Zachar Law Blog

9 More Tough Questions to Ask A Lawyer Before You Hire Him

This is the sequel to my blog two weeks ago, "8 Tough Questions to Ask Before You Hire A Lawyer".  I believe there is so much pertinent information you should know before you hire a lawyer that I had to split it into two articles.  So following are 9 more questions you should ask a lawyer before you hire him/her:

 

1. Do you litigate cases?

It is extremely important that the attorney you hire be a litigator.  You need to know that your attorney intends to see your case through to the end for you--regardless of the position that is ultimately taken by the other side.  The insurance companies know the attorneys who litigate, and those who do not.  In large, settlements are higher for the clients of attorneys who are willing to to fight for them all the way to the end.

 

2. Have you attended the Arizona Trial Advocacy College?

This is an important question.  The Arizona Trial Advocacy College is a program that is taught by the very best trial lawyers in Arizona.  Insist that your attorney have attended.

 

3. Will you discuss my case with me over the telephone?

An experienced attorney will make themselves available to you as best as possible.  If you have a question or need to discuss something that should only take a  few minutes, then there is no reason why they shouldn't be able to talk with you over the telephone.  Attorneys often have hectic schedules, so if you need more than just a few minutes make sure to schedule something, whether it be over the phone or in person.  No one can be available at every minute, however, if you call and you attorney is unavailable, make sure they return your call in an acceptable amount of time.

 

4. Are you a member of the Arizona Association for Justice?

The Arizona Association for Justice is an organization of lawyers whose members represent consumers and are dedicated to preserving and protecting the rights of all Arizonans.  The Association provides advocacy, continuing legal education and public education on behalf of its members and their clients.  If these things are important to you, then you should choose an attorney who is a member.

 

5. Are you a member of the American Association for Justice?

This is the federal counterpart to the Arizona Association for Justice and is also known as the American Trial Lawyers Association.  "It is the mission of the American Trial Lawyers Association to provide news, information, and education to attorneys who practice or have an interest in trial work, including civil plaintiff and criminal defense law."  Association membership is extended only to those attorneys who have passed an extensive screening performed by a leading University's Trial Advocacy Program.

 

6. Have you ever defended insurance companies against injury claims?

Know who you are hiring.  Does your attorney have your best interests at heart, or, does he/she rely upon income from insurance companies.

 

7. Will you evaluate my case for me without cost or obligation?

Experienced personal injury attorneys will handle your case on a contingency basis.  Regardless, make sure to discuss all details regarding how the attorney will be paid and how much he/she will be paid.

 

8. If the insurance company doesn't offer a fair settlement, are you willing to fight for what is fair?

This is very similar to question # 1, many attorneys today do not want to go thru the difficulties of litigation or trial, however, sometimes cases cannot reach an agreement or a fair settlement without it.  When this occurs you need to know your attorney is willing to go the extra mile and fight for you, or, when push comes to shove, if he/she will refer the case elsewhere. 

 

9. Are you a Certified Specialist in Personal Injury and Wrongful Death?

The state of Arizona has an extension approval and certification process for experienced personal injury attorneys.  Only those qualified are bestowed the honor of being called Certified Specialists.  Make sure that the attorney you are hiring is a Certified Specialist.  It can make all the difference in the outcome of your case.

 

 

 

 

  

   

 

 

You Be The Judge!

A Fall On The Ice 

Mr. Coldman owned an ice skating rink that was well maintained and well attended.  One day Miss Roundabout, a very good skater, began using the rink.  After half an hour of "warm ups", she began to perform some "elaborate maneuvers".  During one of these maneuvers, Miss Roundabout tripped on an "irregularity" in the ice and injured herself.  She sued Mr. Coldman for negligence and for not maintaining a hard, smooth skating surface.

 

Did The Jury Find For or Against Miss Roundabout?

8 Tough Questions to Ask Before You Hire A Lawyer

Hiring a lawyer is serious business and you need to do the background work before you make such an important decision.  When talking to clients I hear some of the same questions regularly, and they are questions the clients should be asking before they have hired me or any other lawyer.  Following is a partial list of questions I have come up with that I believe are important for anyone to ask of a lawyer, especially a personal injury lawyer, before they retain him.

