Richard Gullette Injury Law

WHAT HAPPENS WHEN I GET BIT BY A DOG?

nzade@thatagency.com (Nina Zade) — Tue, 25 Jan 2022 19:51:28 GMT

Dog bites are quite common in the United States. Each year, close to 4.5 million dog bites occur and, of these injuries, nearly 20-25 percent require some type of emergent medical care. No matter how big or small the dog’s size, the potential for a dog bite exists. If you get bitten by a dog, call a dog bite lawyer Phoenix. Dog bites can cause serious injuries . They can cause severe damage to the body, and many victims can be left with life-long post-traumatic stress syndrome or a fear of dogs for the rest of their lives. Some of the common dog bite injuries include the following:

Puncture wounds can be deep and injure blood vessels or nerves.
Facial injuries may include injury to the eye, nose, lips, or cheeks. In many cases, the skin may be torn off; even after successful surgery, the individual can be left with lifelong scars.
Broken bones in arms or legs.
Torn muscles.
Infections.
Rabies is very rare and there are only a handful of cases in the United States. Most rabies cases are not from dogs.

Why Do Dogs Bite?

For the most part, dogs do not bite spontaneously. Dogs are more likely to come near you, sniff you, and go away. There are times, however, when a dog will bite, and the reasons can include the following:

Fear: Some dogs have an inherent fear or might be fearful if you venture into their space. When people enter a dog’s space, the animal can become scared or afraid and it may respond by biting. Thus, the best way to avoid such dog bites is to keep away from the dog’s space if you don't know the animal.
The owner: In many cases, the dog’s aggressive behavior may be due to the owner. The dog may be poorly treated, abused, tied up all day, and/or taught to be aggressive. Many dogs who bite have been trained to do so by their owners.
Startled: Sometimes a dog who gets startled will bite. For example, if the dog is asleep and a stranger tries to pet the animal, he may startle the animal who may bite – only in an attempt to protect itself. This is particularly true of older dogs who have poor eyesight or are hard of hearing. If you have children in the home, always teach them to avoid startling the dog.
Protection: The majority of dog bites occur because the animal is just protecting itself or the property. Some dogs do not like their people to touch their food while eating, and they can become very aggressive.
Frustration. Frustration is another reason why a dog can bite. Some owners keep the dog caged, never take it out for a walk, and this can lead to frustration. Dogs like the outdoors and it is important to take them out for a walk and exercise. Keeping a dog indoors 24/7 creates severe frustration that can lead to property damage and dog bites.
Pain: Sometimes a dog may be sick or injured and/or is in pain. Even the most well-behaved dog can bite in such situations if they are handled inappropriately.
Play: Many smaller dogs like to nip and bite during play. The bite is usually only a nip and it is a common behavior. While adults may not find the nip bothersome, it can cause deep injuries to a child. In rare cases, the dog may get carried away during play and induce a painful bite.

What To Do After A Dog Bite

If you have suffered from a dog bite injury, contact a dog bite lawyer. Following a dog bite, here are some tips on what to do next:

If the injury is serious, seek immediate medical attention. For example, any dog bite to the face, groin, or hand needs to be managed as soon as possible. You may need a tetanus shot, wound cleaning, or possibly even a rabies shot. Make sure the healthcare provider documents the details of your injury because you will need the full report if you plan to file a claim with a dog bite lawyer Phoenix. Do not forget to give the healthcare provider the dog owner's name and contact information because he or she will need to verify the vaccination status of the dog and/or speak to the dog’s veterinarian.
The next step is to file a report with the local police department. Explain in detail what happened and offer the police the names of any witnesses who may have seen what transpired. Also, submit any photos of your injury and the medical report as well.

Importance of Filing a Police Report

It is always important to file a report following a dog bite if you plan to file a claim with help from a dog bite lawyer. Without documenting your injuries or damages, there is usually no compensation . In addition, if the owner refuses to pay for your medical bills, then with the evidence you have, you can file a lawsuit. Also, if you file a police report, the local animal control agency will get involved to determine if the dog is aggressive or being treated poorly. This will help ensure that the dog will not bite anyone else in the future.

Animal Control Agency

In the majority of dog bite cases, the local animal control agency will get involved. They have legal authority when it comes to the investigation of dog bites. First, they will determine if the dog is aggressive, or dangerous. Second, if the vaccination status is unknown, they may quarantine the dog for 5-7 days to look for signs of infection. Third, If the dog has a history of biting people, it may be seized and even euthanized.

Should I Contact A Dog Bite Attorney?

If you are bitten by a dog and have serious injuries, you will likely be faced with a long list of medical bills that include a visit to the hospital, wound care, a tetanus shot, and perhaps even a rabies shot. In addition, if the bite is deep, it may even need to be explored in the emergency room to manage any bleeding or nerve injury. Facial wounds can lead to eye damage, torn lips, and lifelong scars. In addition, you can have prolonged pain from the incident. In any of the aforementioned scenarios, a dog bite lawyer Phoenix will definitely be an asset to you.

What Type of Compensation Can Be Received?

Like other personal injuries, the compensation following a dog bite will usually include the following:

All your medical expenses
Any loss of wages and future income
Counseling if you develop a profound fear of dogs
Surgery for scar repair
Pain and suffering
Future medical expenses

CONCLUSION

To recover any damages, the best option is to consult with a dog bite lawyer Phoenix who can advise you of your rights and assess the validity of your claims. By working with a dog bite lawyer, you will be better prepared and able to recover all your damages, including any potential future surgeries to repair scars. The dog bite injury lawyer can also represent your interests when negotiating with the insurer so that you will not be convinced to accept a lower sum of money as a settlement than you deserve. Also, if the insurer is not willing to negotiate or is offering a minimal sum of money, the lawyer can also file a lawsuit on your behalf. It is important to remember that there is a statute of limitations in Arizona. If you are the victim of a dog bite, Arizona law states that you should file a lawsuit against the dog owner within 12 months from the day of the attack, or your case will be thrown out. Arizona has very strict laws regarding dog bites; therefore, it would be in your best interest to contact a dog bite lawyer Phoenix. The Law Offices of Richard A. Gullette are experienced in handling dog bite cases. Call Rick today at 1-602-230-2916. As he always says, experience matters.

WHAT HAPPENS IF MY DOG BITES ANOTHER DOG?

nzade@thatagency.com (Nina Zade) — Tue, 25 Jan 2022 19:51:25 GMT

Dogs may be loving and affectionate creatures but sometimes these four-legged friends have a tendency to bite other dogs; and, in most cases, it is a bigger dog biting a smaller dog. Because big dogs have a powerful bite, the resulting injuries to another dog can often be serious. What happens if my dog bites another dog? Just as there are dog bite laws to protect humans, there are also laws when it comes to dogs biting other dogs. Each state has its own dog-to-dog bite laws , but, in general, most states treat the dog as property. For example, if you are driving your car and run through a red light and crash into another car that had the right of way; legally, the person who ran the red light and caused damages to the other car is responsible, and that same philosophy applies to dogs that bite other dogs.

In general, if a dog is not socialized at an early age, the chances of it biting other animals or people are higher. The legal repercussions that follow if your dog bites another dog are basically the same as if it bit a human.

Why Do Dogs Bite Other Dogs?

There are many reasons why dogs bite other dogs and they include the following:

Dogs can be territorial and will bite at other dogs that venture into their area.
Some dogs are said to be naturally aggressive, like the Staffordshire Terrier, Pit Bull, Doberman, or the Rottweiler.
A great many dog bites occur because the pet has not been socialized and may have jealousy issues.
Other dogs will bite because the owner has trained them to be aggressive.
Some dogs are abused and treated poorly, and, of course, they will be afraid, anxious, and scared. Those dogs have a higher potential for biting other dogs or humans.

What To Do If Your Dog Is Bitten By Another Dog

If your dog is bitten by another dog, here are some tips :

Remain calm; the more anxious and agitated you become, the more the other dog will be irritated and aggressive.
Do not blindly try and step in the middle of a dog fight, or you also run the risk of getting bitten.
Focus on getting your dog away from the other dog safely; maybe clap loudly to distract the other dog.
Once your dog is away from the other dog, ask the other dog’s owner for details, such as contact information, vaccination status, etc. If you have a smartphone, obtain images of the dog owner and the dog if he or she is uncooperative.
Take your dog to the veterinarian for an exam and get pictures of any injuries.
File a police report.

Negligence and Duty of Care

When a dog bites another dog, in most cases the owner has been negligent and breached the duty of care. This means that the dog owner is liable for the other dog’s injuries and any resulting damages. A dog bite attorney in Phoenix can help you discern the situation.

What Type of Compensation is Available for Dog Bite Injuries?

Fees associated with dog-dog bite injuries usually include the following:

Reimbursement for all the veterinarian bills;
Fees for all medications (pain pills, antibiotics, tetanus shot, etc.);
Kennel fees if the dog has to be admitted;
Fees to retrain a dog if the dog was a support dog who is injured and needs to be replaced; and/or
If the bitten dog dies, fees to replace the dog are also included.

How Do Courts Decide on Liability When it Comes to Dog-to-Dog Bites?

To determine liability, the court and a dog bite attorney Phoenix usually look at a few characteristics of the aggressive dog that include:

Size. In general, a bigger dog is more likely to bite a smaller dog.
Past aggressive tendencies. Speak to neighbors of the dog to ask if they have had any issues with the dog at fault, such as has the dog been aggressive towards their children or their pets?
Citations. Has the local animal agency issued any warnings or citations regarding the dog's behavior in the past?

If any of the above answers are yes, then it is likely that you have a strong legal claim for any injuries against the dog's owner. Contact a dog bite attorney Phoenix.

Is the Dog Owner Always Responsible?

If you own a dog, you are supposed to be in control of your pet at all times. In the majority of cases, if your dog bites another dog, you are at fault. However, there are a few exceptions to this rule:

Trespassing: There are situations when you are not responsible if your dog bites another dog. This is when another dog owner is trespassing on your property with his or her dog, or if the individual with the dog was committing a crime on your property.
Teasing: You are also not responsible if your dog bites another dog if the owner of the other dog is abusing, teasing, or taunting your dog.
Does not assume the risk: If you have a big dog who is on a leash and walking peacefully, but another dog owner with a much smaller dog brings his or her dog very close to you, any resulting bite is not your fault. All dog owners have to assume a risk of a potential dog bite, especially if the other dog is larger or a potentially aggressive breed. For example, if you saw a pit bull on a leash, then it is always better to assume that this breed has the potential to bite and keep your pet away.
Police dog: If you are looking after a leashed police dog or a dog owned by any governmental agency, and it bites another dog, you are not eligible for any damages. The statute assumes that the other dog owner was careless by bringing his pet close to the K9.

What Type of Damages can be Claimed if One Dog Bites Another Dog?

This all depends on the extent of the damages. In general, if your dog bites another dog, you will be responsible for any injuries and/or damages, medical expenses (including any surgery costs), and veterinary care. In addition, if the injured dog is a companion animal, you will also be responsible for any costs related to a substitute dog and the needed training. If the individual with a companion dog is unable to go to work because the dog is at the veterinarian, the judge may also tag on any lost wages. You should talk to a dog bite attorney in Phoenix to learn more.

What to do When Your Dog Bites Another Dog

If your dog bites another dog, there are legal repercussions, especially if the other dog is injured. You have the following options:

Contact your homeowner's or renter's insurer. In some cases, they will have liability coverage which will pay for the damages to the other dog. Call the insurer right away and file a claim. The insurer will then investigate the incident, determine if you are liable, and pay the claim.

However, you also need to know the following about homeowner’s insurance policies and coverage of dog bite claims:

Some insurance policies will exclude liability coverage or have limited coverage for injuries if you own an aggressive dog breed. For example, if you own a Cane Corso or a Pit Bull, many insurers will not cover the liability.
Some insurers regularly exclude dog bite-related incidents but will offer liability coverage for an additional premium. This premium will also vary with the type of dog breed. More aggressive dog breeds cost more to obtain liability insurance.
Depending on which state and county you live in, some insurers will not offer any liability coverage for dog bite-related injuries.
In some cases, the insurer will not initially exclude dog bite-related liability coverage, but once your dog bites another person or another dog, it will drop the coverage altogether when it comes time to renew your policy or you could also face higher insurance premiums.

Prevent Dog Bites

Most dog-on-dog bites can be prevented by being proactive; this can save you a lot of legal and financial hassles.

1. Always make sure that your dog is on a leash, especially if your dog is a large breed.

2. If you see another owner walking his or her dog, show courtesy and walk on the other side of the road or keep a safe distance.

3. Around your home, place signs that there is a dog on the premises

CONCLUSION

Arizona is a strict liability state - what this means is that if your four-legged friend bites another person or another animal, you will usually be responsible for any bills and damages. If you own a dog, you should always first check with your homeowner’s insurance policy to determine what type, if any, liability coverage is offered. This should be done before any incident occurs. Once your dog bites another dog, it becomes a legal issue and can cost you a tidy sum. It is highly recommended that if your dog bites another dog or another individual, consult with a dog bite attorney Phoenix as soon as possible. The Law Offices of Richard A. Gullette has experience with dog bite cases. What happens if my dog bites another dog? Call Richard Gullette at 1-602-230-2916 to find out what your next steps should be.

DO I NEED AN ATTORNEY TO HELP WITH COMMON DOG BITE INJURIES?

nzade@thatagency.com (Nina Zade) — Tue, 25 Jan 2022 14:45:03 GMT

There is a saying, of course, that “dogs are man’s best friend,” but sometimes even the gentlest dog can bite others or damage property. Dog bites, unfortunately, are not all that rare. According to the Centers for Disease Control (CDC), there are nearly 4.5 million dog bites each year in the United States alone, and, of those, nearly 800,000 victims require medical attention. This means that roughly 1 in 70 Americans is bitten by a dog each year. While some dog bites are just a minor nip or a scratch, the majority that require medical attention are serious. Dog bites can lead to damage in a nerve, can cause permanent scarring (which can lead to disfigurement) and some unfortunate individuals may be left with a permanent disability if the bite resulted in the loss of muscle mass or a serious nerve injury. Sometimes it may be that your dog has bitten another person, and other times, that you have been bitten by a dog belonging to someone else. Should you contact a Phoenix dog bite attorney if you have been bitten by a dog resulting in common dog bite injuries? In short–yes.

ARIZONA LAWS REGARDING DOG BITES

In the USA, dog bite laws vary from state to state, and the only way to know your legal liability is to speak to an experienced Phoenix dog bite attorney. The lawyer can also suggest some type of defense that may be held up in court and what type of monetary and legal consequences you may face if your dog has bitten someone else. If you have been bitten by someone else's dog, the lawyer can tell if you have a legal claim, the potential extent of your liability, how much compensation you may be able to receive, and for how long. In Arizona, the law is clear; if another dog bites you, the dog owner is 100 percent responsible for all the injuries and damages.

What Should I Do If I Am Bitten By Someone Else's Dog?

1. First, it all depends on your injury. If the injury is minor, like a scratch, and you have not suffered any property damage following the dog bite, there is no point in making a claim. Just speak to the owner of the dog to make sure he understands the legal repercussions if it happens again.

2. If the injury is moderate to severe, first you need to seek medical assistance, of course. Make sure the dog bite injuries are fully documented by the healthcare provider and that you have many images that can help support your claim.

3. The third step is to contact the dog owner's insurance company and file a claim. In the majority of states, most homeowners' insurance policies will cover a dog bite claim if it occurs on the insured’s property. In some cases, the policy may also cover a dog bite that occurs away from the dog owner's property, as long as the dog has been kept on the property. But the insurer may play hardball, offer a minimal amount of compensation, and may also mandate that you cannot sue in the future if there is an injury.

Contacting a Dog Bite Attorney

By seeking help from a Phoenix dog bite attorney, you will learn your legal rights, and, more importantly, the attorney can communicate with the insurer on your behalf and help you get a fair settlement. If that fails, a dog bite lawyer can also file a lawsuit against the owner of the dog for damages. Most importantly, a dog bite attorney will know the latest laws, be able to total your damages, and effectively present the evidence.

Proving Liability

First, check the local district laws about pet owners and their responsibilities. Determine if they are responsible for minor as well as major injuries. Minor injuries like scratches and abrasions may not be enough to warrant a case but anything like a serious bite to the face, groin, hand, eyes, or ears are typically compensated.

Diverting Blame and Liability

In many cases of dog bite injuries, the owner will divert the blame onto the victim by claiming that the victim instigated the attack, thus reducing his or her liability.

Finding a dog owner liable depends on the strength of the case and state laws. In some states, there is the one-bite rule and imposes liability only if the owner had reason to know or knew that his or her dog was dangerous. For example, the dog may have bitten someone else in the past.
In general, dog owners have a responsibility to the public to ensure their animal can’t hurt someone if the victim is in a public place.
Some jurisdictions will hold an owner liable if the dog has bitten someone before or has an aggressive history. In rare cases, you may have a claim against multiple parties, including a business owner, dog owner, or even a security guard.

However, in most states, including Arizona, the laws have imposed strict liability on dog owners. The victim only has to prove that the injury was caused by the dog bite while he or she was in a public place legally, regardless of what precautions the dog owner had undertaken.

What Type of Defense Can You Face?

The dog owner may hire an attorney to defend the allegations about the dog bite injuries and some of the common defense arguments you may face include:

You provoked the dog. In most cases, if you provoked the dog and subsequently got bitten, you will not be compensated.
You were trespassing on the owner’s property. If you enter the owner's property uninvited and get bitten, then you generally cannot sue for any injuries.
You failed to assume the risk. For example, the owner may claim he or she was walking with a leashed dog in a public place, and you did not assume the risk of a dog bite, even though the owner's dog was big. Instead of walking on the opposite side of the street, you continued to walk near his dog and because of that, you got bitten. Exposing yourself to risk and then getting bitten often can result in no compensation. If you believe the other dog is big, dangerous, or aggressive, the prudent thing is to walk away or on the other side of the street.

How to Win Compensation

The most effective way to win compensation following a dog bite is to hire an experienced Phoenix dog bite attorney. Seek someone who has dealt with dog bites before. You want someone who can represent you with your negotiations with the insurer, and, if that fails, a lawyer who is not afraid to file a lawsuit.

CONCLUSION

We offer a free initial consultation and no money down. At the first consultation, our lawyers can advise you of your rights and also deem the validity of your case. There is no money down and the lawyer only gets paid when he or she wins your case. Contact a Phoenix dog bite attorney today because Arizona has a one-year statute of limitations on common dog bite injuries. If you are late by even a day, the court can refuse to hear your case. Call the Law Offices of Richard A. Gullette at 1-602-230-2916 today.

How Do You Prevent a Wrongful Death?

nzade@thatagency.com (Nina Zade) — Mon, 27 Dec 2021 21:15:50 GMT

For the most part, all employers in the United States have a workers’ compensation program in place that covers all injuries and even death in the workplace. This program does not allow employees to sue the employer in case of an injury/death while at work. However, with the recent Covid-19 pandemic, some employers have been served with personal injury and wrongful death lawsuits that allege the employee was exposed to Covid-19 in the workplace because of gross negligence by the employer.

These lawsuits are despite the administrative rule that the workers’ compensation program is the absolute and exclusive remedy for such claims. In general, when employees are unintentionally injured in the workplace, workers’ compensation will cover the entire cost of care. But the damages in a workers’ compensation claim have a cap and, in addition, the employee is not permitted to sue the employer.

Now some lawyers have been ignoring the workers’ compensation statute and filing lawsuits in courts by claiming that the employer was grossly negligent and/or intentionally caused the injury to the employee. Awards for such personal injury claims are much higher than what the individual would get from the workers’ compensation program. Plus, in some cases, the employee may file both a lawsuit and a workers' compensation claim.

According to the Covid-19 Complaint tracker, there have been hundreds of cases filed each month over the past year, totaling more than 8,500 to date. These Covid-19 complaints involve not only wrongful deaths but also personal injury claims, pandemic restrictions, wrongful termination, and workplace safety claims. And, as the pandemic continues, it is believed that more Covid-19 claims will be filed in the coming year.

Preventing a Wrongful Death

How do you prevent a wrongful death? That’s a $64,000,000 question. A wrongful death occurs due to the negligent actions of another; it might be intentional or accidental. If we could prevent a wrongful death, commonsense and goodwill says we should do it.

