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Anytime a pedestrian is hit by a car there is a good chance that they are going to sustain an assortment of injuries. While some injuries might not be that serious, others could be life-threatening. Even if the person is doing nothing more than backing out of their driveway, there is a good chance that the injuries sustained are going to be significant. However, that chance of being severely injured is going to rise tremendously if the vehicle was traveling at a significant rate of speed. According to the CDC, over 150,000 people were treated for injuries at the hospital for crossing the street in 2013. Close to 5,000 people were fatally wounded. That averages out to one death every 2 hours across the US. According to the Hirsch & Lyon Accident Law team, an injury lawyer from Hirsch & Lyon Accident Law, Pedestrians that have been hit by a car can end up experiencing injuries to their abdomen, chest, extremities, and head. There are a number of factors that come into play when determining the severity of the injuries, such as how fast the driver was going, what type of vehicle they were driving, where they were hit and how old the pedestrian is. Some of the more common injuries sustained from pedestrian accidents are: Head trauma Internal bleeding Pelvic injury Spinal injury Fractures Death Internal injury Recovery can often be a long and drawn-out process. The intense pain of recovery coupled with the rise of medical costs can leave […]

The time after an accident can be very confusing. You have to decide what to do next regarding your expenses and damages. According to principles of tort law, if an injury is caused due to another party’s negligence, you are entitled to compensation for the damages suffered as a result of that negligence. Accident victims have a choice between settling a case or pursuing a lawsuit against whomever is responsible for injuries. Understanding how this process works in personal injury cases can help in making the best decision for your case. Retaining Legal Help It is always best to gain the help and advice of a lawyer as early in your personal injury case as possible. This means that you should call an attorney promptly after a car accident or other incident from which you sustain injuries. By talking to a lawyer early in the process, you can learn more about your legal rights and how to gain the compensation you need for costs incurred and damages suffered. Having an injury lawyer on your side early also helps to prevent you from making any mistakes that may negatively affect your case. Examples of such mistakes include making statements to the defendant that can later be used against you. Personal injury lawyers are highly experienced in personal injury claims that include: Auto accidents Slip and falls Premises liability Defective products Medical malpractice Other personal injury cases Filing a Claim The victim must often file a claim against the defendant’s insurance provider. If […]

Most people believe that insurance companies exist to help injured people through payment of claims. This could not be farther from the truth. The reality is that insurance companies exist to profit, just like any other business. Insurance Companies May Try to Push You Around, Let Hirsch & Lyon Accident Law Push Back Harder. Insurance Adjusters Are Not Your Friend When an accident occurs due to another party’s negligence and you are seriously injured or a loved one is killed, you expect that the insurance company will reach out to you regarding your claim. This is true for the following types of accidents: Auto accident Premises accident Product liability Dog bite Medical malpractice Other accident involving someone else’s negligence Insurance adjusters do reach out quickly, but not to help you. They act so fast because they want to get through to you before you have had time to think about your accident, related expenses, or hiring an injury lawyer. They want to resolve the issue before you have had time to realize the extent of injuries you have suffered. Adjusters are hired for their personality. They are often engaging, conversational and approachable. They may seem friendly and concerned about you, but do not be fooled. The last thing they care about is your condition or well-being. They are not there to help you or your situation. They work exclusively to maintain the best interests of the company that employs them. Ten Most Common Tricks Used By Insurance Adjusters to Deny Your […]

It is an unfortunate fact of life: at some point or another, you may be involved in a serious car accident. If you or a loved one is injured in a collision, you are encouraged to contact a Phoenix car accident lawyer. According to a recent report by the National Highway Traffic Safety Administration, there were an estimated 6,734,000 police-reported auto accidents in the U.S. in 2018, resulting in 36,560 fatalities and 2,710,00 persons injured. A car crash can take just a few seconds to unfold. That said, in the moments and days that follow an accident, you may be wondering what you should do next. While each accident situation can vary, here are a few things to remember: Call the police. Even in accidents in which there appear to be no serious injuries, the police should be notified as quickly as possible. Resist any offer by the other driver merely to “exchange identification information.” You’ll need a police report for insurance purposes. What may at first appear to be an amicable situation can later turn ugly. The police are specially trained to make an initial investigation. Use them. When the police arrive, be clear and specific in your statements. The officer arriving at the scene must rely upon the witnesses to set the scene. Be courteous, clear, and as specific as possible about how the accident unfolded. If you don’t know the answer to one of the officer’s questions, say so—don’t guess. You may also find it helpful to […]

Experienced Accident Attorneys in Phoenix, AZ If you have been involved in a car accident, but were lucky enough not to sustain physical injuries, then you may be wondering whether you are entitled to sue the defendant(s) responsible for the accident. In Arizona, plaintiffs who (by chance) avoided physical injury can bring a lawsuit, assuming that there are “some” measurable damages.  These damages need not be associated with a physical injury — Arizona law entitles plaintiffs to recover property damage caused to their vehicle, and for any emotional distress that they may be experiencing in the wake of an accident. Let’s take a closer look. Property Damage is Sufficient to Make for an Actionable Claim You do not have to have suffered physical injuries in order to sue and recover damages from the liable defendant.  In Arizona (and other jurisdictions), a tort action — here, one arising from a car accident — can be pursued even without damages based on physical injury-related losses. Suppose, for example, that you are involved in a car accident where you are miraculously left unscathed, but your car is totaled. The defendant-driver was intoxicated at the time of the accident, and as such, can be held liable for the damages.  Under such circumstances, you would be entitled to bring an action against the defendant to recover compensation for whatever losses you did suffer: here, property damages for the car getting totaled (along with replacement costs for renting a car in the meanwhile, or purchasing a […]

What to Do After a Phoenix Accident Have you been injured in an accident that you believe someone else caused?  Arizona law may entitle you to compensation for the suffered losses. Though one of your first priorities should — of course — be to contact a Phoenix accident law firm for professional guidance on how to proceed with your claims, there are a number of “dos and don’ts” of which you may not be fully aware. Let’s take a look. Do… Do Seek Timely and Adequate Medical Treatment Your health is the top priority in the wake of an accident.  Seek timely and adequate medical treatment.  If you believe that you may have suffered an injury, then you should go to a healthcare facility and have the injury evaluated and potentially treated. It’s worth noting that the failure to secure timely and adequate medical treatment could have legal ramifications, too.  Defendants in Arizona can minimize their liability by claiming that the injured plaintiff was also at-fault.  Delayed treatment for a truck or motorcycle accident, for example, could lead to an assertion of contributory fault. This means that the defendant will almost certainly argue that your injuries were caused or exacerbated by the delay, thus making you responsible for the harm (and minimizing their damages liability). Do Secure Timely Legal Assistance It’s critical that you secure the assistance of a qualified attorney as soon as is practicable under the circumstances — an experienced Phoenix accident attorney is an invaluable ally at […]

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 […]

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 […]

A Car Accident Lawyer Can Advocate on Your Behalf When You Have Insurance Company Headaches  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 […]

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 […]