Accident & Injury Law

Accidents involving cars, motorcycles, trucks, and buses account for many serious accidents on America's roadways. These accidents can be the result of driver error, improper traffic control devices, poorly designed roadways, and vehicle design or tire defects. Any or all of these potential issues may contribute to a motor vehicle accident. Identifying the possible causes of a motor vehicle accident may be simple, or may be complicated (i.e. requiring the assistance of accident re-constructionists, design engineers, or other qualified experts). Cantor Simon can assist in locating these experts, along with proper medical treatment, in order to assure you the best settlement possible. In addition, Cantor Simon will assist in rental car arrangements and medical payment liens in order to assure that no out of pocket costs are paid by you until the conclusion of your case. If you, a family member, or a friend have been injured in a motor vehicle accident, please call us immediately, or click on "CONTACT US" to submit a short form.

Insurance companies (even yours) are NOT your "friends"!!

Immediately after you are injured in a motor vehicle accident, the insurance adjusters, insurance investigators, and insurance defense attorneys begin to work on limiting how much money their insurance company will have to pay you - the victim. Even though you were not at fault in the accident, the other driver's insurance company may immediately send investigators to take photos of the accident scene and the damage on both vehicles. Next, the insurance adjustor (i.e., the individual from the insurance company who will decide how much money, if any, to pay to you) will begin preparing your case. It is their job to reduce the amount of money that their employer (the insurance company) will pay to you. They often will immediately contact you in order to get a tape-recorded statement on the phone in order to minimize your reward. They will also offer you a small amount of money within 24-48 hours after an accident and will attempt to get you to sign a release waiving all future legal rights. The reason that they do this is that most accident victims do not begin to feel the real pain until 48 hours after an accident. These are known as "soft tissue" injuries and can persist for the remainder of your life.

If you attempt to settle the case yourself in order to "save some money," chances are you will obtain a much smaller recovery, even without a lawyers fee. Remember, your future and your families future may be altered by what you do or say to any insurance company's employee. This is the equivalent of a tourist walking into a Las Vegas casino for the first time and attempting to play cards against a professional card shark- you will walk away with less money. The insurance companies are NOT your "friends".

In even simple motor vehicle accident cases which involve permanent impairment, settlements can range anywhere from five figures up to seven figures plus. In most cases, the important factors when ascertaining the level of settlement is specifically based on the amount of medical bills, the pain and suffering, life care costs and employment damages.

Medical bills often can run well above $100,000 if there was extended hospitalization with subsequent physical and vocational rehabilitation. Getting these bills paid is often the primary goal of the accident victim's family. Often when another person is at fault for the injury, their insurance companies adjustor will attempt to approach you as soon as possible after the injury in order to offer a settlement. These settlements will include "taking care of all of the medical bills". It is very tempting to sign papers and accept the settlement, however, they will not adequately pay for the years of life care that will follow along with vocational training which will be necessary after the immediate hospital stay. Never accept any type of settlement with an adjustor before speaking with a qualified attorney who handles serious injury cases. Remember, serious injury cases are different than other types of cases. Simply settling for three or five times the medical bills is not an option with serious injury cases. Many times when individuals are comatose, the medical bills will remain steady and constant, yet the damage to their future lives is increased dramatically with every day they are in a coma. Make sure you contact Cantor Simon immediately if you are approached by an insurance adjustor, or if another attorney has suggested that you settle for "three times the medical bills" for a serious injury case.

Pain and suffering calculations are often combined with employment losses and damage to ones family life. Usually, in order to ascertain these types of damages, you will have to look at the lifelong impact on the injury victim. It is important to focus on how much the life care costs will be along with the employment losses and damage to the victim's family life. Many times the award given by juries regarding pain and suffering can be larger than all the other damages combined. This is sometimes due to the fact that even though somebody's future earning capacities would total $1,000,000 in their lifetime, it is not worth any amount of money to live in constant pain, with a vastly lowered IQ and in a partially vegetative state. The same holds true even if a less serious injury still allows the victim to work, but his life enjoyment is greatly reduced.

