Author: Hirsch & Lyon Accident Law

How to Calculate Your Potential Damages for a Phoenix Accident Claim

If you have been injured in an accident due to the fault of another, you may be entitled to sue and recover damages under Arizona law.  Plaintiffs often forego pursuing litigation, primarily because they are uncertain about whether it is worthwhile to go through the effort for a small recovery. Until you consult a qualified Phoenix accident attorney about the case, you will not have an accurate appraisal of the damages.  We therefore encourage you to contact Hirsch & Lyon for a case evaluation so you can learn more. For now, let’s explore some of damages typical of a personal injury dispute. Identifying Losses and Gathering Evidence In the context of personal injury, your losses are likely to vary significantly on a case-by-case basis.  For example, if you suffer injuries in a car accident that are not “catastrophic” and you are able to return to your career after a few months without any significant impairments in your ability to perform your job responsibilities, then you may have a significant damages claim for wage loss accounting for those few months of being unable to work, but not for the loss of earning capacity, as your earning capacity was not, in fact, diminished. Depending on the circumstances surrounding the accident and subsequent injuries, your losses may include the following: Medical Expenses In the wake of an accident, injured plaintiffs may recover for all their health-related expenses, including doctor visits, prescription drugs, diagnostic exams, counselor appointments, chiropractic exams, physical therapy, occupational therapy, and […]

Author: Hirsch & Lyon Accident Law

Top 5 Mistakes You Can Make After a Phoenix Car Accident

Car accident lawsuits appear straightforward to those who are unfamiliar with the litigation process — and in some cases, naturally, the “legal” issues are relatively straightforward.  What many plaintiffs do not realize, however, is the various ways in which one’s injury claims can be undermined and weakened by one’s actions in the wake of an accident.  Seemingly minor decisions can have disastrous consequences. We’ve tallied up five mistakes commonly made after a car accident.  If you’ve been in a car accident and are intending to pursue a claim for damages, contact a skilled Phoenix car accident attorney and be careful to avoid making these mistakes! 1) Failing to Secure Medical Care Securing timely and adequate medical care is critical.  If you have been injured, you should actively seek out medical care necessary to treat whatever symptoms you have.  Even if you are not expressing any symptoms, you should make an appointment with a physician and have diagnostic tests performed.  In some cases, the injury may be pernicious and undetectable except with advanced medical equipment. Failure to secure medical care in a timely manner could weaken your claim and lead to difficulties, as the defendant may argue that they are not responsible for your injuries (i.e., that the injuries developed due to your delay), and that your delay is proof that any injuries they caused were not serious. 2) Waiting to Seek the Assistance of a Phoenix Car Accident Attorney Seeking the assistance of a qualified attorney is not only important […]

Author: Hirsch & Lyon Accident Law

How to Tell if the Insurance Company is Giving You the Runaround for Your Motor Vehicle Accident Claim

Insurance companies are fundamentally opposed to their policyholders.  Though pernicious advertising has sold insurance companies as “allies,” the truth is quite a bit different from the marketed fantasy.  Our Phoenix personal injury lawyer knows that insurance companies benefit when they take a position that is adverse to claimants.  When legitimate claimants are denied coverage, paid out less than expected, or choose not to pursue their claims, then the insurance company gets to keep money that they would have otherwise been required to hand-over to the policyholder. Given this dynamic, insurance companies are incentivized to act (in sometimes devious ways) so that they can avoid having to payout legitimate claims, or at the very least, to reduce the amount they have to payout. Fortunately, the law shields policyholders.  Insurance companies have a duty to act in good faith towards their policyholders, and that duty is broadly applicable — if your insurer fails to act responsively (with respect to your accident claim), loses important documentation, or has made an adverse decision on your claim without proper justification, then you may have an actionable bad faith claim against them for damages. So, how can you tell that if an insurance company is giving you the runaround on your motor vehicle accident claim?  Let’s take a look at some common tactics utilized by insurance companies. Active Investigation of Your Claim When an insurance company communicates to you that they are actively investigating the claim at-issue, then there is a high likelihood that they are […]

