Zachar Law Blog

8 Tips To Keep Your Children Safe Around Water This Summer

We are approaching the summer months in Arizona. This means Arizona families will find ways to beat the heat, many of them heading to the pools as a way to stay cool and have some fun.

This includes a backyard pool, visiting a friend's house for a party or heading to one of the public pools in our area.

Unfortunately, this is also the time of the year that we hear about many deadly drownings in the Valley.

According to the Phoenix Fire Department's website, drowning is one of the leading causes of death for children under the age of four in Arizona.

Phoenix firefighters say while most children drown in their own pools, many of them can also drown in canals, buckets, toilets, bathtubs and ponds.

While we know these fatal incidents can be tragic, Phoenix Fire says that non-fatal drownings can cause permanent brain damage.

Of course, these incidents can be avoidable.

Here are safety tips while you are in the pool:

-        Learn to swim.

-        Two seconds are too long when our kids are around water;

-        Feet first, first time (never dive in water for which you have not determined the depth);

-        Never swim alone;

-        Never swim under the influence of alcohol or medication;

-        Never swim when you hear thunder or see lightning;

-        Never dive into an unfamiliar body of water.

-        Learn CPR.

 

Christopher Zachar Featured As The Attorney Of The Month In Attorney At Law Magazine

Christopher J. Zachar prides himself on Zachar Law Firm’s proactive and aggressive approach to litigation. He believes first and foremost that if you’re not willing and/or capable of taking a case all the way to trial, then you’re not providing the quality representation necessary to best represent your client. His reputation is that of a highly skilled litigator who believes that it’s imperative to be willing to do what is needed to fight for his client.

One of the most important actions is being willing to file lawsuits in personal injury cases. However, Zachar points out, this does not seem to be the norm anymore for many personal injury law firms.

 

READ THE ENTIRE FEATURE HERE!

How Do I Pay The Attorney’s Fees in My Car Accident Case?

Most all personal injury lawyers, if they decide to take your case, will handle the matter on what is called a “contingency fee”.

That means 1) no money owed to them to start the case and 2) they will only get paid if they recover for you.

Wait:  Does that mean if I lose, I owe the attorney nothing for the time spent on my case?

Answer:  Yes, that is precisely what it means.  No recovery for you, and you owe nothing.

The purpose of contingency fees is that such allows people who may not have an attorney to be able to get one and pursue a case.

Some will argue that the percentage charged by the attorney at the end of the case, often 1/3 or more of the recovery, is too much, but remember, in taking the case the attorney has dedicated his education, experience, time, staff, resources and his own money for investigation with the risk of never getting paid for any of it if there is never a recovery. 

The client gets an experienced attorney to help give the best possible chance to get the best possible recovery, without having to pay anything, unless they win.

No other profession does that for its clients.  Not doctors, accountants or any other.  Bad result, sorry, but here is my bill. 

So, in looking for the right injury lawyer for your case, why not hire the best, most experienced you can find?  Is your attorney a Certified Specialist in Injury and Wrongful Death? 

Do some online research; see what past clients say about the attorneys.  Then, choose the right one for you. 

When will my personal injury case settle? What you need to know.

Data concerning the rate of settlement for personal injury cases are varied, though what is consistent with the statistics is that they demonstrate that it is more probable that a case will settle than go to court. The question most clients ask is when my case will settle? There is no accurate answer to this general question because each case is different in fact, client, a defendant, and adjuster. The people involved are as important as what happened when it comes to settling a claim.

A settlement is the result of an agreement between the victim (client) and the insurance carrier for the person that injured the victim, whose representative is called an adjuster. If the client and the adjuster agree on a value, then the case settles. If they cannot agree on a value, then the case must be litigated before a jury or an arbitrator who then determines the value of the case. Thus, a settlement is most dependent upon the client and the adjuster, and their agreement to reach a value for the case that is acceptable to both.

Anything that does not lead to shared value will not settle. The decision to settle a case is solely in the power of a client and adjuster. An attorney may advise the client to settle or refrain from settling for a given value but the sole authority to accept a settlement always remains with the client.

When a case will settle and when a case can settle are similar questions with remarkably different answers. A case may settle at any time- either before a lawsuit is filed after a lawsuit is filed, even after a trial occurs, and even after a verdict is rendered. When a specific case settles has too many variables (mainly the valuation of the client v. the adjuster) to provide any true answer.

