Posted On: February 28, 2009

The Difference Between Arizona Compensatory Damages And Punitive Damages

The right of some hurt in a car accident or other personal injury to receive punitive damages in Arizona injury claims might be among the most misunderstood concepts to the average person. As Arizona personal injury lawyers who help people after accidents receive full compensation for their injuries whenever possible, we know the difference between compensatory damages and punitive damages can be confusing.

Speaking in general terms, compensatory damages allow somebody to be reimbursed or compensated for a loss that they have suffered. The purpose of general damages, also called compensatory damages, is simply to "make the injury victim whole."

For instance, when we represent people who are injured in car accidents in Arizona, as injury lawyers we help them receive full repayment of all the medical bills they incurred. People who have lost time from work because they were injured in an auto accident in Phoenix want to make sure that they get the money back that they lost from work. This includes overtime pay and reimbursement for all lost wages, in addition to anything that may have been partially reimbursed by Phoenix workers' compensation claims.

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Posted On: February 27, 2009

Arizona Rules of Civil Procedure for "Independent" Medical Examinations

The Arizona Rules of Civil Procedure allow for what the Rules call an “Independent Medical Examination” which usually goes by the letters “IME.” In spite of what the Rules may say to the contrary, there is no such thing as an “Independent” Medical Examination. The reality is that experienced Arizona personal injury lawyers and insurance defense lawyers know better. Unfortunately, it is the victims of serious personal injury in Arizona that are forced to go through these defense funded medical examinations through the insurance companies that are far too often deceived by the word “independent”.

The reality is that the insurance companies that defend personal injury cases probably do deserve the right to get an opinion other than that of plaintiff’s treating doctor or doctors. In other words, after a serious personal injury auto accident or any other serious injury caused by negligence, the person who is hurt is obviously going to have to seek the care of medical professionals. When the insurance company refuses to pay the claim to an Arizona resident – even if they are wrongfully denying payment to the injury victim in Arizona – they will have a right in any personal injury case to get an Independent Medical Examination.

Now, the examination is in fact “independent” of the treating doctors. However, the doctors who perform these exams for Arizona auto accident victims have a vested interest in the outcome. The insurance company pays the doctor who does the examination in the personal injury case. Some of these doctors make more than $500,000.00 every single year from doing these examinations. If these doctors do not find that there is no injury as the insurance company is hoping these doctors will state, will these doctors continue to get paid as much money every year?

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Posted On: February 26, 2009

Phoenix Man Driving A Dune Buggy Killed In Truck Accident

Car accident lawyers in Arizona are used to helping the injured. Very often, our clients are attacked unfairly for asking for a reckless person and their insurance company to simply compensate for medical bills and wages lost from an accident that the insurance is supposed to cover. Arizona serious injury lawyers are used to a public perception that does not match the reality of a sometimes abusive insurance company refusing to pay a real and honest injury claim.

However, sometimes members of the public simply go too far in attacking the innocent victims of a car crash. So it is with the report of a tragic car accident that took the life of a man driving a dune buggy who was hit and killed by a truck. Our hearts go out to the dune buggy rider and his family. At the same time, something must be done to educate people about Arizona injury cases.

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Posted On: February 25, 2009

Arizona Car Accident Claims That Are The Best For Your Family

After a car accident, many people in Arizona will look for a lawyer that can help them with an injury case. Unfortunately, after a serious personal injury for wrongful death it can be very difficult to decide whether to hire an Arizona personal injury lawyer. The reality is that not every serious injury after an Arizona automobile accident requires a lawyer.

Why is that? The reality is that the law allows many claims to be brought that may not be in the best interests of the grieving family. Money is certainly not the answer to all problems. While we strongly disagree with those that suggest that those who have suffered tragedy should not have the right to seek the compensation that they are lawfully entitled to, we also understand that it is about making the best decision for a family that is so important.

As Arizona wrongful death attorneys, we are proud of the fact that we have helped many people successfully navigate personal injury claims in Arizona. Having said that, we are also proud that we have helped families who were pressured by friends and family to call a personal injury lawyer to avoid bringing unnecessary claims or in many cases avoid bringing a claim at all.

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Posted On: February 24, 2009

Arizona Construction Accidents Should Be Photographed To Build Case

A picture is worth a thousand words. In the case of a construction accident in Arizona where a construction worker suffered serious injury on a job site, a picture may be the difference between being able to financially overcome a devastating injury and being left with absolutely nothing.

Construction accident claims in Arizona can be tricky. The reality is, we have seen many cases where people who have been hurt in construction accidents seek only reimbursement from workers’ compensation as a result of being hurt on the job. Now, in many cases workers’ compensation in Arizona is the only possible recovery. However, for many people hurt in the construction trades, there is ability and a right to bring a claim against a third party who negligently caused the construction site injury. However, there is simply not enough information out there for most construction workers in Arizona to realize that they may have the right to bring this claim under the right circumstances.

