Christopher Zachar of Zachar Law Firm discusses the many different facets regarding personal injury law in Arizona. In episode 001, Chris discusses the complex world of slip and fall injuries and what rights someone has if they are injured due to a slip and fall injury in Arizona.
You have been involved in an incident/accident where you sustained injury. You hired the attorney/law firm you thought best for your case.
It all sounded good when you signed the papers. Now, the attorney/law firm will not return your calls.
What can you do?
First, the papers you signed are called a “fee agreement”. The purpose is to outline the fee understanding between you and your attorney/law firm.
It is not a “contract”, so you are not bound to keep the attorney/law firm. You can change at any time.
You have to wonder why the attorney/law firm is not returning your calls. Too busy? Your case not important? Poor management? Something else?
Either way, you have the right to expect better of your attorney/law firm. If you are not getting answers from them, maybe it is time to look elsewhere.
Where to look for a new attorney? Look online, and check out the reviews left by other clients. Hopefully, this way you will find an attorney/law firm more responsive to your case.
Slips. Trips. Stumbles. Falls. These happen in AZ grocery stores every day.
Often, a few bumps and bruises occur. Sometimes, more serious injuries occur.
When the injuries are more serious, is the store liable (called “premises liability”)? How do you know if you have a claim?
Generally, to hold a store liable for injuries, you must prove several things:
A dangerous condition existed;
The store had notice of it;
The store failed to remedy, safeguard or warn you; and
You sustained injury.
Almost always, the first element exists A danger. Water, other liquid on the floor, soiled/smashed produce, etc… Foreign materials on the highly polished floor is a danger.
The second prong is the hardest: Proving the store had notice. Where did it come from? How long had it been there? Did the store or its employees have “direct knowledge”?
These can be hard Qs to answer. And, generally, if you cannot answer them, you likely cannot win your claim.
In order to get to #3, you must prove #2. (See our explanation for #2 above).
Difficult cases. Not many law firms will even take a premises liability case. But we do.
Of course, if you prove the store is liable, then it will only be liable for the extent of the aggravation or worsening, and not for the portion of injury that pre-existed the incident.
Premises liability cases can be difficult, and a lot of lawyers won't’ even take them.
At Zachar law Firm, we handle many premises liability cases, most often to a successful conclusion for our clients.
We don't think twice about slipping and falling. We get up and we end up having an embarrassing story to tell.
But what happens when that slip and fall accident actually causes serious injury? Broken bones, torn ligaments, muscle tears, herniated discs, spinal cord injuries and even worse?
Every slip and fall case is different. There are different injuries everytime and there are different circumstances with each case.
But the common question among slip and fall accidents is: Who's at fault?
How do you prove fault in a slip and fall accident? What's involved? Below are the 3 ways to determine fault in a slip-and-fall injury.
- A store employee caused the condition that caused you to fall.
- A store employee was aware of the condition and did nothing about it.
- A store employee should have been made aware of the condition through property management and repaired or remove the condition altogether.
Injuries that are sustained because of a slip and fall can be devastating to say the least and proving fault can be tough.
Slip and fall accidents can happen anywhere. In stores, on side walks, in restaurants, and countless other areas. This is why premises liability can be a very complex area of law.
It's key to have an experienced personal injury law firm on your side that has handled these types of cases in the past.
A firm that has experience will help your claim. Don't guess. Don't assume. Make sure you retain the right law firm for you.
So, you
were injured in an accident and decided to bring a personal injury claim
against the negligent party. You have been suffering since your accident and
you want to be compensated for your pain and discomfort. Is that enough to win
your lawsuit? No, that is not enough.
I tell my clients, “it is
not what you know, it is what you can prove.” You know
that you are hurting, but can you prove it? Here
are the top five things you need to meet your burden of proof:
1. Medical
Treatment - The truth of the matter is that you may have pain after an
accident, but if you don’t get medical treatment, then it is 1)
hard to prove you were hurt and 2) easy for the defendant to
paint argue you were not hurt. Jurors don’t like to
hear that you “are not a complainer” to justify why you didn’t get medical
treatment, and “excuses” of any kind will likely doom your case. You
are person, not a superhero. Reasonable people
get medical treatment when they are hurt. If you don’t need
treatment, great. That is the best type of accident to be in. If
you are hurt, get treatment and follow-up with your doctors
as needed. End of story. 2. Be
Consistent With Your Symptom Reporting. When
filling out your medical paper work or speaking with your doctor/nurse,
communicate your symptoms, including your symptoms you are having at
that moment as well as the
symptoms since the accident. If a body part is painful or numb or feels
different since the accident, make sure to state that
in the medical paperwork and when you speak with your doctors. This
information should be consistent from one doctor to the next,
and, even if you see a doctor for a medical condition unrelated to your
injury, it helps if you tell them about your injury.
