Zachar Law Blog

Do I need an attorney to pursue a wrongful death case in Arizona?

You, unfortunately, find yourself having to deal with all the legal aspects of the loss of a loved one. A "wrongful death" case means that your loss has occurred due to the wrongful conduct of another. What do you do?

Do you need to find an attorney, and do you need an attorney to assist you in the case?

The first and simple response is that no, you do not “need” an attorney. Could you possibly handle it on your own?  Possibly. But, do you know what to do? Do you know what to say? Do you know what not to do? Do you know what not to say?

Wrongful death cases can be extremely complicated. Do the wrong thing or say the wrong thing and you could truly hurt your case with the insurance company. Getting an attorney involved is your best ASSURANCE that things will be handled the right way.

First, look for an attorney with the experience and the proven track record to handle your wrongful death case. Many attorneys advertise for these types of cases, but not all attorneys actually focus on this type of work. Look for an attorney who handles only personal injury and wrongful death cases. Look for a trial attorney.

The good news is, it doesn’t typically cost anything to meet with, talk to, and interview an attorney to make sure that they are the right attorney for your case. And, if they decide to take your case, they will likely handle it on a percentage recovery. That means it costs you nothing until the case is resolved.

Whether you decide or not to hire the attorney, schedule the meeting, get all of the facts and then make your decision.

Zachar Law Firm has been representing personal injury and wrongful death victims for nearly 25 years in Arizona. Personal injury wrongful death law is what we do. And, it’s all we do.

How are damages calculated in wrongful death claims in Arizona?

The death of a loved one is unimaginable. The first thought that comes to mind is the emotional loss you feel.  These are real damages which are recoverable in Arizona.  The companionship, love, and life you shared are elements that are considered. The other component to wrongful death damage is the financial loss to the family if the loved one provided financial support.  When this support is lost, many concerns arise about how to pay rent, utilities, tuition or grocery bills.  Wrongful death actions give only some family members the right to seek damages for the loss they have suffered due to the death of their loved one. 

In many wrongful death cases, once the fault of the other at fault person or entity is established, the financial support losses are the largest, often most complicated and challenging aspect of a wrongful death case.  The at-fault party will attempt to undervalue the financial losses by taking the position that the support was not consistent or reliable. 

If you have suffered the loss of a loved one, reach out to Zachar Law Firm.  We can help you through this process, assess the support you need and the available forms of recovery for you and your family.   When this happens, fighting the at-fault party is not and should not be the focus of your energy but healing.  Zachar Law Firm can take this burden off of you and fight for what you and your family deserve. Call us at 602-494-4800, or visit us online at https://zacharassociates.com. Remember, you're not alone in this. We can help. 

How do you file A Wrongful Death Claim In Arizona?

A wrongful death claim is more a description of a procedural process than it is a description of the claim.  When a person dies, they essentially lose their claim.  However, the Arizona legislature enacted laws (statutes) that allow the claim (or similar claim) to be prosecuted by either (1) decedent’s estate or (2) family members of the decedent, which the legislature has specifically listed in the statute or both.  Thus, a wrongful death claim is a statutory claim that arises if the legally wrongful or improper actions or inactions of a tortfeasor (the wrongdoer) cause the death of a person (victim/claimant).  The acts or inactions of the tortfeasor establish the claim.  For example, if the tortfeasor intentionally injured the victim, the underlying claim may be assault, battery, false imprisonment or whatever intentional tort caused the death of the victim.  Likewise, the underlying action that caused the victim’s death may have been unintentional such as negligence or medical malpractice.  Regardless of what the underlying act consisted of, the assertions of the specific tort that applies must be pled.  However, because the act or failure to act (depending on the facts of the case) led to the death of the victim, the underlying tort claim must be pled or prosecuted under Arizona’s wrongful death statutes (A.R.S. § 611 – 613).  Consequently, the wrongful death statute becomes the mechanism for prosecuting the underlying claims against the wrongdoer (tortfeasor).

