Do You Need an Injury Attorney in Arizona?
The Arizona personal injury attorneys at Zanes Law have represented thousands of clients in personal injury lawsuits who are seeking compensation.
Regardless of whether the injury is minor or major, victims are always going to be concerned about their own well-being. Dealing with an injury can be frustrating and could keep a victim out of work, or simply keep a victim from enjoying their life. Zanes Law has Arizona personal injury attorneys who work diligently to limit this frustration.
We Serve all of Arizona
and Practice the Following Case Types.
PERSONAL INJURY ATTORNEY PHOENIX, ARIZONA & TUCSON, ARIZONA
If you have been injured do to the negligence of someone else, you are probably asking yourself “Do I need to hire a Phoenix personal injury lawyer or a Tucson personal injury lawyer?” The answer is probably yes. This is because you probably have lots of questions and are not sure what to do next. Suffering any injury, whether it is a minor injury or a sever injury, leaves you in pain, confused, and wanting to be made whole again. The pain from your injury is now making it difficult to work, it is making to difficult to perform the basic household duties that you have to do, and it is making it difficult to simply enjoy your life. The stress from this is only compounded by having to worry about how you are going to pay your bills and how you are going to pay for the medical care that you will need to recover. Most importantly, you are now worried about whether you will ever fully recover from your injuries or will you never be the same again.
The Phoenix personal injury attorneys at Zanes Law have helped thousands of injured clients on their personal injury cases. Zanes Law also offices in Tucson, Arizona that are completely staffed with our Tucson personal injury lawyers. Our personal injury lawyers throughout Arizona are highly experienced and have helped clients recover over $100,000,000 in our first thirteen years of helping injured clients. Our Tucson and Phoenix personal injury lawyers know how to navigate all aspects of your personal injury case, most importantly the medical end of it.
The Zanes Law personal injury lawyers represent injured victims in the Phoenix, Scottsdale, Mesa, Glendale, Chandler, Gilbert, and Tucson Arizona areas. If you have been injured in an accident, making the at-fault party compensate you shouldn’t be another burden for you or your family to deal with.
At Zanes Law, our personal injury attorneys have successfully represented clients who have been injured in many types of claims, including: car accidents, trucking accidents, bicycle accidents, motorcycle accidents, wrongful death claims, slip and fall accidents, construction accidents, dog bites cases, workers compensation claims, burn injuries, and class action cases and mass tort claims.
WHAT SHOULD YOU KNOW AFTER BEING IN A CAR ACCIDENT?
If you or a loved one has been involved in an automobile accident, the experienced auto accident attorneys at Zanes Law would like to discuss your case with you immediately. As injury lawyers we see car crash victims wait too long before seeking our help and the following problems are created: important case evidence becomes impossible to acquire, witnesses become impossible to reach, and insurance companies are in a more advantageous position when it comes to fighting you. At Zanes Law, we exclusively handle personal injury claims, car accident claims, and wrongful death claims.
Once we accept your automobile accident injury claim, we immediately begin working to obtain the maximum compensation allowed by law. In order to accomplish this we will:
- Conduct a thorough investigation
- Acquire all available evidence needed to prove and maximize your claim
- Work with auto accident reconstruction experts to prove that the other party is at fault
- Utilize medical experts to support your claim for the full extent of your injuries
The types of damages that can be recovered in an auto accident case
Zanes Law is one of the largest and most successful personal injury law firms in Arizona and our lawyers are excellent and experienced. We are a car accident law firm with a long track record of obtaining great results for our clients. If you have been injured in a car accident you are entitled to the following types of damages:
- Medical Costs: You may recover the medical expenses you incur in treating your injuries. These costs may include bills incurred for treatment by hospitals, physicians, emergency rooms, ambulances and paramedics, chiropractors, and physical therapists, and the cost of any needed medical devices. The cost of anticipated future medical costs may be recovered as well
- Pain and Suffering, Disability, and Mental and Emotional Distress: You may recover damages for physical pain, disfigurement and discomfort, disability from engaging in work or recreational activities, any type of mental or emotional distress or trauma you suffer as a result of the accident, such as fear, anxiety, grief, shock, PTSD, loss of dignity, loss of enjoyment of life, and embarrassment or humiliation caused by your scars, disabilities, or other aspects of your injuries. In some circumstances, you can recover damages for emotional distress and mental suffering even if you were not physically injured.
