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Personal Injury Litigation in Arizona

September 28, 2018 by Brad Johnson

At Brad Johnson Injury Law, we have significant experience with personal injury litigation- our track record with previous clients displays our level of comfort with negotiating settlements or fighting in court.

If you need to file a personal injury claim against a person responsible for injuries you sustained in an accident, it is important to understand the process of litigation. There are many different stages involved in litigating a case in Arizona and you may be eligible to accept a settlement offer at any point during these stages. A settlement offer is typically presented by the insurance company or the attorneys representing the negligent parties in the lawsuit.

A settlement offer should always be carefully reviewed by a Phoenix, Arizona injury attorney. A lawyer specialized in personal injury can tell you more about when it makes sense to accept a settlement offer versus preparing comprehensively for trial. In some situations, personal injury claims cannot be resolved without resorting to litigation. The litigation process can be time consuming and complex. It may also be confusing if you do not have the help of a Phoenix, Arizona attorney. There are several different phases in most personal injury claims in Arizona, including the filing of the complaint, discovery, and trial.

Preparing for Litigation: The Complaint

A complaint is your legal document that officially names allegations against the defendant. The complaint must contain statements of facts, such as liability, the legal basis for liability, and a request for damages.

Filing a complaint

Filing a complaint is your official initiation into litigation process. This could be a powerful negotiation tool, when you are working with an insurance company or other adverse parties. While the formal legal proceedings associated with litigation do not begin until later, adverse parties are often interested in pursuing alternative dispute resolution early on, such as settling the matter before investing a lot of time and money into defending an action.

What Happens After the Complaint is Filed?

After a complaint is filed, the plaintiff must serve a copy of the summons on all defendants in the case. This can be done by a process server or another authorized party and it cannot be completed by the plaintiff. After all defendants in your personal injury claim in Arizona have been served, the defendants will typically have a maximum of 20 days to file an answer to the complaint. The answer is the legal document in response to the allegations listed in your complaint.

Any allegations that the defendants fail to respond to are considered admitted for litigation purposes. Defendants are permitted and in some situations required to make a counter claim against the plaintiff, if they believe they have a legal claim against you. If you or someone you know has recently been injured in a serious accident, you have rights that can only be protected by hiring an injury lawyer you can trust.

Why You Need the Trusted Team at Brad Johnson Injury Law

Personal injury litigation can be complicated and confusing for the average person, but retaining an injury lawyer who has successfully handled cases like this before will give you a better understanding of what to expect and more informed choices when it comes time to elect whether or not it makes sense to accept a settlement or pursue a trial. Consulting with Brad Johnson Injury Law, a dedicated personal injury lawyer in Arizona can give you peace of mind that you have the ability to focus on recovering from your serious injuries while knowing your lawyer is working as hard as possible to recover the maximum compensation for your injuries.

Filing a claim in a timely fashion must be done or you’ll block your chance to recover compensation. As soon as you discover a life-changing injury, talk to Brad Johnson Injury Law about your ability to file a claim. In an initial consultation, you’ll learn more about what’s involved in the legal process and what you can expect when you hire our firm.

Talking to a lawyer in a first consultation does not obligate you to work with us or even file a legal claim, but it’s often what you need to get your questions answered promptly. You can rely on our background in the field of helping many Arizona accident victims determine the best course of action and develop a long-term plan for your interests. You should know that someone has your best interests in mind when there’s a legal claim for compensation at stake.

No Fee Unless We Win Your Case

Brad Johnson Injury Law has experience in representing people who are suffering from a personal accident injury. Our lower personal accident injury lawyers fee is only 25% compared to the typical 33.3% Our goal is to get you the settlement you deserve. Our attorneys are available 24 hours a day, 7 days a week to answer your personal accident injury-related questions. We know that you have enough to worry about in the wake of a personal injury accident like a slip and fall or a vehicle crash. Don’t let concerns over paying a lawyer stop you from getting the legal help that you need immediately.

Why T-Bone Crashes are Really Bad

August 28, 2018 by Brad Johnson

A t-bone collision involves one car hitting the sides of another car. This is one of the most common types of car crashes and, unfortunately, a type of accident that can cause severe and long lasting effects.

This type of car accident can cause more severe injuries than head on collisions. Even though the car being hit may have side airbags, there is significantly less stuff between the driver and passengers and the other car.

In a head-on or rear-end collision, for example, cars are designed with several feet of crumple zones in the hood and the trunk of a car in order to protect the occupants of the car.