Because the improper act caused the death of the victim, the claim must be pled and prosecuted under the wrongful death statutes.  As such, the statute itself defines the claim, when the claim must be filed, those that may make the claim and the remedies permitted.  Here is what Arizona’s wrongful death statute permits:

1. An estate may be opened for the decedent and the decedent’s estate may assert a claim.  The estate, however, is limited to the following remedies:  (a) medical expenses that were caused by the wrongful act that lead to the death, and (b) funeral expenses.  Thus, while the estate does have a claim, its remedies are severely restricted.  It is not entitled to lost income or pain and suffering. 
2. The wrongful death “beneficiaries” include only the following:  surviving spouse of the decedent; surviving parents or the decedent; and surviving children of the decedent.  No other relatives of the decedent have a claim.
3. While all of the referenced wrongful death beneficiaries may have a claim, only one of the beneficiaries may file the claim- but when doing so, bring it on behalf of ALL the wrongful death beneficiaries. 
4. The wrongful death beneficiaries’ claims are essentially a loss of consortium claim- meaning the damages they may claim is the loss they each may have suffered from the loss of the decedent.  Thus, while all of the beneficiaries listed in the statute have a claim, the monetary value of each of their claims is based on the quality of the relationship they had with the decedent.  Thus, a beneficiary that had a close and long-lasting relationship may have a greater monetary loss than a beneficiary that had a poor relationship with the decedent.  In addition, the beneficiaries (more applicable to children or spouse of the decedent rather than the parents of the decedent) may have a claim for the loss of the income for which decedent was supporting during the decedent’s life.

Wrongful death law in Phoenix, Arizona can be very complex. Make sure you have the right personal injury law firm representing you. 

How long do I have to file a lawsuit after a truck accident in Arizona?

Arizona law generally allows two (2) years from the date of an accident to file a lawsuit, but there are exceptions to this. Government owned truck? Your deadline may only be 180 days from the date of the crash.

Were you in the scope of employment when the crash occurred? You may only have 1 year. Any minors hurt? Generally, a minor’s time to file is 2 years from the date they turn 18.

Calculating the time frame for the trucking accident you were in can be tricky. If you are wrong, your claim could be barred forever. It is absolutely best (and sometimes needed) to consult with an experienced Phoenix trucking accident lawyer right away to ensure evidence is preserved, and to ensure that your case is filed in a timely manner.

At the ZACHAR LAW FIRM, we always conduct a very thorough investigation of your accident, designed to MAKE CERTAIN that you and your claims are protected at all times.

Our lawyers are skilled at evaluating all of your claims – and work to get the best result as allowed by Arizona’s laws. Questions? Consultations are always free at Zachar Law Firm. Feel free to call us anytime.

The Pursuit of Excellence.

This guest post was written by Heidi Kelsch, a Senior Paralegal at Zachar Law Firm.

November 3, 2012 is the 20^th Anniversary of the day Chris Zachar was admitted to practice law in the State of Arizona.  Now, I haven’t been around for all 20 of those years, but I have been fortunate enough to call him Boss for the last 15 years.  After getting his feet wet and learning the ropes at another firm, Chris started his own firm in January, 1996.  His goal was simple:  To provide legal services to his clients with the same level of care and concern he would want an attorney to show him, if he had been injured by the negligence of another.  Chris has endeavored to provide excellent service and caring representation to each and every one of his clients since that time. 

When I started working for him in 1997, his son Tommy had just been born.  Chris was over the moon about his son’s birth – but he was still in the office before anyone else.  He worked through lunch most days, and while he always went home to have dinner with his wife and son, he often returned to the office afterwards or worked from home until late in the night.  While I know Chris to be a highly driven, Type A personality, much of what drives him is his desire to provide the best service to his clients.  He takes every phone call he can when he is in the office.  He returns every call he misses.  He responds to every one of the hundreds of emails he gets every day personally.  Always in the back of his mind is the question:  How can we get better at what we do, how can we do more, better, faster? 

