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Personal Injury

Should I Accept Payment Out of Pocket After a Car Accident?

March 14, 2025 by Brad Johnson

After a car accident, you might be tempted to accept a cash payment from the at-fault driver instead of filing an insurance claim. While this may seem like an easy way to avoid paperwork and delays, it can lead to serious financial and legal consequences down the road. Before making a decision, it’s crucial to understand the risks of out-of-pocket settlements and how they could impact your rights.

Understanding Out-of-Pocket Payments in Car Accidents

After a car accident, one of the first concerns for both drivers is how to handle the financial impact. In some cases, the at-fault driver may offer to pay for damages or medical bills out of pocket rather than involving their insurance company. This type of arrangement is known as an out-of-pocket settlement, an informal agreement where the responsible party pays a lump sum in cash or through a personal check instead of filing an insurance claim.

At first glance, accepting an out-of-pocket payment may seem like a convenient and hassle-free solution, especially if the accident appears minor. You may be tempted to agree to this arrangement for several reasons, such as:

  • Avoiding an Insurance Claim: The at-fault driver may want to keep the accident off their insurance record to prevent premium increases.
  • Faster Resolution: The driver might suggest that cash will cover your repairs or medical expenses immediately, eliminating delays in the claims process.
  • Lack of Insurance: In some cases, the other driver may not have insurance at all and prefers to settle the matter privately.
  • Minimizing Legal Liability: The driver at fault may fear that a formal claim could lead to additional financial consequences, such as a lawsuit or increased damages.

Legal Implications of Accepting an Out-of-Pocket Settlement

Agreeing to an out-of-pocket settlement after a car accident might seem like a simple way to resolve the situation, but it comes with serious legal risks, especially under Arizona law. While private agreements are not inherently illegal, they can leave you vulnerable to financial loss, liability disputes, and legal complications that may be difficult to undo.

You May Be Waiving Your Right to Future Compensation

When you accept a cash payment from the at-fault driver, you might unknowingly be waiving your right to seek additional compensation later. Even if you realize days or weeks later that your injuries or vehicle damage were worse than initially thought, you may have little to no legal recourse.

Insurance claims and lawsuits allow for ongoing medical expenses, lost wages, and pain and suffering, but a verbal or written agreement to accept an out-of-pocket payment may prevent you from filing a claim. Courts often uphold informal agreements as long as both parties consented, even if it later turns out that the settlement was inadequate.

You Could Be Violating Arizona’s Insurance Requirements

Arizona law requires all drivers to carry liability insurance, and in many cases, an accident must be reported to the Arizona Department of Transportation (ADOT) and law enforcement. If damages exceed $1,000 or someone is injured, drivers are legally required to notify the police.

By settling privately, you may inadvertently break reporting laws, which could lead to penalties, fines, or complications with your own insurance coverage. Additionally, if the at-fault driver was uninsured, accepting a cash settlement does not protect you from legal consequences if they fail to meet Arizona’s minimum liability insurance requirements.

No Guarantee the At-Fault Driver Will Honor the Agreement

Out-of-pocket settlements rely entirely on the other driver’s honesty and willingness to pay. Unfortunately, there is no legal mechanism forcing them to follow through once you leave the scene.

Even if they provide a check, it could bounce or be canceled. If they promise to pay later but fail to do so, you will have no insurance company backing you up. Without a signed and legally enforceable contract, proving the agreement existed can be challenging in court.

Why Some Drivers Offer Cash Instead of Insurance

After a car accident, you might find yourself in a situation where the at-fault driver offers to pay you cash instead of filing an insurance claim. While this might seem like a quick and hassle-free resolution, it’s important to understand why a driver might make this offer and whether it’s in your best interest to accept it.

Avoiding Insurance Premium Increases

One of the biggest reasons a driver may prefer to settle out of pocket is to prevent their insurance rates from going up. Car insurance companies consider any accident, even minor ones, as a risk factor, and drivers who file claims often see an increase in their monthly premiums.

For someone with a history of accidents or previous claims, even a minor collision could result in significant rate hikes or policy cancellation. Instead of risking this, the at-fault driver may offer cash to settle things privately.

The Driver Is Uninsured or Underinsured

In Arizona, drivers are legally required to carry minimum liability insurance. However, some motorists drive without coverage, despite the law. If an uninsured driver causes an accident, they may try to offer cash immediately to avoid legal and financial penalties.

Similarly, some drivers carry only the minimum required coverage, which may not be enough to cover serious damages. Instead of filing an insurance claim that could expose their lack of coverage, they may attempt to resolve the matter privately.

They Were Engaged in Illegal Activity

Sometimes, a driver offering cash might have other legal issues they want to avoid. If the at-fault driver was:

  • Driving under the influence (DUI)
  • Driving with a suspended or revoked license
  • Driving a stolen vehicle
  • Transporting illegal substances or goods
  • Violating probation or parole

Should You Accept a Cash Settlement?

While accepting a cash offer might seem like an easy way to avoid paperwork and delays, it’s important to consider the risks:

  • You may not receive enough compensation to cover your damages.
  • You could lose your right to file a claim if injuries or damages are worse than expected.
  • The driver might disappear, leaving you without recourse if the payment doesn’t cover your costs.

Arizona Car Accident Laws: What You Need to Know

Arizona follows a fault-based system for car accidents, meaning the at-fault driver is responsible for covering damages. Whether through insurance or legal claims, victims have the right to seek compensation for medical expenses, vehicle repairs, lost wages, and pain and suffering.

Key Arizona Car Accident Laws

  • Minimum Liability Insurance
    • $25,000 per person for bodily injury
    • $50,000 per accident for bodily injury
    • $15,000 for property damage (ARS § 28-4009)
  • Comparative Negligence: Arizona follows pure comparative negligence rules, meaning your compensation may be reduced if you are partially at fault for the accident (ARS § 12-2505).
  • Reporting Requirements: If an accident results in injury, death, or property damage over $1,000, you must report it to law enforcement (ARS § 28-667).
  • Statute of Limitations: You have two years from the date of the accident to file a personal injury or property damage lawsuit (ARS § 12-542).

The Role of a Personal Injury Attorney

After a car accident, especially when dealing with out-of-pocket payment offers, hiring a personal injury lawyer can make a significant difference in protecting your rights and securing fair compensation. While settling directly with the at-fault driver might seem quick and easy, it often comes with hidden risks, and that’s where an attorney can step in to ensure you don’t get shortchanged.

Protecting Your Legal Rights

A personal injury lawyer understands Arizona’s car accident laws and can advise you on the best course of action. Many accident victims unknowingly waive their rights by accepting a private cash settlement, only to realize later that their injuries or damages were more serious than they thought.

Accurately Assessing Your Damages

Most drivers offering cash settlements will lowball the amount, hoping you’ll accept without question. However, a personal injury attorney will help you calculate the full value of your claim, including:

  • Medical bills (current and future)
  • Vehicle repair or replacement costs
  • Lost wages due to missed work
  • Pain and suffering
  • Permanent disability or long-term medical care

Proving Liability & Fault

In Arizona, fault is key in car accident claims. If the other driver disputes responsibility, an attorney can:

 

  • Gather police reports, witness statements, and video footage
  • Work with accident reconstruction experts
  • Demonstrate how the other driver’s negligence caused the crash

People Also Ask

Is It Legal to Accept an Out-of-Pocket Payment for a Car Accident?

  • Yes, but it may violate Arizona’s reporting requirements if the accident involves injury or damages over $1,000.

What Are the Risks of Accepting Cash Instead of Filing an Insurance Claim?

  • You may waive your right to future compensation, be stuck with hidden medical expenses, or lose legal protection if disputes arise.

Can I Still File an Insurance Claim After Accepting a Cash Settlement?

  • In most cases, accepting payment privately may prevent you from filing a claim later, especially if there’s a verbal or written agreement.

Find the Right Car Accident Attorney

Accepting an out-of-pocket payment after a car accident may seem like a quick fix, but it can leave you vulnerable to unpaid medical bills, hidden damages, and legal complications down the road. Without proper documentation or legal protection, you could be stuck covering costs that should be the responsibility of the at-fault driver. Instead of risking your financial and legal future, let our team at Brad Johnson Injury Law guide you through the best course of action. Contact us today for a free case evaluation, we’ll review your situation, explain your rights, and help you secure the compensation you deserve.

Filed Under: Auto Accidents, Personal Injury

Getting Compensation For a Hit and Run Accident

February 6, 2025 by Brad Johnson

A hit-and-run accident can leave victims feeling frustrated, overwhelmed, and unsure of what to do next. When a negligent driver flees the scene, it can seem like getting compensation for medical bills, lost wages, and vehicle damage is impossible. However, there are still legal and insurance options available to help you recover what you’re owed. Whether through uninsured motorist (UM) coverage, Arizona’s Crime Victim Compensation Program, or legal action, you don’t have to face this situation alone. In this guide, we’ll walk you through the steps to take after a hit-and-run and explain how Brad Johnson Injury Law can help you secure the compensation you deserve.

Immediate Steps to Take After a Hit-and-Run

Being the victim of a hit-and-run accident can be a stressful and overwhelming experience. However, taking the right steps immediately after the incident can help protect your health, preserve important evidence, and improve your chances of getting compensation.

Ensure Your Safety

  • If you are able to, move your vehicle to a safe location to avoid further danger.
  • Turn on your hazard lights to alert other drivers.
  • Check yourself and any passengers for injuries.

Call 911 and Report the Accident

  • Even if the other driver has fled, reporting the accident is crucial.
  • Provide the dispatcher with your location, vehicle description, and any details you recall about the fleeing driver or their car (make, model, color, license plate, etc.).
  • Request medical assistance if you or anyone involved is injured.

Gather Evidence at the Scene

Since hit-and-run drivers may not be immediately located, the evidence you collect could be essential for your insurance claim or legal case.

  • Take photos and videos of the accident scene, your vehicle damage, and any injuries.
  • Write down any details about the other vehicle if you saw it (license plate, color, make, model, direction they were heading).
  • Look around for witnesses who may have seen the accident. Get their contact information and ask if they’re willing to provide a statement.
  • Check for security cameras on nearby businesses, homes, or traffic lights that may have recorded the incident.

Seek Medical Attention

Even if you feel fine, injuries from a hit-and-run accident may not be immediately noticeable due to adrenaline.

  • Visit a doctor as soon as possible to document any injuries.
  • Keep records of all medical evaluations, treatments, and expenses.

Notify Your Insurance

  • Inform your insurance provider about the hit-and-run accident as soon as possible.
  • Provide them with the police report number and any evidence you gathered.
  • If you have uninsured motorist (UM) coverage, this may help cover your damages.

Can you Get Compensation if the Driver Isn’t Found?

Being involved in a hit-and-run accident can be frustrating, especially if the at-fault driver is never identified. However, you may still be eligible for compensation through various insurance options and victim assistance programs in Arizona.

Uninsured Motorist (UM) Coverage

In Arizona, uninsured motorist (UM) coverage is optional, but if you have it, it can help cover medical expenses and lost wages in a hit-and-run case. Since a hit-and-run driver is legally considered “uninsured” if they flee the scene and cannot be found, UM coverage may step in to pay for:

  • Medical bills
  • Lost income
  • Pain and suffering
  • Future medical treatment

Personal Injury Protection (PIP) or Medical Payments Coverage (MedPay)

If you have Personal Injury Protection (PIP) or MedPay, these coverages can help pay for your medical expenses, regardless of who caused the accident. Unlike UM coverage, PIP and MedPay do not cover pain and suffering or lost wages, they only cover medical costs.

Arizona Crime Victim Compensation Program

If you do not have applicable insurance coverage, you may be eligible for compensation through Arizona’s Crime Victim Compensation Program. This state-funded program assists victims of violent crimes, including hit-and-run accidents, by covering:

  • Medical expenses
  • Lost wages due to injury
  • Funeral costs (in fatal cases)
  • Mental health counseling

To qualify, you must:

  • Report the hit-and-run to law enforcement within 72 hours
  • Cooperate with the investigation
  • File a claim within two years of the accident

Filing an Insurance Claim for a Hit-and-Run

Filing an insurance claim after a hit-and-run accident can be more complicated than a typical car accident claim since there is no at-fault driver to hold accountable. However, if you have uninsured motorist (UM) coverage, MedPay, or Personal Injury Protection (PIP), you may still be able to recover compensation.