However, because wrongful deaths still occur, lawyers can speak for the victims and take the case to court. It is possible when wrongful death Arizona lawsuits are filed, and the court takes the side of the victim, that others might think twice before committing a negligent action in the future. Those responsible must be held accountable.

Covid-19 Lawsuits

Why are wrongful death Covid-19 lawsuits being filed? It is not well known yet by the general population that you can file a wrongful death lawsuit as well as filing a workers’ compensation claim.

When filing a wrongful death Arizona lawsuit, that brings about the option to have a jury trial whereas a workers’ compensation claim is only heard by an administrative board and a law judge without a jury. There is also a cap on any damages awarded, whereas with a jury trial and evidence is presented, the jury decides on the amount of damages awarded.

Overall, awards by juries are much higher than those awarded in a bench trial.

Lawyers often file lawsuits to gain access to other funds, like the employer’s or employee’s liability insurance. In most cases of wrongful death, insurers are willing to settle rather than face a trial. On the other hand, to receive a payout from workers’ compensation is a lengthy process that can take many months or several years.

Personal injury lawyers for plaintiffs have started to ignore workers' compensation statutes to get a much bigger payout for their clients and as each of these cases receives media attention, more such cases are expected to be filed in the near future.

How Do You Prevent a Wrongful Death With Respect to Covid-19?

To avoid such claims, the employer should become proactive and start implementing state and federal recommended preventive mechanisms to prevent Covid 19 from spreading in the workplace. To prevent the spread of Covid 19 in the workplace and eliminate the risk of a lawsuit, the following is recommended:

Establish Covid-19 guidelines in writing and give a copy to all employees. Make sure that they sign and date the document upon receipt.
Implement a safe distancing policy from others (6 feet).
Mandate that everyone wears a mask indoors.
Ensure that the work environment is well ventilated.
Install alcohol sanitizers at multiple locations.
Encourage employees to wash hands with soap and water regularly.
Mandate vaccination for all your employees.
All employees who are not well should be encouraged to stay at home.
Dedicate one staff member to ask all employees every day if they have symptoms of cough, fever, or sore throat. All who do should be asked to get a Covid test at a clinic.
Dedicate one staff member to monitor the temperature of all employees as they arrive to work. Portable non-contact thermometers can measure temperature in a few seconds.
All employees who have symptoms should call in and not come to work. The employee must see a healthcare worker, be asymptomatic, and be tested for Covid-19 before he or she can return to work.
All employees with a sick family member living in the same house should notify the employer.
If any employee has tested positive for Covid-19 in the workplace, he or she should be reported to the local authorities.
Place signage in several places reminding employees about masks and hand hygiene.
Post the latest updates on Covid 19 on the workplace notice board and send regular news about prevention via email to all employees.
Check the CDC and OSHA websites regularly for updates on prevention and notify your employees.
The employer should grant non-punitive paid sick leave and offer supportive policies.
Encourage all employees to self-screen before coming to work.
Maintain employee confidentiality at all times by making health screening private, if possible.
Ensure that the person performing the screening test is appropriately protected from exposure.
Provide educational seminars on Covid-19 prevention to all employees
Use physical barriers (glass or plastic) that can protect the employee from customers/clients.
Conduct regular visual inspections on all employees for illness, temperature, cough, or sweating.
Routinely perform checks for hazard assessment.
If PPE is used in the workplace, train employees on how to use them.
Follow CDC guidelines on quarantine of infected employees.
If the death of an employee occurs, at least reach out and agree to pay the funeral costs. By engaging with the victim’s family, the chances of a lawsuit can be minimized.

Conclusion

How do you prevent a wrongful death? Be careful and responsible in all your actions. Always follow best practices and established safety guidelines. Do not minimize any need to practice safety and/or take precautions. If you need to file a wrongful death Arizona lawsuit, contact the Law Offices of Richard A. Gullette at 1-602-230-2916.

New Paragraph

What Should I Look for in a Wrongful Death Attorney?

nzade@thatagency.com (Nina Zade) — Thu, 23 Dec 2021 21:33:33 GMT

Suddenly losing a loved member of a family because of the negligent or careless actions of another person can be devastating. Further, it can also deprive the family of income if the deceased individual was the sole breadwinner.

In some cases, one aid for the survivors is to file a wrongful death lawsuit. There are many lawyers in Arizona from whom to choose; what are the best characteristics to look for? Below are tips on a few things to note when searching to find the best wrongful death attorney.

Empathy and Compassion:

When a family has lost a loved one, grief is a common emotion. Therefore, you want to select a professional who understands your grief and is sensitive to your tragedy. A lawyer who understands what survivors go through or has even gone through the same experience himself/herself will be better able to fight for your case and your legal rights.

Experience:

Wrongful death cases are not a given to win; in all cases, the defendant will have his or her lawyers who will deny all the allegations. Thus, you need a lawyer who has experience not only in court matters, but also one who knows how to negotiate and undertake the investigation to determine who was at fault and negligent.

Not all personal injury lawyers have the experience to win wrongful death cases and you should always ask how much experience the lawyer has and his success rate. You need someone who can argue your case with confidence and be able to back it up with evidence.

Ability to Communicate:

There are many good wrongful death lawyers but not all of them can communicate effectively. They often use legal terminology without explaining what it means. Also, many lawyers are very busy and often have very little time to communicate with the client. Sometimes the client is never given an update on the case or only hears from the junior staff.

You preferably want someone who knows the importance of communicating with you, who is able to patiently explain to you all the legal terminology and the steps involved in a wrongful death case and update you frequently as to how the case is progressing. At all times, the best wrongful death attorney should keep you fully informed about the next steps in the case.

Amicability/Approachability:

Even though there are some outstanding lawyers who have won wrongful death cases, some do not come across as friendly or approachable. Some may make you feel nervous, anxious, or you may feel afraid of asking questions . This is not the type of lawyer you want. You should select someone who is warm, approachable, and easy to talk to.

You should never be afraid to ask or speak to your lawyer. In general, lawyers that work for large firms are often busy and are hard to get hold of. You are more likely to find personable and friendly lawyers in smaller or solo firms. Most of the time, you will find these down-to-earth lawyers will take ample time to sit and explain the whole process involved in a wrongful death lawsuit to you.

Integrity:

Like in all professions, there are some lawyers who have good morals, are ethical, and have excellent character, and then there are others who may not be trustworthy. Before you even step into the lawyer’s office, you should have scanned the internet and read the reviews .

You need to select a lawyer who is honest, transparent, and trustworthy. You should be able to tell that during the first consultation if this is the lawyer you want. An honest and the best wrongful death attorney will answer all your questions, be upfront about the fees, and will explain everything to you in detail. If you are ever unsure about a wrongful death lawyer, seek a second opinion.

Recommendations:

Always speak to friends and families who have dealt with a wrongful death lawyer and learn about their experiences. In many cases, this is perhaps the best way to find a good lawyer. Strong recommendations from family and friends are a good indication that this is the best wrongful death attorney with whom you should consult. Do not make a final decision until you actually speak with the lawyer.

Time:

You also want to know how much time the lawyer will devote to your case . With large firms, the case is usually assigned to junior staff, but in smaller or solo firms, the lawyer will himself be involved in your case from start to finish.

The Right Rapport:

Sometimes when talking with someone, you will instantly develop a good rapport. Both of you will just “sync” and this is what you want in a lawyer. You want someone with whom you have a good relationship because, remember, you will be working together for many months.

When you first consult with the lawyer, assess his/her demeanor, patience, and use of words; if he or she is on the mobile phone every other minute, this is the last person you want as your lawyer because obviously they have no time for your case.

Conclusion

Finding a good Arizona wrongful death lawyer to handle wrongful death cases is not difficult as long as you do your homework. Before walking into the lawyer’s office, you should know something about his or her education, training, and what online reviews have said. In most cases, you will be able to tell at the first consultation if this is the lawyer you want.

Besides amiability and a good personality, you also want someone who has good experience and excellent communication. If you have had a sudden death in your family due to the negligent actions of another person, call the Law Offices of Richard A. Gullette at 1-602-230-2916. Rick Gullette has the motto that he offers “Personal Attention that puts you and your family first.” That’s the kind of lawyer you want.

What Should I Know Before Visiting a Wrongful Death Attorney?

nzade@thatagency.com (Nina Zade) — Thu, 23 Dec 2021 21:25:24 GMT

Injuries and deaths frequently occur in the workplace, on the road, at the ballpark, recreational park, etc., and, in some cases, the fault is due to the negligence or carelessness of a person or persons.

For example, you may be waiting at a crosswalk for the light to turn green, and suddenly a driver who is texting crashes into you causing injuries that prove fatal. Or your father was given the wrong dose of a medication by the pharmacist which resulted in a fatal stroke.

In such scenarios, the survivor(s) may suffer significant financial loss if the deceased was the only breadwinner. In addition, if the deceased had small children and/or had bills to pay, the survivors would probably end up homeless if they didn’t have any financial resources .

In such cases, the opposing party/individual may offer compensation, but, more often than not, the amount is small and will not cover long-term expenses. In the majority of cases, the survivors have little idea how much compensation is adequate and if it comes with any restrictions.

For this reason, many people turn to lawyers and file a wrongful death lawsuit. But many people are not sure how to file a wrongful death lawsuit and/or what legal rights they have. Therefore, if you are not sure about the process, the first step is to consult an Arizona wrongful death attorney. Before you visit the wrongful death attorney, here are a few things you should know.

CHOOSING A WRONGFUL DEATH ATTORNEY

Selecting a wrongful death attorney for your case can be a challenge because there are so many lawyers in Arizona. Many lawyers frequently advertise their services on the radio, TV, internet, and billboards, but how is an ordinary citizen supposed to know who will be the best choice and who is the most experienced?

The fact is that not all lawyers have experience in court and some are just in the beginning phase of their career. Sometimes you may have to consult with a few lawyers before you can pick one. In any case, when consulting with a wrongful death lawyer for the first time, here are a few things to ask:

Today, there is no excuse for not knowing a few details about an attorney you are selecting. If you don’t own a computer or smartphone, visit your local library. Perform a Google search and read the reviews. In addition, visit the attorney’s website and get a glimpse of his education, training, and expertise. Read what others have to say in reviews about past experiences with the attorney. Finally, speak to friends and family if they know or have heard anything about the lawyer that you want to hire. The more you know about the attorney, the better you will be able to make an informed decision about the selection process.
What does the attorney specialize in? Preferably you would want an attorney with wrongful death experience. Dealing with a wrongful death case is much different than dealing with a dog bite injury.
Has the attorney undertaken a similar case before and how much experience does the lawyer have?
Does the attorney have resources to undertake the case? For example, some wrongful death cases require an enormous amount of documentation, and, in some cases, discussion with expert witnesses. You want an attorney for wrongful death who has both the financial resources and a team of expert witnesses (doctors, knowledgeable medical personnel) to whom he or she can call upon to determine the causation and negligence in the case.
Working with an Arizona wrongful death attorney sends a signal to the insurer of the defendant that you are serious about getting the compensation you are owed. Once an insurer receives a demand letter from an attorney, they immediately realize that this is serious and most likely are willing to come to the negotiating table. But you need to select an attorney for wrongful death who is not only skilled at negotiations but also not afraid to go to trial in case the negotiations fail. The attorney must send the signal to the insurer that he or she will do whatever it takes to get just compensation for his client.
Does the attorney work alone or does he work with a team of lawyers? In general, consulting with an attorney who works with a team of other lawyers can be beneficial if he or she seeks expertise in other areas so that the client gets the maximum benefit.
What are the costs associated with hiring a wrongful death attorney? This is a very important question; in general, the majority of wrongful death attorneys are paid on a contingency basis. This means that they get paid if they win the case and recover damages. The contingency fee varies from 30-35 percent. For example, if you are awarded $1 million in compensation, the attorney will get $350K as part of the contingency fee. You should also clarify with the lawyer if there will be any other “hidden” fees, like administrative costs, photocopying fees, etc. In most cases, the contingency fee is inclusive, but, in any case, it is vital to get all the costs in writing so that there are no disputes at the end of the case.
How will the attorney initiate your wrongful death case? You should have some idea about the steps involved in filing a wrongful death lawsuit. Once you hire an attorney for wrongful death, he or she will obtain all the documents, speak to witnesses, review the medical records, and, with the help of experts, reconstruct the fatal scene. In addition, the attorney may also ask you to submit any paperwork from the opposing party that you have in your possession (defendant/company/insurer). Once your Arizona wrongful death attorney receives all the paperwork and documents, he or she will contact the individual or company at fault or their insurer. In Arizona, the law requires that both parties must start some type of mediation to come to a settlement before going to trial. Hence, your attorney will contact the other party and try to negotiate a fair settlement first.
If the two sides are not able to come to a settlement , your attorney will file a lawsuit in the appropriate county. A trial usually requires more extensive investigations, including depositions and consulting with expert witnesses. The case is usually heard in front of a judge and decided by a jury who will determine the amount of compensation.

How Much Compensation Can You Expect?

The amount of compensation usually depends on the case and is hard to predict ahead of time because many factors are involved in determining the final award. Your attorney will generally include the following when arguing for your compensation:

Lost wages
Medical bills
Pain and suffering
Loss of companionship

If the jury decides the case in your favor , you will receive some type of compensation for all the injuries and death that your loved one suffered. In general, high six-figure awards are not uncommon in Arizona.

Conclusion

It is important to be aware that in Arizona, there is a statute of limitations for filing a wrongful death case. The case has to be filed within two years from the time of death. Because there is an enormous amount of documentation and investigation required, it is important to seek an experienced Arizona wrongful death attorney as soon as possible. While no amount of compensation can bring back your loved one, an attorney for wrongful death can at least try to get you compensation for all the pain and suffering that you have been through.

Reach out to us today , and let's start a conversation.

What Can a Wrongful Death Attorney Do For Me?

nzade@thatagency.com (Nina Zade) — Wed, 01 Dec 2021 11:15:02 GMT

If someone in your family has suffered a death due to the careless, intentional, or negligent actions of another individual or party, a wrongful death attorney can do several things for you , which include the following:

First, determine if you have a potential wrongful death case
Advise you of your legal rights and options
Investigate the circumstances that led to the death of the family member
Determine the liability
Communicate with the insurer on your behalf
Consult with other experts in the relevant field
Provide an estimated value of your damages
Negotiate with the other party for a settlement without going to trial
Assist with filing of a lawsuit on your behalf to seek compensation

The Investigation

When a wrongful death is suspected, one has to prove that the other party was negligent , careless, or was intentional in causing the death. Often what happens is that the facts are not clear and there is a lot of hearsay. And, more frequently, the liable individual or party may try to shift the blame onto others and/or try to cover up the cause of death to avoid being blamed.

Hence a wrongful death attorney is vital for the initial investigation to help determine how the death occurred, why it occurred, and who is responsible. For example, if your loved one goes to the hospital for a routine colonoscopy under mild intravenous sedation, but never wakes up again, it is important to know what happened.

The doctors and nurses may claim that the individual may have had prior heart disease. But investigation may reveal that during the intravenous sedation, no dedicated nurse was monitoring the patient and that no resuscitation equipment was available in the room. The general standard of care for a colonoscopy procedure is that one person must be dedicated to observing the patient and also resuscitation equipment must be available in the room.

The lawyer may discover these facts after hiring an expert witness to evaluate the case. That information can be very useful in building a wrongful earth case.

Another common wrongful death scenario may involve a child waiting at a crosswalk to get to school. As the crosswalk sign turns green, the child starts to cross the street but, meanwhile, a speeding driver ignores the walk sign for pedestrians and hits the child, killing the child instantly.

In this case, the driver was grossly negligent, and he/she may have been intoxicated, texting, or on his/her mobile phone. If the child was crossing the street when the crosswalk sign was on, then by law the automobile driver should have stopped. A lawyer can get access to any traffic cameras, speak to witnesses, and even get the traffic light data from the Department of Motor Vehicles.

At the same time, the driver may be investigated by the police for drunk driving , texting use of mobile phones, and so forth. A member of the general public would have great difficulty in accessing or obtaining this evidence, but lawyers can do so as part of their job. All the collected evidence can help build the case against the individual or the party responsible for the wrongful death.

The Laws Surrounding Wrongful Death

A significant number of people who have suffered a wrongful death in their families have no idea about their legal rights. In addition, the laws regarding wrongful death litigation do vary from state to state , and, in some states, you may not be able to sue for any damages.

In other states, the laws limit the right to sue by only family members, whereas, in other states, distant relatives can also file a lawsuit. More importantly, in some states, family members may not be allowed to sue. In Arizona, those who may file a wrongful death lawsuit include a surviving spouse, surviving children, surviving parent or guardian, or a designated personal representative.

There are instances where the statute of limitations can be extended, if need be, such as in a homicide, where it may take time to discover who was responsible for the victim’s death. Because the laws vary, a wrongful death lawyer can educate you on the specific laws in Arizona.

Financial Compensation

A wrongful death attorney can help the surviving family members seek financial compensation to cover both non-economic and economic damages.

The economic damages may include:

Costs of any medical care that the individual received before his or her death
Burial and funeral expenses
Loss of income that the deceased individual would have earned had he or she lived
All out-of-pocket expenses that occurred as a result of the individual’s death

The non-economic damages may include:

Pain and suffering
Inconvenience
Emotional distress
Loss of companionship
Loss of enjoyment in life

Punitive Damages

In very rare cases, Arizona law also allows one to sue for punitive damages. Punitive damages aim to punish the liable individual for his or her actions that led to the wrongful death. The punishment may be a monetary penalty and serves as a deterrent to others against committing similar actions.

Who Can File a Wrongful Death Claim in Arizona?

In the state of Arizona, the following individuals are allowed to file a wrongful death claim:

Spouse of the deceased person
Children of the deceased person
Surviving parent or guardian of the deceased person
The personal representative (executor) was named in the Will. This individual would file a claim on behalf of the surviving spouse and children
If the individual who dies is a child , then the legal guardian or parents can file a wrongful death claim

What is the Typical Amount of Compensation?

The amount of compensation depends on the case. An experienced wrongful death attorney can evaluate the case and determine the number of damages. In most cases, the compensation will be at least $500,000. The majority of wrongful death cases are settled out of court but if the other party is unwilling to settle, then the case may proceed to trial, where a jury will decide on the amount of compensation.

Hiring a Wrongful Death Attorney

Losing a loved member of a family can be devastating, emotionally stressful, and a financial burden for most people. A wrongful death lawyer can at least partly remedy the situation by getting you the maximum financial compensation that you deserve from the negligent party.

Handling a wrongful death case is complex and requires a great deal of experience to obtain the maximum amount of damages. We have a team of seasoned wrongful death lawyers who are committed to providing claimants with all the legal resources so that they can secure the damages they deserve. Call us today at the law offices of Richard Gullette at 1-602-230-2916 for a free consultation. There are no fees or retainers - we get paid when you win.

How Much Does a Wrongful Death Attorney Cost?

nzade@thatagency.com (Nina Zade) — Tue, 30 Nov 2021 12:00:05 GMT

A wrongful death is a civil case usually brought by close family members. In almost every state, a wrongful death case is filed when the death is intentional, or due to the reckless or negligent actions of an individual or in the workplace. A wrongful death case is usually filed with assistance from a personal injury lawyer. How much are wrongful death attorney fees?

Why are Lawyer Fees High?

Filing a wrongful death case requires an enormous amount of work, both legwork and paperwork, done by the wrongful death law firm . Here are some steps that are involved in filing a wrongful death case:

Pre-Litigation preparation: The lawyer will meet with the personal representative of the deceased and set up an estate of the deceased. This has to be filed in the county where the deceased resided. The personal representative has to provide the lawyer with all the details of the estate for filing.
Determine the cause of death: The lawyer has to investigate the death and determine what caused it, who was responsible, and how the death occurred. In many cases, the lawyer will have to hire experts to determine how the death occurred and what type of negligence was involved.
Identify the responsible individual/party: The lawyer will need to identify which individual or party was responsible for the death. This is often followed by sending a notice to the party that there is an intent to file a lawsuit.
Negotiations: The other party or individual may decide to settle the matter without going to trial. This requires negotiations out of court, which can take some time to come to a fair settlement. During the negotiations, the lawyer will consult with you to ensure that both of you agree on all decisions.
Filing the lawsuit: If the negotiations fail, the lawyer has no choice but to file a wrongful death lawsuit, which is both a labor- and time-intensive undertaking. Litigation has many steps, including the discovery phase, request for additional documents, depositions, hiring expert witnesses, and so forth. All this needs to be done within the two-year statute of limitations, or the case will not be heard by the court.

