Zachar Law Blog

Can the insurance adjuster limit the medical treatment I receive?

Answer:  No.

For claimants unrepresented by an attorney, adjustors try to do this all the time. Minor accident? Minimal Damage?  Have you heard these arguments?

As my dad used to say, “What does that have to do with the price of apple butter?”

The answer:  Nothing.

While we all have the same parts, we are all put together a little bit differently.

Young/old; short/tall:  Thin/heavy; good shape/not so good shape; healthy/no so healthy.

There are so many variables as to whether one sustains injury in an accident.  An insurance company adjuster has no clue.

They have no medical training, no license to practice medicine, they have never even met you little less made a medical examination.  How do they know if you are hurt and need medical care?

If you are getting this argument, it is a sign that the adjuster already is poo-pooing your claim.  What do you do about it?

My advice:  Seek the opinion and review of an experienced injury attorney.  The meeting and advice is free.  Get better educated, then make your decision.

Any questions?

Why does the insurance adjuster say that they can resolve my case without involving an attorney?

ONE REASON: The adjuster does NOT want you to hire an attorney. 

Why? 

Because the adjuster knows that he/she knows the system better than you, and can game you in negotiating your case.

Because the adjuster knows that an experienced attorney knows the system better than the adjuster knows the system.

Because the adjuster knows that he/she will have to pay more money if an experienced attorney is involved, and they do not want to do this.

Years ago, one of the big insurance companies got in a lot of trouble by telling people “don’t hire an attorney, you don’t need one, we’ll take care of you”.

The court ruled that the “you don’t need one” was really giving the claimants legal advice (and bad advice at that), and only attorneys are allowed by law to give legal advice.

If an adjuster tells you this, be suspicious. Ask: Why do they not want me to hire an attorney? Whose best interests does this really serve?

Damage Releases From Insurance Companies: Should you sign them without a lawyer?

Question: I have received medical and property damage releases from the insurance company adjuster or other parties. Should I sign them without a lawyer?

Answer: That all depends. Once you sign a release, you are essentially giving up any future claims, be they known or unknown at the time.

We recommend against signing any injury release if you are still receiving medical treatment, or anticipate needing any medical treatment. Body shops often turn up additional needed repairs once they begin working on your car, so signing a property damage release before repairs are completed may preclude you from recovering those additional repair costs.

Body shops often turn up additional needed repairs once they begin working on your car, so signing a property damage release before repairs are completed may preclude you from recovering those additional repair costs.

Also, be careful of the release language, as an injury release may include language also releasing any property damage claim, and vise a versa.

Personal injury cases are never easy. There are many variables that are involved and they can be confusing at times. Remember. Protect your rights. Hiring the right personal injury law firm can make all the difference in your case. 

Should I talk to more than one lawyer before choosing who to hire?

That all depends on how comfortable you feel with the attorney(s) you’ve spoken with.

If you believe the attorney you’ve consulted is experienced, competent, and will do right by you, it may not be necessary to consult another attorney.

However, if you have any questions or concerns as to the quality of the representation you will receive, by all means consult as many other attorneys until you are satisfied that the attorney you’ve chosen will meet your needs.

Remember, some things to consider when shopping for an attorney:

The attorney’s experience and qualifications, as well as their caseload.

Many advertising firms work on a volume basis where the assigned attorney has such a large caseload that he/she does very little actual work on your file, depending instead on their support staff. Is your assigned attorney a certified specialist?

Will the attorney/firm litigate your case in the event a fair settlement cannot be negotiated?

Many firms handle pre-litigation cases, but then associate with other firms or attorneys to litigate your case if necessary, and they don’t necessarily volunteer this information during your initial consultation.

Will you meet with your actual attorney before retaining an attorney or law firm? Many firms send couriers to meet with you and sign you up.

Others have paralegals meet with you. We are often contacted by clients wanting us to take over their files after having never met their attorney at a firm they had originally retained.

I want to file a personal injury claim, but I don't want to end up in court. How do I avoid this?

You are not alone.  Rarely does a person want to end up in a courtroom. 

I have told people for years:  If you don’t want to end up in court, then look for an experienced trial attorney to handle your case.

Better yet—look for a Certified Specialist in Injury and Death law.

Now you are asking:  What??  Did you hear me??  I said I DON’T want to be in court.

Yes, I heard.  And my answer stays the same.  Let me explain.

The truth is, no one wants to end up in court.  That includes the insurance companies and their lawyers. 

So, if you hire an attorney for your case who is not really a trial attorney, what happens?   

What happens is the insurance company and its lawyer will know that your attorney is not a trial attorney.  They will know that your attorney has no experience, and as such, does not really intend to file a lawsuit to get you all that you deserve, and certainly does not intend to fight for you all the way to a courtroom (if necessary). 

They will then lowball you, because there is no threat to them.  No threat of a lawsuit, and no threat at all of going to court.  They are not afraid of idle threats, only real ones.  Your non-trial attorney’s track record will sell you out.

