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About Personal Injury Law

February 22, 2010 @ 08:56 PM — by Michele Wallace
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Personal injury cases can be difficult business to handle, which is why you need a skilled lawyer on your side. You can learn the basics about these sorts of cases from this informative article.

Premises Liability Lawsuits - Frequently Asked Questions (FAQs)

February 22, 2010 @ 08:55 PM — by Michele Wallace
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Property liability lawsuits are no picnic for anyone involved. Whether you’re the property owner or the injured party, these lawsuits can be stressful and frustrating. They also can be confusing, so here are some answers to commonly asked questions about them.

Questions People Have About Personal Injury Law

February 22, 2010 @ 08:54 PM — by Michele Wallace
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Personal injury law refers to lawsuits filed against those who are responsible for the injury or property damage of other individuals. This article will answer some basic questions about these sorts of lawsuits.

Common Causes of Car Accidents

February 22, 2010 @ 08:54 PM — by Michele Wallace
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When you get behind the wheel of a car, you are taking a chance with your body and your life. Reduce the risk of an automobile accident by knowing and avoiding the most common causes of crashes.

Wrongful Death Lawsuits - Frequently Asked Questions

February 22, 2010 @ 08:53 PM — by Michele Wallace
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Wrongful death lawsuits may be able to provide close family members with the ability to pursue just compensation for the unexpected loss their family member.

About Motorcycle Accidents

February 22, 2010 @ 08:52 PM — by Michele Wallace
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Motorcycles offer little protection for the drivers and riders; as a result motorcycle accidents often result in serious injuries, plus major property damages. Lawyers can help victims recover expenses that result from the accidents.

Common Causes of Slip and Fall Accidents

July 13, 2009 @ 08:25 PM — by admin
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We all laugh at when we see someone slip and fall on the banana peel on the television, but those are usually staged scenarios. It is not so funny when we are the ones to slip and fall. In some cases, slip and fall will result in bruises or broken bones. In the elderly especially, a slip and fall can be disastrous, leading to medical complications, paralysis, and possibly death. A slip and fall accident occurs when the bottom of our shoe or foot makes improper contact with the ground. The ground may be covered by a liquid or fluid; or, the surface itself is slick. Worn carpeting lacks tread to grip your shoes, which makes it even more dangerous on stairs. Avoid slip and fall injuries by watching out for these hazards: Outside:
  • Icy or snow-covered roads, sidewalks, walkways or parking lots
  • Mud
  • Wet leaves
  • Hidden curbs
  • Loose gravel, stones or rocks
  • Potholes
  • Sewer covers or grills
  • Manhole covers
  • Uneven pavement
  • Cracked sidewalks
Inside:
  • Liquid (for example, water, oil, or beverage) spilled on floor
  • Slippery floor texture or freshly polished/waxed floor
  • Objects or trash on the floor
  • Escalators and elevators
  • Uneven floors
  • Worn tread on carpeting
  • Narrow, loose or worn stairs
  • Cracks in the floor
  • Unsecured area rug or carpet edge
  • Electrical cords
There are also situations where prevention measures that should have been in place were neglected, thus increasing the likelihood of a slip and fall injury. The following are examples of items that, when lacking, could cause people to slip and fall:
  • Handrails on stairs on along walls
  • Adequate or bright lighting
  • Caution signs (“Slippery when wet” or “Wet Floor”)
  • Warning signs around cleaning or construction areas
  • Reflectors or painted curbs
Slip and falls can occur in any building, at home, at a friend’s house, or at work. We love the great outdoors but a lot of slip and falls can happen just outside your front porch. Even fun, tourist attractions such as amusement parks, cruise ships, and art galleries can be a site for a slip and fall accident. If you are injured in a slip and fall accident, do take a moment to consider whether that accident could have been caused by the negligence of the property owner. Our Phoenix personal injury lawyers can offer you good advice on whether you have enough evidence to file a complaint. To learn more about slip and fall lawsuits as well as auto accident lawsuits, motorcycle accident lawsuits, truck accident lawsuits, construction accident lawsuits, medical malpractice lawsuits, and birth injury lawsuits, it is important to speak with our personal injury lawyers in Phoenix, Arizona.

Common Types of Personal Injury Lawsuits

June 22, 2009 @ 03:57 PM — by admin
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Personal injury law covers a wide range of cases that involve injuries that are the result of another party’s negligence or intentional misdeeds. Below is a brief look at some of the most common sorts of the personal injury lawsuits that attorneys deal with on a daily basis.

