Q. WHAT SHOULD I DO IF I'M IN AN AUTO ACCIDENT?

A. Obtain the names and telephone numbers of all witnesses. It is usually wise not to move the vehicles until after the police arrive. The police will handle the exchange of driver information.

A. BE CAREFUL! Insurance adjusters are trained to gather all information which helps their insured's case. You may give a statement which could later hurt you in court.

Q. SHOULD I CALL AN ATTORNEY?

A. An attorney can advise you of your rights and responsibilities and help you take necessary steps at the earliest possible time, so that you do not jeopardize your rights.

Q. DO ATTORNEYS REQUIRE PAYMENT WHEN FIRST SEEN REGARDING AN ACCIDENT CASE?

A. Most personal injury attorneys representing injured people do not require advance payment. Harold Hyams & Associates, P.C. provides a free telephone or office evaluation for accident victims.

Q. WHAT FEE WILL A LAWYER CHARGE ME?

A. Some lawyers work on an hourly rate; others, including Harold Hyams & Associates, P.C., charge a contingent fee, which is usually one-third of your gross financial recovery except in litigated and medical malpractice cases. However, the client will always be responsible for legal costs.

A. In Arizona, each driver is responsible for his own fault. Therefore, if each of you is 50% at fault, you can recover 50% of your total damages.

Q. HOW LONG DO I HAVE TO TAKE LEGAL ACTION IN AN AUTOMOBILE ACCIDENT?

A. Most personal injury cases in Arizona must be filed within two years. But, this period varies with different kinds of cases especially any claims against governmental institutions and in different states. For this reason, it is wise to immediately contact a lawyer in order to determine the particular statute of limitation for your case.

A. You cannot recover damages from the other party if he is not at fault. However, even if you are totally at fault, you can still recover damage to you vehicle and medical payments if you have such coverage.

A. If you or a relative with whom you live has liability insurance for your vehicle, you may have uninsured motorist coverage. It's wise to ask your insurance agent for such coverage since it costs pennies compared to "liability" coverage. Uninsured motorist coverage provides that if a motorist who causes a collision with you is uninsured, your company will provide bodily inury coverage. You should consult a lawyer even though you are dealing with you own company because their interests are different than yours.

A. Most uninsured motorist policies provide for such coverage.

Although the person at fault may have liability insurance to cover you, the amount of insurance may be insufficient for your injuries. Underinsurance solves this problem by requiring your insurance company to make up the difference. This insurance costs very little and it is advisable for everyone to carry it, especially motorcyclists who are more likely to suffer severe injuries.

A. You can argue punitive damages against a drunk driver. Such damages serve to punish a person whose conduct is outrageous and can be very substantial.

Q. DO I HAVE A MEDICAL MALPRACTICE CLAIM BECAUSE I HAD A BAD SURGICAL RESULT?

A. Not necessarily. Many people have poor medical results when the doctor is not at fault. However, a doctor must have failed to do something that a reasonably qualified doctor would have done, or done something wrong which also caused injury before you can recover. Most cases involve failure to diagnose the condition in a timely manner.

Q. WHAT TYPE OF PROOF IS USUALLY NEEDED IN A MEDICAL MALPRACTICE CASE?

A. It is usually necessary to find another doctor who will testify that the offending doctor whom you are suing was negligent and that the negligence caused damage to the patient.

A. If the death of a family member is caused by the negligence of someone else, the personal representative of the estate may be able to recover damages for wrongful death. These damages include funeral expenses, medical bills and the value of the deceased's life and loss of services, including the money likely to be earned during his lifetime.

A. The store is only responsible if it is at fault. If the store's staff created the dangerous condition or knew or should have known of the dangerous condition before the fall, and did not take proper steps to correct the condition, the store is responsible.

Q. IF I SLIP AND HURT MYSELF AT A STORE & THEY ARE AT FAULT, WHAT SHOULD I DO?

A. Get the names, addresses and telephone numbers of any witnesses, including store employees; ask the manager of the store if you can submit a report and ask for a copy of the report. Take photographs of a condition that may change in a short period of time. Make sure you learn exactly what caused your fall before you leave the store.