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What to Do After a T-Bone Accident

February 6, 2019 by Brad Johnson

When an accident occurs, your first reaction should be to get help. However, once the dust settles, how do you deal with a t-bone accident, also known as a side impact collision? This type of accident can be deadly. Estimates are that up to 10,000 people die each year as a result of these types of car collisions. If you have been the victim of such a crash, it is critical that you seek out the help of an experienced accident attorney. At Brad Johnson Injury Law, our accident lawyers can manage the entire claims process and guide you step by step.

What Is a T-Bone Collision?

A broadside collision like this occurs when one vehicle smashes into the side of another vehicle, rather than the front or back. This creates a T shape. Most commonly, this happens when someone enters an intersection improperly – usually as a result, two vehicles going in opposite directions collide.
There are various reasons this type of collision occurs. It is always the result of one person failing to yield the right of way to the other party. The question that has to be answered is if someone was negligent and who had the right of way. For example, someone may make an unsafe turn when a light turns yellow or at a stop sign, not recognizing the fact that the other driver is moving. Other people may be making a left turn while another person is going forward. If you run a red light and hit another person, the accident is your fault.

Determining Fault in T-Bone Crashes

One of the biggest problems after a t-bone accident is in regards to fault. When you exit your vehicle, do not to admit any guilt. Simply state what you thought was happening. Perhaps you believe you had a green light. You may believe the other driver was speeding.
Communicate the details of the incident to the police at the scene of the accident. Ultimately, the police officer will use the facts of the case and the evidence on the scene to determine who is at fault.
If you are at fault, your liability insurance may be required to pay for the losses the other driver suffers. If the other party is responsible for the incident, their liability insurance should cover your losses. However, it is the right of all involved to disagree with the incident and for the case to move through detectives and even the court system to determine fault. It is a key advantage to have a car accident attorney in your corner.
If you are at fault for the accident and you have collision insurance, your policy may help cover the losses you face. This may include damage to your physical health and vehicle. Without this type of coverage, you may not have financial protection.

Obtaining Compensation for Your Losses

Filing a claim after a t-bone accident is not simple. You should determine the extent of your losses. This includes any type of monetary amount you lost as a result of the accident. Here are a few key examples that are common after this type of incident.
Medical Bills – Most people have medical bills after a t-bone accident due to the likelihood that they are hurt in the accident. These bills include emergency room costs, as well as long-term needs, such as rehabilitation and therapy. It may also include the costs associated with holistic care such as chiropractor bills. However, only injuries related to the accident are covered.
Lost Wages – Did you miss work because you were in the hospital or recovering? You may have missed work to go to a court hearing as well. Any lost wages due to the accident should be included in your calculation.
Pain and Suffering – This type of accident can create long-term, debilitating conditions. You may be able to claim pain and suffering as well.
Both the driver and passenger in the vehicle can obtain this type of compensation. No matter what occurred, you can file a claim with the involved insurance companies to seek financial support.

Get a Free Consultation From Our Team

As a personal injury lawyer, Brad Johnson Injury Law is here to help you after any accident. For a free consultation with our dedicated car accident attorneys, contact us online or call us at 602-285-6100 today.

Filed Under: Uncategorized

Passenger in Car Accident Whiplash

January 21, 2019 by Brad Johnson

When you are a passenger in a car accident, whiplash is a real concern. You may be struggling with pain, limited movement, and mounting medical bills. As the passenger, you may be unsure who to call or turn to for help in covering your losses. Yet, there is help available to you. If you’ve been involved in a car accident, no matter who is at fault, you should have your own car accident attorney to represent you in this legal matter.

Who Is At Fault?

Passenger injuries are can be devastating or minor. They can involve a few days of missed work or months of rehab. However, who pays for these financial losses depends on the situation. In most cases, accident injuries are paid for by the person at fault, or his or her insurance company.

Who determines fault in an accident, then? Generally speaking, motor vehicle accidents require a police officer to visit the location at the time of the incident to file a report. If this does not happen, it’s possible to head to the police department to gather insight into filing a claim. The police department or investigators determine who is at fault based on the evidence in the case. This evidence includes any physical evidence from the location as well as witness statements, and your information.

Once fault is determined, it is then possible to file an insurance claim with that party’s insurance company. When this happens, it’s up to you, the victim, to detail all of the losses you’ve experienced as a result of the actions or inactions of the person at fault. In a simple situation, you submit the loss amount and the insurance company pays you that amount. However, that’s rarely how easy it is. And, unfortunately, it tends to be best for individuals to seek out the legal support and advice of an attorney when filing these injury claims as a result.

How to FIle a Claim Against the Driver’s Insurance

In situations where you are the passenger in the vehicle and that vehicle is at fault, you have a legal right to file a claim against the insurance policy of that driver. This type of claim is covered under the driver’s liability insurance policy, typically. It can handle losses such as your medical bills and pain and suffering.

What if the person driving the car is actually a relative of yours? Some insurance companies have specific details and limitations on family members filing claims like this. If this occurs, you may find it difficult to pursue coverage for your losses.