To make matters worse, because so many injured Arizona workers think that they have no such right, they do not try to make sure that somebody takes pictures of the place where they were injured. Construction sites change quickly and evidence can be destroyed or tampered with immediately after an injury in Arizona. As a result, it is vital to get the word out to anybody who works in any of the construction trades or any construction site that if they ever see anybody injured or they themselves ever suffer an injury that as many photographs as possible of the site are taken immediately. While OSHA and Arizona’s portion of OSHA AOSHA will do an investigation of many serious accidents, we have seen very serious injuries that were suffered where no such investigation was done. Or, we have seen serious construction accidents and injuries in Arizona where photographs were simply never taken as part of the investigation.

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Posted On: February 23, 2009

Phoenix Three Car Collision Hospitalizes Seven People

According to a report, seven people were hospitalized after an accident immediately following the Super Bowl when a collision occurred involving three cars on 16th Street near the I17 Freeway in Phoenix, Arizona. Considering the fact that Arizona had just lost the Super Bowl and that this accident took place immediately following that on the Phoenix streets, it certainly raises the possibility of drinking and driving. However, at this time we do not have any such information and we hope that drinking was not a factor in this accident. Moreover, we hope everybody ends up okay.

The questions of what to do when there are three different cars involved in an accident is one that is often asked of us. As experienced personal injury trial lawyers who help people after automobile accidents in Phoenix, Arizona, we have to often explain the comparative fault system of justice in Arizona. For instance, although we do not know the details of this particular crash, what would happen if more than one driver shared part of the fault for the accident? Could somebody recover damages if all of the fault does not rest with a single person? In Arizona, the answer is yes.

Personal injury victims have a right to receive fair compensation under Arizona law. Experienced car accident injury lawyers in Arizona will help injury victims go after each and every defendant who shares in the blame. The comparative fault system in Arizona is actually relatively simple. First, the jury is to establish a fair amount of compensation for all of the damages suffered by the Arizona injury victim including lost wages, medical bills, pain, loss of enjoyment of life, and so forth. Then, the 100 percent at fault that encompasses everybody in the accident needs to be divided up.

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Posted On: February 22, 2009

Arizona Man Hit By Careless Driver Who May Have Been Drunk

Arizona drunk driving must be stopped. Car accident lawyers in AZ can do their part. If we cannot stop drunk driving car accidents in Tucson and Phoenix and throughout Arizona, we must do more to decrease the number. According to reports, Rene Herrera was walking on Camelback Road near 37th Avenue when Victor Lopez ran a red light, swerved onto the sidewalk and hit Mr. Herrera. According to the reports, alcohol may have been a factor in the incident.

To the degree that alcohol was involved in this incident there must be criminal prosecution and, if possible, civil prosecution as well. We have all heard about drunk driving accidents. We all know how many Arizona residents are killed because of drunk drivers every year. We have all heard the stories of the terrible Tucson car accidents and Phoenix drunk driving accidents that take the lives of innocent people.

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Posted On: February 21, 2009

Arizona Bus Accident Victims' Bodies To Be Sent Back Home

From a pure grief standpoint, it must continue to get no easier for the families of the Chinese tourists killed in the Arizona bus crash near the Hoover Dam. It has now been reported that the bodies of the six Chinese tourists involved in the bus accident are being sent back to China at this time. Those wrongfully killed reportedly include Meng Qui Sun, 19; Yu Ching Chung, 15; Guo Ying Zhu, 45; Yong Shun Zhu, 39; Zhen Quan Sheng, 56; Xia Zhen Ge, 44; and Wen Ting Chen, 45.

In the same report however, legal concerns are certainly raised for the families of those people who would like to see justice done and would like to make sure that those who relied upon the income of those tourists is not lost forever. It has been reported that the National Transportation Safety Board (NTSB) will not be issuing a finding of the cause of the bus accident until 2010.

That means, for even a citizen of the United States that has some familiarity with the personal injury system and personal injury attorneys who can bring claims on behalf of these families, this kind of delay may not raise a red flag and they may lose all of their rights. However, for families from China that know nothing of American personal injury laws and the legal claims they have after such a horrific tragedy that was apparently completely preventable, this kind of delay could ultimately cause them to miss out on important deadlines that could forever bar them from bringing claims that they have the right to bring.

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Posted On: February 20, 2009

Tuscon Man Electrocuted on Construction Site

Far too many Arizona construction workers suffer serious injuries without seeking the help of the best Arizona construction accident attorney they can find because they do not know they have any such rights. All too often, people who are seriously hurt on the job just look only to workers' compensation. It is true that workers' compensation is the "exclusive remedy" in which to get any compensation after many on the job injuries.

