Podcast:
Top 3 Injury Case Factors 🔥 | Gerber Injury Law | Arizona Accident Attorney

00:00:00.080 ken gerber here and you’re watching law
00:00:01.760 and gerber
00:00:03.350 [Music]
00:00:15.680 [Applause]
00:00:16.600 [Music]
00:00:22.400 ah
00:00:32.719 so i’ve been thinking to myself because
00:00:34.160 i don’t really know what it’s like to be
00:00:35.840 anyone but myself and to think like an
00:00:38.160 injury attorney what do you think we’re
00:00:40.239 looking for when you call us
00:00:42.320 i’d imagine for some of you it’s not a
00:00:44.000 very pleasant phone call to make or
00:00:46.239 perhaps at the very least it’s just out
00:00:48.320 of your comfort zone and you’re not
00:00:50.079 quite sure what to expect i can’t speak
00:00:52.719 for any other injury attorneys but i
00:00:55.120 know when you call gerber injury law and
00:00:56.719 you get me on the phone i’m thinking the
00:00:58.960 easiest way that i can break it down for
00:01:00.879 you so that you understand the most
00:01:02.800 important categories that go into
00:01:04.640 determining if we have a case
00:01:07.040 there are so many factors but i’ve
00:01:09.119 broken it down into three main
00:01:10.720 categories number one negligence number
00:01:14.000 two injury and number three insurance
00:01:17.040 now as i’ve discussed on a handful of
00:01:19.119 prior videos without negligence even
00:01:22.400 though there’s an injury there’s no
00:01:24.479 basis to hold someone else responsible
00:01:26.880 and collect against their insurance
00:01:29.040 more specifically in episode 6 we talked
00:01:31.600 about this in detail so please go back
00:01:34.000 and check out that video when you have
00:01:35.600 unmomento por favor for a more detailed
00:01:38.320 discussion but to break it down simply
00:01:40.640 did someone act unreasonably or did they
00:01:43.360 fail to act reasonably for car accidents
00:01:46.799 were they driving too fast for
00:01:48.560 conditions which would be considered
00:01:50.479 unreasonable or did they fail to stop at
00:01:52.960 a stop sign which means they failed to
00:01:54.880 act reasonably
00:01:56.399 in the setting of a store or business
00:01:58.159 was there an unreasonably dangerous
00:02:00.000 condition like debris on the floor that
00:02:02.240 they failed to clean up without an
00:02:04.079 injury
00:02:05.200 even if there is negligence there’s
00:02:07.439 nothing to force the insurance company
00:02:09.038 to pay for this is the i could have been
00:02:11.920 hurt or i could have been killed
00:02:13.760 category although those statements may
00:02:16.000 be true legally speaking we have to have
00:02:18.879 actual injury to be able to get an award
00:02:21.200 which is why sometimes you’ll even see
00:02:23.280 people straight up faking injuries which
00:02:25.920 is something we will discuss the
00:02:27.520 repercussions of in another video in the
00:02:29.920 future the insurance companies like to
00:02:31.920 say it like this
00:02:33.280 we don’t pay speculative damages which
00:02:36.239 just means if there’s no real injury
00:02:38.560 there’s no real value or case the final
00:02:41.360 category is insurance and it’s a big one
00:02:44.080 tell you what i’m going to let megan
00:02:45.519 explain this one to you i just love the
00:02:47.840 way she explains things hey everyone
00:02:50.080 long time no see
00:02:52.000 well we often talk about how much
00:02:53.840 insurance is available such as insurance
00:02:56.480 limits but why the focus on insurance
00:02:59.599 and can you forego the insurance and sue
00:03:02.879 civilly or sue personally
00:03:05.280 can you settle for the insurance and
00:03:07.440 still sue personally these are great
00:03:10.319 questions and once you hear the
00:03:11.840 explanation they are much easier to
00:03:14.560 understand when someone causes injury
00:03:16.959 because of their negligence they are
00:03:19.920 personally responsible for the full
00:03:22.000 value of whatever injury or damages they
00:03:25.120 cause
00:03:26.080 period whether it’s a hundred thousand
