Zachar Law Blog

Are free consultations really "Free"?

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.  

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Injuries while at a ballgame? It happens more than you think.

Over the past 10 years there have been injuries and deaths reported at some of the biggest sports venues in the United States.  Last year in Texas. a fan fell to his death from the stands when a player attempted to throw a ball into the crowd. In another incident, a 2 year old child died falling from a luxury suite.  Elsewhere, spectators were injured at a game when they were caught in the middle of two teams fighting one another which ended up in the seats.

For the most part, injuries sustained at sporting venues are not only common.  however, when they do occur they can range from minimal to life changing.

According to the Football Licensing Authority, spectators reported a total of 1,386 injuries during the 2009-2010 season alone. Those who attend the sporting events are presumed to know that they are taking a risk of being injured. The injury can stem from a bat, ball, puck, or any other kind of flying object. It’s part of the game even though owners have a duty to provide safety for the most dangerous parts of the venue itself.

If negligence is involved, that is a different story in its entirety.  Even though a spectator has assumed the risk of injury once they step into a sporting venue, the facility still has a legal responsibility to act reasonably in maintaining its premises, free of any known and preventable safety hazards.

Injured at a sports event? Question on the liability of the venue operator? Who decides? 

These questions are not simple.  If you get no assistance from the operators, seek a legal opinion from an experienced injury attorney.  You may or may not have a case, but you won't know until you ask.

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Study shows Insurers like Law Firm "Settlement Mills". Why?

In the article, “Run of the Mill Justice”, Nora Freeman Engstrom of Stanford Law School interviewed lawyers and paralegals at the "settlement mill" law firms,  as well as studying their not-infrequent disciplinary files. What she found would look quite familiar to anybody involved in the securities class-action business: A small group of goal-directed players who engage in repeated rounds of the same game.

Her conclusion is surprising, but logical. Law firm "settlement mills" work because insurance companies like them.  The financial "benefit" to insurance companies in just the incentive they hope for in personal injury cases.

Insurance companies choose to cooperate with settlement mills, in part because settlement mills appear willing to settle the largest claims — which present the highest chance of a catastrophic verdict — at an attractive discount. In addition, settlement mills and insurance companies share two sets of overlapping interests: speed and certainty. Insurers, it appears, cooperate with settlement mills, in even marginal cases, because cooperation is profitable.  It is attractive to insurance companies to pay a settlement mill less than they believe they would have to pay a law firm that is not a settlement mill.  

The article (hat tip to Drug and Device Law for bringing it to my attention) offers a fascinating tour through a little-scrutinized arm of the legal industry in which lawyers with little or no courtroom experience use advertising to draw in unsophisticated clients and process their claims at industrial levels of efficiency. Many of the claims involve “soft-tissue” injuries like neck sprains, which insurance-company research has shown tend to multiply in value when a lawyer is involved. 

The problems arise, and opportunity for insurance companies arise, because settlement mill lawyers have no intention of filing suit---and the insurance companies know it. (Engstrom cites one Louisiana firm that tried four cases in a year and lost all of them, before deciding that was no way to make money in the law.) As she suggests, insurance adjusters know this. So they are more than willing to pay hundreds of questionable soft-tissue claims at $2,500 or $5,000 a pop to insure that the truly dangerous accident case, the kind the right jury might decide was worth substantially more, to an injured person, gets settled along with the rest.  (Of course, the injured person never receives this information.)

Statistics show the trend. From 1992 to 2001 the number of accident suits filed in 17 states representing 53% of the U.S. population fell 14%, while the actual number of accidents rose. Insurance companies tell you that the US is "lawsuit crazy".  these statistics tell quite a different story.  the number of accidents has substantially increased, yet the number of lawsuits has substantially decreased.  Lawsuit crazy?  Hardly.

There are winners and losers in this game, Engstrom writes. The winners are the settlement-mill lawyers, who make nice incomes despite having subpar legal skills.  the insurance companies also win, by paying less on claims to victims represented by settlement mill lawyers.  The losers are the people injured in the accidents, and they never even know it.  they are told that their case is not worth much, that a lawsuit will be expensive and take a long time.  They end up consenting to low settlements "just to go away."  