With a side impact collision, on the other hand, there usually are only mere inches of metal protecting you from harm. Even your seat belt will do little to protect you, based on the direction of the impact.

How do I prevent t-bone crashes?

Statistically, most t-bone car crashes occur at intersections. As a motorist, you should stop, not just slow down, at every stop sign and red light and slow down, rather than speed up, at yellow lights. Drivers who fail to yield at intersections are one of the leading causes of broadside collisions.

In general, you should follow all traffic laws – stick to the speed limit, and don’t act aggressively on the road. Bring your frustrations about other drivers somewhere else, like the boxing gym. Remember – you, and everyone around you, is piloting a several ton vehicle capable of incredible physical damage to others.
On the flip side, you should also expect other drivers to break traffic laws. When the light turns green, wait a moment in case someone coming the other way runs the light. When approaching intersections, keep your eyes open for other drivers who may not yield the right of way or forget to use their turn signals.
If it’s dark, rainy, or hazy, you should slow down to compensate for decreased visibility. Never text while driving and keep phone calls to a minimum. Don’t get behind the wheel if you’ve been drinking or using drugs.

How do you determine who is at fault is a t-bone collision?

Typically, the question of “who is at fault’ in this type of car accident is resolved by looking at who has the right of way. If you have the green light and the other guy runs a red light, you will typically win, and he will typically lose. This isn’t always the case, so discuss your chances of success with your personal injury attorney.

An experienced car crash attorney will put on their investigative cap to look for security cameras, dash cams, and witnesses that can show who had the right of way at the time of your crash. However, often this evidence is lacking and a case can turn down to a “he said, she said” argument.

Another thing to consider is that Arizona is a “comparative negligence” jurisdiction. This means that a jury will determine what percentage of the accident was caused by each party’s negligence. If 20% of the accident was your fault, for example, you can only receive 80% of the damages.

What kind of damages can occur from t-bone accidents?

Typically, the drivers and passengers of the car being hit face the gravest injuries because of the high speeds involved in this type of accident. Victims are left with broken bones on the collision side, head injuries, whiplash, neck, back, and head injuries. Windows often break, causing bleeding from severe cuts and lacerations.
In addition to the physical injuries, survivors of side impact crashes can also face high medical bills, lost wages due to extended recovery period, and significant pain and suffering while they heal.

You may have another financial hit – it’s highly possible your car might be totaled and that you will have to invest in a new vehicle. Even if the accident isn’t your fault, if the other driver isn’t insured, you could be stuck with some of these bills. Talk to your insurance broker to make sure you have enough coverage if you end up facing an uninsured motorist.

What should I do if I’m in a t-bone crash?

If you or a loved one is in a t-bone car crash, make sure you get the medical attention you need. Keep track of every medical bill you receive, the car accident police report, and all the paperwork from the insurance companies involved.

Also consider writing down your version of what happened, as soon as possible. Make sure you include every detail – time of day, weather, location. Don’t assume you’ll remember the important details months afterwards that could make or break your case.

You should also contact an experienced law firm, such as Brad Johnson Injury Law to learn about your options for recovery of monetary losses from a t-bone accident.

How to Get a Car Accident Police Report in Arizona

August 27, 2018 by Brad Johnson

There are many reasons why you might need a copy of the police report from an auto accident. For example, you will need to provide the car accident report it to your personal injury attorney if you want to make a car accident claim. Your car insurance company will also want a copy of the report.

First, you will need to determine which law enforcement agency investigated the accident. Each agency will have a slightly different process for obtaining the report. The Arizona Department of Public Records maintains copies of accidents and collisions that occurred on Interstate and State highways and were investigated by DPS troopers.

If your accident was not investigated by DPS, you will need to contact the law enforcement agency of the county or local jurisdiction where the accident occurred in order to obtain the appropriate records. This blog post will look at the procedures for obtaining car accident reports from DPS, as well as Phoenix and Tucson Law Enforcement.

Arizona Department of Public Records

At the moment, it is not possible to request a copy of the report online from DPS. Individuals requesting their report are required to fill out this form with their contact information.

Before filling out the form, it is recommended that you call the Department Records Section at (602) 223-2230. This way, you can ask someone at the police department about what documents are available so you can place your order.