All the above steps take a significant amount of time. In addition, there is a ton of administrative paperwork and performing research. These are some of the reasons why the attorney’s fees may be deemed high. There is a tremendous amount of time and energy spent, however, by the attorney and his staff that you may not necessarily always see.

How Do Lawyers Charge Their Fees?

How much are wrongful death attorney fees? A wrongful death law firm charges fees depending on their experience, the complexity of the case, and the amount of time it will take. Below are the most common ways lawyers charge their clients.

Fixed Or Flat Fees

For most small cases, such as a straightforward Will, notary, or assistance with a simple real estate transaction, most lawyers will charge a flat fee. The flat fee will usually cover all the administrative costs and the paperwork. Flat fees are common in immigration matters and some criminal law cases (e.g., DUIs).

Charge By The Hour

Some lawyers charge a fixed hourly rate that may vary from $75-$400 depending on their experience and involvement in the case. This fee may not include other expenses, such as court costs, administrative fees (photocopying documents, etc.), requesting medical reports, travel costs, consulting with expert witnesses, etc.

If your lawyer charges you by the hour, you should always get an estimate of the number of hours he or she will require to complete the case. For the client, an hourly rate is only beneficial if the case is short. For example, after a drunk driving case, you want a lawyer to represent you in court or be at your side while giving a deposition. If the lawyer is unable to give you the approximate duration of the case, then you should avoid this fee schedule.

Contingency Fees

The majority of lawyers charge clients based on contingency fees. These fees are common in many personal injury cases. Essentially, the lawyer who represents you will not ask for any money upfront but will accept a certain percentage of the money awarded to the client as the fee for the services provided.

For example, if you are awarded $10,000 as a result of a slip and fall injury, the lawyer will take a certain percentage of your money as the fee. This fee varies from 30-33 percent of the total award, and it must be in writing so that there are no conflicts later. The lawyer must tell you when these percentage limits do not apply or when the percentage limits can be raised.

The contingency fee in most cases is usually fixed and inclusive of other costs and this must also be stated in the contract. For example, the lawyer cannot ask you for additional money for administrative services. You should find out if the contingency fee is inclusive or if there will be additional fees later. If the case is appealed or tried again, the lawyer has the right to add an additional percentage.

Usually, with a contingency fee contract, the lawyer only gets paid when you win and, at the same time, the client is usually charged for the administrative fees, court filing costs, travel expenses, or costs to bring witnesses to the stand. However, you need to discuss with the lawyer ahead of time how many fees you will be responsible for in case the case is lost.

When the case is won, these expenses are usually deducted from the award. When you agree to a contingency fee, the contract must be signed and dated by both parties. Anything that you agree to or do not agree to regard the fee must be stated in the contract.

Court-Awarded Lawyer Fees

Sometimes, the court may award the lawyer fees as part of the client’s award. This amount is usually paid for by the opposing party. The court-awarded amount is usually within the same frame that you agreed to pay the lawyer in the first place.

Controlling the Lawyer Fees

Before you even walk into the lawyer’s office, you should collect as much documentation as you can to save the lawyer from doing this chore – and potentially saving yourself some money at the same time. Some of the things you can do include the following:

Collect all the information regarding the death and arrange it in chronological order.
Only provide the lawyer with photocopies and keep all the original copies with you.
Any interaction that you may have had with the individual or the workplace responsible for the wrongful death must be documented and dated.
Have the names and contact information for all the witnesses and other parties that may be called upon.
Document in writing all the problems that you have faced since the death of your loved one and what you want in return.
Document all the expenses that you have incurred since the death of your loved one.

The Initial Consultation

At the initial consultation, you need to:

Present to the lawyer the wrongful death case.
Share all the information and let the lawyer decide what is important and what is not.
Ask questions.
You must discuss the legal fees. Problems arise when the client does not ask about the legal fees and questions the bill when the case is completed.
You need to ask what the lawyer will charge, court fees, administrative fees, court filing fees, court reporter fees. Do you have to pay a down payment (retainer)? What other fees will you be charged? Is there any interest in unpaid fees? Are there any payment plans available? Are any fees refundable and what percentage? Even though some fees may not be controlled by the lawyer, he or she should be able to give you a rough estimate.

Conclusion

You should always ask in the initial interview about wrongful death attorney fees for the services provided . While the wrongful death law firm may not be able to provide you with the exact figure, he or she will be able to give you a ballpark figure. No matter what type of fees the lawyer charges, never leave the office without having it all in writing.

A formal contract should be drawn out by the lawyer which you should take home and read. Discuss the payment plan with your family and only sign when you feel comfortable. This way, you will be able to maintain a good working relationship with the lawyer. At the law offices of Richard Gullette, we are passionate about providing excellent services to our clients. Call 1-602-230-2916 today to learn more.

How Do You Prove a Wrongful Death in Court?

nzade@thatagency.com (Nina Zade) — Mon, 22 Nov 2021 11:15:02 GMT

When a person dies as a result of careless behavior or negligent actions of another individual or party, the surviving members of the family have the legal right to file for a wrongful death case in civil court.

In all states, including Arizona, there are specific rules that govern claims for wrongful death cases. Just because someone dies in a hospital, at work, or in a motor vehicle accident , that fact in itself doesn't automatically mean there can be a wrongful death lawsuit.

What Exactly is a Wrongful Death Case?

Unlike a criminal trial, a wrongful death claim is a civil lawsuit pursued primarily to obtain monetary damages . The individual bringing the wrongful death lawsuit (plaintiff) does it on behalf of the other family members of the deceased.

The opposing individual (defendant) or party does not go to jail, but pays a monetary fine. If the individual who died had no Will, then the court appoints a personal representative or an executor of the estate.

In this scenario, the estate's personal representative will be the plaintiff and file a lawsuit on behalf of the heirs of the deceased. In all cases, when the wrongful death claim is filed, the plaintiff will allege that the defendant acted negligently or intentionally, resulting in the premature death of the decedent.

Proof of Negligence

How do you prove wrongful death? Once a wrongful death lawsuit has been filed, the responsibility is on the plaintiff (or the wrongful death lawyer) to prove to the court and jury that the defendant(s) was(were) careless or negligent in his or her actions resulting in the death of the decedent.

For example, if your father was crossing the road and got hit by a car, the onus is on the plaintiff to show that the defendant was negligent. Was the defendant distracted, was he drunk, was he texting, eating, or talking to someone in the car that led to the accident? This evidence may be obtained from the police report which may indicate that the driver was texting or talking on the phone, or perhaps was intoxicated . The lawyer may also get more evidence from any nearby cameras, and by speaking to witnesses in the vicinity.

In another scenario, say your brother goes to the hospital for an elective hernia repair surgery and dies a day after surgery from a blood clot in the lungs, then a lawyer can order the medical records to determine what exactly happened. The current standard of care to prevent blood clots is to place patients on blood thinners and recommend wearing compression socks.

Did the hospital do that? Was the blood clot diagnosed during the early stage? Was any treatment given? This may require the consultation of a medical expert to review the chart and determine the chronology of events. The key is to find out if there was negligence and who was responsible for the death before one can be awarded any damages. In general, the attorney for the wrongful death lawsuit will need to prove the following elements of the case:

Duty of Care: The lawyer has to prove to the court that the defendant owed a duty of care to the decedent. For example, if your father was crossing the road and got hit by a speeding car, the lawyer has to prove that the defendant did not obey the traffic laws and wasn't driving with caution. If it is discovered that the defendant failed to obey the traffic laws, and his/her actions resulted in a death, that could be classified as a wrongful death case.
Breach of duty of care: The lawyer also has to prove that the defendant breached the duty of care to the defendant. Again, if your brother died in a hospital as a result of a blood clot, then the lawyer has to prove to the court that the current standard of care of such patients was breached. What was expected of the physicians in the same scenario? Forgetting to provide compression stockings and a blood thinner are acts that fall below the standard of care.
Causation: Just stating that the defendant was negligent or breached the duty of care may not be sufficient to win the case. Often the lawyer for the plaintiff has to show that the defendant's actions directly caused the death. For example, if your brother had a blood clot in his legs, was he ever examined by anyone to discover a clot? Did anyone ask him about symptoms? Was any testing done to look for blood clots? Was any treatment provided to dissolve the blood clot? The key is to show that whatever the defendants did or did not do resulted in the death of the patient.
Burden of Proof: The onus is on the plaintiff’s lawyer to meet the burden of proof. What this means is that the plaintiff/lawyer must present all the facts of the case and show that the weight of the evidence clearly indicates that the defendant and no one else was responsible for the cause of the death. Or, in other words, that “it is more likely than not” or is “beyond a reasonable doubt that the defendant was responsible for the cause of the wrongful death. Just presenting medical experts at the trial is not enough to meet the burden of proof; rather, the lawyer must have credible and measurable evidence that the defendant did something wrong or was negligent. If the burden of proof is not met, then the plaintiff will not recover any damages.

Fortunately, the majority of wrongful death lawsuits are resolved during a pretrial settlement. In some states, the judge or the jury may decide if the plaintiff has met the burden of proof based on the evidence presented.

The Damages

How do you prove a wrongful death in court? The wrongful death lawyer has to show that the defendant owed the victim a duty of care and because the duty was breached, it resulted in the death of the loved one.

Finally, to be eligible for damages, the plaintiff has to show that the family has suffered financial damages as a result of the death. The following financial losses can be compensated:

All funeral and burial expenses
Cost of any medical care your loved one received before his or her untimely death
If the decedent was the breadwinner, then the family can claim for all the living expenses, lost income, and potential future income, including any pension that the individual may have earned
The family may even be able to claim for non-economic damages, like pain and suffering, loss of companionship, etc.

Know the Statute of Limitations

In Arizona, the statute of limitations for wrongful death claims is two years from the time of death. If you are late by even one day, the court may refuse to hear your case. It is, therefore, important to consult with a wrongful death attorney as soon as possible,

Conclusion

How do you prove wrongful death? To win a wrongful death lawsuit requires the collection of the best quality evidence to present to the court. Hence you need an experienced attorney who knows what is at stake and knows what has to be done regarding the collection of good evidence and facts. The lawyer can help build a case based on the evidence to indicate to the court and jury that the burden of proof has been satisfied.

Give us a call today if you think you might need a wrongful death lawyer: 602-230-2916

When Would I Need a Wrongful Death Attorney?

Mon, 25 Oct 2021 16:52:55 GMT

The untimely death of a loved one is a traumatic experience for most people. Wrongful death is one that could have been avoided but occurs due to the negligence or wrongful actions of an individual, hospital, or company.

For example, an employee working for a construction company is asked to install windows, but during the process, he falls five stories and dies. Investigations reveal that his safety harness was defective, and the company had never checked this piece of equipment before. Or a young mother was standing at the crosswalk waiting for the signal to cross and a motorist who was texting crashes into her, killing her instantly.

In both these cases, the deaths are preventable. This is known as wrongful death , and it can be devastating for the family. If the person who was killed was also the sole wage earner for the family, the situation becomes even worse. You need to contact a wrongful death attorney now.

Other than the financial losses, wrongful death can, obviously, be emotionally devastating to the surviving loved ones. If a parent is killed because of the negligent actions of another person, the children not only have no financial support but will have no one to look after them or guide them in life.

It goes without saying that no amount of money can compensate for the loss of a loved one; however, through a civil action, the survivors can claim economic damages to ease the financial stress caused by the death. You need to contact a wrongful death defense attorney right now.

Wrongful Death Causes

There can be many instances of wrongful death and they include the following:

Auto accidents are perhaps the most common
Birth injuries
Boating accidents
Criminal assault
Fatal dog bites
Medical errors (the most common is an adverse reaction to medications)
Motorcycle accidents
Nursing home abuse
Slips and falls
Swimming pool accidents
Train accidents
Truck accidents
Workplace injuries

In Arizona, the most common cause of wrongful death incidents is an auto accident . It is also the leading cause of wrongful death in the United States, simply by the mere fact that so many of us drive cars every day.

Accidental poisoning is the second leading cause, followed by slip and fall accidents. A wrongful death attorney can help you navigate through the litigation process.

Who Can File a Wrongful Death Lawsuit in Arizona?

In general, when an Arizona resident dies, he or she may have left a will that will reveal the beneficiaries; hence, these individuals can file a claim under the wrongful death statute in Arizona . If there are many beneficiaries, one individual may file the wrongful death on behalf of the rest of the beneficiaries.

At the same time, the personal representative may also file a wrongful death claim on behalf of any surviving members who are not listed as beneficiaries. A wrongful death defense attorney can help guide you through the process. Under the Arizona wrongful death statute, the following individuals can legally file a wrongful death claim:

The deceased’s spouse
A child or children of the deceased
The deceased’s parents or guardian(s)
The deceased’s personal representative (or executor)

Under Arizona law, children of any age are allowed to recover compensation for lost services and support as well as future financial support. In addition, survivors can also recover compensation for any pain and suffering as a result of the death.

When Should the Wrongful Death Claim Be Filed?

In Arizona, the statute of limitations for filing a wrongful death claim is two years from the date of the death. If the wrongful death claim is not filed during this time, then the courts will permanently reject it.

The only time when there is an exception to the statute of limitations for filing a wrongful death claim is following a homicide. The reason is that homicide cases often take time to resolve, and the guilty party may not be apprehended for many years.

How Much Compensation Typically Results From a Wrongful Death Lawsuit?

The survivors of the decedent may be entitled to the following damages:

Medical and funeral expenses.
Pain and suffering
Loss of companionship, guidance, and instruction
Loss of potential earnings as a result of the death
Loss of security and protection

Compensatory and Punitive Damages

In the majority of cases, wrongful death claims compensate the survivors both emotionally and financially. These compensatory damages are awarded to repay the family for all the costs related to loss of income of the deceased, medical expenses, funeral, and death expenses. Survivors may also be entitled to pain and emotional suffering caused by the death and loss of companionship.

In addition, in Arizona, the courts may also award punitive damages to the survivors if the negligent party acted recklessly, intentionally, or was grossly negligent. The punitive damages are intended to punish the defendant as well as discourage others from similar actions in the future.

What are the Key Elements of a Wrongful Death Claim?

To file for a wrongful death claim, the following elements are necessary:

An individual has been killed as a result of the actions of another person, company, or workplace
The death was due to negligence or an intentional act
Survivors have been harmed by the loss of their loved one
The survivors have endured financial losses as a result of the death of their loved one

After the above elements have been established, the will of the decedent is read to determine if he or she had beneficiaries and a personal representative is appointed. This individual will identify all the survivors, as well any financial losses that they have incurred as a result of the death, and then a wrongful death claim is filed.

Does a Wrongful Death Claim Always Go to Court?

After the information is collected regarding the cause of death, the wrongful death attorney will send a demand letter for damages to the defendant or his insurer. The two sides will try and settle the case out of court in most cases.

However, if that fails, then the case may go to trial. The settlement process will continue even until the day of the trial. The reason is that settlement between the two parties is a faster and less expensive route compared to going to trial.

The trial can take several years because of court congestion, and, with the lingering pandemic, courts are more congested than ever.

How Long Does it Take to Resolve a Wrongful Death Case?

Wrongful death cases can be complex, and it may take months to resolve them. If the case is straightforward and there is obvious negligence or carelessness on the part of the defendant, the case can be resolved typically in 6-9 months. However, if the case goes to trial, it may take a few years to conclude. Fortunately, most wrongful death cases are resolved following a settlement usually within 12 months.

What is the Lawyer’s Fee for a Wrongful Death Case?

Most wrongful death defense attorneys do not charge any money upfront. They work on a contingency basis, which means they only get paid if they win the case. The contingency fee may vary from 25%-33% of the recovered damages.

Conclusion

If someone in your family has been killed as a result of the negligent actions of another party and you want to file a wrongful death claim , consult with a personal injury lawyer. The important thing to know is that there is a strict statute of limitations for filing the claim.

The lawyer can assess your case and determine the merits, the consultation is free, and you are free to ask any questions. The Law Offices of Richard A. Gullette know that experience matters. Rick has more than 30 years of experience and is ready to work directly with you through every stage of the process to ensure your claim is settled.

Call Rick today at 1-602-230-2916.

What is the Difference Between Wrongful Death and Medical Malpractice?

Mon, 18 Oct 2021 16:15:54 GMT

A question often asked is if there is a difference between making a claim for wrongful death vs. medical malpractice.

In general, with wrongful death, as the name suggests, there is a fatality, whereas with medical malpractice, besides death, the victim may also suffer many other types of injuries, such as paralysis, loss of function of the extremities, loss of vision, inability to work, speak or eat, and much more.

A medical malpractice wrongful death attorney can help you navigate through the laws.

What is a Medical Malpractice Claim?

A medical malpractice claim usually occurs when a healthcare professional, such as a nurse or a doctor, provides care that is deemed to be below the accepted standard of care resulting in a negative effect on the patient. Other healthcare workers that may provide negligent care include dentists, therapists, pharmacists, midwives, and laboratory technicians.

Medical malpractice may not always result in the death of the patient. Medical malpractice can result from the following:

Wrong-site surgery. For example, the doctor may remove the wrong body part because of a failure to mark the diseased organ appropriately.
Unnecessary surgery. The patient may require unnecessary surgery to remove an object that may have been left behind in a previous procedure.
Unnecessary disfigurement. Performing a procedure that leaves a patient with unnecessary scars or disfigurement.
Damaging an organ unnecessarily. Leaving an instrument or medical equipment inside a patient’s body causes damage to the intestine or another internal organ and requires additional surgery.
Longer hospital stays than necessary. If a patient needs to remain in the hospital for a much longer time due to a procedure or a secondary illness that could have been avoided.
Wrong medication. Given an erroneous dose of a drug, wrong drug, or develop a negative reaction to a drug that should have been caught before given.
Unnecessary surgery complication. Complication or infection that leads to loss of a body part, such as eye, leg, arm, or an internal organ.
Unnecessary failure of diagnosis. Failure to diagnose or a delay of diagnosis (e.g., missing cancer despite obvious symptoms or failing to schedule an appropriate test).
Infant’s birth. Unnecessary injuries are caused during the birthing process.
Nursing home abuse.
Unnecessary delay of treatment.

Wrongful Death

On the other hand, a wrongful death claim usually arises when an individual is killed because of the negligent or careless actions of another or the failure to act. Some of the more common causes of wrongful death include:

Slip and fall accidents
Medical malpractice resulting in death
Motor vehicle accidents
Intentional shooting (homicide)
Assault
Accidents resulting in death due to recalled vehicle parts
Recalled foods
A mishap during surgery resulted in death
Defective product leading to death
Nursing home abuse leading to death

To claim wrongful death vs. medical malpractice, one also has to show that the survivors have sustained some type of financial damages, which may include:

Cost of care of the individual before he or she succumbed to death
Funeral and burial expenses
Loss of financial support for the spouse, children, or aging parents
If the deceased were the sole wage earner, the survivors may be unable to pay rent, mortgage, utilities, etc.

Proving Negligence

Even though a medical malpractice case may have occurred, it can be very difficult to prove in court. The reason is that medicine is not perfect and almost every treatment/ procedure does have risks and complications; therefore, the medical malpractice wrongful death attorney has to prove that the healthcare provider's actions were below the accepted standard of care.

For example, if a patient with a stroke arrives at the emergency room complaining of weakness, then a stat CT scan of the brain and treatment has to be initiated within four hours for a full recovery. This is the current standard of care all over the USA.

If the emergency room physician, however, fails to get a CT scan (for whatever reason) or if the treatment is delayed for six hours and the patient suffers permanent brain damage and dies, then the physician was negligent and his or her actions were below the accepted standard of care.

In almost every medical malpractice case, the medical malpractice wrongful death attorney will need to seek expert medical advice to determine where the actions of the doctor fell below the accepted standard of care. Consulting with medical experts can be very expensive. The defendant will also produce his/her own medical experts to defend his or her position, and, in the end, the jury will decide the case.

