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Our attorneys understand this is a common fear and have structured our business to alleviate this problem. Negretti & Associates offers a no-fee assurance to our clients, operating on a contingency fee basis. This means that we are not paid unless and until we obtain a favorable settlement or verdict on your behalf.

The events following an accident may often feel like a painful blur, as doctors, police officers and insurance agents are all jostling for your time and attention. Many people feel overwhelmed and unsure of how to navigate the murky waters toward recovery. The last thing a person wants to worry about is if they can afford the assistance of an attorney.

A contingency fee agreement is a written agreement between the client and the attorney in which the client may hire the attorney without putting down an initial payment. Furthermore, if the case is ongoing, the client will not have to pay monthly payments and the attorney collects their payment from a percentage of the judgment or settlement once the lawsuit is complete. Contingency fee agreements are valid only in civil cases and are only valid if they are reasonable and equitable to the client.

A contingency fee agreement must state how the fee will be determined, including the percentage in which the attorney will be paid whether the case goes to litigation or is settled. Additionally, it is important that the fee agreement be in writing prior to the client hiring the attorney in order for the client to review the fee agreement breakdown.

A contingency fee arrangement has many benefits. The most common benefit is that a contingency fee agreement allows clients that do not have the money at the outset to pay an attorney’s hourly rate to obtain representation. Additionally, the same clients that do not have the financial ability to pay an attorney on the front end will not owe the attorney any fees on the back end, unless the fee agreement specifically states the client must pay named expenses. A contingency fee agreement also benefits clients indirectly, as their attorney will be more likely to keep on top of their case and work diligently to obtain a favorable outcome so the attorney will get paid.

Ultimately, if you have been injured, it is imperative to understand that you have options; a contingency fee agreement may provide an important vehicle for you to pursue the financial justice that you deserve.

Our relationship with technological innovation is complicated and cuts both ways. Technology gives us the ability to stay connected through phone calls, text messages, emails and social media. Yet, it’s one of the leading causes of distracted driving, causing vehicle accidents, injuries, and fatalities. In turn, we are finding news ways to use technology to curb distracted driving, through smartphone apps.

According to the National Highway Traffic Safety Administration, in 2014 there were 3,179 people killed and 431,000 injured in motor vehicle accidents involving distracted drivers. Distracted driving is any activity that could divert a person’s attention from the primary task of driving. Some examples of distracted driving include eating, drinking, reading, talking with passengers, and using a cell phone.

With the advent of the smartphone, drivers essentially have a computer at their fingertips, causing accidents from cell phone usage to skyrocket. According to the National Safety Council, smartphone-related accidents have increased for the third consecutive year in a row, with texting while driving making a vehicle accident 8-23 times more likely.

State Laws that Aim To Prevent Distracted Driving

In 46 states and the District of Columbia, it is illegal to text while driving. The table below shows the penalties that each state imposes for texting while driving.

preventing distracted driving

As of 2017, Arizona does not have a statewide ban on the use of cell phones while driving. Multiple localities have ratified their own bans on text messaging. In Arizona, the cities of Phoenix, Flagstaff, Tucson, and Tempe have banned the use of texting while driving. Additionally, Coconino and Pima Counties have banned the use of texting while driving.

Phoenix Municipal Code § 36-76.01 bans texting while driving. The law states, in part:

A. A person shall not operate a motor vehicle on a street while using a personal digital assistant to send or receive a written message while the motor vehicle is in motion.

B. This section does not apply to any of the following:

1. Law enforcement and safety personnel.

2. Drivers of authorized emergency vehicles.

3. Holders of commercial driver licenses while driving within the scope of their employment.

4. Public transit personnel.

5. A person who is reporting reckless or negligent behavior.

6. The use of a personal digital assistant for the sole purpose of communicating with any of the following regarding an emergency situation:

(a) An emergency response operator.

(b) A hospital, physician’s office or health clinic.

(c) A provider of ambulance services.

(d) A provider of fire fighting services.

(e) A law enforcement agency.

7. A person who believes the person is in physical danger if the person is the only adult in the motor vehicle.

C. For purposes of this section, “personal digital assistant” means a wireless electronic communication device that provides for data communication other than by voice.

D. A violation of this section is a nonmoving civil traffic violation.
(Ord. No. G-4985, § 1, adopted 9-19-2007, eff. 9-19-2007; Ord. No. G-5034, § 1, adopted 12-5-2007, eff. 1-4-2008)

Distracted Driving Accident Liability

In order to prove liability in an accident involving cell phone use, it is very likely that evidence will be needed to prove that the driver was not paying attention. Three potential ways to prove the accident was caused by cell phone usage include:

  • Cellphone records proving the driver was on a call or texting during the accident;
  • Photos or video from a passenger cell phone, surveillance cameras or police dash cams; and
  • Police reports.

Distracted Driving Prevention Apps

As distracted driving injuries and fatalities continue to rise, companies have started to create a variety of apps to encourage safe driving and block cell phone usage while driving.

Apps that encourage safe driving include:

1. Drivesafe.ly: A free mobile app that reads text messages and emails aloud in real time and automatically responds without the driver touching the mobile phone.