00:03:28.640 dollars or a million dollar injury they
00:03:31.280 are responsible for that value the real
00:03:34.560 questions
00:03:35.599 how do you get it most people don’t have
00:03:38.400 the kind of money laying around to be
00:03:40.080 able to just pay another for those
00:03:41.760 significant injuries so what they’ve
00:03:43.519 done is bought an insurance policy car
00:03:45.920 insurance or homeowners insurance that
00:03:48.080 says if they negligently hurt someone
00:03:51.120 their insurance company will pay up to
00:03:54.319 the amount of their policy limit to get
00:03:56.159 the case settled for them in return for
00:03:59.040 paying for the insurance the individual
00:04:00.640 gives the insurance company the right to
00:04:02.319 evaluate negotiate and defend the case
00:04:04.959 and the insurance company has the
00:04:06.480 obligation to make sure they protect
00:04:08.640 their person called uninsured so
00:04:12.159 here is how that plays out
00:04:14.879 let’s just say that you’re in a car
00:04:16.560 accident and get hurt you get treated by
00:04:18.798 your doctors to get better and they
00:04:20.560 document what your injuries are and your
00:04:22.639 attorney prepares your case to prove
00:04:24.960 what the value of your injuries are if
00:04:27.120 the other driver has more insurance
00:04:29.840 available than the value of your injury
00:04:33.280 you try to reach a negotiated settlement
00:04:36.320 with the insurance company if you do
00:04:39.280 you sign a release saying that they will
00:04:41.360 pay x dollars and in return
00:04:44.479 you agree to never sue their driver
00:04:47.360 that sounds simple right
00:04:49.759 well
00:04:51.120 it’s not
00:04:52.960 but it is a straightforward concept okay
00:04:57.040 so let’s change it up without getting
00:04:59.280 into the specifics in this video
00:05:01.840 let’s just skip ahead and say that the
00:05:04.639 value of your injury is worth a hundred
00:05:06.639 thousand dollars but the person who
00:05:08.960 caused the accident only has fifty
00:05:11.039 thousand dollars in insurance available
00:05:13.280 once your attorney proves to the
00:05:15.120 insurance company that the value of your
00:05:17.280 case exceeds their insurance policy
00:05:20.240 limits they still have to try and get
00:05:23.600 you to sign a release saying
00:05:25.840 not to sue their driver but why would
00:05:29.520 you do that you don’t have to settle for
00:05:31.600 their policy limits you can reject them
00:05:34.320 file a lawsuit against the other driver
00:05:36.720 go to trial and prove the value of your
00:05:39.120 case is a hundred thousand dollars
00:05:41.880 congratulations
00:05:43.600 that driver owes you a hundred grand at
00:05:45.840 the end of all those years in the court
00:05:48.560 system and going through a trial the
00:05:50.800 same insurance company that offered you
00:05:52.960 their 50 000 policy limits before
00:05:56.319 will come again and say here’s our check
00:05:59.680 for 50 000 our driver owes you the rest
00:06:02.400 now
00:06:03.840 the question is whether you can even
00:06:06.800 collect going back to what was said at
00:06:09.520 the beginning
00:06:11.280 most people
00:06:13.120 don’t have the money to pay for the
00:06:14.720 injuries that they cause
00:06:16.560 so you’re left with a judgment against
00:06:18.319 the other driver that you may never
00:06:20.240 collect oh and that 50 grand that the
00:06:23.120 insurance company paid
00:06:24.960 that you could have gotten anyway
00:06:26.720 without a trial the cost of the trial
00:06:30.080 have come out of that so it actually
00:06:32.080 cost you money to go to trial i know
00:06:34.080 that is a lot of information but the
00:06:36.400 premise is pretty straightforward and
00:06:38.720 all of this is a reminder as to why you
00:06:41.360 really should call us
00:06:43.199 if you’re ever in any of these positions
00:06:45.520 because it’s not always simple or easy
00:06:47.840 to sort out what to do i’m going to send
00:06:50.080 this back to ken and let him
00:06:52.400 wrap this up for you all thank you for
