2009 March Archive

Our one year old, Karina, is growing up very fast. Too fast. Since she sees all the other kidsin the house, she thinks she’s a lot older than she is. Currently, her new thing is she has to drink with a regular cup instead of a sippy cup. If she could pull it off, honestly, that would be fine with me since for some reason the part that goes into the sippy cup to stop it from leaking always seems to disappear. I just don’t get it. How can that little party disappear but the cup and top stay around and where do all the socks disappear too.

I have a friend who actually goes to Target each week and buys a new packet of socks for each kid every week. At first, I thought that was a ridiculous thing to do, but now I am reconsidering. Do you know how much time I would save if I didn’t have to look for matching socks?

Anyways, I gave Karina a cup of water. I didn’t fill it up too much though. Somehow, she found another cup of water and decided she would try taking the water from one cup to another. That is a game Pierce likes too and that is a game that always winds up with water all over the place. Today that water was all over my lap! OK, guess serves me right for giving her the water and being on facebook when I should have been getting dressed.

Posted by Phoenix accident injury attorney Alexis and Mark Breyer

This blog is a little about the law so here’s another pointer. I have been getting a lot of calls lately and people are surprised to know that they do not have a personal injury claim. In order to have a valid personal injury claim in Phoenix you have to prove that someone is negligent. The law regarding personal injury law in Arizona is actually quite complex so this blog will just touch on the outer surfaces of accident injury and wrongful death law in Phoenix Arizona.

The following are two real calls I got this week. The first call was from a man who was helping his friend repair his motorcycle. The caller said he broke his ankle when he went to kick on the starter. He wanted to know if he could sue his friend because it was his motorcycle. In order be successful in an injury lawsuit, you have to show that the person you are suing is at fault – that they are “negligent.” I asked the caller if the friend did anything wrong at all and he said no. Therefore, I explained to the caller if the friend was not negligent, the lawsuit would not be successful. Also, remember even if the friend was at fault, in reality, although the friend’s name appears on the claim paperwork or lawsuit paperwork, it is the insurance company that generally pays.

The second call I got was a woman who fell at her friend’s house. She wanted to know if she had a claim. She said she basically fell over her own feet. In this instance, again, the friend was not negligent. Just because you are at someone else’s house and get hurt does not mean you have an accident injury claim. If the friend did not do anything wrong then there would be no negligence wich would mean you would not have a valid personal injury claim in Phoenix Arizona. As a side note the friend may have on her homeowner’s policy something called “medical payment coverage.” Medical payment coverage commonly called “med pay” can be used for medical bills and can be collected by the person who fell regardless of fault.

As we say at the end of all out “little about the law blogs” this is not to be considered legal advice. Every circumstance is different.

Posted by The Husband and Wife Law Team Phoenix Arizona accident injury attorneys

Well looks like all Mark’s studying of the MSU films paid off today. He didn’t tell me this but I know Izzo must have consulted Mark for all his plays and moves. Why else would Mark have been so anxious this morning?

Unfortunately, I had a birthday party that I had to take Pierce to which was exactly at the start of the game. It was actually a nice birthday party at Monte Vista Park if any of you are looking to have a birthday party. Personally, for me it’s easier to just pay and have it at a place, which is what we did today. We had a combined birthday party for Ariella and Talia at Pump It Up. Unfortunately, Zev hurt himself before he was even at the place for one minute. For those of you who have never been to Pump It Up it is basically a place of inflatables where the kids can jump and play around…. and I guess, get easily hurt.

Zev’s friend, Zack’s dad is a doctor though and examined it real quick and said it should be OK but to watch Zev’s pain level during the next 48 hours. Zev is supposed to keep ice on his hand, but seeing he can’t hardly keep his head attached to his body, I don’t think the ice will remain on his hand for very long. He seems like he’s doing OK though.

We are home now and Mark and all the kids are watching the Oklahoma vs. Connecticut game. Zev’s friend is cheering Oklahoma and Zev is cheering Connecticut. Seems like Connecticut is going to win.