There are now so many of these mills, whose advertising engulf both TV and radio advertising.  In addition, there are many law firms who know virtually NOTHING about personal injury cases, yet are willing to accept them in the hopes of making quick money.  

How do you know the difference between a good, experienced lawyer and the others?  The simple response:  Ask. Ask the lawyer if he is experienced. Ask what percentage of his practice is devoted to personal injury.  Ask if he files lawsuits and how many he has been involved in.  Ask if he tries cases in court--and how many.  Most importantly, ask if your lawyer is a Certified Specialist in Personal Injury and Wrongful Death.  (Note: Less than 1% of all Arizona attorneys are Certified Specialists.).

It is sometimes difficult to choose the right attorney for your case.  Most importantly, above all else, you should feel comfortable with your attorney. Asking the above questions should help. 

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Is your Lawyer a Trial Lawyer? Ask, then verify

 

After an injury, a personal injury lawyer can be a big part of helping you get your life back together. If you’ve been seriously hurt as the result of someone else’s misconduct, your life has probably become much more complicated overnight. How will you get to work? How will you pay your bills if you can’t work? What about your family? How do you deal with all the insurance forms? The medical bills?  Other losses?  You are in pain, and your body and mind are not capable of dealing with all of the hassles, the stress and the uncertainties that seem to come at you from every direction.  You know you need a good Phoenix personal injury lawyer to help you sort all this out, but how will you choose one?

First and foremost, know this:  Not all lawyers are the same.  If your lawyer advertises primarily for bankruptcy, or divorce, or criminal law, but their ad also mentions “personal injury cases”, you should look elsewhere. 

Second:  All personal injury lawyers are not all equally suited to handle your case.  In fact, not even close.  But how do you tell the difference?   It is crucial that you get help from one with extensive trial experience. You may be saying right now, “but I don’t want to go to trial”. Good question.  Let me give you some insight:  Neither do the insurance companies or their lawyers.  So, how do you choose an attorney who can best help you avoid a trial?  Simple you hire a “trial attorney”.  Let me explain.

There are many law firms that do not litigate cases.  Indeed, many of the big advertising firms do not litigate cases.  Insurance companies know this.  Trial lawyers litigate cases.  Insurance companies know this.  So, when negotiating a case, and knowing now that insurance companies do not like to go to trial, which group of attorneys do you think scare insurance companies the most, the attorneys who they know don’t or won’t file a lawsuit, or the attorneys who have reputations for filing lawsuits?  Yep—you guessed it.  Insurance companies will pay MUCH more attention to the attorneys who are more ready to challenge them in court—the TRIAL ATTORNEYS. 

Trial lawyers, as the name implies, direct their efforts to digging deep and preparing a case as though it will be necessary to take it to court (indeed, this is the best way to keep it out of court--let the other side know you are serious), while non-trial lawyers spend most of their time trying to arrange things to settle as quickly as possible. Again, if the insurance companies aren’t convinced you are serious, they often won’t offer you anything close to a fair settlement for your case.  Which type of lawyer is best for you?

The best personal injury lawyers are “trial lawyers”.  And even moreso, the best trial lawyers are those that have been recognized by the Arizona State Bar as being a Certified Specialist in Personal Injury and Wrongful Death.  An attorney cannot earn this honor with being a “trial lawyer”, and, less than 2% of all attorneys in Arizona are Certified Specialists.   In these days of insurance company advertising and propaganda, it is even more important than ever to make sure that the attorney you hire is a true trial lawyer.  You are assured of this when you hire a Certified Specialist.

So how can you be sure that yours is a trial lawyer? 

The answer is easy:  Ask, then verify:

1. How long have you been an attorney?
2. How many cases have YOU tried?
3. In which courts?
4. What results did YOU get?
5. How many of those cases were cases similar to mine?
6. Are you a Certified Specialist?

Phoenix Personal Injury Lawyer Christopher Zachar at Zachar Law Firm, P.C. has years of experience in dealing with personal injuries and specializes in getting victims fair compensation for their pain and suffering. Chris is a trial lawyer, and a Certified Specialist in Injury and Wrongful Death. 