 

1. How long have you been practicing in the specific field of accident and injury law?

The reason for this question is clear.  Obviously, the more experience in a specific field, the more knowledge to handle your case the right way.

 

2. What percentage of your practice is devoted to accident and injury law?

Again, the more cases an attorney handles in one specific area, the more experience he accumulates in that field.  Since every personal injury case is different, the more scenarios an attorney has handled, the more knowledge he has to offer to every case.

  

3. Have you previously represented people with injuries similar to mine?

Being aware of the problems that can arise from specific injuries, the proper course of care and a list of medical providers who can help for specific injuries, helps an attorney to know how long a case may take to resolve and what type of recovery may be available for an injured client.

 

4. Do you have investigators and expert witnesses who will help in cases with my type of injury?

    A good personal injury attorney will have investigators and expert witnesses they can trust.  This is especially important because the police are not always able to find all the information needed, and, do not have the same levels of motivation to do so.  Having qualified people to undertake a separate investigation from the police is often key in gathering significant evidence.

5. Can you refer me to a physician who can provide treatment for my injuries?

Experienced personal injury attorneys are familiar with a variety of doctors and therapists who can help with any injury.  Equally important, experienced attorneys often know of medical providers who are not qualified or who do not have a reputation for providing the best quality of care.   

 

6. Can you help me with my property damage claim and get a rental car for me?

    Most of the big advertising firms don’t want to help you in this area.  This is because they don’t make any money for it.  Find an attorney who is willing to help, at no charge, for the routine damage claim.  An experienced attorney should be willing to do this.

7. Will you handle my case on a percentage fee basis?

Experienced personal injury attorneys will handle your case on a contingency basis.  This means that the attorney is paid a percentage of the recovery, and only when and if your case has a favorable outcome.  This percentage should be agreed upon before you retain the attorney.  Avoid attorneys who want to charge you a retainer for a personal injury case. 

Hiring an attorney on a contingency fee basis is favorable for clients because filing a lawsuit can be a costly endeavor which many people may not otherwise be able to afford.

 

8. If I can't come to your office, will you come to my home or office?

Many people who need an attorney are unable to travel due to injuries or poor health, so this is not an unusual request.  An experienced attorney will be flexible and able to accommodate these needs.  Also, you should insist on meeting with an attorney, not a legal assistant or runner.

 

Keep reading the next few weeks to find out 9 more questions to ask a lawyer before you hire him...

Zachar Law Firm - Interesting Employee Tidbit

Another little idea of mine is to help our clients get to know the people here at Zachar Law Firm, the people working hard on their cases.  That is why I am starting the "Zachar Law Firm - Interesting Employee Tidbit" blog section. 

This will give me the opportunity to share a little bit about the lives of the people I work with, the people I enjoy seeing at the office every day.

It is hard not to focus on toddlers when they are around because they have to have constant supervision and they do so many funny things.  This is why I am kicking off the "Interesting Employee Tidbits" with Shannon because she has a new toddler and so many stories to go along with him.

 

Zachar Law Firm Interesting Employee Tidbit

These are extremely exciting not to mention interesting days for Shannon, one of the legal assistants here at Zachar Law Firm.  Yes, everyone is busy with the holidays coming but Shannon also has a beautiful little boy who turns one just before Christmas.

Not only is Zane turning one soon but he also started walking recently.  Everyone in his household has reached the “high alert” phase of toddlerdom.  According to Shannon, Zane is “into everything”.  Download Zane Walking 12.08.09

We love when he comes into the office because he is such a cute little boy; however, what we really want to see is him talking to his Christmas tree.  Shannon has expressed how enamored he is with not only the Christmas tree, but all the trees at the house.  He will walk up to the tree and using no words known in the English language, “Ob-La-Di, Ob-La-Da”, completely express himself to the tree.  

We know Christmas is going to be extra exciting for everyone at Shannon’s house, especially with all the new Christmas presents for Zane to climb.  Good luck Shannon, I have already been thru the climbing on the counters and talking to inanimate objects phase with my kids and I will just enjoy laughing at your stories during these times.

