Mark P Breyer's Answers

Mark P Breyer
Phoenix Car / Auto Accident Lawyer.
Contributor Level 10

4

Attorney answers:

  1. Jeffrey Mark Adams
  2. Christian K. Lassen II
  3. Mark P Breyer
  4. Lars A. Lundeen

Should i get a lawyer?

Asked by a user in Las Vegas, NV - 4 months ago.

I am not certain from the description if the incident was your fault, her fault, or some combination. If there is any argument this is your fault, you probably (although you would have to review you policy) have an obligation to report it to your insurance company. Moreover, if you are at fault your insurance company can likely defend you for any claims made against you and they would have to pay for any lawyer that is needed. If you were injured and the fault lies in whole or in part...

3 lawyers agreed with this answer

3

Attorney answers:

  1. Mark P Breyer
  2. Thomas P. Mohen
  3. Lars A. Lundeen

Wrongful death suit for my brother

Asked by a user in Lake Havasu City, AZ - almost 3 years ago.

There are two different issues presented in your question. First, whether there is a valid wrongful death case. Second, whether you may bring it on behalf of your brother. In regards to the first question, there are far too many facts that are not spelled out in your question to give an honest answer. Claims against medical professionals in these settings are often difficult for a variety of reasons, but have been successful where the negligence can be well demonstrated. You would really...

1 lawyer agreed with this answer

3

Attorney answers:

  1. Mark P Breyer
  2. John Robert Mittelman
  3. James Otto Heiting

Can i do anything about my fathers wrongful death?

Asked by a user in Phoenix, AZ - over 2 years ago.

Under Arizona law, you have two years in most situations for you to bring a wrongful death action. As a child, you have a right under Arizona law to bring such a claim. Also, under Arizona law, your rights are not "lost" while you are a minor. The statute of limitations that runs against your claim of two years does not begin to run until you turn 18 years old. That means that you have until the day of your 20th birthday to file a lawsuit. However, there is a lot of items that would have...

1 lawyer agreed with this answer

3

Attorney answers:

  1. Mark P Breyer
  2. Eric Steven Shapiro
  3. Lars A. Lundeen

Do I pursue with a claim on the "at fault driver's" insurance? How far should I take the claim if any?

Asked by a user in Peoria, AZ - over 2 years ago.

Your question has many individual legal questions contained within it, so I will try to address each one: The suspended lciense, no insurance, no registration, and presenting a suspended license are separate issues that you will have to deal with. However, they do not directly affect your rights on teh rest of the issues. The truck was impounded due to the lack of a valid driver's license. The truck owner can apply to get the truck out in less than 30 days. Your son has a right to...

1 person marked this answer as helpful

3

Attorney answers:

  1. Mark P Breyer
  2. Eric Steven Shapiro
  3. Alan James Brinkmeier

Az accident injury to my son, other driver cited for accident, but my license was suspended, + no ins, no registration.

Asked by a user in Peoria, AZ - over 2 years ago.

The liability for the injuries to your son will not likely have anything to do with the other issues you have. That does not mean you will not have issues related to each of those items - suspended license, no insurance, lack of registration - as these are each things you will have to address. However, the liability for paying for the personal injuries suffered by your son under Arizona law will be based upon who was negligent in causing the accident. Of course, you may have some liability...

1 person marked this answer as helpful

3

Attorney answers:

  1. John P Ager
  2. Mark P Breyer
  3. Jason Eric Neufeld

Can i be a witness?

Asked by a user in Phoenix, AZ - 6 months ago.

The insurance company for the other driver has a vested interest in finding against you because it will save them money. To be fair, the insurance company has a right to beleive that you would be successful if you did bring an action against them, and your statement alone may not be enough in some cases. Sometimes your statement, alone, can win the day. Often, more is needed. That does not mean they will (necessarily) ignore your statement but it decreases the liklihood that they will...

3

Attorney answers:

  1. Mark P Breyer
  2. Raymond Scott Costantino
  3. Jason Eric Neufeld

What should we do? file a case?

Asked by a user in Phoenix, AZ - 6 months ago.

There are two separate issues you need to consider. In either case, there is no simple solution. There are three possible parties that could end up paying for this damage. The insurance company of the other driver, your insurance company (if you have collission coverage), or you could have to pay it yourself. The goal, obviously, is to avoid having to pay it yourself. As a result, you need to look at the other two possibilities. As for the other insurance company, there are two ways...

2

Attorney answers:

  1. Kyle A Israel
  2. Mark P Breyer

Can I colect medical costs ?

Asked by a user in Flagstaff, AZ - about 2 years ago.

The real question is not whether you can recover these medical costs under Arizona law. The answer is yes. The bigger question, I would suggest, is whether it is worthwhile to do so. How significant are the medical bills and how serious are the injuries? Also, considering the number of witnesses, how many agree that it was the fault of the other player and how many will blame your son. Injuries that occur during the normal course of a game are covered by homeowner's insurance. On the...

2

Attorney answers:

  1. Mark P Breyer
  2. Cynthia Russell Henley

I got pulled over for not making a complete stop at a red light before turning right...

Asked by a user in Tempe, AZ - about 2 years ago.

You had better be careful because the officer almost certainly had you sign the paperwork admitting to service at the time you were pulled over. As a result, service is going to be found to have been valid. With valid service, if you fail to appear in court your license can be suspended and a bench warrant may be issued. Thus, while you can argue a lack of notice later, be certain not to just assume you are safe and fail to show, because the consequences could be significant.

2

Attorney answers:

  1. Matthew M Ellingson
  2. Mark P Breyer

Can I sue my apartment complex for an infestation of bed bugs?

Asked by a user in Mesa, AZ - about 2 years ago.

Your question raises two different areas of law. Personal injury, as well as the Arizona Residential Landlord Tenant Act. There are very specific rights, remedies, and timelines laid out in the ARLTA. As a personal injury lawyer, I am not familiar with those deadlines but encourage you to look closely at them to see what rights you have. As far as a claim for any personal injury, you would only have a claim if the bed bugs were caused by a negligent act on the part of the landlord. It...