Now, change the scenario.  You hire a trial lawyer, preferably one that is a Certified Specialist in Injury and Death law.  Now what happens?

Now, you attorney IS a threat to the insurance company and its lawyers.  They know that your trial attorney, with a proven track record of filing lawsuits, litigating cases and going to trial, is serious about taking your case all the way to trial if needed.

Remember what I said above?  “…No one wants to end up in court.  That includes the insurance companies and their lawyers.”

If they know your attorney is serious and has the proven record, they will get scared.  They will want even more to avoid a trial.  The result is that the insurance company will offer more money to settle your case.

So, thought you think that the best way to avoid court is to hire one of those TV lawyers who promises money and a settlement, you now know that the real BEST way to get all that you deserve is to hire an experienced Arizona trial attorney.

Any questions? 

What damages am I entitled to after suffering a personal injury?

Arizona has specific laws on the items that one can recover when involved in an injury accident.

Here is the list: 

In Arizona, the person who brings the claim has the burden of proving each and every element listed above, as well as the dollar amount.

Gathering the evidence, witnesses and documents to be able to do this takes a great deal of investigation and time, and often a significant expense. 

If you are involved in an accident, do you know what to do?  Do you know how to gather the evidence you need?  Further, even if you have it, do you know the rules of what you can and cannot say or present in court for a personal injury case?

These can be very precise and complicated issues. Even experienced attorneys struggle with what gets in and what doesn’t.  Judges sometimes get it wrong.

Can you take this chance in your case? Don’t you want the best trial attorney you can find, one who knows the law and the rules of evidence?

Don’t take chances in your case. Find and consult with an experienced Arizona trial attorney.

Better yet, find a trial attorney who is a Certified Specialist in Injury and Death law.  That way, you can be assured that you have the best working for you, to get you all Arizona law says you are entitled to. 

How long will my personal injury lawsuit take?

Every case is different. Typically your case will not resolve until several months after you’ve completed your accident-related treatment.

An injured person usually treats until they are either back to their pre-accident condition, or reaches a point of maximum medical improvement. For soft tissue injuries, this could be a matter of months while for more objective injuries (fractures, surgeries, etc), this time frame can be much longer.

Once done treating, your attorney orders your records and bills, drafts a settlement demand, reviews it with you before submitting it to the adverse adjuster. Thereafter, the adjuster usually takes thirty days or more to review it before making an initial settlement offer, after which continued negotiations take place until a fair and reasonable settlement is agreed upon.

Unfortunately, adverse adjusters are getting stingier these days and fair offers never come during settlement negotiations, resulting in our filing more lawsuits on behalf of our clients against the at-fault driver.

Cases worth less than $50,000.00 are certified for arbitrations, which usually take approximately six months from filing to arbitration hearings.

More valuable claims, plus appeals from arbitrations, are certified for jury trials which can take up to a year or more before reaching a jury.

Of course, many litigations cases still settle during the litigation process itself, as only a small percentage of litigation cases actually go to trial.

Is there a minimum personal injury settlement amount?

There is no minimum personal injury settlement amount. In fact, every case is different, depending on factors and variables specific to your situation.

Some insurance adjusters will rush to offer an injured person a “nuisance” value settlement within days of an accident, and sometimes, even at the scene of an accident. This is an attempt to procure a “release” from you before you even know if you’re hurt, realize if you’re hurt, and/or procure any treatment.

Such nuisance value settlement offers are usually a few hundred dollars.

Be careful agreeing to such offers because once “accepted,” you cannot go back and ask for more if after that you realize that you had indeed been hurt worse than you initially thought. This is a good reason why you should call an attorney before agreeing to any settlement.

Variables to consider in evaluating the worth of your claim includes the severity of the impact (if an auto collision), the severity of your injuries, the type, length, and cost of your medical care, your prognosis upon completing treatment, out of pocket expenses such as lost wages, and personal aggravation (any adverse impact on your life) as a result of your injuries.

Other variables to consider are the amount of liability insurance coverage available, as well as any available first party coverage, such as UM/UIM (uninsured/underinsured coverage), Medical Payments coverage, and the type of your Health Plan (if applicable).

When in doubt, call an attorney. We are happy to provide a free consultation.

IS YOUR ATTORNEY AN EXPERIENCED ARIZONA ATTORNEY? YOU BETTER ASK

The average high March temperature in Phoenix, Arizona, is a comfortable 77 degrees. Meanwhile, the Midwest is again blanketed in snow.

Who in the Midwest or eastern United States doesn’t long for the Arizona climate in January, February and March? 

At the beginning of this year, the Arizona Supreme Court lowered the requirements for out-of-state lawyers to begin practicing in Arizona.

While in many cases, Arizona requires lawyers to pass the bar exam for admission even if they practiced previously, lawyers admitted by examination in states or jurisdictions maintaining reciprocity agreements with Arizona may apply for admission on motion without taking the bar exam if they have been practicing law for at least three of the five years immediately preceding the application date. 

