There is information and rumor
about that Lawyers take more money from
settlements than they give their clients.
Some seem to think that big awards for clients means big
awards for Lawyers. Some even go as far as to think that the Lawyer takes the
majority of the settlements, leaving close
to nothing for the client.
Is this true?
Generally, this is just
flat out false. Civil justice attorneys rarely charge an hourly fee like other
attorneys. Instead, they work on a
“contingency fee” or percentage basis. This
means if they win, generally they get a percentage of the damages awarded to
the client.
This contingency fee system allows
every American, no matter how poor they may be, an opportunity to asserts their rights in
a court of law with experienced, competent legal
representation. We live in a society of laws and
civility. In is crucial to maintain a lawful society that we have a means
of enforcing the laws, and that we have a means of holding accountable those
persons and companies who cause harm. If this did not exist, would anyone
take responsibility to pay for their harms? Really?
The answer is N-O.
Contrary to belief, lawsuits do
not make anyone rich. And contrary to rumor, good, experienced attorneys
never make more fees in a case than they give their clients.
If your attorney wants more,
move on. If he/she cannot promise you an equal share at the end of a
case, look elsewhere.
The warm weather is on its way back to the Valley. Which
means that everyone will soon start getting their pools ready for both the late
spring and early summer months to help deal with the 100+ degree weather that
we get annually. Every year we see it
on the news, drownings upon drownings all throughout Arizona. Campaigns are
always launched to protect children around water, but unfortunately every year
we see a spike in water related deaths among children.
We always try to help everyone with tips and advice when it
comes to safety to you and your loved ones and pool safety is no different.
We’ve compiled a list of ways to make sure you and your loved ones are safe
while enjoying the water this summer.
Don’t
ever swim alone.
Never
leave a child alone near water. If you must leave, take your child with
you.
Enroll
children over age three in swimming lessons taught by qualified
instructors.
In
addition to water safety relating to swimming pools, you must be aware of other
drowning dangers, especially for children, in and around your home. These
include bathtubs, decorative ponds, and even mop buckets. It only takes 2
inches of water and a couple of minutes for a small child to drown.
Carelessness
while participating in water sports, including boating accidents, tubing, and piloting
personal watercraft, contributes to many drowning deaths in Arizona. Following
these water safety tips from the National Safety Council can help prevent such
tragedies:
Always
use approved personal flotation devices (life jackets).
Don't
jump or dive into unknown bodies of water.
Always
have a first-aid kit and emergency phone contacts handy.
Never
consume alcohol when operating a boat or other watercraft.
Arizona is a
wonderland for outdoor recreation throughout the year. It's also well known for
being consistently above the national average for drowning deaths. Water safety
is serious business.
Following these
few simple rules can keep your outdoor activities fun, and your friends and
family safe for many summers to come.
Auto Accidents are the number one killer among teens in the
United States. A young person’s risk
of being hurt or killed in an accident increases
after the age of 12. The key to almost every accident?
A combination of distracted driving and inexperience.
It is a fact:Car
crashes end more teen lives every day than cancer, homicide and suicide
combined. Many of the injured teens are
passengers of other teen drivers. So even if you’re not yet driving, you can educate
yourself for safer travels on the road.
Riding with a teen driver can be dangerous. Due to inexperience, most simply don’t know how
to handle a situation where it might require a quick
decision/reaction in order to avoid an
accident. These dangers increase
tremendously at night. Most teen
drivers still have yet to get the needed
practice in driving at night which can lead to serious consequences. The only circumstance more dangerous than teen night
driving? Cell phones. Calls and texts and Instagrams and
emails. These distractions cut a
teen’s attention span nearly in half. Not good for ANYONE, bur especially an inexperienced driver.
It’s important make sure that your teen has experience and
practice before heading out onto the big roads. Though they might have their
license, it doesn’t mean that they won’t learn more while you are in the
vehicle with them. Education and training is paramount to keeping everyone
safe.
Also remember, seat-belts save lives. Make this a requirement for your teen driver (and
yourself).
Over the past 10 years there have been injuries and deaths
reported at some of the biggest sports venues in the United States. Last
year in Texas. a fan fell to his death from the stands when a player attempted
to throw a ball into the crowd. In another incident, a 2 year old child died
falling from a luxury suite. Elsewhere, spectators were injured at a game
when they were caught in the middle of two teams fighting one another which
ended up in the seats.
