About Your Case

How do I know if I need to retain a lawyer?
If you have been injured, there are many complex issues which may arise. Questions concerning both the availability and amount of insurance coverage, the likelihood of success, comparative negligence, and a whole host of related issues are involved in most personal injury cases. If you have been injured, you should consult with an attorney to review the issues which are relevant. Once a consultation has taken place, you will be in a better position to determine if you need to retain an attorney.

How much will this case cost me to pursue?
Our office provides a free initial consultation in regards to most matters including personal injury cases. We normally advance the costs necessary to investigate and prosecute the claim. In the event we undertake formal representation, any costs advanced are reimbursed to us at the conclusion of the case. We are available to represent clients' personal injury claims through out the State of Arizona. If you have a question concerning a possible matter, call us at 520-795-4900 or email us at info@blumlegal.net

What is a contingency fee?
A contingency fee is a legal fee which is dependent upon the successful outcome of a claim. Most attorneys who specialize in personal injury matters utilize a contingency fee agreement because injured clients often cannot afford to pay an attorney for services rendered on an hourly basis. Under a contingency agreement, if there is no recovery, no fee is received.

How much will I recover from a settlement or judgment?
There is no formula or standardized method for evaluating the likely settlement value or jury verdict potential in a given case. Case value is case-specific. It depends upon many factors including but not solely limited to liability, nature and extent of injuries, nature and extent of permanent disability, economic losses (including lost wages and medical bills), as well as other considerations. While our professionals can provide evaluations based upon results in trials and settlements of similar cases, no precise method exists for predicting how much an individual will recover in any given case.

What can I do to help my attorney?
First and foremost it is vital to your case that you be honest in dealing with your lawyer. Do not try to anticipate problems with your case and withhold information. Your attorney should be able to handle most problems if made aware of them early. It is also important that you make all designated appointments as well as follow your attorney's advice.

How long will my case last?
While there are no guidelines in determining how long it will take to conclude a case, a large majority of personal injury cases are settled without the necessity of litigation. There are many variables that will dictate the length of time that will be necessary. Some of the variables include your injuries, medical treatment, and difficulties in dealing with specific adversaries such as the City of Tucson.

Will my case go to trial?
The majority of claims handled by our office settle before trial. However, if a reasonable and fair settlement cannot be reached, we are prepared to take the matter to trial on behalf of our clients.

If I am injured, how long do I have to make a claim?
Depending on the circumstances of the accident, the amount of time will vary. In Arizona, generally there is a three (3) year period within which you must file a lawsuit for negligence claims such as car accidents or slip/trip and fall cases. If the responsible party involves a municipality, you may be required to file notice of a claim within a shorter period of time of the incident. Contact an attorney as soon as possible after you have been injured in order for your situation to be fully investigated, and a proper determination can be made as to what type of action should be taken to preserve your legal rights.

What happens if I wait too long to make a claim for my injuries?
If a lawsuit has not been properly commenced within the time required under the law, you will lose your rights to make a claim for compensation for your injuries.

If I suffer an injury what should I do first?
You should immediately seek medical attention as your health must be your primary concern. Once your condition has been stabilized, you should contact an attorney to investigate your claim on your behalf.

Can I recover money for my pain and suffering?
In many instances, you can recover money for the pain and suffering that you have experienced due to your injuries in an accident. If the accident leaves you permanently injured, or disfigured, you may be able to obtain additional compensation.

Can I bring a case if I do not have social security number?
Yes. You absolutely have the right to be compensated for your injuries, and to receive medical treatment, even if you do have a social security number. Do not let anyone talk you out of your rights. This is especially true for people hurt while performing construction work.

How do you handle accident cases?
At Blum Law Firm, P.C. we have an experienced team headed by Cheryl Inzunza Blum Your representation team will include paralegals, legal secretaries, investigators, experts and/or additional attorneys.

Can you tell if I have a claim after my first visit?
Knowledge and preparation are the keys to evaluating any case. This requires investigation of the facts and circumstances involved in your accident. This is an ongoing process.

What information must I provide?
It is important that you give us as much information as possible. We want to know everything that affects your case. You should initially provide us with a complete statement regarding the facts and circumstances of your accident, including your injuries and medical treatment. If known, we would like the license plate numbers of the vehicles involved, names/addresses/telephone numbers of drivers/owners/witnesses, name of responding police officers, health care providers and insurance companies. Usually a private investigator may gather additional information such as statements, photographs, and documents. Once we have sufficient information, we will assess the merits of your case.

How often should I stay in contact with you?
Please call us anytime you have a question, or need help. Be sure to contact us at a minimum of once per month. Keep us informed of your health status, and of any other circumstances related to your case. It is very important to keep us informed if your address, and/or telephone number, should change.