You can choose a variety of methods to receive the report. DPS will charge the following fees, depending on how you want the information:

Paper report via U.S. Mail – $9.00 for the first nine pages; $0.10 for each additional page (Request must be accompanied by a stamped, self-addressed envelope)
Report via email – $9.00 (up to 5 MB)
Paper report via fax – $9.00 (20 page limit)
Report on a compact disc (CD) – $10.00 (up to 700 MB)
Printed Photo (each 8×10) – $4.00
Photo Contact Sheets – $10.00
Photographs on Single DVD – $15.00

The mailing address is:
Arizona Department of Public Safety
Department Records Section
P.O. Box 6638, Mail Drop 3111 Phoenix, Arizona 85005-6638

Alternatively, you can bring it to the Department Records Section, which is located at:
2222 West Encanto Boulevard
Phoenix, Arizona 85009

If you make the request in person, you can pay with a credit or debit card or cash. If you mail in the form, you can use a business or cashier’s check or a money order. Personal checks are never accepted.

Reports from DPS will be completed within 14 days of the incident.

Phoenix Accident Report

The city of Phoenix has a more up-to-date system of obtaining reports. You can get the report online at this link if you have the incident number and the last name of someone involved in the accident.

Alternatively, you can obtain copies of an accident report by filling out this form and providing as much detail as possible. You must also include a reason for the request.
The following fees will apply:

Audio Tapes – $ 2.75
Fingerprints – $ 6.00
Letters of Clearance with arrest record – $28.00
Letters of Clearance without arrest record – $ 8.50
Photo Image CD – $ 4.00
Police Reports – $ 0.24 per page (Laserprint and Photocopy)
Video Tapes – $29.00
4X6 Photographs – $ 0.50 per photograph
911 CD – $16.50

When requesting records, you are required to include a phone number or email address, so you can be informed of the total cost of your request.
You can email the form to public.records.ppd@phoenix.gov, fax it to (602) 534-4599, or mail it to:

CITY OF PHOENIX POLICE DEPARTMENT
CODE ENFORCEMENT UNIT
1717 E. GRANT ST., SUITE 100
PHOENIX, ARIZONA 85034-3401

If you have any questions about the form, you can call the Phoenix Public Records Unit at 602-534-1127.

Note: It is illegal to obtain records if you do not have a relationship with someone involved in the accident.

Common Car Accident Injury Symptoms

August 23, 2018 by Brad Johnson

When you are in a car accident, you may not realize the extent of your injuries immediately after the crash. Your body does an amazing job of protecting you in the moments and hours following this very intense shock to the system, by flooding your system with adrenaline and endorphins to block pain.

As the adrenaline begins to wear off, you may start to experience pain resulting from the accident. While some injuries, such as cuts and lacerations, may be immediately apparent, most car crash symptoms may not be apparent for days or weeks after you are involved in an accident.

Here are several delayed symptoms of injury you should be aware of after your car accident:

Headache

After a car crash, you may get headaches. Do not ignore them! A headache can be a sign of something much more sinister, such as a concussion, blood clot, or other traumatic brain injuries. It can also be a symptom of neck or back pain.

Other signs of concussion can include:

Cloudiness
Nausea
Dizziness
Lack of energy, and
Sleeping significantly more, or less, than usual.

If you experience these symptoms, seek immediate medical help. You should also enlist your family to help monitor any personality changes or unusual irritability, as these could be signs of other brain injuries.

Soft tissue injuries

“Soft tissue” refers to damage to parts of you that aren’t bone – your muscles, ligaments, and tendons.

Whiplash injuries are the stereotypical car crash injury. It is caused by your head going forward very fast, then pulled back by your seatbelt. Symptoms include headaches and shoulder, back, and neck pain. You may also have bruising along the seatbelt line or numbness in your arms or hands.
Many people involved in car crashes experience some sort of back pain that is caused by damage to nerves, muscles, or even the spinal column. Back pain may begin as a “twinge” and progress to significantly more pain. Keep track of the progression and speak with medical professionals in order to receive appropriate treatment.

Tenderness, soreness, or swelling in your abdominal (belly) area can be a sign of internal bleeding. If it’s not caught in time, this could be a potential life-threatening injury.

Other signs of internal bleeding can include:

Large areas of deep blue and purple bruising
Fainting, and
Dizziness

You should seek immediate medical care if you notice any symptoms of internal bleeding after a car accident.

Emotional distress

Not all injuries are physical. Being in a car crash can be an extremely emotional scarring experience. Many people involved in car crashes experience forms of post-traumatic stress disorder (PTSD).