Outside of medical malpractice, investigating, and proving wrongful death from other causes, the plaintiff is also tasked with the same burden of proof as any other personal injury claim. The lawyer has to show that the defendant owed the victim a duty of care, that he or she failed in this duty, thus resulting directly or indirectly in the death of the victim.

For example, let’s say a father regularly goes to a coffee shop near his home for his morning coffee. One morning he arrives and slips on a wet floor, hits his head on the edge of the heavy countertop table, and collapses. He is taken to the hospital but dies from severe brain injury. The coffee shop employee who mopped the floor early that morning forgot to place a “wet floor” sign after finishing the task. Now that the father has died, the family can file a wrongful death lawsuit against the coffee shop for failure to place a wet floor sign that led to his untimely death.

Statute of Limitations

Wrongful death vs. medical malpractice statute of limitations : it is important to note that there is a statute of limitations on filing a wrongful death claim. This period is two years from the time of death; with medical malpractice, the statute of limitations is three years.

The reason for the longer timeframe for a medical malpractice lawsuit is that the medical file of the victim has to be carefully evaluated by medical experts and depositions are required if the case goes to trial, which can be very time-consuming.

Conclusion

If a member of your family has suddenly died at the hands of a healthcare provider or in hospital, the only way to determine if there is medical malpractice involved is to first seek a consultation with a medical malpractice wrongful death attorney. The lawyer will most likely request the medical chart of the patient from the healthcare provider and send the file to a medical expert to determine negligence and the cause of death.

If there is negligence, carelessness, or failure to act that caused the death, the lawyer will then file a case of wrongful death on your behalf. In Arizona, call the Law Offices of Richard A. Gullette at 1-602-230-2916 to speak to a knowledgeable representative who can help answer your questions.

What Can an Accidental Death Lawyer Do for My Case?

Fri, 15 Oct 2021 16:01:12 GMT

We live in a fast-paced world; things have to get done ASAP and sometimes people cut corners, some speed in their cars to get places, some do not follow safety rules in the workplace, and yet others are simply careless. All these actions can and often do result in the accidental death of a person. Any illegal or negligent act that results in the death of another individual may be classified as wrongful death .

In general, a claim of wrongful death arises when the reckless, careless, or wanton actions of another party result in death. What is the difference between wrongful death and accidental death? They are dealt with legally as separate matters. Accidental death results from an accident that did not purposefully or negligently occur.

Wrongful death cases are not uncommon, sadly, and neither are accidental death cases. They can occur from many types of activities. When a family member dies unexpectedly as a result of the negligent or careless actions of another individual or party, or unintentional accidental reasons, this can be devastating to the surviving family, especially when there are young children involved.

This is especially true when the deceased was the sole wage earner in the family. If you have recently lost a loved member of your family through an accidental death and are faced with medical bills, funeral expenses, and uncertainty or absence of financial support, then you should consult with an accidental death lawyer.

What is an Accidental Death/Wrongful Death Claim?

It is important to understand that an accidental death claim takes place in civil court; it is not a criminal prosecution. The defendant(s) are not incarcerated or face a monetary penalty. If your claim in civil court is successful, then you will receive financial compensation from the party at fault. Because these claims are civil, they are filed by an accidental death attorney .

What Can an Accidental Death Attorney Do for my Case?

While no lawyer can make the pain or grief of death go away, they do understand your predicament and can take steps to help ensure that you will have a secure financial future. An experienced accidental death lawyer will not only protect your rights but will try to get the maximum compensation for the death of your loved one so at least you will not struggle financially.

The law is clear - any individual(s), companies, or even government institutions who cause death as a result of negligent or careless behavior or accidentally can be held legally responsible. Every state has its own rules as to who can file a claim for wrongful death. In the majority of cases, it is the immediate surviving members of the decedent who can file the claim. Arizona law states those who can file a claim include:

Spouse
Child
Parent or guardian
Personal representative

What Damages Can You Claim?

The law permits survivors (family members - spouse, children, parents, guardians, personal representatives) of the accidental death victim to file a claim for wrongful death and seek compensation for the following:

Funeral and burial expenses
All medical bills that occurred to treat the decedent's injuries before death
Loss of income that the decedent would have earned in his or her lifetime
Loss of companionship and support
Pain and suffering

Determining an actual amount of damages for accidental death or wrongful death case is not easy and usually requires actuarial experts to provide information on the earning potential of the deceased and his or her life expectancy.

Based on this, can build a very robust case that will enable you to get the compensation you deserve and need to take care of the surviving family.

How Can an Accidental Death Lawyer Help Me?

Filing a claim for accidental death is a complex matter and is best done with assistance from an experienced accidental death attorney:

First, there is a statute of limitations for filing, which is two years from the date of death. If you are late by even one day, the courts will usually permanently reject your case.
Second, all the data has to be collected to show how the death occurred, where the neglect or careless action developed if in a wrongful death case, who was responsible for the inactions, and the results of the autopsy. The accidental death lawyer has to prove that the death was due to gross negligence, carelessness, or whether it was intentional for a wrongful death case. Accidental death is alleged to be unintentional.
The third step for the accidental death attorney is to determine if the deceased had a will and who the beneficiaries are. If the decedent had a will, a personal representative has to be selected to identify the beneficiaries. If there is no will, then the spouse or the children will be asked to file the accidental death claim.
The lawyer then has to determine how the death has affected the surviving members of the deceased and calculate the total damages.
A demand letter is then sent to the defendant/insurer for the damages. The insurer or defendant may respond positively or may want to discuss a settlement. This may take a few sessions to come to a mutually agreeable compensation package for the family. The demand letter will generally state that in exchange for the financial compensation, the survivors will not file a lawsuit.
If the insurer rejects settling the case, then the accidental death lawyer may opt to go to trial. But even at this stage, the two parties will try and resolve the case through mediation. A settlement is not only a less expensive route to take, but it is much faster than going to trial.

Who Has The Legal Right to File an Accidental Death Lawsuit?

The legal right to file an accidental death claim depends on which state you reside in. Every state has its own rules. In Arizona, the following parties can file a wrongful death lawsuit:

The spouse usually has the first right to file the wrongful death lawsuit
If there is no spouse, then the children are next in line to file the lawsuit
Parents or Guardians
Personal representative: someone acting on behalf of an heir as agreed to by the court; the financial award will still go to any of the heirs listed in the Will if there is a Will.

Filing an Accidental Death Claim

To file an accidental death lawsuit, a physical copy of the lawsuit has to be submitted to the local court in your jurisdiction. Some courts will want a hard copy (paper) and others allow you to file the claim electronically.

However, before you file an accidental death claim, you must consult with an accidental death lawyer to make sure you are eligible to file for the lawsuit. Not all members of the family are permitted to file a lawsuit. The accidental death attorney can help review your case and advise you on the specific laws in Arizona.

Finally, it is important to know that there is a statute of limitations for filing an accidental death lawsuit. That time limit is two years from the date of death and, because there is extensive documentation required, this time period can easily lapse, but don’t let it. If you are late in filing, the court can permanently refuse to hear your case.

The best advice is to consult with an experienced accidental death lawyer who knows the court processes and can help you navigate through them. Call the Law Offices of Richard A. Gullette today at 1-602-230-2916 to learn more.

Do You Need to Hire a Lawyer After a Car Accident?

Wed, 29 Sep 2021 16:33:20 GMT

Each year in Arizona alone, there are over 125,000 motor vehicle accidents. The majority of these accidents result in thousands of injuries, some very serious and life-threatening. In addition, an average of 1,000 people die each year in Arizona as a result of car accidents. Over the past two decades, the number of motor vehicles on the roads in Arizona has been increasing each year and so is the risk of getting involved in an accident.

Car accidents can result in a variety of injuries which include:

Broken bones
Internal bleeding
Facial lacerations
Head trauma
Ruptured organs, such as the spleen and liver
Spinal cord injuries resulting in paralysis, whiplash
Rib fractures
Injury to the lungs and heart

What should I do after a car accident? Besides the physical injuries, a car accident can also be mentally and financially draining. Many people are left with anxiety and apprehension as to what they should do next.

What Are The Causes of Car Accidents in Glendale?

Some of the common causes of car accidents in Glendale include the following:

Speeding
Distracted driving (i.e., use of a smartphone, texting, drinking, eating)
Not obeying traffic laws
Tailgating
Driving a poorly maintained car
Poor weather, slippery roads, road construction

The vast majority of cases of motor vehicle accidents in Glendale, however, are preventable.

What Should I Do After a Motor Vehicle Accident?

If you have been injured in a motor vehicle accident as a result of the negligent actions of another driver, you should contact a car accident lawyer Glendale AZ. This is especially important if your injuries are serious or life-threatening. Car accident injuries are often associated with enormous financial bills that include the following:

Medical bills to pay for treatment of your injuries
Prescription drugs, like antibiotics or pain medications
Repeat doctor visits or the potential need for future surgery
Cost of rehabilitation
Lost wages from your employment
Lack of future earning potential
Cost of external help for feeding, bathing, eating, etc.

An experienced car accident lawyer Glendale AZ can help you get the maximum compensation you deserve.

How Can a Glendale Car Accident Attorney Help?

What should I do after a car accident? To help you get the compensation you deserve, Glendale car accident lawyers can offer the following services to resolve your claim:

Assess the merits of the car accident. This means first determining if you have a case and, secondly, finding out who was at fault for the accident. It is important to know that Arizona follows the law of comparative negligence. Hence, if the award for the damages is $10,000 and you are at 20% fault for the accident, you will receive $8,000. Most motor vehicle accidents are complex with both drivers blaming each other for the accident. Your lawyer can determine if you were at fault and by what percentage.
Obtain the police report. A car accident lawyer Glendale AZ can help you with this, especially if you are injured and can’t move about yourself.
Speak to any witnesses. A good car accident attorney knows what questions to ask.
Visit the scene of the accident to get a better idea how the event happened.
Obtain all your medical records, including a letter from your healthcare provider detailing your injuries and prognosis.
Your attorney will handle all communications with the insurance companies and the opposing party’s attorneys.
Write a demand letter to your insurers detailing your injuries and the amount of compensation requested.
Enter into negotiations with the insurer.
Help with any liens. One other important service that our Glendale car accident lawyers provide is to handle your liens and medical bills. When you are involved in a car accident, you may be faced with enormous bills and may be delayed on your rent or car payments. The lawyer can then consult with the hospitals and government agencies that may place the liens so that your properties are not possessed. If a lien is filed, if your case receives an award, payments for the lien must be made first.
Go to trial. In general, car accident lawyer prefers to settle all cases through negotiations with the insurer. This is not only cheaper but a faster option. However, there may be times when the insurer may not want to settle, may dispute the severity of the medical injuries, or question the liability. In such cases, lawyers will go to trial on your behalf. You will want to have an experienced team of law professionals on your side who know exactly what is required to proceed with a case in court.
Refusal to pay. Rarely, the defendant or the insurer may refuse to pay the victim following a court judgment. Lawyers can help you collect on the judgment using a variety of methods.

All the above steps are time-consuming and require an enormous amount of paperwork and thorough documentation. Negotiations with the insurer are always difficult because the latter doesn't like to pay out large sums of money to victims. Hence, the negotiations may take one of several sessions to come to a mutually acceptable compensation amount. If negotiations fail, the lawyer may consider taking the insurer to trial.

How Long Will It Take To Settle My Case?

It is difficult to predict the exact time when the case may be settled; each car accident is different and the time to settle can vary. Past experience shows, however, that most car accidents usually settle within 6-9 months. The majority of cases are settled by negotiations and very few go to trial.

What Does a Glendale Car Accident Attorney Charge Clients?

A personal injury car accident lawyer Glendale AZ works on a contingency basis. What this means is that you do not pay money upfront. When the case is won, the layer will deduct a certain percentage from the award.

Conclusion

If you have been involved in a car accident in Glendale, AZ, you may benefit from the services of a personal injury lawyer to hold the negligent party accountable for injuries, losses, and damages. Experienced Glendale car accident lawyers can help protect your legal rights and help you get the maximum compensation you deserve. Call the Law Offices of Richard A. Gullette today at 1-602-230-2916. The consultation is free.

What Can a Personal Injury Lawyer Do for Me?

Wed, 29 Sep 2021 16:25:45 GMT

Each year, thousands of innocent people are injured in car accidents. Often the cause is a negligent or careless driver. And, in many cases, the injuries are serious, often leading to loss of work, continuing pain, and, in some cases, permanent disability.

To get compensated for their injuries, many people wonder if they should consult with a personal injury lawyer. Some people argue that they can settle the claim with the insurer and ask why they should seek assistance from a personal injury lawyer?

In almost every instance, however, the outcome would be far better if a person hired an attorney in Glendale AZ. Experienced attorneys know how to fight for your rights.

Can You Do It Yourself?

Sure, you can try to settle the case directly with the insurer. But, be forewarned, in almost all cases, the insurer will minimize your injuries. Second, the insurer will record your phone calls (standard practice) and anything you say can be used against you. Third, the insurer may doubt your liability and finally, the insurer will offer you the minimum amount of compensation.

In almost every instance of the victim trying to settle a claim with the insurer, the insurer wins – not the victim. The insurer’s loyalty is to his/her company and not the victim, and they want to save the company by giving out less money. And, one final thing you should know about trying to settle with an insurer on your own, is that once you have settled with the insurer, if you later find out that you have additional injuries or need future surgery for injuries sustained during the accident, these will be out-of-pocket expenses for you. Once a claim is settled with the insurer, you have no recourse.

Consult With A Professional

If you have been seriously injured, it is highly recommended you consult with a personal injury lawyer to handle your claim. The personal injury lawyer can do many things to help you that include the following:

Unlike the insurer, the personal injury lawyer will help you get the maximum compensation you deserve. He/she knows to think about the possibility of future treatments or surgeries that might be needed.
Personal injury lawyers work closely together with many healthcare workers and can ensure that you get the right medical treatment for your injuries so that you can fully recover. Lawyers in Glendale AZ are experienced and knowledgeable.
An attorney in Glendale AZ can ensure that your legal rights are maintained by offering advice and guidance.
An attorney Glendale AZ will be your legal representative whether trying to settle the case through negotiations or by going to court.
When a claim is filed on your behalf, the medical report has to state the exact medical terminology in order to get the maximum compensation. By working with your healthcare providers, not only will the lawyer get regular updates, but he/she will get a final report that will state your injuries, their severity, your prognosis, and any future problems that could be encountered.
Lawyers in Glendale AZ will order the police report and determine the extent of your liability. He or she will speak to witnesses, visit the scene of the accident, and/or may consult with road traffic experts as to the cause of the accident.
If you have been seriously injured, are not able to go to work, but yet need medical care, your hospital bills will skyrocket. And you may fall behind in your rent or car payments. The attorney Glendale AZ can speak to government agencies and hospitals and vouch for you. He/she will assure them that as soon as the claim is settled, they will be paid first. This can save you from being evicted or having your car impounded.
Speak to your insurer on your behalf. Remember when you speak to the insurer directly, your conversations are recorded and whatever you say can later be held against you. Hence, to avoid any verbal slips, the lawyer will do the talking for you.
In order to get the claim moving forward, the lawyer will write and submit a demand letter to the insurer which will state the chronology of events, all the injuries and damages you sustained, and the total amount of compensation requested.
The lawyer will enter into negotiations with the insurer to achieve the maximum compensation for your injuries.

While you may be able to deal with some of the above issues, remember that insurers have respect for lawyers and understand the value of time. If you go it alone, you may not hear anything from the insurer for months, there may be other unnecessary delays, and you may not know how to proceed or whom to call. It is much different with a lawyer as insurers are fully aware that if they do not respond in time, the case may go to trial, which is a prohibitively expensive undertaking.

What Type of Compensation Can a Personal Injury Lawyer Get For Me?

Medical expenses. These include any hospital stays, surgery(ies), pain medications, and cost of rehabilitation. In addition, if the doctor feels that you will need ongoing medical care, the lawyer can also request additional compensation to pay for any future medical bills.
Home modifications. If you are paralyzed, wheelchair-bound, or need to use crutches as a result of the accident, your lawyer can also ask for reimbursement for any modifications necessary to your home.
Lost income as a result of being unable to work. In addition, you can also be compensated for any future loss of wages.
Pain and suffering. In some cases of severe injury(ies), you can be compensated for any pain and emotional trauma endured.

Going to Trial

In cases where negotiations fail, the lawyer may elect to go to trial. But even then, the process of negotiations will continue. The reason is that negotiations are a faster and cheaper way to resolve the claim for both parties. Going to trial requires a lot of preparation and the case may be prolonged for several years. Sometimes, however, going to trial may become the only option. In these cases, you want a lawyer who is eager to resolve the case through negotiation but at the same time is not afraid to go to court.

Conclusion

If you have been seriously injured in a car accident, you should look for experienced lawyers in Glendale AZ who are knowledgeable and willing to get you the maximum compensation. Look for someone who understands your claim and has experience in dealing with similar cases. To schedule a free consultation, call the Law Offices of Richard A. Gullette today at 1-602-230-2916.

When Do I Need to Call a Personal Injury Attorney in Glendale, AZ?

Wed, 29 Sep 2021 16:03:52 GMT

Personal injury accidents are not uncommon; they occur almost every day and often when you least expect them. The severity of personal injuries can vary from mild to severe. Even a somewhat minor personal injury, such as whiplash for example, can disrupt your daily life. You may not be able to work for days or weeks. In addition, you may have to seek continuing medical care. The end result is that many people face huge medical bills after suffering personal injuries.

For example, you may be in the park watching birds and, suddenly, an unleashed dog bites you on the hand, resulting in damage to your nerves and blood vessels. The dog bite injury may require surgery to reattach the nerves and blood vessels and you may not be able to work for weeks.

Plus, there is a risk of infection, and you may need a tetanus shot, if you haven’t already had one recently. You may also need treatment for rabies if the dog is a stray or the dog’s owner failed to vaccinate the dog. A simple injury such as this can create havoc and chaos in your life. To make matters worse, you may develop anxiety and panic because there is no way you may be able to afford the cost of such care.

Your insurer, if you have insurance, may only partly cover your injuries and the rest may be out-of-pocket expenses to you. The dog’s owner may refuse to pay your medical bills or blame you for the accident. If this is the scenario you face, contact an Arizona personal injury lawyer sooner rather than later who can help make things right for you.

What types of claims do personal injury lawyers undertake?

Slip and fall injuries
Dog bites
Work-related injuries
Medical and nursing home malpractice
Motor vehicle accidents (cars, trucks, and motorbikes)
Pedestrian and bicycle accidents
Defective products
Wrongful deaths

The majority of the above injuries are preventable and often caused by negligence, carelessness, or disregard by another person.

When Should You Contact a Personal Injury Attorney in Glendale?

You are Confused and Ambivalent:

Following any type of personal injury, most people have no idea what to do or whom to contact. Frequently, there is a reluctance to contact a personal injury lawyer because they are afraid of high fees. The fact of the matter is that personal injury lawyers do not charge upfront fees but work on a contingency basis, which means they only get paid if they win the case.

Protect Your Rights:

In general, if you have been involved in a minor car accident and have suffered no serious injury, then it may not be necessary to contact a personal injury lawyer as you may be able to handle the case yourself. But if you have been seriously injured in an accident and if the other party is blaming you for the accident or the insurer is disputing your injury claims, it is highly recommended that you contact a personal injury attorney Glendale AZ.

Remember, all insurers record conversations and anything you say to them can be held against you later. They can deny compensation, blame you for the accident, or minimize your injuries. An experienced Arizona personal injury lawyer can help you understand your legal rights and options so that you can make a well-informed decision as to how to proceed. With help from a personal injury attorney Glendale, there is a lower risk that an insurer will take advantage of you.

Medical Bills:

If you have been injured due to the negligent actions of another person, there should be no reason why you should be burdened with these bills. A personal injury lawyer can file a claim on your behalf and ensure that not only will your medical bills be paid, but that you are reimbursed for any lost wages, time off work, rehabilitation, and costs of future doctor visits.

Dealing with the Insurer:

Dealing with insurance companies is almost always a hassle. Insurers are in the business of making money and their allegiance does not lie with the victims. Not only do they intentionally delay paying out the money, but often they will offer the lowest amount of settlement.