Auto Accident Lawsuits

Auto accident lawsuits are one of the most common types of personal injury lawsuits. Whether your case is a truck accident lawsuit, a motorcycle accident lawsuit, or car accident lawsuit, it is important to speak with a skilled lawyer who can ensure you receive just compensation for you injuries and damage to your property.

Medical Malpractice Lawsuits

A medical professional--whether a doctor, a surgeon, a pharmacist, or a nurse--is required to provide quality care that does not harm or endanger the person being treated or cared for. If this does not happen, a person may file a medical malpractice lawsuit (e.g., a birth injury lawsuit) to recoup money for injury and other damages.

Slip and Fall Accident Lawsuits

If you are injured by tripping or falling on another person's property as a result of negligence on the property owner's part, you may wish to file a slip and fall lawsuit against the property owner. This type of case falls under the larger heading of premises liability lawsuits, which covers all lawsuits that deal with injuries on another person's property.

Product Liability Lawsuits

The manufacturers, retailers, and designers of a product are required to make products that are of good quality and are not harmful to consumers. If you or a loved one are harmed by a defective product or dangerous pharmaceutical, it is imperative that you file a product liability lawsuit to recoup damages.

Wrongful Death Lawsuits

Should an injury of any sort lead to the loss of a loved one, you need to speak with a skilled lawyer to file a wrongful death lawsuit. This will help you recover compensation for your tragic loss and help cover future expenses due to lost wages and companionship in the future. To learn more about your legal entitlements, we encourage you to speak with our skilled personal injury lawyers serving Phoenix, Tempe, and Scottsdale.

Medical Malpractice - Frequently Asked Questions (FAQ)

April 08, 2009 @ 03:09 PM — by admin
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There are many reasons that people may feel they were a victim of medical malpractice. There are many factors to medical malpractice and you should consult an experience medical malpractice attorney if you feel you are a victim. Here are some frequently asked questions about medical malpractice lawsuits to determine if you may have a valid case against a medical provider.

Do I have a medical malpractice lawsuit?

In a medical malpractice lawsuit, an undesired outcome does not mean you have been a victim of medical malpractice. At times, even with the best medical care things can go wrong. To have a successful medical malpractice lawsuit you must have an expert testify that no reasonable medical provider would have provided the care that you were given. Additionally, you must be able to prove that the negligence of your medical provider caused an injury or death. It is possible for a medical provider to be negligent and still not be held liable if the injury or death was caused by some other factor.

Do I have a medical malpractice lawsuit for a misdiagnosis?

A misdiagnosis does not necessarily mean you have been a victim of medical malpractice. The law cannot make medical providers be right all the time. However, it does require that the medical provider's action meet a standard of care as well as what a reasonable medical provider would do in the same situation.

What is normally included in a settlement for medical malpractice?

The law varies from state to state as to the damages that can be awarded for medical malpractice. However, most commonly include past, present, and future medical expenses for treatment of the injury. You may be able to include other financial damages such as lost wages. Additionally, in some states you may be able to seek compensation for pain and suffering. To learn more about medical malpractice case and other legal matters, it is important to discuss your case with skilled Phoenix auto accident attorneys, Phoenix product liability lawyers, Phoenix motorcycle accident lawyers, Phoenix wrongful death lawyers, or Phoenix personal injury lawyers.

Auto Accident Statistics

February 03, 2009 @ 04:55 PM — by admin
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With the number of cars on the highways and byways of the United States increasing in large numbers every year, automobile accidents are a common sight. Every year more and more people die or are seriously injured in automobile accidents.

Alarming Statistics

Every year in the United States more than 3 million people are injured in automobile accidents, with more than 2 million of these injuries resulting in some type of permanent disability or death. More than 6 million car accidents occur in the United States every year. Every 14 seconds in the United States a car accident with injuries occurs.

Fatal Automobile Accident Statistics

There are more than 40,000 car accident-related deaths each year in the U.S. The large number of fatalities have actually been on a decrease in the past few years, largely in part to mandatory seatbelt laws. Most of the car accidents every year could have been prevented if people drove more responsibly. Almost 40% of car accidents that result in death are because of drunk drivers. Approximately 30% of all automobile accidents resulting in death occur because one of the drivers was going over the speed limit. Roughly 33% of car accident fatalities are caused by reckless drivers. Every 12 seconds in the United States one person dies because of a car accident.

Common Causes

Other than drunk driving, reckless driving, and speeding, many car accidents occur because the driver was distracted with by talking to a passenger, talking on their cell phone, or adjusting the radio. A large number of accidents also occur because a driver was eating or drinking.