- Loss of Earnings and Earning Capacity: You can recover damages for the amount of money you would have earned between the time of your injury and the settlement or judgment. You can recover damages for lost earning capacity if your ability to earn money has been impaired.
- Loss of Consortium: If you are married or in a domestic partnership, you may recover for the loss of the benefits of married or domestic partnered life to your spouse or partner caused by your injury.
- Property Damage: You can recover the value of your property that was damaged in the accident.
- Other Economic and Out of Pocket Costs: In addition to the economic costs associated with the items described above, you may recover damages for other economic harm and out of pocket expenses.
WHAT SHOULD YOU DO AFTER AN INJURY?
What you do after an injury will have the biggest impact on your personal injury claim. Your choices will either positively impact or negatively impact your ability to get compensated after being injured by someone else who was negligent. To be successful on your injury claim you will need proper documentation of the accident, the accident facts, the witnesses and their contact information. Unfortunately, without alerting the authorities, the validity of your claim and injuries can be questioned. Here are some things you should after an accident. First and foremost, it’s crucial you write down as much about the accident as possible. If you have a cell phone, we recommend taking pictures of the surroundings so you can document what happened. Pictures are valuable because they can be used in court, as evidence. Take as many pictures of the injuries you’ve suffered, in addition to the scene of the accident. The more evidence you have, the stronger your claim is. Also write down the date, the weather, the location, and anything else specific that might be asked of you later. Talk to the witnesses at the scene of the accident and have a witness to corroborate your story to the police at the scene of the accident. It is extremely important that you have all of the contact information of all witnesses who can support your version of the accident facts. That needed witness information includes their full name, physical address, telephone number (home, cell, and work), and an email address.
Take as many pictures, notes, and recordings of conversations as possible. After you’ve secured all of this, we recommend you speak to a personal injury attorney as soon as possible. First, you should get medical attention. When you get medical attention immediately after an accident, it established a track record of your injuries – which proves the injuries happened as a result of the accident.
Do you need to hire a Personal Injury Attorney?
Insurance companies have been handling personal injury claims since the insurance industry was established. They are extremely sophisticated and understand exactly what needs to be done in order to successfully fight your injury claim. Insurance companies are not in business to pay out on personal injury claims. They are in the business of collecting insurance premiums and then denying the personal injury claims that are made. Their goal is to hinder, limit, and deny, your claim and give you as little money as possible. When you speak to them without an attorney, you have no leverage, and are at a potential disadvantage. Without a proper understanding of the law, you may find it difficult to compel them to play fair. Most victims don’t know the law, and don’t know enough to file a personal injury claim on their own due to a lack of knowledge and/or understanding. In many instances the injured victims do not understand that real value of their personal injury claim. At Zanes Law our injury attorneys make sure that our clients never settle their claims for less than the full injury claim value. We fight for every dime of each clients future/past medical bills to be covered, future/past lost wages to be covered as a part of the final settlement/verdict. Our personal injury attorneys will advise you about your rights and tell you what you may be entitled to as a result of your injuries. As a part of your case we will always do a full investigation of the accident in order to secure all of the evidence needed to prove your case.
When you hire Zanes Law to represent you on yor personal injury claim it is likely an insurance company will take you – and your claim – more seriously. Our injury lawyers have earned that reputation and the insurance companies know that we are willing to go to court if necessary.
What if my injury was minor?
Many injuries can be minor, at first, and then escalate. Many people avoid getting treatment, or hiring an attorney, because they think their injuries are minor. Then, later, the injuries get worse, and so too does the pain. Many injuries have symptoms masked, due to a rush of adrenaline. As the adrenaline in your body wears off, the symptoms from the injury start appearing. You start feeling the pain, and noticing the injuries. It’s crucial you get medical attention so that you can make sure your ok. Afterwards, it could be beneficial to speak to an attorney to understand what you may be entitled to.