How to File a Claim Against the Other Driver

In other cases, the other driver (the one not in the car with you) could be at fault. When this occurs, you have the right to file a claim against that driver’s insurance policy. In a hit and run case, you may also be able to file a claim under your driver’s uninsured motorist insurance plan.
In other cases, the two drivers may share responsibility for the incident. In this case, you have the ability to file a request for compensation for your losses based on fault, often splitting the compensation paid to you based on the percentage of fault.

What Type of Compensation Is Owed to You?

One of the most common mistakes individuals make when they make a claim for compensation is about what is owed to them. That is, what amount should you request from the person responsible or their insurance policy? By law, you should be provided compensation for all of the losses you’ve suffered as a result of the car accident. This can be hard to determine. Every situation is unique.

You cannot rely on the insurance adjuster to help you determine this number. In most situations, they will take steps to reduce what they pay to based on just what you state. However, most cases involve a significantly larger amount of compensation. A law firm can help you determine what you are owed comprehensively. Some of the most common types of compensation after auto accidents includes:

  • Medical claims from emergency room visits after the incident
  • Any type of medical debt relating to the incident
  • Long-term care and rehabilitation as needed
  • Whiplash injury care such as from a chiropractor
  • Lost time at work and any lost benefits for missing work
  • Any other type of medical treatment you obtained related to the incident
  • Pain and suffering
  • Loss of function of a limb or other body part related to the incident

Understand the Risks of Whiplash

Even if you do not think you have an injury, it is always beneficial to see medical attention after an accident. It helps ensure that your needs are met. However, injuries can manifest in the days following the accident after the adrenaline wears off. In other cases, some injuries are not fully realized for several days.
A common example of this is whiplash. Whiplash occurs when the head moves back and forward rapidly, causing damage to the ligaments and muscles in this area. When this happens, it causes inflammation to develop. It can take a day or so for this inflammation to build. And, once it does, you may suffer debilitating pain.
Injuries like this can be hard to pinpoint in an emergency room. For this reason, you should never rush to settle a claim too quickly.

What to Do If You Don’t Think Your Claim Settlement Is Fair?

It’s not uncommon for auto insurance companies to try to reduce what they pay to you. They may require documentation of injuries and claims that can be hard to obtain. In other situations, they may try to negotiate a settlement with you for less than what you owe. You don’t need to settle.
Instead, it’s best to seek out legal advice from a personal injury attorney. This legal advice will help you determine:

  • What your total compensation should be based on all of your loss
  • What steps you need to take to recover those losses
  • Whether or not you should pursue legal action to secure those funds if they are rejected

Since many attorneys off a win no fee scenario, where you do not pay for the attorney’s services unless they win compensation for you, there’s no reason not to reach out to these professionals for help and guidance in what steps to take. Don’t allow the insurance company to try to talk you out of compensation you know is owed to you for the incident.
If you are a passenger in a car accident with whiplash or other injuries, work with an attorney to file a claim for those losses.

Never Go It Alone – Hire a Car Accident Attorney to Help You

If you’ve been injured as a passenger, don’t settle with an insurance company until you work with a personal injury attorney. With the insight and support your attorney can provide to you, you’re likely to secure the best compensation for what you’re owed. As a passenger in a car accident whiplash is common. Let our attorneys at Brad Johnson Injury Law help you secure the compensation owed to you for any losses you have. Contact us now for a free confidential consultation.

Filed Under: Uncategorized

What to Do After a Hit and Run Accident

January 10, 2019 by Brad Johnson

You’ve been in a car accident. There’s damage to your vehicle, and you may have some injuries, but the other car has fled the scene. What should you do after a hit and run accident like this? Your first step is to ensure you are safe and that you call the police to offer help. Then, you’ll have several steps to help you with getting repairs taken care of later.

What Is a Hit and Run?

To learn what to do after a hit and run accident, first consider what this is. It occurs when a driver involved in a moving violation leaves the scene of the incident. If they fail to stop, you may not be able to obtain their contact information. Try to capture their license plate number, but even if this doesn’t happen, you should call the police immediately. An instances in which fleeing of the scene occurs, especially when there are victims with injuries or damage to property, is an illegal act.

What to Do When You Are the Victim of a Hit and Run?

As the victim of a hit and run accident, you will need to contact police or your insurance company to file a claim. Filing a police report happens at the scene of the incident. The police arrive, gather information, document what happened and then work to find the other driver. This information, though, is valuable to your auto insurance provider. The details of what happened can help to speed up the claims process.

Will Your Car Insurance Pay for Your Property Damage?

The type and amount of car insurance you have plays a role here. If you have strictly liability insurance, it may not provide you with any coverage. If you have uninsured motorist or underinsured motorist insurance, you may have some support. You can call your agent to get insurance information. They can verify the type of coverage you have and then help you to file a claim. With uninsured motorist coverage, you may think the process is rather simple. However, auto insurance companies often limit what you can claim and how much they will pay you.