If I have a case, will I be guaranteed a recovery?
There are never any guarantees in life, or in accident cases. There is always the risk that your case will result in no recovery. The judicial process is not perfect. Judges or juries can make mistakes, errors, incorrect decisions, or simply differ with your interpretation or opinion regarding the law, evidence, facts, circumstances, or other aspects of your case. This unfortunately adds an element of risk to all legal matters.

What is liability?
Liability means that someone is legally responsible for your injuries. A professional assessment of possible legal defenses such as comparative negligence and assumption of risk must be assessed as it relates to applicable laws. Until a case is resolved, and as an investigation continues, liability evaluation is a continuing process. Conclusions regarding the defendant’s responsibility may change as more information is received.

What are damages?
Legal damages consist of injury to person or property (such as your car). Damages may include actual and projected medical charges, loss earnings, psychological injury, permanent disability, economic loss, and pain and suffering. Injuries include new injuries or aggravation of pre-existing injuries. Your treating doctor(s) must be able to clearly testify with a reasonable degree of medical certainty that your injuries were caused by the accident.

How do the insurance companies operate?
Insurance companies are businesses that depend on their bottom line. Each personal injury victim is a potential expense to them. Their interests are fundamentally at odds with accident victims. Moreover, some insurance companies spend millions of dollars and clever marketing schemes trying to convince the public that they do not need the professional advice of an attorney. Remember that the defendant’s insurance company, lawyers and investigators will diligently work to minimize your claim. During their investigation, it is possible that they will attempt to contact you through various (and sometimes devious) methods. You should refrain always from discussing this matter with anyone, including your employer, friends, neighbors, and even your relatives.

What should I do about my injuries?
Give careful attention to your injuries. You may not initially appreciate the severity of your injuries. You may fully recover or be permanently disabled. Do what is required to reach maximum medical improvement. Follow your doctors' instructions. Clearly, explain the difficulties you are having. Be sure to keep all appointments. Tell the doctor everything about all pain, discomfort, symptoms, and problems.

What is the value of my case?
As your case develops, we will try to project what would be a fair settlement. We will always try to get the best possible settlement for you. Notwithstanding, we believe that the optimum value of any case is dependent upon sound preparation and information. Once we complete our investigation, we can better estimate the possible extent of the defendant’s liability. Be assured we will always work to optimize the value of your case consistent with our professional judgment.

What is the process of negotiating with the insurance company?
When you have completed your treatment, and we know the extent of your injuries we will attempt to reach a negotiated settlement. Usually, this involves discussions with insurance adjusters. We begin this by sending them your medical bills, lost wages, and reports from doctors. We will give them ample time to review our submission and await their response. This process may or may not be productive. The success of this procedure varies with each case and the insurance company involved. The bottom line is money. The insurance company wants to pay as little as possible, and we want the most we can obtain. Remember, a negotiated settlement is possible anytime the parties can agree, even during the trial. If the insurance company fails to offer a fair settlement, we will file suit. Again, this procedure can vary from case to case.

How long will it take to resolve my claim?
The duration of your case depends largely on the nature and course of your medical treatment. We will not settle your case until we are reasonably certain of the full nature and extent of your medical condition. Once this becomes apparent, we will attempt to negotiate your claim. If negotiations are unproductive, we will pursue litigation. In either case, our goal is to obtain the best results consistent with the merits of your case.

Should I keep any records?
Yes. You should keep a system for recording the expenses incurred with your claim. Medical expenses are a significant part of your lawsuit, so it is important that you keep good records.

What are the most important things to do at the scene of a motor vehicle accident?
(1) Keep calm, don't argue or accuse anyone, don’t admit guilt
(2) Call the police, and file written accident report
(3) Request an ambulance, if you are injured
(4) Secure license plate numbers, and names of insurance carriers of other vehicles involved
(5) Secure names and addresses of other drivers and witnesses
(6) Do not discuss the details of your accident with anyone other than Blum Law Firm, P.C.

What should I do when I complete my treatment?
Be sure to contact the office when you have been discharged by your doctors so that we may contact your doctors to send me their reports and bills.

The other person’s insurance company has contacted me, should I give a statement?
Absolutely not. You do not have a duty to cooperate with any insurance company. You should never give a statement to an insurance company without the advice of an attorney. You should tell the insurance company to contact your attorney. Your attorney will decide if a statement is necessary, and make arrangements accordingly. You are not trained in these matters and may say something that could eventually be harmful to your claim. This is why we recommended that as early as possible you seek representation from an attorney who is familiar with these issues. Once you obtain legal representation, if the insurance company should try to contact you, inform them that you are represented. This will require all further contact to be through your attorney.

