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May 2020

Posted On 05/29/20

Arizona Damage Caps

A key question by many plaintiffs during personal injury and wrongful death lawsuits is how much they may be able to obtain through their causes of action. Understanding the value of a damage award can be important for a family in planning its future. In some states, statutory damage caps limit the total amount of financial recovery a plaintiff could receive through a civil claim. In Arizona, however, no such cap exists. Damage caps are unconstitutional in the State of Arizona. What is a Damage Cap? A damage cap is a statutory limit on the amount of damages a claimant can receive. It is a law setting a maximum on...

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Posted On 05/25/20

What Is the Average Settlement for a Motorcycle Accident?

The Grand Canyon State is a popular destination for motorcyclists. Local and visiting motorcyclists from around the country take to Arizona’s roads, trails and canyons for joyrides. Thousands of others use motorcycles for their daily commutes. Unfortunately, many motorcyclists in Arizona get into accidents each year due to negligent drivers and roadway defects. In 2018, the Arizona Department of Transportation reported 2,738 crashes involving motorcycles – 150 of which were fatal. Many motorcyclists injured in accidents are eligible for compensation via insurance settlements. The value of that settlement can depend on several factors. How to File a Motorcycle Accident Claim Arizona is a fault-based auto insurance state. After a motorcycle...

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Posted On 05/22/20

Should I Sign a Medical Release for the Insurance Adjuster?

In the aftermath of a car accident, you may receive a phone call from someone with the title of insurance claims adjuster. An insurance adjuster is someone the at-fault driver’s carrier will assign to your car accident claim. The adjuster has the job of reviewing your claim and recommending to the insurance company whether or not to accept liability. It is important to tread carefully when dealing with an insurance adjuster. The adjuster may try many tactics to get you to settle for less than your case is worth. Why Do Insurance Adjusters Ask for Medical Release Forms? An insurance claims adjuster may ask you to sign a medical release...

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Posted On 05/18/20

Reckless Driving Accidents

Human error is behind most car accidents in the US. Drivers often make mistakes such as failing to pay attention to the road or following too closely. In some cases, however, a driver goes beyond simple negligence and into recklessness. A reckless driver is one who knowingly breaks the rules or drives dangerously with a wanton disregard for the safety of others. Reckless driving causes thousands of serious and fatal auto accidents annually. What is Reckless Driving? Most states have similar definitions of reckless driving. Arizona Revised Statute 28-693 gives the state’s definition of reckless driving as the operation of a vehicle in a reckless disregard for the safety of...

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Posted On 05/15/20

What Is the Difference Between Contributory Negligence and Comparative Negligence?

Negligence is the legal doctrine on which claimants base most personal injury lawsuits. It describes a party’s breach of duty of care in connection with the victim’s injury. Different states have passed different negligence laws. Some bar a victim from any recovery for contributing to an accident while others simply reduce the victim’s award. When questions of a victim’s possible contribution to an accident arise, a state will use either contributory negligence or comparative negligence laws. It is important to know which doctrine your state uses, as it could significantly impact your recovery. Contributory vs. Comparative Negligence The vast majority of states use comparative negligence laws, not contributory. In a...

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Posted On 05/12/20

April Product Recalls (2020)

Product recalls are important for the safety of consumers. They warn consumers when a manufacturer has discovered something wrong with an item, such as a manufacturing or design defect. The Consumer Product Safety Commission posts the latest recalls to protect people from defective products. If a defective or dangerously designed product injures you, contact a product liability lawyer in Phoenix for a free consultation. The manufacturing company may owe you compensation. General Injury Hazards Many types of items could pose general injury risks to consumers due to defects, from electrical equipment to ATVs. Keeping up with the list of recalled items could allow you to prevent an injury before it occurs....

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