Author: Hirsch & Lyon Accident Law

Why You Need to Seek Medical Help After a Phoenix Accident

Have you been injured in an accident in Phoenix — or elsewhere in Arizona — due to the negligence or wrongful misconduct of another party?  If so, the law may give you a right of action against the defendant for damages.  The decisions you make in the wake of that accident can have enormous consequences for your later injury claims against the liable defendant, however. Even if you choose to pursue claims against the defendants, it’s important that you prioritize full and adequate medical care.  Failure to secure such care could undermine your overall legal argument and reduce the potential damages significantly. Contact our Phoenix accident attorney today to discuss the particulars of your situation. Let’s take a closer look. Consequences of a Delay or Failure to Follow-Through on Medical Care In Arizona, and in every other jurisdiction in the country, our Phoenix accident attorney knows that a plaintiff’s inability to secure timely medical care (and to follow-through on medical care) could have a substantial negative impact on the success of their injury claims.  Consequences include, but are not necessarily limited to, the following: The defendant attacks your legitimacy as a plaintiff (i.e., claiming that your injuries were not serious enough, or else you would not have been lax about medical care) Difficulties in separating the foreseeable, accident-related injuries from the injuries that were caused by the lack of immediate and comprehensive medical care Uncertainties as to the damage calculation Statute of limitations deadline issues in the event that you […]

Author: Hirsch & Lyon Accident Law

Car Owners Have a Responsibility to Maintain Their Vehicles

Experienced Car Accident Lawyer in Phoenix, AZ Many car accidents are not caused by immediate driver negligence (i.e., distracted driving), but instead by system issues, such as malfunctioning brakes.  In such cases, though it may seem that the driver or owner is not responsible, that is not necessarily true. Cars must be properly maintained by their owners, lest they develop issues that could expose others to an unreasonable risk of injury.  Owners must adhere to this duty.  Failure to properly maintain a vehicle — when it contributes to an accident — entitles the injured car accident plaintiff to compensation under Arizona law. Questions?  Contact us at Hirsch & Lyon to learn more about how we can help. Owners Tend to Shift the Burden of Responsibility How parties act during personal injury litigation can be confusing for first-time plaintiffs, but in truth, one must consider that the defendant(s) are acting in accordance with their “survival instinct.”  Unless you can clearly establish that the defendant is not only liable, but liable to the specific degree that you are asserting, their instinct will be to minimize or avoid that liability by shifting the burden to another party — in the car accident context, that burden-shifting may be from the vehicle owner towards the mechanic shop. For example, suppose that you are injured when the defendant’s front tire suddenly blows out, causing them to lose control of their vehicle and slam into yours.  You sustain significant injuries as a result.  In the ensuing litigation, […]

Author: Hirsch & Lyon Accident Law

Liability for Damages Caused by Unsecured Cargo

Experienced Truck Accident Attorney in Phoenix, AZ Unsecured and improperly secured cargo loads are a significant contributor to truck accidents in Arizona, and throughout the United States.  According to a study conducted by the AAA Foundation, between 2011 and 2014, a failure to properly secure loads led to more than 200,000 crashes, 39,000 injuries, and 500 deaths. If you have sustained injuries in a truck accident that was caused by an unsecured or improperly secured cargo load, then Arizona law may entitle you to compensation.  Contact us at Hirsch & Lyon to learn more about how we can help. Risks Posed by Unsecured Cargo Unsecured and improperly secured cargo on trucks pose major accident risks to others on the roadway, including but not limited to: Heightened probability of a rollover accident Reduced maneuverability of truck Unexpected and inconsistent impact on maneuverability of truck Danger of loose cargo exiting the truck and colliding with others Multiple Liability Sources When litigating a truck accident dispute centered around the damages caused by unsecured or improperly secured cargo, you may be faced with significant challenges (and opportunities) due to the nature of the accident — simply put, responsibility for an unsecured or improperly secured cargo load does not typically rest on the shoulders of a single defendant.  In fact, there may be multiple defendants on whom liability can be imposed: Drivers and their employers Cargo loaders and their employers How does this work in real-world terms?  Consider the following example. Suppose that you are […]

Author: Hirsch & Lyon Accident Law

Motorcycle Passengers: A Brief Look at Liability Under Arizona Law

Skilled Motorcycle Accident Attorneys in Phoenix, AZ Motorcycle operators and passengers face significant risks on Arizona roadways.  According to the Department of Public Safety, in 2016 alone there were 792 motorcycle collisions in the state, and 32 of them fatal. Passengers who have been subjected to an unreasonable risk of injury have a right to recover compensation for the harm they suffered.  Successfully litigating the claim requires skilled advocacy.  Contact Hirsch & Lyon for assistance. Specific Prohibitions and Requirements Involving Motorcycle Passengers in Arizona Arizona law features a number of prohibitions that could impact your injury claims against the motorcycle operator: Passengers must wear a helmet if they are below the age of 18 (though it’s important that you wear a helmet regardless, as the defendant is likely to argue that a failure to do so constitutes contributory negligence); Passengers cannot ride with motorcycle operators who only have their permit, and not a license; and Motorcycles must be equipped with a passenger seat and footrests to ensure that the passenger can ride safely. For example, if someone takes you as a passenger on their motorcycle without having obtained their license (they only have a permit), they could be held liable for injuries that you suffer in an accident caused by their negligence. Similarly, if someone takes you as a passenger on their motorcycle without having properly installed a passenger seat and footrests on the vehicle, and the lack thereof causes you to be harmed in a subsequent accident, then you […]