Why You Should Hire an Accident Attorney After a Hit and Run

When you are involved in a collision, the damage you suffer may be extensive. This may include loss of your vehicle, significant financial loss due to the damage, lost time at work, and medical bills. Your auto insurance company is likely to try to make you settle the claim for less than what is owed to you. That can mean that you are not getting all of the coverage owed to you – and that’s not fair.
When you work with an auto accident attorney, you can get help with this process. Your agent can help you with a variety of concerns and claims options including:

  • Get help for non-obvious medical concerns such as whiplash.
  • Ensure you get full compensation owed to you for the property damage to your vehicle.
  • File a claim for items within your vehicle lost as a result of the incident.
  • Get help securing compensation for time you missed at work due to medical needs, the accident itself, or any legal proceeding.
  • Providing support to help you with any legal matter related to the incident such as reckless driving claims.

With the help of an attorney, you gain insight into what you can claim. You also have a professional working to support your best interests.

Hire a Car Accident Attorney in Arizona

When you learn what to do after a hit and run accident, you’ll find help available through a car accident attorney. Even if you find your insurance company is working with you or that the other party seems to help, protect your rights by hiring an attorney to represent you throughout the process. Contact Brad Johnson Injury Law to discuss your legal options through a free consultation.

Filed Under: Uncategorized

Cyclist at Fault Car Accident

December 14, 2018 by Brad Johnson

The Arizona Department of Transportation reports that in 2017 there were more than 1,400 accidents involving a collision between cyclists and cars, with more than 30 fatalities.

Although motor vehicle drivers are more likely to be at fault in an accident with a bicycle, it is possible for cyclists to be the cause of accidents.

Steps to take after you’ve been in an accident with a cyclist

First and foremost, when an accident occurs, you must stop—otherwise, you risk being charged with a hit-and-run. You should check to see if anyone needs emergency medical assistance.

After you’ve handled any medical emergencies, you should exchange your contact and insurance information with the other party, and then file a police report as soon as possible. This will create a record of the accident close to when it occurred. You will need to provide this record to the insurance companies if you want to make a claim for damages.

At this stage, the driver’s negligence compared to the cyclist’s negligence may not be evident, and you should speak with a personal injury attorney to determine your options for moving forward.

Determining who is at fault

Arizona is a comparative negligence state in personal injury cases. This means in motor vehicle accident cases, the court will look at the relative negligence of both parties when issuing an award. The plaintiff’s award will be decreased by the percent the plaintiff was at fault.

Arizona requires that cyclists follow the rules of the road. They must follow the same traffic laws as motor vehicles. Specifically, they must:

  • Stop at red lights and stop signs
  • Yield to pedestrians
  • Stay on the right side of the road, unless passing or turning left.

Additionally, when biking at night, cyclists must use a white headlight and red rear reflector to increase visibility. Bikers should not be distracted by their cell phones, and they should not ride while drunk. If a cyclist fails to follow these rules, it’s possible that he or she will be found to be at fault for some or the majority of the accident.

Real-Life Example

For example, Paul is driving down the street and sees his light turn from green to yellow. He decides to go through the light before it changes, and increases his speed slightly. He enters the intersection while the light is yellow, and his light turns red while he is in the intersection. Karen is also approaching this intersection on her bicycle, but from a perpendicular angle to Paul. She had a few beers with her friends and is texting her mom. She does not see that her light is still red, and enters the intersection at the same time as Paul does, which causes Paul to hit her.

In this scenario, Paul’s comparative negligence – speeding up to catch the light – might contribute to 10% of the accident, while Karen’s comparative negligence – texting, riding under the influence, and running the red light – contributed to 90% of the accident.

If Paul sues Karen, his money damages would be decreased by the 10% he was at fault. Similarly, if Karen sues Paul, her money damages would be decreased by 90%.

Preventing bicycle accidents

Regardless of who is at fault in a bike accident, the person on the bike is likely to be more injured than the person in the car. Bicyclists do not want to be injured, and drivers do not want to be the cause of serious injury or death.

  • When you’re driving, be alert for cyclists, especially at intersections. Give bicyclists extra space when passing. Use your turn signals, so cyclists can tell if you are going to make a turn in front of them.
  • When you’re on a bike, follow the rules of the road. Stop at stop signs and stop lights, even if you’ll lose momentum. Use proper signals to let other drivers know when you’ll be turning. Be visible – wear bright colors and use lights and reflectors if you are biking at night. Although you are not required to wear a helmet in Arizona if you’re over 18, wearing one can prevent serious brain injuries in an accident.

Everyone should drive defensively and safely. Nobody should operate a bicycle or drive while intoxicated, and nobody should text while driving or cycling.

This article does not provide legal advice. If you were in an accident and believe the cyclist was at fault, contact our experienced personal injury attorneys for a free consultation today.

Filed Under: Uncategorized

Average Car Accident Settlement

December 5, 2018 by Brad Johnson

Dealing with the aftermath of a car accident, especially the settlement process, can cause a strain on your life. In addition to putting your life back together – healing from any illnesses and repairing damage to your vehicle – you are also facing the potential headache of navigating the world of car accident settlements.