Further, the insurer will take every opportunity to blame the victim for the accident or refuse to believe the extent of his or her injuries. They do this so they can pay less money in the settlement. Even if you have a solid case, insurers are never in a hurry to pay the compensation.

As well, if you accept the settlement with the insurer and by chance you need additional treatment for the injury(ies) in the future, you will have to pay out-of-pocket expenses. Insurers do not pay for future problems that arise as a result of the accident. That is why you should have a personal injury attorney Glendale AZ deal with the insurer. Insurance companies are fully aware that when a lawyer is involved, they have to “play fair” or the case may end up going to trial.

A letter from a lawyer demanding payment carries more weight than the same letter written by the victim. Finally, personal injury lawyers know exactly how much an injury is worth and will negotiate the right amount of settlement with the insurer, which in all likelihood is a substantially higher amount than what the insurer was directly offering you.

Injured as a Result of a Defective Appliance or Dangerous Product:

In most cases, any query you make with the manufacturer will be countered with a stern letter from their lawyer demanding you cease blaming them. But this is unlikely to happen if you have an Arizona personal injury lawyer representing you because lawyers can ask for information from the manufacturer that the general public cannot access.

Settling Too Quickly:

It could be that the insurer wants to quickly settle the case by blaming both parties equally. Even if you were not at fault, you may be blamed. But if you hire an experienced lawyer to represent you, he or she can conduct his own investigation, hire a team of experts, and determine who was really at fault. The attorney can subpoena witnesses, interview witnesses, obtain television footage, and even recreate the scene of the accident to determine liability.

Permanent Disability:

If you are permanently injured or paralyzed, you will need long-term care, but who will pay for it? If your injuries are disabling, contact a personal injury attorney Glendale AZ who will also ensure that your lost wages are paid and you are compensated for any future loss of earning potential.

Long-Term Care:

Insurers generally only address acute care situations, but what if you will need long-term care after a personal injury caused by someone else? An experienced lawyer can get you additional compensation for any pain and suffering, such as the loss of enjoyment in life.

There is a Statute of Limitations:

You need to know that there is a statute of limitations on filing a personal injury claim. If you miss the deadline by even one day, your case will not be heard by the court. Lawyers are fully aware of the deadlines and what forms need to be completed to file a claim.

If you have been injured through no fault of your own, it is important to contact an Arizona personal injury lawyer as soon as possible. There is no charge for the consultation, and you are free to ask any questions. By speaking to a lawyer, you will know your legal rights and be better informed so that you can make the right decisions.

Due to the statute of limitations on personal injury cases, it is vital to get the claim filed as soon as possible. When you hire a personal injury lawyer, you will not have to worry about the administrative and bureaucratic processes of the legal system.

You will be able to spend your time getting the medical treatment you require and focus on fully recovering. Call the Law Offices of Richard A. Gullette today at 1 (602) 230-2916.

Benefits of Hiring a Local Personal Injury Attorney in Scottsdale

nzade@thatagency.com (Nina Zade) — Fri, 03 Sep 2021 18:04:32 GMT

If you have been injured due to the negligent actions of another person while driving in Scottsdale, you will want to find attorneys in Scottsdale AZ. There are many lawyers in Scottsdale. Who should you select and what should you look for in a personal injury lawyer? What are the benefits of hiring a lawyer? To hire the best lawyer for your personal injury case, here are a few things you should look for in attorneys in Scottsdale AZ:

Make Quick Contact:

There are deadlines for filing personal injury cases in Arizona. If you select a local personal injury lawyer from Scottsdale, you can make an appointment without delay. The sooner you can file the case, the sooner it can be resolved. This is one of the benefits of hiring a lawyer. It also ensures that the communication between the two parties is prompt.

If you have to look for an out-of-town lawyer, this can result in a delay with the filing of the case and, consequently, it can affect the amount of compensation you may receive. Local lawyers know the city and regional laws. Since every jurisdiction can be slightly different, the benefits of hiring a local lawyer are huge.

Medical Care:

If you have been injured, the medical system can seem like it is giving you the “runaround.” However, by speaking to a local personal injury lawyer, he or she will be fairly well acquainted with healthcare professionals and can get you the medical care that you need as soon as possible.

In addition, a local lawyer can get a medical report much faster than anyone in the general public; all this can help expedite the case. A local lawyer is likely to know at least some of the hospital staff and some of the doctors from previous case needs.

Familiarity:

One of the biggest benefits of hiring a local lawyer from Scottsdale is that more than likely people may have heard about him or her. By asking around, you may be able to get some idea about the reputation of the individual. Plus, there may be newspaper articles or local online blogs about the lawyer, and this will give you a great start in your search.

As well, a local lawyer is almost sure to know people in the city’s court system, including judges and other lawyers. If there were witnesses to your accident, a local lawyer can interview them face-to-face, as well as any other pertinent parties who were involved.

Experience:

When you have a serious injury, you should search for a personal injury lawyer who is not only experienced but has the skills and knowledge in handling similar cases. If the attorney is local, you can easily access more relevant information about the lawyer, talk to people who know him, and even check the lawyer’s rating on law platforms. You want a personal injury lawyer with a track record of success in winning cases.

Speak to Friends and Family:

If you really want to know the reputation of a local personal injury lawyer, you may want to talk to your family, friends, and work acquaintances. In a city like Scottsdale, it is more than likely that the lawyer is well-known and these individuals can provide you with a better insight into his skills, experience, and reputation. If you and the lawyer are in the same community, it is likely that you will know some of the same people.

Virtual Consult:

Another benefit of hiring a local personal injury lawyer from Scottsdale is that the consult can be done virtually. With the availability of free-video conferencing platforms, you can consult with the lawyer online and avoid the risks of acquiring Covid-19. During the online consultation, you can share and discuss your case at a time that is mutually convenient for you both.

In addition, using the same technology, you can transfer your records about the accident to the lawyer at no cost. Yet, since you are consulting with attorneys in Scottsdale AZ locally, you can also meet if need be and/or drop off paperwork easier and faster.

Guidance:

By selecting a local personal injury lawyer, this ensures that you will be able to contact and communicate with the lawyer, or one of his staff, at any time. This way, the lawyer can quickly advise you and help you make the best decision.

Efficient and Effective:

While you are always free to file your own personal injury claim in court, you may not know the deadlines, the rules, the terminology, what types of forms to complete, or where to file the claim. This can result in a delay and may even result in a missed deadline, which usually means that your case will be rejected by the courts.

But if you select a local personal injury lawyer, he or she can assist you with the filing, collection of documents, talking to witnesses, consulting with his medical experts, and obtaining both the police and medical records. In the end, this saves time and can lead to a much faster resolution of the case.

Familiar with the Insurer:

A local personal injury lawyer can also communicate with your insurer. It is important to know that insurers have their own lawyers who always minimize your injuries or try to blame the accident on you. The lawyer working out of his Scottsdale office may be very familiar with the working style of different insurers and can help negotiate settlements. Plus, if the insurer plays hardball, the attorney can also file a lawsuit against the company.

Settling the Case:

If you prefer not to go to trial, the local personal injury lawyer can help with the settlement process. Lawyers know the art of negotiation and can help you get the maximum compensation that you deserve. With a settlement, you can avoid the hassles associated with the legal system, and it is also a faster and cheaper process.

Avoid Arguments:

Often when people are injured due to the negligent actions of others, they may say something that can jeopardize the case. The personal injury lawyer can act on your behalf and speak to the insurer and others. The lawyer knows exactly what to say so that it will not harm your case. Personal injury lawyers tend to act as professionals at all times because they know what is at stake.

Prevents You From Being Sued:

When you have hired a local personal injury lawyer, the lawyer can save you from being sued by offering guidance and advice. Since the lawyer will be doing the communication on your behalf, the chances of you getting sued are almost non-existent.

Conclusion

There are many benefits to hiring a local personal injury lawyer in Scottsdale. It is important to understand that there is a lot at stake for the lawyer when he or she takes on your case. The lawyer wants to win as much as you do; therefore, selecting the right lawyer is the key. When you have the right professional representation handling your case, your mind can be put at ease.

Richard A. Gullette has more than 30 years of experience in litigation in Arizona. He knows Arizona’s laws and the ins and outs of the court system. Rick will put you and your family first, and he will be with you at every stage of the process. Call him today at 1.602.230.2916.

Choosing the Best Scottsdale Car Accident Attorney

nzade@thatagency.com (Nina Zade) — Fri, 03 Sep 2021 17:56:10 GMT

According to the 2019 Arizona Crash Facts Summary Report , Published June 29, 2020, just under 450 car accident fatalities were reported in Maricopa County. That’s an incredible statistic, but that number is lower than the nearly 500 car accident fatalities reported in 2018. That number represents three times the amount of the next highest county’s total (Pima County), which had just over 141 car accident fatalities in 2019.

That same year, in 2019, Scottsdale registered 4,562 car accidents, which was an increase of nearly 500 car accidents from the previous year, 2018. Of that 2019 number, 1,361 culminated in injuries and 24 resulted in fatalities.

Recently, a crash on Frank Lloyd Wright Boulevard and Loop 101 injured one person. Thankfully, in this instance, the injuries were minor. In a rollover collision at Scottsdale Road and Dynamite Road recently, at least one person suffered minor injuries. In another recent incident, one person died as a result of a truck and motorcycle crash on Scottsdale Road.

If you have been injured due to the negligent actions of another party following a car accident and decide to go to court, you will need a car accident lawyer. Scottsdale has many car accident lawyers, but how do you know which is the best one for your case?

It is important not to hire the first lawyer that shows up on a google search; you preferably want someone who is experienced, has had successful cases, and, above all else, makes you feel comfortable.

If you reside in Scottsdale and need a good car accident lawyer, below are some tips.

Experience:

There are many types of lawyers in Scottsdale, but if you have been involved in a car accident, you need one who has experience in that area. A general practice lawyer may have little knowledge about car accidents and may never have been to court. You preferably want someone who has solid experience dealing with car accident cases and a track record of success.

Matches Your Personality:

When you find a Scottsdale Personal Injury Lawyer , it is vital that you physically meet the individual. While the lawyer will determine the merits of your case, you should also be analyzing the individual. The lawyer you select should make you feel comfortable, answer all your questions, and listen to you. If your personality does not match the lawyer’s, you need to find someone else.

Friends and Acquaintances:

One of the best ways to find a good car accident lawyer in Scottsdale is by asking one of your friends or family members. Perhaps one of them has dealt with a car accident lawyer and can make a recommendation. If the friend/ acquaintance has great things to say about the lawyer, then add him or her to your list.

Different people have different experiences with a lawyer; hence, do not make a decision until you meet the lawyer and discuss your case. If the interaction is good, then you have found the right professional.

Past Experience with Lawyers:

Another way to find a car accident lawyer in Scottsdale is to speak to a lawyer with whom you may have had prior experience. You may have needed the services of a probate lawyer or a real estate lawyer; you can ask them for a referral. Most lawyers have a solid network of colleagues to whom they refer clients. Again, do not make up your mind until you meet this individual in person.

Lawyer Website:

There are several websites dedicated to the practice of law, such as Nolo or Findlaw. These websites have a directory of lawyers by profession in each state. In addition, the websites also have a chat site where you can discuss your case and are then referred to a lawyer in that specialty.

Do the Legwork:

Once you have been referred to a car accident lawyer, then the onus is on you to go online and do some research. Go to the lawyer's website, read about his or her education, experience, and what the reviews say. You would like to know if the lawyer has courtroom experience and if he has been successful with car accident cases in the past. This way, you will be prepared to ask questions when you finally meet the professional.

Communication:

One key thing that you should determine during the initial consultation is how well the lawyer communicates with you. Is he willing to take your approach on the case, does he explain things, do you get the sense that he knows the subject well? A lawyer who listens and is able to explain things can also help you make informed decisions.

Do Not Go for the Hype or Flashy Office:

Some lawyers in Scottsdale have a lot of hype, work from huge flashy offices, and have large billboards indicating their monetary success. While these lawyers may be good, in many cases, they are also prohibitively expensive. And since they work in a large team, your case will most likely be assigned to a junior lawyer.

The big-time lawyers usually do not work on small cases where the rewards are low. Look for a lawyer who is practical, realistic, and does not promise you the moon; there are many good solo car accident lawyers in Scottsdale who genuinely care about their clients like family and are personally devoted to your case.

Conclusion

No matter how you find a car accident lawyer in Scottsdale, you still need to meet with the professional in person. Most lawyers offer an initial consultation for free, and you should make the most of it. Make a list of questions you have and examine the responses.

If you find that the lawyer has answered all your questions to your satisfaction and makes you feel comfortable, you have found the right professional. The Law Offices of Richard A. Gullette puts you and your family first. Call him today at 1.602.230.2916.

Questions to Ask a Scottsdale Personal Injury Attorney

Fri, 03 Sep 2021 16:06:05 GMT

When meeting a Scottsdale personal injury attorney, it is important to come prepared. Some people visit a personal injury lawyer, rarely ask any questions, then go home and complain that the lawyer did not provide all the information.

In order to determine if this is the right lawyer for you and how the injury case will be handled, the responsibility is on the clients to come prepared with a list of questions. The more questions you ask, the better you will be able to make an informed decision about the lawyer and the case. Below is a list of questions to ask a personal injury lawyer in Scottsdale.

Do You Have Experience in Handling Cases Like Mine?

How long have you been practicing in the State of Arizona? In Scottsdale? What kinds of similar cases have you represented in Scottsdale or Maricopa County? If you have been involved in a car accident, then you need a lawyer who deals mainly with motor vehicle accident cases. You do not want a general lawyer who more frequently might deal with cases involving wills or medical malpractice. Always ask the attorney if he or she has experience dealing with cases similar to yours.

Will the Attorney Keep You Updated?

It is important to ask the personal injury lawyer if you will be updated on the progress of the case. Granted, some attorneys are very busy but at least a junior staff member may communicate with you. Always ask the attorney who you can call or email if you have a question. The most reputable Scottsdale attorneys will always make a point of updating their clients regularly.

What is the Cost of the Services?

This is a very important question to ask as you do not want to be surprised with a huge bill at the end. Most Scottsdale personal injury lawyers work on a contingency basis. This means that they have no upfront fees. If they win the case, they deduct a certain percentage as their fee. This percentage varies from 25-35 percent. You should have the fee structure all in writing so that there are no disputes at the end. Finally, do not seek a Scottsdale personal injury attorney who charges by the hour as you have no control over their work hours, and the bills can become astronomical.

Can the Attorney Offer an Outcome On My Case?

What kinds of damages are available in Arizona? Does the City of Scottsdale and its court system have any special laws to be aware of regarding car accidents? You should ask the lawyer if your case has merits and whether the outcome will more likely than not be positive.

Based on the lawyer’s prior experience, he may be able to give you some idea as to how the case might be handled and what a possibly likely outcome may be. If the injury was not due to your being at fault and your injuries are serious, in most cases, the outcome should be positive.

How Long Will It Take to Settle My Case?

Personal injury cases usually take time to settle because the lawyer has to deal with multiple parties, including your healthcare providers, the police, and the insurer. Documents have to be collected, letters have to be sent out and, in some cases, the lawyer may have to hire an expert witness to determine the cause of your injury and the resulting damages.

While the attorney may not be able to give you the exact date based on his experience, he may be able to give you a rough timeline when you can expect a resolution. If the case is simple, it may be resolved in a few months, but complex cases may take one year or longer.

Will My Case Go to Trial?

In the majority of personal injury cases, the cases are resolved before they go to trial. However, if the liability is in the dispute or the insurer does not want to settle, going to trial may be the only option. Cases can be settled anytime, however, even on the day before the trial begins.

Is There an Alternative to a Trial?

This is an important question to ask because, in reality, you do not want to go to trial as it is expensive, time-consuming, and the outcome cannot be predicted. Your attorney should be able to review your case and suggest the possibility of a negotiated resolution. This is an excellent option when you have a strong case. Settlements are a faster and cheaper way to resolve any conflicts. Sometimes it may take several sessions between the insurer and the lawyer to come to an agreement.

Do You Have Courtroom Experience in Scottsdale?

Do you know the judges who might be handling my case? The fact is that many lawyers have little or no courtroom experience. If your case goes to trial, you want an attorney who has courtroom experience. Therefore, you should ask the attorney about his or her courtroom experience and the results.

Conclusion

Some questions to ask a personal injury lawyer are listed above. Asking the Scottsdale personal injury attorney the right questions will help you understand what is involved and the timeline. The most important thing is to feel comfortable with the lawyer.

If you are both in sync to achieve the same goal, the results are usually encouraging. Richard A. Gullette is a prominent and experienced Scottsdale attorney who will give you and your family the personal attention you deserve. Call him today at 1.602.230.2916.

11 Questions to Ask Your Attorney

Thu, 22 Jul 2021 21:03:45 GMT

Everyone has questions when reviewing a new case or incident with an attorney. Go into your next meeting prepared with these questions:

Hiring a personal injury lawyer should not be an instant decision. While there are many good lawyers, there are also many that are just starting out, lack experience, and have never tried a case in court. The last thing you should do is scan the yellow pages and hire the first personal injury lawyer at the top of the list.

This method of selecting a lawyer almost always results in poor outcomes. Instead, select a few personal injury lawyers and ask the right questions. You want to preferably select a lawyer who you feel comfortable with, is open and communicative, listens to you, and comes across as a legitimate professional. The only way to know which personal injury lawyer will meet your needs is to get answers to the following questions to ask an attorney.

1. What is Your Experience?

In general, an experienced attorney will be familiar with the legal system, available resources pertinent to your case, and may even have extensive connections. You want to make sure that your lawyer has previously handled similar cases and won't struggle.

You want to pay for the lawyer’s experience but not for any mistakes he or she makes along the way. Do not be shy to ask how many similar cases the lawyer has handled and the outcomes. Ask a Phoenix lawyer for the names of his clients who can act as referrals so that you can verify them.

2. Do You Specialize in Personal Injury Cases?

In general, you want a lawyer who devotes the majority of his/her time to personal injury cases. While you can always consult with a general lawyer for an injury case, these professionals may not have the depth of knowledge or experience in dealing with complex injury cases.

You preferably want someone who is dedicated to one specialty of personal injury law. For example, if you have a surgical complication caused by a doctor or medical institution, you want to seek the services of a medical malpractice lawyer and not a general lawyer.

3. How and When Will the Attorney Communicate with You?

In general, lawyers are busy people and simultaneously work on many cases. Often, they get caught up in their work and personal communication with the client is rare. If you are someone who likes to keep on top of things, then you need to ask how often the attorney will call you. Will he or she communicate by phone, email, or text? Attorneys who are busy will often delegate the task of communication with clients to junior staff.

At the same time, you would like to know if you will be able to contact the attorney if something important comes up? Attorneys can be very busy and have little time to chit-chat, but they will give you an email or a phone number to the office where you can contact junior staff. If the matter is not urgent, the attorney should be able to reach you within a few hours. If the attorney states that he or she does not like clients calling the office, then you need to continue searching for a lawyer.

4. How and When Will You Pay for Their Services?

Depending on your type of case and the law firm you select, there are different payment arrangements possible. Most personal injury attorneys work on a contingency fee basis, which means you don't have to pay until the lawyer wins your case. However, other lawyers may work on an hourly rate or ask for a retainer fee, or a combination of both. You should always ask your attorney about his or her fee structure and payment plan upfront so you will know.

5. Can the Lawyer Predict the Outcome of the Case?

In general, predicting the outcome of a case is not easy. Each injury case is unique and there are many factors that one has to assess. However, based on previous experience with similar cases, the personal injury lawyer may be able to give you an estimated outcome.

6. How Long Will It Take to Resolve the Case?

No matter how simple a personal injury case is, it still takes time to resolve the issues. The lawyer has to collect all the medical reports, speak to the doctors, get the police report, speak to any witnesses, call the insurer, and so on. It is important to understand that if you are still being treated for a medical injury, the lawyer will not be ready to settle.

Premature settlements can lead to a small amount of money and if your injury continues to require treatment, all the expenses will then be out of your pocket. Hence most lawyers will wait to settle the case until your medical treatment is completed and they have a final bill. However, based on personal experience, a good personal injury lawyer will be able to give you a rough timeline of when the case will be settled.

