Zachar Law Blog

Why is it important to have a trial lawyer representing you after you've been in an accident

Personal injury law can be an extremely complex situation. This is why it's important to have a trial attorney representing you after you've been in an accident. David Catanese of Zachar Law Firm, P.C. goes into detail as to why having a trial lawyer will make all the difference in your Phoenix personal injury claim. Stop guessing, get the answers you deserve. Protect your rights. 

Can I sue for compensation if I’ve lost my job or career opportunities after an injury?

If you are injured in an accident, you can absolutely make a claim for the time you have missed from work.  Lost wages are not just restricted to the immediate date of the accident, but any time you missed while recovering from the accident and time you missed for medical appointments.   

If you are self-employed and missed work/business opportunities, you can similarly make a lost income claim.  You can make a calculation of the lost income, estimate the time missed from work and/or the business opportunity, project or job missed, and demand the insurance company compensate you for your loss.  Gathering documentation to support your wage loss claim will be a requirement for this.  Lost wage claims are common, but also, must be proven with specificity.  You cannot say “well, I lost approximately X”.  “Approximately” does not work in making a claim for income lost.

Insurance companies often challenge lost wages. They look to either reduce the claim or argue that you could have worked. If you are concerned that you may not receive full compensation for the time you missed from work or a lost business opportunity, call Zachar Law Firm today! Lost wages or compensation are a key component of your claim and we work to make sure that any lost wages or earnings are fully addressed.

What if the injury results in the loss of my job?

Sadly, some injuries result in a significant loss of time from work, and then because the job has physical requirements or an employer needs to fill the position, people lose their job.  At Zachar Law Firm, we are experienced with making sure you are compensated for the loss of your job.  We look at your salary or hourly wage and calculate how much you lost because of the accident or injury and demand to the insurance company.  Sadly, if the injury results in not only loss of a job but also being unable to work for a significant period of time, then we evaluate your specific situation and fight for you to be fully compensated for this loss. A long term loss of job and income requires not just paystubs, but advocacy, and the attorneys and staff at Zachar Law Firm will fight for you to be fully compensated for this loss. 

What if the injury results in lost career opportunities?

Injuries can sometimes result in lost career opportunities. For example, if someone suffers a severe back injury and their experience is in construction, or someone fractures their hand and their job requires typing.  Injuries that impact a person’s career field are called “lost earning capacity”.  Even if you obtain a new job which pays less, we can still make a claim for the income you lost because of the change in fields.  At Zachar Law Firm, we are experienced with reviewing your medical records and building your case to make sure you are compensated for the loss of earning capacity.

Questions regarding your lost income claim?  Call Zachar Law Firm today!

How long do I have to file a lawsuit after a truck accident in Arizona?

Arizona law generally allows two (2) years from the date of an accident to file a lawsuit, but there are exceptions to this. Government owned truck? Your deadline may only be 180 days from the date of the crash.

Were you in the scope of employment when the crash occurred? You may only have 1 year. Any minors hurt? Generally, a minor’s time to file is 2 years from the date they turn 18.

Calculating the time frame for the trucking accident you were in can be tricky. If you are wrong, your claim could be barred forever. It is absolutely best (and sometimes needed) to consult with an experienced Phoenix trucking accident lawyer right away to ensure evidence is preserved, and to ensure that your case is filed in a timely manner.

At the ZACHAR LAW FIRM, we always conduct a very thorough investigation of your accident, designed to MAKE CERTAIN that you and your claims are protected at all times.

Our lawyers are skilled at evaluating all of your claims – and work to get the best result as allowed by Arizona’s laws. Questions? Consultations are always free at Zachar Law Firm. Feel free to call us anytime.

Can the trucking company be held responsible if one of its drivers causes an accident?

The answer to this is, Absolutely YES.

In Arizona, an employer is responsible for the acts of its employee, and a principal is responsible for the acts of its agent.

This is called “vicarious liability”.

The concept dates back many years, but essentially, the courts decided it was best to put the financial responsibility (i.e. the purchase of insurance) on the business owner, which best has the ability to absorb and afford the cost.  If needed, the business can just charge its customers a little bit more to accumulate the needed revenue for this expense—something the employee/agent does not have the ability to do.

Arguments occur when an employee/agent causes harm to others that, while maybe still ‘on the clock’, they are doing something that is 1) not in their job description and 2) does not further the interests of their employer.  Generally, even most of these will attribute responsibility to the employer/principal, but the cases are harder to settle/win with these added defenses.

Do you have a further question on the issue of trucking accidents in Arizona?

Do you have a possible injury case that involves an issue of “vicarious liability”?

Zachar Law Firm has been helping injured victims of trucking accidents in Arizona for more than 25 years.  Putting you first --- its what we do.

How is a wrongful death case different than a personal injury case?

A personal injury case is one where an injured person brings a claim for his/her own physical, mental and emotional injuries, and out of pocket damages.  

A wrongful death case is one where family members (Arizona law allows parents, spouse, and children) to bring a claim for the wrongful death of a loved one.   

The basic structure of the claims are the same—a claim or lawsuit against a wrongdoer for negligence which causes injury.  Thereafter, the categories of the injuries/damages change, and for wrongful death cases, it is crucial that your attorney has experience in these matters.  

Does your attorney regularly handle these cases?  

How many has he/she handled? 

Has your attorney ever filed a lawsuit for a wrongful death case?  

Has your attorney ever gone to court to fight for his/her client in a wrongful death lawsuit?

Lastly, is your lawyer a Certified Specialist in Injury and Wrongful Death in Arizona?

These are important questions to ask, and, we suggest, questions that should be asked.

How much experience does your attorney really have in these important cases?

Ask these questions.  Get straightforward responses.  

Wrongful Death cases are the type of cases that the attorneys at Zachar Law Firm handle on a regular basis.  We file lawsuits and if needed, take these cases to trial to get the best results for our clients.

Questions:  Please feel free to call us today for a free consultation in your case.

4 THINGS TO NEVER SAY TO AN INSURANCE CLAIMS ADJUSTER AFTER A CAR ACCIDENT

You have been in an accident, and are dealing with the insurance people on your own.  What do you say?  What should you not say?  Do you know?  

First, understand that the goal of the insurance companies is to pay you nothing.  If they cannot pay anything, then as little as possible.  The best way to do this:  Get admissions from you that they can use against you.  

So, things you should never say:

1. I’m sorry.  This sounds like an admission of fault and that is how the insurance company will interpret it.  
2. I’m okay.  This sounds like you are telling them “no injuries”.  Insurance companies love hearing this.  The problem is that injuries can sometimes take days or weeks to show.  
3. I just want this over as quickly as possible.  Interpretation:  I will take whatever low amount you want to give me.
4. I think….  Do not “think”.  Only say what you know.  If you are not sure, just say “I don’t know”.  Never speculate or offer your own opinions.  Only give the facts you know.  

 LASTLY, DO NOT LET THE INSURANCE COMPANY CONVINCE YOU THAT YOU DON’T NEED A LAWYER.

Honestly, they hope you don’t get a lawyer.  The insurance company would rather deal with you directly because 1) they know that most people don’t know the do’s and don’ts and 2) they will pay you less money than you will get being represented by an experienced Phoenix personal injury lawyer.  

Having some knowledge regarding the things you should never say will help you in your personal injury case.  

Questions: Feel free to call Zachar Law Firm for a free consultation regarding your personal injury case.