Challenges in Hit-and-Run Insurance Claims

  • Proving the accident wasn’t your fault – Some insurers may argue that, without an identified at-fault driver, they cannot confirm how the accident occurred.
  • Claim Denial or Low Settlement Offers – Insurance companies may attempt to deny coverage or offer a low settlement by disputing the severity of your injuries or vehicle damage.
  • Policy Limitations – If you don’t have UM coverage, your ability to recover damages may be limited.

What to Do If Your Claim Is Denied

If your insurance company denies your claim or offers a low payout, you don’t have to accept it. A personal injury attorney can:

  • Gather additional evidence to support your claim
  • Negotiate with the insurance adjuster for a higher settlement
  • File a bad faith insurance claim if your insurer unfairly denies compensation

Navigating an insurance claim after a hit-and-run can be frustrating, but you don’t have to handle it alone. Brad Johnson Injury Law can help protect your rights and ensure you receive the compensation you deserve.

Legal Options for Pursuing Compensation

If a hit-and-run driver is not identified or your insurance claim is denied, you may still have legal options to pursue compensation. In Arizona, victims of hit-and-run accidents can file a personal injury claim if the driver is later found. This lawsuit can help recover medical expenses, lost wages, pain and suffering, and property damage. If the driver remains unidentified, an experienced attorney can help you explore other legal avenues, such as filing a bad faith insurance claim if your insurer wrongfully denies or delays payment. Additionally, Arizona’s Crime Victim Compensation Program may provide financial relief for victims with medical bills or lost income due to a hit-and-run. Since hit-and-run cases can be complex, consulting with a personal injury lawyer ensures that you understand your rights and maximize your compensation. Brad Johnson Injury Law has the experience to fight for victims and hold negligent drivers or insurance companies accountable.

How Brad Johnson Injury Law Can Help

Being the victim of a hit-and-run accident can be overwhelming, but you don’t have to face it alone. Even if the at-fault driver is never found, there are still legal and insurance options available to help you recover compensation for medical bills, lost wages, and other damages. The key is to act quickly and report the accident, gather evidence, and seek legal guidance to protect your rights.

At Brad Johnson Injury Law, we specialize in helping hit-and-run victims navigate the legal process and fight for the compensation they deserve. Let us handle the complexities of your case while you focus on recovery. Call us for a free consultation to discuss your options. You don’t pay unless we win your case!

Filed Under: Auto Accidents, Personal Injury

Car Accidents: When to Sue or When to Settle

January 28, 2025 by Brad Johnson

Understanding the Basics of Car Accident Claims

A car accident claim is the legal process used to seek compensation for damages and injuries caused by a collision. It typically involves determining who is at fault, also known as establishing liability. Liability is often based on negligence, such as speeding, distracted driving, or running a red light.

Car accident claims cover two types of damages: economic damages, like medical bills, lost wages, and vehicle repairs, and non-economic damages, such as pain and suffering or emotional distress. Most claims are resolved through insurance settlements, where the at-fault party’s insurance pays the injured party. In no-fault states, individuals rely on their own insurance for specific expenses, regardless of who caused the crash.

The Difference Between Suing and Settling

When resolving a car accident claim, the choice between suing and settling comes down to how the dispute is resolved.

Settling involves reaching an agreement with the other party, usually through their insurance company, to accept a payment without going to court. This approach is often faster, less expensive, and less stressful, making it a popular choice for straightforward cases. Suing, on the other hand, means filing a lawsuit and taking the case to court, typically when a fair settlement cannot be reached.

Lawsuits are more time-consuming and involve court fees, but they may result in higher compensation if the court rules in your favor. Deciding between the two options often depends on the severity of the injuries, the strength of the evidence, and the willingness of the other party to negotiate fairly. 

Key Factors to Consider Before Making a Decision

Deciding whether to sue or settle after a car accident can feel overwhelming, especially when dealing with medical bills, lost wages, and emotional stress. Understanding the key factors involved can help you make a confident and informed choice.

  • Severity of Injuries: Minor injuries may be resolved through settlement, but severe or long-term injuries often require a lawsuit to secure adequate compensation.
  • Clear or Disputed Liability: If fault is clear, settling might be the best option; however, if liability is disputed, a lawsuit may be necessary to prove your case.
  • Settlement Offer Amount: A fair offer that covers your damages may make settling ideal, but lowball offers often require legal action to pursue the compensation you deserve.
  • Time and Resources: Settling is faster and less expensive, while suing takes time and effort but can lead to a more favorable outcome if the offer is unfair.
  • Insurance Company Cooperation: If the insurer is unwilling to negotiate or acts in bad faith, filing a lawsuit may be the only way to protect your rights.

Pros and Cons of Settling a Car Accident Case

Settling a car accident case is often the most practical solution, but it’s not always the right choice for every situation. Weighing the advantages and disadvantages can help you determine if settling aligns with your best interests.

Pros of Settling:

  • Faster Resolution: Settlements are typically quicker than going through a lengthy court process.
  • Lower Costs: Avoiding court means fewer legal fees and expenses, leaving more of your compensation intact.
  • Less Stressful: Settling spares you the emotional toll of a trial and cross-examination.
  • Guaranteed Outcome: Accepting a settlement ensures you receive compensation without the risk of losing in court.

Cons of Settling:

  • Potentially Lower Compensation: Settlement offers may not fully cover your damages, especially for severe injuries.
  • No Admission of Fault: In most cases, the at-fault party doesn’t accept blame, which can feel unsatisfying.
  • Limited Recourse: Once you settle, you waive the right to pursue further legal action, even if new expenses arise.

Advantages and Disadvantages of Suing

Filing a lawsuit after a car accident can be an effective way to pursue fair compensation, but it’s not without its challenges. Understanding the benefits and drawbacks of suing can help you decide if going to court is worth the effort.

Advantages of Suing:

  • Higher Compensation Potential: Lawsuits often result in larger payouts, especially for severe injuries or extensive damages.
  • Accountability: Suing can hold the at-fault party responsible for their actions, providing a sense of justice.
  • Leverage in Negotiations: The possibility of a trial often motivates insurance companies to offer better settlements.
  • Full Presentation of Evidence: Court allows you to present all evidence, ensuring every detail is considered when determining damages.

Disadvantages of Suing:

  • Lengthy Process: Lawsuits can take months or even years to resolve, delaying compensation.
  • Higher Costs: Court fees and legal expenses can reduce your final payout.
  • Emotional Stress: Preparing for trial and testifying can be emotionally draining for many people.
  • Uncertain Outcome: There’s no guarantee the court will rule in your favor, leaving you at risk of walking away empty-handed.

How to Determine the Value of Your Claim

Determining the value of a car accident claim involves calculating both economic damages and non-economic damages. Economic damages include measurable expenses like medical bills, lost wages, and property repair costs, while non-economic damages account for intangible losses such as pain and suffering or emotional distress. Factors like the severity of your injuries, the impact on your daily life, and the extent of liability all play a significant role in assessing your claim’s worth. Consulting a skilled attorney, like those at Brad Johnson Injury Law, ensures every aspect of your damages is evaluated, helping you pursue the maximum compensation possible.

The Role of Insurance Companies

Insurance companies play a central role in resolving car accident claims, as they are typically responsible for compensating victims on behalf of the at-fault party. However, their primary goal is to minimize payouts to protect their bottom line. They often use tactics like offering low settlements, disputing liability, or questioning the extent of your injuries.

FAQs About Suing or Settling After a Car Accident

What Is the Difference Between Suing and Settling a Car Accident Claim?

  • Settling means reaching an agreement with the insurance company for compensation without going to court, while suing involves filing a lawsuit to seek damages through a trial.

When Should I Consider Suing Instead of Settling?

  • You should consider suing if the settlement offer is too low, liability is disputed, or you’ve suffered severe injuries requiring long-term care or rehabilitation.

How Long Does It Take to Settle a Car Accident Claim?

  • A settlement can take anywhere from a few weeks to several months, depending on the complexity of the case and the willingness of the insurance company to negotiate.

What If the Insurance Company Denies My Claim?

  • If your claim is denied, an attorney can help you challenge the decision and, if necessary, file a lawsuit to pursue the compensation you deserve.

Expert Car Accident Lawyer

Deciding whether to sue or settle after a car accident is one of the most important choices you’ll face when seeking compensation for your injuries and losses. While settling may seem straightforward, it’s not always the best option, especially when the insurance company undervalues your claim. On the other hand, pursuing a lawsuit can be more complex but may lead to a fairer outcome. Every case is unique, and the right decision depends on the specifics of your accident, injuries, and financial needs.

At Brad Johnson Injury Law, we understand how overwhelming this process can be, and we’re here to help. Our experienced legal team will carefully evaluate your case, explain your options, and guide you toward the best possible outcome. Don’t leave your future to chance—contact us today for a free, no-obligation case evaluation and let us fight for the compensation you deserve. 

Filed Under: Personal Injury

How to Find the Right Lawyer After Your Car Accident

October 18, 2024 by Brad Johnson

There are nearly 6 million licensed drivers in the State of Arizona and more than 8 million registered vehicles. When you consider that in the Phoenix Metro area alone, 10 billion vehicle miles are traveled every year, accidents are going to happen.

And they do.

According to data compiled from 2021 car, motorcycle, and pedestrian collisions in the City of Phoenix, there were nearly 30,000 collisions with more than half resulting in injuries and more than 300 involving fatalities.

It happens to people every day, and it can happen to you, no matter how careful you are behind the wheel. Your life could change in a moment due to another driver’s neglect or carelessness and it can leave you with injuries or disabilities that will be with you for the rest of your life.

When you are injured in a car accident, you need a personal injury lawyer who will fight for you, working hard to ensure that you get the compensation that you deserve. Finding one who is dedicated and sympathetic to you, committed to ensuring that justice is served may not be so easy.

Here’s what you need to know.

What Types of Compensation are Available to You After an Accident?

When you are injured in a car accident, you may have physical injuries as well as emotional or mental distress. Arizona law allows accident victims to be compensated for these types of injuries as well as economic and non-economic losses via a personal injury claim.

Under the law, an accident victim can seek compensation for:

  • Medical Bills

    • Emergency room costs
    • Ambulance services
    • Physical therapy
    • Doctor’s visits
    • Specialist’s visits
    • Medication
    • Medical treatments
  • Lost Wages

  • Lost Opportunities for Employment

  • Rental Car

  • Property Damage

    • Car repair
    • Car replacement
    • Items inside the vehicle
    • Damage to other property
  • Pain and Suffering

    • Physical pain and suffering
    • Emotional distress
    • Mental anguish
    • Loss of enjoyment or quality of life
    • Loss of affection or companionship

The Arizona State Constitution does not allow caps on damage in car accidents or personal cases. This means that if a person is seriously injured in an accident, they can receive certain benefits, like medical treatment, indefinitely.

Arizona is a tort state, meaning that it is an at-fault state. This allows the injured party to seek compensation from the at-fault driver. This typically begins with a claim against the insurance company of the at-fault driver. If a reasonable settlement cannot be reached, then your personal injury attorney will file a lawsuit seeking compensation for the driver who was not at fault.

The statute of limitations for car accidents in Arizona is two years from the time of the accident. The claim must be filed within that time in order for the case to be valid.

How to Find the Best Car Accident Lawyer for Your Case

Finding a car accident attorney is easy. Finding the best car accident attorney is a little more difficult. Asking friends and family for their recommendations is a good place to start. You can get reliable testimonials from people you know and trust.

Questions to Ask a Car Accident Lawyer

Does the Attorney Have Experience? 

This is not to say that a new attorney won’t be any good, but car accidents can be very complex and require certain expertise that only experience can provide.

What Does the Attorney’s Track Record Look Like?

Research the attorney and look at other cases they have handled. What were the outcomes? Were the outcomes commensurate with the severity or magnitude of the case? Were the clients happy with their experience with the attorney?

Is it a Personal Injury Attorney who specializes in Car Accidents?

Many law firms have different lawyers who focus on specific areas of law. This is very common in personal injury because it is such a broad legal field. Does the attorney you are considering focus on car accidents, or do they have several “specialties” that they practice? Car accidents can be complex so you would likely be better served by going with an attorney who specializes in that area.

What Kind of Reputation Does the Attorney Have in the Community?

Research reviews by actual clients and read them thoroughly. Look for reviews that speak directly to their experience with the attorney, not necessarily the case. You are evaluating how well the attorney performed so that should be your focus.