Life care costs are often defined as not only the future medical bills, but also the amount it will cost to secure rehabilitative treatment and in-home care. Many times the vast majority of the in-home care will be conducted by family members. This does not mean that this care was "free" or "without cost". Family care can be even more taxing and costly to the family unit due to the fact that it may remove other members from their employment. It is very important to your case to secure the proper experts and produce the right testimony during the settlement phase or, if necessary, at trial. At Cantor Simon we will secure the top life care experts to work on your family member's case.

Employment damages also need to be calculated when dealing with any injury case. Many times a person will no longer be qualified to perform the work they were doing prior to their injury. However, they may be able to secure employment in a different field. Many times this "secondary" field of employment pays a much lower wage than what they were previously making. In severe cases, some victims are often unable to work at all. In other cases, the injury has occurred to a child prior to them being given the opportunity to go to college, or receive training to secure a job. Determining their losses requires a highly skilled law firm, such as Cantor Simon.

Sometimes an injury can be more discrete, and not quite as noticeable. Although the injury victim may secure employment, they often lose that employment shortly thereafter, or they do not get promoted within their workplace. Again, it takes a highly skilled lawyer to pinpoint these facts when determining the amount of employment losses.

Once an individual has suffered a physical injury, even if it is slight, often their employment lifespan will be shorter than before. In order to calculate damages, it is necessary to look at what a person was making and what they would have made prior to their injury. You then look to what they will now make, and you calculate how much money will be lost over the course of their working career. You also must factor in if they have a shorter working career than they would have had before the injury. Many times a true number can be calculated by utilizing a multiplier dealing with inflation and an increase in a certain occupations' market value. It is important to have the proper vocational expert calculate these types of future loses.

Although many times this may not be the largest number requested when calculating damages, it is often the most understandable number to the average person. The average juror will understand "the accident victim will lose 'x' amount of dollars over his lifetime, and his family will never see this money". When this number is combined with existing medical bills and projected future life care costs, it will magnify the pain and suffering award greatly. It is easy for a jury to understand how a victim once destined for a full and rewarding personal and employment life fears he will be forced to settle for less. The juror will understand that it is their role to make sure that person does not have to "settle for less". At Cantor Simon, we also make sure that the insurance company knows this too and we will increase your loved one's chances of a large settlement prior to any type of trial.

• Regardless of who is at fault for a motor vehicle accident, your insurance company is responsible for paying your initial medical expenses (up to policy limits).
• You are entitled to money to replace lost income from work, or to pay for someone else to complete your household chores if you are unable to do so due to injuries sustained in the motor vehicle accident.
• If your vehicle is damaged in a motor vehicle accident, and it requires repair or replacement, you are entitled to a rental car if you are not at fault.
• Semi-trucks and other commercial vehicles have a greater duty to be careful on the roadways and are often more responsible for injuries and damages that they cause from improper driving.
• If you are injured, you are entitled to money for past, present and future pain and suffering. This amount can be limited depending on which state you live. However, in Arizona, there is no specific limitation on the amounts you can recover for pain and suffering.
• Even in non-motor vehicle accidents, if you are injured as a result of someone else's negligence, you are entitled to money to compensate you for pain and suffering.