For the most part, injuries sustained at sporting venues are
not only common. however, when they do occur they can range from minimal
to life changing.
According to the Football Licensing Authority,
spectators reported a total of 1,386 injuries during the 2009-2010 season
alone. Those who attend the sporting events are presumed to know that they are
taking a risk of being injured. The injury can stem from a bat, ball, puck, or
any other kind of flying object. It’s part of the game even though owners have
a duty to provide safety for the most dangerous parts of the venue itself.
If negligence is involved, that is a different story in its
entirety. Even though a spectator has assumed the risk of injury once
they step into a sporting venue, the facility still has a legal responsibility
to act reasonably in maintaining its premises, free of any known and
preventable safety hazards.
These questions are not simple.
If you get no assistance from the operators, seek a legal opinion from an
experienced injury attorney. You may or may not have a case, but you won't
know until you ask.
There are many examples in the media today of dogs attacks,
from the dogs simply nipping at someone to catastrophic injuries caused by
them. Many people don’t think about the costs that can come from a horrific dog
attack and just what kind of damage they can really do.
In 2011 alone, a survey showed that insurance companies paid
nearly $479 million in claims. It is one contributing factor for the costs is
the rising cost of health-care. The majority of dog attacks occur on the face ,
making necessary and a plastic surgeon in order to repair the victim’s
injuries. Nearly 31,000 people had reconstruction surgery due to being
bitten by a dog in 2006.
Certain breeds of dog that are popular amongst the general
public are responsible for most attacks. A study published in the
Annals of Surgery in the spring of 2011 said that “attacks by pit bulls are
associated with higher morbidity rates, higher hospital charges, and a higher
risk of death than are dog attacks by other breeds of dogs.”
While most dogs as domesticated animals are great companions
and friendly, be leery of another's dog which you do not know. Always ask
permission to pet another's dog, and if with your child, stay close and
vigilant. Children are bitten more often. Why? Namely because
of their height. Looking a dog in the eyes can represent a
"challenge", and children are just about the right eye height.
Be careful, but also be educated. Dogs are fun loving animals. They can also be our greatest companions. But just like with anything else, always stay alert and aware of what you are doing and how it could possibly aggravate the animal in anyway.
This month is TBI awareness month. Traumatic Brain Injuries can sometimes be
the hardest thing to diagnose and can also be the most catastrophic. Each year
nearly 1.7 million people suffer some form of a TBI.
Head injuries
are not like injuries to other parts of the body. A blow to the head can cause
damage that can affect all aspects of the mind – from the five senses to the
ability to reason, from sleep patterns to personality.
The changes can be profound, or, can be quite subtle. Sometimes the
effects are not recognized for many months or even years.
Traumatic Brain
Injury (TBI) is caused when the head suffers a sudden trauma. TBI can be caused
by a car accident, fall, bullet, sports injury, or explosive shock. The extent
of damage can range from mile to severe, depending on the specifics of the
injury. A victim of TBI may or may not
lose consciousness, but will experience some of the following symptoms: Headache, confusion, dizziness, blurred
vision, lightheadedness, bad taste in the mouth, ringing in the ears, fatigue,
mood changes, trouble with memory, trouble sleeping, inability to concentrate,
or struggles with thinking and paying attention.
Severe cases
include symptoms such as headache that gets progressively worse, repeated
vomiting and nausea, convulsions, seizures, dilation of the pupils, slurred
speech, loss of coordination, confusion, agitation, restlessness, numbness of
the extremities, loss of consciousness, and inability to awaken from sleep. Less severe cases can include mood changes, some
memory loss or forgetfulness. Medical attention should always be
sought immediately any time a head injury occurs, even if you initially “feel
OK” after a blow to the head. TBI can lead to a permanent brain and nerve
damage.
Below are
national TBI estimates across the nation to show just how dangerous Traumatic
Brain Injuries really can be.
National TBI
Estimates
Each year, an
estimated 1.7 million people sustain a TBI annually.
TBI is a
contributing factor to a third (30.5%) of all injury-related deaths in the
United States.
About 75% of
TBIs that occur each year are concussions or other forms of mild TBI.
TBI
by Age
Children
aged 0 to 4 years, older adolescents aged 15 to 19 years, and adults aged
65 years and older are most likely to sustain a TBI.
