrian and Runner Accidents: Safety Tips to Prevent Injury

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

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

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

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

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

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April 12, 2009

Personal Injury Legal Representation Advised by Government Report

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

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

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

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

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April 11, 2009

Judges Overruling the Jury Verdict in Personal Injury Litigation

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

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

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

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

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

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April 10, 2009

Auto Accidents Cover Over Half of Personal Injury Trials in U.S.

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

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

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

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

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April 9, 2009

United States Jury Verdicts for Personal Injury Cases

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

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

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

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April 8, 2009

Arizona Punitive Damages in Auto Accidents and other Personal Injury Cases

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

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

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

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

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