However, workers' compensation does not pay all of the lost wages, but only a portion. Workers' compensation does not provide any money for the loss of enjoyment of life, pain, and other general damages available under a personal injury situation. It is not that every on the job injury allows for a personal injury lawsuit. But anyone who has been seriously hurt in a construction accident should take immediate steps to contact a lawyer who is aware of the exceptions to the rule that limit somebody only to workers' compensation claims.

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Posted On: February 19, 2009

Phoenix Car Accident Injures Pregnant Woman

Any people who have read this blog understand that as Phoenix personal injury attorneys, our job is to protect people from being taken advantage of. And if there is one place where we see the most abuse, it is by the government's own laws to protect itself from liability. A lot of people talk about personal accountability and personal responsibility. There has been a big push for a long time in this country for people to simply accept the responsibility for their own actions. Usually, this is used as an accusation against people who are injured who choose to file lawsuits in Arizona. It's as if there is some lack of accountability—according to these cynics—simply because somebody who no longer is able to work is asking for the person who negligently caused their injury to pay for their own actions.

So whenever we see cases of potentially serious injuries that may have been caused by government employees, a huge red flag goes up. According to reports, Tyesha Lollie gave birth to a baby who may have had brain damage. Now, we hope Ms. Lollie is fine and we obviously hope that these initial reports of possible brain damage turn out to be nothing more than a false alarm. Nothing is more important than that. The question though, is not directly related to the six-car accident at 83rd Avenue and Thomas Road that took place involving Tyesha Lollie. Instead, we want to pay attention to the fact that the Chevy Malibu involved in the accident was a vehicle that was driven by a City of Phoenix Parks and Recreation employee. Why should that raise concerns? Because although we don't know who caused the accident, if it was the fault of the driver of the Parks and Recreation vehicle, then this Phoenix car accident victim could lose all of her rights and her baby's rights simply due to a law that's completely unfair if she does not hire an attorney or make the right steps immediately.

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Posted On: February 18, 2009

Phoenix Woman Seriously Injured in Car Accident

"A little bit of driver negligence has led to serious injuries." I read this quote from Sergeant Tim Mason from the Arizona Department of Public Safety and it struck me as very true. Now, in that particular case, Sergeant Mason was referring to a serious crash that happened in the West Valley that sent seven people to the hospital and closed a section of Loop 303. Unfortunately, in that crash, one woman was seriously injured when her blue car was crushed between a truck and an SUV and she had to be flown to St. Joseph's Hospital. According to the report, two cars had rolled through a stop sign instead of coming to a complete stop. As a result, one woman, who was completely innocent of doing anything wrong, according to these reports, has been severely injured in this Phoenix auto accident.

But that quote is one that we should all remember. "A little bit of driver negligence has led to serious injuries." We all drive in our cars every day. We all use cars to get around and it's a vital part of transportation throughout Arizona. However, it is vital to remember the importance of always being safe and making sure that safety is first. Keeping seat belts on. Coming to a complete stop at stop signs. Stopping for red lights. Going the speed limit. No, this is not the Arizona injury blog that has turned into a driver's safety course. But, keep in mind there are people in other cars nearby whose lives can be devastated because of one moment of negligence on the part of any other driver.

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Posted On: February 17, 2009

Camelback 2 Year Old Found In Swimming Pool

Arizona personal injury attorneys help people who face far more complicated matters than just automobile accidents. For instance, people can be negligent in any number of ways. Each of us has the responsibility to do everything we can to avoid being reckless and to avoid causing severe injury to other people. In particular, we are all required to do everything possible to protect children.

One of the many all too common tragedies that we see throughout Arizona is the seemingly endless reports of children who drown or nearly drown in backyard swimming pools. Now, we would never take the position that every such situation should lead to a criminal prosecution. We would not take the position that there is always someone to blame every time something goes wrong. We know better. However, we also know sometimes a babysitter is not paying attention. Sometimes a neighbor is not paying attention. Sometimes a gate has been broken and not repaired, or a gate that was never broken failed to function. In other words, sometimes either the maker of the gate that's supposed to protect the child or the people who are supposed to be watching the child were negligent, allowing the child to get out.

And so when we see reports as we did recently of a 2 year old who was found in a backyard swimming pool in the 3900 block of West Orange Drive near 35th Avenue in Camelback, our heart just goes out to the family.

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Posted On: February 16, 2009

Arizona Bus Crash Near Hoover Dam Kills And Injures Tourists

Reports from the National Transportation Safety Board regarding the bus crash near the Hoover Dam that took the lives of innocent Chinese tourists suggests that the driver of the bus was at fault. According to initial briefing, there is an indication that something about the door distracted the driver and that there may have also been a “sun glare” that blinded the driver before he lost control of the bus.