Symptoms of PTSD include:

Feelings of anxiety or increased heart rate if someone slams on the brakes or honks a horn while you are in the car
Being on edge or jumpy while you’re in the car
Avoiding the stretch of road where the accident occurred, or even avoiding getting behind the wheel again

Emotional distress or personality change can also be a symptom of a traumatic brain injury. You should not sweep this symptom under the rug when discussing your recovery with your doctor.

Symptoms pregnant women should watch for after a car accident

If you are pregnant, you should speak with your doctor after any car crash, even if was only a minor fender bender.

The force of a seatbelt on your stomach can potentially separate the placenta from the uterus, which can lead to:

Miscarriage or preterm labor,
Birth defects,
Internal bleeding, and
The potential for a high-risk birth down the road, which can be threatening to both mother and child.

Despite the serious risks involved, you may not notice any symptoms, which is why it is imperative you get checked out as soon as possible.

Discuss risks to your health, and your baby’s health, with your doctor. Ask about symptoms you should watch out for in the coming days and weeks, including:

Vaginal bleeding, spotting, or discharge
Swelling in your extremities
Headaches
Back, shoulder, or abdominal pain
Contractions
Vomiting unrelated to morning sickness
Changes to the type or frequency of your baby’s movements

If you are pregnant, you should always wear the standard three-point seatbelt that covers your chest and stomach, even if it is uncomfortable. The leading cause of fetal death in a car crash is the death of the mother.

Getting treatment for your car crash injuries

Seek first aid or more extensive medical attention immediately after your car crash. If you go to an emergency room or urgent care center, have a copy of your medical report sent to your primary care doctor.

Make an appointment with your primary care doctor to discuss any symptoms that have occurred or symptoms you should watch for in the long term. Talk to your doctor about whether you should consider physical therapy, see a chiropractor, or speak with a therapist.

In addition to caring for your physical health, visiting a doctor after your car crash can help preserve any legal claims you may have against the other driver. Your doctor will make, and maintain, a record of injuries you may have suffered that stemmed directly or indirectly from the accident. The longer you wait, the more difficult it will be to show for a fact that your injuries came as a result of the car crash.

Keep track of all paperwork associated with your treatment – notes from doctor’s visits and physical therapy, prescriptions, and especially your medical bills. Contact an experienced personal injury attorney to discuss your options for recovering, financially and legally, from a motor vehicle accident.

Important Things to Know About Car Accident Injury Settlement Process

July 13, 2018 by Brad Johnson

You deserve compensation if you are involved in a car accident at someone else’s fault. Sometimes, getting that money can be difficult. You might have to take the defendant and their insurance company to court. Insurance companies prefer not to solve the issue in court, since results are unpredictable and the process is expensive. Instead, it is more common for their insurance provider to compensate you with an injury settlement.

The goal of an insurance settlement is to compensate the claimant for any financial loss and inconvenience they endured or will continue to endure. In this post, we will discuss factors that determine a settlement’s value, variables to consider when determining what you deserve in a settlement, and an important tip. First, here are some of the primary factors that will determine the value of the settlement.

Factors That Determine the Value of the Settlement

Type and Duration of Injuries. If you walk away from the car accident with bruises and cuts that will go away by themselves, then your settlement won’t be worth much. If you have broken bones or injuries that will hurt and affect you for a while, your settlement should be worth much more.
Financial Costs: This category includes things like medical bills, missed time from work, and the cost of fixing or replacing your vehicle. Without documentation, none of these factors will play into the final value of your settlement.
Clarity of who is at fault. The more evidence that the defendant really was responsible, the larger the settlement should be. If a traffic camera caught someone running a red light and hitting your vehicle, the settlement would have a higher value. On the other hand, if there was no concrete evidence, or it was not entirely their fault, the settlement will be worth less.

Here are some factors you should consider when determining the amount you deserve in your car accident settlement.

1. Economic Damages. This type of damage can be easily quantified. If you are in a car accident, there will be some financial impact. It is important that you have financial documentation of every financial hit you take because of the accident. When you have documented evidence, you should receive more money. Here are three primary areas to consider when calculating your economic damage.

Property Damage Costs. If there is damage to the vehicle, either use the bill from fixing it or have a claims adjuster determine how much that would cost. No matter what the final settlement amount, this amount should always be covered. Sometimes, the vehicle is worth less than it would cost to fix it. When that is the case, you will receive a sum of money that goes toward helping you obtain a new car. Since the amount is based on depreciation value, it will probably not actually cover the cost of a new vehicle.
Medical expenses. If you endured an injury in the accident, any medical bills should be included in the settlement offer. Like the property damage, if there are medical expenses, they should be fully covered. Before you file a claim, It is important that you consider both past and future medical expenses. Once you claim your settlement, you can’t come back and demand more compensation.
Loss of Potential Income. If you had to miss any work because of the accident, you should be compensated for the money you would have earned. You must have documentation of the time missed for this to apply.