Does the Attorney Have Experience Handling Cases Like Yours?

In law, experience counts. You naturally want an experienced attorney, but also look for lawyers who have handled cases that are similar to yours.

How Successful Has the Attorney Been in Negotiating with Insurance Companies?

Car accident claims are all about the insurance company negotiations. Look for a lawyer who has experience negotiating settlements with insurance companies and who has gotten their clients compensation that was reasonable for the injuries and loss they sustained.

Injured in a Car Wreck? Get the Best Phoenix Car Accident Attorney to Fight for You!

Whether you need a no-fault lawyer or an at-fault lawyer for your accident, we deliver. With more than 30 years of legal experience, we will fight for you and won’t stop until you get the compensation that you deserve.


At Brad Johnson Injury Law, we serve clients all across the Phoenix Valley and we have Spanish-speaking attorneys for our non-English speaking clients.

We offer a free case evaluation, and our contingency fee is one of the lowest in the business. We don’t get paid unless you do, and we only take 25% as opposed to other attorneys taking 33% or even more.

 

When you choose us, you can rest assured that we will handle your case with the care and commitment it deserves. And we won’t stop until justice is served.

Filed Under: Auto Accidents, Personal Injury

Most Common Causes of Car Accidents

September 12, 2024 by Brad Johnson

Distracted Driving

Distracted driving is one of the leading causes of car accidents today. With the growing reliance on smartphones and other digital devices, distractions on the road have become a widespread issue. Distracted driving refers to any activity that diverts attention away from the primary task of driving. These distractions can be visual (taking your eyes off the road), manual (taking your hands off the wheel), or cognitive (taking your mind off driving).

One of the most prevalent forms of distraction is texting while driving. This involves all three types of distraction—visual, manual, and cognitive—making it particularly dangerous. Studies show that sending or reading a text can take a driver’s eyes off the road for approximately five seconds. At highway speeds, that’s the equivalent of driving the length of a football field without looking.

Arizona’s Hands-Off Law

In an effort to reduce distracted driving and improve road safety, Arizona implemented the Hands-Off Law, which took full effect in January 2021. This law, officially known as the Arizona Hands-Free Law, specifically targets the use of handheld electronic devices while driving, making it illegal to hold or use a mobile device, such as a smartphone, for any reason while operating a vehicle.

The legislation was driven by a growing number of accidents caused by drivers distracted by their phones. Studies showed that Arizona had a higher rate of fatal crashes involving distracted drivers compared to other states. In response, lawmakers sought to curb these incidents by banning behaviors that divert attention away from the road.

Speeding

Speeding remains one of the most common and dangerous causes of car accidents, both in Arizona and across the nation. Driving above the posted speed limit not only increases the risk of accidents but also the severity of the resulting injuries. In fact, the faster a vehicle travels, the more time it takes to react to obstacles or changes in traffic conditions, drastically reducing the driver’s ability to avoid collisions.

The Risks of Speeding

When a vehicle is speeding, the chances of being involved in a crash increase significantly. This is due to several key factors:

  1. Reduced Reaction Time: Speeding drivers have less time to react to unexpected situations. Whether it’s a pedestrian crossing the road, another car stopping suddenly, or a sharp turn ahead, higher speeds make it more difficult to slow down or stop in time to avoid a collision.
  2. Increased Impact Force: The faster a car travels, the greater the force of impact during a crash. Even a relatively small increase in speed can significantly amplify the severity of the accident, leading to more catastrophic injuries and fatalities.
  3. Loss of Vehicle Control: At higher speeds, vehicles become harder to control, especially when making sudden maneuvers. This is particularly dangerous when navigating curves or avoiding obstacles. Speeding drivers are also more likely to lose control on wet or uneven road surfaces.
  4. Increased Stopping Distance: Speeding significantly increases the distance needed to stop a vehicle. If a driver is speeding and needs to brake suddenly, they may not have enough time or space to stop, leading to rear-end collisions or crashes with obstacles.

Drowsy Driving

Drowsy driving is an often underestimated but significant cause of car accidents. Fatigue can impair a driver’s reaction time, decision-making abilities, and overall awareness, creating a level of impairment similar to driving under the influence of alcohol. The National Highway Traffic Safety Administration (NHTSA) estimates that thousands of crashes annually are caused by drowsy drivers, many of which result in severe injuries or fatalities.

Unlike other forms of impaired driving, drowsiness often sneaks up on drivers. They may not realize how tired they are until it’s too late. This makes drowsy driving particularly dangerous, as it impairs both physical and cognitive functions necessary for safe driving.

Impact of Car Accidents

Car accidents, regardless of their severity, have far-reaching consequences that affect more than just the vehicles involved. From physical injuries to financial and emotional tolls, the impact of a car accident can be life-altering for everyone involved. Understanding these effects is crucial not only for victims but also for those seeking compensation through legal avenues. In Arizona, car accidents can have significant repercussions on individuals and families, and the long-term impact of these events is often underestimated.

Common Car Accident Injuries

The most immediate and visible impact of car accidents is physical injury. Injuries sustained in car crashes range from minor bruises to severe, life-threatening conditions. Some of the most common injuries include:

  • Whiplash: A common injury in rear-end collisions, whiplash occurs when the head and neck are suddenly and forcefully jerked forward and back. This can lead to chronic pain, reduced mobility, and long-term discomfort.
  • Broken Bones: Fractures are common in more serious accidents, especially in high-speed collisions. Depending on the location and severity, broken bones can require surgery and extensive rehabilitation.
  • Spinal Cord Injuries: Damage to the spinal cord can lead to partial or total paralysis, which can permanently alter the victim’s life. Spinal cord injuries often require lifelong medical care, therapy, and adjustments to daily living.
  • Traumatic Brain Injuries (TBI): Head injuries are one of the most severe consequences of car accidents, potentially leading to memory loss, cognitive issues, and long-term disabilities.
  • Internal Injuries: In some cases, injuries to internal organs may not be immediately visible but can be life-threatening if not treated promptly. Internal bleeding, damage to the liver, lungs, or kidneys can result from the impact of a crash.

Legal Consequences and Compensation

Car accidents can also lead to a complex legal process for those seeking compensation for their losses. In Arizona, the concept of comparative negligence applies, meaning that each party involved in the accident may bear a percentage of the fault. This percentage impacts the amount of compensation a victim can receive.

Working with a skilled personal injury attorney is essential for navigating the legal system and ensuring fair compensation. Attorneys like those at Brad Johnson Injury Law specialize in helping car accident victims recover damages for medical expenses, lost wages, pain and suffering, and more. They can also help victims deal with insurance companies, who may try to minimize or deny claims.

What to Do After a Car Accident

Being involved in a car accident can be a traumatic and disorienting experience. In the immediate aftermath, it’s crucial to stay calm and take the appropriate steps to protect your safety, preserve evidence, and ensure you’re in a strong position to make a legal claim if necessary. The following steps outline what to do after a car accident to minimize confusion and safeguard your rights.

Call Law Enforcement

In Arizona, you are required to report any accident that results in injury, death, or significant property damage. Even in minor accidents, calling the police is a smart move, as they can document the scene and provide an official accident report, which will be vital when filing an insurance claim or a legal case.

Exchange Information with Other Drivers

Once the immediate dangers have passed, it’s important to exchange information with the other drivers involved. Make sure to get the following details:

  • Names and contact information of all drivers.
  • Driver’s license numbers.
  • License plate numbers.
  • Insurance company names and policy numbers.
  • Make, model, and color of all vehicles involved.

Consult with an Attorney

In the event of a serious car accident, particularly one that results in injuries, consulting with a personal injury attorney like Brad Johnson Injury Law is a crucial step. An experienced attorney can help you navigate the complexities of insurance claims, gather evidence, and negotiate a fair settlement to cover your medical expenses, lost wages, and other damages.

Top Arizona Car Accident Attorney

Car accidents can have devastating physical, emotional, and financial impacts on victims and their families. Whether caused by distracted driving, speeding, or fatigue, the aftermath of a collision is often overwhelming, with medical bills, insurance claims, and legal complications piling up. Understanding the common causes of accidents and knowing the right steps to take after a crash can make all the difference in protecting your rights and securing the compensation you deserve.

If you or a loved one has been involved in a car accident, don’t face the aftermath alone. At Brad Johnson Injury Law, we are committed to standing by your side, ensuring that negligent drivers are held accountable and that you receive the compensation necessary to recover fully. Contact us today for a free consultation—let us fight for your rights while you focus on healing.

Filed Under: Personal Injury

What to Say to Insurance After a Car Accident

May 9, 2024 by Brad Johnson

 

The aftermath of a car accident can be overwhelming, especially when it comes to dealing with insurance companies. Knowing exactly what to say—and what not to say—can significantly impact the outcome of your insurance claim. This guide provides essential tips on how to communicate effectively with your insurance provider and highlights the importance of legal guidance in such situations. Whether you’re filing a claim, speaking to an adjuster, or responding to a settlement offer, understanding these key points ensures you are well-prepared to protect your interests.

 

What You Should Do Immediately After a Car Accident

After a car accident, prioritize your safety and the safety of others by checking for injuries and moving to a secure location if possible. Once safe, contact the police to file an official accident report, which is crucial for documenting the facts of the incident and supporting any future insurance claims. If you’re able to, take photos of the scene before vehicles are moved. In addition, what you say during this window matters. Be careful to avoid saying anything that might inadvertently admit fault. Call the appropriate services, ask if the other party is okay, exchange information, and then keep your comments to yourself. Finally, inform your insurance company about the accident, providing only the essential details, and avoid discussing fault or other specifics until you can consult with a lawyer.

 

What you Should Say to Your Insurance After an Auto Accident

When contacting your insurance company after a car accident, it’s important to stick to the basic facts of the incident. Start by reporting the time, location, and a brief description of the accident, using clear and concise language. Avoid making any statements about who was at fault or speculating on the cause of the accident, as these can be used against you in the claims process. Always express your intent to follow up with additional information once you have consulted with your attorney, ensuring that your legal rights are protected.

 

What NOT to Say to Insurance After your Car Crash

Knowing what not to say is just as important as what you should mention. Insurance adjusters work in the interest of the insurance company. They are not your friend. They are not on your side. Avoid admitting fault or speculating about who might be responsible, as the adjuster can use this information to minimize the insurance company’s liability. Do not provide detailed personal interpretations of the accident or discuss your physical condition in depth, as these comments could impact the assessment of your claim. Lastly, resist any pressure to settle immediately or provide a recorded statement before you’ve had the opportunity to consult with your attorney, to ensure you’re not compromising your legal rights or settlement potential.

 

How to Respond to the First Settlement Offer

Following an auto accident, you might be dealing with injuries, medical bills, and being out of work for a period of time. When that call comes with a settlement offer, it can be really tempting to accept that first offer to help alleviate the financial pressures that stem from a car crash. Generally, the first offer is the weakest. Rejecting this offer is not closing the door on financial compensation. Instead, an experienced car accident attorney can help you negotiate with insurance companies to maximize the compensation you are entitled to. Many law firms, like our Brad Johnson Injury Law team, work on a contingency basis meaning you don’t pay us unless we win.

 

Should I Consult a Lawyer for My Accident?

Consulting a lawyer after a car accident is a crucial step to ensure your rights are fully protected and that you receive a fair settlement. An experienced car accident attorney can navigate the complexities of insurance claims, help document evidence properly, and negotiate with insurance companies on your behalf. Additionally, legal advice is invaluable in cases where liability is disputed or the accident involves significant damages or injuries, helping to secure the compensation you deserve.

 

People Also Ask

  • What Not to Say in an Insurance Claim
    • Avoid admitting fault, speculating on the causes of the accident, or discussing your injuries in detail. Do not agree to provide a recorded statement or discuss settlement options before consulting with a lawyer.
  • What Not to Say When Talking to an Insurance Adjuster
    • Do not make definitive statements about the accident, avoid giving personal opinions or detailed narratives, and resist discussing your injuries or agreeing to a quick settlement.
  • What do you say When Making an Insurance Claim?
    • Provide the basic facts of the incident, such as the date, time, location, and a brief description of what happened. Mention any evidence you have, like photos or a police report, and indicate that you’ll follow up with any additional information after consulting with your attorney.
  • What to say to Insurance if You Think You are at Fault?
    • Communicate the facts of the accident without admitting any liability. It’s important to stay factual, provide necessary documentation, and let them know that further discussions will be handled by your attorney to ensure proper representation of your interests.