Over the past 15 years, Chris’s life has changed in many ways.  He and his wife added two daughters to their family, and their oldest is now in high school.  Chris has been incredibly active in his children’s lives, often coaching their sports teams, and rarely missing a game or a practice.  If the time he spends with his family robs from his time at work, he sacrifices sleep to make it up.  Most mornings I have multiple emails from him by 4:30 a.m.  He’s in the office, working hard, by 5:30 a.m. He still works through lunch most days, and he still comes back to the office or works from home most evenings.  Chris works just as hard now as he did when he first started. 

I used to think that once he reached a certain level of success, his drive would lessen, and he would work maybe just a little less hard.  (At least, I hoped so!)  But so far, none of his success has changed him.  He remains just as committed to providing the best legal services he can to his clients now as he was when he started his firm.  He still gets fired up about new cases, celebrates the smallest settlements as much as the largest, takes on the battles that need to be fought, advocates for the victims who have nowhere else to turn, and when necessary, he sacrifices his fees in order to provide the best result to his clients. Other attorneys might show signs of wear and exhaustion and burnout after 20 years – but not Chris.  He will be as anxious to get up and go to work tomorrow and the next day as he was today, and yesterday, and the day before.  He will be in before any of his staff, and in the back of his mind, he will be pondering the eternal question: How can we get better at what we do?

Can't ever talk to your Attorney? It's time to look elsewhere!

Can't ever talk to your Attorney? Always re-routed to an Assistant?

It's time to look elsewhere!

FACTS: You are involved in a personal injury claim matter.  You hire an attorney, and maybe get to speak to him/her in an initial meeting. Since then, you never hear from your attorney.  All communications get routed to an office assistant. No matter what you do, the only voice you hear (if you hear one at all) is an assistant’s. 

One word of advice: RUN!

There are many commercials, advertisements and other media resources that many law firms use that claim they help “protect your rights” and help you recover when you have been injured due to another’s negligence.

In a wreck, need a check?

One call, that’s all!

Lower fees—it’s about time!

But what happens when you actually call one of these firms and only speak with a legal assistant, but never an actual attorney. Is this a good sign?  What do you do when you repeatedly ask to speak with your attorney, but are denied. Can you trust the person you are talking to? 

If your attorney is too busy to get on the phone when you call, too busy to return your calls or too busy to ever meet with you, he/she is probably too busy to work your case.  Is that the type of attorney you are looking for, one who is going to leave it to assistants who probably have no more (and maybe less) education than you do?  I thought you called the “law firm” to speak with a professional who is educated in the law?  Is it good enough then that the professionals are too busy for you?

These kinds of concerns are real. These types of situations happen more often than you might think. If you have ever used the services of a big advertising firm, you probably understand this article very well. 

QUESTION:  Can you do anything about it?

ANSWER:  You bet you can.

You always have the right to seek other counsel for your case.  The ethical rules of Arizona prohibit attorneys from “contracting” with you and “locking you in” to their services.   Fee agreements in personal injury cases should specifically state that if you decide to seek representation elsewhere, you have that right. 

The No. 1 biggest client complaint is “lack of communication”.  Most if not all attorneys know this.  So what do they really think of you or your case, and what should you do if they fail or refuse to meet with you, speak with you or return a phone call or email?

Run.  Don’t walk.  Run...

Traumatic Brain Injury: TBI and it's affects after an accident

Traumatic Brain Injury (also known as TBI) is not like any other injury on the part of the body. A blow to the head can cause very severe damage that can affect all aspects of the brain. TBI can affect the five senses to sleep patterns, personality changes, and even the ability to reason.

TBI is caused when the head suffers instant trauma of some kind. TBI can be caused by a car accident, a bullet, a sports injury, explosive shock, and even a fall. Each TBI is different and can often range from a mild factor to even very severe depending on the impact to the brain initially.