2. Non-Economic Damages. In addition to the economic damages, there are non-economic damages. These damages have no price tag, so it is difficult to quantify their exact worth. Pain and suffering is the main one. This is difficult because pain is relative and impossible to measure. However, the more pain you experience, the more compensation you should receive. Medical records are a good way to document the suffering that you have experienced.

As you calculate what to expect for your insurance claim from the auto accident, there is another important factor to consider: what is the other person worth? Let’s say that you believe your settlement offer should be upwards of $20,000. There are times when the defendant and their insurance company legitimately won’t have the resources to provide that to you.

The defendant’s insurance policy probably has a cap on it. Your claim may exceed that number. If that is the case, you can adjust you should adjust the settlement to match the policy amount. If you still deserve more, you can hire an attorney to file a lawsuit and sue the individual. If the defendant does not have insurance at all, then having an attorney sue them is also your best option.

If you have been in an accident and have questions about your settlement, contact our office today to schedule a free legal consultation. Our team wants to ensure that you are adequately compensated.

Brain Injuries from Car Accidents

July 11, 2018 by Brad Johnson

Brain injuries are possibly one of the scariest and most common types of car accident injuries that a person can receive from a car accident. The lasting effects of brain damage can affect all aspects of your life, and in some cases will change your life forever. It is essential that you do everything in your power to receive the financial compensation required to maintain your quality of life after a brain injury has been sustained.

There are many ways brain injuries can occur, from the head hitting a piece of the car like the windshield or steering wheel caused by a head-on collision, to a foreign object entering the car and causing damage. Whatever the case may be, there are steps you can take to ensure that you are cared for and able to recover to the best of your ability.

Determining Liability

As with every accident, there will be a party responsible for the accident, and when there are serious injuries, it is extremely important that liability is determined properly. Medical expenses for brain trauma can be steep, and some cases people cannot return to their normal lives after the accident. There are some steps you should take to ensure the most financial compensation for your injuries.

First, if you even remotely think you have a brain injury following an accident, be sure to stay as calm and still as possible until you are able to receive medical care. It is critical to remember that your well-being is the most important thing to consider in these cases. Most times, there will be a police report that will serve as the basis for establishing liability in an accident, and this can be attained after the accident has occurred. For people with brain injuries, it may be best to have a loved one contact the insurance company and deal with the legality of the incident while the injured party heals. Insurance companies will typically not offer enough to even cover medical expenses, which is why it is so essential that you have an attorney assist you in these cases.

The Vehicle

In some cases, the vehicle itself may have played a role in the passenger sustaining brain injuries in an accident. Cars with factory defects or poor design may be the reason that you sustained injuries, and therefore the manufacturer is liable for some of the damages, if not all. This concept is called crashworthiness, and essentially is the ability of a car to protect the occupants from damages. Automobile manufacturers are required to take certain precautions for different types of accidents, and even if the crash was out of the ordinary there is a chance they did not ensure proper measures were taken. If you think the car may have played a role in you sustaining brain damages, be sure to contact an injury attorney to investigate this part of the case.

Types of Brain Injuries

There are 5 common types of brain injuries that can be sustained from car accidents:

Concussions: Easily the most common of the injuries, concussions may not seem like a big deal, but they can have long-lasting consequences. Concussions are caused by impact or violent shaking that will strain the nerves and blood vessels of the brain.
Contusions: Contusions are bruises, and in these cases occur on the brain from impact. Large ones may need to be removed via surgery.
Diffuse Axonal: Violent shaking that causes the brain structure to tear.
Coup-Countercoup: These are caused by a severe impact that causes the brain to actually shift from one side of the skull to the other and results in large contusions on the sides.
Penetration: Occasionally, items will become dislodged in an accident and will penetrate the skull. Most of the time, this will be fatal. However, there are some cases where individuals have lived, but are often never the same as before the accident.

If you or someone you love has sustained brain injuries from an accident, contacting an experienced injury attorney will make all the difference in getting the money you need. These types of accidents are often the worst, and not uncommon. In recent years, attention has been cast on the severity of concussions, which is one of the most minor types of brain injuries that can occur from accidents. So, no matter what the level, these are all serious injuries that require proper care and caution. Do not hesitate to contact Brad Johnson Injury Law for your legal needs.