7. Will Your Case Go to Trial?

The majority of personal injury cases are settled before they reach court. However, there can be times when the insurer may doubt your medical injuries or hold you at fault and refuse to settle; in such cases, going to trial is the only way to resolve the case. However, cases can be settled even the day before going to court.

But, for the most part, expect your case to be settled out of court. At the same time, you should always ask the lawyer if he or she has trial experience. You preferably want to select an attorney with courtroom experience as it does require extensive preparations.

8. What Are Your Fees?

Retaining a lawyer can be quite expensive, and this is often the primary reason why people do not seek services from an attorney. Hence, you should always ask about the fee structure. In general, you should avoid personal injury lawyers that charge by the hour. The reason is that you have no control over the duration of the case and the lawyer could potentially extend the case, primarily for monetary reasons.

Fortunately, the majority of personal injury lawyers work on a contingency fee. This means they get paid when they win the case. The contingency fee may vary from 20-35 percent of the amount awarded. The other good thing is that there are no upfront fees.

Even if the lawyer charges you a flat rate, you should always ask if this fee will include court costs, delivery services charges, phone call costs, or any travel expenses. After you have been awarded the money for your injuries, the lawyer will deduct his share of the expenses.

9. Do I Have to Pay If I Lose the Case?

Whether you have to pay if you lose the case depends on the jurisdiction you live in and your contract with the lawyer. Most personal injury lawyers only charge you for the administrative fees and/or court costs if the case went to trial.

However, other lawyers simply do not charge the client any fees if the case is lost. Hence, you need to ask this question before signing any contract. The last thing you want is to be saddled with a huge bill despite suffering an injury and losing a case.

10. Will the Lawyer Offer You a Contract?

If a lawyer does not offer you a contract, you should always ask for one. No matter how simple the case, you want everything in writing, including the billing policy and all other fees. When the lawyer is unwilling to have a contract, this should be a sure sign that you are dealing with someone who does not play by the rules.

11. Will the Lawyer Be Willing to Settle the Case Instead of Going to Court?

You preferably want a lawyer who is willing to settle the case instead of going to court. Going to court is a longer and more expensive process and the outcome rests on the jury. Settling a case is a much better option as it is a shorter, cheaper, and faster process. However, there may be times when the other party may not want to settle, and the lawyer has no choice but to go to trial.

Have Questions You Need to Ask a Phoenix Attorney? Contact Us Today

All in all, questions to ask the attorney should guide your process of deciding who may be the best lawyer for your case. When contacting a Phoenix attorney, consider the law offices of Richard A. Gullette . If Rick takes your case, he will work directly with you every step of the way. After all, his over 30 years of experience in Arizona resolving personal injury cases gives him an abundance of knowledge to share with you .

How to Prepare for a Lawyer Consultation

Thu, 15 Jul 2021 20:40:36 GMT

Knowing how to approach a lawyer and what to prepare for can make all the difference when meeting for the first time. Starting off on the right foot can lead to a quick result to your question.

While most people want the best and most experienced lawyer to represent them in a personal injury case, it is important to remember that the client also has certain expectations to meet. Do not automatically think that just because you have suffered a personal injury, every lawyer will be standing first in line to take your case. Have you ever asked, “How do a find a free lawyer consultation near me?”

There are several ways to go about answering this question, but you also need to remember your role. Lawyers also have certain expectations of their clients, and they include the following:

Dress appropriately. Just like you expect a lawyer to be professionally attired, lawyers also expect their clients to be appropriately dressed. This does not mean you wear a suit and tie but at least wear a decent pair of fresh pants and a shirt. Make sure your hair is combed and you do look sleepy, tired, or uninterested. Please do not come to a lawyer with your pants low-slung. The lawyer may not take you, or your personal injury claim, seriously.
Before the initial consultation, document a chronology of the events that led to your injury. Reveal the full details of your medical injury backed by reports and X-rays from the medical professionals who have treated you.
Bring all necessary documents. When you meet with the lawyer, come prepared. Have all your documents photocopied. This includes the accident report, the police report, medical report(s), names of any witnesses, and any communication that you may have had with your insurer.
Have a list of all the possible questions that you may want to ask of the lawyer. For example, does your case need attention from a personal injury lawyer, how much compensation can you expect, etc. Most lawyers offer a free consultation, but you are taking the lawyer’s time and it is important to ask as many questions as possible. If you forget to ask questions, in the future, it may be that the lawyer may ask you to pay additional money to answer more questions.
Show honesty: Despite what people read and believe, most lawyers are honest professionals and also expect the same from their clients. Do not make up stories and do not exaggerate your injuries. The thing to remember is that whatever you say to the lawyer is confidential and can never be revealed to the public. Being open and honest in your communications with Phoenix lawyers is your best course of action.
Discuss payment plan: It is important to discuss the fees that may occur with your case. Even if you do not bring up the topic, your lawyer will, and discussing a payment plan is vital for any case. The key is to understand that there are several types of fees possible, and you should have it all in writing. This includes the type of payment plan, how much is expected as upfront fees, how much is the lawyer charging by the hour, or does he or she have a flat rate? Most attorneys will not charge anything if they don’t win your case.
Do not sign everything: When you visit a lawyer’s office, there will invariably be a lot of paperwork. Read it before you sign it. If the volume of paperwork is too big, do not be afraid to tell the lawyer that you would like photocopies so that you can read everything at home before signing. No reputable lawyer will refuse that request. Even after you have read the document, if you still do not understand it, ask the lawyer to please explain it again.
Keep copies: As a rule, all clients should have the entire copy of their case and billing. Lawyers will be more than glad to give you all the necessary photocopies of your case for your record.
Be prepared to pay: Even though the initial lawyer consultation may be free, once the lawyer decides to accept your case, there may be a small administrative fee for the paperwork. Therefore, you should bring along a method of payment (a checkbook, debit card, or credit card.
Come alone: Even though you may feel that it is important to bring along a family member or friend to the meeting, the best advice is to come alone. Your partner can wait in the lobby. The reason is that all client-lawyer communication is confidential and privileged. Also, you may say something, and later, it is possible that the lawyer may call upon your friend/family member to testify against you if the relationship takes a turn for the worst.
Turn off your mobile phone. If you want to earn the respect of Phoenix lawyers, turn off your mobile devices. It is extremely annoying to have a ringing smartphone interrupt a serious meeting and may be a signal to the attorney that you might not take things seriously when, and if, the case were to get started.
While the internet is a great source of education, it also falsely creates a myth that everyone can be a lawyer. This often leads to chaos and bad outcomes. The best advice: listen to your lawyer and heed what he or she says. They went to law school for a reason. For example, if your lawyer tells you not to speak to the insurer, follow that advice. Almost all insurers try to settle the case with the victim, but whatever you say to the insurer is also recorded and is often used against you to counter your claims or open the possibility of the validity of the injury. Lawyers frequently make recommendations with your interest as a priority.

Don’t Settle for Any Phoenix Lawyers That Aren’t The Best

By following the above tips, you should have no issues answering the question, “How do a find a free lawyer consultation near me? In fact, you shouldn’t have any problem finding a handful to check out. Richard Gullette has more than 30 years of experience in handling personal injury cases. He would be more than happy to talk with you and discuss the merits of your case. Call him today . Begin your search and end it today with Richard Gullette.

Where to Find a Personal Injury Lawyer in Phoenix, AZ?

Thu, 08 Jul 2021 20:13:47 GMT

Finding a reliable lawyer doesn't have to be a struggle anymore. Check out these tips for how to find the right personal injury lawyer in Phoenix, Arizona.

Even though it may seem as though there are lawyers located on almost every street in America, finding a reputable and experienced personal injury lawyer can be difficult. If you are seeking the services of a personal injury lawyer in Phoenix, AZ, here are some tips:

1. Prior Encounter:

If you have had prior interaction with any lawyer in the past, perhaps you may want to ask him or her for a referral to a reputable personal injury lawyer. If possible, get the name of the lawyer, perform an online search, read the reviews, and scan his or her website. The more you become informed about the lawyers, the better prepared you will be to make a decision. Remember, however, that just because a lawyer refers you to a personal injury attorney does not automatically mean that he or she will be great. You still need to meet the lawyer, ask questions and make the determination yourself.

2. Speak to Friends and Family:

Another source for referral of a personal injury lawyer is to speak to your family members or friends who may have interacted with one. In many cases, people who have first-hand knowledge can help guide you to an experienced personal injury lawyer. But, again, do not make a rapid decision about the lawyer just because your brother, let’s say, had a good encounter. Different individuals will have different interactions with different lawyers. The bottom line is that you must physically meet the lawyer to determine if he or she meets your needs.

3. Scan the Internet:

Another way to help select a personal injury lawyer is by scanning the internet. Today, you can perform a search, such as “personal injury lawyer Phoenix AZ” and, instantly, Google will provide you with a list. Jot down on a piece of paper the names of at least five personal injury lawyers in Phoenix, AZ. The next step is to visit each lawyer’s website and determine what type of practice and experience he or she has. Furthermore, you need to read reviews about the lawyer. Please note that since not all reviews are honest, you need to read at least 10-12 to get a good overall picture of the character of the lawyer.

4. Lawyer Websites:

One great way to find personal injury lawyers in your community is to visit websites like Nolo.com or AllLaw.com. Here you can look for lawyers per specialty and their locations. These websites provide good information on the lawyer’s training, expertise, and even experience.

Plus, the websites also provide a wealth of educational material on how to select a personal injury lawyer. The websites do offer a “chat” interface where you can discuss your case online and/or be referred to a lawyer in your community. This is an excellent way to find a personal injury lawyer.

5. Speak to Your Insurer:

In some cases, the insurer may know of a good personal injury lawyer. However, the lawyer you seek mustn’t work for the insurance company. The reason would be that the lawyer’s interest may be to safeguard the insurer and not you.

6. Meet the Lawyer:

No matter how many lawyers you are referred to, one of the best ways to know if you have selected the right personal injury lawyer for your needs is to meet with the individual. Write down all the questions that you want to be answered and see if the responses by the lawyer meet your needs. Preferably, you also want a lawyer with experience in dealing with personal injury cases and, specifically, your type of personal injury.

During the meeting, assess how much attention the lawyer devotes to you, does he/she listen well, is he or she willing to have your input, or is it all going to be the lawyer’s way? Finally, ask if the lawyer or someone from the office will continue to communicate with you regularly. If the lawyer fails to answer your questions, is hesitant to reveal his or her fees, or is abrupt, then you need to continue searching. The key is to ensure that you do not clash with each other but have the same mission.

7. Ask About the Fees:

Finally, you need to know the lawyer’s fees upfront. While you may feel that you have found the right lawyer, you may not be able to afford his or her fees. At the very first consultation, you should find out about the fee structure. The majority of personal injury lawyers work on a contingency basis, meaning they only get paid if they win your case. They may charge anywhere from 20-33 percent of your award. While this may seem a high figure, you generally have no upfront fees. Plus, it is a lot cheaper than to go with a lawyer who charges fees by the hour.

Should You Select a Solo Lawyer or One Who is in a Large Practice?

In general, the size of the firm of lawyers in Phoenix, AZ should not impact your case. Even if the law practice has over a dozen lawyers, only one lawyer is going to be going over your case.

The one advantage of going with a large law office is that it may have many excellent personal injury lawyers that may prove intimidating to most insurers, but, on the other hand, large law firms also tend to have higher fees, and this may eat up a significant portion of your award. Further, with most large personal law injuries, your case is often passed down to junior paralegals, whereas with a solo lawyer, your case will get 100 percent of his/her attention.

When you physically meet the personal injury lawyer, bring along all your supporting documents of the injury, including medical bills, the police report, and medical reports. In addition, any communication that you may have had with the insurer should also be brought along.

The majority of personal injury lawyers do not charge a fee for the initial consultation, and you are free to ask any questions you want. Whatever the case, it is important to have everything in writing so that there are no surprises at the end. The law offices of Richard A. Gullette serve the greater Phoenix area and will put you and your family first. Call Rick today .

What Are the Most Common Causes of Car Accidents?

richard@rgulletteinjurylaw.com (Richard Gullette) — Wed, 07 Jul 2021 15:00:08 GMT

Every year, nearly 120,000 car accidents happen throughout the state of Arizona , and while some are quite minor, others have very serious consequences including expensive property damage and horrific injuries. Unfortunately, not all of those accidents are simple mishaps. Instead, many of them come as a result of ignored traffic laws and excessive speed. What causes most car accidents in the state? Take a look.

Distracted Driving:

Distracted driving is one of the most common causes of car accidents in the state. The distractions may include eating, grooming, talking, reading, or even texting. Even a momentary lapse of a few seconds can result in an accident. The state has taken a number of steps to increase the penalties for distracted driving, but simple things like texting while driving is still increasing.

Drunk and Drugged Driving:

Drunk and drugged driving is another common cause of car accidents. This tends to be common during weekends, holidays, and festive occasions. Tragically, it often results in the loss of life of innocent people. Both drunk and drugged driving are illegal and result in stiff penalties.

Excessive Speed:

Speeding is very common on the roads in Arizona both on the highways and inner city. People speed for many reasons, but it is a dangerous habit as it is cited as the 2nd most common cause of accidents. Resist the urge to speed and leave home early; it may save your life.

Reckless Driving:

This is quite common among younger and impatient drivers. Some drivers change lanes suddenly, others act very aggressively on the roads and then others cut into lines and suddenly apply the brakes. Some simply cannot wait to make a turn. Reckless driving continues to be a common cause of accidents, especially during rush hours. In some cases, this means running red lights and stop signs. In others, it may mean tailgating a vehicle. These behaviors are dangerous and common, but the consequences are always serious.

Weather:

Even though Arizona is hot and dry, it does have the occasional heavy downpours. Tragically many people continue to drive at the same speed when it rains and it usually ends up in an accident. The combination of heat and rain often leads to slippery roads; causing cars to glide without control. Plus, sometimes it rains heavily and the visibility is limited- the best advice is to pull over and let the rains subside- it can save your life.

While these are the most common cause of car accidents, there are several other reasons car accidents happen throughout the state. Not maintaining your vehicle is one way to cause an accident. When safety equipment like headlights or tail lights go out, you could cause an accident. Similarly, bald tires and other problematic issues with your car make it less safe to drive. It’s your responsibility to ensure your car doesn’t have any of these problems that could compromise your safety or that of others while you’re on the road.

Poorly maintained vehicles aren’t the only other cause of accidents in Arizona, though. The terrain throughout the state is also a factor in some accidents. From blind curves to potholes, oil slicks, and gravel roads, you must be careful as you drive throughout the state. Don’t forget to be on the lookout for wild animals. Any kind of animal can cause an accident, but deer, coyotes, and raccoons are the most likely to create problems on the road. Often they can cause a driver to veer or brake suddenly, and they may cause more than one car to crash.

Road construction may also cause accidents in the state . On any given day, there are hundreds of road construction sites in the state, and despite careful signage, motorists are still often taken by surprise. That can not only injure a worker, but also drivers.

Some groups are more likely to be in a car accident than others. Teens tend to experience more accidents than any other age group. Most simply do not have the experience required for safe driving. They tend to speed, text while driving, get distracted by passengers and cell phones and drink and drive. Parents can help mitigate the risk by pushing teens to go to a defensive driving course and creating smartphone rules while in the vehicle.

There are many causes of motor vehicle accidents and in most cases, they can be prevented. Getting into a motor vehicle accident is serious, and if you end up seriously injuring or killing another person, rest assured, the consequences can be severe. Pay attention to the roads, abide by the traffic rules, drive according to the speed posted, and remain patient; it will save not only your life but many others.

It is important to note that you need to collect the evidence if you have been in a car accident, contact your insurance provider, get treatment for any injuries suffered during the accident in a short amount of time immediately after the crash.

It is always a good idea to hire an Arizona Auto Accident Lawyer who can help you in getting fair compensation for the damages you suffered. Contact us today for a free legal consultation.

10 Steps to Take After a Car Accident in Arizona

richard@rgulletteinjurylaw.com (Richard Gullette) — Thu, 01 Jul 2021 14:00:31 GMT

Each year, there are more than 130,000 car accidents across the state of Arizona, and those numbers are only going up. As the population of the state continues to increase, so do the number of cars on the roads. Your risk of getting into an accident at some point is very real, and while many accidents are minor fender benders, understanding what to do right after a car accident is absolutely essential.

The Steps to Take After a Car Accident

It’s happened. You’ve been in a car accident. Realistically, what should you do next? Follow these steps carefully.

1. Stop: Whether the accident is massive or it’s just a small bump at a stop light, the first thing you should do is stop the vehicle. Never leave the scene of the accident without stopping and exchanging the relevant information. If you have hit a parked car, leave a note behind before you leave. Leaving a scene of an accident, especially if you have caused property damage or injured someone, is illegal throughout the state of Arizona, and you could face a fine or even jail time!

2. Provide Assistance: After an accident has happened, make sure the other party doesn’t need immediate medical attention. Arizona law says you must provide reasonable assistance to injured victims. You should do what is safe and within your abilities- but don’t just ignore the other injured party.

3. Call 911: Even if the accident is just a fender bender, call 911. If the accident is associated with property damage and/or injuries, the police will prepare a report which you will need for your insurer and/or if you decide to file a lawsuit. Just reveal the relevant details to the officer; do not provide information that may not help your case- just the facts and be honest. For example, if the other driver was swaying all over the road before the accident or was on his mobile phone, mention that fact.

4. Exchange Relevant Information: Following a car accident, the law requires that you exchange information with the other driver. This includes

Your name
Address
Insurer
Driver’s License Number
License Plate Number

You’ll need the same from the other party too. Don’t just accept their information verbally. Instead, take a picture of their driver’s license, insurance card, and license plate with your phone. If possible, take pictures of the car in case the driver decides to leave. You will need this information when you file a claim with the insurer.

5. Speak to Any Witnesses: If the accident was within the city, there will most likely be a few people who may have witnessed the collision. Potential witnesses may include:

The driver of the other car
Passengers in the cars
Emergency medical personnel
People in nearby buildings

Every attempt should be made to speak to witnesses at the scene as they are almost impossible to track down after the event. Relevant details from witnesses should include:

Home and work address, including telephone number
Email address

If you have a smartphone you can record their statement and their information as long as the witness gives you permission to do so.

6. Get Medical Attention: Even if you think your injuries are not severe, see a healthcare provider ASAP- preferably the same day. All your injuries need to be recorded by the healthcare provider if they are to be included in the accident reports. Sometimes injuries can present late such as with whiplash, and if you did not see a doctor, the other party may claim that the injury may have been caused by something else or that your injuries were trivial.

7. Call your Insurer: As soon as you are able, you should notify your insurer about the

accident. Remember, insurers usually record all phone calls and the key is to just

provide the facts and nothing else. All insurers hate paying out money and hence whatever you say can be held against you when it comes time for compensation. In some cases, the insurer may call you up especially if you have suffered a serious injury, and may offer you a lump sum compensation. But be very careful, and do not agree to anything as the amount may sound a lot but is minuscule compared to what you can get by going through with a personal injury lawyer. Once you accept an offer from the insurer, you cannot reverse that decision. And if you later develop more injuries or pain, the cost comes out of your pocket. Further, once you accept a settlement you cannot sue for more damage. If you have spoken to a lawyer, then simply provide the insurer with the name of your personal injury lawyer, who will know exactly what to say and what not to say.

8. Keep track of your bills: If you are seeking compensation for your injuries, you must

keep a record of all your bills and dates. Photograph all your injuries and keep a track of how many days you have missed work. Every time you see a healthcare provider, buy relevant medications, get tests, undergo surgery or rehabilitation should be documented. If you have been having pain and require treatment, note the times and what you took to ease the pain- in many cases, the courts do compensate for pain and suffering. In general, you only get paid if you provide the documentation.

9. Contact a Personal Injury Attorney: If you plan to file a lawsuit following a car accident, the first thing to understand is that Arizona has a statute of limitations- this is a state law that sets a strict time limit during which you can file a lawsuit. The deadlines do vary depending on the severity of your injury but in general, for car accidents, the period is 2 years from the date of the accident. And if you are late by even one day, the court will refuse to hear your case. While you may think that 2 years is a long time to file a case, you need to understand that there is a lot of work involved in the filing of a lawsuit and the deadline can easily be missed. You want to have ample time in case the settlement talks do not turn out to be productive and there is a need to go to trial, so contacting a personal injury attorney is the best way to ensure you meet the required deadline.

