Zachar Law Blog

Who’s at Fault for an Injury Due to a Slip-and-Fall Accident?

Many people think that when you slip and fall on another person’s property, the property owner is automatically liable.

This is wrong.

In fact, slip and fall cases (called “premises liability”) are some of the most difficult cases to win. Many attorneys, even experienced attorneys, won’t take slip and fall cases because they see them as too hard to prove.

At Zachar Law Firm, we see it differently.  In fact, we specialize in slip and fall cases in Phoenix, Arizona.

We understand that there are very specific elements that need to be proven in every slip and fall case. These elements are:

1. A dangerous condition existed;

2. The owner or manager of the property had notice of the dangerous condition in time to provide a remedy, safeguard or warning;

3. The owner or manager of the property failed to do so; and

4. A person on the property sustained injuries due to the dangerous condition.

Premises liability cases can be very difficult, but they can also be very probable and very winnable. You simply need to find an experienced Phoenix personal injury attorney who is willing to fight the fight, to get you the recovery you deserve in your premises liability case.

Questions?

Zachar Law Firm is a central Phoenix injury law firm, helping injured victims in premises liability cases for more than 25 years.

Please feel free to contact us today for a free consultation regarding your slip and fall case by clicking here.

What should I expect during the first meeting with a personal injury lawyer?

During your first meeting with a lawyer, you may have a lot of different emotions.  Meeting with an attorney can feel intimidating and a bit scary. There may be a hundred questions running through your head.  You may have hoped you would never have to meet with an attorney. We completely understand. 

Your attorney should be prompt, a good listener, informed, objective and honest. 

- Don’t you hate waiting for the professional to come into the room at an appointment?  We do too!

- We will listen to you and the facts of your case.  How can we advise and explain things, if we don’t listen first?

- We are informed on the law and will become informed about your facts. You need someone with experience to do the job for you.  We will do just that!

- We will be objective, meaning, we will explain the law, as it applies to your facts without any embellishment.  You need to understand how these cases work and whether you have a case;

- Above all, you will get honesty from us.  If you have a case, we will tell you; if we don’t think so, we will explain why. 

At Zachar Law Firm, the attorneys and staff are dedicated to fighting for your best interests.  Have you met with another attorney who treated you like a number, or talked down to you?  Why would you hire such a person to fight for you?

You want an attorney that seems interested, one who seems to care and one that has the experience you need.  During the first meeting, the attorney and/or staff member will likely ask a lot of questions. Attorneys like to gather as much information as possible. At ZLF, we ask questions and gather information, to help properly advise you and protect your best interest.  That is our job, and we do it well. 

When giving information, if you don’t know all the answers, that’s fine. Just try your best. At ZLF, we have attorneys with twenty and thirty years of experiences, paralegal and staff who are immensely experienced and our own private investigator.  In other words, we can often acquire information if needed and we know to effectively build your case.

Important:  Communication is the key to a good attorney-client relationship.  If you feel like your attorney does not communicate well or is not compassionate towards your needs, they might not be the best law firm for you. You should feel comfortable talking with your attorney.  You should feel like your attorney cares about you and cares about your case. You should feel like you hired the correct attorney.  At ZLF, we have represented thousands of clients, but each one receives stellar personal care.

This is why ZLF has been one of the best personal injury law firms in Phoenix for 23+ years.  

What does it mean if an attorney says there is “no fee if we don’t win your case”. Is this actually possible?

If an attorney says there is “no fee if we don’t win your case”, this means that the attorney is representing you on a “contingency” basis.  “Contingency” means that there is no cost to you until the case is won or the case is settled.  Yes, that is right.  Zero.

But I thought attorneys are expensive. This is a trick, right? Where is the small print?

In the United States, attorneys are allowed to charge contingency fees. The purpose of these is to give the people who need access to the legal system the ability to have an attorney on their side, at no upfront cost; the attorney simply chooses to wait to get paid at the end a percentage of the settlement or verdict. 

OK, that sounds great, but what if something goes wrong?  What if there is no settlement?  Will I then get a bill?

I don’t know what other firms do, but if you are a client of the Zachar Law Firm, the answer to this is no.