Author: Hirsch & Lyon Accident Law

How Contingency Fee Arrangements Can Create Win-Win Situations

Serious Injuries Lawyer in Phoenix, AZ If you’ve been harmed in a motor vehicle accident in Arizona due to the negligence or wrongful misconduct of another party, then you may be entitled to significant compensation under the law.  Litigation can be an overwhelming prospect for first-time plaintiffs, however. As you begin to explore your options for litigating a motor vehicle accident claim, or any other personal injury claim, you may be somewhat confused by “contingency fees” and what it means for your case.  First-time plaintiffs are often unfamiliar with the contingency fee dynamic. Not to worry!  Let’s explore the basics to clarify the essential elements of a contingency fee arrangement. What is a Contingency Fee? Typically, plaintiff’s-side personal injury litigators are paid on contingency, not through an hourly or flat fee.  Contingency fees are rather straightforward — the litigator does not get paid unless they help you secure compensation, whether through a negotiated settlement or a favorable case verdict. So, for example, if you take your case to trial and “lose” the case, failing to secure any compensation, then you will owe nothing to the litigator.  On the other hand, if you do secure compensation, then you will owe the litigator a percentage of the overall recovery. Contingency Fees Create Favorable Dynamics for Plaintiffs Contingency fees are positive for most plaintiffs, and for a number of reasons.  First off, most plaintiffs do not have the funds (or willingness) to sustain long-term litigation against a defendant when the result is uncertain.  […]

Author: Hirsch & Lyon Accident Law

Damages for the Loss of Domestic Services

Wrongful Death Lawyer in Phoenix, AZ If your loved one has died due to the negligence, recklessness, or intentional misconduct of another party, then the state of Arizona may give you a legitimate right of action for wrongful death.  Wrongful death litigation is critically important, as it gives the surviving family members of the deceased an effective tool for securing the compensation they need to cover their various losses. Here at Hirsch & Lyon, we are compassionate advocates that understand the many challenges that families face in the wake of their loved one’s death.  It is perfectly normal to feel trepidation about moving forward with litigation.  We encourage you to contact us to learn more about what wrongful death litigation entails, and how we can help. Understanding Wrongful Death Damages Wrongful death damages are paid out to cover the losses sustained by the surviving family members of the deceased — not the losses sustained directly by the deceased individual themselves. For example, if your spouse dies in a car accident caused by a drunk driver defendant, you would be entitled to bring an action for wrongful death damages that account for the losses that “you” (as the surviving individual) sustained in the wake of their death, which may include the loss of their financial support, loss of guidance, loss of marital companionship, and the loss of domestic services and support. The Loss of Domestic Services Domestic services are a form of support that is accounted for by Arizona courts in […]

Author: Hirsch & Lyon Accident Law

Factors Contributing to Poor Road Visibility

Car Accident Lawyer in Phoenix, AZ If you’ve been injured in a motor vehicle accident — whether you’re a pedestrian, driver, or passenger — then Arizona law may give you a right to sue and obtain compensation for your various losses.  There is significant diversity from case-to-case in terms of the fact patterns and how the dispute must be litigated. In many cases, there are issues involving defects with the roadway itself (such as poor road visibility) that contributed substantially to the accident.  These defects can be influenced by a number of factors. Consider the following non-exhaustive list. Grading and Sudden Elevation Changes Sudden elevation changes can have an enormous effect on road visibility.  When a crosswalk is placed at a plateau between sharply-graded roads, then rising traffic may have their visibility significantly impeded. Elevation changes need not be sudden to have an impact, however.  Even roads with a more gradual vertical grade can influence visibility — for example, if a road is graded upwards at a low degree, this could have an inhibiting effect on drivers at a distance, preventing them from easily identifying crossing pedestrians further down the road.  With the assistance of a road safety expert, you can identify the potentially negative consequences of such elevation changes. Adjacent Property Interference Adjacent property can quite easily interfere with road visibility.  For example, if a home built next to a road has an overgrown tree in the yard that extends out into the street, then the branches might cause […]

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