3. Be
Descriptive With Your Symptoms. When communicating
your symptoms to your medical provider, specifically identify the type of pain
you are experiencing. Different types of symptoms indicate different types of
injuries. Don’t write that you have “pain.” Describe the pain. There is a
difference between dull, achy pain and sharp pain with pins
and needles, numbness and tingling, etc….
How you describe your symptoms can greatly assist
the doctor in making a diagnosis. The way you describe your symptoms should be consistent with all of
your medical providers.
4. Be
Accurate About Your Medical History. If you have had
medical treatment to your low back before an accident and then suffered a new
back injury from an accident, it is extremely important that you tell all of
your doctors about your prior low back symptoms and treatment.
The law allows you to bring a claim if an accident worsened
(aggravated) a pre-existing medical condition, but juries look harshly upon
people who are not truthful. You can still have a legal claim even if you have
had prior treatment for the same body part, but a jury will turn you away if
you don’t disclose that prior/relevant medical treatment. There is no-one who
knows your medical history better than you do. You lived it. As a result, a
jury will not believe that you “forgot” your prior injury/condition if you
failed to disclose it to the doctors treating you after an accident.
5. Communicate
With Your Attorney. Whenever you plan on seeing a new medical doctor or getting
new tests or radiological studies, let your attorney know. Your attorney is
there to help guide you through the process, but they cannot do that if you do
not keep them informed. Additionally, if you decide to apply for disability
benefits or for government assistance, it is critical that your attorney be
part of that process. In your effort to seek assistance, you may be
jeopardizing your claim. Why not keep your attorney in the loop? It does not cost
you anymore, and the advice and assistance you receive is exactly why you have
an attorney in the first place.
Will these rules guaranty you a recovery
in your personal injury case? Of course not. On the other hand,
they will provide you and your attorney the information and documentation
needed to give you the best chance of presenting a successful claim.
Though there is a stigma about older drivers being
"unsafe" on roads, studies actually show that older drivers are some
of the safest drivers on the road today. By 2030, 1 out of 5 drivers will be 65
years of age or older.
“Though the natural changes that occur with age can have an adverse impact
on one’s driving ability, decades of road experience makes older drivers’
statistically one of the safest groups on the road,” said Linda Gorman,
director of communications and public affairs for AAA Arizona. “As an advocate
for the motoring public, AAA believes it is important for senior drivers to
learn how to compensate for those changes so that they can stay on the road
longer and safer.”
Below
are myths that are commonly associated with “old” drivers.
MYTH:
The fewer older drivers, the safer the roadways
FACT: While there’s no such
thing as the perfect driver, senior drivers tend to be safer drivers. In
fact, ages 64 to 69 are statistically the safest drivers on the road,
according to the National Highway Traffic Safety Administration. With
their experience, seniors are less likely to drive distracted or impaired;
tend to drive when conditions are safest; and don’t take as many risks,
such as not driving at night.
MYTH:
Older drivers are resistant to changes in driving laws.
FACT: Though such laws as
seat-belt use weren’t enacted for decades after many older drivers
received their licenses, seniors are the most likely to buckle up – and
therefore model safe driving habits to their passengers. In fact, 77 percent
of older motor vehicle occupants (drivers and passengers) involved in
fatal crashes were wearing seat belts at the time of the crash, compared
to 63 percent for adult occupants (18 to 64 years of age).
MYTH:
Aging makes most older adults high-risk drivers.
FACT: While specific abilities
needed to drive safely, such as vision, memory, strength, reaction time
and flexibility, decline as we age, the rate of change varies greatly.
Many older drivers do not differ significantly from middle-age drivers in
their driving skills. However, it’s important that senior drivers
recognize changes as they age and take advantage of resources to help
combat them.
“A lot of misconceptions remain about older drivers,” Gorman said. “Through
workshops, such as Safe Driving for Mature Drivers, AAA is working to educate
motorists on the strengths and weaknesses of drivers of any age.”
Scenario: You have
been in an accident. You are injured and need medical care. You're
going to be missing work for a time, and you still have bills to pay. This has
never happened to you before, and you're not sure what to do next. What do you
do?
