Wednesday, May 1, 2013

FAQS: 05/01/13


Here is our third set of frequently asked questions asked by you our readers. There has been some great questions asked, and our arizona car accident lawyer, Chris Zachar has taken the time to answer these questions directly. Remember if you have a question, please feel free to contact us directly at 602-494-4800 or even live chat with us 24/7 at our Phoenix personal injury lawyer site

You can also view our past frequently asked questions posts, both part one and part two.
How long does it normally take after obtaining a personal injury lawyer for a personal injury claim to negotiate a settlement?

Generally, the amount of time it takes to settle (assuming the case can be settled without a lawsuit) depends up the extent of a person’s injuries, and the duration of medical care.  No one should ever settle a case before they are done treating for their injuries.  The only exception to this is if you have a long-lasting or permanent injury, and you can get opinions from your doctors what your future course of treatment will be.  

As different injuries heal at different rates in all people, there is no universal answer as to “when a case should settle” after retaining an attorney.  

I was hit while attempting to make a left hand turn in the center “warning lane”. This was not at an intersection. The other driver was going in the opposite direction of me and in the right lane. At the last minute they made a lane change towards the left lane colliding with me head on. Who’s at fault? 

If I could choose which side of this argument to be on, I would choose the driver going straight.  The left turner always has a duty to yield right of way.  If on a straightaway, the adverse driver did nothing wrong by “changing lanes”.  You however assumed that you could make the turn—in a hurry or whatever, and failed to yield.  

I was driving on a suspended license. I was rear-ended by a driver at a freeway off-ramp. Can I still recover damages for my vehicle and injuries? Or am I at fault for driving in the first place when I wasn’t supposed to be? 

You can still recover for your injuries and damages.  The fact that you were driving on a suspended license will likely not even be admissible.  

What is Subrogation and how does it factor in for a case involving an under-insured driver that caused an accident? 

Subrogation generally comes into play in the circumstance of an UN-insured driver who causes an accident, not an Under-insured driver.  Subrogation is a term that is used to describe the circumstance where—because of the lack of insurance of the other driver, you settle for payment from your own insurer, and you then assign to I the right to seek reimbursement from the at fault driver.  The act of your own insurer chasing the adverse driver form a recovery is called “subrogation”.  

Can a father initiate a personal injury claim for his child, even though he does not have custody of the child? 

In Arizona, a child under the age of 18 MUST have an adult bring the claim for him/her.  This can be done by any adult, and is usually done by a parent or guardian.  

Is there a time limit between the date of MVA until you see the doctor for one to have a case?

There is no time “limit”, but generally, the longer you wait, the harder your case will be. It is your 
burden to prove that any medical care was related to the accident.  
With a delay, the insurance company for the other side will argue a “gap in care”, and make it difficult for you to prove that the care you finally did get was actually related to the accident.