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Thursday, October 16, 2014

Answer: Communicating with an insurance company on your own can be like walking through a minefield.

What should you say? What shouldn’t you say? Are they later going to use my statements against me?

Insurance companies are generally not in the “friend” category. Despite what may seem like “friendliness”, they are not there to try to figure out how they can pay you a bunch of money for your injury claim.

Just the opposite. If they can find a way to pay you nothing, they will. Otherwise, as little as possible,

If you are trying to handle your personal injury case on your own, three words of advise: BE VERY CAREFUL.

You see, insurance companies do not really treat people like they say on their commercials.

In “good hands”? Not if you are on the other side.

Like a “good neighbor”? Not like any neighbor I want to have.

15 minutes…. ? Might cost you a whole lot more than 15% if you say the wrong thing.

If negotiating on your own, 1) never give a recorded statement and 2) never put your arguments and issues in writing.

If an attorney writes it, it is attributable to the attorney and part of the negotiation. If you write it, then it constitutes your own words and might well be used against you at any stage of the case.

Not sure what to do or say? Why not seek advice and a free consult with an experienced injury lawyer?

The old adage is that “an ounce of prevention is worth a pound of cure”. If you deal with the insurance company on your own, and say the wrong thing, a “cure” may not even be possible.

Be very careful here.

Wednesday, October 15, 2014

Answer: Whether a whiplash or other injury, all case values are dependent on three factors:

Nature of the injury (what body parts are hurt)

Extent of the injury (how bad are the injuries, fracture, rupture, paralysis, etc..)

How long do the injuries take to heal (a week, a month, a year, permanent?)

Whiplash may be a temporary thing or it may result in a permanent injury.

I have represented clients who needed no treatment, needed only a few weeks/months of care, or who were rendered paralyzed from a whiplash injury.

Everyone is different and everyone is affected differently.

There is no way to answer this questions, in general terms.

The best answer is that 1) you are entitled to a settlement, and 2) that the value will depend upon the injuries and treatment needed.

Tuesday, October 14, 2014

You will benefit from the attorney’s expertise in investigating the matter, preserving evidence, managing treatment and health plans, help you with your property damage and/or to find appropriate medical treatment (that, if necessary, will wait to get paid from your eventual settlement/recovery).

An attorney will deal with all inquiries from the adverse adjuster so you can concentrate on getting better.

An attorney will document your damages so as to maximize your potential settlement/recovery.

An attorney will negotiate a settlement based on experience of what is fair and reasonable compensation for your type of injury claim.

Monday, October 13, 2014

There are many factors that come into play in regards to a successful personal injury claim in Arizona. Below are just a few factors that are involved.

Document all elements of your claim:

Medical > Document injury related symptoms and complaints within close proximity of the injury inducing event.

This means going to a medical provider as soon as is possible/necessary and verbalizing every single injury complaint that you are experiencing since the event.

Avoid large gaps in treatment (the more time between treatment, the harder to prove a causal connection to the event). Don’t over treat – if treatment is dragging and you’re not improving, ask for/seek a second opinion.

Lost Wages > Document time missed from work because of injuries and/or treatment. Document it with HR/Payroll. Tell your doctors what kind of work you do and why you can’t do it.

Provide notes from doctors to give to your employer. Keep pay stubs. Document if using sick/vacation time because you’re too injured to work.

Out of Pocket Expenses > Document all expenses incurred because the injury inducing event.

Thursday, October 2, 2014

Answer: Subject to few exceptions, one must prove another was negligent for one’s injury in order to recover damages. This includes claims for general negligence against another individual, or negligent design, manufacture, or warning in cases of an alleged defective product.

 In a claim for tort liability, the plaintiff (injured person) has the burden to prove every element of their claim, of which defendant’s negligence is a key component.

If one cannot prove the alleged defendant was negligence, they likely will not procure a recovery.

Once such exception is when there is Strict Liability.

In Arizona, a dog owner is strictly liable for injuries resulting of their dog biting another or while injuring another while “at large” (not on their owner’s property and unleashed).

In such cases, the injured party need not prove owner negligence