Who’s Liable in a Pile Up

June 30, 2018 by Brad Johnson

Car accidents are always dangerous and often result in injury, but with pile-up accidents, there is rarely a case where no one gets hurt. Knowing who is liable in these accidents is essential to making sure you get the resources needed to recover properly. It is especially difficult to determine liability in a pile up. Typically, even though 2 cars start the accident, as more cars come it becomes unclear who hit who. In the end, it will be up to the insurance companies and the court to determine who was responsible for the accident, but there are still things you can look for.

What is Liability?

Liability in a car accident means that the party who was negligent or responsible for the accident will be the one required to pay damages in case. If someone is deemed to be “at fault”, insurance will sometimes cover the damages, but in pile-ups where there are multiple injuries and damaged vehicles, it may not cover everything. Being able to determine fault will be essential in these cases to make sure you get the full amount you need to recover.

Liability in Multi-Car Accidents

Traditional rear-end car accidents are much easier to determine liability in: the person who hits the other from the rear is the party at fault, with a few exceptions. In a multi-car accident, a car will still be at fault for hitting another, already stopped or crashed car, unless it was pushed by another vehicle. In these cases, it will typically be the first vehicle that failed to stop and causes the chain of cars crashing that will be held liable.

There is often a misconception that the party that caused the accident initially is the party completely responsible for the accident. While this may be true in some cases, typically there is more than one party responsible. Although someone may be ticketed, they may not be the party responsible for your injuries. Cars that come in after the fact may be the ones who are truly liable for your injuries. In some cases, there will be multiple parties responsible for one person’s injury. For example, if a person is stopped in a pile up, and is it by two other cars after the fact, both cars that hit them will be responsible. This may require you to contact multiple insurance companies in order to make a claim, and one may pay 60% of the damages while the other pays 40%.

Whatever the case may be, there are steps you can do to make sure you get the most for your claim. The first thing is to gather any police reports and copies of tickets that were issued. In a pile-up, law enforcement will almost always be on the scene, so unlike some other types of accidents, there will always be a police report. In some cases, injuries will be severe enough that you may not be able to do anything. If that is the case, be sure to just take it easy and wait for medical help; ensuring your safety and health is the most important thing. However, if you are able to be sure to get the insurance information of all the parties involved.

Depending on what state you are in, the laws will vary slightly, like in a no-fault state. However, Arizona is not one of these states and your accident will typically be covered by negligence law. In the event of an accident, be sure to contact insurance companies to get initial payment, but it is more than likely you will be eligible for even more. Contacting an experienced auto accident attorney can help you get the full amount you deserve and help get your life back together. Damages from pile-ups can be severe, and medical bills are often high. Don’t hesitate to get the help you require.

Private Property Injury: Who Is Responsible?

June 1, 2018 by Brad Johnson

If you are injured on someone else’s property, they might be responsible for your medical costs, lost wages or other damages. But how do you know if the owner of that property is responsible for your injuries? If they are responsible, how can you make sure you are fully compensated?

What is the Legal Definition of Personal Injury?

The state of Arizona defines personal injury this way: “A personal injury refers to a situation where someone has been physically or emotionally injured or killed by the wrongful act of another.”
If you slip and fall on someone else’s property because of a hazardous condition such as a wet floor or a trip hazard, that might be considered a personal injury in the legal sense. Other examples can include automobile accidents or even dog bites. If you are injured on someone else’s property, the owner of that property may be subject to “premises liability” laws requiring them to pay for those injuries. In order to receive compensation, you will need to hire a Premises Liability Attorney who will guide you through the legal process.
Slip and fall injuries are the second most common type of private property injury claims we deal with at Brad Johnson Injury Law, so we have significant experience handling these cases. One of the most important things to do if you are injured on someone else’s property due to their negligence or a hazardous condition is to collect documentation about what happened. The sooner you do this, the better. And the more detailed your documentation, the better.
Photos or video of the scene, close-ups of the hazard, and medical documentation describing your injuries in detail are important to your case. So is your step-by-step description of what happened, how it happened and the impact the accident has had on you. We will use all of this documentation as evidence to win your claim. Another very common type of private property injury is a dog bite or dog attack injury. In these cases, returning to the scene of your injury to take photographs or video of the dog isn’t a good idea. However, collecting detailed medical documentation is.
In the most extreme cases of a fatal dog bite or attack, the evidence is particularly challenging to collect. It is often necessary to find witnesses who may have seen the attack or taken video or photographs. Increasingly, social media is a good source for locating important witnesses and collecting evidence to support a personal injury claim. Our experience in helping personal injury victims collect and organize important evidence such as this is one reason our firm has been so successful in winning private property injury claims.

