FREQUENTLY ASKED QUESTIONS

How do I know if I need an attorney? 

One of the most common questions that people have is whether or not they should hire an attorney to assist them. The answer to this question depends on your answer to a second. How important is the fair and proper settlement of your claim to you and your family? If a fair and proper settlement is important to you, then you should hire me to represent you.

In spite of the "good neighbor" jingle that you hear on television, your interests and those of the insurance company are in opposition to each other. It is vital to remember that an insurance company's business is to settle claims for the lowest amount possible. Experienced claims adjustors do this by engaging you in conversation that is designed to obtain information that will work to your disadvantage at the time of settlement. An experienced claims adjustor will give you the impression that they are going to be cooperative and fair with you while the wheels of the insurance company machine are turning in the background to minimize the value of your claim.  Don’t jeopardize your legal rights by giving a statement (recorded or otherwise) or by signing any release of medical or work information.

Also, the actual negotiation process between an unrepresented person and a claims adjustor is a mismatch because the claims adjustor is trained in the art of negotiation and has negotiated thousands of claims. The unrepresented person has neither the training nor the experience. Unfortunately, if you are unrepresented, by the time your claim reaches this stage, much of what I could have done for you will no longer be possible because of everything that has happened before you retained me.

Our firm works with your doctors and is knowledgeable in the medical aspects of your claim. We are able to monitor your care and provide insight to you as you receive medical care. As a result, your claim will be more clearly documented and more accurately presented to the insurance company in the settlement process.

There is no obligation just to talk to us to see if I can help you.

Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal Injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Arizona. The following are some of the most common situations resulting in personal injury:

• Auto accidents and other vehicle accidents (bicycle, motorcycle, truck, etc.);
• Dog/Animal Bites;
• Accidents involving drunk drivers;
• Accidents involving pedestrians or bicyclists;
• Spinal cord, neck, brain and birth injuries due to negligence or malpractice.

If you are involved in an automobile accident, we suggest the following:

1. If you are injured or think you may be injured, seek medical attention immediately. If you are worried about payment for those services, many doctors are willing to wait to receive reimbursement from the insurance company. Those doctors will see you without any initial out-of-pocket expense. If you cannot locate a doctor to help you, please contact Phoenix Personal Injury Attorney William Graves for assistance.
2. Obtain the name of the insurance company and the policy number for the person who is responsible for causing the accident.
3. If anyone witnessed the accident, obtain his or her name and telephone number, if possible.
4. Do not give a statement, recorded or otherwise, to any insurance company about any facet of how the accident occurred or injuries you sustained prior to or from the accident. You may hurt your case by doing so.
5. Do not sign anything for an insurance company, including releases to obtain your medical or employment information. You may hurt your case by doing so.

Try to identify the dog that bit you and get the address to the house at which the dog bite occurred. Get medical attention as soon as possible after being bitten and follow all physician instructions relating to your care. Get medical attention quickly because any delay in getting medical attention could affect your eligibility for a claim.

As soon as possible after you've received medical attention, focus on finding out as much as you can about the dog and the owner, including whether or not the owner has insurance. Types of insurance policies that typically cover dog bites include:

• Homeowner's insurance;
• Renter's insurance;
• Landlord's insurance (covering the owner, occupier and/or manager of property);
• Commercial general liability insurance (covering stores and other businesses);
• Insurance covering employers (protecting employees only).

If the owner does have insurance, be sure to find out:

• The name of the insurance company;
• The address of the office;
• Telephone number; and
• The policy owner's name and policy number.

Interview witnesses (if there were any) at the location of the attack or as soon as possible after the attack. The sooner you interview witnesses the better because memories fade in time and you need the facts as fresh as possible. Be sure to take down names, addresses and phone numbers of any witnesses to the attack.

Trusts are legal entities that can replace or supplement wills, as well as help manage property during your life. Most people set up trusts in order to try to avoid probate. Unfortunately, most trusts fail to do this because they are not properly funded. However, it is also possible to accomplish many things with a trust that you cannot with a simple will. A trust can contain instructions regarding your wishes in the event of your disability and manage that privately rather than through court. A trust can manage the distribution of property for your beneficiaries and can minimize taxes and therefore, leave a larger inheritance to your family and loved ones. A trust can also be used to protect assets that you want your beneficiary to enjoy rather than those who may have claims against your beneficiaries. A trust also can reduce the beneficiary's tax and allow the assets to grow over time. They can also be established for the benefit of charitable organizations.

Wrongful death occurs when a person's death was caused by the negligent, willful or wrongful act of another.  In addition to injuring the person who died, people who depended upon the deceased for financial or emotional support may be entitled to compensation for the wrongful death. The State of Arizona has enacted a statute permitting a lawsuit to be brought by the relatives, (children, spouse, or parents) of a person who died as a result of a wrongful act.

Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, including:

• Automobile, bus, train, airplane or other common carrier fatality accident;
• Medical malpractice resulting in a patient's death;
• Neglect or abuse on the part of a nursing home that results in a patient's death;
• Occupational exposure to hazardous conditions or substances (exposure to asbestos, etc.) resulting in death ;
• Death during a supervised activity (sports tournament, field trip, etc.).

very state has certain time limits, called "statutes of limitations," that govern the period during which you must file a personal injury, catastrophic, wrongful death lawsuit or other civil lawsuit. In some states, for example, you may have as little as one year to file a lawsuit from an automobile accident. When the statute of limitations expires on your case, you simply don't have a case anymore.

Statutes of limitations differ not only from state to state, but also in regard to the kinds of lawsuits involved. In some states the statute of limitations for medical malpractice, suits against governmental agencies and wrongful death actions is shorter than that for other types of personal injury cases. In general, however, the statute of limitations for personal injury cases is from one to three years, and the time begins from the time of the accident.

Initial consultations are free, and attorney fees are only charged if we are successful in recovering an award for you. Attorney fees are based on a percentage of any recovery we make for you. All expenses that are necessary to present your claim are advanced by the firm and deducted from any recovery at the conclusion of the case and paid for out of the settlement. This takes the financial burden off of our clients and enables us to effectively represent them.

William S. Graves and his knowledgeable staff work for you.  Many firms regularly shuffle staff and attorneys and your claim is just another file number.  We often hear that many clients do not even get to talk to, let alone meet, the attorney that is working on their claim. I am directly involved in each of my client’s cases. I and my staff are available when you need us and when you call my office, you will talk with a person, not a voice mailbox.

We provide many additional services at no additional cost.  This is a list of some (but by no means all) of the services that we provide to our clients: 

• Helping you with the repair of your car;
• Coordinating a rental vehicle;
• Helping you find a doctor to treat your injuries;
• Coordinating insurance benefits, including workman’s compensation, health insurance and medical payments coverage;
• Discussing your automobile insurance coverage.