If you’ve been injured as a result of someone else’s misconduct, your road to recovery, and getting the other side’s insurance company to do what is right may be a difficult one. The best way to stand up and fight for your rights is to get someone in your corner who has the experience to fight for you, to help you win your case.

Trial Lawyers: In your everyday life

Did you know that Trial Lawyers are a big part of the safety net that comprises your everyday life? You may not know it, but virtually every product that you own, from make-up to food to clothing to vehicles to toys to lawn-mowers to baby cribs and more, have specific regulations and standards set to help keep you and your loved ones safe while using these various products.

Every day, the work of Trial Lawyers | personal injury lawyers are helping to enforce the safety consciousness of the manufacturers of these products.  The laws of the United States, and the “promise” of enforcement by the Trial Lawyers assure accountability.  It is this same process that makes up the laws, rules and standards for manufacturers who make consumer goods.

In 2011 there was a recall of over 14,000 toasters that could catch fire once they were plugged in.  Without accountability, would this recall have occurred?  Likely not.

In 2011 the Ipod Nano was recalled due to it possibly over-heating the battery that could cause injury.  Why?  Because Apple knew that if injuries occurred from a normal and foreseeable use of its product, it would be liable. 

In 2010 a baby crib manufacturer recalled baby cribs that could cause infants to get stuck in the headboard causing suffocation.  No secret here---babies start dying from an unsafe product, and a serious wake up call is needed for the manufacturer.  Any better wake up call than being held legally and financially accountable?

In 2007 the “Easy-Bake Oven” toy was recalled due to over-heating and causing burns to children.  Private corporation are profit-minded.  They must turn a profit to stay in business and to keep their shareholders happy.  Lawsuits for injuries caused by defective products threaten a company’s financial viability.  The answer:  Make a product right, and safe, the first time. 

In 1978 Ford recalled the Ford Pinto because of it’s ability to easily explode while driven.  Sadly, Ford knew of the defects before it ever sold the Pinto, but decided that a re-design or a recall would be more expensive that paying the few lawsuits that might be filed.  Bad decision.  This one cost them millions. 

In 2000 Firestone Tires recalled defective tires that killed 25 people because of tire tread separation.  The wrongful death litigation that followed changed drastically the manner in which Firestone made its tires.  People are much safer today because of it.

In 2007 a recall of home electric heaters were recalled due to the oil-filled heater causing injuries and burns to consumers.  Voluntary recall?  Likely not. 

In 2006 spinach was recalled due to over 180 people getting sick due to E.coli in the tainted product, which caused a massive recall in the food product.  The consequence has completely changed the manner in which food is grown, cataloged and protected, making it far safer for the consumer. 

The above examples show how just about every consumer product in one way or another has been set to strict standards in order to keep you and your family safe. With Trial Lawyers holding these massive companies accountable, it allows the consumer to have confidence and comfort in the products they are purchasing on a daily basis.  

Without laws, and the Trial Lawyers to “promise” enforcement, there would be no accountability and would be no way to compel manufacturers and sellers from making safe products.  Their bottom line would be most important---meaning lower costs to produce, which directly affects the safety involved. 

Trial Lawyers are necessary to keeping America safe.  Think about it.

You Be The Judge: The Soccer Tackle

THE SOCCER TACKLE

During a soccer game, Kruger tackled Fanelli and severely injured him.  The play was ruled a blatant foul.  Although Kruger contended it was unintentional, he was red-carded and asked to leave the field.  Thereafter, Fanelli sued Kruger for his injuries, arguing that hard foul had caused his injury.  Kruger asserted that the tackle was just a part of the game, and that Fanelli consented to the risk of injury when he decided to play.

Did the court rule FOR or AGAINST Fanelli?

The court ruled FOR Fanelli.  The court ruled that players do assume responsibility for injury when they play a game, however, because of the extreme nature of the foul, the court found that Kruger’s actions had “fallen far below the standards reasonably to be expected of anyone playing the game.”