Almost
half a million (473,947) emergency department visits for TBI are made
annually by children aged 0 to 14 years.
Adults
aged 75 years and older have the highest rates of TBI-related
hospitalization and death.
TBI
by Gender
In
every age group, TBI rates are higher for males than for females.
Males
aged 0 to 4 years have the highest rates of TBI-related emergency
department visits, hospitalizations, and deaths.
TBI
Estimates by State
CDC currently
funds 30 states to conduct basic TBI surveillance through the CORE state Injury
Program.
To find
TBI-related death and hospitalization data by participating CORE states, see State Injury
Indicators Web-based Query System. (Note: Not all states participate in the
submission of TBI- and other injury-related data compiled in this report.)
Costs
of TBI
Direct medical
costs and indirect costs such as lost productivity of TBI totaled an estimated
$76.5 billion in the United States in 2000.
With these kind of statistics, Traumatic Brain Injuries should never be taken lightly. Even if you feel fine after a car accident or suffer a blow to the head while playing a sport, it's always very important to get it checked out. Be safe everyone.
“Move over or get pulled over” is a new
slogan from the campaign “Move Over Arizona” that just launched this month. This law
has been around for about a year. It says that drivers need to slow down or
move to a different lane if they see law
enforcement officials pulled over on the side of the highway. A new addition was added last year to also
include tow truck drivers, stranded drivers and vehicles with flashing lights
on the side of the highway.
But according to the Arizona Department of Transportation, many people are
not aware of the law and others simply just don't follow it. That is the reason why every Monday in March law
enforcement officials will be on the lookout for drivers who break this law. If a driver is caught disobeying this law, they could be slapped with a
fine up to $180.00.
According to ADOT, highway workers have very dangerous jobs not just here in
Arizona, but across the nation. Twenty-three
highway workers are killed every month nationally. Tow
truck drivers also risk their lives to help stranded drivers on a daily basis. In fact, one tow truck driver is killed
about every six days in the United States.
With these statistics, it makes sense that these laws exist to keep everyone
safe. It is not intrusive and it does not
infringe upon anyone’s freedom. It simply says “drive a little safer”
when you see these occurring in front of you. If you can pull into
another lane, do it. If not, slow down a bit to be cautious.
With this law put in place, will it help prevent auto accidents on Arizona freeways? Will it help those who have to be on the side of the road risking their lives everyday to do their job? Sure. This is something that needs to be made aware to all the public in Arizona. Let's hope that with this campaign, it will protect many more lives.
Spring break is just around the corner and we know that many
college students will be found on beaches in the warm and sunny weather venues. With that relaxation being the main priority of most, many tend to forget the simple things to remember in order to keep themselves safe. Below are 10 tips to help you stay safe while on vacation during spring
break:
1.
Book a hotel in a central location to limit the need to drive.
The closer your hotel is to the beach, downtown or other areas where you plan
to spend most of your time, the less likely you'll be to get lost or to be
involved in a car crash. Avoid unlicensed taxi cabs by asking your hotel,
restaurant or club to summon a ride for you, and if in doubt, pass up the car
and wait for another one.
2.
Avoid going out and/or traveling alone at night. There really
is safety in numbers, and you and your friends can watch out for each other.
Walking alone or even clubbing alone can make you a vulnerable target to people
whose intentions are less than pure. Even a two-minute walk can be dangerous
when you're alone at night - especially if you've been drinking.
3.
Never go off with a stranger. Spring break can be a great time
to meet new people, but that doesn't mean you should leave your group of
friends to spend time with people you don't know. Even if your new
acquaintances just want to walk down the street, stick to your group or at
least bring along someone you know and trust.
4.
Limit alcohol consumption to a reasonable level. Overdoing it
on alcoholic drinks impairs your judgment, making you more susceptible to
accidents and crime. Pace yourself, and avoid drinks with high alcohol content,
like shots. Not only is it safer all around, you'll feel a lot better in the
morning. If you plan to drink, always designate a sober companion in your group
who can make executive decisions about everyone's safety.
5. Buddy System Yes, it sounds a little like summer
camp in the third grade. However having an appointed buddy while on spring
break is the number one best safety precaution. Especially if you are traveling
in a large group, this person should help to make sure you get from place to
place and keep tabs on you at clubs and when drinking. This works both ways, so
you should keep an eye out for them too.
