Frequently Asked Questions | Warnock MacKinlay Law

Q&A

A: If you are involved in an accident, it is important to follow these steps:
1. Stay at the scene and call emergency services.
2. Take photographs to document the scene and vehicles.
3. Obtain the other driver’s license plate number, driver’s license information, and insurance information without discussing fault or apologizing.
4. Only provide factual information to responding police and emergency personnel without speculating or admitting fault.
5. Seek medical attention immediately if you are injured.
6. Call Warnock MacKinlay Law at 602-600-6427 to consult with our experienced personal injury lawyers.

WHAT SHOULD I DO IMMEDIATELY AFTER AN ACCIDENT?

SHOULD I SEE A DOCTOR?

A: Yes. Always get medical treatment immediately following an accident. It can only help your case. Be sure to explain any pain or discomfort to your doctor. Some injury symptoms may not appear immediately following an accident. If you wait to get treatment, insurance companies will argue that your injuries were not caused by the accident, and they may refuse to pay. Report any headaches, fatigue, muscle soreness, nausea, pain, or discomfort that occur within days of the accident to your doctor.

SHOULD I SEE A DOCTOR?

WILL IT HURT MY CASE IF I STOP MEDICAL TREATMENT, MISS APPOINTMENTS, OR DO NOT FOLLOW MY DOCTOR’S RECOMMENDATIONS?

A: Yes, it can hurt your case if you stop treatment, miss appointments, or do not follow your doctor’s instructions. It is important to follow ALL of your doctors’ instructions, see them as often as directed, and not miss appointments so you can recover quickly. If you consider stopping treatment before you are released, for any reason, please let us know BEFORE you miss appointments. We do not direct medical care in any way, but we want to ensure that you receive the best care possible under your circumstances. Our goal is to help you get healthy, and we will do everything we can to support you.

WILL IT HURT MY CASE IF I STOP MEDICAL TREATMENT, MISS APPOINTMENTS, OR DO NOT FOLLOW MY DOCTOR’S RECOMMENDATIONS?

Therefore, it’s best to let your attorney handle all communication with the other party’s insurance company. If you do speak with them, it’s important to only discuss the value of your vehicle and avoid discussing the details of the accident or your injuries.

If you are considering hiring a personal injury attorney to represent you, we encourage you to contact our office to schedule a free consultation. We welcome all inquiries and consultations, even if you are not a current client. With over 25 years of experience specializing in personal injury cases, our knowledgeable lawyers have a combined 100 years of experience and are well-versed in the practice area.

SHOULD I TALK TO ANYONE ABOUT THE DETAILS OF MY ACCIDENT?

A: No, it is generally not recommended to speak to anyone about the details of your accident or injuries, especially representatives from the other party’s insurance company, unless you have legal representation. This is because insurance companies have skilled adjusters and negotiators who may try to trick you into giving recorded statements, medical authorizations, or other information that could harm your case. Therefore, it’s best to let your attorney handle all communication with the other party’s insurance company. If you do speak with them, it’s important to only discuss the value of your vehicle and avoid discussing the details of the accident or your injuries.

A: No, it’s never a good idea to post anything about your accident or injuries on social media. Insurance companies are known to investigate personal injury claims by searching through social media accounts like Facebook, Instagram, Twitter, and Yelp. Even if your posts are set to “private,” insurance companies can still find ways to access them. Posting about your accident or injuries can potentially harm your case and result in the insurance company denying you compensation. To protect your case, we recommend maintaining a private profile if possible, or deactivating your social media accounts altogether. If you must use social media, do not post anything about your accident or injuries, and be cautious about what you share. We provide our clients with a handout on social media, which includes tips on how to protect your case.

SHOULD I POST ANYTHING ABOUT MY ACCIDENT ON SOCIAL MEDIA?

A: In Arizona, there are various types of compensation that you may be eligible for, depending on the circumstances of your case. Some of the compensable damages may include past and future medical expenses, lost income both past and future, pain and suffering, loss of enjoyment of life, permanent disability, scarring, mental and emotional distress, as well as property damage. At our law firm, we understand the complexities of personal injury law and can help you navigate the legal process to receive the compensation you deserve.

WHAT DAMAGES AM I ENTITLED TO IN MY CASE?

