Zachar Law Blog

Bodily Injury Claims: Everything You Need To Know

Question:  What exactly is a bodily injury claim?

Answer:  A person has the right to assert a “bodily injury claim” when they have suffered injury or harm due to someone's negligence.

When a person has a duty to others to act reasonably, failed to do so and causes harm, the victim can assert a “bodily injury claim”:

• A driver going too fast and loses control and causes a crash;
• A store owner notices a spill, fails to clean it up and a customer falls;
• A medical provider provides the wrong treatment to a patient, and the injury worsens;
• A dog owner knows their dog is a biter, fails to control their dog and it injures someone;
• A government entity knows a roadway is dangerous, does nothing, and a crash occurs.

Question:  What information do you need to assert a claim against another for a bodily injury claim?

Legal responsibility is premised upon the concept of “fault”.  Many times, to avoid liability, the at-fault party denies fault.  In order to prove your claim and be compensated for your bodily injury claim, you have the burden to prove liability, fault and damages.  These can be complicated. 

Question: How much is a bodily injury claim worth? 

Answer:  Every claim is different.  1) Nature, 2) Extent and 3) Duration of the injury determines value.

 

A bodily injury claim does always end when you are released from medical care. At the end of the medical care, a person is generally in one of two places:  1) completely restored to your pre-incident condition or 2) ongoing symptoms that need time for which continued therapy will be of little benefit. 

A “bodily injury claim” includes compensation for your medical bills, lost wages, out of pocket costs, scarring or disfigurement and your pain & suffering.

In assisting our personal injury clients, Zachar Law Firm investigates and gathers all of the evidence needed to prove your case.  In the process, Zachar Law Firm professionals will develop a value range for your claim and submit a settlement demand to the at-fault party’s insurance carrier.  If we can settle the claim without finishing a lawsuit, great.  If not, and litigation is necessary, we are fully prepared and geared to take that step in getting you the full compensation you are entitled to. 

Questions regarding your case? Feel free to call us to discuss your case and options: http://ZacharAssociates.com | 602.494.4800

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Mild Concussions & Brain Trauma: More common than you think after a car crash

The most commonly missed diagnosis in motor vehicle collisions is also one of the most common injuries.

Car crashes even if minor, can cause injury. Concussions are a very common injury when it comes to any type of car crash.

In a nutshell, a concussion is a blow or jolt to the head that can change the way your brain normally works. Concussion recovery times can vary greatly.

Most people who sustain a concussion or mild TBI are back to normal by three months or sooner. But others, have long-term problems remembering things and concentration.

Crashes can be so minor that neither doctor nor patient makes the connection.

• 50% of all concussions occur in a motor vehicle collision
• 70% in a low speed collision can suffer a concussion
• 80% in a high speed collision can suffer a concussion
• 56% of motor vehicle collision concussions that are seen in the emergency department are not diagnosed
• 100% of patients who are not diagnosed will not get the treatment they need and deserve
• 50% is the minimum reduction attorneys will ask of you if you have not diagnosed, documented, and managed this condition

There are many forms of  Traumatic Brain Injury. They can range from mild to extremely severe.

Difficulty in recalling things, or lapses in thoughts can be signs. With a TBI, the possibility of losing consciousness is possible, but isn’t always the outcome.

“coup-contra coup” is a consequence of when the brain is moving around the inside of the skull from a whiplash type motion. This can result in symptoms that may last for months or sometimes years.

Remember: Traumatic Brain Injuries can be very serious. Take the injury serious and get the proper care needed. 

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How do you determine a value of a personal injury case? What factors are involved?

What you thought you knew and what you didn't know about slip and fall injuries

Proving Fault in Personal Injury Accidents: What you need to know.

How to decide who is legally at fault for an accident or personal injury.

There are many complications that can arise when determining legal responsibility (liability). Most of the time, liability rests on whether someone was careless or negligent. This brings the simple question, how do you determine fault in an accident?

How is liability determined? How do you prove that the accident wasn’t your fault? What’s involved?

“Fault” for an injury depends on the type of accident/injury. For example, the requirements are different for automobile accidents than for premises liability claims.

The basic requirements are duty, breach, injury & damages.

The defendant/tortfeasor must first owe a duty of care to the injured person, that they somehow breach. The breach of duty has to cause both injury and damages to the victim.

In an auto accident, the duty of care to drive safely and cautiously and to obey traffic rules and statutes. The breach would be a driver’s negligence in not driving safely and/or violating a statute. For instance, a driver makes a left turn on a green light and collided with another car that ran a red light.

Clearly, the red light runner has some fault. However, although the left turner did so on a green light, there is a statute that requires a left turner to yield to all approaching traffic regardless of the color of the traffic light. So depending on where within the intersection the collision occurred, and the point of impact between the vehicles, the left turner may well also have some degree of fault.

In a premises liability case, the duty of care owed by the property owner/manager may depend on the status of the injured party and whether the party is a trespasser, licensee (the person is there with permission or consent, for their own pleasure), or an invitee (by invitation, as a social guest or business shopper).

As an example, if slip and fall cases, the condition that caused the fall must be an unreasonably dangerous condition, unknown and undiscoverable by the victim, but known or discoverable by the property owner/manager.

This can be difficult to prove. After all, of the victim didn’t see whatever was on the floor, who does one prove that the property manager knew or should have known of its presence so as to have cleaned, remediated, or warned of the danger? We refer to this a “notice.” Can we prove the property owner/manager had actual or constructive notice of the condition? A lot depend on where the condition was found. It may be easier to prove notice if spilled milk is found in the milk section as opposed to in an aisle with dry foods.  