Remember!

If you’ve been injured on someone else’s property and haven’t received medical attention, you will want to do that as soon as possible. Ask for copies of your medical record and bring them to our office for your free consultation. Remember, your medical record is important evidence in seeking legal reimbursement for your personal injury claim.

What To Do After a Car Accident

May 28, 2018 by Brad Johnson

Traffic accidents happen all the time throughout Arizona. Chances are that you will be involved in a car accident at some point in your lifetime. It may be nothing more than a minor “fender bender” or it could be a serious accident.Many of these are caused by negligence or another driver not paying appropriate attention. Regardless of how the accident happened, as a victim you will likely have questions about your future and what is necessary to file the paperwork and claim to recover maximum compensation. There are ways to prepare yourself in case you do have an accident whether as a driver or a passenger.

Common Causes of Traffic Accident Collisions

Traffic can generate additional frustration and obstacles for drivers, but that is no excuse for getting involved in an accident when negligence plays a role. If a driver is not paying attention or is behaving recklessly behind the wheel, this information may prove fruitful in your personal injury claim and attempt to recover maximum compensation. This is why you should retain an attorney who has extensive experience in this field and who is willing to work on your behalf. Some of the most common situations that lead to traffic accidents in Arizona may include:

Drunk driving
Distracted driving
Drowsy driving
Aggressive or reckless driving

Any of these situations may prompt a victim or the surviving family members of someone who was killed in an accident to file a legal claim for compensation. If this applies to your case, taking action sooner rather than later may protect your eligibility to recover all the necessary funds to put the pieces of your life back together and to put this unfortunate incident behind you.

Post Auto Accident Checklist: What to Do after a Car Accident

When you are involved in or witness an auto accident, follow these procedures:

Check for injuries. After a car accident, it’s always hard to think clearly and to remain calm, but it is important to take a few deep breaths and make sure you and anyone involved is not seriously injured. If you or anyone is severely injured, do not move.
Make sure it is safe to leave the area where the accident has happened. It may too dangerous to exit your car. If you are able to safely exit the vehicle, do so immediately. If anyone needs immediate medical attention call 911 for an ambulance.
Report the accident to the police. Filing a report with the police helps to protect all parties involved, helps prevent fraudulent claims and legal ramifications. Reporting an accident to the police is generally part of any insurance company’s accident protocol. Stay at the scene of the accident until the police have come and gone. Make sure to get the name of the officer and provide them with your account of the event.
Get the information of all involved, including their names, addresses and insurance carrier. The other party may have even tried to flee the scene or have been difficult to speak to in the immediate moments following the accident. It is important to keep your wits about you in the immediate aftermath of an Arizona traffic accident. This is because you need to gather pertinent information that may become vital down the road if you file a personal injury claim.
While you are waiting for the police to arrive, sit down and stay calm. While you may not feel much pain, you could be injured. Walking, bending or lifting can make your injuries worse.
While you are sitting, go over what happened. Get the facts clear. How fast were you going? Where were you? Did you have your turn indicator on? Make some written notes if you can. Do not talk to anyone except the police about the facts of the accident.
Gather Evidence. One such example has to do with contacting witnesses and taking pictures and videos of the scene. It may be difficult for you to remember the details of your Arizona traffic accident after the fact, but your attorney can begin to piece together how the accident occurred or engage witnesses experienced in accident reconstruction to ensure that the right information is provided to the courts as you go through your injury claim. A traffic accident largely depends on who may have been responsible for the crash. Having an attorney ready to take action as soon as possible and identifying critical issues and facts surrounding the scene of the accident may help refresh your memory or give you more clues about the manner in which you sustained injuries.
If there are witnesses, ask them for their names and phone numbers. It is incredibly important to report any accidents that you witness. As a bystander, your perspective could be invaluable to those investigating simply because you would be unbiased and, for the most part, emotionally uncompromised. They may be able to help establish liability (who is at fault).
Report the accident to your insurance company.
Monitor Your Injuries and Progress.Traffic accidents can lead to a number of different injuries which may be surprising for a victim who was hurt while moving at relatively slow speed. Whether you were cut off by another driver or T-boned by someone at an intersection, the injuries can be life changing. You may begin to experience chronic and difficult pain, making it challenging to get through your daily life or to return to work. Taking note of these injuries and symptoms and visiting your doctor on a regular basis will give you the maximum amount of treatment options available to you, so that you can prepare plan to accomplish as much as possible. It may initially seem overwhelming to confront the severity of your injuries and to figure out how to adapt your life to your new medical conditions, but a traffic accident attorney in Arizona, may be your best advocate going forward to protect your rights and to file a comprehensive claim to get the compensation you need to get better. Don’t allow too much time to lapse after you have been involved in a catastrophic accident. You have a limited period of time in which you can file a legal claim and finding an attorney immediately will help you determine your next steps.
You may have rights that you don’t know about. An auto accident attorney might be able to help and answer your important questions.