TBI may be severe, or it may be so mild that the symptoms and condition go undiagnosed for a period of time.  Difficulty recalling things, lapses in thoughts, etc…, may not even be picked up or related to that recent car accident.  A victim does not need to hit their head on anything.  A victim of TBI may or may not lose consciousness.  The consequence of the braining jarring about inside the skull, from a whiplash type motion (called “coup-contra coup”) can result in mild symptoms that may last for many months or years.   Victims of TBI or mild TBI will usually experience some of the following symptoms:

-         Headache

-         Confusion

-         Dizziness

-         Blurred Vision

-         Light Headedness

-         Bad taste in the mouth

-         Fatigue

-         Mood changes

-         Trouble with memory

-         Trouble sleeping

-         Struggles with thinking

-         Paying attention

Medical attention should always be the first priority anytime a head injury does occur, even if you feel initially fine after a blow to the head. TBI can lead to permanent brain and nerve damage, and permanent consequences.

If you suffer even a mild TBI injury due to an auto accident or other mishap, please be sure to seek an experienced Phoenix personal injury lawyer who has not only handled cases similar to yours in the past, but also has the experience to protect your rights.

4 dead in Casa Grande crash may be undocumented immigrants

Police say a single-vehicle crash early Wednesday morning in Casa Grande ended with the death of four people believed to be undocumented immigrants.  The crash happened around 1 a.m. near Florence Street and 3rd Avenue.

U.S. Border Patrol and Homeland Security reportedly notified Casa Grande police about two vehicles driving together that they thought to be a “load vehicle”.  According to Casa Grande police spokesman Thomas Anderson, a police officer nearby saw a 2001 Dodge Durango enter Florence Street at a high rate of speed.

The vehicle tried to turn west onto 3rd Avenue when the driver lost control and crashed through a residential yard near a house, Anderson said.  Homeland Security and Border Patrol were following the vehicle at the time, he said.

No one in the house was hurt.  Authorities found a total of 11 people in the vehicle.  Three of them were found deceased, Anderson said.

Two people were transported to Casa Grande Regional Medical Center. Three others were flown to Maricopa Medical Center. One of them has since died.  Two more occupants were taken to Banner Good Samaritan Medical Center and the suspected driver was flown to St. Joseph’s Hospital.

The conditions of those who survived are unknown at this time.  Homeland Security reportedly has the driver of the second vehicle in custody.

The driver of the Dodge Durango is a female from Eloy, but her name has not been released.  Other than the two drivers, all of the occupants in the Dodge Durango are believed to be undocumented immigrants, Anderson said.

Homeland Security and U.S. Border Patrol have custody of all the people involved in the incident.  Casa Grande police are investigating the crash.

QUESTION:  Can an illegal immigrant who is injured in an auto accident make a claim against the responsible driver?

ANSWER:  Yes.  There is no prohibition against an illegal or “undocumented” immigrant making a claim for injuries and damages in a car accident, or any other injury-causing incident.  In this regard, all people in Arizona have the same rights. 

QUESTION:  Is a jury likely to give money to an injured person who is in the US illegally?

ANSWER:  The answer to this depends upon the people on the jury, but likely, the jury won’t even be told that the claimant is “illegal”.  Under Arizona law, and as a Phoenix car accident lawyer, there is no relevance to this information.  If they are hurt, they have the same rights as others.  If someone causes them harm, they have the same legal responsibilities to pay for the harm, regardless of one’s legal or citizenship status. 

DO YOU AGREE WITH THIS?  PLEASE FEEL FREE TO SHARE YOUR THOUGHTS.

Victims of Hit and Run Accidents Still Have a Case

This weekend marked another horrible instance of a deadly hit and run accident here in the Valley.  A Tempe man was riding a motorized bicycle on Saturday night when he was struck by a vehicle.  He was rushed to a hospital, where he later died.

As for the responsible vehicle:  the driver didn't even stop.  Police are now on the hunt for the suspect.