However, initial investigation did not find anything wrong with the driver-side door or any other mechanical problems on the bus.

Our hearts go out to the families of those who have lost their loved ones. Nothing can replace this loss. There is no lawsuit, no money, no lawyer that can in any way alleviate the incredible grief that these families are undoubtedly suffering. To have tourists from China on a bus near the Hoover Dam enjoying a likely once-in-a-lifetime trip to suffer this tragedy is overwhelming.

However, while people who live in the United States are familiar with what a good and experienced Arizona bus accident attorney may be able to do to provide compensation to help the family recover from the lost wages and all other losses, it is likely that the families from China are not aware of what may be done.

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Posted On: February 15, 2009

Peoria Arizona Truck Accident Results In Critical Injures

One of the common mistakes seen by experienced Phoenix truck accident attorneys after a serious trucking accident is delay between the time of the injury and retaining a lawyer. Many people make this “mistake” for a good reason: after a severe injury there is far more to consider than hiring the best Arizona trucking accident lawyer for the case or worrying about other paperwork. Other people believe that since they have two years to file a lawsuit in Arizona after most big rig 18-wheeler accidents, there is no rush.

The problem with waiting is Federal trucking regulations favor the truck driver and trucking company if there is much delay by the injured person. After six months, some records may be destroyed. This does not even take into account that fact that many trucking companies will have their own investigators or even their own lawyers at the scene of the collision while the police are collecting evidence, putting the plaintiff at a disadvantage if evidence collections after a serious tractor-trailer accident in Arizona or throughout the country.

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Posted On: February 14, 2009

Arizona Radar Cameras Help Prevent Auto Accidents

Just save lives.

Let me state this again so it is clear: just save lives. Car accidents devastate families, yet a report says there is uproar over the use of photo radar cameras on the freeways throughout Arizona. What really matters is that Arizona roadways are safe. This is more important than almost anything else. While there are some valid concerns in regards to the camera – such as why video is being taken and kept by any source – these are simply matters that can be corrected without eliminating the photo radar cameras themselves.

As the lawyers who literally wrote the book that is the Master Guide on Arizona Injury Claims, it may surprise some that we are so adamant in the defense of photo radar cameras. However, in fact it makes perfect sense. We see far too many wrongful death cases in Phoenix. We have seen people throughout the State of Arizona whose lives have been devastated because the speed of other vehicles. The initial studies of the photo radars seemed to indicate a significant drop in people seriously injured and killed in Arizona. This is called victory. We have seen far too many people seriously injured in Tucson car accidents. Every single serious personal injury that we can reduce or eliminate in Arizona is a good thing.

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Posted On: February 13, 2009

Chandler Arizona Motorcycle Crash Kills Woman

Tremendous danger is presented by those negligent enough to leave their trash, debris, or other loose things on our freeways and this reckless act has once again claimed the life of an innocent motorcycle rider. Maria Patena of Eloy, Arizona reportedly died after the Harley Davidson motorcycle she was on as a passenger struck a tarp in the roadway from I-10 near Riggs Road in Chandler, Arizona. According to the reports, the tarp became entangled in the rear wheel of the motorcycle.

There was no information in the initial reports to explain where this tarp came from or how it ended up in the roadway. To the family that lost their loved one, perhaps it makes no difference. On the other hand, there have been many times that we have been retained as wrongful death Arizona lawyers to help people who want some measure of justice to come from such a tragedy. People who may also need financial help after somebody has been killed in an auto accident.

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Posted On: February 12, 2009

Arizona Car Accident Tragedy Kills Three Children

Car accident lawyers in Arizona are faced with helping families after what is often the worst tragedy they could ever imagine. Sometimes, the loss is so great, even an experienced injury attorney is overwhelmed by the loss suffered by one family.

A terrible tragedy struck a Las Vegas family near Wikieup, Arizona on US-93, when three loved family members – all children – were killed in an automobile accident. According to reports, an SUV was involved in an accident with another car. The SUV was driven by Leticia Ovando-Deterraza. The tragedy included the loss of the driver’s 16-year-old son Miguel Rodriguez, her son Josue Rodriguez, and her 16-year-old daughter-in-law Leslie Rodriguez. Also quoted in the story was the father of the boys, Roman Rodriguez.

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Posted On: February 11, 2009

Arizona State Bar Helps Differentiate Lawyers

With so many lawyers in the State of Arizona, how does somebody searching for a car accident lawyer in Arizona or looking for any Arizona personal injury attorney find an experienced lawyer that they can trust? What differentiates all of the lawyers with all of the advertisements and all of the marketing messages from one another?

The State Bar of Arizona is a group that licenses lawyers. You cannot be a lawyer in the State of Arizona unless you have first been admitted to the State Bar. In an effort, presumably, to help consumers make the choice easier, the State Bar of Arizona set out to be in a program that would certify specialists in personal injury and wrongful death litigation in the State of Arizona. The same State Bar of Arizona that licenses lawyers is the one that offered up this distinction for those lawyers that could prove they had the experience and the knowledge to meet this higher requirement.