 

Expert Car Accident Lawyer

In navigating the complexities of a car accident and dealing with insurance companies, it’s vital to have expert legal guidance to protect your rights and ensure fair compensation. At Brad Johnson Injury Law, we specialize in helping accident victims like you achieve the outcomes they deserve. Contact us today for a free case evaluation, and let us help you take the right steps toward securing the justice and compensation you need.

Filed Under: Auto Accidents, Personal Injury

Exploring the Dangers of Drowsy Driving

March 27, 2024 by Brad Johnson

Drowsy driving is a critical issue on our roads, posing significant risks to drivers, passengers, and pedestrians alike. At Brad Johnson Injury Law, we are committed to shedding light on the dangers of driving while fatigued and the legal recourse available for those impacted by such incidents. This blog aims to explore the various facets of drowsy driving, from recognizing the signs to understanding your rights and the steps you can take if you’re involved in a related accident.

Understanding Drowsy Driving

Drowsy driving occurs when a person operates a vehicle while significantly fatigued or sleepy, impairing their ability to drive safely. Symptoms of driver fatigue can range from continuous yawning, struggling to keep one’s eyes open, to drifting from lanes or missing exits. These signs are critical indicators that a driver needs to rest and should not be ignored. The dangers of driving while tired are profound, as such impaired alertness and slowed reaction times can lead to serious accidents, endangering the lives of the driver, passengers, and others on the road. Recognizing these signs of fatigue while driving is crucial for self-awareness and ensuring one takes immediate action, like pulling over to rest, to prevent potential accidents.

The Impact of Drowsy Driving

In Arizona, while there isn’t a specific law that explicitly addresses drowsy driving, this dangerous behavior can indeed fall under the statutory provisions of reckless driving. This classification acknowledges the serious risk posed by drivers who operate vehicles while fatigued, recognizing that their impaired ability to focus and react mirrors the hazardous conduct defined as reckless. If a driver in Arizona is found to be driving while excessively tired, causing them to drive erratically or unsafely, they could face legal consequences similar to those imposed for reckless driving. This approach underscores the state’s commitment to road safety, holding drivers accountable for ensuring they are adequately alert and capable of driving responsibly. It’s vital for Arizona drivers to understand that even in the absence of a specific drowsy driving law, their actions can lead to serious legal repercussions if their fatigued state contributes to unsafe driving behaviors.

Preventing Drowsy Driving

To prevent drowsy driving, it’s crucial for drivers to prioritize adequate sleep before embarking on long drives and to recognize the early signs of fatigue. Implementing preventive measures, such as taking regular breaks during long trips, consuming caffeine for short-term alertness, and avoiding medications that cause drowsiness, can significantly reduce the risk of drowsy driving. Additionally, understanding the importance of pulling over to a safe location for a quick nap or switching drivers when signs of tiredness emerge can be life-saving strategies that every driver should be prepared to employ.

Signs of You Are Too Tired To Drive

  • Frequent Yawning
  • Hitting Rumble Strips
  • Missing your Exit
  • Difficulty Maintaining Proper Speed
  • Drifting from your Lane

Who is Most at Risk from Driving While Tired

  • Truckers
  • Night Shift Workers
  • People with Sleep Disorders
  • Teenagers & Young Adults

Legal Recourse and Support

If you’ve been involved in a car accident due to a drowsy driver, Brad Johnson Injury Law is here to support and guide you through the legal process. Our experienced team specializes in drowsy driving cases, offering personalized assistance to ensure you receive the compensation you’re entitled to for medical expenses, lost wages, and pain and suffering. At Brad Johnson Injury Law, we understand the complexities of these cases and work diligently to gather necessary evidence, such as police reports and witness statements, to build a compelling argument on your behalf. We are committed to advocating for your rights, providing you with the resources and legal expertise needed to navigate this challenging time. Whether you require legal advice, support, or representation, our dedicated professionals at Brad Johnson Injury Law are here to assist every step of the way. Trust us to be your ally in securing justice and the financial recovery you deserve following an accident with a drowsy driver.

Car Accident Victim Lawyer

Understanding the dangers and legal implications of drowsy driving is crucial for every road user. At Brad Johnson Injury Law, we are dedicated to educating the public about safe driving practices and providing robust legal support to those affected by drowsy driving incidents. If you or a loved one has been a victim of an accident involving a fatigued driver, don’t navigate the legal journey alone. Contact us today to schedule a consultation and let our experienced team help you secure the justice and compensation you deserve.

Filed Under: Personal Injury

Should I Accept a Settlement From the Insurance Company after an Accident?

February 5, 2024 by Brad Johnson

Facing an insurance company after an accident can be a daunting experience, especially when it comes to their first settlement offer. It’s important to know that generally, you are not obligated to accept this initial proposal. In fact, it’s often in your best interest to reject it, as these first offers are typically much lower than your actual expenses and losses. Keep in mind that once an offer is accepted, it becomes final, closing the door to any further compensation, even if your injuries are found to be more severe later on. Our expert team at Brad Johnson Injury Law wanted to break down each step of the settlement process, how the insurance companies try to limit your settlement amounts, and how you can maximize the money you are entitled to following a car accident. 

Understanding Car Accident Settlements

Following your injury in an auto accident and after your claim is received, an insurance adjuster will conduct an investigation into that report. By examining the evidence surrounding the accident and calculating the different types of compensatory damages the adjuster will then go into minimizing your settlement offer. The insurance companies are not on your side, it is in their interest to get you to walk away with as little as possible. It is proven that having an experienced legal expert on your side means getting a higher settlement after your car accident injury. Insurance companies typically calculates settlements by the following process:

  • Assessment of Damages

    • Insurance companies start by evaluating the extent of property damage and personal injury. This includes repair costs for any damaged vehicles, medical expenses, and any other quantifiable losses due to the accident.
  • Determination of Fault and Liability

    • The insurance company will assess the accident to determine fault and liability under the relevant state laws. The degree of fault can significantly affect the settlement amount, especially in states with comparative negligence laws.
  • Review of Policy Coverage

    • The adjuster reviews the insurance policies of both parties to understand the coverage limits. These limits often serve as the maximum amount that can be paid out in a settlement.
  • Consideration of Non-Economic Damages

    • This includes compensation for pain and suffering, emotional distress, and any other non-tangible losses. These are more subjective and can vary significantly depending on the individual case.
  • Use of Formulas and Software

    • Many insurance companies use formulas or software like Colossus to calculate settlements. These tools consider various factors, including medical expenses and lost wages, to arrive at a figure.
  • Negotiation and Settlement Offers

    • The initial settlement offer is typically a starting point for negotiations. It’s often lower than the actual value of the claim, expecting that there will be some negotiation involved.

Key Considerations Before Accepting a Settlement

When it comes to deciding whether to accept a settlement offer from an insurance company after an accident, there are several crucial factors you need to consider. Firstly, assess the full extent of your damages and injuries. It’s vital to understand not just your current medical expenses and vehicle repair costs, but also any potential long-term impacts on your health and well-being. This foresight is essential, as accepting a settlement is final and precludes the possibility of claiming additional compensation later. This is typically where insurance settlements attempt to cut corners and reduce the payout you are entitled to. If months after your settlement is revealed you require surgery, physical therapy, or any other kind of outpatient treatment you are stuck covering that on your own. The settlement is a finalizing legal bond. 

A legal expert specializing in auto accident insurance settlements can offer invaluable insurance settlement advice. They bring expertise in car accident settlement tips and can help you navigate the complex insurance claim settlement process. Our role is not only to advise you but also to ensure that any settlement offer adequately compensates for your losses, including those not immediately apparent, such as psychological trauma or future medical needs.

Responding to the Initial Insurance Settlement After your Car Accident

Once the insurance company has responded to the claim, you regain position in the driver seat with an important decision to make. Too many individuals will accept the first offer, believing that it will be the best one and they do not want to have an even smaller number in the future. They aim to leverage your fear of missing out against you. It is a tempting spot to be in. You have missed work. The medical bills are finding their way to your doorstep. The expenses are piling up and you need help paying for them now. 

In order to maximize the settlement you deserve, patience and well strategized negotiation is the way forward. A counteroffer to the insurance company, listing out and detailing the reasons why the initial settlement offer is not acceptable, primes the negotiation process moving forward. The Brad Johnson Injury Law team is experienced and adept at effectively negotiating and earning you a larger settlement. 

People Also Ask:

Should I Accept the First Settlement Offer from the Insurance Company After an Accident?

  • In almost every case, it’s advisable to reject the first offer. Initial settlements are often lower than what you may be entitled to, especially considering long-term expenses and injuries that may not be immediately apparent.

How Do I Know if the Settlement Offer is Fair?

  • Determining the fairness of a settlement offer involves assessing your total damages, including medical expenses, lost wages, and potential future costs. Consulting with a legal expert can provide a clearer understanding of what constitutes a fair offer in your specific case.

Can I Negotiate for a Higher Settlement Amount?

  • Yes, negotiation is a standard part of the insurance settlement process. You, or preferably your attorney, can negotiate with the insurance company to seek a higher settlement that more accurately reflects your damages and losses.

How Long Do I Have to Decide on a Settlement Offer?

  • The timeframe can vary, but it’s important not to rush your decision. Check the specific terms provided by the insurance company and consult with a lawyer to ensure you make an informed decision within the given period.

What if my Injuries are More Serious than I Initially Thought?

  • If your injuries turn out to be more serious after accepting a settlement, you cannot claim additional compensation. Hence, it’s crucial to fully understand the extent of your injuries before settling. Seeking a medical professional’s opinion and consulting with an attorney is highly recommended.

Car Accident Lawyer

At Brad Johnson Injury Law, we understand the complexities and challenges that follow a car accident, especially when it comes to dealing with insurance settlements. Our dedicated team of experienced car accident legal experts is committed to ensuring that you receive the fair compensation you deserve. We encourage you not to navigate this journey alone – let our expertise guide you through every step of the process. If you’re unsure about an insurance settlement offer or have any questions, reach out to us for a free case evaluation, and let’s discuss the best course of action for your unique situation.

Filed Under: Personal Injury

How Does a Lawyer Help You Get a Larger Settlement After a Car Accident?

December 18, 2023 by Brad Johnson

Navigating the aftermath of a car accident can be complex, and having a skilled lawyer by your side is instrumental in securing a larger settlement. Lawyers leverage their expertise in negotiating with insurance companies, employing a deep understanding of the factors that contribute to comprehensive compensation. In fact,individuals with a lawyer after an auto accident earn 3.5x more in settlements on average than those that do not. Our team meticulously assesses property damage, bodily injuries, and miscellaneous expenses to ensure no aspect of the suffering is overlooked. Furthermore, we adeptly navigate the legal landscape, whether through strategic negotiations or, if necessary, advocating in court, to maximize the chances of achieving a substantial and just settlement for their clients.

The Brad Johnson Injury Law team has been serving the greater Phoenix Valley and beyond for over 30 years, we have helped our clients collect thousands upon thousands in settlements that they have been due. Following your car accident, whether it was a fender bender or something more complex, our team is prepared to get you the full settlement you are entitled to.

Determining the Cost of Your Auto Accident Settlement

In the intricate world of car accident settlements, the determination of compensation is a nuanced process that takes into account a myriad of factors. Skillful negotiation and the expertise of legal professionals are crucial in ensuring that every facet of the damages suffered is comprehensively addressed, ultimately leading to a fair and just car accident settlement.

Property Damage

First and foremost, the extent of property damage incurred during the accident plays a pivotal role. Evaluating the costs of repairing or replacing the vehicle provides a foundational understanding of the financial impact. 

Bodily Injury

Moreover, bodily injuries sustained in the collision significantly influence the settlement amount. Medical expenses, rehabilitation costs, and potential future medical needs all contribute to the overall assessment.

Miscellaneous Expenses

Beyond these tangible aspects, miscellaneous expenses such as lost wages and the emotional toll on the victim’s life are also considered. As a result of an accident, if you are unable to perform your normal responsibilities and you incur additional costs such as paying for childcare, housekeeping, cooking, shopping, or rideshare fees, all of these expenses can fall under miscellaneous expenses

When do Car Accident Settlements Need to Go to Court?