 

Verdict:  For Fanelli

You Be The Judge: A Fiery Case

A FIERY CASE

Flintstone, a local contractor, built a fire on his property in order to burn some rubbish and building materials.  At the end of the day found the fire still smoking.  He spread out the embers and thought the fire was out.  Soon after, two five year-old boys wandered onto the property.  A flying spark flew up and ignited one of the boys’ clothing, severely burning him.  The boy's family sued Flintstone for negligence.

Did the court rule FOR or AGAINST Flintsone?

The court ruled FOR Flintstone, and against the family.  Notwithstanding his “tender years,” the boy was a trespasser who went onto the property at his own risk.  Flintstone acted reasonably, believed he had extinguished the fire, and had no reason to expect or anticipate any intruders onto his property. The court ruled that he owed no duty to the injured boy.

 

Verdict:  $0

You Be The Judge: The Skating Mishap

THE SKATING MISHAP

Mr. Axen ran an ice skating rink called “The Ice Palace” that was well maintained and well attended.  One day, Mr. Kempema, a very good skater, began using the rink.  After half an hour of “warm ups”, he began to perform, what was described as “elaborate maneuvers”.  During one of these maneuvers, Mr. Kempema tripped on an “irregularity” in the ice and injured himself.  He sued The Ice Palace for negligence and for not maintaining a hard, smooth surface.  

Did the court rule FOR or AGAINST Mr. Kempema??

The court ruled AGAINST Mr. Kempema and in favor of The Ice Palace.  The court ruled that the ice rink was adequately maintained for the use of the general public and that Mr. Kempema, as an advanced skater (evidence by his “elaborate maneuvers”) knew well that ice surfaces are never perfect.  The condition of the ice was known to or should have been known to Mr. Kempema. 

 

Verdict Amount:  $0

Road Rage in Arizona: Part I

The scenario has played out countless times.  A car is driving down the freeway and merges into a lane without looking, subsequently cutting off a second car.  That second car speeds up, whips around to the front of the first car, and slams on his breaks.  A chain reaction of breaking ensues down the highway, and everyone caught in the mess shakes their head in disgust.

Road rage is an unfortunate--yet always interesting--topic to discuss among friends, family, and colleagues.  We each have a story of a crazed driver who just "couldn't let go" and went berserk on the road.  Maybe it's aggressive tailing.  Maybe it's the sudden break-check.  Maybe it's the classic hand gesture raised emphatically as they drive by.  And, while it pains some to admit it, there are times when they themselves are the angry road-rager in someone else's story.

Anger and frustration are nothing new to human nature.  Road rage is something a little more recent to our species.  It is often very dangerous, given that we are given command of a multi-ton speeding chunk of metal.  

For those of you who may be prone to road rage, I have some advice: calm down, and slow down.

For drivers who find themselves easily angered on the road--and then react dangerously towards other drivers--accidents aren't a matter of "if" but WHEN.  It may not have happened yet, and it's not necessarily going to happen tomorrow.  But when it does, you can look forward to significant financial penalties and possibly jail time.  Letting off a few seconds of steam simply isn't worth it, and it's undeniably irresponsible towards those of us who share the road with you.

As a lawyer who practices in this area of litigation, I assure you that your rage-induced driving will cost you.

In Arizona, a driver who causes another accident because of angry driving may be prosecuted criminally, as well as sued civilly. ARS 28-695 provides as follows:

28-695. Aggressive driving; violation; classification; definition A. A person commits aggressive driving if both of the following occur: 1. During a course of conduct the person commits a violation of either section 28-701, subsection A or section 28-701.02 and at least two of the following violations: (a) Failure to obey traffic control devices as provided in section 28-644. (b) Overtaking and passing another vehicle on the right by driving off the pavement or main traveled portion of the roadway as provided in section 28-724. (c) Unsafe lane change as provided in section 28-729. (d) Following a vehicle too closely as provided in section 28-730. (e) Failure to yield the right-of-way as provided in article 9 of this chapter. 2. The person's driving is an immediate hazard to another person or vehicle. B. A person convicted of aggressive driving is guilty of a class 1 misdemeanor.

Then, what's the benefit of acting on road rage?  Do we "win?"  Do we "settle the score?"  Do we just let off steam?  If you think about it, it's quite ludicrous and completely childish.  In fact, a road-raged driver is probably less safe than a child behind the wheel.

