Top 7 Reasons To Hire a Personal Injury Lawyer

No one wants to get injured in any kind of accident. Sadly though, it happens. In case you got hurt in an accident, and it was as a result of somebody else’s negligence, you are probably wondering if you should retain the services of a personal injury lawyer. There are many reasons as to why you should hire a professional personal injury lawyer. Here are the top 7 reasons to hire a personal injury lawyer;

1. Experienced and Knowledgeable
Personal injury attorneys have served many other clients, and are highly experienced with other cases similar to yours. They also specialize on personal injury cases, hence are very knowledgeable in the area. They’re familiar with all the basics of law, how to build strong cases, and the type of information to put focus on. They also know how to deal with insurance companies, and how to navigate through the legal system. Moreover, they are knowledgeable about legal things like statute of limitations, along with the paper work filing procedures, and will make sure you don’t lose on what you’re entitled to because of paperwork errors, or such other technicalities.

2. Peace of Mind
Hiring a personal injury lawyer is very important especially at such a trying time in your life. Maybe you have lost wages, you are dealing with mental, physical and emotional pain, and you’re facing high medical expenses which you can not afford. It would certainly help to have an expert by your side, who can provide you with the much needed peace of mind.

3. Best Settlements
Most times, an injured person, with a personal injury lawyer by his/her side receives more compensation from insurance companies, than a person who tries to negotiate alone. Many personal injury claims/cases are usually resolved by negotiated settlements instead of going to trial. A settlement basically means that the plaintiff gives up the suing right, in exchange for the agreed payment from the other party, or their insurance company. A personal injury lawyer will negotiate the settlement on your behalf, and try to get it resolved earliest possible. Moreover, they will zealously represent you, and work towards achieving the best possible settlement.

4. Saves Time
Chances are that you already have enough on your plate. Trying to take on the injury case by yourself can be very exhausting, time consuming and futile. However, if you hire a personal injury lawyer, they’ll be able to spend adequate time building the case. They will review police reports, speak to the doctors, request for your medical records, communicate with other lawyers and insurance companies, and much more. Letting the lawyer handle your case will not only save you lots of headaches, but will also save you a lot of time down the line.

5. Objectivity
Being involved in an injury case can be quite exhausting and stressful. When you’re frustrated and hurt, it can be rather difficult to make rational decisions. After the ordeal, it’s usually difficult to see things rationally through all the pain, anger, frustration and suffering. A personal injury lawyer will be more objective about the case, and wont make any rash decisions. For instance, you might be tempted to take a quick pay out, but your lawyer might advise you that it’s best to wait for a better and more appropriate offer. He/she will also inform you of all of your rights, and have a honest discussion regarding the amount you are likely to recover. Hiring a personal injury attorney basically gives you a clear way of thinking, and a level headed decision.

6. Thorough Investigations
It can be rather difficult to negotiate a fair settlement without properly and thoroughly investigating your case. That being so, you might not know exactly how to gather all of the information needed. Personal injury lawyers know exactly where to start the investigation, and how to obtain all of the information needed to bolster your court case, and gain better leverage for the negotiations. Moreover, they’ve great investigative teams who have vast experience in the area, and can skillfully examine all the technical aspects of the case.

7. They Protect Your Interests
A personal injury attorney will act as your personal advocate when negotiating with the insurance companies. Insurance companies are always trying to protect their bottom line, and do not have your best interests at heart. A personal injury lawyer always has your best interests at heart, and has experience dealing with insurance companies, and wont get confused by their tactics. Hiring a lawyer basically ensures that you’ve someone looking out for your rights.

Well, as you can see, hiring a personal injury lawyer can be quite crucial to your claim. If you or a loved one has been injured due to someone else’s negligence, you should consider obtaining a lawyer as soon possible.

Phoenix Dimished Value Attorney

Schenk Podolsky Personal Injury Attorneys
4140 E Baseline Rd #101, Mesa, AZ 85206
(480) 757-5000

Imagine that you are sitting in your vehicle waiting for a traffic light to turn green when all of a sudden you feel the abrupt and unexpected crunching impact of the vehicle behind you come crashing into the rear bumper and trunk of the brand new 2016 BMW 535i you just drove off the lot.  Now, what?

After filing claims and haggling with insurance companies, and approximately $10,000 worth of repairs, you decide you purchased the BMW on impulse and you no longer want it.  You most certainly do not want it now that it has been in an accident.  You return it to the dealership and listen to the dealer explain that even though your BMW appears as sweet as the day you drove it off the lot, because of the accident, its value has been severely reduced by at least $15,000!

Can you recover the diminished value of your vehicle after it has been in an accident that was not your fault?

What is Diminished Value?

