Personal Injury Frequently Asked Questions



Being in town means we can provide our clients with extensive legal knowledge in personal one-on-one atmospheres. The client always comes first with our personal injury attorneys. Let us help determine the next steps for you and your family.

If you were involved in a car accident you should:
Go to a safe place – It’s not safe to stand or linger on the road after a car accident. If you can, pull your car off the road. If you can’t, turn on the emergency flashing light, remain in your car or get off the road
Call 911 – After a car accident, you need to have trained police officers to investigate the crash site and to assess the situation. Also, having a police report of the crash could help your case if you decide to file a claim for compensation
Get medical attention – When you call 911, the emergency services will also rush to the crash site to examine you and provide you with medical attention if necessary. You might feel good, but there could be some underlying injuries that you’re not yet aware off. So get a medical exam as a precaution to check for whiplash, brain injury etc.
Contact an experienced personal injury lawyer – You need to be aware of your rights and file a claim for compensation if you’re eligible. Navigating the entire process can be complicated and time-consuming. So, make sure that you contact a personal injury lawyer to represent you.

Yes, you should definitely take photos if you can. Photos and digital evidence of the sustained damage can really benefit your claim against the insurance company, in the event that they refuse to acknowledge your injuries and damages. The personal injury lawyer will use the photos to show the severity of the damages and how severe were your injuries. Photos can sometimes make a huge difference between a reasonable settlement or litigation. So use them to your benefit as much as possible.

There are a several things that you shouldn’t do in the event that you get into a car accident:
Calling the police and emergency services – Both the police and medical services will create records and reports of the accident and the injuries sustained. Both of these reports can be useful in your claim for compensation against the negligent driver.
Giving recorded statements – Often enough, car accident victims are contacted by insurance companies where they want to collect additional information on the accident and injuries sustained. Keep in mind that you’re on opposite sides – you want to receive a fair compensation and the insurance company wants to pay out as little as possible. So make sure that you avoid giving recorded statements or signing anything that the insurance company gives you. Instead, you should direct them to speak with your personal injury lawyer.
Waiting too long – There is a certain period of time in which you can take legal action and sue for personal injuries. This window is known as “statute of limitation”. In Arizona, the statute of limitation for a car accident is two years. Which means that in that time (from the day the accident happened) you can file a personal injury lawsuit or claim.

Sometimes you don’t know who caused the car accident because the negligent driver drove away. In cases of hit-and-run accident, you might be eligible to receive compensation under the underinsured/uninsured motorist policies. To see if you’re eligible for this type of compensation, contact our personal injury lawyers.

In many states, insurance companies offer uninsured/underinsured motorist coverage. With this, you will be covered in case the negligent party isn’t insured at all or the insurance is not sufficient. This type of coverage means that your damages will be covered by your own insurance carrier, and not the insurance of the negligent party.

If you’re entitled to receive compensation for injuries sustained in the car accident, the compensation will most likely include no-fault medical benefits, lost wages, property damage, future medical costs and pain and suffering. Filing a claim can be a tedious and complicated process, especially if you don’t have any knowledge or experience in the matter. This is why we highly recommend that you have a personal injury lawyer who will not only assist you in filing a claim, but it will also communicate with insurance companies on your behalf, represent your best interests and make sure that you receive the compensation that you’re owed.

Sometimes, yes. If there is a possibility, then this is a case of comparative negligence, where you are entitled to recover some of the damages that you sustained. The difficult part of these types of cases is determining the amount of negligence of both parties, to see who is more at fault. Quite often, these cases end up in trial, where a jury decides who is more to blame.

Call the police to have a report made and then get checked out at the emergency room for injury.

Contact Schenk Podolsky for a free consultation and evaluation of your case. 

Oftentimes injuries may not manifest for several days.  Be aware of how you feel over the days following an accident.  Moreover, you may have property damage related claims available to you even if you are not injured in an accident. 

The Statute of Limitations in Arizona is 2 years.  You must either settle your case a file a lawsuit within this time period of lose your right to bring the claim forever. 

You should not provide any statements about the accident or your injuries.  You should contact Schenk Podolsky and let us handle all the communication with the insurance adjuster. 

Each case varies but compensatory claims for your medical bills, lost wages, property damage, and pain and suffering are just some of the damages available. 

The value of each case varies depending on numerous factors.  Contact Schenk Podolsky for a free consultation and evaluation. 

Pre-existing conditions can actually make one more susceptible to receiving an injury in an accident.  Therefore, pre-existing conditions are not a bar to bringing a claim for injury following an accident.

Arizona is a comparative fault state meaning that even if you are partly at fault for the accident you can still bring a claim for injury.  However, your damages could be reduced to the extent you are at fault. 

The length of time to settle a case varies based on several factors including the extent of injury and duration of treatment.  Call Schenk Podolsky for a free consultation and evaluation.   

Upon settling your claim the insurance carrier will require a release of all claims meaning that you cannot come back at a later time and ask the insurance carrier or the at fault driver for anything additional.  It is important to review a release to ensure you are not agreeing to anything beyond the scope of the settlement.  Schenk Podolsky can ensure this.

Once a settlement is reached most cases can be disbursed within 30 days. 

Schenk Podolsky can work with medical providers and have them wait for payment until a settlement is reached.

Contact Schenk Podolsky to discuss all of your options to help you make up for lost wages until settlement.

Contact Schenk Podolsky to discuss all of your options when it comes to work related accidents.

In our experience accident victims obtain better settlements with an attorney like Schenk Podolsky on their side.  That way we ensure you do not do or say anything to damage your claim and we keep the insurance companies honest.

We work on a contingent fee.  No retainer fee, no out of pocket expense.  We only get paid if we win.


We will answer questions about your case and will even make home or hospital visits anywhere in the Phoenix Metro area. Please give us as much detail as you can and a staff memeber will get back to you within 24 business hours.

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