1. Stop your car immediately, no matter how minor the accident. Arizona law requires that a driver of a vehicle involved in an accident (no matter how minimal) must stop his or her vehicle and exchange information with the other driver and the owner of any property which may have been damaged. If at all possible, do not move your vehicle. If the accident is very minor, then pull safely off the roadway to exchange information.
2. Assist any injured persons. Your first duty after stopping your car is to assist any and all other injured persons. If someone is seriously injured or unconscious, call an ambulance immediately. Try to make the other person comfortable, but do not move them unless you know exactly what you are doing and are trained in medical care.
3. Protect the scene. If it is safe to do so, it is best not to move your vehicle until law enforcement has arrived. If you car poses a safety threat to other traffic and it can be moved safely, then use your common sense on deciding whether to move off the roadway.
4. Call the police. Even if the accident is minor, you should still phone police in order to file an accident report. Many times the dispatch operator will tell you that they will not respond if it appears there is less $500.00 in damage, and there were no injuries. Even if you feel that this may be the case, you have at least phoned in to report the accident. Later on an officer may contact you to prepare a report.
5. Sign the ticket. If the police arrive and determine that you may be all or partially at fault, they will issue you a citation. You are required to sign the ticket in order to promise that you will appear in Court at a later date. This is not an admission of guilt, it is merely a formality.
6. Identify the other drivers. Be certain that you get the other drivers' address, telephone number, and insurance information. Also write down the license plate number and a brief description of passengers who may have been with that person.
7. Identify witnesses. As soon as is possible, get the names, address, and telephone numbers from all the witnesses who are present. Although they should remain on scene until the police arrive, most people will leave shortly after ascertaining that medical care is on its way. These witnesses may be critical to your case, so get this information as quickly as possible. Normally, asking for a simple business card will suffice.
8. Gather other information. As soon as is reasonably possible (usually after you get home) write down a description of how the accident occurred, including the time, place, weather and road conditions, and a detailed explanation of how you were driving. Draw a diagram of the road or roadways and the positions of the vehicles before, and after the impact. Do not give this information to anybody other than your attorney. Make sure that you hold on to the accident information exchange slip that the officer will have given you at the accident scene. This contains the information regarding the other driver and a police report number. Cantor Simon will then secure a copy of your accident report as quickly as possible.
9. Do not make any statements. Arizona law only requires you to exchange address, driver's license number, vehicle registration, and copies of your insurance cards to the other driver. Other than this, never make any statements or comments (these will be used against you later). Never apologize or admit that the accident was in any way your fault. never say, "i did not see you". never speculate about anything that you are not sure of. For example, your estimate of speed at the time of the accident will usually be wrong. Be careful what you say, because it may come back to haunt you later (both in a civil lawsuit and potentially with criminal liability).
10. Listen carefully. Listen to everything that the other driver or witnesses say. What the other driver says can be used against them to help you with your claim. If they apologize, or say that they did not see you, write it down immediately. Simple apologies are almost always viewed as an admission of fault.
11. Go to the emergency room or your family doctor immediately. Even though you may think that you are not hurt, only sore, you may actually have sustained a serious injury. Due to the stress and adrenaline rush, which often accompanies accidents, the brain often masks the extent of the real injuries. You may have internal injuries which you are not aware of and a proper diagnosis by a doctor could help identify a more serious problem. Also, let the doctor know of any old injuries, which are now aggravated due to the accident.
12. Call Cantor Simon. At Cantor Simon, we will do everything we can to assist you following your accident. If you cannot come to us, we will be happy to come to your home or the hospital. When you call Cantor Simon, you can rest assured that you will have a phone consultation with an attorney, not a paralegal. Although our paralegal will initially gather information, they will then route your call to an attorney. In addition to assisting you with your accident claim, we also help you in making rental car arrangements, and obtaining medical assistance along with medical liens which will prevent you from paying any out of pocket costs until your case is actually settled.
13. Call your insurance company. Call your insurance company, even if the other driver was cited and you were not. Do not, however, give them any recorded statements or written statements until after you have consulted with Cantor Simon and have received your attorney's approval.
14. Never give a recorded statement to the other driver's insurance adjustor! The insurance adjustor for the other driver will attempt to call you within 24-48 hours after the accident. He or she will attempt to get a recorded statement in order to use against you later on. They will also try to offer you some type of minimal settlement in order to dispose of the case immediately. Simply tell them that you are represented by Cantor Simon, and that your attorney will call them later.
15. Take photos of the accident scene. Once you are on your feet, or if a family member is available, go back to the accident scene and take photographs. Be sure to include any landmarks, such as signs or buildings, that will be easy to describe in each photo. Try to include photos of skid marks, damage to grass, trees, or shrubbery, and look for any small car parts that still may be on the ground. Take photos from far away and up close. You may want to shoot multiple rolls of film in order to get every angle and direction. Time will eventually alter the accident scene, so this is very important. If you have retained Cantor Simon, we will send out our accident investigator to photograph the scene for you.
16. Take photos of damage to the vehicle. Again, do not be afraid to use multiple rolls of film. Take photos from every possible angle, both close up and far away, of your vehicle and the damage sustained. If any parts came off your vehicle, also photograph those. If necessary, Cantor Simon will be happy to go to the impound yard in order to do this.
17. Take photos of your injuries. Again, do not be afraid to use multiple rolls of film. Take photos of all cuts, bruises, casts, bandages, abrasions, or seat belt marks. If you are hospitalized, or cannot move around easily, have a friend or family member photograph you in your room, showing various angles of equipment that you may be hooked up to (i.e. I/V's, heart monitors, traction, etc…). Cantor Simon will be more than happy to (and prefer to) have one of our attorneys to come out and meet with you in order to photograph your injuries. Make sure to photograph these injuries every few days in order to document bruising and swelling. Many times a bruise will not fully develop until several days after the injury.
18. Start a diary. Start a daily record of all pain and inconveniences that you are suffering as a result of the accident and the injuries. Write down everything, including what you are thinking, and provide that to your Cantor Simon attorney only.
19. Keep records of missed time from work. If the other person is at fault, you will be entitled to recover monies for lost wages and reduced bonuses due to missed quota production numbers during your time off. Keep not only your paycheck stubs, but also written records. Write down the names of any and all company supervisors who can back up your claim of lost wages or bonuses.