Diminished value is the difference between what your vehicle or property was worth before an accident and what it is worth after repairs.  Less than 5% of people who attempt to re-sell a vehicle understand diminished value.  Diminished value relates to collision damage.  Such damage is permanent because of modern-day manufacturing methods in the auto industry.  Vehicles are built on uni-body construction as opposed to a frame used in prior times.  With each panel welded and engineered for a specific shape the vehicle is structurally stronger as a result.  Even though a shop can restore the appearance of your vehicle, it will be impossible to restore it to its factory condition.  Arizona does allow individuals to receive compensation for diminished value claims if their vehicle has been in an accident.  However, because of their subjective nature, diminished value claims must be proved.

Three types of diminished value in Arizona

  • Immediate diminished value is the loss of value that results just after an accident takes place and based on the difference between market value before the accident and what its value is after sustaining damage.
  • Inherent diminished value is the loss of market value due to a vehicle being in an accident and remains after the vehicle is professionally repaired. It is the loss of value due to the accident.  Place two identical vehicles next to each other on a dealer’s lot and people will always buy the undamaged one.
  • Repair related diminished value refers to additional loss that occurs because of improper or incomplete repairs or inadequate repairs. This could include simple aesthetic damages, as well as major structural shortcomings.

Can you recover diminished value?

Diminished value claims are a bit touch and go. As mentioned, the burden of proof is on the one filing the claim. The best way to a cash settlement is to go after the “at fault” motorist’s insurance company.  Before we can determine if you have a valid diminished value claim we are going to want to know a few things about you and the vehicle.

  • What is the year, model, and make of your vehicle?
  • What was the mileage and condition of your vehicle before the accident?
  • How damaged is your vehicle?
  • Has your vehicle been involved in any other accidents?
  • Were vehicle repairs up to factory standards?
  • Have you been unable to sell your vehicle after repairs?
  • What was your vehicle worth before the accident?
  • How do you prove diminished value?

Do you need an attorney?

In Arizona, you are welcome to state the market value of your vehicle before and after the collision but third-party insurance companies will not accept what you say as evidence.  We recommend consulting an expert Diminishing Value Attorney.  Insurance companies do not like to deal with diminished value claims. They claim diminished value is too speculative.  Not all attorneys have diminishing value claim experience.  With Shenk and Podolsky, Attorneys at Law of Mesa, Arizona, you will get the compensation you deserve.  If you have been in an accident, call Shenk and Podolsky for a free consultation at 480-355-1310.

Schenk Podolsky Attorneys at Law

Our  Phoenix personal injury attorneys will handle a wide variety of cases over the years. Personal injury law allows the plaintiff to collect financial compensation whenever they are hurt as a result of another person’s negligent or careless (and sometimes intentional) behavior, so there are numerous circumstances that can ultimately lead to liability. Some situations pop up more frequently than others.

Medical Malpractice

Personal injury in the form of medical malpractice occurs when a healthcare professional or establishment does not give competent care or does so in a reckless manner, and it leads to a patient suffering a needless injury, sickness, or death. “Malpractice by commission” includes cases where medical professionals knowingly do something that leads to the injury, while “malpractice by omission” means that same professional did not take proper steps to care for the patient. Mistaken treatments, improper diagnoses, and lack of informed consent are all situations that can ultimately lead to a medical malpractice lawsuit.

Car Accidents

This is possibly the most common form of personal injury liability case seen in the United States. Car accidents usually happen because someone failed to follow the rules of the road, or they simply were not paying attention. Other times, an accident is caused because a driver is being intentionally careless about the safety of everyone else. These individuals can often be held liable for injuries and financial losses that result from a collision. There are exceptions in no-fault states, where drivers can only collect from insurers unless there is serious injury involved, but Arizona is not one of those states. More often than not, a car accident will result in a personal injury liability court case.

Defamation: Slander and Libel

Better known as defamation of character, this type of case comes to court when a person suffers injury to his or her reputation because of another’s false assertions. How defamation is to be proven depends on the plaintiff’s public standing within the community as well as where and how the statement was made. Most people only need to prove what was said and that it resulted in some type of financial loss. On the other hand, those with celebrity status or higher standing have to prove “actual malice,” meaning the statement was made with reckless disregard to its falsehood.

Slip and Fall

Slip and fall cases are also very common cases seen by personal injury attorneys. Property owners – and sometimes, renters – are legally required to keep the location in a reasonably safe manner to avoid injury to themselves or anyone else. When someone is hurt on that property due to their failure to maintain this standard, they can sometimes be held accountable. Not all injuries will lead to liability, of course, as it largely depends on the exact facts of the case as well as local and state laws regarding premises liability.

Assault, Battery, and Other Intentional Torts

Rather than negligent or careless behavior, assault and battery cases are based on one person’s intent to cause harm to another. These types of situations almost always involve criminal charges alongside the personal injury lawsuit in civil court. On the civil end of things, the injured party can seek compensation for the injuries they sustained as a result of the attack.

Dog Bites

Most of the time, dog owners are responsible for any injuries their dog has caused. Laws on this matter vary by location, but sometimes the owner can be held accountable even if the dog has never shown any previous signs of aggression. Other cases impose liability as soon as owners become aware that their dog is prone to biting.

If you find yourself in need of a personal injury attorney, please consider reaching out to our law offices to schedule an initial consultation.