Zachar Law Blog

What happens at mediation in a personal injury case?

A mediation is another term for a settlement conference.  The person that assists the parties in reaching a settlement is called the mediator.  Unlike an arbitration where an arbitrator decides the case through a decision following the presentation by both parties, a mediator has no authority or power to resolve the case.  In a mediation, only the parties have the authority or ability to settle the case and only if both sides reach an agreement to do so. 

Prior to the mediation, each side submits a memorandum outlining their respective positions so that the mediator has an understanding of the case.  Mediations usually take place at the office of a mediator and only the parties (and their respective attorneys) attend.  Each party is placed in a separate room with only his/her counsel present.  Separating the parties helps to ensure a less-stressful, non-confrontational environment.  Everything discussed at the mediation is confidential and cannot be used later against either party at trial should their case not settle.  This confidentiality enables the parties to freely discuss their case without the fear that what they say to be used against them later.

The mediator usually discusses the case with the plaintiff (persons asking for money from the defendant) first.  The mediator wants to know the plaintiff’s positions and what amount the plaintiff is willing to accept as a settlement.  The plaintiff’s attorney will usually speak on behalf of the client, though the mediator may ask some questions or want to hear directly from the plaintiff.    The mediator, who is impartial, will usually present the plaintiff with the mediator’s perspective of the case and will often point out any problems the plaintiff may have at a trial should the plaintiff not settle.  The mediator will then meet with the defendant to share the information received from the plaintiff (including the plaintiff’s initial offer to settle).  The mediator will usually point out the problems with the defendant’s case and provide the defendant with the risks he or she may face at trial should the matter not settle.

If the parties reach an amount they both agree upon, the mediator will usually draft a brief settlement agreement for the parties and their counsel to review and sign.  If they do so, they will have settled their case.  The parties will typically agree that despite the signing of the agreement, they will prepare a more formal agreement to be signed by the parties that contain more extensive language- such as confidentiality clauses, etc.  If they do not reach an agreement they will proceed with the case through the court system.  The parties can still attempt to settle their case as they move forward in litigation.

What percentage of cases are settled prior to trial?

Settlement can occur at any point in the progress of a case. 

It is always our goal to prepare a case adequately, and settle with the insurance company before a lawsuit.

However, this is just not always possible.  We cannot control how much the insurance company offers.

However, we can refuse to accept it and fight them for a better and more appropriate settlement.    Lawsuits exist for this very reason.

Not for the greedy.  Not because you “are mad and want revenge.”  That is what insurance companies say because they don’t like the process.

Lawsuits take the decision out of the hands and control of insurance companies, and they don’t like it.

But we do.  It means that the legal system works for our clients. 

The good news is that most of our cases will settle “pre-litigation” (before a lawsuit is needed).  

As for the others—those that require lawsuits—what percentage of those cases settle before trial?  A very high percentage, like 97-98%. 

You see, everyone prefers to settle, even insurance companies.  They want to settle for THEIR number, and we want to settle for OUR number. 

Lawsuits and the battle often narrow the field, and a good litigation attorney on your side makes all of the difference. 

An experienced Phoenix personal injury TRIAL attorney, well-versed in the facts and law surrounding your case, will get you a better settlement.  The statistics are evident in this.

 

How long does a personal injury lawsuit in Arizona take?

How long a case will take to resolve in litigation (if no settlement is ever reached) is dependent on the (1) complexity of the case, (2) the amount of money at issue (i.e. the value of the case), and (3) the particular schedule of the attorney’s and the judge assigned to the case. 

Despite these variables, there is a general answer to this question which includes one additional variable.   Litigation occurs when one files a lawsuit.  In Arizona, once a lawsuit is filed, you have ninety (90) days to serve the at-fault driver or person responsible for your injuries. 

The time for service is entirely dependent upon how quickly the at-fault party can be served.  It can take one week or more than 90 days.  Once served, a defendant has 20 days to file an answer.  The time for a case to resolve from the day the answer is due can take anywhere from 4 months to more than a year, depending on whether litigation means arbitration or trial (this is the one additional variable I referenced earlier).   

In Arizona, a plaintiff must file a certificate of compulsory arbitration with the Complaint (again the Complaint commences litigation).  This certificate determines whether the case is subject to arbitration or not subject to arbitration (arbitration v. trial).  The difference is purely monetary.  If the case is valued at $50,000 or less, the case is subject to arbitration and litigation will presumably last between 4-6 months from the time a defendant files an answer. 