Calculating Average Car Accident Settlements

Recovering from a car accident can be painful and expensive. The estimated annual cost of car crashes around the country is $230.6 billion.

If you are injured in a car accident, you can seek compensation for any losses you suffer from the other driver’s insurance company. This kind of settlement is not like winning the lottery – instead, the goal is to make you whole again, to put you back in the position you were before the accident took place.

Calculating the average settlement in these cases will largely depend on the extent and type of injuries you suffered, as well as how much property was damaged as a result of the crash. If you walked away with minor injuries and minimal damage to your car, a settlement would be significantly lower than an accident resulting in a total loss to your vehicle.

There are two types of calculations that should be made when making accident claims – special damages and general damages.

Special Damages

Special damages are the easiest to calculate because these are the damages that you will have receipts for.
Anything that you have to spend money on or anything that you will lose money on can be included in your special damages when you make a car accident injury claim. These include, but are not limited to:

  • Medical expenses, including hospital bills, or fees for your general practitioner, physical therapist, mental therapist, chiropractor, or even your dentist
  • Money spent repairing or replacing your vehicle
  • Car rental fees
  • Gas money spent traveling to and from appointments
  • Lost wages from time spent away from work

Because these losses have specific numbers attached, it is easy to receive compensation for them.

For example, after an intense car crash, you may pay $10,000 out of pocket because of hospital, doctor, and physical therapist bills. You may also miss three weeks of work, which could be another $2,000 gone due to lost wages. Your car may be written off as a total loss, meaning that you have to spend another $15,000 for a car. Before you can go buy a new car, however, you are forced to spend $200 in car rental fees. Your special damages in this scenario would come to $27,000.

Insurance companies will try to contest everything, so keep a copy of every receipt or medical bill in order to prove your expenses.

General Damages

General damages represent compensation for intangible losses. These are much harder to place a number on because they are thought of as “pain and suffering.”
Pain and suffering may include:

  • Sleepless nights, when your aches and pains keep you awake;
  • Being unable to maintain your normal fitness routine because of broken bones or migraines;
  • Coping with additional stress every time you get into a vehicle; or
  • Severe back pain if you bend over to pick up your child.

These are all normal outcomes in the aftermath of a car crash. Unfortunately, they can be very difficult to quantify. Since you cannot put a price tag on a good night’s sleep, or going on a satisfying run, general damages are typically based off of the total price of your medical bills, which are quantifiable. You may receive 1-2 times the amount of your special damages as your general damages.

Speak with your personal injury attorney to discuss a likely range of general damages, based on the nature and extent of your injuries.

What to Take Into Consideration When Calculating Your Car Accident Settlement

Another factor that may play into the amount you are able to receive as part of your car accident settlement is what the policy limits of the other driver’s insurance is.

In Arizona, drivers must have minimum liability insurance:

  • $25,000 bodily injury liability for one person and $50,000 for two or more people
  • $15,000 property-damage liability

While these minimum requirements may be enough to compensate for some injuries and certain repairs for your vehicle, they may not be enough to completely replace your vehicle – after all, the average car now costs $34,000, more than three times the property damage liability minimum.

What’s worse, the other driver may be driving without insurance. If this is the case, you may need to speak with your own insurance provider to determine what your own policy coverage is.

If the insurance is not enough to cover your damages, you should speak with your personal injury attorney to determine whether you should file a lawsuit against the other driver. In Arizona, the statute of limitations for filing a personal injury lawsuit is 2 years from the date of the accident. This gives you some time to physically recover and determine what your actual losses amounted to.

Finally, if the other driver was under the influence of drugs or alcohol, you may be able to receive additional punitive damages. These types of damages are not available in every car accident case, but due to the severe risks of driving drunk, Arizona allows plaintiffs to seek punitive damages to punish the driver who was under the influence in these situations.

Four Tips for Maximizing Your Settlement Amount

1. Seek medical attention as soon as possible

If you are in an auto accident, you should get checked out by a doctor as soon as possible for common car accident injuries. After intense events, like being hit by another car, our bodies produce a lot of adrenaline, which masks symptoms of serious and potentially life-threatening injuries. Call 911 at the scene of the accident if you think someone is seriously hurt.

In addition to getting much-needed medical care for any injuries resulting from the crash, seeking immediate medical attention will create a contemporary record of injuries suffered as a result of the car accident. Make sure you discuss all of your symptoms with your doctor, and do not downplay any pain you feel. Headaches are especially common after car accidents, and they can be a sign of a traumatic brain injury.

If you wait to seek medical treatment, the insurance company may try to argue that the injuries came from something else. This can make it more difficult to receive compensation for your medical bills.

2. Document everything

Beginning from the time of the accident itself, document everything. Take photographs of everything you can think of, including:

  • Your vehicle;
  • The other vehicle;
  • Street signs at the intersection; and
  • Any personal property damaged in the accident

As you begin to receive medical treatment and heal from your injuries, continue taking photographs to document your progress. This is especially true for bruises that may appear on your face, shoulder, or knees that might not fully develop until several days after the accident. If you are struggling to walk after the accident, you could consider filming your progress through physical therapy as further evidence of the challenges you are facing.