We Handle Most Injury Claims
At Zanes Law in both our Tucson and Phoenix offices, our personal injury attorneys handle all injury cases. Some of the more frequent types of injury cases that we encounter are listed below.
Car Accidents: There were 103,423 motor vehicle crashes in Arizona in 2011. These were not just car accidents, but included all accidents involving a motor vehicle. Of these accidents, 754 involved deaths and 33,030 involved an injury of some sort. Furthermore, in 2015 approximately 2.45 people were killed each day in Arizona and, statistically, one person was killed approximately every 9 hours. In addition, 146 people were injured each day in Arizona due to car accidents, which means that someone was injured in a car accident about every ten minutes.
There are many factors that can contribute to care accidents, but most are caused by driver error. Regardless of when, where, or how the accident happened, our personal injury attorneys are happy to assist you. Over the years we have represented clients who were riding their bike when they were struck by a car, we have helped clients who were pedestrians who were hit by a car, and we have certainly represented clients who were in or on another motor vehicle when they were involved in an accident.
Pedestrian Accidents: Pedestrians are often hit by cars when walking on the street or crossing the street. By law, pedestrians have the right of way in almost every instance. The motorist who disregarded your safety is likely in violation of state code, and liable for whatever damages you, or your family member, have suffered. The reality is that when a pedestrian is struck by a car, he often suffers catastrophic injuries. Many pedestrians often assume that the car accident was their fault and don’t look into hiring a personal injury law firm. We recommend you speak to us, so we can conduct a complete investigation into the accident and determine what your options are.
Slip and Fall Accidents: A “slip and fall” commonly refers to a slip and resulting fall due to a dangerous or hazardous condition on someone else’s property. Property owners have a duty to maintain a safe environment for those who are on their property. People can fall as a result of ice or snow on the sidewalk, water on the floor, as well as inconsistencies in flooring material, poor lighting, or hard to see gaps or holes in the ground. Until they are hurt, most people do not realize that slip and fall injuries can be serious or life-threatening, especially for small children and seniors. Falls are the leading cause of spinal cord and brain injury.
If you slip, or fall, and are injured – as a result of inadequate – or unsafe, property conditions – then we may be able to help because we have personal injury attorneys in both our Tucson and Phoenix offices who are experienced in handling slip and fall injury cases. We’ll conduct an investigation into the property and put together a personal injury claim that shows the property owner was irresponsible, and failed to maintain safe conditions. Our goal is to get you as much compensation as possible.
Construction Accidents: We all know that construction sites are very dangerous for the men and women who earn their living in the construction industry. Each new day presents a host of situations that exposes these workers to danger and puts them at risk for an injury. The construction accident attorneys at Zanes Law Injury Lawyers know that even with strict construction safety guidelines and OSHA regulations, skilled workers on construction sites remain at risk for injury due to inherently dangerous conditions and companies who cut corners when it comes to jobsite safety. We appreciate the physical and financial impact an injury can have on a construction worker when they have a family to support and are unable to work. If you were injured on a construction site, our attorneys will take the necessary steps to protect all of your legal rights for the fullest possible recovery for you.
Premise Accidents: We encourage you to call and speak with one of our attorneys if you are injured while on someone else’s premise, no matter how the injury happened. Our personal injury lawyers have handled premise based assault cases, shooting cases, crime victim cases, and security cases (just to name a few), and we will always provide you with a free consultation so that we can evaluate and investigate your injury claim.
Defective Products: Manufacturers are obligated to create safe products. It sounds simple, but often manufacturers fail to live up to this expectation. Often, consumers become collateral damage due to unsafe products. We encourage you to contact us, in order to help understand if you have a potential case.
Truck Accidents: Truck accidents can be complex and frequently involve multiple parties including: trucking companies, drivers, logistic companies and corporate product manufacturers and distributors. Zanes Law has experienced truck accident attorneys and have a proven track record of obtaining maximum compensation for people injured in collisions involving all types of trucks. Our team has accident investigators and reconstructionist that can be deployed to the scene of an accident to begin building a case for you. When cases involve significant damages and fatalities, we have a network of expert witnesses such as economists and life care planners to assist in educating a judge and jury about the impact of the collision on our clients.