What if I did not tell the officer that I hurt? Due to the fact that you have just had an accident, which has given you a large amount of stress plus an adrenaline rush, your brain may be masking the fact that you are actually injured. You may have told the officer "I am not injured, do not call an ambulance". If this occurs, many times that officer will check a box indicating that your injuries were a "level 1" (i.e., no injury). This is common and will not "ruin" your claim for damages.

What if the next day I could barely move; is it too late to make a claim for my injuries? The answer is "no". Due to the fact that it is normal for the body not to immediately recognize the symptoms of an injury until hours after an accident, your statement to the officer that you were "fine" is not a significant obstacle to recovering for your injuries. This is why emergency rooms often issue instructions when releasing patients warning them to watch for various symptoms which indicate that their condition is worsening. Many times people are sent home from the hospital with life threatening brain injuries or blood clots even though they indicated that they "felt fine". It is almost universally accepted that symptoms start as minor, and then increase as time progresses. This can be anything from swelling of the brain to swelling of discs in your back.

What if it was several weeks before I started having problems with my back and neck? Again, this is a very common occurrence, especially if you had more obvious pain at the time of the accident (such as a hurt arm or leg). Many times, the brain will only register the worst pain (such as scrapes and bruises) and it may not "tell you" that a more serious back or neck injury has occurred. Due to the fact that you are stiff and everything aches all over, it may take weeks for a weakened body part to finally give out.

What if there was barely any damage to my vehicle? The injuries to you will have occurred primarily as a result of two things: (1) the contact of your body with some other object, usually then interior of the vehicle or the steering wheel; or (2) a rapid change in the speed of your body from front to back or side to side (i.e., whiplash). In this situation, your body could be subjected to life threatening forces without significant damage to your vehicle. The perfect example of this was the death of NASCAR racing legend Dale Earnhardt. While on the television replays it appears as if his car had very minor damage in the accident (minor even by street accident standards), his head and neck moved in such a way as to kill him. In fact, sometimes the injuries are worse because the energy of the collision was transferred to the movement of the vehicle (i.e., the "whiplash") rather than the actual damage to the vehicle.

