Arizona Personal Injury Legal Questions

If the evidence establishes that the hotel was negligent in causing the damages your wife sustained, then she has a case against the hotel. Discuss with an attorney in the state of Arizona about contingency fee representation, which means she pays nothing unless she wins.     ... Read More

This case will probably be against a government agency. Most states limit the amount of fees an attorney can recover in suits against sovereign entities. This is why it's difficult to get counsel interested in it. You should contact the Arizona state bar and ask for them to refer you to a personal injury attorney preferably one who sued public entities. Act quickly because there are much shorter time periods/ statutes of limitations when filing a claim against the government. Good luck! ... Read More

The general rule is that when a plaintiff has chosen the jurisdiction for the action being filed, and assuming there are proper grounds for filing in that jurisdiction, i.e., the cause of action occurred there and/or that's where the defendant is domiciled, he has submitted himself as a plaintiff party to that jurisdiction, and, unless good cause can be shown to the court as to why you should not have to appear for a deposition in Arizona because you chose to move to another state after the action was filed, you will have to attend your depostion in Arizona. In most cases, the court will look at the relative hardship or burdens on each party in these situations, but absent some compelling reasons, it is likely that you will have to appear for your deposition in the jurisdiction in which youchose to file your action.... Read More

Unless you can identify someone that may be at fault for your injury (manufacturer of defective pruning saw, defective goggles, your employer, if you were doing this as part of your job and they failed to give you protective equipment, etc.),  you're almost certainly out of luck. An experienced PI attorney may help you go through the facts to determine whether someone may be liable.  For obvious reasons, you couldn't sue the tree for your injury-- as they say, money doesn't grow on trees. ... Read More

It is possible that you have an argument that the statute of limitations should be tolled, but you will have to find a lawyer in your state who is willing to research the issue. Off-hand, I do not know the answer to your question.  A statute of limitations is a law setting a time limit on legal action in certain cases. There are different statutes of limitations on different kinds of cases. For example, a breach of contract case often has a longer statute of limitations than a personal injury action. Complicating matters more is the fact that the statute of limitations in any cause of action is usually governed by state law, and different states have different time limitations. Click here for a website that provides a rough estimate of the statute of limitations in all 50 states for common causes of action. Note that this website advises that these limitations periods are merely rough estimates. You should contact a local attorney (one in your state) who can tell  you whether these estimates are correct. In medical malpractice cases, circumstances sometimes justify allowing cases to be filed after the statute of limitations expired. For example, if a surgeon leaves behind an instrument during a surgery and a  patient only discovers the foreign object after the limitations period has expired, most states have a common law exception to the statute of limitations that would allow a plaintiff to file a lawsuit that would otherwise be out of time. Finally, statutes of limitations usually incorporate exceptions that extend the limitations period for minors and people who are incapacitated. If you think that you may have a viable products liability case, you should contact a local medical malpractice attorney (one in your state).  They take these cases on a contingency basis which means you only have to pay if you succeed.  Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys.  Then, visit each attorney's website and look for a firm that has a record of successful verdicts.  Click here for more information about me. Click here for more information about my firm. Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com  Skype: john_ratkowitz Web: www.starrgern.com.... Read More

Based on the facts you state, it is virtually impossible that the inured party could obtain a Judgment against you over your $100K insurance policy.  Talk to your insurance carrier and they will handle the claim by appointing and paying for counsel if necessary.  You do not need to worry about this claim.... Read More

Arizona law uses a "comparative fault" analysis to determine how much each party is at fault in an accident.  If the insurer is found by an arbitrator Judge or jury to be 80% at fault and your ar 20% at fault, then you will be awarded 80% of your damages (monetary compensation) against the insurer.  For example, if your claim is worth $10,000.00, then you would receive $8,000.00.  These numbers are simply a hypothetical illustration.  Your claim may differ greatly in value, depending on the facts of your clam and the injuries you sustained.... Read More