What should I do if I've been injured in an auto accident?
Being in an accident is frighting and confusing. The first thing anyone should do is seek medical attention for any urgent injuries. Next, contact the police. Take down the other driver’s information, such as name, license number, license plate, and vehicle make and model. Document everything you can about the accident, with photos if possible, including injuries, both vehicles, and the road where the accident happened. Contact your insurance company and a lawyer if you think you might need to file a claim. Under no circumstances should you admit fault for the accident to the other driver or the police.
How is fault determined in Arizona for auto accidents?
Arizona uses a “comparative fault” system, which means that courts will factor in the relative responsibility of all parties for an accident using a percentage-based system. This means that they may find one person bears 60% of the responsibility for the accident, while the other was 40% responsible. Accordingly, the individual with 40% responsibility would only be entitled to 60% of the normal compensation they would otherwise receive.
If I'm injured by a truck, can I sue the trucking company?
The answer likely depends on the nature of the truck driver’s relationship to the company. If the driver is a full employee of the company, you may be entitled to compensation directly from the company. If the truck driver is an independent contractor, as many are, it will probably more difficult.
What kinds of behaviors can constitute negligence on behalf of a truck driver?
Truck drivers often face pressure to cover a certain number of miles per day which can lead to long hours and unsafe behaviors like going without sleep, watching TV, text, drinking, or drug use. If a driver has gone over the number of legally allowed hours, is intoxicated, speeding, or distracted, these would all constitute negligent behaviors.
What are the rights of nursing home residents?
Residents of nursing homes are entitled to have all essential items for their health and safety taken care of, such as necessary medical care, food, supervision, clothing, and more. They also have special abuse protections.
What's the difference between negligence and abuse in nursing homes?
There’s a lot of nuance that goes into this distinction, but, generally, negligence describes behaviors that unintentionally led to the harm of the resident either through action or inaction, while abuse describes behaviors undertaken to intentionally harm the resident.
The railroad company is offering to pay for some of the medical treatment for my workplace injury directly. Can I accept their payment?
No, it is important that you pay for all medical treatment related to your workplace injury through your healthcare plan. Taking payment from your employer could be seen as accepting a settlement and may negatively impact your ability to secure future compensation.
Will pursuing my FELA claim for an injury on the job hurt my employer?
A common tactic for employers facing workplace injury events is to make workers feel like they will be harming their workplace and coworkers. This is not the case. Getting justice for workplace injuries helps to create a safer work environment and hold negligent parties accountable.
What is the statute of limitations for medical malpractice in Arizona?
In Arizona, victims of medical malpractice have two years from the time they know or should have known that they were subjected to medical malpractice.
Can I just accept a settlement from the insurance company without a lawyer?
An insurance company’s first settlement offer will always be lower than what you are entitled to. Do not accept any offer for a medical malpractice settlement until speaking with an experienced attorney.