A: It’s important to keep track of all damages you have suffered as a result of the accident. This includes medical bills, lost wages, property damage, and any other expenses related to the accident. Keep receipts, bills, and other documentation related to your expenses. This will help your attorney to accurately calculate your damages and negotiate a fair settlement for you.

HOW DO I KEEP TRACK OF MY DAMAGES FOR MY CASE?

A: Yes, it is important to keep track of your medical care and lost income following an accident. Keep a diary of your symptoms or anything that hurts, no matter how minor, and make sure your doctor records it in your chart. This can help prevent any issues with minor injuries getting worse and not being considered as part of your accident-caused injuries. Additionally, keep a record of your pain, any changes, and any activities you are unable to do as a result of your injuries. This information can help us present your claim.

It’s also important to keep track of any lost income. If you miss time from work, record it. If there are jobs you can’t do because of your injuries, record them. Any other direct income losses due to your injuries or necessary medical care should also be documented. When it’s time to file your claim, we will work with you to get wage or income loss documentation, such as a letter from your employer, pay stubs, etc. If you can maintain ongoing records to reflect the loss, such as your pay stubs, please do so. If you are self-employed, talk with your attorney or paralegal; they can advise you on which documents to keep that prove any loss. If you earned overtime before the accident, make sure you have pay stubs or earnings records to support the total earnings so we can include those figures in your losses.

SHOULD I KEEP TRACK OF MY MEDICAL CARE AND LOST INCOME?

practices, but we can write hardship letters to your medical providers. Additionally, we can connect you with medical providers who will wait for payment until after your case is settled. Our goal is to make sure you receive the medical care you need to recover, while also taking steps to protect your legal rights and financial well-being.

WHAT SHOULD I DO ABOUT PAYING MY MEDICAL BILLS WHILE MY PERSONAL INJURY CASE IS ONGOING?

A: We completely understand that paying medical bills can be stressful, especially when you’re already dealing with the aftermath of an accident. Unfortunately, until your case is resolved, it will be your responsibility to pay for any medical bills you may have. We recommend making minimum payments to avoid having your bills sent to collections. If you are facing financial difficulties, please let us know, and we will do our best to assist you. As your attorneys, we cannot advance any payments on your behalf to pay for medical expenses, as it goes against ethical practices, but we can write hardship letters to your medical providers. Additionally, we can connect you with medical providers who will wait for payment until after your case is settled. Our goal is to make sure you receive the medical care you need to recover, while also taking steps to protect your legal rights and financial well-being.

A: Generally, it is not recommended to settle your case before finishing your medical treatment or having a full understanding of your injuries. Insurance companies will often try to pressure you into settling quickly and for the least amount of money possible, which could result in you giving up thousands of dollars in compensation. In Arizona, you are entitled to many areas of compensation depending on your injuries, and it’s important to pursue all areas that apply to you. The only exception to this rule is if the responsible party does not have sufficient insurance coverage to compensate you for your injuries.

SHOULD I SETTLE MY CASE BEFORE I HAVE FINISHED MY MEDICAL TREATMENT?

A: If an insurance company contacts you directly after your injury, it is important to be cautious about what you say. Insurance adjusters are trained to try and get you to say things that could damage your case. It is best to speak with a personal injury lawyer before discussing the details of your case with the insurance company. At our law firm, our experienced personal injury lawyers can advise you on how to handle communications with insurance companies and work to protect your legal rights.

HOW DO I HANDLE INSURANCE COMPANIES IF THEY CONTACT ME DIRECTLY?

A: While it is possible to negotiate with the insurance company on your own, it’s not recommended. Insurance companies are skilled at minimizing payouts to claimants, and they may take advantage of your lack of experience in negotiating. By hiring one of our experienced personal injury attorneys, you have someone on your side who knows how to navigate negotiations and advocate for your best interests.

CAN I HANDLE NEGOTIATIONS WITH THE INSURANCE COMPANY MYSELF?

A: If the at-fault party does not have insurance, you may still be able to recover damages through other means. For example, you may be able to recover damages through your own insurance policy, if you have uninsured or underinsured motorist coverage. If the at-fault party has assets, such as a house or other property, you may be able to recover damages through a lawsuit. It’s important to discuss the specifics of your case with one of our experienced personal injury lawyers to explore all possible options for recovering damages.

WHAT HAPPENS IF THE AT-FAULT PARTY DOES NOT HAVE INSURANCE?