If you have been seriously injured in a car accident, the best way to get the maximum amount of compensation is by seeking assistance from a lawyer. An experienced lawyer will not only ensure that you get the right medical treatment but that you are paid for all your lost wages, medical bills, pain and suffering, and the cost of rehabilitation. Many personal injury lawyers work on a contingency basis-meaning they only get paid if they win the case. Car accidents can be serious. Contacting a personal injury attorney is the best way to make sure your rights are protected.

5 Ways Car Accident Attorneys Help Their Clients

Tue, 22 Jun 2021 16:45:02 GMT

When you are injured in a motor vehicle accident due to the actions of another party, it can be a traumatizing experience, especially if the injury is severe and results in loss of a job and/or becomes a long-term disability. Often the victim is confused and does not know how to proceed. Most people hear the word lawyer and immediately develop apprehension about the cost of litigation. But what most people do not realize is that accident lawyers can help you in many ways, and, more importantly, they work on a contingency basis. Read on to learn more.

WAYS CAR ACCIDENT LAWYERS CAN HELP THEIR CLIENTS

1. Assess your case:

Many people who have been injured in a car accident are never sure if they have a good enough case to win compensation, even though they have been injured. The only way to know the merits of your case and if you would have a chance to win your case is to seek an initial consultation with a lawyer. The initial consultation is free, whereby the lawyer will review your case and determine its merits. At this consultation, you will also be free to ask any questions you may have. A good lawyer can quickly assess the case and recommend how to proceed. What you may have considered to be a minor injury may turn out to be more serious and you may be able to collect adequate compensation.

2. Communication with the insurer:

Dealing with insurers is not always easy when you are seeking compensation. Not only do insurers frequently minimize your injuries, but also blame you for the accident; worse yet, they usually are only willing to offer a small compensation for all your injuries. In addition, insurers are most well-known for procrastinating on matters and dragging them out. If you work with a personal injury lawyer , he or she can handle all your communication needs and remove that frustration. As well, lawyers are fully aware of your legal rights and know exactly how to deal with stubborn insurers. Lawyers know exactly what to tell them and they know the art of negotiations. Remember, all insurers want to minimize their payments to clients but when working with experienced lawyers, they may not succeed at settling for less. By going with a car accident lawyer , you can avoid the stressful experience of dealing with an insurer.

3. Ensure you are medically treated:

Experienced car accident lawyers have a wealth of contacts in the medical field and will ensure that your injuries are not only promptly evaluated but also treated. The lawyer will ensure that you get the proper tests to determine what type of injuries you have incurred, and this will also bolster your case. More importantly, the personal injury lawyer will have quick access to the medical reports to determine the severity of your injuries. All this will help enable the lawyer to be in a good position when it comes to negotiating with the insurer.

4. Representation of clients in many areas:

4. Following a car accident, you may be injured and may have fallen behind in some of your debt obligations. You may face medical expenses and other bill collectors who are expecting to be paid right away. Your attorney can negotiate with the hospitals, lien holders , and bill collectors to reduce your total payment liability or even delay the payments until you have received your due compensation. The lawyer can also represent you in court against liability issues and protect your rights during the claims process.

5. Offers legal advice:

Many people who have been injured in an auto collision due to the negligent actions of others often do or say things at the time of the accident that undermines the strength of their case. For example, the victim may speak to the other party and discuss the accident, freely communicate with the insurer, or fail to see a healthcare provider. All these things can seriously hamper your case. The lawyer will offer you good advice, such as not speaking to the insurer about the case in-depth; anything you say could be recorded and your conversations could be held against you in a court of law, and your compensation could be minimized. Secondly, a good lawyer will tell you not to speak to the other party, except for the exchange of name, address, and insurance policy. The more you communicate with others, the greater the chance that it will come back to haunt you during the compensation hearing. In addition, a lawyer will tell you that you need to seek medical attention right away, even if your injuries may seem trivial at that moment. If you do not see a healthcare provider on the same day of the accident, any injuries that present later will be blamed by the insurer on another event. Plus, many nerve injuries can show up later, after an accident, and if your injury is left undocumented, the chances of getting fully compensated are low. Finally, the injury lawyer may evaluate your case and tell you that it may not be worth pursuing and that it can save you a ton of money.

Conclusion

If you have been injured following a car accident, consulting with a personal injury lawyer is a win-win situation for you and the lawyer. There are no upfront fees and the lawyer does all the work for you. He or she only gets paid if you win the case. Contact the Law Offices of Richard A. Gullette for more information.

How a Car Accident Attorney Can Help You

richard@rgulletteinjurylaw.com (Richard Gullette) — Wed, 16 Jun 2021 16:45:02 GMT

Getting involved in a car accident is not a rare event in North America. Every single day, there are hundreds of motor vehicles in almost every city across the nation that are involved in one sort of car accident or another. Fortunately, the majority of these cases involve minor injuries and minimal damage. But at least ten percent of cases result in severe injuries that culminate in prolonged hospitalizations, loss of a job and wages, long-term rehabilitation, and, in some cases, a permanent disability. In most motor vehicle accidents, the fault is not always clear; it is always one party blaming the other for the collision.

In any case, the one question that the public usually asks is, "Should I get an attorney for a car accident?” The answer is simple; there is no law against the injured party settling the case with the insurer, but this approach usually does not work out well for most injured victims. The amount of money offered to an individual is usually trivial compared to the compensation they would get with the assistance of a car accident attorney. Unfortunately, most people get deterred from seeking legal assistance from a personal injury lawyer because of the fear of exorbitant fees; in fact, this is a myth of gigantic proportions. The reality is that many personal injury lawyers work on a contingency basis.

LAWYERS HELP INJURED VICTIMS IN MANY WAYS

How can a car accident attorney help a client involved in a motor vehicle accident?

1. Communication.

While you can speak to the insurer yourself to settle a claim, you should first know that insurers will almost always minimize your injuries, blame you for the accident, if the liability is not clear, tape your conversations, and whatever you say will be held against you when it comes to the settlement, and, most importantly, offer you the least amount of money possible for your injuries. Lawyers are fully aware of the client’s legal rights, know what to say to insurers, and know what type of compensation to demand. A personal injury lawyer can help you get the maximum amount of compensation that you deserve, including an award for any pain and suffering.

2. Proving liability.

With many motor vehicle accidents, the liability is not always clear. When the accidents occur in remote areas, on highways, and in the absence of witnesses, the two parties will usually blame each other. A personal injury lawyer has the resources to help determine liability. He or she can help access police records, speak to any others who may have been at the scene, and consult with road safety experts - all this is at no cost to the client. Furthermore, a lawyer may go back to the scene of the accident and recreate the scenario to determine what happened. A good personal injury lawyer can help determine who was at fault and help you get the compensation you deserve.

3. Totaling the damages.

An experienced personal injury lawyer has the staff to collect all your medical records, speak to your healthcare providers, and consult with medical experts to determine the total cost of your damages. Most hospital and healthcare workers respond very slowly when requests are made by the victims and often multiple requests have to be made, but when a lawyer asks for the reports, they realize the legal implications of time and priority. Lawyers know exactly what protocol to follow to ensure that all medical reports are collected promptly. Finally, the lawyers know what to ask the doctors when they make the report. To win a personal injury claim, just saying the client is injured is not adequate. The doctor has to state how the injury occurred, what most likely caused the injury, the treatment, residual disability , and prognosis. All these terms are very important when filing a personal injury claim.

4. Working with your debtors.

When you are injured as a result of a motor vehicle accident, your medical bills will start to accumulate rapidly and creditors will be after you for all sorts of bills, like your rent, lease on your car, the IRS for unpaid taxes, etc. In some cases, there may be liens placed on your property or your car. By working with a personal injury lawyer, he or she can negotiate with your creditors and either get them to lower your lien/debts and/or understand your present situation. At the same time, the lawyer will assure them that they will get paid when the case is resolved; creditors are more likely to trust the lawyer than an injured victim. This way you will not have to deal with harassing phone calls and continuous threats of a lawsuit.

5. Negotiating with the insurer.

When you have been injured due to the negligent actions of another person, then you rightly deserve compensation. But insurers will always minimize your injuries and, consequently, offer you a very low compensation. But a lawyer has great negotiating skills and knows how to deal with the insurer. An experienced lawyer will know ahead of time how much your case is worth and will conduct the negotiations in a manner that results in the maximum compensation.

6. Going to trial.

There are times when insurers will either delay giving out compensation, doubt the liability, or refuse to come to the negotiating table. In such scenarios, you need a personal injury lawyer who is not afraid to take the insurer to court. The moment a lawyer sends out a demand letter to the insurer, then the latter will quickly realize that they need to come to the table or face a trial.

Conclusion

Should I get an attorney for a car accident? A personal injury lawyer can help clients involved in motor vehicle accidents with many things, including proper medical care and support. Do not worry about the high costs of fees. Personal injury lawyers work on a contingency basis, which means they only get paid when they win the case. Therefore, you have absolutely nothing to lose by consulting with an accident lawyer.

Arizona Car Accident Laws Explained

Tue, 08 Jun 2021 15:00:27 GMT

Arizona, just like any other state, has its fair share of car accidents. According to a Department of Motor Vehicles report from 2018 , there were 127,000 vehicle accidents, of which nearly 30 percent were associated with varying degrees of bodily injury. For those who are injured and are considering file a personal injury case, the state has a unique set of Arizona car accident laws, including strict deadlines and the rule of comparative negligence.

1. The Statute of Limitations:

The Statute of Limitations in Arizona is a state law that has a strict deadline for filing a lawsuit following an injury sustained in a motor mishap. While the deadline does vary depending on the extent of bodily injury, in general, there is a two-year deadline for the filing of any civil case against another party for injuries and/or death as a result of a motor vehicle accident. This two-year clock starts to run on the day of the accident. If you are past this date by even 12 hours, the court will not hear your case. If you are injured and are considering filing a lawsuit, then consult with a personal injury lawyer ASAP. The lawyer will not only have to collect the accident report but will also need your medical report and up-to-date progress. A complaint will also need to be filed with the defendant and it may take months to reach a settlement. If the case is complex and the fault of the accident is being debated, the settlement can take even longer. Tragically, many individuals with valid cases of injury never see a penny in return, only because they filed the case late.

2. Comparative negligence:

In some car accidents, it is obvious that one driver is clearly at fault and, according to laws in Arizona regarding car accidents, that driver, through his insurer, will be responsible for the injured driver’s medical bills, damages to the vehicle, lost wages, etc. In many motor vehicle crashes, however, the fault is not always clear and it could be that both parties may be at fault. Arizona practices a “pure comparative fault” rule, where the blame following an accident is shared by both parties. In the majority of car accident cases, juries in Arizona are asked to determine the percentage of fault for each party and the monetary awards are distributed accordingly. For example, under the “pure comparative” rule, if the total damages award is $100,000 but if you are found to be at 30 percent at fault, you will only be entitled to $70,000. The Arizona comparative fault rule applies even if you are more than 50 percent responsible for the accident compared to the other driver. For example, if you are deemed to be at 80 percent fault, you will still be entitled to 20 percent of the total damages, but remember, you still have to reimburse the other party for 80 percent of the damages. In most states, if the other driver is more than 50 percent at fault, he or she is not entitled to any damage award.

3. Car insurance rules and requirements:

In Arizona, car insurance is mandatory . The owner must maintain a certain amount of liability insurance coverage to operate the vehicle legally on the state highways and city roads. This applies not only to trucks and cars but also motorcycles, golf carts, and mopeds. The minimum amount of liability car insurance required in Arizona includes the following:

$15K for a physical injury to a person’s body or death of one individual in an accident involving the driver of an insured vehicle

$30K for a total physical injury to the body or a liability resulting in death from a catastrophic event caused by a driver of an insured vehicle

$10K for property damage per accident caused by a drive of an insured vehicle

This minimum insurance coverage is to help pay for any property damage, medical bills, and other injuries to passengers and pedestrians who have their vehicles damaged or who have suffered bodily injuries. It is wise to carry more insurance than the bare minimum because once your policy limits are exhausted, you are responsible for the rest of the bills. Your liability coverage is inclusive of anyone else in the family drives your car or if you have loaned your car to someone else. This insurance will also provide coverage in case you are involved in an accident in a rental car. Finally, it is important to be aware that the liability insurance only covers the other party and not your own vehicle or bodily injuries. You will need more comprehensive insurance to cover you and your vehicle in case of an accident.

What If You Drive Without Car Insurance?

If you drive without car insurance in Arizona and are stopped by law enforcement, for whatever reason, both your driver's license and the vehicle registration will be immediately suspended. To get driving privileges restored, you will have to pay the usual fees, extra administrative penalties, and show proof of financial responsibility with the DMV. Of course, if you are driving without insurance and are involved in a car accident, rest assured the penalties are many times more severe and you will be incarcerated if anyone dies or suffers bodily injury. To get out of jail, you will need assistance from a lawyer, which will cost you even more money, and that is just the beginning of your troubles. To avoid these hassles, always have your car insured and drive safely. If you have been involved in a car accident and are injured because of the negligence of another driver, consult with a personal injury lawyer as soon as possible.

Laws in Arizona regarding car accidents are best navigated by a knowledgeable personal injury attorney. If you need to know more about Arizona car accident laws, you can trust Richard Gullette Injury Law attorneys to give you the correct answers. Call them; they are ready and available to provide assistance to you.

When to Get an Auto Collision Lawyer

richard@rgulletteinjurylaw.com (Richard Gullette) — Mon, 07 Jun 2021 16:45:02 GMT

In 2017 alone in Arizona, there were more than 127,000 motor vehicle accidents that resulted in 919 fatalities and at least 38,000 cases of bodily injuries. More than 50 percent of these cases also resulted in significant property damage. Alcohol was cited as a common cause of accidents in over 4,800 accidents. Rear-end collisions were the most common type of motor vehicle accident. Car accidents in Arizona have enormous economic costs. In 2017, the total cost for injuries, property damage, and fatal outcomes were over $10 billion. For people who are involved in a motor vehicle accident, the experience can be very frightening and anxiety-provoking. In the heat of the moment, most people are confused and have little idea what to do next. While many injuries following a motor vehicle accident are minor, there are at least 10-15 percent of the injuries that are considered to be serious or life-threatening. And the cost of healthcare for these injuries is enormous. For those who have been injured in an auto collision due to the negligent actions of another motorist, here are a few reasons when you should seek the assistance of a personal injury lawyer.

1. Serious injury:

If you have been seriously injured, are not able to work, and/or need extensive rehabilitation, then you should seek assistance from a personal injury lawyer. In many such scenarios, the insurer will minimize your injuries and offer you the lowest compensation possible. A personal injury lawyer can help you get the maximum compensation you deserve for your lost wages, any disability, medical bills, and the cost of future treatment. For example, if you are permanently injured, the insurer will only offer you one small lump sum of money. Once you agree to the terms of the insurer, you will have no recourse in case you need future medical therapy or even surgery. An experienced personal injury lawyer can help you get paid for any future health issues, pain, and suffering, and the cost of rehabilitation. Obtaining this type of compensation is nearly impossible without assistance from a personal injury lawyer.

2. Vehicle defect:

Some auto collisions may be caused by an inherent defect in the vehicle. For example, recalls for cars are not uncommon for defective parts. Recently, there have been recalls for airbags that have released shrapnel during inflation and caused injury to the driver and/or passengers. If you have been involved in a motor vehicle collision that you believe is due to the malfunction of a car part or equipment, the best people who can help you get compensated for the injuries and damage to the car are experienced auto collision lawyers. The key is to know how to file and fight a claim against the car manufacturer because auto manufacturers also have their lawyers who will deny everything and instead blame everything on the car owner.

3. Insurer rebuffs claims:

The insurer may discount your injuries or claims. It is not uncommon for insurers to discount or reject your claim, minimize the seriousness of your injuries, or even blame you for the accident. The last thing insurers want to do is pay out money, so they will do everything in their power to play games or delay the payout process. If the motor vehicle accident is not your fault and liability has been established, the best person to help you fight against the insurer is an experienced personal injury lawyer. A simple letter from auto collision lawyers demanding a settlement will immediately tell the insurer that it is time to pay up or face a trial. In most instances, when insurers receive such a letter from a lawyer, they quickly sit down and start negotiations.

4. Liability is not clear:

In some cases with motor vehicle collisions, the liability may not be obvious. In such circumstances, the insurer may even fault you, even though you may not have been fully at fault. In cases where liability is not clear, the insurer may also minimize your compensation. In such scenarios, it is best to speak to auto collision lawyers who can gather the facts, analyze the police report, speak to witnesses, and determine liability.

5. Driving under the influence or distracted driver:

If you have been involved in an auto collision caused by a drunk or a distracted driver and have been seriously injured, the best recommendation is to speak to auto collision lawyers. DUI and distracted driving are known to be associated with serious accidents and are illegal in every state. The other party is directly responsible for any damage and/or injuries; hence, to get the maximum compensation, the best suggestion is to consult with a personal injury lawyer.

Conclusion

If you have been injured in an auto collision through no fault of your own, the best way to be fully compensated is with assistance from a personal injury lawyer. You must be aware that there are statutes of limitations on filing claims and most cases require a significant amount of paperwork, including investigative work. The earlier you speak to a personal injury lawyer, the earlier the case can be resolved. At the first consultation, the lawyer can deem the merits of your case and offer you suggestions on how to proceed. The initial consultation is free. Don’t wait; if you’ve been involved in a motor vehicle accident in Arizona, call the law offices of Richard Gullette.

Personal Injury Lawsuit Process in Arizona: What to Know

Tue, 01 Jun 2021 15:02:36 GMT

The personal injury lawsuit process can be an ordeal without an experienced attorney helping guide you along. For those who have been injured as a result of an accident in Arizona and are considering available options, learn more about the personal injury lawsuit process here.

1. Statute of Limitations:

Arizona, like most other states, has a statute of limitations. This is a law that sets a time limit within which one can bring a case to court. The statute of limitations applies to all cases where an injury or death has occurred as a result of the actions of another party. This statute means that from the time of your injury, you have two years to file a lawsuit in Arizona. Often, it happens that an injury, resulting from a motor vehicle crash, will present symptoms late – that is to say, you may not necessarily I know you’ve been injured until a little time passes. In this situation, the two-year time limit will start on the day the injury was diagnosed rather than the date of the accident. But, in all other cases, if you are late filing for the personal injury case by even one day, the court will refuse to hear your case. If you are filing a case against a public employee, city, county, or the state, Arizona personal injury laws state that you have 12 months to file a formal claim from the injury date.

2. Comparative negligence rule:

Arizona follows the comparative negligence rule . For example, if you were involved in a motor vehicle accident, then the jury will hear your case and may find that you were at 30 percent at fault and the other party was at 70 percent at fault. If the total damages awarded are $200,000, then you would receive $140,000 because you were at 30percent fault.

3. Insurance companies:

Insurance companies also use the comparative negligence rule during injury settlement negotiations. Be aware that the insurance adjuster will put forward the motion that your compensation should be lowered because you were also partially at fault.

4. Auto insurance laws:

To handle auto insurance cases , Arizona utilizes the “at fault” system, meaning that if you are injured in an auto accident, you have the option to settle the claim with the insurer. If this fails, you can go to court to prove fault and collect damages. Like all U.S. states, in Arizona, it is mandatory to have the minimum liability insurance when driving on the roads. This insurance will provide compensation to an injured driver without having to seek legal action.

5. Dog bite liability:

In most states, there is a “one-bite rule,” meaning when a dog injures another person , the owner is protected to a varying degree from injury liability if he or she had every reason to believe that the dog was not dangerous. However, in Arizona, the one-bite rule is not practiced, and the owner is strictly liable for any dog bite injury, irrespective of the dog's past behavior.

6. Damages Caps:

Many states have a cap on damages that can be awarded to an injured person. The amount of capped award does vary and applies to many types of injuries. However, in Arizona, there are no caps on damages for personal injury cases . This means that juries are at liberty to award large sums of money for personal injury cases. Damages can also be awarded for emotional distress, pain, and suffering.