Determining whether a car accident case will proceed to court hinges on several factors. In many instances, cases are resolved through settlements, sparing clients the time and stress of a trial. However, the decision to go to court may arise if negotiations with the opposing party or insurance companies fail to yield a fair resolution, or if there are disputed liability issues that require judicial intervention. No matter the surrounding factors, the Brad Johnson Injury Law team is dedicated and experienced at suits and settlements.

What are Punitive Damages?

Punitive damages represent a unique facet of compensation in car accident cases, serving a distinct purpose beyond covering tangible losses. Unlike compensatory damages, which aim to address actual expenses like medical bills and property damage, punitive damages are designed to punish the at-fault party for egregious misconduct or gross negligence. Intended as a deterrent, these damages go beyond compensating the victim and seek to discourage similar reckless behavior in the future.

Lawsuit Process Following an Auto Accident

The lawsuit process following a car accident involves several distinct stages designed to resolve disputes and secure fair compensation. It typically begins with the filing of a complaint outlining the details of the case. Subsequent stages include the discovery phase, where both parties exchange information and evidence, followed by negotiations to reach a settlement. If a satisfactory resolution is not achieved, the case may proceed to trial.

Difference between Car Accident Settlements and Trial Verdicts

Distinguishing between an auto accident settlement and a trial verdict is crucial in understanding the resolution pathways after a car accident. An auto accident settlement is an agreement reached between the parties involved, often facilitated through negotiation, where the victim accepts compensation without going to court. 

On the other hand, a trial verdict results from a formal court proceeding, where a judge or jury determines the outcome based on presented evidence and arguments, providing a binding resolution in the absence of a negotiated settlement. When insurance companies drag their feet and attempt to withhold your fair compensation, sometimes a trial is the only way to expedite the process.

How Much Do Lawyers Usually Take from Car Accident Cases in Arizona?

In the state of Arizona, the fees that a lawyer may charge typically range between 33.3% to 40%. However, the team at Brad Johnson Injury Law is not like typical lawyers. We work on a contingency fee, meaning we are only paid if we successfully collect on your claim, but we also only take 25%. We are going to battle and get you every cent you are owed, we leave you with more money in your pocket than the other lawyers.

chart comparison

Phoenix Car Accident Lawyer

Having an experienced and skilled legal expert on your side is critical following the aftermath of your auto accident. Call Brad Johnson about your free consultation to see what kind of compensation you are entitled to. Our team gets results, let us go to bat for you against the insurance companies so you can focus on what matters most in these high-stress situations.

Filed Under: Personal Injury

Dog Bite Injury Case Evaluation

October 12, 2023 by Brad Johnson

Being the victim of a dog bite can be one of the most scary things someone experiences in their life. The range of potential severe injuries is staggering- between cuts, bruises, lacerations, and a whole lot more a dog can unleash intense physical and psychological damage. So, what is my dog bite injury worth? Like almost anything- it depends. No matter the level of severity, liability for a dog bite is almost always on the owner and not the victim. Regardless of the level of severity you face- seek medical attention and then contact the offices of Brad Johnson Injury Law. Settlements for a dog bite are based on several factors like medical bills incurred, lost wages, veterinarian bills, pain and suffering, lost quality of life, and emotional distress. The Insurance Information Institute found that the average insurance claim for a dog bite was $64,555 in 2022. If you need a dog bite injury lawyer or you’re looking to learn how to protect yourself, read along as we explain what your case could be worth. 

Dog Bite Statistics

Prevalence

Understanding the prevalence of dog bite injuries is a critical first step in addressing this issue. In Arizona, these incidents are not uncommon, affecting individuals of all age groups and demographics. Data reveals that while some injuries are minor, many cases result in severe wounds and even hospitalization. It’s essential to be aware of the locations where dog bites are more likely to occur, whether it’s in the familiarity of one’s own home, during public interactions, or in specific neighborhoods. 

Severity

The statistics on dog bite injuries in Arizona highlight the varying degrees of severity experienced by victims. While some individuals may suffer minor wounds, many cases result in more severe injuries, including puncture wounds and tissue damage. This range underscores the importance of taking immediate first aid measures when a dog bite occurs. Notably, we also find a concerning number of cases where dog bites lead to infections and the potential transmission of diseases. Moreover, we cannot overlook the psychological and facial injuries that can result from dog bites, which often have long-term effects on victims’ lives. It is clear that understanding the diverse range of dog bite injuries is crucial for providing appropriate medical care and legal support.

Hospitalization Rates

In many cases, dog bite injuries can be severe, leading to hospitalization for medical treatment and recovery. The associated costs can be substantial, not only in terms of medical expenses but also in the physical and emotional toll it takes on the victim. Understanding the frequency of hospitalization underscores the need for comprehensive legal representation and compensation to address these significant challenges, helping victims on their path to recovery.

dog bite hospitalization costs

Liability and Negligence

Dog Owner Responsibility

When it comes to dog bite injury cases, a crucial aspect to consider is dog owner responsibility. Arizona’s laws place a significant onus on dog owners to prevent such incidents. Dog owners are legally responsible for ensuring their dogs do not pose a threat to others. Understanding this responsibility means that dog owners must take appropriate steps, such as leash usage and training, to prevent dog bites. Negligence on the part of dog owners can lead to serious legal consequences. In these situations, knowledge of dog owner responsibility is paramount to building a strong case and ensuring just compensation for the victim.

Landlord Liability

In dog bite injury cases, an aspect that often arises is the potential liability of landlords. Our analysis shows that in Arizona, landlords can be held legally responsible if a tenant’s dog bites someone on their property. This significant legal consideration extends to the duty of landlords to ensure a safe living environment for their tenants and neighbors. Understanding landlord liability is crucial for both landlords and tenants, as it underscores the need for appropriate precautions, such as lease agreements that address dog ownership. Our data reveals that instances of dog bites occurring on rental properties can lead to complex legal challenges, making it essential for legal representation to navigate this aspect effectively. Recognizing the role of landlords in dog bite injury cases is a critical step towards achieving justice and fair compensation for victims.

Caregiver Responsibility

Research demonstrates that caregivers or temporary guardians of a dog can be held accountable if a dog under their care bites someone. This responsibility extends to ensuring that the dog is properly controlled and does not pose a threat to others. Understanding caregiver responsibility is crucial for both caregivers and those who entrust their dogs to others, as it underscores the legal obligations and potential consequences involved. Recognizing the role of caregivers in dog bite injury cases is a vital step towards ensuring the rights of victims and pursuing fair compensation.

Provocation and Self-Defense

The aspect of provocation and self-defense is essential to consider in dog bite injuries. Some dog bite incidents occur in situations where a person’s actions could be construed as provoking the dog or defending oneself from perceived harm. Understanding these dynamics is crucial for building a strong legal case, as they may affect liability and legal outcomes. When dog bite injuries result from provocation or self-defense, the legal responsibility often hinges on determining the circumstances surrounding the incident. In such cases, knowledgeable legal representation is vital for assessing the evidence, understanding the nuances, and ensuring a fair resolution that considers all factors.

Legal Process After a Dog Bite

Filing a Lawsuit

Filing a lawsuit is a pivotal step in addressing dog bite injury cases. This legal action allows victims to seek compensation for their injuries and losses. Understanding the process of filing a lawsuit is crucial, as it involves gathering evidence, preparing a case, and initiating legal proceedings. The success of a dog bite injury lawsuit often depends on the strength of the evidence presented and the thoroughness of the case preparation. In such situations, seeking experienced legal representation is instrumental for guiding victims through this complex process and ensuring their rights are protected.

Negotiating a Settlement

Negotiating a settlement is a critical phase in dog bite injury cases. This process allows victims to reach an agreement with the dog owner or their insurance company without going to trial. Understanding the steps involved in negotiating a settlement is essential, as it can significantly impact the compensation received. Successful negotiation often hinges on skilled negotiation techniques, the strength of the evidence, and effective legal representation.

Going to Court

When a dog bite injury case reaches the point of going to court, it signifies a more complex legal process. This involves a trial procedure, legal representation, and a more formal legal setting. Understanding what happens when a dog bite injury case goes to court is crucial, as it entails presenting evidence, legal arguments, and a decision by a judge or jury. The outcome of a court trial can significantly impact the compensation received. In these situations, having experienced legal representation becomes paramount to navigate the courtroom procedures effectively and advocate for the victim’s rights.

Dog Bite Injury Types and Severity

Dog bite injuries encompass a wide spectrum of severity, from minor wounds to life-altering harm. Understanding the various injury types and their severity is essential in addressing the consequences of dog bites. We’ve observed that some cases result in minor injuries, including scratches and bruises, often requiring simple first aid. However, more severe injuries such as puncture wounds and tissue damage can lead to serious medical complications, requiring immediate and ongoing treatment. Our data highlights that the potential for infection and disease transmission from dog bites is a significant concern, underscoring the importance of prompt medical attention. Notably, facial and psychological injuries are not uncommon in dog bite cases, with long-term impacts on victims’ lives. Recognizing the diverse range of injuries is vital for both medical treatment and legal support, ensuring victims receive the care and compensation they need.

Compensation and Damages

Medical Expenses

Medical expenses are a significant aspect of dog bite injury cases, encompassing the costs associated with emergency care, surgeries, ongoing treatments, and rehabilitation. These expenses can be a substantial burden on victims. Understanding the potential medical costs is crucial, as it highlights the financial impact that dog bite injuries can have. In such cases, our data underscores the importance of seeking fair compensation to cover these expenses, as well as the need for experienced legal representation to advocate for the victim’s rights. Recognizing the scope of medical expenses is instrumental in ensuring that dog bite victims receive the necessary medical care and support for their recovery. By addressing these costs, victims can focus on healing and rebuilding their lives.

Pain and Suffering

Pain and suffering in dog bite injury cases extends beyond the physical injuries and encompasses the emotional distress and psychological trauma experienced by victims. These non-economic damages can be substantial and life-altering. Understanding the emotional toll that dog bite injuries can have is crucial, as it underscores the importance of addressing these aspects in legal claims. There should be an emphasis on the role of experienced legal representation in quantifying and seeking compensation for pain and suffering. Recognizing the emotional and psychological impact is essential for ensuring that victims receive not only medical care but also support for the emotional challenges they face during their recovery. 

Lost Wages

Lost wages are a significant concern for dog bite injury victims, as the recovery process can often lead to missed work and income. Financial losses can compound the overall burden of a dog bite injury. Understanding the impact of lost wages is crucial, as it highlights the economic challenges faced by victims. In such cases, our data underscores the importance of seeking compensation for these lost earnings, along with other damages. Recognizing the financial strain caused by missed work is essential for helping victims regain financial stability while recovering from their injuries.

Legal Fees and Costs

Legal fees and costs are factors that often arise in dog bite injury cases. Pursuing legal action, including filing lawsuits or going to court, may involve legal fees and associated costs. At Brad Johnson Injury Law, we offer free case evaluations, meaning we can give you a full scope of the process ahead of you. Our team also functions on a lower layer fee, most firms will take 33% but our team asks for 25%. By addressing these financial considerations, clients can make informed decisions about their legal representation and the pursuit of compensation.

Dog Bite Injury Lawyer in Phoenix, AZ

In the unfortunate event that you or a loved one has been the victim of a dog bite, it’s crucial to remember that you don’t have to navigate the complexities of the legal process alone. Brad Johnson Injury Law is here to stand by your side, ensuring that you receive the legal compensation you are entitled to. With our experience in handling dog bite injury cases, we have a deep understanding of Arizona’s laws and regulations. We are committed to fighting for your rights, so you can focus on your recovery. Our compassionate and dedicated team is ready to provide you with the guidance and support you need. Don’t let the physical and emotional trauma of a dog bite go unaddressed. Contact Brad Johnson Injury Law today to discuss your case and discover the path to justice and fair compensation. Your well-being is our top priority.

Filed Under: Dog Bites, Personal Injury

ADOT Publishes Annual Fatal Crashes Report | Brad Johnson Injury Law

August 7, 2023 by Brad Johnson

Car accidents can have devastating consequences, making road safety a paramount concern in Arizona. To gain a comprehensive understanding of the challenges and trends, the Arizona Department of Transportation (ADOT) annually publishes a Fatal Crashes Report. They recently just shared their report from the 2022 statistics, we will explore the crucial findings revealed by the report, share essential tips for staying safe on the road in Phoenix, and provide guidance on what to do immediately after a car accident, as well as the necessary steps to take when a loved one passes away in a car accident.