2. SafeDrive: An app that starts awarding points once the driver exceeds 6mph and does not touch their screen. The driver may compete against other drivers or use their accumulated points on discounted products offered by responsible companies.

3. Drivemode: An app that turns your text messages into audio that your phone will read aloud with the touch of a button. There are prerecorded responses to send as responses back to the texts that the driver receives.

Apps that block cell phone use while driving include:

1. Live2Txt: An app that will block incoming calls and texts while driving. The app will silence incoming notifications and send a customized message alerting the person that you are unable to respond.

2. Cellcontrol: An app and device that is designed for parents and is subscription based. The device is placed under the vehicle’s dashboard and will block the driver from sending texts or phone calls while the car is moving. If the device is removed or deactivated the parent would receive an email or text alert.

3. TextArrest: An app that prevents emailing and texting while the car is in motion.

One of the most common needs for a personal injury attorney is to recover damages from a car accident. However, personal injury attorneys handle much more than motor vehicle accidents.

Jonathan Negretti, a personal injury attorney and founder of Negretti & Associates, explains other situations in which one may need a personal injury attorney.

When You May Need a Personal Injury Attorney

  • Motorcycle accidents
  • Semi-truck accidents
  • Traumatic brain injuries
  • Wrongful death lawsuits
  • Nursing home abuse and neglect
  • Medical malpractice cases, including birth injuries and injuries from dangerous drugs
  • Accidents on private property due to negligence
  • Animal attacks
  • Accidents on tribal land
  • Workplace accidents
  • Catastrophic injuries
  • Aviation injuries
  • Injuries caused by a defective product
  • Injuries or illness caused by food poisoning
  • Injuries on state land
  • Boating accidents
  • All-terrain vehicle (ATV) accidents, including quads and motorbikes

The experienced attorneys at Negretti & Associates provide free case evaluations. If you have a valid case involving any of the scenarios listed above, contact us today. You won’t pay a penny unless the attorneys at Negretti & Associates win or settle you case.

phoenix personal injury attorney

Unfortunately, people are likely to experience some type of car accident in their lives. Whether it’s a small fender-bender or a multiple car pile-up on the freeway, the Phoenix personal injury attorneys at Negretti & Associates have seen it all.

When you have been involved in a vehicle accident, hiring a personal injury attorney is not always the first thing that comes to mind. Many people are in a state of shock, overwhelmed by injury or the damage done to their car.

Plaintiffs without representation are often bullied by the insurance company’s legal team and will often settle for pennies on the dollar. It is common for accident victims to reach out to a personal injury attorney once they realize they’ve gotten in over their heads.

It is never too late to contact a personal injury attorney. However, if you contact an attorney immediately after the accident, your attorney will be able to better protect you.

It is also important to remember that there are statues of limitations in each state. A suit must be filed before the limitation has expired. In Arizona, victims typically have two years to file a personal injury case.

Bottom line, hiring a personal injury attorney levels the playing field with the legal team that an insurance company with throw against you.

For a free consultation with a Phoenix personal injury attorney at Negretti & Associates, call us at 602-531-3911 or click here to write to us.

manage insurance companies after an accident

Immediately after you’ve been the victim of a car accident, insurance representatives will contact you. It’s important to not say a word to them until you’ve consulted legal advice.

So says Jonathan Negretti, a personal injury attorney and founder of Negretti & Associates Law Firm.

“Legal representation is critical to protect your rights and secure compensation for any damages that resulted from the accident,” he says. “That’s true whether you hire the experienced personal injury attorneys at Negretti & Associates, or hire another law firm.

“When you have been in a car accident, and the driver at fault has insurance, that person’s insurance representative will try to contact you immediately to secure a quick settlement. This could end up costing you!”

How to Deal with Insurance Companies After an Accident

Negretti advises the following tactics for dealing with insurance representatives following an accident:

1. Remain quiet. Let your attorney do all of the communicating with the insurance company. This protects your best interests. Often times adjusters will attempt to record the conversations in hopes that you will say a damaging comment that the insurance company can use against you in your case to pay you less money.

2. Have an attorney with you. When it’s time to make a statement, make sure to have your attorney with you. Again, this is to protect you and your case.

3. Do not grant medical authorization. Until your attorney tells you to do so, never give medical authorization to the defendant’s insurance company.

4. Do not accept checks. Inform your attorney of all attempts the defendant’s insurance company makes at issuing you a payment. Never accept a check that says “final payment” or “a release of all claims” until you are ready to settle your case.

Be careful not to fall into insurance companies’ traps. They often like to offer financial settlements quickly in hopes that you’ll settle right away. This does not allow you to get an adequate evaluation of the full extent of your injuries. Also, be wary of taking legal advice from friends and family members, always consult an experienced personal injury attorney.

If you have had the misfortune of being the victim of an automobile accident in Arizona or California, hopefully you were able to walk away from the accident without any bodily injury. However, if you have sustained an injury as a result of the accident, it is imperative that you follow the doctor’s orders.

Jonathan Negretti, a personal injury attorney and founder of Negretti & Associates, explains why it is important to seek professional medical care following a car accident.

