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Medical Malpractice Laws May Shield the Hospital

Hospital Investigations and Confidentiality By law, hospitals are required to conduct investigations when errors are committed. The purpose is to “reduce morbidity and mortality and for the improvement of the care of patients provided in the institutions.” (ARS section 36-445.) “Such review shall include the nature, quality and necessity of the care provided and the […]

The Supreme Court: How a Case Can Make Its Way to the Highest Court in the Land

The Judiciary, headed up by the Supreme Court, is one of three branches of our government whose role is to put a check and balance on the powers of the Legislature (Congress) and the Executive (President) branches. A slew of highly politicized cases have brought this least glamorous of the branches into the limelight in […]

What is a Nonparty?

Arizona is a comparative fault state. Each defendant is liable only for the amount of damages allocated to that defendant in direct proportion to that defendant’s percentage of fault. A.R.S. § 12-2506. For example, if you slip on water that has accumulated on the floor in your local grocery store and fall to the ground […]

Lawsuit Time Limits-Statute of Limitation

In the Civil realm of the law, most claims have a statute of limitation. This means that your right to file a lawsuit against a person or entity expires after a certain amount of time. The justification for these time limits is to allow businesses and people to go about their business without having to […]

Your Vehicle's Diminished Value

Here’s the scenario: You are driving along in your two-year old mint condition Chevrolet Suburban when suddenly a negligent driver decides to turn left and BAM! There’s a collision. This event triggers three separate and distinct claims against that negligent driver: 1) Personal Injury, 2) Property Damage, and 3) Diminished Value. Everyone knows about the […]

Insurance Bad Faith and Your Stolen Vehicle Claim

We purchase insurance to protect us from many unforeseen and unwelcome possibilities, including vehicle theft. Lately, insurance companies seem to be investigating stolen car claims with additional scrutiny and increasing skepticism. This may very well be considered bad faith. In 1981 Arizona adopted the independent bad faith claim. In Noble v. National American Life Insurance Company, […]

Settling a Personal Injury Claim for a Minor

A minor is legally incapable of making a determination of whether or not to settle a claim. Therefore, a judge of the Superior Court must approve any personal injury settlement on behalf of the minor if the amount is $10,000 or more. This adds time, cost, and complexity to a settlement. However, there is good […]

Social Media and Your Personal Injury Case: Your Warning

 As social media platforms continue to multiply, I am compelled to once again warn of the potential pitfalls that instagram/facebook/twitter/pinterest/google+/tinder/snapchat/youtube/tumblr/reddit/myspace/etc… posts can create for a personal injury claim. Slate.com recently published an article titled Evidence of Life on Facebook that I will recommend for all of my future clients to read. This article references some […]

Pre-Existing Conditions

The phrase “pre-existing condition” has received significant attention in the past few years as the nation’s media, politicians, and citizens continue to debate the Affordable Care Act and it’s impact on the American system of healthcare. Most of us equate the phrase to the health insurance companies attempts to limit or deny coverage. However, in the […]

Arizona's Minimum Insurance Limits

The minimum amount of automobile insurance required in Arizona is $15,000 per person or $30,000 per accident and $10,000 in property damage. This amount was put into place by Arizona lawmakers in 1972. In 1972, the average new car cost less than $4000. In 2010, the average cost of a new car was just under […]

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