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Posted On: February 10, 2009

Yuma Woman's Death From Drunk Driving Accident Accounted For

A small bit of justice was brought to the Yuma, Arizona community following the wrongful death to Yuma resident Yvette Herrera as a result of a one-year sentence handed down to Daniel Luna. Apparently, in September Yvette Herrera was killed in a single vehicle Yuma, Arizona car accident in which Mr. Luna was the driver. It has been reported that Mr. Luna was driving under the influence at the time of this incident. It has also been reported that Mr. Luna had been previously arrested but was apparently allowed to keep his driver’s license with some limitations.

Everything that can be done to prevent drunk driving accidents in Arizona must be done. Personal injury lawyers can help drunk driving victims by not only helping them through the legal process, but by going after compensation from the drunk driver after a serious injury.

The best personal injury lawyers helping Yuma residents, Scottsdale, Arizona residents, Tucson, Arizona residents, and everywhere throughout the state know the tragedies that befall innocent victims as a result of drunk driving. In addition to the prosecution of these individuals who cause serious injuries, it is important that personal injury lawyers do everything possible to allow the families who have lost a loved one to receive every bit of compensation that they are deserved and allowed under the law. Not only does this serve the benefit of helping the survivors after such a tragedy, or the injury victim that can no longer work, but it may be one more potential harm that could befall a drunk driver that may discourage future drunk driving. Anything that can be done to do so is important.

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Posted On: February 9, 2009

Defective Crib Recall Expanded

Jardine Cribs has recalled an additional 56,000 units, expanding to almost 400,000 the number of cribs that have been recalled as a result of a strangulation and entrapment hazard to infants and toddlers. These cribs were sold at Kids World, Geoffrey Stores, Toys-R-Us, and Babies-R-Us stores nationwide from March 2004 through January 2009. These cribs were sold in the range of $220.00 to $330.00.

This child product recall raises many questions about Arizona Product Liability Law. For instance, if a defective product cause serious injury, what can an Arizona resident do to recover for that injury? The first step is to hire the best product liability lawyers they can after a serious injury of wrongful death that came as a result of a defective product. Also, this raises the question as to whether or not a recall is required in order to pursue a serious injury claim due to a defective product that cause injury to an Arizona resident. The answer is an absolute no. While a recall may be evidence of a dangerous product that never should have been on the market, the reality is that determining whether or not there is a defective product that was placed on the market that never should have been there and never should have caused injury is a much more complicated analysis.

The reality is that it is not easy to simply answer the question as to whether or not an individual claim for serious injury in Arizona should be pursued. The most experienced product liability lawyers will do everything they can to explain to the family involved the likelihood of success and the amount of time it would take to pursue an individual claim. This varies on a great many factors. For instance, Arizona is one of the only states, if not the only state currently in the United States, that does not follow a traditional product liability model when it comes to suing a Chinese manufacturer. So many of our products are created in China that most states in this country you can sue the store that sold the product. The belief has always been that the store that sold the product is in the best position to have insurance or to go after that store in China with which they do business. It has always been the belief that the injury victim is not in a good position to try and sue the communist Chinese corporation for the defective product directly. However, Arizona Courts have recently made this requirement for Arizona residents only. Therefore, a production liability claim in Arizona as a result of a serious injury or wrongful death is much more complicated than it is most other states. Therefore, the analysis of an expert in product liability law is vital prior to making a decision whether to pursue a claim as a result of a defective product that causes a serious injury.

We understand that product recalls in Arizona, and the rest of the country, are not perfect, but we are hopeful that anyone whom bought a Jardine Crib will take advantage of this recall to the vital and necessary safety of the infants and toddlers throughout the United States that go to bed every night in one of these cribs.

Posted On: February 8, 2009

Phoenix Truck Accident Leaves 9 Year Old Dead

Our hearts go out to the family of Brayden Lott who was tragically killed when he was struck by a vehicle on a busy street in West Phoenix. According to reports, he was hit by a dump truck early in the morning, and he died later that day. There are no words that can express our condolences, and we feel terrible for this family. The reality is that any death to any child is unspeakable in terms of how terrible it must be for the family involved.

We are often asked, in similar situations, why we pursue personal injury claims in Arizona when a child has been killed. Many people rightfully point out that money cannot undo the loss to the family.

We have given this a lot of thought over the years and we have had to answer the question many times. Why should the family who has lost a child in a wrongful death case bring a lawsuit when the money can never undo the harm? Well, it is true that money can never come close to helping out a family in terms of the emotional loss of a child. However, nothing can do this. However, there are often many financial implications to the loss of a child. Are the grieving parents supposed to go to work the next morning? What will the parents need to do to keep the family together? What about the surviving siblings and their loss? And what of the negligent driver who had insurance, should the insurance company just get off scot-free because money cannot "undo" the harm?