Reasons why to see a doctor following an accident and comply with their recommendations:

  • Immediate evaluation: Even if you don’t see or experience pain right after the accident, your physician should still give you an exam. Often, car accident victims feel worse the day after the accident. If you don’t seek immediate medical care following the accident, insurance adjusters may argue that the pain you feel as a result of the accident may have resulted from an unrelated event.
  • Go by ambulance: At the scene of the accident, if first responders recommend that you seek medical assistance at a hospital and suggest an ambulance, it is best to go by ambulance. Insurance companies will try to use the fact that you didn’t go by ambulance against you.
  • Timing matters: The longer you wait for medical care, the more difficult it may be to connect your injuries to the accident.
  • Keep your appointments: Do your best to attend every medical appointment you make. This especially includes physical therapy.
  • Articulate the pain: Each time you visit with your doctor or physical therapist, be very clear about the pain you are experiencing. He or she will document your symptoms in medical records. If you do not tell your doctor about your pain, it will not be documented.
  • Explain how it happened: When meeting with a doctor or medical professional, be sure to explain how the accident happened. Be sure to be truthful with your doctor about any previous injury you had to the same body part.
  • Follow the doctor’s orders: Fill and take all medications as prescribed, participate in suggested physical therapy, and follow your trusted doctor’s recommendations.

For more information about the personal injury attorneys at Negretti & Associates, please call us for a free consultation.

If you find yourself involved in a car accident, there are several steps you should follow while you are still at the scene of the accident. Following these critical steps will help protect your personal injury case.

Jonathan Negretti, personal injury attorney and founder of Negretti & Associates, shares these “must-do” steps to follow at the scene of a motor vehicle accident.

  • Call the police.
  • Wait for the police to arrive before you move your vehicle.
  • If you feel any symptoms from the collision, request an ambulance. If the paramedics recommend going to the hospital for addition assessment, go.
  • Stay neutral. Do not accuse anyone, do not accept responsibility, and do not dismiss the other party’s responsibility.
  • Cooperate with the police.
  • If you are physically able, take notes of people’s names, phone numbers, addresses, license plate numbers and insurance information. This also includes attaining the contact information for any witnesses.
  • Take photos – lots of photos. Take photos from multiple angles. Include images of all the vehicles, the entire scene, tire tread marks, etc.

If you’ve been involved in a car accident, contact the personal injury attorneys at Negretti & Associates for a free, immediate evaluation of your case. Even if you haven’t followed all of the steps listed above, Negretti & Associates will still fight to protect your rights.

Following a car accident, there will be many conversations, meetings and notes that need to be documented. If your personal injury case goes to trial, you may be asked to recall how you felt, or what someone said to you during a specific conversation. It may be helpful to keep an accident journal to document important notes following your Arizona vehicle accident.

Jonathan Negretti, a personal injury attorney and founder of Negretti & Associates, shares the top items that may be helpful to document in your car accident journal.

  • Your version of how the accident happened.
  • The pain you felt at the scene of the car accident.
  • The names and contact information of all parties involved.
  • The names and badge number of the responding officers.
  • Following the accident, write down when you experience pain, make sure to include the date and specific details about what hurts.
  • Keep detailed notes when having conversations with insurance company representatives — include dates and names.
  • Document doctor and physical therapy visits — where you went, how many miles you drove, how long your appointment lasted, what the doctor said, how much work you missed for this appointment, etc. Keep a copy of each doctor’s business card in your accident journal.
  • Document time away from work and lost wages as a result of the accident.
  • If there are any bruising or broken bones, take pictures throughout the healing process.

If you hire the attorneys at Negretti & Associates for your personal injury case, we document all the necessary items to protect your case. However, we find it is helpful for our clients to also keep an accident journal to remind them to share information with the attorneys during their meetings. This helps the attorneys recoup every dollar you’ve lost due to the negligence of another party.

The attorneys at Negretti & Associates, a personal injury law firm, are committed to fighting for the rights of their clients. Whether it’s a car accident or a wrongful death case, the personal injury attorneys at Negretti & Associates work to ensure they have the knowledge and resources to defend their clients against some of the most powerful defendants.

Jonathan Negretti, founder of Negretti & Associates, shares the top five mistakes to avoid when filing a personal injury case.

Top 5 Arizona Personal Injury Mistakes to Avoid

  1. While at the scene of your accident there are very specific and immediate steps that must be taken. Not taking immediate action at the accident scene can significantly damage your personal injury case. Read more here.
  2. After leaving the scene, NOT documenting everything that happened. Read more here.
  3. Not seeing your doctor or following the doctor’s recommendations. Read more here.
  4. Providing the insurance company a statement, signing any insurance documents or accepting insurance settlement money without first getting legal advice. Read more here.
  5. Not hiring a lawyer or hiring the wrong lawyer. Read more here. 

To read more about each of the top five personal injury mistakes to avoid, click on the link next to each mistake.

The personal injury attorneys at Negretti & Associates provide free consultations and evaluations of your personal injury case. They will sit down with you and listen to your specific situation then provide an evaluation of your case.