You should keep every receipt and bill you receive while receiving treatment for your injuries and repairing your vehicle. This will help you prove how much money you spent on recovering from your injury. Keep track of your mileage to and from medical appointments so you can include gas money in your expense calculation.

Maintain a file for all of these documents so they do not get lost. You may need to keep them for more than a year, so create a safe spot for your documents.

3. Keep a calendar

Keep a calendar or diary as you recover. This will also be a contemporaneous record of how the quality of your life has suffered as a result of the car accident.
You should include:

  • Every medical appointment, whether you are getting an x-ray, visiting the chiropractor or physical therapist, or speaking with your general practitioner on the phone;
  • A record of how much pain, and what type of pain you experience every day;
  • Notes on what you are physically unable to do as a result of even minor injuries stemming from the accident; and
  • The date you return to work, and any work you are unable to complete due to injuries.

These notes may be invaluable for receiving higher compensation for pain and suffering due to the accident. This type of settlement can take months to finalize. Having specific evidence documenting the impact the car accident had on your life will strengthen your claim considerably.

Maintaining a daily or weekly record now is excellent evidence to present to a judge or jury. Remember – it’s very difficult to recreate notes from memory. Even if you are able to recall specific information from months, or even years, ago, the accuracy of your memory can be challenged by opposing counsel if you go to trial.

4. Don’t accept a quick offer

Insurance companies may try to offer you a low settlement quickly. Resist the temptation to take it. Often, car accident victims may not know the extent of their injuries immediately after the accident. Instead, continue to seek medical treatment and focus on your healing.

Before you accept an offer, make sure you understand what it will and will not cover. One viral story shared a woman’s first-hand experience of getting hit by a drunk driver when she was 19. She accepted a settlement offer before realizing it did not cover dental work. The accident resulted in a severe tooth problem, which affected her ability to get jobs down the road.

Waiting to accept an offer may seem like a risk when bills are piling up and if you are out of work because of the accident. However, taking the first offer may create more problems and result in unnecessary hardships down the road.

How Brad Johnson Injury Law can Help You Navigate Your Car Accident Settlement

Our team of personal injury lawyers has helped negotiate settlements for more than 20 years. We understand the ins and outs of the settlement process and have worked with many insurance adjusters over the years.

Your life doesn’t stop after an accident, and we don’t either. We meet with accident victims within two hours of the initial call because we believe in getting the ball rolling right away.

We also maintain relationships with medical practitioners in Arizona who will wait to collect payment for services. This offers relief to our clients, who may otherwise have trouble paying their medical bills.

Finally, we do not collect any fees from you until we win your claim. We do the heavy lifting for you so you can focus on getting your life back on track while recovering from your car accident.

For a free consultation with our knowledgeable car accident attorneys, contact us online or call us at 602-285-6100 today.

Filed Under: Uncategorized

Car Accident Whiplash Settlement Calculator

November 8, 2018 by Brad Johnson

Whiplash is one of the most common injuries as a result of a car crash. It is a soft tissue injury that is typically caused by a car accident that occurred at a red light or stop sign. In these types of accidents, your head is jolted back and forth quickly. Whiplash injuries are characterized by neck pain and headaches that could start hours after the accident occurred. If you experience these symptoms, you should speak with a doctor immediately – they can be symptoms of a more serious condition, such as traumatic brain damage.

After you have taken care of your immediate medical needs, you should start thinking about your long term health and financial care. You may be able to make a personal injury claim against the driver who caused the accident and negotiate a settlement with their insurance company.

We divide the amount of money you can receive from a whiplash claim into special damages and general damages. Money cannot undo the car crash, but it can go a long way to making you whole again.

Special Damages

Special damages refer to expenses that come with receipts. The most obvious of these are your medical bills and other medical expenses you incurred while treating your injury. This category includes hospital and doctor bills, medication costs, as well as physical therapy and visits to a chiropractor. Remember to include other out-of-pocket costs, such as parking fees or gas spent getting to the doctor.

Property Damage

If your car was rear-ended, you may have property damage to your car, even if it is not a total loss. If you need to repair your vehicle, rent a stand-in, or replace it, you can ask for reimbursement to cover these damages as well. Property damage also extends to other items in the car, such as your computer and cell phone, as well as clothing that was ripped or damaged in the crash.

Lost Wages

Another type of special damages comes in the form of lost wages. If you cannot work because of the extent of your injury, or if you are missing work due to numerous doctor’s appointments, you can seek reimbursement of money you would have earned otherwise.
Other damages can include child care expenses incurred as a result of increased doctor’s appointments or if you are no longer able to provide personal care due to the extent of your injuries.

To calculate special damages, simply add each expense together:
Medical bills and expenses + property damages + lost wages + other expenses = special damages
Create a physical file of every bill you receive and create a spreadsheet with a running total of your expenses. This kind of documentation will help you maximize the special damages you can receive.