As
you talk to your friends, watch TV or surf the internet, you see ads for accident
attorneys that say things like "free initial consultation" or
"no recovery, no fee" or something like that. You probably
think---wait, attorneys are expensive. Can this really be free? It
seems too good, or too easy, to be true.
So,
first question, is it true?
Answer:
Oftentimes, the simple answer is the easiest answer and the best answer.
And in this circumstance, the answer is almost always "YES”, the
initial consultation is free.
Next
question: How can attorneys do that?
Answer:
When you go to a store to buy something, do you have to pay an admission fee?
When you go into a restaurant to get something to eat, do you have to pay
a charge before walking in the door? Of course, the answer is no.
Personal injury lawyers work much the same way.
You
see, when you make an appointment with a personal injury attorney, the personal
injury lawyer is both buying and selling. First, the lawyer
must "buy” into your case.
He must believe the facts you are telling
him and must believe that with those facts, you have a claim that is worth
pursuing. At the same time, if the attorney believes it is a claim worth
pursuing, he has to "sell" himself, that is, instill the confidence
in you to help you believe that he is the best attorney for your case.
The
great majority of people who have been involved in an accident do not have the
means to pay an “admission fee” to speak with an attorney. Likewise, they
do not have the financial means to pay an attorney's regular charges, win, lose
or draw. In the United States, the laws allow attorneys to handle cases
by contingency fee. What that means, is that the attorney only gets paid
(generally a percentage of the case) if he is able to obtain a recovery in the
case for his client. In this sense, the advertising slogan really is
true: No recovery, no fee.
Question: But how can attorneys do that?
Answer:
This is where experience counts.
Would
you want a dentist performing open-heart surgery on you? Of course
not. In addition, you shouldn't want a divorce or other type of attorney
to handle your personal injury case.
Experienced personal injury
attorneys can offer free consultations, and handle cases on a no recovery, no
fee basis, because their education, background and experience helps them
understand that much better when a person has a valid case and when a person
does not. If the attorney does not believe the case to be valid, the
attorney simply turns it down. If the attorney believes the case is
valid and decides to accept the case, it still does not guarantee a recovery,
but it puts you in the best position to get to a recovery.
Question: Is it easy after that for an experienced attorney?
Answer:
Not even close.
As an experienced personal injury attorney, having been in the profession for
21 years, I can tell you it is anything but easy. Once the decision is
made to accept the case, I understand that my staff and I will be putting in
hundreds if not thousands of hours, in addition to advancing costs ($$), in
order to investigate the claim properly to obtain the best recovery for our
client.
It is our responsibility to put the case in the best position to
obtain the best recovery for our clients. However, remember, just as hard
as my staff and I are fighting to get the best result for a client, there is
likely an attorney on the other side who is fighting equally hard to get the
best result for his client or insurance company. Both sides think in the
end they are going to win.
Again, this is where experience counts.
Know the law, know the facts, know your client’s case and understand,
through experience, how a judge or a jury will likely interpret the facts
should the case get that far. That only comes with experience.
In
choosing the right attorney, look only for an experienced personal
injury attorney, and one who has been declared to be a "Certified
Specialist in Personal Injury and Wrongful Death" by State Bar of Arizona.
These attorneys have the knowledge and experience to handle your case
better than anyone, and most often, don't charge any more than the other guys.
If the price is the same, why would you choose anything but the best?
Because
of their track record of success, these attorneys don't need to charge an
"admission fee" to allow you to speak to them. With their
experience, a careful screening of the information you provide them or their
staff allows them to make a further determination as to whether they want to
meet with you. If they make the decision to meet with you to further
discuss your case, then this "initial consultation" is always
"free". There are no hidden costs, or strings Attached.
Thereafter, if they decide to take your case, if they tell you that there
is “no fee until a recovery” for you, you can believe that as well.
Look
for an experienced personal injury attorney. Look for a Certified
Specialist in Personal Injury and Wrongful Death. The State Bar of
Arizona has determined these attorneys to be the most experienced, the most
honest and the most ethical of the attorneys practicing in their field.
Free
initial consultation? 100% accurate. No recovery, no fee?
Absolutely.
Some of the most common injuries that are sustained by many
are slip and fall accidents. Many don’t think about a slip and fall accident as
being dangerous, but nearly 1 million emergency room visits are because of a
slip and fall injury.
When someone suffers a slip and fall accident, an attorney
will usually evaluate the situation to determine causation and establish
liability.