Do I have to talk to my own insurance company?
Due to the language contained in many insurance policies, you may have a duty to cooperate with your own insurance company. Under most insurance policies issued in Arizona, there is a duty to provide notice of an accident to your insurance company "as soon as practicable" after the accident. If you do not provide your insurance company with notice, there is a risk that your insurance company could deny coverage to you for the accident as a result of your failure to provide them with timely notice. However, your attorney can provide your insurance company with notice of the accident, and your attorney will make the necessary arrangements if your insurance company wants a statement.

I was involved in an accident with someone who claims to have no insurance at the time of the accident. Can I still obtain compensation for my injuries?
Yes. Although Arizona has mandatory auto insurance requirements, many vehicles still do not carry the required liability insurance. Uninsured motorist protection is insurance coverage that is provided to protect you in instances where you are injured by another individual who has failed to purchase liability insurance. You may be able to recover under the insurance policy of the vehicle you occupied, whether you were the driver, owner or passenger. At Blum Law Firm, P.C. our attorneys are well versed with the special requirements of the uninsured motorist law. If this type claim is being made under your own policy it should not result in an increase in your premium, or a cancellation of your coverage.

I was involved in an accident with a driver whose insurance coverage was not adequate to compensate me for my injuries. Can I obtain additional compensation from my own insurance company?
Although Arizona has mandatory auto insurance requirements, many vehicles only have limited coverage. In an under insured situation, the negligent party has inadequate liability coverage to compensate you for your injuries. However, you may be able to recover under the insurance policy of the vehicle you occupied, whether you were the driver, owner or passenger. At Blum Law Firm, P.C. our attorneys are well versed with the special requirements of the under insured motorist law. If this type claim is being made under your own policy it should not result in an increase in your premium, or a cancellation of your coverage.

I was recently injured in an automobile accident by an unidentified car that left the scene. Is there any way I can make a claim for my injuries?
Yes. Under Arizona law in such a situation you may be able to make a claim under the insurance policy of the vehicle you occupied, whether you were the driver, owner or passenger. If this type claim is being made under your own policy it should not result in an increase in your premium, or a cancellation of your coverage.

If my car was damaged, do I need to obtain a property damage estimate?
If your car was damaged in the accident, please bring (or mail) to the office a written, itemized estimate of the cost of repair to your car.

My car was totaled in the accident and probably will be destroyed. Should I take pictures of the damage before it is destroyed?
Yes. Photos should be taken of the damage to your vehicle and your injuries. The photographs document the damage to your vehicle, and the severity of your injuries, and may be helpful and/or necessary to resolve your property damage and bodily injury claims.

Should I have my own insurance company pay for the damages to my car?
If you have collision insurance on your damaged motor vehicle, you may choose to pay the deductible amount and have your own insurance company pay the rest of the damage. If you do this, you will not be able to collect for your vehicle’s damage against the other driver's insurance company.

If I am involved in an auto accident, who pays for my medical bills?
Under Arizona no fault law, every owner of a motor vehicle must provide no-fault coverage. The no-fault coverage is used to cover medical bills and lost wages for anyone injured in the vehicle, whether you were a driver or passenger, regardless of who was at fault for the accident.

Does Arizona law require everyone to have no-fault insurance?
Yes. The amount and type of coverage can vary but the minimum no-fault coverage allowed is $50,000.00 per person.

What is a no-fault application?
A no-fault application is the form that must be filed with the no-fault carrier within thirty (30) days of the date of your accident in order to be eligible for benefits.

Does Arizona law require everyone to have liability insurance?
Yes. The minimum policy allowed is $25,000.00/$50,000.00. This means that no one person can collect more than $25,000.00, and there is $50,000.00 available if more than one person is hurt.

What if I have a claim against a city, county, state or other government agency?
Claims against public entities are subject to special claim filing requirements, and provides shorter time periods to commence actions. Accordingly, it is very important that a person who believes he or she has been injured through government action contact an attorney at once.

What if I was hurt at work?
Whenever a person is hurt at work they are automatically entitled to the benefits of worker's compensation insurance. We do not handle worker's compensation claims, but can usually provide the names of certified specialists in your community. In addition to worker's compensation, many times the right to bring an action against someone other than your employer also exists. These are called "third party cases." Prompt investigation of third party cases is critical. If you were hurt at work and you believe it was the fault of someone other than your employer, it is critical that prompt investigation be undertaken to secure evidence, identify witnesses, and determine whether sufficient facts exist to justify a claim against another person or entity.