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We are often asked the following questions, and so here we have provided
some general answers that may be helpful to you. However, if you would
like additional information or if you have a question that we haven't answered,
please call us at 480-898-9700. We'll be happy to talk to you over the
phone or in person.
What
types of cases does TOBLER & ASSOCIATES handle?
Why should I hire an
accident and injury attorney?
Why should I hire TOBLER & ASSOCIATES?
What will hiring an accident
and injury attorney cost?
Can Tobler & Associates
refer me to a medical provider?
How long will my case take?
What
if the faulty driver in an automobile accident has no insurance?
What is a defective
product?
What is wrongful death?
What can I do to help my
case?
What types of cases does
TOBLER & ASSOCIATES handle?
- Automobile and Motorcycle Accidents
- Bicycle and Pedestrian Accidents
- Wrongful Death
- Medical Malpractice
- On the Job Injuries
- Defective Products
- Dog Bites
- Slip, Trip, and Falls
- All Other Serious Injury Claims
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Why should I hire an accident and injury
attorney?
When you are injured as a result of someone else's negligence, you have a right
to be compensated for medical expenses, lost wages, property damage, pain and
suffering, and other related expenses. An accident and injury attorney will
be able to help you receive maximum compensation for all of the above.
An attorney who specializes in accident and injury law will better be able to
determine the value of your claim. Further, he or she will have the resources
and experience to investigate the accident, gather the necessary records and
evidence, obtain essential expert witnesses, and negotiate with insurance companies
or opposing counsel. An attorney can also file a lawsuit and litigate on your
behalf if the opposing party is unreasonable and unwilling to settle.
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Why should I hire TOBLER & ASSOCIATES?
Tobler & Associates specializes in accident and injury law. Successfully
serving Arizona since 1972, our team of attorneys, paralegals, and assorted
staff is highly experienced and knowledgeable in representing clients who have
been harmed through the fault of others. We work together to get you the help
that you need and the compensation that you deserve.
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What will hiring an accident and injury attorney
cost?
Generally, accident and injury attorneys work on a contingency fee basis. This
means that you do not pay anything to us up front. Our fee is based on a percentage
of what we are able to recover for you. If we do not win your case, then we
receive no fee. Thus, it is in our best interest to recover as much as possible
for you.
The contingency fee percentage varies among lawyers, however, a one-third fee
for most accident and injury cases is common. This percentage is increased for
medical malpractice cases because the difficulty of proving the case and the
risk of going to trial is greater.
Clients, by Arizona law, are responsible for costs. These costs include, but
are not limited to, the fee for obtaining medical records, police reports, and
expert opinions.
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Can TOBLER & ASSOCIATES refer me to a
medical provider?
Tobler & Associates has a great working relationship with many doctors,
chiropractors, and other medical providers throughout the Phoenix area. We can
refer you to someone near you who will be willing to treat you on lien basis,
so that you do not have to pay for your medical care until you are compensated
for your injury. However, if you are already under the care of a medical provider,
we are happy to work with him or her too.
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How long will my case take?
The time it takes to settle or litigate an accident and injury case depends
upon the complexity of the case and the extent of the injuries. Generally, we
wait until a client is finished being treated before we submit a demand to the
opposing party, to ensure that all of the medical expenses, pain and suffering
are included in our claim. Once the demand is submitted, a case may settle very
quickly, i.e within two to three months. If the case is very complex or the
opposing side is unwilling to settle, then we may have to file suit, which extends
the time involved.
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What if the faulty driver in an automobile accident has no insurance?
Sometimes, when a faulty party has little or no insurance and no available
assets of his or her own, he or she may be covered under another's insurance
policy. Or, if the accident occurred during the scope of the faulty party's
employment, than the employer may be liable. Your attorney will be able to help
you determine if either of the above is the case.
Your own insurance policy may also contain underinsured or uninsured coverage.
In which case, your own insurance will compensate you for the damages caused
by others. Again, your attorney will be able to help you with these issues.
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What is a defective product?
A product is defective if it is designed or manufactured in such a way that
makes it unreasonably dangerous for its intended or anticipated use. Even the
failure to provide adequate warnings or instructions with a product may be considered
a defect. When a product is defective and that defect causes an injury to someone,
anyone in the chain of commerce from the time of the existence of the defect,
from the manufacturer to the retail store may be liable for the injury.
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What is wrongful death?
"Wrongful death" describes the type of claim brought by the surviving
relatives of a deceased person against the person who caused the death. In the
case of wrongful death, the surviving relatives may be compensated for medical
expenses, burial expenses, expected earnings of the deceased person, and the
pain and suffering of the survivors.
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What can I do to help my case?
Get the names of any witnesses. If there are any witnesses to your accident
or injury, get their names, addresses, and phone numbers, so that you will be
able to contact them later and use them for witness statements to help prove
your case.
Seek treatment immediately. Many insurance companies will use the fact
that a person waited to get treatment as an indication that he or she was not
really hurt. In reality, many injuries do not manifest themselves until sometime
after an accident actually occurs. Further, even minor soreness can be an indication
of a more serious injury. It is to your benefit to seek medical attention as
soon as possible.
Continue treatment until you are fully recovered. It is best to wait
until you are fully recovered and released by your doctor before making a demand
to an opposing party. Otherwise, you may not realize the full extent of your
injuries, and you may limit the amount that you can recover. Further if you
stop treatment for a time and then go back, the opposing side will see this
as an indication that the later treatment is for an unrelated injury.
Consult an attorney before giving any statements. Statements taken on
behalf of the party at fault are taken to protect the rights of that person.
These statements may me misconstrued and used against you later. Thus, be cautious
when providing statements to anyone and even better, consult an attorney.
Do not accept a check from the opposing party. The acceptance of a check
from the faulty party or insurance company may be construed as a settlement
and may prevent you from recovering anything else from the faulty party or his
insurance company.
Take photographs. Photograph your injury, any damaged property, the
location of the accident, and anything else that might be useful in proving
your claim. Such photographs can be extremely beneficial in conveying the extent
of your injuries or revealing the cause of the accident or injury.
Document what occurred. Write down how the accident or injury occurred
while your memory is still fresh. Additionally, make detailed timelines of the
events occurring before and afterwards and document your pain and suffering.
However, be sure to address such writings to your attorney so that it will remain
privileged and confidential
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* Car-accidents.com
** Methodist Health Care System
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