Zachar Law Blog

What if I can’t prove someone’s negligence caused my injury?

 

Is there any other basis for personal injury liability besides negligence?

Negligence is an action or a failure to act that results in injury to another.

It means that someone 1) did something they should not have done or 2) failed to do something they should have done.

Everyone is judged on a “reasonable person” standard. 

Question:  Would a reasonable person in the shoes of the accused wrongdoer have done it that way?

In order then to be actionable, harm and damage must occur.

If a wrongful act, but no harm, not a case; if no wrongful act but harm results, not a legal case.

I cannot fathom where a person’s “non-negligence” or “no-fault” could ever be actionable. 

If they didn’t do anything wrong, or you cannot prove it, the law says you cannot recover for it.

Remember, personal injury law can be very complex. Make sure you have the right law firm working for you. Having the right law firm will make all the difference in your case. 

Read More: http://www.zacharassociates.com/accident-injuries/personal-injury-faq-someone-causes-you-harm-do-you-have-a-right-to-recover/

Can I reject a personal injury settlement offer?

You have been in an accident. You hire an attorney, or you decide to handle the case on your own.

Eventually, you get to the point that the insurance company offers a settlement.  They say it is their top offer, and you just don’t feel it is fair.

What are your options?  Can you say no?  If you do, what next?

Our forefathers resolved this question 229 years ago, in a document you may have heard of:  The United States Constitution.

They established three (3) branches of government, one being the Judicial Branch.  Yep.  Our civil court system.

The purpose: To allow the people of the United States an 1) organized, 2) orderly and 3) peaceful system to resolve disputes. 

You think your case is worth more than the insurance company is offering? Okay, you have rights.  File a lawsuit.  Is that “bad”?

Well. The insurance companies want you to think so.  Why?  Simple:  They do not like being held accountable.

The court system is the most important system in the United States that keeps us safe and free; I am certain that our forefathers would all disagree with the insurance companies.

Don’t like the insurance company offer?  Go to a higher power.  File your lawsuit.

Read more about personal injury settlements and dealing with insurance companies here: http://www.zacharassociates.com/accident-injuries/phoenix-personal-injury-law/

What factors would cause my case to go to litigation?

 

An injury claim might need to be litigated for a number of reasons, either separately or in combination. These include:

- Denial of liability/Disputed liability: The adverse adjuster denies any fault by their insured;

- Comparative fault/Disputed liability: The adverse adjuster admits partial fault, but spreads the blame onto one or more other entities (including the plaintiff). If any one of those blamed deny fault, or if they can’t agree on the percentage of fault each bears, litigation might be necessary;

- Causation: The adverse adjuster admits negligence/fault for the accident, but denies that it caused you any injury (or as much injury as you claim/allege);

- Apportionment: If you had any pre-existing conditions/prior similar injuries, the adverse adjuster might try to blame a portion or majority of your complaints and treatment on your prior condition or history, claiming it is not accident related

Damages: The adverse adjusters admits negligence/fault, but argues that some of your treatment/medical charges are excessive in terms of frequency, duration, or costs. There could also be a dispute regarding other claimed out of pocket expenses such as lost wages/income. Of the adjuster may accept all of your medical treatment and bills as reasonable, but dispute the value of your “pain & suffering.”

Finally, these factors (and any offer on the table) are then weighed against the strengths and weaknesses of your case, the likelihood of a better outcome through litigation as opposed to a worse outcome at litigation, as well as the time and cost of litigation, etc.

Personal injury cases can be complex. Make sure you have the right law firm representing you. It will make all the difference in your claim. 

1 dead, 2 injured in head-on crash near Maricopa

One person died and two others were seriously injured in a head-on crash early Thursday on State Route 347 near Maricopa.

The wreck occurred just before 1 a.m. All lanes, northbound and southbound, were closed from Casa Blanca to Riggs Road for about seven hours.

Investigators determined that a southbound passenger car crossed over the unprotected, non-barriered median and crashed into a northbound tow truck near milepost 182.8 just south of Riggs Road.

At the time of the crash, it appears that neither of the occupants of the white 2005 Chevrolet were wearing seat belts.

The passenger, whom troopers identified as 34-year-old Justin Lamon Clark of Phoenix, was ejected and died at the scene. The driver, a 26-year-old woman, was taken to a hospital with serious injuries.