Even if a defendant “admits” fault at the time and place of the accident, unless their admission is in writing and signed, they and/or their liability insurance carrier may well take a different position once their insurance company gets involved.

Evidence is key in proving fault. In premises liability cases, and even in some intersection collisions, surveillance video may be available. Such video may only be preserved for a limited time, so the owner of such video must be notified right away to preserve such evidence.

Photographs taken at the scene may be key. In a premises liability case, take photos before any clean-up is done. In a motor-vehicle collision, take photos before any vehicles are moved. Vehicles may need to be preserved for inspection.

Witnesses (if available) may be key to proving fault, and will need to be contacted while their recollections are fresh. Experts may be required to help reconstruct accidents.

For all of these reasons, it is important to contact an attorney as soon as possible.

Related: What determines a case that a phoenix personal injury law firm takes?

Top 5 Causes Of Car Crashes And How You Can Prevent Them:

Car crashes happen all too often in America. Each year, thousands of drivers are involved in collisions Some are minor, while others are catastrophic. The vast majority of causes for these crashes? Human error.

Just because you might be a good driver doesn't mean others are. If you're involved in a car crash, you may have a right to file a claim against the adverse driver. Protect yourself.

Below are the top five causes of car crashes in America. Make sure you aren't a statistic. Follow these tips in order to protect you and your loved ones on the road:

1. Distracted Driving

The Issue: Distracted driving is becoming the biggest cause of car crashes throughout the United States. According to national statistics, 1.6 million car crashes happen due to distracted driving.

How to stay safe: This issue can easily be fixed. How? Stay off your phone. Don't take any calls. Don't take photos. Don't text. Don't get on social media. It's as simple as that. Unfortunately, drivers don't see it as threat, but the statistics tell otherwise. Just put the phone away. 

2. Drunk Driving

The issue: Drunk driving was the #1 reason for many years of why car crashes occur. It's a stupid decision to get behind a wheel while intoxicated. One person is killed by a drunk driver every 53 minutes in America. That's one life lost roughly every hour. That's how bad drunk driving is.

How to stay safe: This is also a very simple fix. Just don't get behind a wheel if you're drinking. There are more options to get home than ever before. Uber is as easy as using an app on your phone to summon a driver to take you home. Use a friend as a designated driver. If all other options are not feasible, use a taxi. It's that simple.

3. Speeding

The issue: Speeding has always been a problem since the dawn of the automobile. 31% of all car accidents in America have speeding as a contributor to the cause of car crashes. Needless to say, it's dangerous.

How to stay safe: There are speed limits on the roads for a reason. Follow them. The signs aren't suggestions. They are specifically there to make sure everyone on the road is safe.

4. Running Red Lights

The issue: 56% of Americans admit they have run a red light. This statistics is alarming.  The majority of those injured are pedestrians and those who are on bicycles. Arizona has the worst record when it comes to red light running.

How to stay safe: This is a no-brainer. A red light means STOP. That split second decision can be life changing. Just don't take the chance.

5. Teenage Drivers

The issue: Teen drivers don't have much experience.  In fact, the risk of a car crash is at its highest between the ages of 16-19. They are also 3x more likely to be in an crash than any other age group.

How to stay safe: Education is key when it comes to letting a teen driver on the road. As a parent, make sure they are prepared to be a driver. Make sure you have rules in place to not use their cellphones. Make sure they understand that driving is a privilege and not a right. Most of all, make sure your teen is responsible.

These top five issues could easily have a fix. They are all caused by human error in one way or another. Car crashes can be avoided if we all work together to stay safer on the road. 

Related: What are the texting and driving laws in Phoenix, Arizona?

Personal Injury Law and the Burden of Proof. What does it mean?

What you thought you knew and what you need to know:

You’ve been involved in a car accident. Your vehicle is not only totaled, but you are also injured. According to the police, the other driver is at fault.

This might seem like a cut and dry situation regarding liability and who’s at-fault, but there’s much more to it.

What happens if the adverse’s insurance company attempts to pin fault on you?  After all, if you weren’t on the road, the crash would not have occurred.  (I have actually heard this argument before)

What if the insurance company of the adverse claims the accident was 100% your fault?

This happens all too often in the world of personal injury. How is it handled? What do you do?

As the person bringing a claim for your injuries and damages, YOU have the burden of proof.  That means that you must prove:

1. The crash occurred;
2. The other driver was at fault;
3. That you were injured and/or damages;
4. The nature and extent of your injuries and damages.

If you can meet your burden of proving your case and your claims, you will be successful.  If not, then you will lose.

Should your trust your case to any lawyer? A TV lawyer?  A billboard lawyer? 

Trust your case only to a Certified Personal Injury and Wrongful Death trial lawyer.  The cost is the same.  Why take a chance otherwise?

Related: What determines a case a law firm takes? 

Video: Still don't think distracted driving is a big deal? Think again.

The National Safety Council reports that cell phone use while driving leads to 1.6 million crashes each year.

Nearly 330,000 injuries occur each year from accidents caused by texting while driving.

1 out of every 4 car accidents in the United States is caused by texting and driving.

The National Highway Transportation Safety Administration says 10 percent of teens involved in fatal crashes were distracted.

Today, nearly two-thirds (64%) of U.S. adults own a smartphone, up from 35% in 2011.  That is almost double what existed only 5 years ago.

More smart phones in our hands means more drivers have the potential to be distracted while driving.

Driving distracted is becoming the fastest growing issue in America today. Yet, no one seems to be noticing….or caring.  A very bad “not me” culture.

Do you?  After watching this, will you still?

Related: What are the Arizona texting and driving laws?