General Damages

Recovering from an injury is not limited to monetary reimbursements. It is often painful, stressful, and even after our broken bones heal, it can be a long time before we are back in the same mental and physical place we were before the crash.
Even though you cannot get that time back, you can receive money for the pain and discomfort you experience as a result of the accident, as well as any emotional distress you suffered.
You can be compensated for:

  • Physical pain and suffering
  • Emotional distress, including stress, depression, and anxiety
  • Nightmares or an inability to sleep
  • Loss of enjoyment of everyday activities
  • Disruption of daily lifestyle
  • Loss of consortium

These damages are not as easy to calculate. After all, what price can you place on being able to pick up your three-year-old daughter?

If, after your car accident, you are suffering from any of these, document your symptoms and consider working with a therapist. You may be able to receive help in getting back to your normal life, and you will also receive documentation that can help bolster your settlement claims.

Wrongful Death Lawsuit

The good news is that Arizona, unlike some other states, does not limit the amount of money you can receive as part of a death personal injury claim. However, you do not have an indefinite amount of time to file your claim. Most insurance companies require that you file within a short period of time after the accident, and Arizona gives you only two years from the date of the accident to file a lawsuit. Do not miss your window of opportunity by waiting too long.

Your personal injury attorney will help you determine which claims for general damages you can make. This will help you get as much money as possible for your injuries and suffering.

This article does not provide legal advice. If you have been in a car accident and are suffering from a whiplash injury, contact our qualified auto accident attorneys for a free consultation. Our law firm has significant experience with every aspect of personal injury cases.

Filed Under: Uncategorized

Pothole Compensation

October 25, 2018 by Brad Johnson

Avoiding potholes is not always possible, and when you do hit one, you could suffer significant damage to your vehicle. Filing a claim with your insurance company or with the city is not always an option. Typically, the damage from these claims is minor, leaving you with little ability to receive compensation. However, hitting a pothole can cause more serious damage, including damage to the underside of the car, tires, rims, and much more. In these cases, you may want to take action.

Filing a Claim with Your Insurance Agency

In some situations, your insurance policy is the go-to solution for receiving compensation after experiencing significant damage to your car. First, consider whether or not you have coverage that is applicable. For example, hitting a pothole is a type of collision accident. That means you must carry collision insurance to file a claim. Those with other types of coverage, such as comprehensive insurance or liability insurance, have no recourse to filing a claim for pothole damage to their car.
If you do have collision coverage, what are your options? Your auto insurance policy probably includes a deductible. This is the amount you must pay before the insurance policy kicks in to pay for the remaining damages. For example, if the damage to your tire requires you to pay $300 for a new tire, but your deductible is $500, you will receive no compensation. However, if the damage is to the body of the car, resulting in $1,500 worth of damage, the auto insurance will cover $1,000.
You can submit a claim like this to your auto insurance company directly. In most cases, pothole compensation like this is a straightforward claim. You will receive compensation to make repairs. Car insurance claims like this typically work best for larger claims. However, for those without coverage, what are your options?

Isn’t the City Responsible?

One key fact many people do not know is that the city, county or other jurisdiction that maintains the roads could be responsible for the damage. City laws differ on this. However, you may find there are policies in place to help cover damage to your cars if the city is responsible. To determine this, find out what type of road you are on. Is it a city-maintained road? Others may be a county or a state-maintained road. Once you gather this information, you can determine if there are more options to help you receive compensation.
In some cases, the state or city has limits on when it can pay for pothole claims. For example, someone may have to report the pothole to the city as the first step. Then, the city has a certain amount of time to respond to your claim, such as 24 to 48 hours. If someone else experiences damage, the city may be held liable. The key here is that the city must have known about the pothole, been given enough time to take appropriate action, and then failed to do so. If these things occur, you may have a claim for compensation.

What If You Can’t Get Coverage?

There are some situations where the damage is significant and you do not receive help from your auto insurance or from filing a claim. What should you do at this point? Follow these steps.

  • Take a photo of the pothole. It is always important to have evidence of what happened to back up your claims.
  • File a claim with your car insurance. If denied, file a claim with the city for the damages.
  • Get a quote for the amount of damage done to the car from a licensed mechanic.

Then, contact our office. We can work with you to determine if you have the legal right to seek out compensation from the city, county, or state, or another party depending on the situation. Even if you just need help filing a car accident insurance claim, our office can do this with you as well. You may find the insurer denies your claim even if you have coverage. This is also something we can help you with.
At Brad Johnson Injury Law, our team is here to help you determine how to receive the pothole compensation owed to you. Contact our office to learn more about what legal steps you can take to recover the damages you have incurred through no fault of your own.

Filed Under: Uncategorized Tagged With: Insurance Coverage, Pothole Compensation

Whiplash Injury Compensation

October 11, 2018 by Brad Johnson

If you’ve been in a motor vehicle accident, you should seek medical attention immediately to determine whether you are suffering from any common car accident injuries, even if you are able to walk away from the wreck.
In addition to receiving the medical attention that you may need, having a doctor’s record of any injuries you sustained from the crash can be strong evidence if you decide to make an accident claim, either with your car insurance company or against the other driver.