The tow-truck driver, a 41-year-old Maricopa man,  also was seriously injured and was taken to a hospital.

As of Thursday night, authorities had yet to determine why the Chevrolet crossed the median. Troopers are looking into impairment as a possible factor.

The DPS issued a statement:  “A major factor in the death and serious injury of the occupants of the white Chevrolet is the fact that they were not wearing their seat belts.”

While this may be true, it is also true that Arizona has a VERY SERIOUS problem of failing to use median barriers on the State highway systems. 

Read more about median barriers and cross-over collisions in Arizona: http://www.i10accidents.com/p/cross-over-collisions.html

According to the State’s own experts, median barriers are 95% effective in eliminating crossover accidents.

Indeed, the State did its own study, and in 104 events, the median barrier in place stopped a crossover event in 103 of them.  (The only time it did not was due to a car flying over the barrier.)

Despite these overwhelming statistics of barriers preventing these crashes and saving lives, the State appears to have no interest in getting them in place.  Urban freeway beautification and HOV transition ramps seem a higher priority for our State transportation department.

We sincerely hope that the State of Arizona will eventually do the right thing for all Arizona highway travelers:  INSTALL MEDIAN BARRIERS!!!!

I believe that my lawyer was negligent in handling my personal injury case and that I have been damaged as a result. What can I do?

If you believe that your lawyer made mistakes, and you have been damaged as a result, you may well have a claim for "legal malpractice".

In order to bring a claim for legal malpractice, you must prove that your attorney:

1) did something  

2) failed to do something that was different than the standard of care for attorneys practicing in the same area of the profession.  

Then, you must prove that you suffered damages because of your attorney's misconduct.

Read more about Arizona Legal Malpractice here: http://www.zacharassociates.com/personal-injury-wrongful-death-faq/legal-malpractice/

Attorneys are afforded no greater and no lesser protection then other professionals for misconduct which results in damages to their clients.  

And, in addition to the possibility of legal action against the attorney, State Bar organizations of each state exist to police attorneys and two implement discipline when the circumstances require it.

If you believe you are victim of attorney malpractice, seek a specialist in your area who handles these types of cases.

 

After the insurance company and my attorney agree upon settlement, how long will it take to get my money?

 

There are a number of variables involved. Also, disbursing settlement proceeds are different than receiving a settlement check.

1. Is the insurance carrier in–state or out of state?
2. Is the insurance carrier’s bank in-state or out of state?

• The answer to these two factors could impact how long it takes to get the check and/or how long it takes for the settlement check to clear once deposited into a law firm trust account.
• The settlement check typically arrives and is endorsed by the client, after which it gets deposited into a firm trust account. Once that check “clears” the trust account, all disbursements are made/paid (attorney fees, costs, medical bills, client’s in-pocket)

Read more about quick personal injury settlements. Are they good? - http://www.zacharassociates.com/accident-injuries/phoenix-personal-injury-law/

3. Does a release have to be signed and returned before the settlement check will be sent, or will the settlement check and release be sent together?

• Does the release merely require the client’s signature, or must the signature be notarized?
• Does the release require the signature of the client’s spouse?
• Obviously it takes longer to get the settlement check when the release must first be executed and returned to the adverse insurance carrier/adjuster before they even mail out the settlement check.

4. Was the case settled before a lawsuit needed to be filed or only after a lawsuit was filed?

• If settled before a lawsuit, the release and check come from the adverse adjuster
• If settled after filing a lawsuit, the check and release usually go to the defense attorney, who then forwards it to your attorney, which can add a few days or weeks to the process

5. How many medical providers did I see for accident-related treatment.

• If any providers will reduce what you owe them, this could delay final disbursement

6. Were any of my accident related bills paid for by a Health Plan under which I was covered and is that health Plan seeking reimbursement?

• Procuring confirmation of Health Plan liens and/or procuring reductions can also take time, depending on the Health Plan. If you were covered by AHCCCS or Medicare, this could cause delays in final disbursements

Typically, depending on the adverse carrier, a settlement check, and release (subject to the above wrinkles) is received within ten days to three or four weeks.

Legal FAQ'S: How long do you have to file an injury claim after an accident?

The amount of time to present or file a personal injury claim varies in Arizona, depending on 1) the type of claim, 2) the age of the injured person and 3) the type of wrongdoer.  