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Posted On: February 7, 2009

Brain Injury To Rothlisberger Caused Helmet To Not Fit

As personal lawyers who help Arizona accident victims after a severe motorcycle accident with head injuries and bicycle accidents with head injuries, we found the recent story of Ben Roethlisberger, the NFL Pittsburgh Steelers’ quarterback, interesting. After he had suffered a head injury, a concussion, he had trouble fitting his helmet back on his head. Apparently, there was ongoing swelling that actually caused the circumference of his head to increase in some way that made his normally well-fit helmet uncomfortable.

This story is enlightening on a number of levels that relate to seriously injured motorcyclists and bicyclists in Arizona. One of the most common defenses raised by defendants is that a properly fitted motorcycle helmet or bicycle helmet would have prevented the severe head injuries so many Arizona residents suffer. However, this story points out that even in the NFL with the best possible equipment, even slight variance in the conditions can take away from some of the protection offered by the helmet.

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Posted On: February 6, 2009

Arizona Dog Attack On Postal Worker

As Arizona dog bite lawyers experienced in helping people after they have suffered an attack, we have seen the same type of stories unfold on an all too consistent basis. Like many personal injury lawyers that help people who have been severely injured – whether from a car accident or a defective product or a dog bite – we know that some things are consistently dangerous. There are some injuries that happen throughout the State of Arizona that Arizona trial lawyers get used to seeing. Sometimes, you wonder whether or not people will ever use their common sense so that there will not be a need for so many dog bite lawyers to pursue so many Arizona dog bite cases. It has grown tiresome to watch so many pit bull attacks throughout the State of Arizona. Very often, children are bit and attacked by pit bulls throughout Phoenix, Tucson, throughout the State of Arizona and we, as Arizona personal injury lawyers, come in after the fact to try to help out.

No matter how much work we do and no matter what effort we put in, sometimes it feels as though we're not even making a dent or getting through to the people who do not keep their dogs behind the fence or on a leash. Now, we see the new story that an innocent postal worker was attached by two pit bulls. Why were these two pit bulls out of the yard? How were they allowed to attack this postal worker who had to be saved by people in the Phoenix neighborhood?


This innocent woman, like every dog bite victim, has the right to seek compensation for their injuries. The time that will be lost from work. The pain that they will go through and healing from the injuries from a dog bite or pit bull attack. The medical bills that may well mount up. In addition to the things that may be covered there will also be some uncovered medical bills and out-of-pocket expenses along the way. All this could and should have been prevented. But Arizona allows for a lawsuit against the owner of the dogs. Often, but not always, there is recourse against the homeowner's insurance where the dogs should have been staying and got out. It is not necessary for an Arizona dog bite claim to include claims against insurance only on the property where the dog bite occurred. Even if the attack occurred off of the property there is still an equal right to pursue that claim.

However, Arizona dog bite law prevents any lawsuit to take place after two years. To make matters even more restrictive, somebody who has been attacked by a pit bull in Arizona must bring a lawsuit within one year of the date of the incident or they lose some of the legal protections they have. Therefore, while in theory a lawsuit can be brought up to two years after an attack, it is very much to the benefit of anybody who's been bitten by a pit bull in Arizona or attacked by a dog to seek out a lawyer early enough that the investigation can be accomplished and the chance to file the lawsuit in less than one year can be pursued.

Posted On: February 5, 2009

Arizona Tractor Trailer Accidents Could Be On The Rise

Serious Arizona wrongful death and personal injury claims after tractor trailer accidents may increase in the near future.

While we absolutely hope that is not the case, recent reports of truckers being forced to take loads throughout the country that are not profitable greatly increase the likelihood that drivers will violate federal regulations and drive while fatigued. Fatigued truckers are a major cause of Arizona personal injury claims against trucking companies. Federal regulations prohibit truckers from driving in excess of the mandated hours. When truckers choose to violate those regulations, innocent people are hurt on Arizona roadways and are forced to consult with Arizona personal injury trucking lawyers to find out whether or not they have a claim. That claim often revolves not just around the serious personal injury or wrongful death caused by the trucker, but often around the trucker’s decision to selfishly drive while fatigued to make more money for himself and his trucking company. Moreover, we often see trucking companies in Arizona allowing their workers to drive in excess of the number of hours so that they can make a greater profit, at the expense of the innocent victim who is involved in a crash with truckers who are falling asleep at the wheel.

