Zachar Law Blog

When should I call a lawyer for a personal injury case?

Earlier is better than later. While a lawyer can handle your case at any time during the process, the more you do before you hire a lawyer, the fewer options the lawyer may have in helping you with your case or claim.  In addition, the longer you delay in retaining a lawyer, the longer it will take for the attorney to address and resolve your case or claim. 

If you handle the personal injury case yourself and ultimately decide to hire a lawyer, the lawyer may have to address and attempt to resolve any mistakes you may have created or caused in handling the case.  In addition, all claims have a statute of limitations or pre-set time periods that extinguish your rights if a claim is not filed or served within the set time period.  For example, if an at-fault driver caused your injuries, you generally have two years from the date of the accident to file your case or you lose your claims forever. 

If that at-fault driver is a government employee or agent, your claim may need to be served on the entity within 180 days of the accident or the claim may be lost forever.  The time to file or serve your claim is dependent on the claim itself or on the status of the person or entity that caused your injuries.  Waiting to hire an injury lawyer may put your claim or case in jeopardy.  In addition, many attorneys are hesitant to take your case if there is an impending deadline that must be met immediately.  Thus, waiting to retain a lawyer may limit your ability to hire an attorney or hire the attorney you want.

The longer you wait to hire an attorney the longer it will take for the attorney to address and resolve your case.  If a client hires an attorney early in the matter, the attorney can immediately begin to work on the case and work on it without having to account for potential mistakes or problems that the client may have caused or created.

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

As a personal injury attorney, what type of car insurance should all drivers in Arizona have? Why?

The law in Arizona requires all drivers to carry liability insurance.  Since 1974, the minimum limits have required $15,000 per person and $30,000 per accident.  In July 2020, those limits raise to $25,000/$50,000.  

But how much do you really need to protect yourself and family?  This is an important question.  You should have as much as possible, but that costs money.  There are a few things to consider:

1. What are your financial circumstances?  What can you afford?
2. What level of income do you earn and what assets do you have to protect?
3. What are your family circumstances and who do you need to protect?

These are the three main issues to consider in buying insurance.  Liability is required by law for both injury and property damage to others.  After that, things like medical payments, uninsured coverage, and underinsured coverage must be given full consideration, then, buy what you can reasonably afford.  

Questions?  Feel free to call one of the Zachar Law Firm attorneys (no fee) or speak with your insurance professional.

What is a personal injury deposition? What questions will be asked?

A deposition is a formal question and answer session that is conducted by the other side’s attorney. It is under oath as if you were in a courtroom before a judge but it is a more relaxed environment.   It is usually in a conference room and is attended by you and your attorney and the other party’s attorney.   

You are asked questions about your incident, your medical history, your injuries and how you are doing today.  Questions involving your work, your activities and ways the incident affected your life are also discussed. 

In advance of that deposition, we will sit down with you and discuss what to expect, potential areas of questioning and tips on how to stay calm and confident.  Your “testimony” given at a deposition is very important to your case but your ZLF attorney will prepare you so that you have no worries about this step in the process. 

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

 

If I signed a waiver, is it possible I still have a case? Or does the waiver eliminate any liability?

Signing a waiver does not by itself automatically alleviate a person’s ability to file a lawsuit or pursue a claim against a potential defendant. 

“Assumption of the risk” is a legal doctrine used by defendants as a defense to liability. A defendant may use the doctrine to defend against a claim by asserting that an injured victim assumed the risk of injury.  This defense can be implied by the conduct of the parties or it can be express which takes the form of a written waiver.  In either situation, the courts have determined that whether a victim assumed a risk (whether by implication or by express waiver) is for the jury to decide. 

Because it is for a jury to determine based on the facts of a given case, a waiver (express assumption of the risk) may or may not bar a claim depending on whether a jury determines whether the defense is applicable, i.e. whether the victim truly assumed the specific risk expressed in the waiver he or she signed.  In addition, even if a victim presumably assumed the very risk that caused the injury claimed, this does not in itself alleviate the fact that a defendant acted negligently or improperly, as this fact is for a jury to decide. 

For example, just because a person may sign a waiver before parachuting from an airplane does not imply that the person packing the parachute can pack it improperly.  A jury may determine that the victim did not assume the risk of an improperly packed parachute and choose to disregard the assumption of the risk defense (i.e. choose not to apply it to the given set of facts).  In the end, this issue is ultimately decided by a jury on the facts of each particular case.  Consequently, there is no automatic bar to a claim merely by the signing of a waiver.

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

 

 

What does it mean when a lawyer says “no fee if no recovery”?

In a personal injury case, if you do not recover, then the lawyer does not get paid either.  To “recover” means to be paid an amount for your injuries and damages.  If for whatever reasons, you are not paid or are unsuccessful with your claim, then the lawyer does not get paid either.  This encourages people to make claims for wrongdoing, seek damages for injuries they have suffered without the risk of “going bankrupt” if they lose.  The lawyer who takes your case takes on some risk that they may not get paid for his/her services, if not successful.  At Zachar Law Firm, we evaluate cases up front, give you a realistic expectation of the case and do our very best to meet that expectation and earn the fee in the end.

Remember, personal injury law in Arizona can be extremely complex. There are many variables involved, and it can cause confusion. Having the right law firm representing you will make all the difference in your case. 

 

What are contingent fee agreements, and how are they used in personal injury cases?

Generally, contingency fees are the most reasonable way for an attorney to handle a personal injury case. Contingency fees give an injured victim the ability to obtain legal representation without having to pay upfront, and without having to pay regardless of the outcome of their case.

When a lawyer accepts a case on a contingency fee, he or she agrees to take a percentage of the recovery.  If a small recovery, the lawyer may actually lose money based upon the amount of time put into the case. And the other hand, if a large recovery, the fee paid to the lawyer may seem excessive.

All persons seeking legal representation on a contingency fee arrangement should know that the amount of the percentage is always negotiable. Although the end outcome is not known, at the beginning when you are meeting with an attorney, you can always negotiate the percentage.

Understand, when an attorney accepts a case on a contingency fee arrangement, there is a risk. There is the risk the attorney will only get a small recovery (and make little for the time and effort) and there is a risk the attorney will never get a recovery (and never get paid anything).  Asking an attorney to take this risk comes with a cost, and that cost is the percentage of the fee you agree to.

Questions? Please feel free to contact one of the attorneys at Zachar Law Firm anytime to discuss your contingency fee eligible case. The call is always free.

10 tips to keep you and your loved ones safe this July 4th!

The Fourth of July marks a time where family and friends come together to take part in Independence Day festivities. This year, celebrate the adoption of the Declaration of Independence in a safe way. Our 4th of July safety tips cover a few key summer safety topics to keep you and your family safe this holiday.

1. Be sure fireworks are legal in your area before using or buying them.
2. Always have an adult supervise fireworks activities and never allow children to play with or ignite fireworks. Sparklers alone account for one-quarter of emergency room fireworks injuries.
3. If you set off fireworks, keep a bucket of water handy or a fire extinguisher in case of malfunction or fire.
4. If fireworks malfunction, don’t relight them! Douse and soak them with water then throw them away.
5. Never ignite fireworks within a container, especially one that is glass or metal.
6. Use your grill away from your home and deck railings, and out from under branches or overhangs.
7. Open your gas grill before lighting.
8. Periodically remove grease or fat buildup in trays below your gas or propane grill so it cannot be ignited.
9. Declare a three-foot "kid and pet-free zone" around the grill to keep them safe.
10. Avoid loose clothing and tie hair back that can catch fire when cooking on the grill.

Have a safe and fun July 4th!