PLEASE NOTE:  Often, the calculation of the appropriate time period for a personal injury case requires the opinion of an experienced injury attorney.  The time deadlines are precise, and the mistake of missing one are unforgiving.  If you miss the deadline, your personal injury case is likely lost forever.  

A few examples of limitation periods in Arizona:

1. Auto accident - 2 years;
2. Any claim for a minor (under 18 years old) - until minor's 18th birthday plus the applicable time period;
3. Strict liability for dog bite:  1 year;
4. Assault or alcohol related (called "dramshop") - 1 year
5. Any claim vs. a government employee or entity - 180 days and 1 year (careful here)
6. Any claim vs. federal employee or entity - 2 years and 6 months.

The above list is not exhaustive, only some examples.  Be Avery careful here; oftentimes the above circumstances can overlap, and then the time computation can get even trickier.  Consulting with an experienced personal injury lawyer can be crucial in the process of determining and knowing your personal injury case time limitations. For a full list of the statute of limitations on personal injury in Arizona, please see: - http://www.zacharassociates.com/what-are-the-statute-of-limitations-in-arizona/

Do not guess and do not make this determination lightly. 

A mistake, even if innocent, can result in the complete and permanent loss of your ability to bring your case--regardless of the egregiousness of the wrongdoer's conduct, or the extent of your harm.

I have been injured in a car accident. How can I best prepare my case?

At the accident scene, take cell phone photos of the accident before any of the involved vehicles have been moved. Photograph the point of impact between the vehicles as well as the damage to the vehicles. Call law enforcement, even if the other driver admits fault to you.

Alternatively, ask the at-fault driver to immediately call the insurance (from the scene) and report the accident and admit fault for the accident.

If you are injured (or think you might be injured) seek medical attention as soon as possible. Insurance carriers like to see a proximal link between an accident and the first documentation of reported pains/injuries/treatment.

Consult an attorney before you speak with the at-fault driver’s insurance carrier. Insurance adjusters are not your friends and will often use information you provide against you.

Research attorneys before choosing one to consult. Read reviews, talk to friends and relatives. Interview an attorney before signing any fee agreement. Are they experienced? Are they accessible? Are they communicative? Will they litigate your case if necessary?

Surprisingly enough, many attorneys will associate with another firm to litigate your case if necessary.

Google self-driving cars head to Arizona to test desert road conditions

Phoenix, Arizona will be the fourth US location for Google's trials

Google self-driving cars are on their way to Arizona in order to test road conditions: Google’s head of business operations stated that Arizona was attractive for its unique desert conditions and to see how exactly self-driving cars would handle the extreme temperatures.

Testing self-driving cars in challenging conditions is key to making sure the vehicles safely operate.

Earlier this year, Google sideswiped a bus in which they took partial responsibility. Google’s vehicles have been involved in a number of accidents but the data showed that the other drivers were at fault.

What do you think? Does it bother you that one of Google’s cars caused an accident, but that Google only admitted “partial responsibility”? 

Next question:  If these cars become street legal, and one causes an accident, who is to blame? 

The driver?  Google?  Someone else?

At minimum, this issue must be spelled out in the laws of each state before any driver-less car is legal on the public roadway.

Distracted driving is becoming an epidemic: Let's put a stop to it.

April is distracted driving awareness month. It seems like an almost daily occurrence on the news. An accident that has been caused due to distracted driving.

 

It’s a growing epidemic that is running rampant nationwide.

 

It’s becoming such an issue that distracted driving has been compared to drunk driving. The only difference is that drunk driving is slowly starting to decline,

while distracted driving is on a sharp upturn.

 

The NHTSA compiled a list of stats that demonstrates the dangers of being a distracted driver which include:

• People who text while driving are 23 times more likely to die in a crash.
• Reaction time is 30 percent worse while texting and driving. Studies show a driver texting spends an average of 10 percent of the time outside the correct road lane.
• A driver whose eyes are off the road while traveling at 55 mph covers more than the length of a football field in five (5) seconds, the average time it takes to look at a text message.
• In (2014), 3,179 people were killed and 431,000 were injured due to distracted drivers.
• Ten percent of teen drivers involved in fatal crashes were reported as being distracted at the time of the crash.

There are a lot of scary crash videos to view online.  The following is not one of these, but, it is just as powerful a message:

 

 

 

Do not text and drive.

 

REPEAT:  DO NOT TEXT AND DRIVE.

 

Really.  Any questions??