If the case is valued at more than $50,000, the case will ultimately be scheduled for a jury trial which would not typically occur for at least one year (often more) from the time the defendant files an Answer to the Complaint.

Should I Accept the Insurance Company’s Settlement Offer?

Most times, the insurance company’s settlement offer is their first offer.  It is important to understand that insurance companies will do their own independent evaluations of your claim, and decide what they think they should pay—not necessarily what is fair.

This means that they might not consider some of your medical treatment to be related to the accident, they might not consider all your lost wages and will certainly discount the effect on your life.   

Insurance companies will generally use whatever tricks and calculations they can to pay you as little as possible.  Then, they will try to convince you to accept a settlement for less than what you are entitled.

This is why it is so important that you hire an experienced Phoenix personal injury lawyer to help you through your case. 

After an accident, your main focus should be getting the medical treatment you need to recover from the accident and dealing with your property damage, lost wages and other expenses.  Do you know how to address these?  Do you know what to say and what not to say to the insurance companies?  What if you say too much, or the wrong thing?  How might that impact your case?

An experienced Phoenix personal injury lawyer will allow you to focus on the most important person…yourself, while the lawyer deals with making sure the case is set up the right way to best maximize your recovery at the end of the case.   An experienced Phoenix personal injury lawyer will make sure that your medical treatment is the right treatment for you, and gets included in the insurance company’s assessment.  An experienced Phoenix personal injury lawyer will make sure that your pain and suffering and other damages are accounted for.

Understand, for an insurance company, you are merely just another claim number. But to Zachar Law Firm, you are our client.  That is a responsibility that we take very seriously, and it is the job of Zachar Law Firm to turn you into a real person whose life has been affected by the injuries—and not just a number.   

The insurance company just wants your case settled and off their books, for as little as possible.  But Zachar Law Firm, your experienced Phoenix personal injury lawyers, and staff will prepare your case and fight for you to make sure you get every penny that you reasonably deserve.

When your case settles, it is over—forever.  You cannot come back later for anything more, so it imperative that before you agree to a settlement, that you know you have the best deal possible.  Hiring the right experienced Phoenix personal injury lawyer, early in the process, will help you get everything you understand everything and get what you deserve before you settle.

What questions will be asked in a personal injury deposition? Follow these tips.

When you are a victim of a personal injury, ZLF will make reasonable every effort to settle your case. But understand, we cannot force the insurance company for the at-fault party to pay.  Indeed, sometimes they just don’t. Sometimes for a good reason, sometimes for a bad reason.  Sometimes, for no reason. Sometimes a lawsuit is necessary.  At ZLF, we are ready. Willing and able to take this step for you. After the lawsuit gets filed, the other side may request your “deposition”. What does this mean?

 It means that the other attorney gets to sit down with us,  and ask questions. What kind of questions?

In a personal injury case, there are three main areas:

1. Your life and your health before the incident that caused your injuries;
2. The circumstances of the incident that caused your injuries; and
3. Your life and your health after the incident that caused your injuries.

Before this occurs, we will sit down with you to prepare you for your deposition and then, be assured that we will be sitting right beside you when the deposition takes place.

If a question is not fair, we will protect you.  If a question is related to the case, we will protect you.  If the defense attorney is not nice, we will protect you.

We cannot avoid the defense attorney’s right to take your deposition, but we can make sure you are ready, and we will be right there beside you the whole way through.

How Do I Pay Attorney Fees for an Accident Case?

Many attorneys in personal injury cases work on a “contingency fee” basis.  This means that the attorney agrees to accept a percentage of the settlement or verdict for payment in the case—and ask you for no money.  Ever! 

Contingency fees mean that you pay zero out of pocket.  Contingency also means that no matter how many hours an attorney works on the case, you will not be charged until the attorney receives settlement or verdict in the case. Insurance companies may trick you into thinking that the attorney is only taking a percentage of what is yours and you will get more if you don’t hire an attorney.  Do you know why they tell you this?  Because the insurance companies DO NOT WANT YOU TO HIRE A LAWYER.