You Be the Judge

I am always trying to think of new ways to help prospective clients to understand if they have a case or not.  Knowing whether or not you have a legitimate lawsuit can be very difficult to figure out without the help of an attorney and without any legal background.  This is why I wanted to try out a new type of blog -new, at least, for me.  Every Friday I am going to try to submit a fictional event and it's subsequent lawsuit.  I will also submit the jurys decision in the case.  

The point is to try and guess the outcome before you read the jury's decision.  Some will catch you off guard and surprise you and others you will be able to predict.  Nonetheless, the more you read the more you will understand how difficult it can be to know, on your own,whether or not your case is valid. 

Following is the first submission of "You Be the Judge".  I hope you enjoy them, please let me know by posting a comment below.

  

You Be the Judge

THE DEFECTIVE GROCERY CART

A woman was injured while pushing a shopping cart through the supermarket when a jar of mayonnaise fell out of the cart and onto her foot. The jar had been placed in the built in child seat, which could also be used for additional storage space for groceries when the seat flap was put up. The woman sued the store, claiming that the bright red flap that was used to block the holes in the child seat was defective, and therefore the store was responsible for her medical bills.

DID THE COURT RULE FOR OR AGAINST THE WOMAN?

Zachar Law Firm Client Receives $122,388 Award

On October 21st this year Zachar Law Firm was able to help Selena Hutchens finally collect compensation for damages she received in her automobile accident which occurred five years ago. Trial and Arbitration Hearings went on for just under a year and her total awards came to $122,388.

On December 2, 2004, Selena Hutchens was the restrained driver of a 1995 Jeep Cherokee traveling northbound on Price Road in Mesa, Arizona. At the same time, Avelino Sandoval was driving his vehicle northbound on Price Road, directly behind Selena, and Dong Van Nguyen was driving northbound on Price Road, directly behind Sandoval.

As the vehicles approached Southern Avenue, an unknown vehicle (phantom motorist) exited the 101 off-ramp and veered across three lanes of traffic into Selena’s lane, causing her to hit her brakes hard to stop suddenly. Thereafter, she was rear-ended by Sandoval, who was hit Nguyen and again pushed into Selena.

As a result of the refusal of the insurance carriers to accept appropriate responsibility, Selena Hutchens hired me to represent her and Zachar Law Firm went to work. Through the course of litigation, paltry offers to settle were made, but none sufficient to properly compensate Mrs. Hutchens.

The case proceeded to trial in December 2008. After presentation of the evidence, the jury returned a verdict in favor of Selena Hutchens and against the Defendants, in the amount of $115,000. The jury founds that the phantom motorist was 80% at fault, and Sandoval and Nguyen 10% each. At that point, the case was resolved with the carriers for Sandoval (Allstate) and Nguyen (State Farm).

Thereafter, Selena Hutchens presented a claim for her Uninsured Motorist benefits with State Farm Insurance Company. (Under Arizona law, a phantom motorist falls within the purview of an uninsured driver, so long as the claimant can establish both the presence and fault of the unknown driver.) Selena had a $50,000 Uninsured/Underinsured benefits) policy with State Farm, and she demanded the Uninsured Motorist policy limits of $50,000. State Farm refused to accept the findings of the jury, and instead offered Selena $2,000 as payment in full. Selena rejected this offer, and pursuant to the policy terms demanded arbitration under the policy.

In the course of discovery, I determined that Selena not only had a claim for Uninsured Motorist benefits for any fault of the phantom motorist, but also, Underinsured Motorist claims for any additional fault of Sandoval and Nguyen. Therse claims were stated to State Farm and their counsel. Again, State Farm offered $2,000 to settle her claims.

On October 21, 2009, an Arbitration Hearing was held before an Arbitrator mutually agreed upon by the parties. Witness testimony and evidence were presented, as well as arguments for each position. Shortly thereafter, the Arbitrator returned a Decision in favor of Selena Hutchens and against State Farm in the amount of $235,000, finding that the phantom motorist was 50% at fault and Sandoval/Nguyen were a combined 50% at fault.

Per the Arbitrator’s findings, it was ordered that State Farm pay Selena Hutchens the full limit of both her Uninsured Motorist and Underinsured Motorist policies, for a combined total of $100,000. The Decision was not appealed by State Farm, and the Award is now final.