Zachar Law Blog

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.

Can a passenger in an accident file a personal injury claim?

A passenger in an accident can absolutely file a personal injury claim. Actually, a passenger often has an easier case because the passenger cannot be blamed at all for the accident—unlike the drivers involved.  If the driver who was driving the vehicle is at fault, a passenger has the legal right to proceed against that insurance policy. If the other driver is found to be at fault, a passenger can pursue a claim against that driver’s insurance coverage.

A passenger’s injury claim often proceeds like a normal claim.  A passenger is entitled to the full payment of all their medical expenses, pain and suffering and any other losses.  Further, if there is not enough coverage from the at-fault driver’s liability policy, the passenger may have multiple options to bring an underinsured motorist claim (“UIM”).  But be careful:  As a passenger, you may be experiencing more than one insurance company hounding you for information and looking for ways to dispute your claim. It is important that you have the right Phoenix personal injury lawyer to protect your interests and make you receive everything to which you are entitled.

How Do I Pay The Attorney’s Fees in My Car Accident Case?

Most all personal injury lawyers, if they decide to take your case, will handle the matter on what is called a “contingency fee”.

That means 1) no money owed to them to start the case and 2) they will only get paid if they recover for you.

Wait:  Does that mean if I lose, I owe the attorney nothing for the time spent on my case?

Answer:  Yes, that is precisely what it means.  No recovery for you, and you owe nothing.

The purpose of contingency fees is that such allows people who may not have an attorney to be able to get one and pursue a case.

Some will argue that the percentage charged by the attorney at the end of the case, often 1/3 or more of the recovery, is too much, but remember, in taking the case the attorney has dedicated his education, experience, time, staff, resources and his own money for investigation with the risk of never getting paid for any of it if there is never a recovery. 

The client gets an experienced attorney to help give the best possible chance to get the best possible recovery, without having to pay anything, unless they win.

No other profession does that for its clients.  Not doctors, accountants or any other.  Bad result, sorry, but here is my bill. 

So, in looking for the right injury lawyer for your case, why not hire the best, most experienced you can find?  Is your attorney a Certified Specialist in Injury and Wrongful Death? 

Do some online research; see what past clients say about the attorneys.  Then, choose the right one for you. 

What damages can I seek in my personal injury lawsuit?

People often ask whether the compensation they may receive for a personal injury lawsuit is taxed. The answer is no. Why not? Because the injured victim is compensated for his or her loss or damage in an amount to make the victim whole; i.e., an amount that places the victim in the position he or she was in before the injury sustained. The compensation the victim received is not considered “gain” because the victim gained nothing and is merely being placed back in their pre-injury status.

Understanding this underlying principle is paramount when assuming the types of damages a victim may be entitled to in a personal injury lawsuit.

Under Arizona law, a victim of a personal injury is entitled to the full cost of his/her medical expenses, now and in the future, pain, discomfort, suffering, disability, disfigurement and anxiety already experienced and reasonably probable to be experienced in the future. These victims are also entitled to recover for 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).

Depending on the nature and extent of the injury, a victim may be entitled to loss of credit, loss of consortium (love, affection, intimacy, etc.). The damages are specific to the losses suffered by the victim and are still subject to the rigors of proof and must be causally related to the conduct of the wrongdoer.

What if I don't know who caused my car accident?

You have been involved in an accident but have no idea 1) who the responsible driver is and 2) no means to identify that driver (i.e. “hit and run’).

Your car is damaged; you have injuries and need medical care; you have lost time from work.

Do you have anywhere to turn?  The answer may be “Yes”---if you have the right insurance on your own policy.

Collision coverage:  Will provide money to pay for the damages to your car is damaged in an accident, regardless of fault.

Uninsured Motorist Coverage:  Will pay for your medical bills, lost wages and pain, and suffering—if the at-fault driver cannot be found.

Medical Payments coverage:  Will pay for medical bills you incur for treatment for your injuries. 

Unfortunately, if you have been involved in an accident but have no idea 1) who the responsible driver is and 2) no means to identify that driver, there is simply no way to recover against that driver.

But, if you have the right coverages to protect yourself in this circumstance, there is still hope on the horizon.

Lastly:  Don’t be fooled into thinking that because you are dealing with your own insurance company that they will treat you any better.

Talk to an experienced personal injury law firm.  Learn your rights and get the help you need.