Since premises liability and slip and fall claims involve
complicated laws and legal issues, the first and most important step is to
contact an experienced premises liability attorney. A thorough and quick
investigation must be conducted and eyewitnesses must be contacted prior to any
alteration or modification of the dangerous area. It is imperative that the
owner be placed on notice to preserve
all evidence. You should contact a lawyer as soon
as is possible.
Also, there may be deadlines and statutes of limitations
that may significantly affect your slip and fall case. You should not wait
until the statute of limitations period is running out because your attorney
may not have enough time to complete his investigation.
If you or someone you know has been injured in a
slip-and-fall accident, you need to contact and experienced slip and fall lawyer
in Arizona—as soon as possible. Evidence of the cause of the incident can be
lost forever if it is not investigated soon after an accident. Whether its a defect on the floor or a liquid
spill, an experienced slip and fall lawyer in Arizona can obtain the evidence
of such condition. This is critical to proving that a landowner or occupier was
negligent in preventing the injuries suffered.
Slip-and-fall
accidents often result in serious injuries. The probability of
having a slip-and-fall accident in a public place is far greater than at home.
For one, a person is more likely to be distracted, and, more importantly, he or
she may not be aware of the existing floor defects or surface liquid spills.
The duty of businesses to exercise reasonable care to prevent exposing their
customers to an unreasonable risk of injury is critical to reducing the number
of slip-and-fall
accidents.
Whether an owner or occupier of a land owes visitors a duty
to protect them against dangers found on the land depends on the status of the
visitor at the time. Generally speaking there are three (3) categories of
visitors: 1) trespasser, 2) licensee or 3) invitee.
A trespasser is a person who enters a premises without
permission.
A licensee is a person that enters on the land, with the
landowners permission, for his or her own purpose or business. (A social guest
is considered a licensee).
An invitee is someone that enters onto the premises in
response to an invitation of the landowner.
There are two types of invitees:
(i) those who enter as members of the public for a purpose for which the land
is held open to the public (e.g., museums, airports), and (ii) those who enter
for a purpose connected with the business or other interests of the landowner
or occupier (e.g., store customers and people accompanying them, employees,
persons making deliveries). It is always important to know your rights and options if you have been injured in a slip and fall accident.
It is truly essential in Arizona to contact an experienced
slip and fall attorney if you have suffered a slip and fall accident in a store
or supermarket. Slip and fall accidents are common--so common in fact
that people injured in slip and fall accidents may not know that they may have
a right to compensation for their injuries. As such, it is essential to
consult an an experienced slip and fall attorney to see whether you may have a
valid claim.
Liability for a slip and fall accident depends on a number
of factors. Why was the injured party on the premises? A social
guest? A business patron? A trespasser?
The answer to these questions determine the standard of care the owner
of the premises needs to follow. An experienced slip and fall attorney can
explain how the answers to these questions determine whether or not you have a
good case.
When a person is invited onto the property for a social
purpose, the owner owes a duty. In a purely social settings, the owner of
the premises is liable for any concealed conditions which the owner knows about
in advance. This means that the possessor must protect his guests from
any traps that he knows of on his property. This standard does not
really apply to a supermarket patron, as they are not a social guest.
They are called an invitee.
When the owner holds the building open to the public for a
business purpose, the owner must not only protect from artificial and natural
conditions that are concealed and known to the owner, but also from any
artificial or natural conditions that could have been discovered through a
reasonable inspection. This is the classic slip and fall liability
case. Where another patron dropped a bottle of water, the owner of the
premises may be expected to find and protect other patrons from that hazardous
condition.
Lastly,
there may be no liability to the owner of premises for the injury of a
trespasser. This is because when a person shuts his or her property off
to the public, the law will not punish that person when one wrongfully wrongly
enters that property and becomes injured. So, if a slip and fall accident
occurs after a store has closed, for example, a court may not hold the owner
liable for the injury. (And, just because you fall at Walmart does not
mean that you will have a case. Walmart is subject to the same standards
and protections of every other business in Arizona.)
If you have suffered an injury in a slip and
fall accident, consult an experienced slip and fall attorney in Arizona.
Look for experience, look for a proven trial lawyer, find a certified
specialist in personal injury who knows and understands the basis of liability
in Arizona for a slip and fall case. Find a certified specialist who will
help you get the answers and recovery you are entitled. Call the Zachar
Law Firm today for a free, no obligation consultation at (602) 494-4800.