Truck accidents pose special issues because handling this kind of case requires particular skills. However, drivers of semi-trucks aren’t always prepared to climb behind the wheel. Thus, most tractor-trailer accidents happen because of driver carelessness.
The following list outlines a few ways that truck drivers can cause accidents
- Speeding. The Federal Motor Carrier Safety Administration (FMCSA) has noted that 1 in 5 truck accident fatalities is due to speeding. Through inattention or because they are hurried to get to their delivery point, truck drivers often go over posted speed limits. The results can be deadly.
- Exhaustion. Truck drivers have demanding schedules and face pressures to transport their loads quickly across long distances. Though the FMCSA regulates the hours that a driver can be on the road, the limits are still quite high. A tired truck driver may not be alert enough to prevent an accident.
- Improper Loading. Trucks that are overloaded or loaded in a way that puts more weight on one side can cause a big rig to jack-knife or roll over. The truck’s tires may also blow causing the driver to lose control.
- Drug Use. To stay awake and alert, many truck drivers use stimulants and illegal drugs. These drugs are responsible for many deadly crashes each year.
Motorcycle Accidents: As a motorcyclist injured in an accident, you may face an uphill battle with insurance companies to recover compensation for your medical bills, property damage and lost income. The aggressive motorcycle accident attorneys at Zanes Law Injury Lawyers appreciate the obstacles standing between a person injured in a motorcycle accident and getting the compensation that you are entitled to under the law. We have both Tucson and Phoenix personal injury lawyers who are ready to get to work on your behalf and are ready to address any questions you have about your rights and the claims process.
Bicycle Accidents: Our personal injury lawyers have spent over a decade holding negligent drivers responsible when their acts cause an accident with a bicyclist. At Zanes Law our injury attorneys have successfully prosecuted claims and lawsuits on behalf of cyclists who have been injured or killed in Tucson, Phoenix, and across Arizona. After establishing that a driver’s conduct caused an accident, we then turn to demonstrating our client’s injuries are fully established to an adjuster at an insurance company or jury hearing evidence in a bicycle accident lawsuit. As an injured bicyclist you can take comfort in the fact that our firm has successfully represented hundreds of injured bicyclists in almost every conceivable fact pattern.
Dangerous Drugs: The most promising pharmaceutical drugs may arrive to a very receptive market place as they offer hope of pain relief or a higher quality of life for patients who may have a chronic condition or disease. While many of these medical advancements are truly revolutionary, others do little more than add to the problems a patient may have been suffering from originally. At Zanes Law our lawyers know how devastating medical complications can be after a patient has put their trust into a drug that was offered alleviate a debilitating condition and are committed to holding these companies fully responsible.
Defective Medical Devices: When a defective or dangerous medical device is created and marketed, it may have disastrous consequences for the people it was designed to help. In recent years, we have witnessed devices such as: surgical implants, surgical equipment, hospital equipment, diagnostic tools, prosthetic devices and other medical appliances rushed to market without the necessary testing performed by the manufacturer to ensure that the product is safe. The personal injury lawyers at Zanes Law are committed to consumer safety and are at the forefront when it comes to litigation involving defective and recalled medical devices that cause harm.
Wrongful Death Claims: Personal injury accidents can affect our lives in many ways. Sometimes the only result from an accident is a relatively small injury, like a broken bone that heals in a couple months. But other accidents have long-term effects. The worst consequence of an accident is when someone loses his or her life. Life-ending accidents can happen in a car crash, slip and fall, because of a defective product, or in many other scenarios when someone acts negligently. When this happens, a wrongful death lawsuit can earn compensation for the surviving family members.
When someone dies in an accident, that person’s surviving relatives can bring a wrongful death claim for the losses that they have suffered because of the death. Compensation can include economic damages like the loss of financial support because the victim passed away and can’t bring in money for the family. Non-economic damages include the loss of the person’s companionship, love, and training.