In the meantime, Mark already has his airplane ticket to go back to Detroit and has spoken to 10 different people analyzing the game. I guess it never gets boring. I’m happy to report that my brack is now #3. If MSU wins, I’ll win our law office tournament bracket, which is kind of funny!

I’m looking around at the kitchen and my tiredness is getting more tired. I wish there were three days to every weekend. After all Spain has siestas, why can’t we have three day weekends?

Posted by the Wife of the Husband and Wife Law Team Phoenix Personal Injury Attorney

This will be a very brief blog since it is 12:30 at night. I probably should already be sleeping but I was trying to work on a client’s case, but what I was looking for was like trying to find a needle in a haystack so I’m taking a break! Plus, my lovely computer is having a dislike to internet explorer but for some reason it would let me get into our blog.

I should have gone to sleep a long time ago, but as you all know, peace and quiet in a house of 7 kids, a barking dog, and a husband who likes to argue a lot is not something that comes around often! Right now everyone is asleep so it is very quiet. Ahhhhh.

In any case, we are all hoping MSU can upset Louisville tomorrow for two reasons. 1) my bracket will still be alive and 2) nothing will get broken in my house from Mark getting mad. Just kidding! Mark is very mature when MSU loses!

Right now he is sleeping. He had to go to bed early to be prepared for tomorrow. I mean something could happen to Coach Izzo and MSU could be calling on Mark to make all the plays. Mark actually fell asleep with Zev watching the MSU game against Kansas. They watched the entire game again from start to finish and both fell asleep.

Zev is now sleeping on our floor, but that is a good thing compared to the 5 kids that were on my floor last night. I’m not sure what happened tlast night, they just kept coming in like bees trying to find their honey. At least they slept on the floor though instead of trying to squeeze in our bed. Mark is spread out across the middle of the bed sideways as that was how he fell asleep when he was watching the MSU game. I guess the closer he got to the TV, the more he could analyze the game.

Well all you MSU fans, keep your fingers crossed and hopefully MSU will be going to the Final Four. Yes, Mark already has his airplane ticket to Detroit so he is all set to go. He has complete faith in MSU and Izzo although Mark has told me many times that he could coach the team even better. Hopefully, Mark has no plans to quit his occupation as a personal injury lawyer because I’m not sure how successful he’d be as a coach. Although he did coach Zev’s basketball team and Tate’s football team today to victory. It was Tate’s first win, I think ever, and Zev scored 15 of the 40 points his team scored. When Zev’s friend, who was not at Zev’s basketball game, picked Zev up to go iceskating tonight, Zev let his friend know how many points he scored before they even got out the door. Hmmmm, wonder where Zev’s ego comes from?

Night! Night!

Posted by the Wife of the Husband and Wife Law Team

Ok, it’s a little about the law time. So it doesn’t get too boring, because we know sometimes personal injury law and wrongful death law can be boring, we won’t go into all of the statute of limitations. We are just going to discuss the statute of limitations against government entities and individuals, who cause harm to another, when they are working for a government entity.

What is the statute of limitations for example if a Phoenix police officer rear ends your vehicle and injures you? (Assume the officer is working at the time of the accident) Answer: 180 days! You must file a notice of claim with the city the police officer worked for within 180 days. The notice of claim has specific requirements and must be served upon the correct person. Also, following serving the notice of claim, you must either settle your case or file a lawsuit before the one year mark.

This is very important as many peple call us who have been seriously injured or have had a family member killed after the 180 days. Remember, the 180 days applies to any defendant who is a government entity. It could be a public utility company, a city bus driver, a police officer etc. If you know someone who is injured by someone who is working for a government entity at the time of the accident or if the city entity is at fault for the accident, let them know they have 180 days to file the notice of claim. Also, 180 days is not 6 months. We have had people call at the 181 day month stating that they thought they had 6 months. The more knowledge you have, the better. Hope this helps you save someone from missing their statute of limitations.