Countless studies have shown that people receive much more when they hire an experienced personal injury lawyer.  They get more than they would receive if they did the case alone—even having to pay the legal fees.  Many attorneys have different contingency fee arrangements based on the case, so please speak with your attorney get your specific questions answered.

Experienced Phoenix personal injury lawyers prefer contingency fees because it allows them to focus on the case without worrying you about the fees.  More importantly, a contingency fee allows you to focus on the most important thing--your physical recovery from the accident as well as other personal issues you may need to address stemming from the accident. 

Most attorneys will provide a free initial consultation, meaning that there is no cost to you to meet with an attorney. When meeting with an attorney, be sure that you discuss the fees and costs with your case.  Please don’t guess about what the contingency fee may be---speak with an experienced Phoenix personal injury lawyer.  Get all of your questions answered.

Lastly, there may be costs associated with the case (out of pocket costs), but experienced Phoenix personal injury lawyers will pay these, then reimburse out of the settlement, so, still no out of pocket to you.  It is important to hire an experienced Phoenix personal injury lawyer who will know which costs are imperative to receiving the maximum value of the case and which costs can be avoided.  This can put you a lot of extra money in your pocket in the long run.

What If I Did Not Have Automobile Insurance At The Time I Was Involved In an Accident?

In Arizona, even if you did not have automobile insurance at the time of the accident, it does not excuse the other driver from having to pay for the damage caused to your vehicle or personal injuries to you.  Regardless of your insurance, the other driver is still responsible for your damages. The at-fault driver’s insurance coverage is the most important.  

 In some states, if you are involved in an accident that is not your fault and YOU don’t have insurance, the amount you recover from the at-fault driver will be reduced.  Not so in Arizona.  Regardless of your insurance circumstances, the at-fault driver should always pay for the harm caused.  Is this automatic?  By all means no!  Indeed, it is imperative that you speak with an attorney right away if you are involved in an accident, to protect yourself and your claim.  The other insurance company may try to trick you in multiples ways—including into thinking that not having insurance will factor in reducing your claim.  It does not.

 Remember though, driving without insurance is against the law in Arizona.  The police may give you a ticket for not having car insurance. You may also face additional fines and a license suspension.  You can still receive these fines, even if you are not at fault in the accident.  It is important to have car insurance to avoid these potential problems.  If you are even partially responsible for the accident, this could affect how much you will need to pay to have your vehicle fixed. Having an experienced Phoenix injury lawyer who is familiar with the rules regarding property damage is hugely beneficial under these circumstances.

 Finally, if you have an accident and you are partially at fault, you could be sued personally for the damages which you caused the other driver. Having a highly experienced Phoenix personal injury lawyer attorney will assure that you get the protection you need to protect your assets in a difficult situation.

Will I have to go to trial for my personal injury case?

You have been in a motor vehicle or other injury-causing accident, and need to hire an attorney.

Question:  Does that mean you will have to go to trial?

Answer:  No.  In fact, far from it, and chances are your case will never get anywhere near that far.

After an accident, the first things to do are 1) seek medical care for your injuries and 2) seek legal help to protect your right to bring a claim for your damages.

Your experienced Phoenix injury lawyer will know just how to set up your claim with the insurance companies for those at-fault.

Your experienced Phoenix injury lawyer will then keep in contact and monitor your medical progress.

When your medical treatment ends and you are feeling better, your experienced Phoenix injury lawyer will gather all information to send to the insurance company for those at fault.

Scenario #1:  Your case settles.  It is over, and your medicals get paid, your attorney gets paid, and you obtain compensation for your injuries.

Scenario #2:  The insurance company won’t make a fair offer, and a lawsuit needs to be filed.

This is where the rubber hits the road—where you find out what type of attorney you’ve hired.

Will your attorney file a lawsuit and fight for you, or wither under pressure from the insurance company’s last offer and buckle?

If a lawsuit is filed, there is no better chance that your case will ever go to trial.  Indeed, 98% of all cases settle.  Some take longer.

THE BIG QUESTION:  Is your experienced Phoenix injury lawyer willing to stand tall, reject the insurance company’s last offer (if not a fair offer) and file a lawsuit?  Is he ready to FIGHT FOR YOU AND YOUR CASE? 

If so, more often than not you are going to get a better settlement down the road, and you will likely not need to go to trial to get it.