What if I was not wearing my seat belt? By not wearing your seat belt, you have violated the law and are subject to a ticket which could cost you $19.00 for a first offense. It may also result in an argument from the insurance company that you contributed to your own injuries and are partially at fault when compared to the other driver. This could potentially reduce your recovery, however, the reduction is not enough to deter Cantor Simon from representing you. Many injuries which occur in a motor vehicle accident would not have been eliminated by wearing a seat belt.

What if I was wearing my seat belt? You should always wear your seat belt due to the fact that they can save lives and reduce the risk of hitting the windshield, steering wheel, or being thrown from the vehicle. However, because a seat belt is only around your waist and one shoulder, this holds a person in a fixed position and some times will aggravate the increased acceleration and deceleration forces on the head, neck, and back. In addition, the resulting rotation or "twisting" which occurs on the 1 free shoulder can create an even greater potential for injury. Although seat belts can contribute to injuries, they normally will reduce many of the life threatening injuries. However, they by no means assure against having any injury.

What if I did not hit my head yet I am still having severe headaches? Your brain can be injured, with or without hitting your head. This again is due to the "whiplash" effect which occurs due to rapid acceleration and deceleration forces. Your head will move one way and your brain will move the other. The will result in your brain impacting the inside of your skull. When this occurs, many of the cellular structure on the outer layers of the brain will "sheer". This occurs due to the different densities of the neurological tissue moving at different speeds, which causes the tissue to be displaced and torn. Again, there may be no bruises on the outside of your head, yet your brain will have suffered an injury.

What if it was a family member or my best friend who was the driver and I was merely the passenger? Although it is not fun suing a friend or family member, somebody needs to pay for your injuries. In reality, these people are normally insured, and therefore you are not suing them, you are suing their insurance company. This is what insurance is for, so your friend or family member will not have to pay. If your friend or family member was at fault for the accident, then their insurance company should adequately compensate you for your medical bills, damages, pain and suffering, etc.

What if the other driver is uninsured? If you have insurance on your car, then the fact that the other driver is uninsured will usually not prevent you from recovering for your injuries. Chances are that your policy was sold to you with "uninsured motorist" coverage. This allows you to collect from your own insurance company for the damages caused by the other uninsured driver. In addition, you were probably sold what is known as "underinsured motorist" coverage. This means that if the other driver does not have enough coverage, your insurance will provide any additional coverage.

What if I do not want my insurance rates to go up? If the accident was not your fault, then your insurance rates should not go up. Merely filing a claim for uninsured or underinsured motorist coverage will normally not affect your rates. However, if your insurance company does raise your rates, you can simply transfer to another insurance company. In addition, this increase will be minor compared with the size of any recovery you may potentially receive. You should never forego pursuing a claim due to the fact that you are concerned about your insurance rates.

In reality, if you are in an accident and the other person is at fault, you need to have adequate treatment immediately. It is important that you make sure that there will be no residual complications which could affect you years down the road. If there are going to be residual complications, then you need to be adequately compensated for your damages. Contact Cantor Simon immediately, and we will fight to obtain the largest settlement possible to compensate you for your damages. Although you would always be much better off never having an accident, chances are you will have one or more during your lifetime. At Cantor Simon, we have trained specifically to fight for people such as you. David Cantor and Craig Simon alone have over 40 years of combined Jury Trial experience in all types of cases. Our Firm's 10 lawyers have a combined 130 years of legal experience! While others claim to be aggressive, we truly are "Beyond Aggressive!!!" and will leave no stone unturned in fighting for you. Either call us or or you can click on "CONTACT US" and E-mail us directly.

Although we will interview you in depth during your first meeting with us, that interview will only result in obtaining general information regarding the date of the collision, place of the collision, and the circumstances surrounding the collision. We will begin by making a file on your case that organizes the facts we have obtained and we will begin preparing as if your case was going to proceed to trial. We prepare each file as if it was going to trial, even though approximately 95% of all cases are settled short of an actual trial occurring.

