Zachar Law Blog

What factors determine how much I can recover from a pedestrian accident case?

Unlike a vehicle to vehicle accident, the value of the repair or vehicle loss in a pedestrian-vehicular accident is not as relevant to your claim.  For obvious reasons, a human body will inflict much less damage to an opposing vehicle than another vehicle would have done, rendering a repair bill or damage estimate less predictive of the injuries and recovery.  The most relevant factors concerning recovery are as follows:

1. Whether you, as the pedestrian did something wrong that contributed to your injuries (fault);
2. The type of injuries you suffered (soft tissue v. fractures, tears, etc.)
3. The extent of the injuries you suffered (permanent v. not permanent)

If you contributed to your injuries in any way, then your recovery will be diminished by your own percentage of fault.  For example, if the total damages you are found to have suffered is $10,000 and you are found to be 20% at fault, then your recovery would be $8,000 ($10,000 reduced by 20%). 

These type of injuries you suffered directly affects your medical treatment, the expenses for that treatment and any other losses flowing from those injuries (lost income, pain and suffering, etc.).  If those injuries are deemed permanent by your medical providers, the amount of your recovery will be greater.  Consequently, your own action or inaction that contributed to your injuries, as well as the type, nature, and extent of your injuries, are the most important factors that determine how much you can recover from your pedestrian accident case. Pedestrian accident cases can be complex. Make sure you have the right Phoenix, Arizona personal injury lawyer representing you. It will make all the difference in your case. 

 

Ask An Injury Lawyer Podcast 005: What you shouldn't do after you've been in an auto accident.

Ask A Lawyer Podcast 005: What you shouldn't do after you've been in an auto accident. from Zachar Law Firm, P.C. on Vimeo.

 

Phoenix Personal Injury lawyer Chris Zachar tells us things we should not do after a car accident. Also, he discusses what to do if you're not sure who caused the accident, and/or if the other party doesn't have insurance. Remember, personal injury law can be extremely complex. Make sure you have the right personal injury law firm representing you. It will truly make all the difference in your case. 

 

Does it really matter what type of Attorney I hire for my personal injury case in Phoenix, Arizona?

ANSWER: There is probably no decision MORE important than the attorney you decide to hire for your personal injury case.

Would you hire an electrician to fix your sink? Would you hire a drywall contractor to do electrical work? Would you hire a plumber to fix your transmission?  Likely, the answer to all of these questions is no.

So, why then would you hire any attorney other than an experienced, personal injury trial attorney to handle your personal injury case?

Many attorneys advertise for personal injury cases, but, there are some key questions to ask:

 1.         Do you handle only accident injury cases?

2.         How many years of experience do you have handling only injury cases?

3.         Have you ever taken a personal injury case to trial?

4.         Are you a certified specialist in injury and death law in Arizona?

If the person you are considering answers any of these questions “no”, then you need to look elsewhere.  Look for an attorney who can respond favorably to all of these questions.

Zachar Law Firm has been handling personal injury matters in Arizona for almost 24 years. Christopher Zachar has been a personal injury trial attorney in Phoenix, Arizona for 27 years.

Personal injury is what we do.  In fact, it is ALL we do.

Questions?

Please feel free to call us today for a free initial consultation regarding your case

The Insurance Company Said I Don’t Need An Attorney—is That True?

You were involved in a motor vehicle accident, are trying to deal with the insurance company on your own and they have told you that “you don’t need an attorney“.  

Advice:  Get an attorney NOW! 

You need to know that there is no insurance company that is on your side. They only have their own interests in mind. They know if you don’t hire an attorney that the possibility of paying you less in your case goes up.  

Also, a few years ago an insurance company got into a lot of trouble for telling this to claimants. Telling you that you “don’t need an attorney” is really giving you legal advice, and, anyone who is not an attorney is, by law, not allowed to give you legal advice.  

Regardless, keep this in mind: There is only one reason and one reason only that the insurance company does not want you to get an attorney. They want to deal with you on their own because they know they can do things which will substantially improve their chances to pay you less.

Isn’t that enough reason to call an attorney now?

Personal injury law can be complex. Make sure you have the right Phoenix, Arizona personal injury attorney representing you. It will make all the difference in your case. Have a question? Call us now at 602-494-4800. There is no obligation. Or you can visit us online at https://zacharassociates.com

 

What will hiring an attorney do for my personal injury case?

It will usually ensure that a client maximizes the full extent of the value of the client’s loss, though not necessarily the net value of the loss (i.e. what the client actually may receive), because the client when retaining an attorney, must pay the attorney.  

A lawyer is best able to evaluate a client’s claim, circumvent any mistakes a client may make in handling the claim, and ensure to preserve the most relevant evidence necessary to pursue the claim.  Most importantly, an attorney can litigate a client’s claim through the court process if a settlement cannot be reached.  It is litigation or even the threat of litigation (and the accompanying ability of a lawyer pursuing a client’s case through to its legal finality) that most likely ensures that the client realizes the receipt of the full value of the client’s loss.

