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FASTAR Arrives in Pima County

A new pilot program in Pima County drastically changes the rules for smaller civil claims. As of November 1, 2017, there are new rules in Pima County for resolution of smaller cases certified to be less than $50,000. The acronym FASTAR stands for “Fast Trials and Alternative Resolution.” Most small car accident cases still fall under […]

Negligence Per Se

In Arizona, negligence can be presumed if you are injured while someone is breaking the law. What does that mean for your personal injury claim? Arizona has many laws that are designed to protect us from each other. Various enforcement agencies, including local police departments, county sheriff departments, state public safety departments, and federal departments […]

Criminal Restitution vs. Civil Compensation

What are the differences and similarities between the two? According to Arizona law, a victim of a crime is entitled to receive from the convicted criminal the full economic value of the victim’s losses as determined by the Court. A.R.S. §13-603(C). This restitution is included in the Sentencing component after the criminal has either pled guilty or […]

Adult Protective Services Act

Protecting Vulnerable Adults in Arizona APSA stands for the Adult Protective Services Act.  It was first enacted in Arizona in 1980.  It has been amended several times, and each amendment has added provisions to protect vulnerable adults from neglect, abuse and exploitation. Unlike Arizona’s wrongful death act, APSA claims for abuse and neglect, including pain […]

When Medical Devices Harm

Medical device makers are nearly immune from lawsuits if their devices should injure, kill, or otherwise harm. A new case from Arizona’s Court of Appeals reaffirms some established law that makes suing medical device manufactures for negligence extremely difficult. Conklin v. Medtronics, Inc, held that the  premarket-approval (PMA) paragraph of the Federal Food Drug and Cosmetic […]

If I Was In A Car Accident; Do I Need A Lawyer?

At the Rockafellow Law Firm, we are asked this question almost daily. It is an important question that must be carefully considered. As you may expect, the answer depends on multiple factors, including the following: 1.    Fault: Who caused the crash? In many cases this is an easy question. In others, it can be difficult […]

Attorney Leighton H. Rockafellow, Sr. Has Been Recertified in Civil Trial Law With The National Board of Trial Advocacy

The National Board of Trial Advocacy (NBTA) has recertified Leighton H. Rockafellow, Sr. of the Rockafellow Law Firm as a civil trial advocate.  Mr. Rockafellow has been an NBTA member in good standing for 25 years.  The NBTA was formed out of a strong conviction that both the law profession and its clients would benefit […]

Jurisdiction: Many Factors Determine Where You Can File Your Lawsuit

One of the first classes every law student takes is civil procedure.  One of the principal lessons of civil procedure is “Jurisdiction” or where suit should be filed. General rules are you that file suit in the county where the incident occurred or in the county where the Defendant resides.  If an event occurred in […]

How Much Insurance is Enough?

Commercial Vehicle Minimum Coverage Since 1972, minimum coverage in Arizona for passenger cars has been $15,000 per person, $30,000 per accident if two or more persons are injured, and $10,000 for property damage. In 1972, the average new car cost less than $5,000. The average new car cost is now over $30,000. Uninsured and underinsured […]

Top 10 Civil Verdicts in Arizona in 2016

Every year the “Arizona Attorney” the official State Bar publication for lawyers, prints an article on the Top 10 Civil Verdicts in Arizona for the previous year.  Here are the results for 2016 in order of size: $27,625,000.  This was a partnership dispute over alleged misappropriation of funds from one partner by another.  The behavior […]

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