Zachar Law Blog

Should you file a lawsuit or just let the insurance company handle things? Here's what you need to know.

Filing a lawsuit is a very complex procedure.  It is highly recommended you do not file a lawsuit without the assistance of a Phoenix personal injury attorney.  Your case may be rejected based on various laws, deadlines, and procedures, and attorneys are skilled and understanding the ins and outs of this process. 

Do NOT let an insurance company guide your case.  If you are not satisfied with an offer to settle your case so that you do not need to file a lawsuit, then consult with an attorney.   The insurance companies often do not offer a fair amount, especially to someone who has not consulted with an attorney, in an effort to get out of the claim cheaply.  

When you consult with an attorney, the immediate value is added to your claim because the insurance company is aware you have someone with legal skills on your side!

We will advise you on the advantages and disadvantages of filing a lawsuit versus accepting the last offer by the insurance company. Quite often, our limited involvement can get the case settled for a better amount quickly!

 

 

Why do I need a personal injury attorney? Is an attorney necessary for my accident?

Hiring an experienced Phoenix personal injury attorney to help you with your claim is not mandatory. However, it is a very good idea, for several reasons.

Question:  If you had an electrical pair at your house, would you attempt to do it yourself or would you call an electrician?

Question:  If you had a internal leak in your pipes, would you attempt to fix it yourself or would you call a plumber?

Now, you find yourself having been injured by the negligence of another person.  You have medical bills, lost wages and other matters to deal with. Why would you want to try to handle this on your own, dealing with the insurance company representatives who know the business and know exactly what they want to do with your clean?

Do you know what to say? Do you know what not to say?

It is always best to consult with an experienced personal injury trial attorney at the start of your case. Find out what your case is really all about, ask what they can do for you, then decide if you really want to hire the attorney.

Get yourself educated, get answers and then make an informed decision.

Can I still win my case if my memory of the accident is conflicting with what I said at the time of the car accident?

The answer to this question is entirely dependent upon the nature and extent of the discrepancy.  The fact that there may be a discrepancy between what you said at the time of the accident versus what you are now saying is not by itself case determinative.  In other words, there are many other factors that likely matter more such as what other witnesses say and what the physical evidence shows.  In addition, the fact that your memory conflicts with what you initially said may have no relevance, may have some relevance or maybe entirely relevant. 

Its relevance and impact depend upon whether the conflicting statements were meaningful or not.  The fact that the statements may not be exactly the same is to be expected.  If major facts are different and even the opposite, then it can impact whether you prevail or lose your case. 

If you said the light was green and later said it was red and the color of the light is determinative of who is at fault, then yes, it will impact your case.  It does not necessarily mean you will win or lose the case but it likely would have an impact.  In the end, a trier of fact (such as a jury or arbitrator) decides how much your conflicting statements matter. 

A trier of fact may think your conflicting statements are not an issue or a trier of fact may determine your conflicting statement is determinative of your case.  In the end, a trier of fact will weigh your statements along with other evidence in the case to reach a determination.  

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

 

How important are auto accident attorney reviews? Should I use reviews when determining who to retain?

You need to understand this: 

Advertising attorneys can say whatever they want to on TV, radio, buses, and billboards. They can “vote themselves #1” and often do. 

They are paying for these ads, they get to decide what it says and so they can say anything.  Do not be swayed by what the attorney says about himself – look to see what past clients are saying about him/her and the firm.

There are several personal injury law firms in Arizona that advertise that they were “voted #1 law firm“ or something like that. This is complete garbage.  There are no entities which rate law firm like this.

Looking for the best attorney?  Online reviews are a great place to start. Once you make a decision as to which attorney you are going to contact, your meeting with your attorney should tell you the rest.

Does the attorney seem knowledgeable and competent?  Do you feel a connection with the attorney?

Understanding these issues will help you choose the best attorney for your case.

How do you determine who is a good auto accident attorney, and who isn’t?

This is a great question and one that I have been blogging for a long time.

You have been involved in some sort of injury-causing incident (motor vehicle crash, slip or trip and fall, or other...). You understand that you need to find a good attorney, but how do you determine who is good and who is not?

Many people nowadays look for personal injury attorneys online.  Honestly, unless you know someone, this may be the best way to find one.  For personal injury law, there are two things you should know:

        1. Look for an attorney who is a Certified Specialist in Personal Injury and Wrongful Death. These attorneys cost you no more but have been certified by the Arizona State Bar as being the experts in this area of the law. They know exactly how to handle personal injury cases from start to finish; they know what it takes to get you the best result for your case.  If you hire an attorney who is a Certified Specialist, you are assured that you are getting a very good and very experienced lawyer.   Otherwise, there is just no way to tell.

         2. Look at the online reviews. See what former clients of this attorney are telling you.  This will give you the best measure as to how you are going to be treated by the attorney and his or her staff.

Law Firms and attorneys can say whatever they want to on TV, radio, buses, and billboards.  Many of these advertisements make things up (example, “Voted #1 Law Firm”).  Do not be swayed by the advertisements—these are paid for and so they can say whatever they want.   Look instead to see what past clients are saying about him/her—look at the online reviews.

Look for an attorney who has five-star reviews.  Read the five-star reviews, then make your decision.