The ADOT’s annual report serves as a valuable resource for understanding fatal car accidents in Arizona. The comprehensive analysis of trends, contributing factors, and demographics allows us to identify areas of concern and take appropriate action to improve road safety. In this recent report, it was revealed that 2022 had the highest number of fatal crashes in the state of Arizona.

Fatal Car Accident Statistics in Arizona

Recent statistics reveal alarming trends in fatal car accidents in Arizona. The rising numbers and vulnerable road users affected by these accidents emphasize the need for proactive safety measures to protect all road users. AZCentral reports that of the nearly 120,000 accidents in the state during the last year, 1,178 were fatal. About 75% of the fatal crashes occurred in urban areas.

How Can Phoenix Drivers Stay Safe on the Road?

Promoting road safety starts with responsible driving practices. As Phoenix drivers, it is essential to prioritize defensive driving, avoid distractions, adhere to speed limits, and maintain regular vehicle maintenance to ensure the safety of all road users. 

  • Obey speed limits
  • Wear a seatbelt
  • Use caution during adverse weather conditions
  • Be aware of your surroundings

What to do After a Car Accident

Knowing what steps to take immediately after a car accident can make a significant difference in the outcome. If involved in an accident, first, check for injuries and call emergency services for medical assistance. Then, document the scene, exchange information with other parties, and report the incident to the local authorities. Consulting with a trusted and reliable Phoenix auto accident attorney can be one of the best decisions you could make after your accident.

What to Do After a Loved One Passes Away in a Car Accident

The loss of a loved one in a car accident can be overwhelming, but knowing the necessary steps can help ease the process. Notify the authorities, seek emotional support, and address legal and financial matters, including potential wrongful death claims. Allowing qualified and experienced experts to take the lead in these areas is tremendously important, allowing you to focus on consoling your loved ones and yourself and letting them work in the background.

Car Accident Attorney in Phoenix

For those dealing with the aftermath of a car accident and seeking legal support, Brad Johnson Injury Law is a trusted partner in Phoenix. With a dedicated team of experienced attorneys, the firm aims to fight for your rights and secure the compensation you deserve.

Filed Under: Personal Injury

Golf Cart Driving Guidelines in Litchfield Park

July 6, 2023 by Brad Johnson

Litchfield Park city officials have recently issued a warning, emphasizing the importance of following regulations to avoid danger and citations. Stay tuned to Brad Johnson Injury Law for future updates and valuable information to ensure your safety as you navigate the streets of Litchfield Park in your golf cart. Together, let’s promote responsible and secure golf cart driving in our community.

Litchfield Park, a golf cart-friendly community in the Phoenix area, is reminding residents to follow safety rules when driving golf carts on public roads. City Manager Matthew Williams emphasized that drivers must be of legal driving age, possess a driver’s license, and ensure their golf carts are registered and insured. Additionally, the speed limit for golf carts is set at 25 mph. Williams highlighted the importance of remaining seated in the golf cart and avoiding risky behavior such as hanging off the side or taking selfies. While golf carts are permitted on pathways, they are not allowed on sidewalks. Certain roads, including Dysart Road, Camelback Road, Litchfield Road, and Indian School Road, are off-limits to golf carts, while residential streets like Old Litchfield Road permit their use. The city has experienced few incidents involving golf carts in recent years, with warnings given during the few traffic stops conducted. The upcoming Litchfield Square development will not include pathways for golf carts. Litchfield Park aims to maintain its golf cart community while prioritizing safety and preventing accidents.

Are you a resident of Litchfield Park or the surrounding Phoenix area? Do you enjoy the convenience and fun of driving a golf cart on the roads? As a law firm specializing in personal injury cases, Brad Johnson Injury Law urges you to prioritize safety when operating a golf cart. Remember to follow the rules set by Litchfield Park city officials: obtain a driver’s license, register and insure your golf cart, and adhere to the speed limit of 25 mph. Stay seated at all times and avoid risky behavior that could lead to accidents. Let’s work together to preserve the golf cart community while keeping everyone safe. Protect yourself, your loved ones, and your fellow residents. Stay informed, follow the guidelines, and promote responsible golf cart driving in Litchfield Park. Your safety matters!

Filed Under: Personal Injury

What to Look for in a Personal Injury Lawyer in Phoenix

February 22, 2023 by Brad Johnson

If you’ve been injured in an accident in Phoenix, you may be searching for a personal injury lawyer to help you get the compensation you deserve. But with so many attorneys to choose from, how do you know who to trust? Here are some key qualities to look for in a personal injury lawyer in Phoenix, and why Brad Johnson is a top-rated attorney who checks all the boxes.

Rolled over Car Accident

Experienced Injury Lawyer

Look for a lawyer who has a proven track record of success in handling personal injury cases in Phoenix.

Brad Johnson has more than 30 years of experience as a personal injury lawyer in Phoenix. He has successfully represented clients in a wide range of cases, and he has recovered millions of dollars in compensation on their behalf.

Find a Lawyer that Communicates With You

A good lawyer should be able to explain complex legal concepts in a way that’s easy to understand, and keep you informed throughout the legal process.

Brad Johnson is known for his clear and concise communication style. He takes the time to listen to his clients and explain legal concepts in a way that is easy for them to understand. Brad also keeps his clients informed every step of the way, so they always know what’s happening with their case.

Legal Resources

Find a lawyer with the resources to fully investigate your case, such as access to expert witnesses and other professionals.

Brad Johnson has a team of skilled professionals who work with him on each case, including investigators, medical experts, and accident reconstruction specialists. This allows him to fully investigate his clients’ cases and build a strong case for maximum compensation.

Personable Lawyer in Phoenix

You want a lawyer who will give your case individual attention and treat you like a priority, not just another case number.

Brad Johnson personally handles all cases from the initial intake to the resolution of a case.He also makes himself available to his clients and encourages them to reach out to him with any questions or concerns they may have

If you’ve been injured in Phoenix and need a top-rated personal injury lawyer, Brad Johnson is an experienced attorney with the communication skills, resources and personal attention.. Contact him today to schedule a consultation and find out how he can help you get the compensation you deserve.

Filed Under: Personal Injury

Compensation for Burn Injuries at Work

March 21, 2019 by Brad Johnson

Workplace burn injuries can be particularly difficult to recover from. Workers may experience many different types of burns, including chemical, electrical, and thermal burns from dangerous conditions. This type of injury can have serious consequences. Severe burn injuries may require skin grafting and leave burn victims at risk of infection.

Because of the seriousness of these injuries, many burn injury victims are able to receive compensation from their employers.

Workers’ Compensation Benefits

In certain circumstances, you may be eligible to receive workers’ compensation from your employer.

In order to be eligible to file a claim, the injury must be significant enough that simple first aid is not enough to treat the burn – further medical attention is needed in order to qualify for benefits. Additionally, the injury must have occurred during the scope of your employment, even if it took place away from your normal place of work. It doesn’t matter if it was your fault, or how the burn occurred, you will still be eligible for benefits.

For example, if you receive a serious chemical burn while working offsite, you can still seek workers comp for your injuries, regardless of who or what caused the injury.

Not everyone is able to receive workers comp. Your eligibility will also depend on your employment status. Full-time and part-time workers are typically eligible for benefits, but independent contractors, freelancers, and many volunteers typically cannot file claims against their employers.

Types of Compensated Expenses

In your workers’ compensation claim, you can receive compensation for a number of different types of expenses.

Medical Expenses

Injured workers can have a significant number of medical expenses stemming from burns at work. This is especially true for electrical burns, which can cause serious internal tissue damage and often requires hospitalization.

If you are injured at work, you may be required to go to a doctor of your employer’s choice for your first diagnostic appointment. For future appointments and treatment, you may see a doctor of your choice.

However, not all medical treatments are covered. If the treatment is considered therapeutic, rather than necessary for medical improvement, it may not be covered by your claims. Many employers try to limit the amount of medical treatment paid through workers’ compensation, so you should be prepared to demonstrate the medical necessity of your treatments.

In order to maximize your compensation for medical expenses, you should keep all paperwork you receive from your physician, especially documentation related to your treatment plan. Keep track of all your medical bills, including prescription medication in order to demonstrate the expenses you incur as a result of your injury.

Lost Wages

Workers suffering from burn injuries may also be eligible to receive compensation for lost wages due to time spent out of work. Typically, injured employees receive approximately two-thirds of their monthly salary through workers’ comp claims. Additional payments may be available if you have dependents.

Suing Your Employer

Accepting workers’ compensation payments typically means that you aren’t able to sue your employer if you are hurt on the job.

Despite this limitation, there are certain situations where you may be able to seek further compensation. For example, if your workplace does not have proper insurance, you can pursue your employer in court for medical expenses and lost wages you would otherwise have been entitled to.

Additionally, if there was “willful misconduct” on behalf of your employer or a co-worker, you can initiate litigation against both parties. This type of conduct must be more than simple negligence. There are three common scenarios:

  • Your co-worker or employer deliberately violated a safety order or another law, and the violation caused your injury. This situation may arise if, by law, your employer is required to provide safety equipment that meets a certain standard, yet fails to do so. If you receive burns due to the lack of proper safety equipment, you might be successful in your lawsuit.
  • Your employer knew you faced serious injury and required you to proceed with the dangerous situation regardless of the probable consequences.
  • Your co-worker’s actions injuring you were deliberate, such as by deliberately spilling chemicals on your skin or playing a “joke” by rewiring electrical circuits to give you a shock.

If one of these situations occurred, you may be able to proceed with a civil lawsuit on top of your worker’s compensation claims.

This article does not provide legal advice or form an attorney-client relationship. If you received a burn injury while at work, contact our experienced personal injury attorneys to discuss your options with a free legal consultation. Our law firm is dedicated to ensuring that our clients receive the best service possible while recovering from their injuries.

Filed Under: Personal Injury

Passengers in Car Accident Settlements

March 7, 2019 by Brad Johnson

Few things in life are as disruptive as a car accident, especially when you are the passenger. However, even if you aren’t driving the vehicle at the time of an accident, you can still seek settlements to cover any injuries you incur.

Here is what you should know if you are a passenger injured in a car accident.

Typical Passenger Injuries

There are a number of common injuries that passengers in car accidents suffer from. These may include:

  • Head injuries, including concussions or traumatic brain injury
  • Neck, back, or spinal cord injuries, including whiplash
  • Broken bones due to the force of impact
  • Cuts, bruises, and lacerations from broken glass

Related article: Common Car Accident Injury Symptoms

For serious accidents, you should seek immediate medical attention. Even if you were able to walk away from the scene of the accident, speak with a doctor to document your injuries and preserve your ability to make a claim in the future. If you are pregnant, you should get checked out after any car accident, no matter how minor.

Remember: when you are riding in a car, you should always wear your seatbelt. Passengers in the front seat should never put their legs on the dashboard, because it is an additional risk to their legs and feet if the airbags deploy.

What You Can Recover

As a passenger involved in a car accident, when you are seeking recovery, there are two types of damages you can receive as part of a personal injury claim.

You can ask for specific damages. These are economic damages that are easy to calculate and have a price tag attached to them. These include:

  • Medical bills, as well as any costs incurred traveling to and from doctors’ appointments,
  • Lost wages, due to time spent away from work while recovering from the accident, and
  • Personal property damage, such as the cost to buy new clothing or to repair your phone.

While you are in recovery, keep track of every receipt in order to maximize your recovery.

You may also seek general damages. This type of damage includes pain and suffering or loss of enjoyment of everyday activities. While money may not be able to fix the ache in your neck every time it rains, it is a substitute for the pain or discomfort you suffer as a result of the auto accident.

Who to Pursue

As a passenger, you have several options for whose insurance company you can file a claim against.

First, you should consider filing a claim against the other driver’s insurance. This may provide some or all of the financial relief you need. However, Arizona’s minimum requirements for liability insurance may not be enough to cover the extent of your injuries. This is especially the case if there were multiple drivers involved, because the coverage amount will be split among each individual’s personal injury case.

Second, you may consider filing a claim with the insurance policy of the driver of the car you were in. Their insurance may provide additional coverage, which will allow you to recover from the accident. If you were in a rideshare car, such as an Uber or Lyft, your driver may have up to $1,000,000 in bodily injury coverage.