Another type of claim is called a survivorship claim. This is brought on the behalf of the deceased person for the losses suffered after the accident while the person was still alive. Damages can include expenses like transportation to the hospital, bills for medical treatment, and lost income while the person was in the hospital. If a wrongful death lawyer is successful in bringing the survivorship claim, then the award belongs to the deceased’s estate and is distributed according to the person’s will or under the state’s intestate succession laws. If you have lost a loved one in an accident, speak with a wrongful death attorney immediately. Your attorney will be able to review your case and determine the strength of your wrongful death lawsuit.
Personal Injury: If you or a family member have suffered an injury through no fault of your own, we can help you on your injury claim. Although you may be unsure of the underlying cause or responsible parties, we work each day to investigate these claims and to identify the responsible parties. As an established Arizona personal injury law firm with offices in Tucson and Phoenix, we have handled a very diverse range of accident cases throughout Arizona and are ready to help in the investigation and prosecution your serious injury case. Zanes Law is unique in that we have attorneys and investigators who are available to talk with you and begin the investigation of your accident immediately. Our hands-on approach to accident cases ensures that the unique aspects of your case get the needed attention in order to maximize the value for you. When you are speaking with personal injury lawyers about your case, please consider the following information as part of you evaluation:
- When you have been hurt by someone’s careless actions, a lawyer can help you win compensation from the responsible party. However, not all lawyers are equally qualified to take on your case. It is important to choose an attorney who has years of experience handling personal injury cases.
- Your personal injury attorney should also specialize in your type of case. For example, if you have been in a car accident, you should retain a lawyer who has handled matters like yours.
- It is critical that your personal injury lawyer has a record of winning. If an attorney has a long history of earning compensation for their clients, this indicates that they will know the steps to take to make sure that your case is successful. The most successful attorneys work with other experts to build the most compelling case for compensation. Lawyers often work closely with investigators and evidence experts who gather evidence at the scene of the accident and recreate the event that caused you to be hurt. This can be extremely useful when your attorney presents information to a jury or during settlement discussions.
- One of the most important characteristics of great personal injury attorneys is a commitment to the client’s best interests. This trait should be evident from the minute the lawyer first receives the call that you have been hurt. Your attorney should immediately set up a meeting to review your case. The attorneys at The Reeves Law Group will meet with you at any hour of the day and will travel to you if you are too hurt to come to one of our offices. We review your case for free and advance all costs of your case. You don’t pay until we win you compensation. This is part of the firm’s philosophy. We practice personal injury law because we are committed to protecting the rights of accident victims.
Arizona Personal Injury Laws
Statute of Limitations Rules for Personal Injury Cases in Arizona
A personal injury case in Arizona is a legal dispute. It arises when one person is injured in an accident and someone else is legally responsible for that injury and the damages that the injured person incurs. A personal injury case usually begins as a claim against the at fault party and is formalized through a lawsuit filed in civil court. The purpose of which is to find someone legally at fault through a court judgment. The vast majority of personal injury claims are resolved through an informal settlement before a lawsuit is ever needed. Below is a list of some Arizona laws that the personal injury lawyers at Zanes Law commonly use:
Statute of Limitations – Injury to Person-Two Years (ARS § 12-542)
Limits on Damages – Prohibited (Article 2, Section 31 Arizona State Const.)
Other Limits – Comparative Fault System (ARS § 12-2501)
Notice of Accident – Required (ARS § 28-666)
Arizona Auto Insurance – Mandatory (ARS § 28-4009)
Negligence – Pure Comparative Negligence (ARS § 12-2505)
Wrongful Death – Liability (ARS § 12-611)
Product Liability – Liability (ARS § 12-551)
Premises Liability – Injuries Resulting from Condition of Property (Premises Liability Instruction No. 1, RAJI (5th))
If you have been injured in an accident, consult with an attorney to learn more about the applicable statute of limitations that could apply to your injury or wrongful death case.
Arizona Minimum Insurance Requirements
The law in Arizona has created what is know as a traditional “tort” vehicle insurance model. Under the Arizona personal injury model, a person who is injured in a motor vehicle accident has the following options available to them in order to recover compensation for their injuries. They may file a claim with their own auto insurance company, file a claim with the at-fault driver’s auto insurance company, or file a personal injury lawsuit against the at-fault driver.
