Posts tagged ‘car accident’

October 19, 2013

Texting While Driving in Arizona

Though the dangers of texting and driving are now well known and firmly established, and despite the introduction of several bills geared towards formally banning texting while behind the wheel, Arizona remains one of nine states that has yet to adopt a formal texting while driving ban. While the issue of whether or not such a ban is appropriate continues to be debated, the lack of a formal ban on texting and driving does not necessarily absolve a driver of any liability should texting lead to an accident, thanks to Arizona’s statutes regarding reckless driving.

Current Arizona reckless driving statutes state that an individual is guilty of reckless driving if they operate a vehicle “in reckless disregard for the safety of persons or property.” Those convicted of reckless driving are guilty of a class 2 misdemeanor, and, if certain aggravating factors apply, a conviction could result in a jail sentence.

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May 10, 2012

You’ve Decided to Hire an Attorney for your Personal Injury… Now what?

You’ve been injured in an accident. You’ve met with an attorney, who has decided to represent you. Now what?

The process of recovery for a personal injury is necessarily drawn out in many cases. There is a great deal of fact-finding and information gathering required before a settlement can be discussed. Generally, an attorney will consider certain factors and information when determining the merit of a particular case and a ball park of what amount the injured party may be able to recover as some form of relief.

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May 31, 2011

How to Recover from an Accident against an Uninsured Party

In Arizona, as in most states, car insurance is mandatory. Despite this fact, however, some motorists are still uninsured. If you find yourself in a car accident where the other party is uninsured, there are still ways you may recover money for your damages.

First of all, even if the other driver is uninsured, you may sue the other party for damages. If the other party is liable, you are entitled to recover money for your medical bills, vehicular damage, lost wages at work, pain and suffering, and more. If you are unsuccessful at suing the other party, or if the other party is effectively “judgment-proof,” meaning they have no assets or employment against which you may recover, the next step you may take is to recover against your own insurance.

Many car insurance policies have an “uninsured motorist” clause. This provision provides people with car insurance the ability to recover against their own policy for damages caused by an uninsured motorist. These provisions usually have a cap and may require certain documentation to ensure recovery.

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March 8, 2011

Personal Injury FAQ’s

Why should I hire a lawyer for my personal injury?

For many small injury claims, injured parties may settle the matter themselves by reaching a settlement with the at-fault party’s insurance company. For many matters, however, the issue of which party is “at fault” is not cut-and-dry. By hiring an attorney, you have a better chance of recovery for issues where the insurance company will not admit fault. Additionally, often insurance companies are more likely to offer reasonable settlements when attorneys are involved, because if a settlement cannot be reached the attorney may file a Complaint against the company. Usually insurance companies try to avoid litigating claims because the litigation process can be time-consuming and expensive. There is a higher chance of the claim being litigated when an attorney is involved, and for that reason insurance companies are at times more likely to offer settlement to attorney-represented parties.

How much will an attorney cost me?

Attorneys generally charge contingency fees for personal injury matters. What this means is that you won’t have to put any money down up front, and the attorney will only recover if you recover. Generally an attorney will charge a percentage of the cost recovered (usually about 1/3 the recovery amount, with some exceptions). Because attorneys typically charge contingency fees for personal injury matters, an attorney will only take a case if he or she is confident that he or she will be able to recover an amount for you. You should seek representation from an attorney who is familiar with the claims process. While no one can guarantee a successful recovery, attorneys who are familiar with the personal injury process can assess whether or not you have a valid chance for recovery. The associates at The Carroll Law Firm, PLC will sit down with you and discuss whether you have a strong case and chance for recovery.

What steps should I take once I have been injured?

First, make sure you receive any medical care necessary. Next, you should document as much of the incident as possible. The more documentation that you have regarding the incident, the stronger claim you have against the other party or the other party’s insurance company. To make sure you get proper documentation, there are several steps you may take. You should call the police department right away, especially if there has been a serious injury, but also if you were in a small “fender-bender” accident. If the injury occurred on a company’s property, contact the company’s human resources department and document a claim with their office. If possible, take photographs and ask any witnesses to write down statements of what occurred at the time of the accident.

In addition to this documentation, you should also call your attorney right away and explain the situation.
How soon after I have been injured do I have to file a lawsuit?

Each state has time limits on how long after an injury a person can file a lawsuit. This time period is referred to as a “Statute of Limitations.” The Statute of Limitations differs between both type of matter and state where the matter occurred. For most common injuries in Arizona, the injured party has up to two years to file a lawsuit. The injured party generally has a better chance when filing the claim sooner after the accident than later, however, because as time elapses it may be harder to obtain evidence in favor of one’s claim.

My loved one was fatally injured in an accident; can I recover on my loved one’s behalf?

In cases where someone was fatally injured, the deceased person’s surviving relatives, dependents, or beneficiaries may bring suit against the responsible party or parties, seeking monetary damages for their losses. These cases are commonly referred to as “wrongful death” cases. The types and amount of damages that may be recovered vary depending on the circumstances of the specific circumstances surrounding the death. While no amount of monetary damages can ever replace the loss of a loved one, the attorneys at The Carroll Law Firm, PLC will sit down with you and discuss the process of seeking recovery in a wrongful death matter.