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Personal Injury

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 05/15/20

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 04/29/20

What Is a Letter of Representation?

The Letter of Representation to an insurance carrier is a formal notice a personal injury attorney sends to the insurance company involved in the accident claim. It tells the insurance carrier the lawyer will be taking over the claim on behalf of the claimant. It is a brief letter that states the lawyer’s needs. When you hire a lawyer, he or she will take care of the Letter of Representation for you at the start of your case. Why You Need Legal Representation A personal injury insurance claim can be confusing. It is a detailed process with dozens of specific rules, expectations and requirements. The insurance company receiving your claim...

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Posted On 03/23/20

How to Prove You Are Not at Fault in a Car Accident

Arizona is a fault-based car insurance state. This is a traditional system in which the party at fault for causing the car accident will have to pay for victims’ damages. The at-fault driver will compensate people he or she injured through negligence or recklessness. It is important to prove it if you did not cause a car accident in Arizona. Otherwise, your insurance company may end up paying for damages you were not responsible for – leading to an increase in your insurance premiums. You could also end up as the defendant in a civil action, potentially paying out of pocket for an accident you did not cause. A lawyer...

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Posted On 02/19/20

How Long Does the Insurance Company Have to Respond to a Demand Letter?

After you file a demand letter, it can seem like the hardest part of your settlement is over. Waiting for an insurance company to respond, however, can be difficult while you are also dealing with lost wages and medical bills. Luckily, state law enforces time limits by which insurance companies must respond to demand letters in Arizona. If the insurance company takes too long, you may be able to file a bad faith claim to move things along. Average Response Time: 30 Days Different states have different laws for insurance company response times. Some states do not have a requirement at all. In Arizona, Administrative Code R20-6-801 states that an...

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Posted On 12/30/19

Arizona Sinkholes

A sinkhole is a dangerous natural disaster in which the surface land suddenly collapses from the dissolution of underlying rocks and subsurface. Sinkholes often appear without warning, opening a hole in the ground that may have been forming for months or years. A sinkhole can swallow up homes and vehicles, as well as cause life-changing personal injuries and deaths. Sinkholes are relatively uncommon in Arizona, but they can happen. Learning about what causes sinkholes, how to respond to injuries and who might be responsible can help a victim move forward after this disaster. How Do Sinkholes Happen? Most sinkholes start as natural ground depressions. Rainwater has no way to drain...

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