A lawyer understands what losses a client can recover for and how to best effectuate a recovery.  This process can be complex and perplexing for the average person.  The lawyer brings the ability to litigate the case through finality which often enables the client to maximize a settlement, simply because a lawyer makes trial a real possibility. 

Personal injury law can be extremely complex, this is why it's critical to ensure that you retain the right Phoenix, Arizona personal injury lawyer. Get the facts. Stop guessing. 

Why Do I Need A Trial Lawyer For My Personal Injury Case?

You have been in an injury-causing accident, and you are looking to find the right attorney to help you. There are so many. How do you choose? First, look for experience. Many attorneys and law firms advertise that they handle personal injury cases, but do they really? Look for a law firm that handles only personal injury cases. That way, you will at least have a pretty good idea that the law firm and its attorneys are experienced in handling your type of case. 

But, is that all? 

No. Your search should not stop there.

Look for a Phoenix, Arizona personal injury law firm that files lawsuits and litigates cases. Look for the trial attorneys.  Why? You are saying to yourself, “I don’t want to go to trial”.  

Understand, in reality, no one WANTS to go to trial. But unless the insurance company and its attorneys believe that is exactly what you are prepared to do to get the right resolution and settlement for your case, then, you will never truly get it. If they don’t think you are serious about filing a lawsuit and taking your case to trial, they will always give you a lower offer.  Period.  

So, how do you make them believe and understand that is exactly what you are prepared to do? The answer to this is simple:  Hire a law firm with attorneys who file lawsuits for their clients and who take cases to trial. In reality, you stand a much better chance of never even getting that far, by having a law firm and attorneys who had the proven track record and reputation for doing just that.

Zachar Law Firm files lawsuits for its clients and Zachar Law Firm takes cases to trial on a regular basis.

Questions?  Feel free to call us. The initial consultation is always free and there is no charge until we win your case.

How will my lawyer handle my personal injury case? What is the process?

After you’ve been in an accident or had an injury, your attorney should connect with the insurance company of the party that caused you injury or damage.  It is important for the attorney to make sure that there is money available to you for your injury and/or damages. Once this communication has been made and “coverage” for your injury is confirmed, your attorney and staff can guide you in receiving medical care and monitoring with you, to make sure you are getting better. The attorney and staff may also conduct an investigation on your behalf by speaking to witnesses, going to the scene and taking photos, gathering records.   

Once you are finished with your medical treatment, the attorney should communicate with the insurance company, by presenting a detailed description of your injuries and demand a settlement on a figure agreed upon by you and the attorney. 

The negotiations continue until you and your attorney decide that it is either a fair settlement or it isn’t a fair settlement, which may then require a lawsuit be filed. At that point, many attorneys decide to settle at the insurance company’s best number.  At Zachar Law Firm, we are trial attorneys and are not afraid to file the lawsuit on your behalf and fight for a fair dollar amount for your injuries. 

Remember, personal injury law can be extremely complex. Having the right law firm will make all the difference in your case. 

What can I do to convince the insurance company that my auto insurance claim is valid?

If you choose not to retain a personal injury attorney - gather proof of your claim so that you can demonstrate, or more importantly, prove that your claim is valid.  What constitutes proof?  A police report demonstrating that you were not at fault.  While a police report is not generally admissible in a civil case, it will convince an insurance adjuster that the claim against its insured is valid.  It is usually the first document reviewed by an adjuster to determine whether its insured caused an accident or injury.  The next step is to gather all of the evidence (proof) of damages and injuries.  The easiest way to do this is to immediately photograph your vehicle, the other driver’s vehicle and any demonstrable evidence of your injuries (cuts, marks, and bruises). 

The next step of proving your claim is requesting all of your medical records and bills.  This includes gathering itemized statements from your medical providers- not just invoices the provider sent you.  An itemized statement will demonstrate the total amount of the charges, not just the amount you owe after health insurance paid.  The law allows a victim to recover the full amount of the medical expenses, whether the victim paid them or not.

After this information is gathered, you should submit a demand for payment from the at-fault driver’s insurance company with all documents evidencing proof of your claim.  This includes the police report, photographs of the vehicle damage and injuries, and medical records and bills.  If you lost income due to your injuries, you should inform the adjuster of your job, and a detailed calculation addressing how you arrived at the amount of lost income you are claiming.  If you have your human resources providing documentary evidence it will further prove and validate this claim.  In addition, you should inform the adjuster how this accident caused you pain and suffering- detailing your pain and how it affected your work and activities.

In short, to validate your claim, you must prove it with evidence.  This requires you to do everything you can to gather, protect and preserve the evidence from the moment the accident occurred.    

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