Gathering Information:

We will notify the other party's insurance company that you have retained Cantor Simon as your attorneys. We will also request that the insurance company give us a copy of any statements you may have given them.

Letters are also sent to all physicians and hospitals involved in the case, notifying them that you have retained Cantor Simon to represent you. At the same time, we request that they, your physicians and hospitals, do not give any information to any insurance adjuster or investigator for the other party. Letters are also sent to other people with whom you have incurred a bill as a result of your injuries, advising them of our representation and advising them that any unpaid medical bills may be paid from any recovery made in your case. We will further advise them that you will execute a lien against your recovery. This is done because many creditors are willing to wait for the payment of their bill if they have a reason to do so. However, some creditors will actively pursue payment no matter what action we take and, as I am sure you are aware, all medical bills are your responsibility whether a recovery is obtained or not. Any police officers who may have been involved will be interviewed, witnesses will be contacted, and, if necessary, photographs of the collision scene will be taken. Additionally, any necessary information from the Director of Internal Revenue, employers, schools, or other persons who have information supporting your claims will be obtained. If necessary, an investigator will be hired to assist us in this investigation. That cost, like other out-of-pocket costs, are your responsibility and can be deducted from any recovery or paid up-front by you if you choose.

Claim Analysis:

No case should be settled until your medical condition has reached medical improvement, including future medical expenses, and all investigation has been completed. At a minimum, a month to six weeks is needed to gather the necessary information, but in some cases, where witnesses have moved or are reluctant to talk, that process can take much longer. Additionally, it may be impossible to obtain the necessary medical information because your doctor(s) cannot answer many questions until your treatment has concluded. Sometimes, we have to wait six to nine months, or longer, from the date of the collision before we receive a final medical report from your doctor about your medical condition and possible future medical expenses. If a mandatory arbitration in your case becomes necessary it can take an additional year to reach arbitration. Then, if either side does not like the result, they can appeal to Superior Court for a jury trial, adding additional months to the process.

As soon as the investigation has been completed and all necessary medical information is obtained, we will evaluate your case. We will attempt to help you understand our evaluation and will attempt to arrive at a proper settlement amount with you. No settlement is ever accepted or rejected by Cantor Simon without your consent.

Uninsured/Underinsured Motorist Claims:

An uninsured motorist claim is where the person who is responsible for your injuries had no insurance and you are filing a claim against your own uninsured motorist coverage. An uninsured motorist claim is available only if you have purchased uninsured motorist coverage from your insurance company. Your insurance company assumes the role that would have been taken by the responsible party's insurance company if there had been insurance, except that uninsured motorist coverage does not cover property damage. You must notify your insurance company of the collision to begin this process (we can do this for you). However, except in very rare circumstances, if we cannot agree to a value for your claim, we do not go to trial. We go to an arbitration hearing as defined in your insurance contract. The process is that we choose an arbitrator, they choose an arbitrator, then the two arbitrators choose a "neutral", or third arbitrator. An arbitration is like a mini-trial, with sworn testimony and witnesses, but with relaxed rules of evidence. The decision of the uninsured motorist claim arbitration is final.

Property damage usually means damage to your motorcycle. It can also cover damaged jacket and clothes, broken windscreens, paint damage, tank and fender damage and the like. The property damage is usually settled long before you are well again. We can settle your property damage without dealing with your personal injury claim. Except in very rare instances, i.e., a collector's bike, a show bike, etc., the other insurance company is responsible only for the fair market value of your motorcycle. You may owe more than the market value of your bike: the insurance company does not have to pay you what you owe on the bike, only its market value. The insurance company has a duty to put you back in the position you were in just before the collision. Therefore, if you owed more than your bike was worth before the collision, you will owe more than the amount of money received from the insurance company. If your bike is "totaled", meaning that it would cost more to repair than its fair market value, you generally have two choices: (1) you accept the amount offered and sign the title of your motorcycle over to the insurance company or; (2) you accept the amount offered less its salvage value and you keep your bike. You will have to obtain a "salvage" title: Your new title will have a notation designating your bike as a "salvage vehicle". If there is a genuine, well-founded dispute as to the value of your bike, and the amount in dispute is substantial, a separate arbitrator on property damage may be sought. IF YOU OWE MONEY ON YOUR MOTORCYCLE DO NOT EXPECT TO SEE THE CHECK FOR THE PROPERTY DAMAGE, THE CHECK FROM THE INSURANCE COMPANY WILL GO DIRECTLY TO THE FINANCE COMPANY.