Previously, the requirement was active law practice in a reciprocal state for at least five of the previous seven years. Additionally, several requirements relating to hours spent and income derived from practicing law were eliminated.

These changes will particularly enable young lawyers to move to Arizona more quickly after they have graduated law school in another state. OK, so wait.  If a person did not go to law school in Arizona, did not take the Arizona bar exam (demonstrating a knowledge of Arizona laws) and has been working as an attorney for 3 of the last 5 years (what were they doing for the other 2 years?), they can move to Arizona and start things up? 

Is this a good idea?  Is it good for the people of Arizona? Did you know that an attorney does not have to be licensed to practice law in Arizona to own and operate an Arizona law firm?  That’s right.  They only need at least one (1) licensed Arizona attorney working there. 

Now, our Supreme Court has lowered the bar even more.  The next time you need an attorney for anything, you now will have a whole new set of questions to ask. 

Did you go to law school in Arizona? Did you take and pass the Arizona bar exam (or some other state)? Are you licensed in Arizona?

How long have you been practicing in Arizona? Be careful here.  Arizona has laws that are very particular to Arizona.  If your attorney is not familiar with our laws, it could prove fatal to your case. Do the research.  Find the right attorney for your case.  Look for a real Arizona attorney, not a snowbird lawyer.  

Social Host Liability in Arizona. What is it?

One of the many problems we face today is the problem of drunk driving. Drunk driving injures and kills thousands of people and affects the lives of countless others. One of the unique areas of law that deals with drunk driving is the concept of Social Host Liability.

Social Host Liability is a concept that seeks to hold the person who provided the alcohol to the drunk driver responsible for the injuries caused by the drunk driver.  Presently in Arizona, a “social host” cannot under any circumstances be held responsible for one of his/her guests who drinks (even to extreme excess) and then causes an accident after leaving the party.

What is a Social Host?

The first question to consider is who is a social host. A social host is the person who holds a gathering of any kind, from a two-person dinner to a large company party, birthday party, wedding, etc...  A social host can be an individual, such as who or I who hold a party at or home, or a corporation, or a group (such as a social organization). The size of the event is irrelevant; it can be a single guest to thousands of attendees. The location of the party is also irrelevant.  As long as the alcohol that is provided is FREE, generally the person supplying it is classified as a “social host”.

When is a Social Host Liable?

In most states, a social host is liable for damages (both physical and financial) suffered as a result of a drunk guest who causes injury to another person when all of the following requirements are met:

• The social host served alcohol to the person who caused the personal injury or property damage in question;
• The social host knew, or should have known, that the person who caused the personal injury or property damage was intoxicated; and
• The social host knew that the person who caused the personal injury or property damage would be driving after the social occasion.

All of these requirements must be meet for liability to arise under the Social Host Liability principles. The social host is not automatically liable if their guest injures someone or something while intoxicated. It is only if all of the above requirements are met that the social host is liable.

How is Arizona law Different?

Arizona does not follow the same concepts of Social Host Liability as other parts of the country.  In fact, Arizona has adopted a specific statute which limits a social hosts liability.

4-301. Liability limitation; social host

A person other than a licensee or an employee of a licensee acting during the employee's working hours or in connection with such employment is not liable in damages to any person who is injured, or to the survivors of any person killed, or for damage to property, which is alleged to have been caused in whole or in part by reason of the furnishing or serving of spirituous liquor to a person of the legal drinking age.

Under Arizona law, a social host cannot be held liable for injuries suffered as a result of someone who attended a party and injured someone while intoxicated. There are only two exceptions to this general rule: First, if the social host is licensed to sell or provide alcoholic beverages that person can be held responsible; Second, if the intoxicated person is under the legal drinking age.

How Can a Social Host Avoid Liability?

While Arizona has eliminated Social Host Liability in most cases, it always better to be safe than sorry so here are some tips to avoid social host liability in Arizona or other parts of the country. The safest way of avoiding liquor liability as a social host is to not serve alcohol at your social events. If you decide to provide alcohol at your event here are a few ideas to try and reduce or potential exposure:

• Have a designated driver program for your function and encourage people to be designated drivers – provide non-alcoholic drinks for these guests and make sure they have the car keys.
• Limit the amount of alcohol at your event and limit the amount of alcohol per attendee
• Hire bartenders top monitor the serving of alcohol. While this does not release you from liability, it may provide additional protection to reduce your potential exposure.
• Insure your homeowner’s or business insurance covers liquor liability. If it does not you may be able to purchase single-event insurance for a large event.

While Arizona currently has no social host liability, we have seen many circumstances where a single event can change the law in Arizona.   

Lesson:  If you are serving alcohol at a party or gathering, please do so responsibility.  Monitor your friends and guests, and if it appears someone is drinking too much, cut them off, take away their keys or arrange for alternate transportation.  If they refuse, do not hesitate to call the police to come assist.  The inebriated guest and all of the innocent people on the road will be grateful to you for the tragic accident that never occurs because you were responsible enough to watch, listen and care.