Third, your own auto insurance company may be able to provide some relief as well. It may make your rates go up, but it may seem small when compared to facing tens of thousands of dollars in medical bills. If the other driver was uninsured, you may also be able to make a claim through your own uninsured motorist coverage.

Finally, you should speak with your personal health insurance provider for assistance in paying for your medical costs – after all, this is why you pay premiums each month.
This article does not provide legal advice and is for informational purposes only. If you were injured as a passenger in a car accident, contact our experienced personal injury attorneys today to understand your options for recovery.

Filed Under: Auto Accidents, Personal Injury

Grocery Store Slip and Fall Settlements

November 29, 2018 by Brad Johnson

Grocery store slip and fall settlements are not uncommon. If you suffer significant losses, you may be entitled to a grocery store slip and fall settlement. Slip and fall accidents are instances in which you receive compensation from a company for the losses you suffered due to negligence. It is best to work with an experienced law firm to learn more about filing this type of claim. Understanding who is responsible for the accident is essential to the settlement.

Breaking Down Grocery Store Slip and Fall Settlements

To file for a grocery store slip and fall settlement, generally, you must be able to prove that the company knew there was a risk present, had the time to react to fix the problem, and failed to do so in an effective and timely manner. In a grocery store, the floors often become wet when a product breaks open or after mopping. There may even be damage to the flooring that can cause a person to trip. In a retail store such as this, the property owner and managers are responsible for ensuring it is safe for individuals to use.

This type of loss is considered premises liability. The location has the responsibility to ensure the property is safe for you to use. Yet, a slip and fall injury is not always a simple claim. There are instances in which you may find it hard to pursue such a claim, especially if the location took steps to warn you of the danger or you caused the danger to occur. That is why working with an attorney specializing in cases involving personal injury at a retail location is so important.

Do You Have a Personal Injury Case?

Meeting with an attorney to discuss your claim is the best action you can take. You may have a case if you were injured in a slip and fall accident as a result of the negligence of another person or a company. There are several steps you must take to ensure you receive the compensation owed to you.

To prove you have a case, determine what occurred and whether or not the property manager or owner is responsible.

  • Was there a clear danger present? For example, you may have suffered a loss due to a wet floor. Did you suffer some type of loss as a result?
  • Did the property manager or owner know of the danger? Generally speaking, this is based on whether a reasonable person would have known of the existing danger. For example, did someone alert the person in charge of the danger?
  • Did the person in charge have enough time to make changes to minimize the risk? A wet floor sign is one example of this.

What Type of Damages Are Owed to You?

Store injury settlements should include all losses you suffered as a result of the incident. Grocery store slip and fall settlements may include losses such as the following:

  • Medical bills you suffered due to the incident
  • Lost wages or time at work due to medical needs
  • Legal advice expenses
  • Any long-term medical rehabilitation you need
  • Other financial losses you suffered

It is important to file a claim with the grocery store’s insurance company. However, in most cases, you need a personal injury attorney working with you through this process. Our team is experienced and can help you ensure any retail store negligence is fully resolved and work to make sure you are compensated as a result of the negligence. This article is not legal advice. Contact us today to learn more about trip and fall settlements.

Filed Under: Personal Injury

Pedestrian Emergency Care After an Accident

April 2, 2018 by Brad Johnson

Being involved in an accident is terrifying and can lead to serious injury, and as a pedestrian, it can be especially painful, if not life-threatening. Being completely exposed upon impact can lead to severe injuries, and if the person is lucky not to be severely injured, there will more than likely be some sort of injury that needs care. As the adrenaline from the accident rushes over you, keeping a calm head and ensuring proper care and treatment can mean the difference between life and death, as well as keeping you from getting in legal trouble.

Here’s what to do after the accident

  1. Breathe. All too often, we hear stories of people who panic and do something rash in the heat of the moment. Taking a moment and trying to calm yourself down will make sure that everyone around you does not get harmed further.
  2. Assess the situation. Identify if you are hurt, and if so, where? Adrenaline and shock can make it seem like you are fine when in reality, you are far from it. Taking a moment to collect yourself and see what is damaged can prevent a bad situation from turning worse. Also, take a moment to see if the accident was minor. If so, it is best to move off to the side to reduce danger and confusion. But do not move the vehicle or the pedestrian involved if the accident was more serious.
  3. Call 911. This may be cliché, but this is most likely the most important step. Law enforcement will assist in the legal ramifications of the incident, and if there are injuries having medical attention is crucial. It is important to do this quickly, as the sooner you make the call, the sooner the injured parties can get help.
  4. Call your insurance company. Getting your insurance company on the phone, whether you are at fault or a victim, will help get you through this process smoothly.

If you were involved in an accident but don’t think you were hurt, it is still important to get medical attention. There are instances when something is severely damaged that you do not feel right away, and finding out what is wrong will be vital to your insurance claim as well as your long-term health. If you can, see a doctor or visit an urgent care center to see if you are ok. This process is also important for insurance companies; if they see that too much time has passed since the accident and the onset of the injury, they may be skeptical and not be willing to pay. Not all pain is so bad that you cannot move.

Our body exhibits pain symptoms in various ways; below are some things to look for if you think you may be hurt.

  1. General pain. This could be a sharp or dull pain and is the most common. Most people have felt this before, and you will clearly know that something is wrong.
  2. Numbness. You may think you are fine, but when you take a moment to breathe, you may realize that something feels numb. This is a telltale sign that there is something wrong internally, and you should seek medical attention.
  3. Dizziness. When you are dizzy after an accident, it is typically associated with head trauma. It is essential that you seek medical care as soon as possible for head injuries, as more often than not, they are far more severe than you may realize.

It is also important to remember that if you see someone who has been injured in an accident, you should help them only under certain circumstances. Ideally, someone trained in first aid or CPR should assist in stabilizing the individual. Failure to receive permission from the person before helping them or being properly trained could result in massive legal action against you. This is not to say not to help an injured person, rather confirm with them that they are comfortable receiving help. Do not try any intensive medical procedures, leave that to the professionals, but assisting them in movement or helping to stop bleeding are some examples that most people are capable of.

If you or someone you know has been the victim of a pedestrian accident, they may be able to receive a pedestrian injury settlement. This is part of the reason it is important to make sure that everything is done in the proper manner. Please, do not hesitate to contact Brad Johnson Injury Law if you need legal help for your case. Remember, your well-being is the number one priority in an accident, and material things can be replaced, but a life cannot.

Filed Under: Auto Accidents, Personal Injury Tagged With: Pedestrian Accident, Pedestrian Emergency Care

How Are Pedestrians Responsible for Car Accidents?

March 10, 2018 by Brad Johnson

The barometer for measuring whether a pedestrian’s actions caused a car accident is the word “unreasonable”. In other words, pedestrians are almost never the cause of a motor vehicle crash. Yet, when a pedestrian behaves in an unreasonable way and that unreasonable action causes a car accident, the barometer swings toward being a pedestrian-caused incident.

With distraction becoming an epidemic among those behind the wheel, and pedestrians on sidewalks, and in store aisles, it has become commonplace for texting pedestrians to bump into people and things. These and other factors raise a growing list of causes of pedestrian accidents. What ARE those incidents where pedestrians are most commonly at fault for causing a motor vehicle accident?

Incidents Where Pedestrians are Responsible & at Fault

  1. Distraction is a growing problem. Both pedestrians and drivers alike fight the urge to check their phones for messages, check their GPS for directions, or check their phones to watch the Dow Jones. Technology is only part of the problem, as more people are eating, drinking, talking, and smoking while walking.
  2. Drunk walking. The same reasons that drinking and driving is banned are another reason to consider walking while drinking a risky activity. Slower reaction times and poor spatial judgment are combined with a relaxed state of mind to stir up a dangerous soup for drunken pedestrians.
  3. Ignoring traffic signs and rules. Anytime a person crosses a street or roadway, the propensity to be hit exists. Rules and signs are in place to offer pedestrians the safest possible crossing. Pedestrians who walk astride the law are putting themselves in danger.
  4. Bus vs. pedestrians. Many urban pedestrian accidents involve buses. With people onboarding and leaving buses in busy streets, often other traffic does not witness the person leaving the bus until it is sadly too late.
  5. Pedestrians wearing dark nighttime colors. Walking after dark is difficult, as it is a challenge for the walker to see where he or she is going. The worst part about darkness for the pedestrian, though, is being seen or not being seen, as it were. Pedestrians walking in the dark in dark clothing are a collision waiting to happen. If you must walk at night, white or reflective clothing is critical.

Irresponsible or negligent pedestrians can be as dangerous as an impaired driver in wreaking havoc with motorists. One problem that emerges from pedestrians behaving badly is a panicked driver who is fearful of hitting the person. Drivers often cannot stop or control their cars in a split second, and they make poor driving decisions. At this juncture, the driver has one of several circumstances to deal with. The driver either hits the pedestrian and then is forced to manage the situation and prove he or she was driving lawfully. Or the driver slams his foot on the brake, causing him or his passengers to be injured. Or the driver steers away from the pedestrian and ends up hitting other vehicles, bicycles, structures, or other people.

If you have been involved in a car accident where a pedestrian’s actions caused or contributed to the accident, you need a pedestrian accident attorney to help guide your next steps. If you were the driver, the pedestrian, or a passenger, you may be eligible for medical damages if you were injured or lost wages if you were unable to work for any reason afterwards. The best thing for you is to avoid engaging in any blaming game with the others involved. Your pedestrian accident attorney can help you sort out all the facts and decide the best approach to dealing with your role.

Brad Johnson Injury Law has been helping people with pedestrian accidents for more than 20 years. When your situation calls for expertise and an attorney who knows the courts and the laws around pedestrian accidents, we can help. Call today to schedule your consultation. Preserve your rights and call today.

Filed Under: Auto Accidents, Personal Injury Tagged With: Pedestrian Injury, Road Accident Injury

Common Causes of Pedestrian Accidents

January 24, 2018 by Brad Johnson

Enjoying the outdoors on a walk or walking for transportation in Arizona are among the benefits of living in a warm climate year-round. With distraction at the wheel now blamed for about 11 percent of all automobile accidents in Arizona—a statistic that is growing–pedestrians are at risk as often as fellow drivers. There are more than 50,000 pedestrian accidents per year in the USA, according to the National Highway Transportation and Safety Authority. Distraction is one of the causes of these pedestrian accidents, but there are many others.

It is true pedestrians have the responsibility to be as aware as drivers when walking in busy areas. Yet, negligence behind the wheel is the culprit in most pedestrian accidents.

These are among the most common driver causes of negligence behind the wheel:

  • Ignoring weather and traffic conditions
  • Speeding
  • Distracted driving such as talking on the phone or texting
  • Ignoring traffic signals or signs
  • Failing to alert others to your intentions such as signaling to turn
  • Failing to stop at crosswalks for pedestrians
  • DUI

Anytime a driver is behind the wheel and is not fully engaged in driving or in following the rules of the road, people are at risk. Whether the people around these kinds of drivers are walking, in a crowd, on a bicycle, or in a car, catastrophe is a potential threat. Pedestrians may be the most vulnerable of all since they are not protected by anything and have nothing to break the impact or to get away quickly. But what about the pedestrian’s responsibility to be aware and to use pedestrian caution. There are rules of the road for people walking too.

Guidelines for Pedestrian Caution

High-volume city areas have the highest incidence of pedestrian accidents for a few obvious reasons—more vehicles and more pedestrians. There is the idea that there is safety in numbers which leads to pedestrians who are also distracted and not mindful of their surroundings.

Here Are Some Other Potential Dangers Pedestrians May Create:

  • Failing to yield at “Walk” signs when crossing at an intersection
  • “Jaywalking” or failing to use marked crosswalks
  • Jumping in front of or walking into traffic without looking
  • Disrupting traffic flow by entering the road

If you walk frequently for recreation, exercise, or to get to work or school, there are some precautions you can take to lessen the chance of being involved in a pedestrian traffic accident, especially if you must be out early in the morning dawn or late at night. Wearing bright, reflective clothing or using reflective tape to be seen on a backpack, hat, or jacket to help drivers notice you. Another tool is to secure an inexpensive, blinking light from a bike shop and attach it to your hat or purse to increase visibility. Taking care to be aware of your surroundings while you walk can alleviate many of the potential dangers listed above.