If the damage is less than the fair market value of your bike the insurance company will fix it. Often when your bike is only minimally damaged and is rideable, the insurance company will give you a check that appears to be a full and fair settlement knowing that if you go to a body shop the body shop will have to call the insurance company to obtain a "supplemental estimate". This is done because if you cash the check and later go to a body shop and additional damage is found it will be difficult to prove that the damage came from this collision and the insurance company does not have to pay for the additional damage.

Personal Health Insurance/Medical Payments Coverage

If you have personal health insurance it may or may not be to your benefit to file a claim against your health insurance coverage. Most insurance company contracts contain a "subrogation" clause that allows them to recover (i.e., to be paid back) any amount that they pay for injuries you sustain as the result of a third-party's negligence (i.e., the person that injured you). Simply, you probably will have to pay back your health insurance company, from your settlement, for any money they have paid to physicians or hospitals.

"Medical payments coverage" is a no-fault health insurance policy attached to your motorcycle insurance, or to the insurance of the bike on which you were riding as a passenger. Medical payments coverage only has to be paid back for those bills exceeding $5,000.00. Therefore, every dollar of medical payments coverage puts another dollar in your pocket. You paid for it - use it! There is one exception, however, if we are using your uninsured medical coverage and you have medical payments coverage, the insurance company can take a "set-off"; the insurance company can reduce the total amount of the settlement by the amount paid under the medical payments coverage. The idea being that one insurance company should not be required to pay for medical costs twice.

Worker's Compensation Claims

If you were injured on-the-job you must pay back the Industrial Commission for all medical expenses and wage payments that they have made to you. However, it is very important that a claim be filed for you because the claim gives you great protection for your injuries in the future. The typical personal injury claim has a two-year statute of limitations. If you were injured on the job, the statue of limitations remains two years, but your ability to file a lawsuit ends after one year unless we have obtained a "reassignment" from the Industrial Commission. Therefore, you own your personal injury claim that stems from a work-related injury for only one year. A re-assignment is where the Industrial Commission allows you to pursue your personal injury claim during the second year by giving you back the ownership of your claim.

Rental Bike or Car Reimbursement

Rental bike or car reimbursement is not a simple process. If the other person is 100% at fault and your bike is not rideable, the other person is responsible for providing you with a replacement vehicle. However, the insurance company for the other party will not agree to pay rental vehicle charges until they are assured that their insured is 100% at fault and that process can take an extended period of time. We have resources to place you in a rental vehicle on a lien basis, pending resolution of the liability question. However, if you are found to be partially at fault for the collision the other party's insurance company is not required to provide you with a replacement vehicle and you will be asked to return the rental and would be responsible for those costs. Many insurance companies refuse to accept a direct bill from a rental bike or car company or seek to reimburse you after you have paid the rental company even though you are fault free, therefore, we would use our resources to provide you a rental vehicle on a lien.

Beginning a Lawsuit

If your claim is against an individual who had insurance and a settlement cannot be reached with the insurance company, Cantor Simon will consider the advisability of filing a lawsuit. We will discuss the additional costs and the likelihood of obtaining an acceptable result. In some cases, however, it is important to start a lawsuit immediately. By signing the contingency fee agreement you have given us permission to file a lawsuit if we determine it is necessary to protect your rights.