00:06:55.120 listening and i hope this has helped wow
00:06:57.840 i’m lucky i mean i feel like i need to
00:06:59.759 do an entire video dedicated to how
00:07:01.840 lucky i am to have her as a partner in
00:07:03.599 crime
00:07:04.479 well i guess not an actual crime i gotta
00:07:06.880 be careful about how i say that one
00:07:09.199 look
00:07:10.080 we are all about getting our clients the
00:07:12.400 value that they deserve for their
00:07:13.840 injuries at the same time we’re here to
00:07:16.240 educate them to understand that if all
00:07:18.720 they’re going to get is a moral victory
00:07:21.039 it may not be worth it to them can you
00:07:23.440 collect the insurance then sue
00:07:26.000 no the insurance company will not pay
00:07:28.560 unless you agree to sign a release for
00:07:30.880 their driver which you give up that
00:07:33.199 right
00:07:34.080 can you personally sue or civilly sue
00:07:37.280 without going through insurance
00:07:39.199 understand this that’s all we do is sue
00:07:42.720 personally and civilly when we sue the
00:07:45.199 other driver we sue them personally we
00:07:47.840 cannot sue the insurance company we
00:07:49.680 can’t even talk about insurance in court
00:07:52.000 in the meantime the insurance company
00:07:54.240 hires the lawyers to defend the other
00:07:55.919 driver it pays for all of the cost of
00:07:58.160 the defense and if you win it pays for
00:07:59.919 what you’ve won the whole time without
00:08:02.400 the jury even knowing that it’s an
00:08:04.240 insurance company that’s involved let me
00:08:06.319 tell you a quick story i once knew a guy
00:08:08.240 who served on a jury for a car accident
00:08:10.400 case he was a very smart guy and been
00:08:12.560 around the block a time or 10 he was
00:08:15.360 very proud to tell me that he was the
00:08:17.199 foreman of the jury he went on to tell
00:08:19.199 me all about the case and how there was
00:08:20.960 definitely negligence and there was a
00:08:22.720 real injury but they did not award any
00:08:25.520 money and i asked him why and he told me
00:08:28.160 that it was because the jury figured
00:08:30.400 that the injured person had already
00:08:32.399 gotten the insurance money and now he
00:08:34.159 was just trying to get more money by
00:08:35.919 suing personally the driver
00:08:38.479 he felt so badly when i explained to him
00:08:41.279 that the insurance company was hiding
00:08:43.039 behind the rules in court and that the
00:08:44.800 poor injured driver was now not getting
00:08:47.200 any money for his injuries how sad is
00:08:49.519 that the bottom line is this without
00:08:51.920 insurance even if there is a provable
00:08:54.720 injury and provable negligence there’s
00:08:57.519 likely no money available to recover in
00:08:59.839 conclusion it’s a safe rule just always
00:09:02.240 call us if you’re ever in any of these
00:09:04.000 situations let us figure it out so you
00:09:06.480 can focus on recovering and healing you
00:09:08.640 have enough to deal with
00:09:10.240 hey babe guess what
00:09:12.560 guy is he’s in a pickle of a situation
00:09:15.680 stuck his hand in a jar of pickles razor
00:09:18.399 blade was in there sliced his finger
00:09:21.600 very pickly vinegary it hurts
00:09:25.519 sounds pretty bad it is
00:09:28.399 until next time
00:09:33.390 [Music]
00:09:41.060 [Music]
00:09:46.959 i haven’t have i had that done
00:09:52.000 is it going it’s good
00:09:54.320 now all those th
00:09:57.600 in return for peng
00:10:00.240 and i’m going to have megan explain this
00:10:02.000 one to you because i just love the way
00:10:03.600 she explains things
00:10:07.120 once your attorney proves to the
00:10:08.959 insurance company that the value of your
00:10:11.279 case exceeds
00:10:13.600 their insurance policy
00:10:16.399 but to break it down simply did someone
00:10:19.839 but you don’t have to why would you wait
00:10:22.079 hold on
00:10:23.760 and i’m going to have megan explain this
00:10:25.600 one to you because i just
00:10:27.519 love the way she explains things
00:10:34.320 you