What is a whiplash injury?

One of the most common types of car accident injuries is a whiplash injury. This is a soft tissue injury received when your head is suddenly jolted back and forth. It often occurs in rear end collisions at red lights or stop signs.
A whiplash injury specifically affects the neck, so one of the most common symptoms is neck pain. People suffering from whiplash will have difficulty moving their neck through its full range of motion. Other symptoms include headaches, dizziness, difficulty sleeping, and tingling or numbness in arms.
It is important to note that whiplash does not appear immediately after a car accident. It can take up to twelve hours for this kind of neck injury to show symptoms. Even if your doctor releases you to go home, make sure you monitor your symptoms. Seek treatment if your symptoms worsen or new symptoms appear.

What type of compensation can I seek?

The amount of compensation you can seek for your whiplash injury claim will vary greatly, depending on the extent of the damage. Some people fantasize about sustaining a minor injury from an accident involving a wealthy driver and subsequently receiving a huge payout. Unfortunately, this is not the case. Instead, your claim amount will be tied to the actual injury you have suffered.

Special Damages

You will be allowed to seek “special damages,” which are tied to specific monetary losses you have incurred as a result of the car accident.
This will include repayment of any medical expenses you have had including medical bills, medication expenses, physical therapy, hospital fees, etc. Additionally, you can seek damages for any property loss, including the repair or replacement of your vehicle.
Special damages also include other monetary losses. If you missed work due to pain, doctors visits or had to take significant time off, you may be eligible to receive repayment. These lost wages are easily calculable. If you have to hire a driver because you can no longer drive or you have to make additional child care arrangements because you can not be a caretaker during recovery, these bills may also fall under the umbrella of special damages.

General Damages

Unfortunately, recovery from a whiplash injury is not limited to repayment of money spent. Often, people suffer from, and are thus able to recover “general damages.” These are damages that are not specifically tied to a bill or expenses. Instead, they are often referred to as pain and suffering.
After suffering an injury, the quality of your life can change dramatically overnight. Some examples of this are:

  • You can no longer play basketball with your friends at the gym because it jostles your neck too much.
  • You can’t pick up your toddler because it hurts your neck.
  • You wake up in the middle of the night in pain and have trouble focusing the next day because you didn’t sleep well.

Your personal injury attorney will help you receive the maximum amount of compensation for your whiplash injury. Keep copies of all of the bills you have incurred, so you can be compensated for special damages. You should also document the ways your life has changed, including the things you can no longer do. This will help you receive proper compensation for your general damages, including pain and suffering.
One final note – in Arizona, you must file a car accident lawsuit within two years of the event. Otherwise, the statute of limitations will run out and you will not be able to seek compensation from the other driver. If you are filing a claim with an insurance company, you will likely need to file your claim much closer to the date the accident occurred as well.
This article does not provide legal advice and is for informational purposes only. If you or a loved one has suffered a whiplash injury, contact Brad Johnson Injury Law today to discuss your options.

Filed Under: Uncategorized Tagged With: Auto Accident Injury Compensation, Whiplash Injury Compensation

3 Things Insurance Companies Don’t Want You To Know

October 9, 2018 by Brad Johnson

Dealing with insurance providers can be a frustrating and often scary process. They are bureaucracies and employ people to overwhelm clients with paperwork. On the other hand, people who need to seek assistance from their insurance company are usually at a point in their life when things are falling apart – their car was totaled, their roof caved in, or their basement is flooding.

One way, theoretically, to minimize frustration when things go wrong is to do a proper vetting of an insurance company before you commit to their policy. However, you should remember that insurance companies vet you more than you research them.

Here are three things your insurance company doesn’t want you to know about them:

1. Your credit score plays a big role in your insurance quote

Insurance companies will look at your credit score and history when giving you a quote on insurance. A study by the Federal Trade Commission (FTC) concluded that credit score is an effective predictor of risk, and that having a lower credit score correlated with increased chances for filing a claim under an insurance policy.

The FTC did not have data showing that filing insurance claims caused lower credit scores, or vice versa. However, it did provide a number of theories for the relationship. For example, consumers who are prudent in financial matters may be more cautious and take more care when it comes to driving or making home repairs, or engaging in general home maintenance. The FTC also presented the theory that people who take risks in one area of their lives, such as financial risks, may also take risks in other areas of their lives, such as engaging in riskier driving.

A spotty credit history may also indicate that you won’t pay bills to the insurance provider down the line. The practice of examining credit score before providing an insurance quote could be discriminatory to people with lower incomes who may not have the available funds to build up a solid credit history. As a result, some states, including California, have banned insurance companies from looking at your credit score when providing quotes.

2. Your personal life matters

Insurance companies deal in risk. They have seemingly infinite studies on relative risk about every aspect of someone’s life that show how much risk that person poses.
Insurance companies will take information about your personal life into account when offering you a quote. If you smoke, your premiums will go up for your home, health, and auto insurance policies. Your occupation can, and does, affect the amount of money you’ll pay for your car insurance premiums. Higher stress positions, such as doctors, lawyers, and real estate brokers, may pay more for the same policy than someone with a lower stress job, like teachers, who have statistically better driving records than individuals in other professions.