(Sorry but we have to tell you this since we are lawyers, that the above is not legal advice and should not be relied on. If you need legal advice you should speak to a lawyer.)

Well Zev’s play is history. He had a somewhat main chaacter. He did a great job. The play was at the middle school and it was Monday, Tuesday, Wednesday and Thursday. On Tuesday and Thursday he had more of a main role and on the other days he had a minor role – a villager you would call it.

On Monday when we went, he was hiding behind the curtain, it seemed, and almost looked like he was going to throw up. if he wasn’t going to throw up from what seemed like him being nervous,I thought he must definetely be thinking about something else. After the play was done, everyone took a bow, except Zev. He just disappeared. Then about 10 minutes later he came out with his stage make up on and his sneakers in hand. I asked him if he was nervous. I was really nervous thinking about him having a lead part the next day. I thought what if my kid just freezes or something and forgets all his lines. I guess his dad would save him somehow:)

Talia calls Mark her superhero. Talia tells Mark he can fix anything, which is interesting since I have lightbulbs that have been out for a month or maybe a year that are still not fixed… or have tried to be fixed. Mark always tell me though, and I guess he’s right, he may not be a good handyman, but he’s an awesome personal injury lawyer, and handyman can’t practice law and argue in front of a judge and jury. OK, well sometimes it’s good having light in your house.

Now that I have completely gone off on a tangent… in any case, Zev said he wasn’t nervous at all, he just didn’t see the point of acting well when he didn’t have a good part. The next night, in his main character, we were so impresed we started to make our plans to go to Hollywood, but of course we couldn’t just leave Breyer Law Offices and the kids. Well maybe the kids!

It turned out, Zev was awesome in his play and we were so proud of him. All the kids went on Thursday night and the only one who couldn’t sit through the play was Kailey! Well, Karina had a little trouble too, but they all were great. I was a little scared that my kids would be screaming throughout the play, but instead, it was someone else’s child. We celebrated with Zev by getting pizza and having family over; however, he let us know know that he’s never going to be in a play again so our hopes of Hollywood for him are over. Tuesday and Thursday though he was definetely a star!

Today was a very busy day at Breyer Law Offices. Mark left the house at about 7:00a.m. to go to a doctor’s office for videotaping his trial testimony. I got all the kids ready but I forgot to make lunches so Tate put together the lunches for me. That caused a little commotion though because Talia only wanted snacks in her lunch box and nothing healthy. Tate wanted to give her a sandwich. Tate came to me telling me Talia was not allowed just snacks in her lunch box because if she didn’t eat a sandwich, she wouldn’t grow. Funny thing is that Tate’s lunch, I’m sure, had all snacks!

In any case, I got to the office and had a long list of things to accomplish. One of my favorite clients came in to give us a video taped testimonial, which I was happy about because he said we were the best phoenix car accident attorneys! For all of you clients who are reading this blog, if you would like to give us a videotaped testimonial, please let us know.

I got a long awaited report from an orthopedic doctor on one of my client’s cases. I spoke to a physical therapist. I talked to a few different adjusters. I was so busy I only had time to eat my fat free pudding for lunch! Don’t worry, I’ll make up for it at dinner.

I’m waiting to go to the second night of Zev’s play performance and for Mark to get back from trial. Most of the trials, I second chair with Mark, but this particular one I am not going to; however, I discussed the case with Mark and I am sure all of his legal arguments will be brilliant because they will be mine. I am sure Mark has a comment to that but since he is at trial and not able to read this blog entry, he won’t be able to comment. He’ll have to use the comment button on the blog.

We recently had our book, “The 13 Biggest Mistakes That Can Destroy Your Arizona Injury Case: The Master Guide to Arizona Injury Claims” published. The book reviews all types of negligence claims in Arizona, including car accidents, motorcycle accidents, slip and falls, and trucking accidents. As Phoenix personal injury and wrongful death attorneys, we wanted to let people know the pitfalls of handling a negligence claim. Many claims people can actually handle on their own and this book gives them the necessary guidance. If you have friends or family members who could benefit from this book, we are offering it free to Arizona injury victims. You can order a copy at ArizonaInjuryBook.com. We recently were interviewed by a reporter and are excited to see the story that comes out. We will let you all know when we know!

