Zachar Law Blog

I was talking to an elderly relative the other day.  We were talking about life, and the current status of things in the United States.

I asked her to describe to me how she views the changes in our country during her lifetime.  Here is her response:

Oh WOW ! There isn’t one item in this country that hasn’t changed.

I grew up in a wonderful country full of honesty and opportunity.

I grew up in a country where people were respectful and cared about each other. They believed in the Country and felt like the elected leaders would be honest and do their best to honor the promises they made.

My growing up years were in a time where we didn’t have to worry about our children being in their front yard unguarded. I could skate or play blocks from home and my parents

Weren’t afraid. I remember being allowed to walk downtown, by myself, to buy Christmas gifts for my family and walk home alone before dark. People respected each other and helped each other and cared even through disagreements. And when I got to be an adult with my own children, not a lot had changed.

Our children could walk to and from school without some creep assaulting or kidnapping them. Our children could hop on their bicycle’s and ride all over town anytime of the day and be safe. They could spend hours at a mall or a swimming pool and I never worried.

I remember watching the newscasts on TV. It didn’t matter which channel we watched. The reporters and newscasters gave us a view of both sides of any story or news events. Unlike today. Every channel is slanted one way or another. It isn’t like telling you both sides of a story and let YOU decide. Networks are so slanted one way or another. The world is fighting in one direction or another. Politicians promise the world to get elected and as soon as Election Day is over, those promises are forgotten.

Our children aren’t safe anymore. We have sexual predators roaming our streets waiting for an opportunity to grab a little child off the street. If a child wants to play outside, a parent has to “stand guard”. So sad.

People want more and more and more expensive toys. No one is satisfied with a simple life. Boats, cars, expensive toys to make them happy.

The criminal system is dissolving. Drugs and crime and illegal activities are tearing our cities apart. Riots are ruining our cities and no one seems to care. Everything that happens, regardless of what, becomes a racial issue which tends to cause more problems and division. This country is being torn apart.

All this sounds very negative I know, but that is how I see our country right now compared to days past. Compared to these days, past history has shown a calm and pretty peaceful time to have lived in.

Granted, there have been wonderful advancements in medicine and technology. Our lives are much easier with the inventions and scientific improvements and I enjoy those and the comfort they have brought.

But, I kind of wish we had the days of peace and quiet in such an uncomplicated world. I wish our children had the safety I had, and that they could grow up with no worries. Live happy, fun days as children. The “real” world will come soon enough. AND maybe something will happen to take us back to a happier time!!

What’s the most common issue an attorney faces when handling a personal injury claim? Why?

Perhaps the most common issue an attorney faces when handling a personal injury claim is knowing the right time to settle the case.

Let me explain.

There are no two cases that are the same:

1. All case facts are different.  
2. All clients are different.
3. All adjusters from insurance companies are different.
4. All defense attorneys are different.
5. All judges and juries are different.

Each case must be handled differently, and the strategies and decision-making for each case must be different. Likewise, settlement negotiations in every single case are different.

It truly requires an experienced Phoenix personal injury attorney to know when is the right time to recommend settlement to a client:

6. Is the other side offering enough? 
7. Could we get more if we don’t settle now? 
8. How long will it take? 
9. How much will it cost? 
10. What are the risks? 
11. Could we get less? 
12. Could we lose?

Settlement typically means “compromise“. It means that you are not going to get everything you want, but also, that the other side is not going to get everything it wants. If both sides are willing to give a little, to “compromise“ and find a middle ground, then the case has a good chance of getting settled.

What is the right number?  See above. (Every case is different.)

Deciding to settle is not easy.  The best Phoenix injury lawyers can and will explain all 12 of the above factors to you, to help you make the best decision in your case. 

What Is Fair Compensation for Pain and Suffering?

Pain and suffering is one type of damage claim within a broader concept of a personal injury claim.  When people refer to “pain and suffering” they are making a general reference to one part of a larger injury claim.  In order to understand the value of a “pain and suffering” claim, one must understand a personal injury claim in its entirety. 

The law provides that tort victims are entitled to claim the following damages:  (1) nature, extent, and duration of the injury; (2) pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced and reasonably probable to be experienced in the future as a result of the injury; (3) reasonable expenses of necessary medical care, treatment and services rendered and reasonably probable to be incurred in the future; (4) loss of earnings to date and any decrease in earning power or capacity in the future; (5) loss of enjoyment of life, that is, the participation in life’s activities to the quality and extent normally enjoyed before the injury. The law also permits other types of damages that may apply for certain types of fact situations (such as loss of consortium, etc), though these are not generally applicable for most injuries and cases.  The case law in Arizona provides for the following (citations excluded):  Unlimited recovery for actual damages, expenses for past and prospective medical care, past and prospective pain and suffering, lost earnings and diminished earning capacity; all expenses and for the value of services reasonably made necessary by the harm.  Once the right to damages is established, uncertainty as to the amount of damages does not preclude recovery. Pain and suffering are separately compensable damages from “loss of enjoyment of life” which compensates victims for the limitations resulting from the defendant’s negligence or the injured person’s ability to participate in and derive pleasure from the normal activities of daily life.  In other words, any injury that the victim can prove is proximately caused by the acts of the wrongdoer. 

As you can decipher from the legal explanation above, “pain and suffering” is short-hand terminology of a more specific legal concept.  It would include “nature, extent, and duration of the injury” as well as “pain, discomfort, suffering and anxiety” that one has experienced and is reasonably probable to be experienced.  It is primarily based on the specific injury incurred.  If the injury is considered permanent, then the “pain and suffering” surrounding the injury is magnified by the injury itself.  Thus, loss of a limb or loss of function that is deemed permanent will increase one’s pain and suffering.  A neck or low back strain will have considerably less pain and suffering than a fracture, tear or permanent loss of function.  Thus, pain and suffering is a concept entirely dependent on the nature and extent of the injury itself.  Injuries that do not affect function (ability to move or perform daily activities) will not be compensated under the concept of pain and suffering like injuries that affect the function or that have a longer duration. 

What makes compensation for pain and suffering “fair” or unfair is wholly within the discretion of a decision-maker (arbitrator or jury) unless the parties reach a settlement before the matter is decided upon.  If settled, what is deemed “fair” compensation lies entirely with the victim and the wrongdoer and their ability to agree on what is “fair.” 

Personal injury law can be extremely complex. This is why it's important to have the right Phoenix personal injury lawyer representing you in your case.