That’s right.  No bill even if we lose.  Why?

At Zachar Law Firm, we believe in our clients and our cases.  So much, that if we lose, we will not charge our clients.  Hundreds of hours?  No fee?  Thousands in costs?  No bill.  We do our best, with many years of experience representing victims in personal injury and wrongful death cases, to make sure that we have a good chance to get a recovery for our clients.  If there are problems, we’ll explain them.  If too many problems, then maybe we don’t take the case. 

But, if Zachar Law Firm accepts your case, you can be assured that we will put all of our resources into getting the best result for you.

The time after an accident should be your time when you focus on you—not compounded by the stress of how things are going to get paid.  That is what we do at Zachar Law—we take that stress and worry off of you to allow you to focus on your medical care and your family.  The last thing Zachar Law wants is for you to worry about how to pay an attorney.  Zachar Law Firm = contingency fees.

Questions or have a case Zachar Law Firm can help you with?  Call us today: 602-494-4800.

I was in an accident and received a brochure or flyer from various law firms in my mailbox at home, should I hire one of these firms?

First, while it is not unethical for a law firm to send a solicitation directly to a potential client, you should never hire an attorney or firm from a letter/brochure—without knowing more.

For the most part, any personal injury lawyer/law firm who is GOOD and what they do will have a website.  Likely, this will be listed in the letter/brochure. 

Go to the website and investigate. 

First, how much experience do they have?

Second, do they have any Google reviews and if so, are they all 5 stars?

Third, you need to learn if the firm actually files lawsuits and goes to court for its clients.  If not, look elsewhere!

Last, is the attorney an Arizona Certified Specialist in Personal Injury and Wrongful Death?

Less than 1% of Arizona attorneys are.  If this one is not, keep looking…

Understand, it is very easy for an attorney or law firm to brag and boast about what it can do for you, so do some legwork and find out for yourself.

Need personal attention?  Want an attorney and law firm that cares and puts you first?  (If so, avoid the big advertising firms).

Zachar Law Firm has been helping injured victims in Arizona for more than 23 years.  Personal Injury and Wrong Death cases – it's all we do.

Questions?  Please feel free to call us today at 602-494-4800 or check us out online:  www.ZacharLawFirm.com

Police officer killed by a person who was distracted driving: Arizona needs to wake up!

A Salt River Police Department officer was killed in a crash on the Loop 101 Tuesday.

According to Arizona Department of Public Safety, the officer stopped a vehicle on the Loop 101 around 6 p.m. While out standing with that vehicle, the officer was hit by a passing vehicle, which then hit the vehicle the officer had stopped.

The driver who killed the officer admitted to authorities that he was texting while driving, according to a release Wednesday morning. 

TEXTING WHILE DRIVING DO NOT MIX!!!  

How long is it going to take for our state legislators to WAKE UP to pass a law that prohibits texting while driving? Can we agree NOW that a real law on the books can and will have a deterrent effect on Arizona’s roads and highways?  

This behavior is reckless and dangerous and should not only merit compensatory damages for the family of the officer, but also punitive damages against the texting driver.  One way or another, a message needs to be communicated to every driver in Arizona that texting while driving is never acceptable!!!  

For the last 24 years, Zachar Law Firm has represented victims and their families in accidents like this. We handle these cases on contingency fees with no out of pocket ever from our clients.  

Questions on this case or your own case?  Call us anytime (602-494-4800) for a free consultation on your case.

I'm pissed, want to know why?

It's Christmas, and I am pissed.  Want to know why?

Two days ago on Interstate 10 between Phoenix and Tucson in Arizona, yet another motor vehicle crossover crash occurred. 

Four more people died. 

Only four days before Christmas, countless families were devastated. 

I am pissed because this never should have happened.  This only happened because of the careless and utterly reckless ignorance by the State of Arizona and the Arizona Department of Transportation.

You see, these crossover crashes on Interstate 10 have been occurring for many years, and there is a simple fix:  Cable median barriers.

The State of Arizona and the Arizona Department of Transportation know this.  Very well.

The State's own experts have testified under oath:  Cable median barriers are 95% effective in stopping crossover crashes.