If you are involved in a pedestrian accident, you can tamp future issues by following a few simple steps. First, remain calm and move to a safe area and out of traffic right away. Call the police and be part of the reporting process. Never leave the scene before help arrives and trade your contact information with any witnesses at the scene. Do not say anything to anyone at the scene about what you saw, did or didn’t do. If you were the pedestrian, the driver, or a passenger, being respectful, yet reserved in offering information is important. Often, pedestrians and drivers immediately begin blaming one another. Do not fall into this trap. Finally, contact a pedestrian injury attorney.

Call an Experienced Pedestrian Injury Lawyer

Pedestrian accidents range from minor scrapes with vehicles to tragic fatalities. If you have suffered an injury in a pedestrian accident, Brad Johnson Injury Law is your pedestrian injury firm. We can help you get what you need to heal and recover any damages you sustained from medical expenses to lost wages. You may also be eligible for compensation for the pain and suffering you endured because of the accident.

Call our firm today to learn how we can help you, without any out-of-pocket expense to you. As pedestrian accident attorneys, we know how to work with insurance companies, law enforcement, and your medical providers to help you get what you need to get back on your feet after a pedestrian accident.

Filed Under: Auto Accidents, Personal Injury Tagged With: Negligence Behind The Wheel, Pedestrian Caution

Do I Have A Personal Injury Case?

August 6, 2015 by Brad Johnson

Before determining if you have a case, it’s important to understand what a personal injury is. In legal terms, personal injury describes an injury to the body, mind, or emotions. It does not include claims for property damages to items such as your home, car, or possessions.

Personal injury is typically the result of the negligence or carelessness of another person or entity. If someone sustains an injury from a car accident, dog bite, slip and fall, pedestrian accident, medical malpractice, or defective product and is not at fault, a personal injury claim may be filed to collect compensation.

Car Accident Injury

Car accidents are a very common type of personal injury case. If a person is injured in a car accident as a result of another driver’s negligence, the victim may be able to sue for damages. In addition to covering medical expenses, the injured driver may be entitled to compensation for vehicle damage, lost income, and possibly even emotional suffering.

Workplace Injury

Workplace injuries can be the subject of a personal injury case if the injury was sustained in the place of work and is directly related to working conditions. Even if your employer offers workers’ compensation insurance to help cover medical costs after an injury on the job, opening a legal case may be beneficial in situations of severe injury, as it may cover incalculable costs like pain and suffering.

Medical Malpractice Injury

Medical malpractice personal injury cases can be filed when there was negligence by a medical practitioner that resulted in injury or death. However, the victim has to prove that the injury resulted from some incorrect action or inaction by the medical professional.

Not sure if you have a personal injury case worth pursuing? If you are dealing with an injury because of someone else’s negligence, it might be a good idea to talk to an experienced injury attorney.

Filed Under: Personal Injury Tagged With: Do I Have a Personal Injury Case, Personal Injury Case, What Is a Personal Injury

What Determines Slip and Fall Settlement Amounts?

July 23, 2015 by Brad Johnson

Slip and fall injuries can happen just about anywhere. A wet bathroom floor at the mall, an icy store sidewalk or a slick grocery store aisle where something has spilled. Maybe you’ve been injured in a similar scenario and are considering a slip and fall lawsuit. If so, it can be tough to decide whether you should pursue a case or not.

Your first question may be, “What are average slip and fall settlement amounts?” While each slip and fall case is unique, there are certain factors that go into deciding a settlement.

The first thing to consider is if you should settle out of court. It is the easiest and least expensive way to cover your damages, but you may not get as much as you deserve. If it is not possible to come to an agreement or aren’t sure if your offer is fair, it’s a good idea to look into retaining a reputable personal injury attorney.

It is not possible to determine how much your case will be worth upfront because a jury makes that final decision. Every slip and fall case and its jury are different and unique, so it’s not really possible to predict a range of compensatory damages. Slip and fall cases run the gamut. For example, a New Jersey man sued Perkins Restaurant when he slipped on ice and fell in the parking lot in 2007. In 2011, according to The New Jersey Herald, he was awarded $1.9 million for that injury. This was just one particular situation where the victim was very badly injured and had $250,000 in medical bills, but it shows these cases can sometimes be very serious and it’s best to speak with a lawyer right away.

Medical Bills

Your medical bills are a fairly objective starting point for your claim because they are easily calculated. So this is where any settlement would begin. It takes into consideration not only past medical bills, but current and future expenses (such as physical therapy) you are faced with as a result of your accident.

Pain and Suffering

This is a highly subjective area which makes it impossible to pin down to actual figures. It usually begins with the amount of your medical bills. From there, the jury may be asked to consider a wide variety of other elements. For example, if you were a competitive horseback rider prior to your accident and now you can no longer ride, you have lost more quality of life than a person who is more sedentary. This would be considered pain and suffering and impact your slip and fall settlement.

Lost Income (Past and Future)

If your injury caused you to miss work, those numbers are easy to calculate into your settlement. But what if your injury prevents you from returning to the same type of work? Then the jury needs to take into consideration the cost of new job training as well as any changes to your future income.

It really is impossible to even give a range of what slip and fall settlements might win. You must take into consideration how much your medical bills are, how much work you’ve lost and how the injury will impact your future quality of life, and then decide if your case is worth pursuing. Consulting a reputable personal injury attorney is an excellent way to find out if your case is something that should go to court.

Filed Under: Personal Injury Tagged With: Slip and Fall Lawsuit, Slip and Fall Settlements

Do I Need a Wrongful Death Attorney?

July 20, 2015 by Brad Johnson

What is “Wrongful Death”?

Wrongful death is when an individual loses his or her life because of the willful or negligent act of another. A wrongful death lawsuit describes a civil action in which damages are sought against a party for causing a death, typically when criminal action has failed or is not attempted.

Some common types of wrongful death cases include:

  • automobile accidents
  • fires
  • construction accidents
  • murder
  • nursing home abuse
  • and many more

Are you trying to decide whether or not to sue or hire a wrongful death attorney?

If so, there are two preliminary questions to consider before speaking with a wrongful death lawyer:

1. Are you legally allowed to sue for wrongful death in the state of Arizona?

Each state lays out its own guidelines for who can and cannot sue in this type of case. In Arizona, you may file a wrongful death suit if you are:

  • The surviving spouse or a child of the decedent.
  • The parent of the deceased if he or she was a minor child.
  • You are the personal representative of the decedent’s estate, however, you may not sue for your own personal gain.

You can only sue for the benefit of the estate and/or surviving family members.

2. Did the defendant’s wrongful conduct create a natural, direct series of events that led to the injury?

According to wrongful death law, the acts of omission of the defendant must have been the proximate cause of the decedent’s injuries and death. For example, did the deceased have an accident in an employee vehicle that was not properly maintained? Or maybe the deceased was gravely injured in a fight with the defendant and those injuries led to his/her death. There are countless ways a wrongful death may have come about, but it’s important to determine whether or not the death was due to someone else’s negligence or willful act.

Contact Wrongful Death Attorney Today

Do you need to hire a wrongful death attorney? Attorney Brad Johnson covers methods to maximize your settlement value. Call us today at 602-598-5694 to discuss your legal options through a free consultation.

Filed Under: Personal Injury Tagged With: Wrongful Death Attorney, Wrongful Death Law, Wrongful Death Lawyers

Are You the Type of Person Who Sues?

August 3, 2012 by Brad Johnson

This is a line I hear from many of our clients in the beginning stages of a claim. When you are injured in an accident, which was not your fault, you are entitled to make a claim (aka sue) against the third-party insurance company. The “third party insurance company” is the at-fault party’s insurance carrier. Most Brad Johnson Injury Law cases settle outside of the courtroom, directly with the third party insurance carrier. Never feel guilty for seeking the benefits to which you are entitled. Insurance benefits, whether auto or health, are called “benefits” for a reason. They are to protect you and provide assistance when an accident or injury occurs.

Our staff is here to serve you and will make the claim process extremely simple. At Brad Johnson Injury Law we are on a first-name basis; ‘Mr. Johnson’ here, just ‘Brad’. We like to make our clients feel at ease and know they can call us with any questions or concerns they may have without hesitation. We are people just like you and are here to help you through this process. Once you hire Brad Johnson Injury Law your only “job” is to be treated by your doctors until you are healed and let us handle the rest!

Filed Under: Personal Injury Tagged With: Accident Claim, Accident Injury, Insurance Benefits, Lawsuit, Settlement, Sue

How To Choose the Right Criminal Defense Attorney

September 28, 2010 by Brad Johnson

No one is prepared to get arrested. No one is financially prepared to hire a lawyer. But, your life and freedom could be at stake. You need someone you can trust to represent your rights in court.

Choosing the right criminal defense attorney could be the most important decision you ever make. You need to take into account several areas of concern including:

  • Experience
  • Past Results
  • Fee Structure
  • Negotiation Skills

At Brad Johnson Injury Law, we treat every person differently, as each case has special needs and unique situations. Our criminal defense attorney will research, investigate, and review every case personally. We will evaluate your case and defend it in every possible way. However, keep in mind that we will first attempt to settle your case.

A resolution or settlement is the result of what is commonly known as “plea bargaining.” People enter into a plea bargain for many reasons. It is not always because they are guilty. Often a person wants the case to simply “go away” as quickly as possible and as painlessly as possible. Other times, a person is accused of many charges and enters into a settlement so that many of the charges are dropped in exchange for accepting responsibility for one.

Most people want their case settled and most cases can be settled. Consider settling when you can settle your case in a manner acceptable to you before taking on a costly trial.

If your case cannot be settled or you are not satisfied with the proposed settlement, you can decide to proceed to trial. In most cases, a flat fee is charged. This means you will not be charged on an hourly basis. You will also know the exact fee for each portion of your criminal case. If your case requires legal services beyond the initial settlement fee, then you will be quoted additional fees for those services up-front.

Filed Under: Personal Injury Tagged With: Criminal Defense Lawyers

How To Prepare For a Criminal Defense Trial

June 7, 2010 by Brad Johnson

If you’re charged with a crime and you’re facing court, there are many things you need to be mindful of if you hope to beat the charge or receive a lesser charge. A criminal trial is held in front of a jury. That means you’re going to be judged on how you look, how you present yourself, as well as what you say and how you say it.

That’s why it’s recommended that, if you are facing a criminal trial, you get the help of a qualified defense attorney. An attorney will walk you through the court process and will help you with all the aspects necessary for you to convince a judge and jury of your innocence.

Of course, you can also represent yourself. If you’re going to do so, you’re going to have to think of everything on your own so that you don’t leave out one detail. Even one tiny skipped detail in a criminal defense trial can seal your fate and cause the jury to convict you of all charges against you.

Personal Appearance

Whether you’re defending yourself or you have a defense attorney, you must be mindful of how you plan to dress during your court appearances. A suit is always a good move, as it makes you look professional. If you have any tattoos, make sure they’re covered up.

Even though you shouldn’t be judged on your appearance during a trial, your personal appearance does make a difference in the eyes of the jury. Men should avoid long hair and excessive facial hair, and women should keep it feminine and modest.

All in all, just make sure you look presentable so that a jury will think there’s no way you could have possibly committed the crime you’re accused of committing.

Demeanor and Speech

Any defense attorney will tell you to keep your mouth shut unless you’re asked a question. In a defense trial, your attorney will do most of the talking, unless you’re asked to take the stand.

But if you’re representing yourself, you’ll want to make sure you speak slowly, refrain from using profanity, and learn the law terms you’ll be using to prove your innocence. The less dangerous you seem, the more lenient a jury will be with you when it comes to conviction and sentencing.

Evidence

Now that you know how to dress and act in a defense trial, you’ll need to focus on what evidence is stacked against you. If you have an attorney, the prosecution will share the evidence they’ve collected that they hope will prove your guilt.
If you’re defending yourself, you can also get copies of all of this evidence. Pore over each aspect of the prosecution’s case. Look for holes that you can argue against, such as timeline problems or alibis you may have. Remember that if you do have an alibi, you’re going to have to call witnesses to the stand to help corroborate them.

It’s not recommended to defend yourself in a criminal defense trial. Unless you have extensive knowledge of the law, you may be in over your head. A wiser course of action is to contact a defense attorney at Brad Johnson Injury Law and have them defend your rights in a court of law.

Filed Under: Personal Injury Tagged With: Criminal Defense Attorney, Criminal Defense Lawyer, Criminal Defense Preparation, Criminal Defense Trial

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