However, trucking cases are very complicated. Deciding whether or not to bring a claim requires not just any Arizona lawyer, but requires consultation with the best Arizona trucking lawyer available. It requires consultation with lawyers who have experience in bringing claims against trucking companies when they allow their drivers to violate these federal hours. And more importantly, there are so many questions that need to be answered after a severe injury in a trucking accident that it is not enough to simply find a lawyer who is capable of filing a lawsuit. It is necessary to find a person injury lawyer capable of doing an excellent job in the lawsuit and an even better job of answering the questions the family needs answered to decide when to bring the claim, whom to bring the claim against, and what the claim will entail in terms of the emotional toll and financial toll upon the family that has already been victimized.

We welcome the questions that the victims of trucking accidents, or their families, have prior to filing a lawsuit throughout the process. We take great pride not just in helping people throughout the process of being successful in their lawsuits after a trucking accident and injury, but in making sure our clients understand the process, understand their rights, and are fully informed throughout the entire process from start to finish. We believe it is this communication that we provide to our clients, whether after a trucking accident, automobile accident, motorcycle accident, or any serious injury or wrongful death claim – that has led so many of our clients for so many years to encourage others to call us whenever they have questions.

Posted On: February 4, 2009

Arizona School Bus Accident Raises Questions

After any serious bus accident, a skilled personal injury lawyer can be very important to the people involved. However, when a school bus causes serious personal injury to the residents of the Phoenix, Arizona metropolitan area, even greater concerns are raised than in any other bus collision.

The recent article about the crash involving the school bus from the Fowler Elementary School District carrying children from Western Valley Middle School brings this point home. At least 26 people have been reported to have been seriously injured as a result of the Arizona school bus accident. Unfortunately, it is likely that many of those people will never receive any compensation for the medical bills that they need paid to avoid bankruptcy, for the lost wages they incur while they try to heal, or for any other legally compensable claim that they are entitled to. That is because there is a 180 day notice of claim deadline. Many people are familiar with the statue of limitations in Arizona. The statute of limitations requires that lawsuits be filed within a certain, specified period of time or all of the rights of a personal injury plaintiff are lost. However, the notice of claim against a school district takes it to a much higher level. In less than six months from the date of a school bus accident, the victim needs to file a proper notice of claim with the school district. It needs to be served on the proper people. It needs to contain the proper content. Fortunately, the reports indicate that the students on board were not harmed. This, obviously, is more important than anything else. Having said that, for those who were on the road who have suffered serious injury, the importance of finding the best possible Arizona personal injury lawyers they can is vital.

Of course, deciding whether or not to bring a claim is a difficult choice that each family must make after they are injured in any kind of automobile accident. However, we strongly believe that the first step is to collect the information and get answers to their questions that exist so that a family involved in any kind of collision, this bus accident or any other, has the information they need to make the proper choice for themselves. If you, or anyone you know, was involved in this serious bus collision or you know somebody who was, we strongly encourage you to simply give us a call. This does not mean that you need to bring a lawsuit. You may not even have a legal claim. Without further investigation there is nobody that can assure you as to what claim exists. However, knowing that there are experienced Phoenix bus accident lawyers who know Arizona law who can help you answer the questions and allow you to make the best choice is what is most important.

Posted On: February 3, 2009

Arizona Drunk Driving Accidents On The Rise

Serious injuries and death on Arizona roadways as a result of drunk drivers is on the rise yet again. According to published reports, in 2006 there were 502 alcohol-related fatalities on Arizona roads. This is apparently climbing in number, reaching back to the terrible days of 1986 where 582 people were killed in alcohol-related motor vehicle accidents.

As experienced personal injury lawyers helping people after drunk driving accidents, we have seen far too many occasions where we have had to help out the family who lost a loved one because somebody was so selfish that they chose to get behind the wheel of a car after they had been drinking. Some may question whether or not even the best Arizona personal injury lawyers can help a family who has lost somebody after a drunk driving accident. Most people assume that the help provided to drunk driving accident victims is only provided through the criminal courts in the prosecution of the drunk driver. In fact, we have helped many clients receive full and fair compensation for the financial toll that these types of injuries take upon the entire family. When a wage earner is lost, there is no greater pain than the emotional loss and we have seen this repeatedly. However, there are financial realties for the family left behind. Even when somebody is able to survive and only suffers a serious personal injury, the inability to continue to work or to help out around the house causes serious financial tolls on everybody involved. The whole family is affected by this kind of drinking and driving that we have seen continue to climb in Arizona.

As Arizona personal injury lawyers helping the victims of drunk driving, we know all too well the many questions that are facing the family considering a bringing a claim. How long will the claim take? How long does a personal injury case take after a serious injury? What has to be done to file a lawsuit against the drunk driver? Can a drunk driver be forced to pay for lost wages or for pain incurred as a result of their negligence? The answers to these questions and many more are so vital to a family deciding whether or not to bring a claim.