The Lawsuit Process

In Arizona, there are certain rules and regulations that one has to abide by when understanding the personal injury law process. Each step has to be properly executed or the case can be dismissed. Below are the general steps that are taken to abide by Arizona personal injury laws:

File a complaint with the court;
Issue a complaint to the defendant, which the latter must answer within a set period of time;
Once the complaint has been answered, both parties need to file an initial disclosure statement and exchange the relevant information to ensure that the trial will be fairly conducted;
To strengthen the case, each party can use several types of discovery to bolster their case. This may include depositions, request for more documents, interrogatories, etc.;
A motion for a trial will be issued, but if the case is valued at less than $50K, the case must go through arbitration before trial; and
If the case goes to trial, the judge or jury may decide on the case and the amount of damages that will be awarded to the plaintiff.

Conclusion

If you have been injured by the negligent actions of another individual and would like to file a lawsuit, the best advice is to first consult with a personal injury lawyer to determine if your case has merit. The first consultation is free and you may ask any questions you like. For personal injury lawsuits, lawyers work on a contingency basis, meaning you only pay when you win. The important thing is to seek an experienced personal injury lawyer who is not afraid to go to trial, but at the same time, is also willing to settle if the compensation is fair. Contact Richard Gullette Law today to find an experienced attorney.

Top 12 Causes for Car Accidents in Arizona

Tue, 25 May 2021 13:47:34 GMT

Each year, there are roughly 130,000 car accidents in Arizona , resulting in close to 40,000 injuries. This amounts to 110 people injured every single day. Despite strict traffic laws and public education, the number of car vehicle accidents has not declined. Car accidents in Arizona are not benign events and often lead to serious bodily injuries, property damage, and emotional scars. Worse, the people who are injured often face astronomical medical bills and a long road to recovery. In the majority of motor vehicle mishaps, the cause is human error. Even if you are a safe and diligent driver, you have no control over how others drive on the road. Below is a list of the common causes of car accidents in the State of Arizona.

1. Distracted driving

Distracted diving is now the number one cause of vehicle accidents on Arizona roads and highways. Drivers may be distracted due to eating while driving, speaking to other passengers, looking for something in the car, personal grooming, reading, and, most importantly, texting. The use of the smartphone is often cited as the number one cause of distracted driving in Arizona.

2. Drunk driving

Drunk Driving is one of the deadliest causes of car accidents in Arizona. Despite heavy penalties, people still drive drunk. Alcohol is known to impair judgment, reduce the ability to focus, and more importantly, slows down reaction times. Accidents involving drunk drivers often lead to severe injuries and death.

3. Speeding

Speeding continues to be a major cause of car accidents in Arizona. On any given day, countless drivers speed both on urban and rural roads. Even though fines for speeding have increased, many drivers simply ignore the speed limits to their own detriment and the safety of others.

4. Reckless driving

Reckless driving, especially among younger drivers, is also fast becoming a common cause of accidents. Driving aggressively often leads to accidents that are associated with serious bodily injuries. To make matters worse, reckless driving often occurs in local communities and inner cities where there is heavy traffic which increases the risk of collisions.

5. Weather

Even though Arizona is dry, sometimes heavy rains occur during late summer and the fall which can cause treacherous and slippery road conditions. The heavy rains can also impair visibility, as can dust storms that can blow through Arizona. The best advice is to pull over until the weather improves.

6. Violating traffic laws

A common cause of accidents is not obeying traffic signs. Running red lights, making unsafe left turns, or illegal turns are common causes of accidents in Arizona. Often these drivers are speeding, which also increases the seriousness of car accidents, as mentioned previously.

7. Poorly maintained vehicles

Poorly maintained vehicles is another in the list of causes of car accidents. Driving vehicles that have not been well maintained, have brake or suspension problems, bald ties, non-functioning lights, etc., can also lead to accidents. Almost daily, law enforcement officers have to tow non-roadworthy cars because they are a danger to the public.

8. Tailgating

Tailgating is a common site on Arizona highways, but it is a very dangerous habit. If the driver in front has to brake suddenly or deal with an emergency, there is little time for the tailgater to move out of harm's way. The resulting accidents can be very serious, resulting in severe property damage and bodily injuries. The tragic thing is that some drivers tailgate at high speeds behind larger vehicles, such as trucks, and the resulting collisions frequently result in death.

9. Teenage drivers

Teenage drivers are high-risk drivers. Many of these young drivers do not have the experience, know what to do in unsafe conditions, or fail to anticipate the actions of other people on the road. The best way to reduce the risk of accidents among teenagers is to have them take a defensive driving course. At the same time, teenagers should not be allowed to drive with a smartphone and only be given permission to carry no more than one or two passengers.

10. Drug use

Like alcohol, there are many drugs (both illicit and prescription) that can impair the ability to drive. Many of these drugs cause sedation, lethargy, and confusion, which can increase the risk of an accident. If you are on any prescription medications, speak to your doctor to see if you are at higher risk of being impaired when driving. Finally, never combine alcohol with illicit drugs as the risk of accidents is exponentially increased.

11. Animals

Arizona is rich in wildlife but often these animals can suddenly wander onto the highways and cause accidents. Even a small raccoon can cause serious damage to a car. In many cases, the accident occurs because the driver swerves to avoid hitting the animal; this action can cause the car to run down a hillside, collide with another car, or slide into the other side of the road.

12. Road construction

A significant number of car accidents occur at road construction sites despite the signage warning drivers ahead of time. Drivers need to slow down in areas of road construction to avoid hitting workers and also heavy equipment.

Conclusion

Driving is a privilege, and one should enjoy it and not take it for granted. Laws are in place for safety reasons. If you want to arrive at your destination safely, be a safe driver, wear your seat belt, and never drive drunk. By being proactive and avoiding all distractions, you can significantly lower the risk of a car accident. If you have been involved in a car accident in Arizona , contact Richard Gullette law to learn more about Arizona laws.

10 Benefits of Hiring a Personal Injury Lawyer

Mon, 17 May 2021 12:09:42 GMT

Following an injury due to the negligence of others, many people wonder: Is it worth hiring a personal injury attorney, or should they try and get compensation on their own?

In general, the legal world of personal injury is complex; not only are there deadlines to be met for filing a claim, but evidence also has to be collected, specific forms need to be filled, one has to know how to present the case, and finally one must have the ability to negotiate. For example, if you were bitten by a neighbor’s unleashed dog and required medical care, you need to know how to file a claim, what to state in the report, and how much compensation for which to ask. Further, if the opposing party refuses to pay you any money or offers you only a small amount of money, what do you do next? Plus, there are statutes of limitations on filing personal injury cases and if you are late even by one day, the case is thrown out. So unless you have some legal background, it is not recommended that you fight your own personal injury case since more likely than not, you will not receive a fair settlement.

Overall there are many benefits to hiring a personal injury attorney and they include the following:

1. Dealing with the insurer

The first thing to remember is that all insurers will minimize your injuries and, secondly, offer only to reimburse a very small amount of money or they may even reject your claim. Plus, insurers will play the time game and delay giving out the money in the hope that you lose interest. To stand up to the insurer , the best person is a seasoned personal injury lawyer. These professionals know how insurers play the game and once they receive a letter saying that the case may go to trial, insurers quickly realize that this is serious business. They will then perhaps agree to negotiate and/or offer a better compensation deal.

2. Assess your case

For example, you may have suffered a drug reaction and feel that you have a strong case against the pharmacist. In reality, you cannot pursue all personal injuries in court. The drug reaction may just be a case of bad luck and not be intentional. The one way to know the strength of your case and prevent wasting time is to consult with an attorney. He or she can evaluate your case and determine if it is worth filing a lawsuit.

3. Law knowledge

Lawyers know the legal system and how it works. If you go on your own, you will first have to read about the legal system, know what forms need to be completed, and where to file your case. If you go with an experienced lawyer, this will save you an enormous amount of time and frustration.

4. Saving time

Filing a personal injury claim requires time and labor. The amount of paperwork is enormous, and the paperwork can be confusing. The exact form has to be submitted within a certain period of time. You will need to collect all the medical reports and speak to the police if the incident involved a car accident. This is all very time-consuming, and you can easily miss the deadline for filing a claim. An experienced personal injury lawyer will know what forms to file, the deadlines, and where to file, which can save both time and money.

5. There is no fee

There is no fee. The majority of personal injury lawyers work on a contingency fee basis. This means they do not get paid unless you win a settlement. You have nothing to lose by hiring a personal injury attorney.

6. Finding an alternative way

Most injured victims think that going to trial is the only way to settle a case. A lawyer may suggest alternative ways, which may be more productive and faster, such as mediation or arbitration. This can save court costs and valuable time.

7. Pain and emotional suffering

In some cases of personal injury, you can even be awarded money for pain and emotional suffering following an injury. But most people have no idea how much to ask the courts or insurers for this type of suffering and what evidence is needed. An experienced personal injury lawyer can help you through this process at no extra cost.

8. Get the maximum compensation

When you get injured, rest assured the insurer will call you and offer to settle the case. But in the vast majority of cases, the amount offered is minuscule compared to what you can get if you go with a lawyer. Insurers always settle for a minimal amount. For example, you may be involved in a car accident and suffer a broken pelvis. The insurer may only offer the cost of fixing the fracture and nothing for rehabilitation, lost wages, or time off work. A personal injury lawyer can help you get the maximum compensation you deserve.

9. Connect to experts

When you have an injury, invariably the other party or insurer will question the extent, severity, and need for treatment. If you consult with a personal injury attorney, he or she will usually have access to a team of medical experts who will be able to determine your injury and counter what the insurers may be saying. This can help build a strong and water-tight case for you, with a good chance of winning.

10. Get a bigger settlement

In general, injured people who consult with personal injury lawyers tend to be awarded bigger settlements than those who go it alone. The reason is that lawyers will fight for you and, more importantly, they are not afraid to take the case to trial if they deem the case is airtight and/or the insurer is playing hardball.

If you have been injured due to the negligent actions of another person or party, then the best way to get maximally compensated for your injuries is by hiring a personal injury attorney. Is it worth hiring a personal injury attorney? These professionals usually offer a free initial consultation to determine the merits of your case, and that means you have nothing to lose.

10 Questions to Ask an Accident Attorney

Mon, 10 May 2021 12:18:50 GMT

There is no question about it -- there are way too many lawyers in every city and town in the USA. While some are exceptional, others are average. For those victims who have been injured as a result of the negligent actions of another person in Arizona, it is difficult to know which accident attorney in Arizona to select. In cyberspace, many lawyers have great websites, appear well dressed, and have a wealth of legal information for the public. So how does one select a lawyer? For consumers, it is important not to be seduced by fancy websites; the key is to meet the lawyer and ask the right questions to determine if he or she will meet your needs. If you have selected an accident attorney in Arizona for your injury case, here is a list of questions that you should always ask:

1. What are your credentials?

Besides lawyers, some paralegals offer legal services. Ideally, you want someone with a degree in law from a bona fide college or university. Also, you should ask if the individual has passed his or her bar exams.

2. What is your experience?

Like many other professions, having solid experience is important. Personal injury is a broad term that includes medical malpractice, dog bites , motor vehicle accident , slips and falls, assault and battery, and much more. The majority of personal injury lawyers specialize in one or more of these injuries but never all of them. For example, if you have suffered a serious complication at the hands of a surgeon, then ideally you want a personal injury lawyer who specializes in medical malpractice cases. You do not necessarily want a lawyer fresh out of law school dealing with your case. You want someone who has good experience, has been in the legal system for at least 3-5 years and is familiar with the type of case that you are presenting.

3. What are your fees?

Most people believe that hiring a personal injury lawyer is associated with enormous fees. In reality, personal injury lawyers usually offer a free initial consultation to determine the merits of your case. If he or she decides to accept the case, then the payment will be based on a contingency fee ; this means they only get paid when you win the case.

4. Will the case go to trial?

Most people believe that all personal injury cases go to trial; fortunately, the majority are resolved out of court through negotiations. This not only saves money but is a much faster process. Both parties meet under the supervision of a negotiator and work out the differences. In the end, a mutually acceptable decision is reached, including the amount of compensation.

5. How long does it take to resolve a case?

Most people who are injured would like to know when the case will be resolved. This is not an easy question to answer and the resolution of each case varies. In general, even the simplest case can take a few weeks or months; more complex cases that require negotiations may take 6-9 months and those that go to court can even take 1-2 years.

6. How much compensation will I receive?

In general, it is difficult to predict exactly how much money you will receive as a result of your injuries. During negotiations or a trial, many things can happen that can affect the ultimate compensation you receive. When an attorney quotes you a number, the key is to compare it to what other attorneys have stated. If one attorney over-promises, then he or she is not the lawyer you want.

7. Will you be solely responsible for working on my case?

In most cases, personal injury lawyers delegate different aspects of the case to other people in the office to increase efficiency. Medical records and police records have to be collected, expert witnesses have to be called, forms have to be filed, and so on. At the end of the day, the attorney will be in charge, but the work will be shared among the other staff.

8. How and when is the payment made?

For example, once the case is settled, then the money is divided according to your contract with the lawyer. For example, if you are awarded $200,000 for your injuries, first the administrative and/or court fees are deducted. If the court fees are $20,000, then you will have $180,000 remaining. If the lawyer's contingency fees are 20%, then the lawyers will get paid $36K and you will get the rest of the money.

9. What happens if I do not win my case?

There is always the possibility that you may not win your case but there are still court and administrative fees that need to be paid. Depending on your contract with the lawyer, he or she may absorb these fees. However, if you are financially able to absorb these fees, then you may be able to find a personal injury lawyer who will have smaller contingency fees; this means you will receive the lion's share of the award when you win.

10. Do you have trial experience?

You should always ask this question just in case the issue does indeed end up going to trial. You want an attorney to be experienced in dealing with court cases and how to prepare you in case you are a witness. In general, winning a court case has a lot to do with attorney experience. Even if there is a good chance that your case will be settled out of court, you want to select an attorney who is not afraid to go to trial.

Conclusion

If you have been injured and wish to seek the services of a personal injury lawyer, make a checklist of questions that you would like answered. You want to select a lawyer who can answer the questions to your satisfaction and make you feel comfortable. At the end of the day, you should feel confident that you have selected the right professional.

When to Call a Personal Injury Lawyer

Fri, 07 May 2021 20:28:16 GMT

We live in a very fast-paced and busy world. Unlike the past, the risk of getting injured is many times higher today than ever before. The roads are congested with vehicles, and to make matters worse, people not only drive faster but many also text at the same time.

There are multiple reasons why you might need a personal injury lawyer . Each year, there are close to 4.5 million dog bites in the U.S. Many homeowners never clean their sidewalks of ice, debris, and other obstructions, which increases the risk of falls. Even going to a hospital is deemed risky as surgeons may leave instruments behind, operate on the wrong side of the body, or the pharmacist may dispense the wrong drug or wrong dose. Each year, millions of people are harmed by the negligent actions of others and most of them have no idea what to do next.

Should you settle the injury-related compensation on your own or should you contact a personal injury lawyer? And when should you contact a this lawyer? The option of when to call a personal injury attorney depends on the following factors:

1. The Severity of the Injury

Calling a personal injury lawyer for all injuries is not realistic. Most minor injuries can be settled by the victim and defendant out of court. However, if your injury is serious and results in admission to a hospital, requires surgery, and/or months of rehabilitation, then you should call a lawyer who can have medical experts deem your recovery time and potential for any future problems. The best way to get the maximum compensation for lost wages, disability, and pain and suffering is to consult with a lawyer as quickly as possible.

2. Who Caused the Injury

Before you pick up the phone and call a lawyer, the first thing you need to know is who caused the injury. While some cases are straightforward, many are not. For example, you go in for surgery and develop a complication. This does not automatically mean that the surgeon was negligent; the complication may have been part of the risk of the surgery. Or if you venture into your neighbor’s yard to retrieve a ball and get bitten by his dog , then you are at fault and not the neighbor. In all personal injury cases, it is important to show to the jury that your injuries were due to the negligent actions of the other party. If you are faced with a scenario where there is a dispute as to who is at fault, then get assistance from a lawyer who can review your case.

3. Preserving Evidence

The key to any personal injury case is maintaining the evidence. If you delay in contacting a personal injury lawyer, the other party may destroy the evidence or the evidence may get lost. Thus, this is another reason to get in touch with an attorney very early so that he or she can ensure that the evidence is preserved.

4. Deadlines

In every state, there is a statute of limitations on filing a personal injury case. The average person may have no idea when the statute of limitation starts and ends. If you are late by even one day, your case will be dismissed. Thus, if you have been injured, it is highly recommended that you contact a personal injury attorney so that you do not miss the deadline for filing the case.

5. Is the Insurer Delaying or Refusing to Compensate

In some cases, even if you have a bona fide claim with no dispute about liability, the insurer will either intentionally delay the compensation or refuse to accept the validity of your injuries. Such delaying tactics are common among insurers in the hope that the victim will just give up. If you are facing such a dilemma, then you need to call a personal injury lawyer. These professionals are fully aware of “bad faith” practices of insurers and can quickly remedy the situation with a stern letter indicating the possibility of a lawsuit.

6. Did You Get Called by the Insurer

Following an injury, insurers rarely call the victims; it is always the other way round. But if an insurer calls you up, this is an indication that they are fully aware of the seriousness of your injury and the fault. They would prefer to settle the compensation with you as soon as possible. As well, insurers will often record all the conversations and anything you say can be held against you when it comes time for the compensation. However, be forewarned; if you have a chronic injury resulting in a disability or you develop chronic pain, once you have settled with the insurer, all the medical bills will come out of your pocket. You have no other recourse. Insurers always want to quickly settle for acute injuries for a minimal amount and rarely consider long-term outcomes.

7. Liability Dispute

While the fault of some motor vehicle accidents is clear, insurers will almost always dispute who caused the crash in order not to compensate. Sometimes even in the face of clear evidence, plus a police report, insurers will state that the victim has no valid claim. Or, in some cases, they may place a very low monetary value on the damages. If you are not at fault and the insurer is playing hardball, the best advice is to call a personal injury lawyer. The lawyer can quickly assess the evidence to prove liability and tell the insurers that it can either settle or go to trial.

8. Do You Have the Legal Know-How

Some people believe that they can fight for their own case and negotiate compensation. While this may be true of people who have some knowledge of the legal system, the vast majority of the public has little idea how the legal system functions. Also, there are deadlines to be met, specific forms to be filled, and evidence to be collected. Getting the right amount of compensation also requires good negotiating skills. Finally, many personal injury cases are not simple and often require assistance from other experts. For example, if your father went for elective day surgery and suffers cardiac arrest on the operating room table, the only way to find out what happened is to have medical experts review the case to prove claims of negligence. Similarly, if you were involved in a motor vehicle accident at a four-way stop, each party may blame the other. Again, this involves interviewing all the witnesses, analyzing the accident scene, and talking to traffic experts. These cases require an enormous amount of time and investment. Experts need to be paid for their testimony. Most lay people would not be able to conduct such investigations. Since lawyers deal with similar claims regularly, they not only have access to the medical experts they also have the economic means to finance such investigations to help bolster your claim. As well, the personal injury lawyer can consult with an actuary to help determine all the economic and non-economic losses that you may have suffered. In the majority of cases, insurers rarely compensate for non-economic losses like pain and suffering. Therefore, to recover all your monetary losses, as well as the possible cost of future medical care, you need to call a personal injury lawyer.

9. Expensive Lawyers

One very common reason why injured victims do not seek assistance from lawyers is the fear of high fees. The reality is that the majority of personal injury attorneys offer an initial free consultation to determine the merits of your case and even when they accept the case, they do it on a contingency basis; this means that they only get paid if you win or settle out of court. The contingency fee is based on a percentage of the money awarded to you.

Conclusion

Suffering an injury due to the negligent actions of others is an unpleasant experience. If you have experienced any injury due to someone else’s negligence, the best way to win the maximum amount of compensation is to call a personal injury lawyer. However, you need to know that there is a statute of limitations on filing a lawsuit and the process is time-consuming as it requires collecting all the evidence. When should you contact a personal injury lawyer? The earlier you speak to a lawyer, the faster you can reach a settlement.