A: If the insurance company denies your claim, it’s important to not give up. You still have options, such as appealing the denial or filing a lawsuit. Our experienced personal injury attorneys can help you understand your options and guide you through the process. At our law firm, we offer a free consultation to evaluate your denied claim and provide guidance on next steps.

WHAT SHOULD I DO IF THE INSURANCE COMPANY DENIES MY CLAIM?

A: If the at-fault party was under the influence of drugs or alcohol at the time of the accident, it may be possible to recover punitive damages in addition to compensatory damages. Punitive damages are intended to punish the at-fault party for their reckless or malicious behavior. Our personal injury lawyers have the experience to investigate your case and fight for all forms of damages you may be entitled to.

WHAT IF THE AT-FAULT PARTY WAS UNDER THE INFLUENCE OF DRUGS OR ALCOHOL AT THE TIME OF THE ACCIDENT?

A: If you were injured in a hit-and-run accident, it’s important to take steps to protect your legal rights. This may include filing a police report, seeking medical attention, and contacting a personal injury lawyer as soon as possible. At our law firm, we can help you identify potential sources of compensation, such as uninsured motorist coverage, and guide you through the claims process to ensure that you receive the compensation you deserve.

WHAT SHOULD I DO IF I WAS INJURED IN A HIT-AND-RUN ACCIDENT?

A: If you were injured by a government entity or employee, you may have a claim against them. However, this process can be complex and requires following specific procedures and deadlines. To ensure that your claim is handled correctly, it’s important to consult with a personal injury lawyer who has experience in this area. Our law firm can provide the necessary guidance to help you through this process.

WHAT IF THE AT-FAULT PARTY IS A GOVERNMENT ENTITY OR EMPLOYEE?

A: If you have pre-existing injuries or conditions, you may still be able to recover compensation for any new injuries that were caused or aggravated by the accident. It is important to disclose all pre-existing injuries and conditions to your personal injury lawyer so that they can build a strong case on your behalf. Our law firm has experience handling cases involving pre-existing injuries and conditions and can help you understand your legal options.

WHAT IF I HAVE PRE-EXISTING INJURIES OR CONDITIONS?

A: Yes, if you are unable to work due to your injuries, you may be able to recover lost wages as part of your personal injury claim. Your personal injury lawyer can help you calculate the amount of lost wages you have incurred and work to recover this compensation on your behalf.

WHAT IF I'M UNABLE TO WORK DUE TO MY INJURIES? CAN I RECOVER LOST WAGES?

A: Yes, you may be able to recover damages for pain and suffering in a personal injury case. Pain and suffering refers to the physical and emotional distress caused by an injury, including chronic pain, anxiety, and depression. However, calculating damages for pain and suffering can be complex and requires the expertise of a personal injury lawyer.

CAN I RECOVER DAMAGES FOR PAIN AND SUFFERING IN A PERSONAL INJURY CASE?

A: Yes, it is possible to recover damages for emotional distress in a personal injury case. Emotional distress damages may include compensation for anxiety, depression, post-traumatic stress disorder, and other psychological injuries that result from the accident or injury. It’s important to discuss your specific case with one of our experienced personal injury lawyers to determine the potential damages that may be available to you.

CAN I RECOVER DAMAGES FOR EMOTIONAL DISTRESS IN A PERSONAL INJURY CASE?

A: Yes, you may be able to recover damages for scarring or disfigurement in a personal injury case. Our personal injury lawyers understand the impact these injuries can have on your life, both physically and emotionally. We will work tirelessly to help you receive fair compensation for your losses. Contact us today to discuss your case and learn more about your legal options.

CAN I RECOVER DAMAGES FOR SCARRING OR DISFIGUREMENT IN A PERSONAL INJURY CASE?

A: Yes, you may be able to recover damages for future medical expenses related to your injury. However, it can be challenging to accurately calculate the amount of future medical expenses you may incur, and it is important to work with a personal injury lawyer who has experience handling these types of cases. Our personal injury lawyers can work with medical experts and other professionals to determine the full extent of your future medical needs and fight for the compensation you deserve.

CAN I RECOVER DAMAGES FOR FUTURE MEDICAL EXPENSES IN A PERSONAL INJURY CASE?