A lawsuit begins by delivering to the responsible party a document called a "Complaint", which explains the basis for the lawsuit and your injuries in a general way. You are called the "Plaintiff", the other party is called the "Defendant". The Defendant takes these papers to his insurance company, which delivers them to its lawyers. The lawyers hired by the insurance company to defend, deliver to us a document called an "Answer", and at that point, "the case is at issue".

We want you to know that although a lawsuit has begun, settlement is always possible and is very often made just before trial or even after the trial has started.

Disclosure

Once the lawsuit has begun, both sides have the right to obtain information from the other side. This process is called "Discovery", but the process is actually "Disclosure". We have a duty to provide to the other side all information we have that is relevant to your claim. Additionally, both sides obtain information through "Interrogatories" (written questions sworn to be true that must be returned within 30 days), "Depositions" (Sworn oral testimony before a court reporter – we are present to protect your rights), and medical examinations by a doctor of their choice at their expense. Under certain circumstances we can record the examination or we can be present. (We expect their doctor to prepare a poor report and are surprised with a report supporting your doctor and your claim).

Arizona law demands that there are no secrets in lawsuits. The theory is that if both parties know everything about the other case, there is an increased likelihood of settlement and a reduction of court time.

Mandatory Arbitration/Trial in SuperioR Court

Currently, all claims worth less than $50,000 must first go to mandatory arbitration. This mandatory arbitration differs from Uninsured/Underinsured Motorist Arbitration in that it is not final. The Court appoints a practicing attorney to act as arbitrator, to hear all motions and to hear the facts. A date is set and we appear before the Arbitrator, present our evidence, witnesses and records, and within ten days he/she makes a decision. There is no jury. The rules of evidence are relaxed. If we do not believe the decision to be fair and reasonable we have the right to appeal to Superior Court for a trial by jury. The vast majority of cases are not arbitrated or tried, even though lawsuits are filed. Many times they are settled within days before arbitration or trial. As a result, Cantor Simon will prepare all cases as if they are going to arbitration or trial even though over 95% do not. Before we go to arbitration or trial the procedures and what will be expected of you will be explained to you in minute detail so you will be as comfortable as possible during the arbitration/trial. It is absolutely essential that we have your cooperation in helping us gather facts about your case.

The insurance company maintains a computer database that shows all of the people who have made claims for other injuries in the past. If you have made a claim in another collision, workman's compensation injury, or have filed a lawsuit in the past, the facts of your previous injury and the amount of your settlement will be known to the insurance company. You are, therefore, urged to be absolutely honest with us in all of your answers throughout our handling of your case. One of the most difficult things for an attorney to deal with is when it can be shown that the client made inconsistent statements or failed to disclose what appears to be relevant information.

Costs

You are responsible for all of the out-of-pocket costs. These costs are separate and distinct from the attorney's fees for legal services. These file costs include, but are not limited to, copying costs, costs for investigating services, expert witness fees, transcript costs, postage, long distance telephone charges, facsimile charges, court filing fees, jury fees, process server's charges, travel costs and expenses, and such other costs as are necessarily incurred in the proper preparation of your case.

At Cantor Simon, we will advance costs for copying, investigation, postage, telephone, facsimile, court filing and process server's fees. Other costs will be incurred only after consultation with you. Although we will front your expenses for the case, we cannot ethically advance or loan money against an unrealized recovery.

Conclusion

The information contained in this website is general in nature. Each and every case we have handled is on an individual basis. While Cantor Simon is representing you, you can call in and speak with our legal assistants or paralegals at any time. Most questions can be answered immediately by them, and they will serve as the liaison between you and us. They will assist you with any minor problems and questions you may have during the ongoing stages of your case. At Cantor Simon we do not treat you as just a client but as a friend in need. If you, a loved one, or family friend have been involved in a motorcycle accident and you like what you have read in our website, please call us at our office, or click onto "CONTACT US" and we will E-mail you shortly. Remember, while other attorneys claim to be aggressive, Cantor Simon truly are "Beyond Aggressive!!!"