Hit and run cases are gut-wrenching for several reasons.  First of all, we are disgusted at the lack of responsibility on the part of the drivers who scram.  We're also angered by the sense of injustice for the victims, who may be unable to find recompense for what they've suffered. 

For many people in Arizona, this raises the question of whether--and how--a hit and run victim can claim damages.  

The 1^st answer may be "Good luck with that”.

The better answer lies in the extent to which the victim had protected himself with his own insurance coverage prior to the loss event.

In Arizona, auto insurers are REQUIRED to offer you Uninsured and Underinsured coverage at the time you purchase automobile insurance.  They must tell you about it, offer it, and if you decline, have you sign paperwork to prove that you were offered it and declined. 

In the above instance, if the bicyclist had Uninsured insurance coverage on a vehicle, then his own insurance company would be required to pay the value of the claim---even if the at fault driver is never found. 

So what steps should someone take if they or a family member has been part of a hit and run accident?  

Insurance matters are tricky, and unfortunately, you don’t always get straight answers from the insurer’s representatives. Protect yourself as best you can.  Call an attorney who is a certified specialist in personal injury and wrongful death law in Arizona. They can investigate and help determine for you whether there is an avenue of recovery for you.   

As always, I wish you and your family very SAFE and ALERT driving this summer.

 

When a Doctor Says "I'm Sorry" -- What Does That Mean in Arizona?

One Arizona medical malpractice law that deals with a doctor’s admission of negligence is called the “I’m Sorry” law. This Arizona medical malpractice law is designed to shield doctors from unwarranted lawsuits brought by individuals that would use a physician’s admission of regret and feelings of sorrow as affirmative statements of fault or negligence. The Arizona medical malpractice law was created to limit the amount of claims brought against physicians.  It is believed that if physicians can simply apologize for their mistakes, it will diffuse an otherwise injured or damaged victim from deciding to file a lawsuit for their injuries. 

Medical malpractice occurs when a healthcare provider delays or fails to diagnose needed treatment.  It also occurs when a healthcare provider makes a mistake that the medical community would not make.  This is called “standard of care”. Examples of medical malpractice include misreading or misinterpreting tests, mistakes made in surgery, administration of the wrong medication or wrong dosage, or simply failure to notice a problem. Generally, when these types of errors cause serious injury or wrongful death, it is considered medical malpractice.

Thirty-five (35) states including Arizona have “I’m Sorry” laws that protect health care providers who express sympathy to a patient for an unanticipated outcome, from having such statement used against the physician in an ensuing lawsuit. The purpose of the “I’m Sorry” law is to encourage open communication between patients and physicians without fear of reprisal in the form of a medical malpractice lawsuit. The types of expressions covered by the “I’m Sorry” Arizona medical malpractice law and their level of protection vary among the states. In Arizona, a physician is protected from a statement, gesture, or expression if it is related to the discomfort, pain, suffering, injury or death of the alleged victim.

The Arizona medical malpractice law provides that the communication is inadmissible as an admission of liability or an admission against interest. Thus, if a person is further injured or dies in a medical setting, and you believe that medical malpractice is involved, the conveyance of regret and being sorry for the outcome is generally not admissible in court to prove negligence or fault by the physician. However, if the physician communicates more than just a general feeling of regret and communicates that he is sorry for performing or failure to perform an action that constitutes medical malpractice, the Arizona medical malpractice law does not completely protect the physician

Medical malpractice cases are always difficult, and always hard fought by the physicians and their attorneys.  Since the Arizona medical malpractice law is fairly complicated and can be tricky in applying to a certain situation, contacting an experienced attorney that specializes in medical practice is advised. An attorney familiar with the Arizona medical malpractice law will be in the best position to determine whether or not the “I’m Sorry” law applies and whether the statements by the physician can be admissible in a medical malpractice lawsuit.

The attorneys at Zachar Law Firm are experienced specialists in Arizona medical malpractice cases.  You can call for a free, no-obligation consultation at (602) 494-4800 or visit www.ZacharAssociates.com.