A: Yes, you may be able to recover damages for lost earning capacity in a personal injury case. This includes lost wages and benefits, as well as any potential future earnings you may have lost as a result of your injury. Our personal injury lawyers have the expertise and experience to help you calculate the full extent of your losses and fight for fair compensation.

CAN I RECOVER DAMAGES FOR LOST EARNING CAPACITY IN A PERSONAL INJURY CASE?

A: Punitive damages are damages that are intended to punish the at-fault party for particularly egregious conduct. In Arizona, punitive damages are only awarded in certain circumstances and require a higher standard of proof than other damages. If you have been injured due to the intentional or particularly reckless conduct of another party, it is important to consult with a personal injury lawyer who can help you determine if you may be entitled to punitive damages. Our personal injury lawyers have experience handling cases involving punitive damages and can advise you on your legal options.

CAN I SUE FOR PUNITIVE DAMAGES IN A PERSONAL INJURY CASE?

A: We’ll provide assistance at no charge for routine communications with the insurance company, coordinating the repair of your vehicle, coordinating a rental car, and explaining your property damage rights. If you need help with your total loss, diminished value claim, or loss of use claims, we assist for a separate fee.

DO YOU HELP WITH PROPERTY DAMAGE CLAIMS?

A: Determining the amount of compensation you may be entitled to receive for a personal injury case can be challenging without evaluating the unique details of your situation. Several factors influence the value of a case, such as the severity of your injuries, medical expenses incurred, the length of your recovery, and other economic damages, including lost wages. Additionally, non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, are also significant considerations. Our team of skilled legal professionals can assess the specifics of your case and provide you with an estimate of the potential value of your claim. We understand the complexities of personal injury law and are here to help you receive the compensation you deserve.

HOW MUCH COMPENSATION CAN I EXPECT TO RECEIVE?

A: Yes, in Arizona, you can still be compensated for your injuries even if you are partially at fault for the accident. Arizona follows the law of pure comparative negligence, which means that you can recover damages from other parties who are also found to be at fault, even if you are partly responsible for the accident.

The amount of damages you can receive will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault and the other party is 80% at fault, you

would be entitled to recover 80% of the total damages awarded in the case. These damages can include medical expenses, lost wages, and pain and suffering. Our experienced personal injury lawyers can evaluate your case’s specifics and help you understand your legal options for recovering the compensation you deserve.

CAN I STILL RECEIVE COMPENSATION FOR MY INJURIES IF I’M PARTIALLY AT FAULT FOR THE ACCIDENT?

The amount of damages you can receive will be reduced by the percentage of fault assigned to you. For example, if you are found to be 20% at fault and the other party is 80% at fault, you would be entitled to recover 80% of the total damages awarded in the case. These damages can include medical expenses, lost wages, and pain and suffering. Our experienced personal injury lawyers can evaluate your case’s specifics and help you understand your legal options for recovering the compensation you deserve.

A: In the event that there isn’t enough insurance coverage to pay for your damages, our law firm will explore all options for coverage, including looking into any other family members of the at-fault driver who may have additional policies or checking for other applicable policies. If the at-fault driver was on a business trip, a policy may apply. We will also investigate if the at-fault driver has any assets to contribute to a settlement or pay a judgment. Once we have exhausted all options, we will work hard to negotiate and get the best possible financial return for our clients.

If multiple people are making a claim and there isn’t enough coverage to pay for damages, we encourage all parties involved to agree on the fairest division under the circumstances, particularly if they are all in the same family. In the case of conflicting claims, insurance companies typically prorate the total value of the claims for property damage and injuries when offering to settle. Our law firm ensures that your claim is fully evaluated to get the highest possible return. If the at-fault insurance is exhausted, we will also seek payment under your underinsured coverage, if available. This money does not have to be shared with people in other vehicles.

WHAT HAPPENS IF THERE ISN’T ENOUGH INSURANCE COVERAGE TO PAY ME FOR MY DAMAGES? WHAT ABOUT IF THERE ARE MANY PEOPLE MAKING A CLAIM AND THERE ISN’T ENOUGH COVERAGE TO PAY ME FOR MY DAMAGES?

HOW MUCH EXPERIENCE DOES YOUR LAW FIRM HAVE HANDLING CASES LIKE MINE?