Conclusion

With more than 6 million automobile accidents occurring in the United States every year, the chances of you being involved in an accident are very high. It’s important that you drive responsibly and exercise care and caution while driving. Pay attention to what is around you and don’t let yourself become distracted by your passengers, or cell phone call. If you have to take or make a cell phone call, pull off the road and stop. You could save your life, or the life of someone else. If you’ve been injured in an automobile accident or a loved one has been killed due to injuries sustained in a car accident, you should contact qualified personal injury lawyers in Phoenix to see if you are eligible for the many forms of compensation available in a court of law. If you have lot a loved one in a motorcycle accident or truck accident, your lawyer will assist you in filing a wrongful death lawsuit.

How a Personal Injury Attorney Can Help You

December 19, 2008 @ 10:37 PM — by admin
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When you or a loved one has been injured as a result of another party's negligence or inaction, it is important for you to seek out legal counsel as soon as possible. Before the statute of limitations runs out, it is important for you to contact a personal injury lawyer for information on how to proceed with a claim.

Why is it important to get a personal injury attorney?

It is of the utmost importance to speak with personal injury lawyers if you or a loved has suffered a serious injury as a result of the negligent actions of another person or party. Should you suffer and injury, you may lose wages, incur expensive medical bills and rehabilitation or therapy bills, experience damaged property, or lost future earning potential if your injuries are severe. A personal injury attorney will assist you in collecting damages in such cases and will help ensure your rights are represented.

What kinds of damages can I collect in a personal injury case?

In a personal injury case, you can collect damages to cover medical bills, legal fees, rehabilitation costs, and property damage. These types of damages are called compensatory damages as they compensate you for your loss. Punitive damages, however, are not related to actual losses experienced by the injured victim and his or her family. Punitive damages are sought in order to punish those who have caused the injury in order to ensure than similar actions do not occur in the future. If, for example, the defective design of an auto manufacturer causes serious injuries, the attorney may seek punitive damages to ensure the same mistake is not repeated by the auto manufacturer on future models. To learn more about personal injury claims such as auto accident litigation, medical malpractice lawsuits, product liability claims, or slip and fall accident claims, we encourage you to speak with our personal injury lawyers in Phoenix, Arizona today.

What is Personal Injury?

December 03, 2008 @ 03:34 PM — by admin
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"Personal injury" is a broad legal term used to describe all claims resulting in physical or psychological harm to plaintiffs; either through the action, inaction, or negligence of the accused. Some personal injury claims may also include property damage, but most concern bodily harm, illness, or death that are caused by another person, persons, or even a corporation such as a hospital or auto manufacturer.

Personal Injury Liability

In a personal injury case, there are three basic ways a defendant may be found accountable for injuries or damages suffered by the plaintiff: negligence, intentional harm, and absolute liability. Negligence can account for such minor errors as the failure to address a broken taillight that led to collision, to the more severe transgression of a doctor's negligence to perform potentially life-saving treatments or tests. Intentional harm is slightly more clear-cut, as it refers to fully-conscious malicious actions, such as abuse or physical violence. In cases of absolute (or strict) liability, the defendant is responsible for damages regardless of his or her intent. An example of absolute liability may occur when a pet attacks a victim, regardless of that pet owners' intent to harm or not harm the victim.

Advice for Victims

If you or someone you love has suffered harm as a result of another party’s actions, inaction, or negligence, it is in your best interests to contact a personal injury lawyer. Personal injury laws are complex and often change, and after an injury to you or a loved one you may wish to reserve your energy for healing and planning your future. An experienced lawyer can guide you through the legal process and help you recover the full compensation to which you are entitled, enabling you to move on with your life. If you or someone you care about has been involved in an auto accident, motorcycle accident, or truck accident, it is important to speak with an attorney. Our team of personal injury lawyers in Phoenix can assist you.