Further, in a study done years ago of 104 crossover crashes, it was concluded that a cable median barrier would have prevented 103 of them (99.038% effective).  

Yet, Arizona and ADOT just continue to ignore the problem, and why is anyone’s guess.  They contend (yes, I am not kidding) that cable median barriers make the highway more dangerous.

They are wrong, and they KNOW they are wrong.  But, they are not fixing the problem and they have to tell the public something.

Seventy-five to one hundred people have died in Interstate 10 crossover crashes in recent years.  Yes, those numbers are right:   75-100 people are dead from crossover crashes on I-10.

In February 2012 a Maricopa County jury sent the State a very strong message, awarding a family $7.8 million dollars in damages for the loss of 2 family members in a crossover crash. 

The State did not listen.

Then, in December 2015, a Maricopa County jury sent the State an even stronger message with a $47.6 verdict against the State of Arizona for the SAME THING.

Still, our State officials ignore this problem.  And no one knows why.

You see, this crash and the devastation to these families, four days before Christmas, did not have to happen.  The State knows this and our State officials could have prevented it.

But, for reasons unknown, they bury their heads in the sand and try to tell us they see no problem here.  They are literally dead wrong, and unfortunately (again), more families are now dealing with the grief. 

Our hearts and prayers go out to all affected by the tragedy.

Christopher Zachar and John Leader are the Arizona attorneys who have successfully handled these cases against the State of Arizona, and the only attorneys to have successfully won the jury trials against The State of Arizona and Arizona Department of Transportation for wrongful death crossover crashes.

Christopher Zachar can be reached at [email protected] or (602) 494-4800. ZacharLaw.com

Can anything be done to improve my chances of my personal injury claim being successful?

Yes.  Speaking with an attorney as early as possible will improve the odds of a client’s claim being successful.  Delay in doing so often leads to the loss, destruction or deterioration of relevant evidence such as (1) early vehicle inspection; (2) video surveillance, (3) scene and injury photos or (4) witness testimony.  Witnesses become difficult to locate or often have a less clear memory of what they saw, heard or did as time passes.  Retaining an attorney early on can assist in counteracting these issues. 

In addition, clients often say things they should not to adverse parties or witnesses that may hurt the client’s case.  Once an attorney is retained, the adverse party representative is prohibited from communicating with the client and this helps alleviate these problems. 

Besides hiring an attorney at the earliest possible time, the client can do several things to improve the success of the claim.  Promptly responding to their attorney’s requests and being frank and honest with their attorney is paramount.  Finally, a client’s honesty about their own damages when questioned by the adverse party significantly improves the success of the claim. 

A client that neither overstates nor understates their injuries makes a reliable, believable witness and one that an adverse party fears most.  Being trustworthy, honest and maintaining a realistic understanding of the value of the claim all significantly increase the claim’s value. 

The insurance company is asking me to sign medical and property damage releases. Should I?

(Medical Release)

You should not sign any authorization or release until you speak with an attorney first, especially the medical release form. The medical release form gives the insurance company the ability to access your entire medical history. Insurance companies want everything; we make sure that they only get what they are entitled to.

The insurance company must pay for medical treatment made necessary by the incident/accident. They will try to use your past medical history to argue that the current treatment is not related. For example, if you complained about back pain five years ago, they may say that your ongoing pain is not associated with the accident (“See, you had back pain before.”) By signing the release, the insurance company will get your prior medical records and then fight your claim.

Insurance adjusters are paid to scrutinize medical treatment and argue that either the doctor or hospital overtreated you, overbilled you or your medical treatment is not related to the accident. We have seen scrutiny becoming so unfair, that insurance companies are even challenging the bills of people that are in the emergency room. The person reviewing your claim is not a doctor and often has a minimal medical background. Simply stated, they are paid to reduce your claim.

At Zachar Law Firm, we pride ourselves on being advocates for our clients. We will fight to make sure that your medical bills and treatment are paid. We are experienced with reviewing medical records, medical bills and fighting the insurance companies. In addition to your medical bills, we understand the pain and suffering you suffered while recovering from the accident. We know how your daily life became more challenging because of the negligence of someone else. Our goal at the Zachar Law Firm is not just to make sure your medical treatment is covered, but that you are compensated for the pain, suffering, stress, and inconvenience that you experienced. If an insurance company is asking for a medical release, updates on your medical treatment or challenging your medical bills, do not give them what they want.