6.
Remember that sun exposure and alcohol don't mix. Spring break
often involves lots of time lounging in the sun and in hot tubs, both of which
can intensify the effects of alcohol in the body. Take it easy, and remember to
slather up with sunscreen with an SPF of at least 15, even when it's cloudy.
7.
Use appropriate safety gear for sports and other recreational activities. Whether
you're driving a scooter, skateboarding or just riding on a boat, protect
yourself with any necessary equipment like helmets, knee pads and life jackets.
8. Don't Drink and Drive No kidding, but when you’re
under the influence in a foreign place, people can make bad decisions. Best
bet? Just take a cab.
9.
Know what to do in an emergency. It's easy to forget that in
foreign nations, the phone number for emergency response is not 9-1-1. A State
Department website called Students
Abroad provides a list of these numbers along with detailed tips for health
emergencies, evacuations, natural disasters, crime victims and assistance to
U.S. citizens arrested abroad.
10.
If you're traveling abroad, sign up online for the U.S. Department of State's Smart Traveler Enrollment Program(STEP).
The STEP program enables the State Department to contact you in case of a
family emergency, or to notify you of a crisis near your travel destination. You
can also download a Smart
Traveler iPhone App that provides additional tips and information.
Remember, staying safe should be the main priority of anyone. Especially those who are going on vacation or just taking a break from the same routine and heading out of town for some recharging time. Be safe everyone and have a great spring break!
Nearly 900 commercial truck drivers were pulled off the road in a two-day
effort to make driving safer on Interstate 10 in southern Arizona. In a
joint effort between the Arizona Department of Public Safety and the state
Department of Transportation, 826 commercial vehicle inspections were conducted
late last month.
It was held on I-10 between the Arizona-New Mexico border and
the Maricopa-Pinal county line. DPS says most of the 109 drivers were
taken out of service because they were found in violation of driving hours. Equipment violations as well as safe loading violations caused 44 trucks
to be taken off the road. The equipment violations included problems with
brakes, lamps, steering, suspension, tires and wheels.
This is becoming a bigger and bigger danger in AZ. The State estimates
that as much as 1/3 of the vehicles on the highways are trucks. Further,
the State's resources are seriously stretched for manpower to perform
inspections to get the dangers trucks off the road. We've featured articles of truck accidents in Arizona many times before and know that there is no one way to prevent it. But from what it looks like, this alone can and probably did safe lives. Great work.
It's been awhile since we've added to our "Personal Injury Frequently Asked Questions" blog regarding personal injury and wrongful death law. So we decided to take this post and dedicate it to your questions. Please be sure to always check back as we will be adding to this topic frequently. Also, if you have any questions that you'd like to ask us, feel free tocontact Zachar Law Firm anytime. We hope everyone has a safe and fun weekend!
Is my employer
liable for the damage to my car for an accident that occurred while I was on
duty.
Why? Did your
employer do something wrong? The one who caused damage to your car is
responsible for your damage. If another driver, then hopefully he/she has
insurance. If you caused the damage, then you are responsible.
Do I need pay back
my med insurance for bills they have covered for an accident where the other
drivers insurance paid me?
If you are talking
about health insurance, the answer is: Maybe. Different types of
plans have recovery provisions, and different states have differing laws on
this issue. It is best to check with an attorney in your area experienced
in these matters. Most experienced personal injury attorneys know
this area of the law well.
Can the other
drivers car insurance company accept liability, return my deductible, then deny
my bodily injury claim?
Can they? Yes. This happens all the time. Your avenue of recovery is through
the courts. Luckily for EVERYONE, insurance companies don’t get to make
the final decision.
My attorney says
they are filing a complaint against the insurance company what does that mean?
A “Complaint” is
generally the name given to a lawsuit. Your attorney is filing a lawsuit
against the other party.
The car that hit me
while i was riding a bicycle has no insurance,
what’s my next step?
Were you
injured? Do you have medical bills? Do you have a car?
Insurance? There may be an avenue that way.
The person who hit you
is no less responsible just because he/she doesn’t have insurance. I
suggest you talk to an experienced personal injury attorney.
If my son was
involved in an automobile accident and he was at fault , can we sue if there
are injuries. we had full coverage?
Who would you sue, and
for what? Your son was at fault. There is no one responsible for
his injuries but him. He cannot sue himself.