Important Statistics on Truck Accidents

December 03, 2008 @ 03:24 PM — by admin
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Some of the larger trucks on our roads can measure up to 75 feet in length, and carry a weight of more than 80,000 pounds. Consequently, when smaller, private vehicles are involved in collisions with these enormous trucks the results can be severe injury or even death to drivers and passengers. Most truck drivers are well-trained in the safest way to load and operate their vehicles, but deadly trucking accidents still occur. By becoming familiar with these statistics regarding trucking accidents, drivers may be more aware of the trucks around them and how to best protect their safety and that of their passengers.
  • Many drivers may be surprised that more than 75% of accidents involving large trucks can be attributed to error on the part of the driver of the smaller vehicle involved.
  • 12% if all traffic-related deaths in the United States occur in truck collisions.
  • There are more than 500,000 truck accidents a year in the United States alone, leading to roughly 5,000 fatalities.
  • 68% of truck accidents occur in rural areas, and more than 78% of fatal truck accidents happen on the weekends.
  • Truck driver fatigue may account for up to 30% of truck accidents in the United States.
  • Large trucks are more likely to be involved in multiple-vehicle crashes than smaller cars.
While it is impossible to avoid many accidents, knowing where and where trucking accidents are most likely to occur helps drivers to protect their safety when sharing the roads with trucks. Remember, it is much easier for you to see a large truck than it is for the truck driver to see smaller vehicles. Always give trucks a wide berth and stay alert to any potentially dangerous situations. If you or someone you care about has suffered harm after a trucking accident, you are advised to contact a lawyer who specializes in this field to ensure that you recover just compensation for damages. If you've lost a loved one in a truck accident, the lawyer will help you obtain compensation for your loss in a wrongful death lawsuit. Personal injury lawyers at our Phoenix law firm can help you recover damages for your losses.

What is Medical Malpractice?

October 08, 2008 @ 03:52 PM — by admin
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Medical malpractice is a term that is commonly used, but often misunderstood. What follows is an explanation of what medical malpractice law covers and how it may apply to you. Medical malpractice occurs when a health care provider commits an act of negligence during the care of their patients. This act can be a physical act which affects the patient's body (such as a mistake resulting in a birth injury), an act of omission by failing to provide the patient with pertinent information, or lying about said information. In the United States, in order for medical malpractice to be duly established, the plaintiff (patient) must be able to establish proof against the defendant (the health care provider) that is based on four main criteria. These four criteria must be established in order to prove that medical malpractice was present and that the provider was negligent in care. The four main criteria for establishing negligence and medical malpractice are:
  • A duty was owed to the patient - Whenever a patient receives treatment from a health care provider, a duty legal duty exists between the patient and the provider.
  • The duty owed was breached - When the health care provider does not perform to the necessary standard of care, the legal duty between patient and provider is breached.
  • The breach of duty causes injury to the patient - The breach that occurs must be the cause of the injury to the patient for the provider to be deemed negligent.
  • The patient experiences damages - The breach must causes damages, either pecuniary or emotional, in order for the provider to be proven negligent of their duties.
If these four criteria are met, the patient has grounds for a medical malpractice lawsuit. This information will be taken to trial, so that the patient may receive compensation for the negligence they have suffered from their health care provider. If the a loved one dies as a result of a health care provider's negligence, it may be possible to bring about a wrongful death lawsuit. If anything, it is important to speak with our personal injury lawyers in Phoenix, Arizona to discuss your case.

About Wrongful Death Law

September 16, 2008 @ 04:16 PM — by admin
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If a person dies because of the conduct of another person(s) or company, the family can file a wrongful death lawsuit against the people or company responsible for the death. The death can be either intentional or unintentional in nature. For example, if the person who died was hit in the head or other part of the body during a fight or an accident, and that person died as a result of that injury, it would be an intentional act that caused the death.  If the death occurred as a result of a car accident, truck accident, or motorcycle accident, that would be unintentional. Wrongful death laws do not apply to an unborn child. According to the law, the baby does not have any legal status.  However, if the child was born alive and died due to an injury that happened before it was born, or during delivery as a result of a birth injury, it may be possible to file a wrongful death lawsuit.

Who Can File a Wrongful Death Lawsuit?

Generally the spouse and children can file a wrongful death lawsuit, but laws vary from state to state.  Some states will allow distant relatives such as grandparents to file a wrongful death lawsuit. There is also a certain amount of time a person has to file a wrongful death suit. This is called the statute of limitations and it varies from state to state. Once the time limit has passed the family cannot file a wrongful death suit.

What are the Damages in a Wrongful Death Lawsuit?

Each state has different laws as to the amount of money that can be awarded in a wrongful death case.  Compensatory damages could allow you to be reimbursed for all the medical expenses and funeral expenses, as well as financial support the family would have gotten had the person who died lived. In some cases compensatory damages will be awarded to compensate you for your grief, loss of companionship, etc. In some states punitive damages are allowed. Punitive damages are designed to punish the person who caused the death. Some states limit the amount of damages you can be awarded in a wrongful death case. So it is important to hire a reputable attorney who understands wrongful death laws and can fight in court to get you all the money you and your family deserves.