We take great pride in the fact that for years we have not just been able to be very successful for our clients in obtaining compensation, but also in the fact that we have answered their questions and provided a level of communication that has led so many of our clients for so many years to encourage people to call us with any questions they have. If you or anyone you know has been involved in a serious injury, or you know the family suffering through the wrongful death that was caused by another's negligence, we are happy to answer the questions that exist. It is not just about whether or not a legal claim exists, but whether that legal claim is in the best interest of the family involved, and which legal claim and in which manner a claim that is brought should be done for the benefit of the family that is already suffering.

In the meantime, we could only hope that enforcement by both experienced personal injury trial lawyers as well as prosecutors throughout the state will continue or will start to once again decrease the number of fatalities on our Arizona roadways.

Posted On: February 2, 2009

Hoover Dam Bus Accident Leaves 7 Dead

A terrible tragedy struck recently when a tour bus accident caused the death of at least seven passengers and serious injuries from the bus accident to many more. According to reports, the tour bus crash occurred near the Hoover Dam on a stretch of road from Phoenix, Arizona to Las Vegas New Mexico. We cannot imagine how horrific this news must be to the loved ones in China, whose family members took a trip to the United States and ended up involved in such a terrible bus collision.

We know that the last thing these families will be thinking about at this time is compensation, lawyers, or lawsuits. However, when the shock of this terrible event wears off, there will be overwhelming amounts of bills to be paid, lost wages that families depended upon to be reimbursed, and other legally compensable claims available to these families. This raises a legal question that can best be answered by a personal injury and wrongful death attorney in Arizona; Whether a Chinese National visiting the United States has a right to bring a personal injury claim. The answer is that our laws do allow visitors and immigrants to bring personal injury lawsuits. In fact, even undocumented and illegal immigrants are allowed to bring personal injury lawsuits and claims when they have been injured by the negligence of another.

The reason that visitors and immigrants are allowed to bring personal injury lawsuits is because of the importance the law places on holding negligent people and companies responsible for their actions.

If you or anybody you know has questions and is in search of a qualified specialist in persona injury and wrongful death law in Arizona to help families affected by this Arizona bus accident we encourage you to give us a call. Even if you do not think a lawsuit is in your best interest or you are unsure if you want to actually pursue a claim but you have questions, we are happy to provide all of the answers that we can. The decision to file a lawsuit or not to file a lawsuit varies from person to person, but gathering information to make the best decision is always important. For families that have suffered severe injuries or lost a loved one in a wrongful death bus crash, having help from a bus accident lawyer with all of the issues surrounding the event – in addition to the pure legal issues – can be a vital and sometimes necessary step.

Posted On: February 2, 2009

Wrongful Death in the Workplace Not Always Limited to Workers' Compenstion

It has been reported that two more Arizona workers have been killed as a result of electrocution. Recently, both an SRP employee and an APS employee were killed in separate electrocution incidents. There is no lawsuit and no legal claim that can undo this tragedy for these families. However, families who have suffered workplace wrongful death in Arizona need to know that there are resources in some cases beyond just workers’ compensation.

Some may question our discussion of these issues, asserting that lawsuits cannot undo the harm. We understand that. But having helped so many families after wrongful death who have suffered the lost wages and the financial hardship that come due to the negligence of others, we know that personal injury lawyers in Phoenix and throughout Arizona have repeatedly helped families in these tragic times. We can never undo the harm caused by wrongful death. But far too many construction workers are killed, far too many of Arizona’s best workers suffer serious injury on the job, and do not realize that the workers’ compensation claim is not always their only outlet. In many cases, depending on a variety of circumstances, there are other legal resources that can provide compensation to the family and to the victim far greater than workers’ compensation. However, determining whether or not that is the case is always a detailed analysis that requires a construction accident lawyer in Arizona to help them determine whether or not there is money available far beyond that which is afforded through workers’ compensation claims to the injured worker in Arizona.

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Posted On: February 1, 2009

Drunk Driving Accident Claims Lives of Two Boys

Drunk drivers must be prosecuted. Drunk drivers should be sued by the victims for the injuries they caused in a civil court by personal injury lawyers. We must come together and end the killing on our highways and the destruction and serious injury caused by DUI accidents in Arizona and across the country.

We are outraged and extremely saddened by the case of the Smith family. According to this report, Traci Smith and her husband Frank Smith were driving with their two boys when they were violently struck at a four-way stop sign by two teenagers who were speeding and drinking when the accident happened. The two boys tragically lost their lives. Mrs. Smith is apparently in critical condition. There are no words to express our sadness for this family. There is absolutely no excuse for this crime that was committed by these teenagers.

At some point we must draw the line. At some point we must say that Arizona drinking and driving accidents are not just tragic when these accidents happen. We must do everything possible to stop drinking and driving before these types of tragedies can occur.

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