Insurance companies will even take your gender, age, and marital status into account. Married people are likely to pay a significantly lower amount for premiums than single people of the same age and gender. Teenagers will pay the highest rates, because teenagers statistically file the most claims and get into the largest number of accidents.

3. Insurance companies are for-profit businesses

This may seem obvious, but the logical outcome is that insurance companies are designed to make money. If they give you money, they have less money in their pocket. Because they are designed to make money, they may make a quick settlement offer immediately after a natural disaster or car accident, expecting victims to take the quick money. It can be tempting to take a quick payout, especially as medical expenses start to add up. Claims adjusters will try to convince you to settle quick and move on with your life. However, if you accept a quick payout, you’ll have to sign away your right to bring any additional claims stemming from the accident.

This means that you will be on the hook for future medical bills stemming from injuries not apparent immediately after the injury. You may also have lost wages or additional pain and suffering that otherwise could have been compensated.

Insurance adjusters may even get bonuses for denying your claim or getting you to settle for a lower amount than you’ve been authorized to receive. If you think your insurance company is playing games with you, consider contacting a personal injury attorney to help you get the best settlement possible.

This article does not provide legal advice, nor does it form an attorney-client relationship. If you or a loved one is in need of assistance when negotiating with an insurance company, contact Brad Johnson Injury Law online or call us at 602-396-4635 for a free consultation.

Filed Under: Uncategorized

The True Cost of Car Accidents

October 2, 2018 by Brad Johnson

Car accidents are unfortunately, a common occurrence in the United States. The number of cars on the road is growing at a significant rate and as new distractions are introduced daily, it can lead to a dangerous situation. Car accident severity can range from a minor fender bender to a severe multi-car incident with exceedingly high damages.
When you factor in the property damages, medical bills, lost wages, and insurance costs that are often a part of car accidents; they have a significant impact on both the parties involved and the economy.

Rate of Car Accidents

The United States roadways are a crucial part of our transportation system. Approximately 95% of Americans own a car. About 85% of U.S. residents rely on personal transportation to get to and from work. Many households have more than car. With the majority of the country owning a car and using it on a regular basis, we also see a shocking number of car accidents.
Research estimates that there are approximately six million auto accidents every year. Even more shocking is the fact that about 90 people die every day from a car accident. An additional two million people are injured and two million are left with permanent life-changing injuries.

Cause of Car Accidents

Car crashes have been around for as long as cars have. However, the primary cause of car accidents has changed over the years. Drinking and driving still remains one of the most common causes of car accidents on today’s roads. Ignoring local road laws and signs can also contribute to dangerous driving including speeding, running through red lights, and reckless driving.
Distracted driving is a newer car accident cause that has become a real problem, contributing to the overall car accident costs. As technology evolves, distracted driving rates increase. Even with campaigns against distracted driving, approximately one in five car accidents today involve distracted driving of some type. Distracted driving takes the attention away from the driver, resulting in an increased chance of being in a car accident and often resulting in more severe of damages. Additionally, a high percentage of auto accidents fall between ages 16 and 19. Pairing driver inexperience with distracted driving can result in a potentially fatal outcome.

The True Cost of Car Accidents

When calculating the true cost of auto accidents, it is important to include all of the costs associated. A individual that is involved in a minor car accident might only pay a few hundred dollars out of pocket. They will likely submit a claim to their auto insurance to cover the cost to repair. it is likely that the insurance company will pay much more than a few hundred dollars. Additionally, if they suffer any injuries that require medical care, their health insurance will also pay.
A major auto accident will cost much more than that. Major auto accidents include things like extensive medical costs, time off work, diminished earning capacity, vehicle damages, disability, and in some cases; pain and suffering. In total, it is estimated that the annual cost of car accidents is $230.6 billion.

When Legal Representation is Needed

Minor fender benders rarely require lawsuits or legal representation. They consist of each party alerting their insurance company, filing a claim, and then arranging for any necessary repairs. However, the car accidents that result in extensive costs may require the representation of a car accident lawyer.
Most insurance companies have limits on how much they will pay. Because a severe car accident can quickly exceed those limits, it may be necessary to seek compensation from the responsible party through a third-party lawsuit. Discussing your auto accident case with a lawyer will help you determine the best legal steps.
Unfortunately, some car crashes can also include disabling injuries or fatalities. A fatal crash has not only a significant impact on the economy, but on the victim’s family and friends. There may be concerns around the insurance policy and what it covers. Motor vehicle accidents with severe outcomes will often require the representation of personal injury attorneys.
The true cost of car accidents can be difficult to calculate. Auto accidents are costly leaving the involved parties with medical expenses, bodily injuries, and lasting injuries. If you are left with complicated insurance claims or expensive damages, contact Peter Johnson today at (602) 910-4952 .

Filed Under: Uncategorized Tagged With: Cost of Car Accidents, Legal Representation

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