A: At Warnock MacKinlay Law, we exclusively handle personal injury cases, and we have been doing so for over 25 years. Our experienced team of lawyers is well-versed in the practice area and has a combined 100 years of experience handling cases just like yours. We understand the complexities of personal injury law and have successfully represented clients in a wide range of cases, including car accidents, slip and falls, dog bite, and more. Our commitment to our clients and our dedication to providing the highest level of legal representation have earned us a reputation as one of the leading personal injury law firms in the region. If you have been injured in an accident, our team of skilled personal injury lawyers is here to help you receive the compensation you deserve.

HOW MUCH EXPERIENCE DOES YOUR LAW FIRM HAVE HANDLING CASES LIKE MINE?

WHAT TYPES OF PERSONAL INJURY CASES DOES YOUR LAW FIRM HANDLE?

A: Our law firm handles a wide range of personal injury cases, including but not limited to: car accidents, truck accidents, bus accidents, Uber/Lyft accidents, motorcycle accidents, bicycle accidents, pedestrian accidents, slip and fall accidents, dog bites, and wrongful death.

WHAT TYPES OF PERSONAL INJURY CASES DOES YOUR LAW FIRM HANDLE?

WHAT KIND OF FEES DO YOU CHARGE?

A: We handle most personal injury cases on a contingency basis, which means that our fee is a percentage of the total recovery we negotiate or obtain for you. If we don’t win, you don’t pay. We believe that everyone deserves the best representation, regardless of their financial situation.

WHAT KIND OF FEES DO YOU CHARGE?

HOW DOES THE CONTINGENCY FEE WORK?

A: Our fee is a percentage of the total recovery we negotiate or obtain for you, whether by settlement or trial. If we are unable to recover any compensation for you, you will not be responsible for paying any fees.

HOW DOES THE CONTINGENCY FEE WORK?

HOW ARE CASE EXPENSES HANDLED IN A PERSONAL INJURY CASE?

A: In personal injury cases, the law firm will usually front the costs of litigation, such as filing fees, expert witness fees, court reporter fees, and other expenses. We only recover these expenses if and when we obtain a settlement or judgment on your behalf. This means that we do not charge our clients any upfront fees or require any out-of-pocket expenses. Any costs advanced by the firm are reimbursed from the settlement or judgment amount, so you don’t have to worry about paying us back until your case is resolved.

HOW ARE CASE EXPENSES HANDLED IN A PERSONAL INJURY CASE?

WILL I HAVE TO PAY ANYTHING UPFRONT?

A: No, you will not have to pay anything upfront. We will only charge you a fee if we are able to recover compensation for you.

WILL I HAVE TO PAY ANYTHING UPFRONT?

case with your attorney, as the exact expenses that will be deducted can vary depending on the circumstances of your case. At Warnock MacKinlay Law, we are committed to being transparent with our clients about all costs associated with their case, and we work hard to ensure that our clients receive the maximum compensation possible.

WHAT EXPENSES ARE DEDUCTED FROM THE AMOUNT RECOVERED IN MY CASE?

A: There are several expenses that may be deducted from a personal injury settlement or award, including attorney’s fees, case costs, medical expenses, and health insurance liens. Your health insurance provider or Medicare may also have a subrogation right to be reimbursed for any medical expenses they paid on your behalf related to the accident. In addition, if you received any type of financial assistance or compensation for your injuries, such as disability benefits or workers’ compensation, those amounts may also be subject to reimbursement. It’s important to discuss the specifics of your case with your attorney, as the exact expenses that will be deducted can vary depending on the circumstances of your case. At Warnock MacKinlay Law, we are committed to being transparent with our clients about all costs associated with their case, and we work hard to ensure that our clients receive the maximum compensation possible.

DO YOU OFFER FREE CONSULTATIONS?

A: Yes, we understand that you may have a lot of questions about the legal process and how it works. That’s why we offer a free consultation to discuss your case and answer any questions you may have. Our attorneys have the experience and knowledge to guide you through the process and ensure that you get the best outcome possible.

DO YOU OFFER FREE CONSULTATIONS?

WHAT SHOULD I BRING TO MY INITIAL CONSULTATION?

A: It is important to bring any documentation related to your case, including police reports, medical records, and bills, insurance information, and any correspondence you have had with the insurance company or other parties involved in the accident. Any photos or videos related to the accident can also be helpful. If you do not have any of this information, do not worry – we can still help you and will gather the necessary information.