Of course, when we are in the throes of anger or frustration, we are not exercising the best judgment.  Rational thought is a rare commodity in these times, but you should nonetheless make every attempt to calm down, slow down, and allow yourself to regain safe control of your vehicle.  Road rage turns a vehicle into a weapon of revenge, and you will face the legal consequences.  In letting off a bit of steam, you are jeopardizing others lives, as well as your own.  

Given that there are absolutely NO BENEFITS to “raging”, your best course of action is to learn to control your anger--whether that is through relaxation techniques, counting to 10 before reacting, or simply pulling off at the nearest exit and taking a quick break.  You'll possibly be saving your own life, as well as that of unknown others. 

Update: Responsible Party of Motorcycle Accident Was Under the Influence

Meth.  Meth?! 

 

In an unbelievable update regarding the dump truck that plowed into a group of motorcyclists--killing four innocent people--it was reported yesterday that the truck operator was under the influence of methamphetamine.  In fact, police believe the driver to be an addict, meaning this reckless and abhorrent driving may not have been an isolated incident.

 

If this is true, as police suspect, this case has gone from tragic to unforgivably criminal.  

 

Police reported that the driver had dilated pupils, a high pulse rate, and he couldn't maintain his balance.  There was no evidence that he even attempted to break before slamming into the unknowing victims.  It probably wouldn't have mattered, however, since three of his six brakes were out of adjustment.  Did this guy do ANYTHING to be remotely safe?  What about his employer? 

 

Two weeks ago, a local attorney, beginning a trial in Maricopa County, had a very difficult time picking a jury because in addition to suing the responsible driver, the injured victim (plaintiff) was also suing the responsible driver’s employer.  In Arizona, an employer is deemed legally responsible (called vicarious liability) for the conduct of its employee.  The potential jurors indicated in this most recent trial that they did not think an employer should be held responsible for the actions of its employee, and, indicated that they would likely not follow the law on this issue in deciding the case.  All were excused, and the trial postponed.

 

Do you agree with them?  Given the facts of this horrific truck-motorcycle collision, how do you feel now about this issue?

 

No doubt, there will be a slew of criminal charges against the driver:  Murder or manslaughter, aggravated assault, endangerment, etc.  But what about the victims and their families?  What recourse do they have?  How will they be compensated for something that can never be replaced?  And how does this news about the dump truck driver's drug influence impact the victims' case against the man and his company?

 

In our first blog about this issue, I explained what happens when a responsible party doesn't have enough insurance.  In this posting, however, I'd like to discuss what happens when the responsible party is found to be extremely--and criminally--negligent in a case of wrongful death and personal injury in Arizona.

 

Under Arizona law, there are two (2) types of damages that can be awarded in a civil case:  1) compensatory and 2) punitive.

 

Compensatory damages are intended to “compensate” the victims, or families of the victims for their losses.  Medical bills, funeral and burial costs, pain and suffering, disfigurement, lost income, lost relationships, etc… are all types of ‘compensatory damages”.  In most losses—particularly as horrendous as this, there is no true measure of compensatory damages that can be awarded.  Money is not enough, and, no matter how much, it is always too little.  We would never trade our loved ones for money.  However, under the law in Arizona, money is the only means to compensate the victims and their loved ones.

 

Punitive damages, on the other hand, are intended to “punish” the wrongdoer(s).  The primary focus of punitive damages is to punish the “evil hand guided by an evil mind”.  However, it is not necessary for the existence of “evil”, and, that meaning is more broadly defined by the law.  Punitive damages may well apply to reckless disregard of life and the well being of others, such as the intentional ingestion o drugs or alcohol, and then choosing to get behind the wheel of a vehicle and recklessly endangering the lives of others.   

 

I'll be watching closely as this case develops, and I'll be sure to keep you posted on the legal implications of the story as it develops in the news.  I have extensive experience in the areas of personal injury and wrongful death in the state of Arizona, and I'm sorry to say that cases like this aren't rare.  

 

Our hearts go out to the families of the victims.