Any questions?  If so, call Zachar Law Firm. 

Get answers to your questions.  Get educated—then make your decision in deciding the best experienced Phoenix injury lawyer for your case.

What are the stages of a personal injury claim?

Personal injury claims can go in many different directions. It is important that you have the right attorney to guide you through the stages of the personal injury claim.  The basic stages of the personal injury claim tend to have the same framework.  First, the claim should be reported to both your insurance carrier as well as the at-fault driver’s insurance carrier.  However, take caution. The at-fault driver’s insurance will often be looking for ways to reduce or eliminate their driver’s liability. The at-fault driver’s insurance will also start to assess your damages and look to scrutinize or reduce the damages which you can claim. Having the right attorney by your side will ensure that your claim is presented in the best way to protect your interests.

The next stage is getting the medical care you need to feel better after the accident.  It is important to remember that you are the most important person after an accident and taking care of yourself is the priority. Insurance companies may look to scrutinize the medical treatment you receive. They may, for example, say that certain treatment was not necessary or certain treatment is not related to the accident. However, you know what you need, and your doctor knows way more about you than an insurance adjustor. Hiring the right attorney helps to ensure that all of your medical bills are paid and you receive compensation for your pain and suffering as well as any other losses from the accident.

The next and often final step is the negotiation.  This is when all of your medical records and bills and other relevant information from the accident are sent to the opposing insurance company to start the settlement negotiation.  Insurance companies will always a low amount, hoping you will accept.  The right attorney can slice up the arguments of the insurance company and make sure that you receive the maximum value for your claim.  Ultimately, the majority of claims settle at this stage, and you receive your compensation. But, for how much does it settle?  Presenting the wrong information or giving the wrong answer along the way can significantly reduce your claim, or turn a settlement into a lawsuit because the insurance company will not pay appropriate value.  Having the right attorney helps to ensure that you are protected through the claims process and you receive the most for your claim. 

The Top 3 Myth's About A Personal Injury Claim

There are many misconceptions about personal injury claims.   Discussing your case with an attorney (one who provides a free consultation) will help ease many of these misconceptions and give you a greater understanding of your case going forward. Here are just a few examples of common misconceptions:

Myth #1:  Attorneys are expensive.  False.  Most attorneys in personal injury cases will provide a free initial consultation.  If the right attorney decides to take your personal injury case, he will work on what is called a “contingency fee”, meaning there is no money due up front and the attorney’s fee is a percentage of what you recover. If you do not recover, you do not owe your attorney anything.

Myth #2:  Lawsuits are only filed by greedy people who want money.  Absolutely false.  This is what insurance companies want you and everyone to believe.  This is how they try to control the amount they have to pay, and how they try to control the lawsuit process and juries should the case go to trial.  It is 1000% false.

In many instances, your claim will settle without having to file a lawsuit. However, the legal process was created and exists to protect and help people who have been wronged.  Are you concerned about asking an insurance company to pay for your injuries and damages?  But, that is EXACTLY the reason that insurance companies exist.  When you sue the negligent driver, his name is on the lawsuit, but his insurance company is the one that will pay for your damages.  Ideally, avoiding litigation may be the less stressful route but that is just not always possible unless you are simply willing to accept the last, lowball, unfair (or even absurd) offer made by the insurance company.  Having an experienced Phoenix personal injury attorney guide you through this process and making sure that you receive every penny you deserve, is not only beneficial, it is your right as an American citizen.

Myth #3:  I can just hire an attorney later if there are problems. This is true, but also, a very dangerous way to proceed.  The opposing insurance company is looking for ways to reduce your claim, often beginning from the very first phone call you make.  You can seriously harm your claim by speaking with the insurance company on your own.  What should you say?  More importantly, what should you not say?  Do you know?  If the harmful information is given, even though innocently by you, the damage that is done often cannot be undone.  An experienced attorney knows the ways that insurance companies are looking to reduce your claim and can protect you and make sure that your claim receives its maximum value.  Hiring an attorney later is something you can do, but if the damage is already done, there may be little we can do for you or your case.

There are many other misconceptions about personal injury claims.  Many of these misconceptions are created by the insurance companies themselves. An experienced Phoenix personal injury lawyer can answer the questions you have, overcome the objections of the insurance company and ensure that your case proceeds smoothly.