What damages can I seek in my personal injury lawsuit?

People often ask whether the compensation they may receive for a personal injury lawsuit is taxed. The answer is no. Why not? Because the injured victim is compensated for his or her loss or damage in an amount to make the victim whole; i.e., an amount that places the victim in the position he or she was in before the injury sustained. The compensation the victim received is not considered “gain” because the victim gained nothing and is merely being placed back in their pre-injury status.

Understanding this underlying principle is paramount when assuming the types of damages a victim may be entitled to in a personal injury lawsuit.

Under Arizona law, a victim of a personal injury is entitled to the full cost of his/her medical expenses, now and in the future, pain, discomfort, suffering, disability, disfigurement and anxiety already experienced and reasonably probable to be experienced in the future. These victims are also entitled to recover for loss of earnings to date, any decrease in earning power or capacity in the future as well as the loss of enjoyment of life (the participation in life’s activities to the quality and extent normally enjoyed before the injury).

Depending on the nature and extent of the injury, a victim may be entitled to loss of credit, loss of consortium (love, affection, intimacy, etc.). The damages are specific to the losses suffered by the victim and are still subject to the rigors of proof and must be causally related to the conduct of the wrongdoer.

What if I don't know who caused my car accident?

You have been involved in an accident but have no idea 1) who the responsible driver is and 2) no means to identify that driver (i.e. “hit and run’).

Your car is damaged; you have injuries and need medical care; you have lost time from work.

Do you have anywhere to turn?  The answer may be “Yes”---if you have the right insurance on your own policy.

Collision coverage:  Will provide money to pay for the damages to your car is damaged in an accident, regardless of fault.

Uninsured Motorist Coverage:  Will pay for your medical bills, lost wages and pain, and suffering—if the at-fault driver cannot be found.

Medical Payments coverage:  Will pay for medical bills you incur for treatment for your injuries. 

Unfortunately, if you have been involved in an accident but have no idea 1) who the responsible driver is and 2) no means to identify that driver, there is simply no way to recover against that driver.

But, if you have the right coverages to protect yourself in this circumstance, there is still hope on the horizon.

Lastly:  Don’t be fooled into thinking that because you are dealing with your own insurance company that they will treat you any better.

Talk to an experienced personal injury law firm.  Learn your rights and get the help you need. 

TOO MANY CAR-PEDESTRIAN CRASHES—WHAT IS GOING ON??

 

"Compared to last year, there's an increase, we recognize that," said Phoenix Police Sgt. Vince Lewis.

Phoenix police are working on a safety campaign to ensure both drivers and pedestrians are avoiding distractions and remaining vigilant.

"It's just a simple reminder for pedestrians, pedal cyclists, and drivers, to raise your awareness," Sgt. Lewis said.

At this point, there is no clear reason for the uptick. (Really?)

I have a theory:

1. Distracted driving;
2. Distracted driving; and
3. Distracted driving.

There is little doubt that distracted driving is now an epidemic in this country—even though we all consider ourselves to be safe behind the wheel.

U.S. fatalities from traffic accidents rose 7.2% last year to 35,092—the largest increase in 50 years—and distracted driving played a role in many of those deaths, according to National Highway Traffic Safety Administration.

Given how many drivers seem to be on the phone, applying makeup, eating, fiddling with radios or texting while merging lanes, this is (sadly) not a surprise to anyone.  And, the problem is just getting worse.

In a recent survey, nearly everyone (96%) of the survey respondents said he or she is a safe driver, but then 56% of the same group admitted to using the phone while driving.  (How many do but did not admit?  That number is likely much higher.)

The scary thing now is that our kids are growing up with a cell phone, attached at the hip and equivalent to “oxygen”. Have you tried to take one away from a teenager anytime lately???  OMG, you might as well be cutting off their ability to breath.  Being on their cell phone 23.5 hours a day is standard, and if you think that behavior changes when they are behind the wheel, you are likely wrong. 

There is little doubt it is an epidemic.  What can we do?  Laws against distracted driving (texting) would help, with a tough enforcement campaign. 

Arizona legislators, are you listening?