Contact a Traffic Accident Lawyer for a Help

Brad Johnson Injury Law can help you with your legal claim and insurance. Our personal injury lawyers can help you understand the process of an accident claim by explaining all the details in a clear manner. We ensure our clients receive proper medical care to ensure a healthy recovery, allowing them to get back to their lives. Then we begin the fight for maximum compensation.

Who is at Fault in a Rear-end Collision

May 27, 2018 by Brad Johnson

If you’ve been the victim in a rear-end collision or accused of being at fault in a one, it’s important to understand your rights under Arizona law.

This post will talk about some of the key things you need to know about rear-end collisions. It will spell out the process for navigating the Arizona insurance and legal channels, and offer some insights to help you protect yourself and your rights.

Get Your Records

First and foremost, you want to have a thorough exam by a physician to identify any and all signs of injury. Even if you don’t feel injured, you might be. The spine, especially, can show signs of injury up to weeks, months or even years after an accident. To be safe, schedule an appointment for an exam and if your doctor recommends it, get some x-rays.

Ensure your physician keeps detailed records in your case, and that you stick to any care plan he or she prescribes. Sticking to a physician-recommended care plan is important in negotiating with insurance companies and in representing your interests in court, so don’t take this lightly. A single missed appointment or failure to show documented improvement could hurt your case. Don’t take this chance.

Next, get a copy of your accident report. The details in this report offer strong clues as to how your case might look to insurance companies and in court. You can request a copy of your accident report.

Once you have your report, go over every little detail. If there’s an error, you need to know, especially if it compromises your ability to represent your best interests.

Your Arizona accident report will include facts and the responding officer’s professional opinion about how your accident happened. It will include important contact details for other parties involved in the accident, details about their vehicle and coverage, and the same details about you, your vehicle and your coverage.

All of this is valuable information when negotiating with insurance companies and representing your case in court. When it comes to rear-end collisions, the more you know about your accident report, the better you can represent your case to insurance companies and the court system.

Understand Your Rights

In Arizona, it is generally assumed that the rear-most vehicle in any rear-end collision is the “at fault” vehicle. In fact, this is common across the United States.

Some states are so-called “no fault” states, meaning that regardless of the cause or outcome of an accident, each party involved is expected to cover their own costs for any damage or medical care.

Arizona is not one of these states.

In Arizona, the driver of the rear vehicle is almost always assumed to be at fault in a rear-end collision due to their failure to keep a reasonably safe distance from the vehicle ahead. However, sometimes fault isn’t so crystal-clear. Multi-car collisions are perfect examples.
In a multi-car rear-end collision, the car that caused the crash or chain reaction is almost always the car at fault, and the affected vehicles in between are victims. In this example, the car that created the chain reaction crash is the financially responsible car “at fault.” This is almost always the car at the very rear of the chain of vehicles.

If that car is your car, you may be found to be at fault, and you will want to ensure you have legal representation to limit your liability and your costs.
If you were the victim of a rear-end collision, you, too, may need legal representation. You will want to ensure all of your related costs are covered, including costs to repair damage to your vehicle, medical costs and lost wages due to an inability to work.
Some accident victims make the mistake of accepting low settlements too soon with insurance companies eager to control their costs. Don’t be a victim twice. Talk with us about your case. Let us take a look at your accident report. Together, we can ensure you are properly represented with insurance companies and, if necessary, in court.

If you’ve been the victim of a rear-end collision or accused of being at fault, contact us today to schedule a free consultation. We can help you understand your rights under Arizona law and ensure you are well represented in court and with insurance companies.