(Property Damage Release)

After an accident, the insurance company may give you a property damage release, especially if your vehicle was totaled. If your vehicle was totaled, once the release is signed, you cannot go back and challenge the amount that you were paid for the totaled value of the car. The team at Zachar Law Firm understand the factors that go into a total property damage settlement and can help you receive the full value of your vehicle. If you are concerned that you are not receiving the full value for your car, call the Zachar Law Firm today. We can help.

If your car was repaired and you sign a release, you can’t go back and ask for additional repairs. It is common to learn after having your vehicle repaired that additional repairs are needed. Before signing a release, it is important to make sure that you are comfortable with the repairs. It is important to review the property damage release carefully and make sure you are comfortable before signing. At ZLF, we understand the dynamics of property damage issues and can assist you through the property damage process

Call the Zachar Law Firm today!

What is included in pain and suffering for a personal injury case?

In Arizona, a personal injury victim is entitled to the full cost of his or her medical expenses, now and in the future as well as what is often referred to as “pain and suffering.”  What constitutes pain and suffering?  Arizona law provides some explanation of what this includes:  pain, discomfort, suffering, disability, disfigurement, and anxiety already experienced and reasonably probable to be experienced in the future. 

While this explanation uses the word “pain” and the word “suffering” without specifically defining either term, it provides some other concepts such as “discomfort” and “anxiety” (among others) that are generally more specific extrapolations of the concept of the general phrase “pain and suffering” of which most people are familiar. 

It includes actual physical pain as well as mental pain (frustration and anxiety as well as those mental phenomena associated with having to suffer from physical pain).  The concept of pain and suffering has no true legal definition or limitation.  Instead, it is meant to define what any member of the general public would naturally believe and understand it to be. 

In practice, if a victim were asked how they were affected by the wrongdoer’s action- they would provide specific details of their injuries.  Such an answer would include the following, all of which would be considered in the legal community as “general damages” or pain and suffering: “This is what hurts and still hurts; This is what I can do and can’t do which I could do before I was injured; This is what I have had to do or deal with as a result,” etc.  It effectively turns on how the acts of the wrongdoer have impacted a person in all aspects:  physically, mentally and financially.

As a side note as to what personal injury victims are also legally entitled to claim besides what was previously referenced:  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). 

Fatal crash closes I-10 westbound south of Chandler - When will Arizona finally wake up?

A fatal crash involving a commercial vehicle on fire has closed Interstate 10 westbound south of Chandler from Riggs Road to Loop 202 Santan, according to the Arizona Department of Transportation.

"Preliminary information is at about 9:52 a.m. a commercial vehicle was eastbound on I-10 when it veered into the median. The commercial vehicle went through the median and onto the westbound lanes of I-10 where it struck three vehicles. After striking the vehicles the commercial vehicle ran off the road, overturning and catching fire. At this time there are two fatalities. The driver of the commercial vehicle has been transported from the scene with serious injuries.

When is the state of Arizona highway department going to wake up?

With this crash, hundreds of people have now died on Arizona time ways from these crossover crashes.  In February 2012, A Maricopa County jury awarded a family $7.8 million for a crossover crash that happened very close to this one.

 

 The message to the Arizona state highway department was clear: Fix the highways!  

 

The state did not listen.  Then, in December 2015, Maricopa County jury awarded two families nearly $45 million, sending even clearer message to the state:

 

Fix the highway!!!  After that, all the state did be put up a few measly signs. Real after that, all the state did was put up a few measly signs. 

 

Really?????  

 

Median barriers should have gone up on Interstate 10 fifteen years ago. Had this been done, hundreds of lives would have been saved and millions of state dollars would have been saved.  

 

It is time that someone truly teaches the state the expensive lesson that it obviously needs to learn to make the highways safe.  How much must a jury award for the state to get it?  

 

We may be about to find out.