A car accident can be traumatic.  Often it is difficult to think clearly.  The most important thing to remember is that you will need the other person’s insurance card and contact information.  Make sure the names match.  Sometimes people are driving another person’s vehicle.  If that is the case, you will want to make sure you have the owner’s contact information as well.  If you are on private property the police will usually not show up.  If that is the case, you may want to draw a diagram of how the accident happened.   If anyone offers to serve as a witness to the case, be sure and write their contact information down as well.

Clients always want to know when their case will settle.  Most all cases settle sometime before trial.  From the time a lawsuit is filed until it is heard by a jury can vary by location.  In Maricopa County, usually you can get a jury trial within two years of filing the lawsuit.  If the case does not reach a settlement prior to filing a lawsuit, the next best opportunity for settlement is typically after the depositions have been taken.   The depositions give the lawyers a chance to put a face to a name and see what kind of witness you will make at trial.  I have had several cases settle within weeks of depositions.

Arizona has a strict liability dog bite statute.  If you are walking down the street and your neighbor’s dog runs up and attacks you, your neighbor will be held strictly liable.   Strict liability means you will not have to prove negligence; your neighbor is at fault without any real defense available.  All you will have to do is prove your damages.  Strict liability can be applied to the owner or caregiver of the animal.

Arizona has a problem with unisnsured drivers.  We often meet with people who have been severely damaged by individuals who either do not have enough insurance coverage or do not have any insurance coverage.  Your insurance carrier will offer uninsured/underinsured motorist coverage for your policy.  It is important to carry this type of coverage.   These coverages supplement the amount of insurance available when someone without coverage, or with too little coverage, hits you.

Our clients routinely have their depositions taken.  This can be a very stressful occasion.  You will sit across from the opposing attorney and next to the court reporter.  The opposing lawyer can ask you questions for several hours.   The questions relate to your work, education, and personal background, the facts surrounding the lawsuit, your injuries, treatment, and recovery.  This can be the earliest opportunity to describe your case in your own words.   Your lawyer will sit next to you, but will say very little as they are limited to only certain objections for the record.   Often times the case will have its first opportunity to settle following your deposition.

Insurance companies spend a lot of money on drafting insurance contracts.  The language is drafted very carefully so as to limit liability.  I represented a man years ago who purchased several life insurance policies from the same insurance company.  Each policy contained an “Accelerated Rider.”  These AR’s provided for early payment of benefits when the insured receives a terminal diagnosis.   When my client received such a diagnosis, he immediately applied for the accelerated benefits.  The company was willing to pay policy benefits on one policy but not the others. 

We challanged the insurance company’s interpretation of their contract language and ultimately prevailed.  The law in Arizona takes into consideration the insured’s reasonable interpreation of the policy language.  Next time your carrier tells you there is no coverage under the policy, you may want to seek a second opinion.

There are three primary ways attorneys are paid.  First, the dreaded billable hour.  Every minute your attorney thinks about your case translates into a bill you must pay.  Rates can range from expensive to really expensive and a lawyer’s bill can grow quickly when litigating a case.  Second, flat billing rates.  These rates are negotiated up front with the lawyer.  Typically, this method for paying an attorney is employed in matters involving the creation of documents, estate planning, perhaps some criminal matters.  Finally, the wonderful contingency fee.  This fee arrangment is a win/win solution for lawyer and client.  Client is not risking any money, lawyer must earn payment by obtaining a positive result…everyone is happy in the end.   Unfortunately, not all cases qualify to be handled on a contingency basis.  If you have a case involving an insurance company, more than likely you have a contingency case.