OK, this is the short version of the day in the life – kids and work! Today Mark left the house at about 7:30a.m. to attend a mediation, which lasted all day. Meanwhile, I was at home getting all the kids bathed, dressed and fed so we could head out to school at 8:00a.m. I actually skipped the bathing part this morning! I sneaked a workout in after I dropped the kids off at school, which is always a difficult decision for me since I have so much work to do.

I got to the office about 9:30a.m. and had Karina with me. Obviously, it was a short work out. Karina fell asleep almost immediately. The sitter came to get her but she was still sleeping so I sent her on a couple of errands. I usually don’t have anyone to run errands so I figured I’d take advantage of her help. Karina woke up and the sitter came to get her.

Zev was in his first play this evening so Mark and I went to the play after we enjoyed a gourmet dinner at the Arby’s drive-thru. Although I have never been an Arby’s fan the last couple of weeks I have been addicted to their roast beef sandwiches – so much for my work out. I did get a Diet Dr. Pepper to drink and no fries though!

Mark and I are going all 4 nights to Zev’s performance so I had to get extra babysitters this week. We are taking all the kids to the play on the last night.. That should be an “interesting experience.” I am still debating whether Karina, our 1 year old, should go, but it seems like the whole family should be there to watch Zev. Plus, thinking about the look in Karina’s eyes when she realizes everyone else is leaving the house and she has to stay with the babysitter is sad. My plan is to bribe her with a lollipop and stand near the back of the auditorium in case I have to make a run for the hallway if she starts to get loud!

In finishing up my day, I came home and spent some time with Zev and Kailey, cleaned, prepared and organized the kid’s clothes and lunches for tomorrow morning and did a little work. I admit, I also went on Facebook!

Mark is at the office now while I am at home writing this blog. It’s nearing midnight. As you know, Mark likes to argue and tomorrow he gets to argue his case in front of a jury. That is, we have a trial starting tomorrow. It involves our client who was in a car accident and got hurt. More details later. In short, we are fighting for justice for our client while the insurance company is denying and avoiding responsibility… like almost always! We hope the jury will see the truth. I have to admit my favorite part of trial is when Mark introduces himself as a Phoenix personal injury attorney and boasts about our 7 kids. Lawyers are allowed to tell a little bit about themselves during the jury selection process. Well, every trial is different but many times during the jury selection process, the jury tells about themselves and then the lawyers talk about themselves. Good luck, Mark! I’ll let you all know my worse part of trial later.

So you all know, this blog is a little about the law, alot about everything else. We have been receiving a lot of calls lately from people who have been involved in auto accidents in Arizona and there is no insurance. Most people who call us tell us that they have “full coverage.” In fact, they don’t. In Arizona, all insurance coverages are what I like to call “a la carte.” What that means is you have to ask your agent for each individual coverage.

The minimum required limits of liability for the State of Arizona is $15,000 of insurance. Most people don’t even have insurance that is why you should have underinsured or uninsured motorist coverage. If you are hit by a driver who has no insurance you need “uninsured coverage” to protect yourself. If you are hit by a driver who only has $15,000 in coverage, you need “underinsured coverage” to cover the excess. Of course, you can pursue the adverse driver which we do a lot; however, if someone has no money it’s virtually impossible to get money from them. That being said we have got judgments against adverse drivers who had minimal limits or found other sources of insurance. Still, you should all go and look at your coverages and see if you have uninsured, underinsured, and medical payment coverage.

We are happy to review your declaration page of your insurance coverage as well. If you want us to review your coverage just let us know. You can call us or fax it. If you fax it please put attention Alexis Breyer or Mark Breyer. As Phoenix personal injury attorneys, we cannot tell you how many clients have been seriously injured in a car accident and thought they had underinsured and/or uninsured coverage and were wrong! Again, feel free to call us if you have any questions.