Insurance is extremely important because it protects a person, or entity, from extreme financial loss due to an accident. Under ARS § 28-4009, drivers must carry liability insurance with at least the following amounts of coverage:
- $15,000 per person for bodily injury or death
- $30,000 per accident for two or more persons’ injuries or death, and
- $10,000 for property damage or destruction
The insurance amounts for bodily injury or death liability cover costs if you are involved in an accident and you are considered to be at fault. Additionally, the property damage amount pays for the damage or destruction caused to someone else’s property.
In Arizona, underinsured liability coverage and uninsured liability coverage are not mandatory. However, ARS § 20-259.01 requires that every insurer writing an automobile liability or motor vehicle liability policy offer, in writing, uninsured and underinsured coverage to their insureds in an amount equal to the insured’s liability coverage. If the insureds reject this coverage, insurers must prove compliance with the statute by having their insureds sign a Department of Insurance (“DOI”) approved form selecting or rejecting such coverage.
Arizona Healthcare Provider Liens and Insurance Reimbursement
An extremely complicated area of law that is part of every Arizona personal injury case is healthcare provider liens and health insurance reimbursement. In Arizona, virtually every major hospital and healthcare provider automatically files healthcare provider liens with the appropriate County Recorder’s Office when they have treated a patient for car accident related injuries. This is typically done even when the health care provider bills the patient’s health insurance for their treatment. This is called a “balance bill lien.”
Healthcare liens are governed by ARS § 33-931 through ARS § 33-936. The statutes essentially provide a mechanism for healthcare providers to impose a lien against an injured person’s third party personal injury claim. This remedy however, is limited.
These accident related “balance bill liens” do not attach to anything other than the recovery that an injured person receives from their personal injury claim, and it only has to be paid if the injured person recovers monies from their personal injury claim.
Our personal injury attorneys at Zanes Law spend a great deal of time both fighting health provider liens outright and negotiating the claimed lien amounts. Our lawyers are very good at getting these liens waived and reduced in order to put more money in our client’s pocket. Our lawyers also have great success fighting health insurance carriers on the subrogation/reimbursement claims. Once again, this issue is complicated as well. Just because your health insurance company claims it’s owed money doesn’t always make it so.
Where Do Accident Victims File Personal Injury Cases in Arizona?
Accident victims file their personal injury or wrongful death case in either state or federal court.
State Court System
Maricopa County Superior Court: Most Phoenix-based personal injury cases start in Maricopa County Superior Court. The general jurisdiction court is the Superior Court of Arizona, a statewide trial court. It is a single entity with locations in each county. Each county has at least one superior court judge. In counties with more than one superior court judge, the judges operate in numbered divisions. The superior court acts as an appellate court for justice and municipal courts.
Arizona Court of Appeals, Division 1: Arizona appellate courts have jurisdiction to review trials and decisions appealed to them. Arizona has two appellate courts: the court of appeals is the intermediate appellate court and the Supreme Court is the court of last resort. The court of appeals has two divisions: Division One in Phoenix (16 judges) and Division Two in Tucson (six judges). The court of appeals hears and decides cases in three judge panels, has jurisdiction in all matters properly appealed from the superior court and reviews all decisions properly appealed to it. Most appeals come from the superior court, except for death penalty appeals and some cases involving elected officials and disputes between counties, which go directly to the Supreme Court. After a case concludes (or before then in special circumstances), the losing party may appeal to the Arizona state appellate court.
Arizona Supreme Court: To appeal a decision from the court of appeals, the appellant must file a Petition for Review requesting a Supreme Court hearing. The Supreme Court judges, known as justices, evaluate the petitions for review and decide whether they will review the case. Unlike the court of appeals, the Supreme Court is not required to hear every appeal.
In order for a case to successfully go to trial in Arizona, the plaintiff’s attorney must:
State Court System
- File a Complaint with the clerk of the court stating the reasons why the plaintiff is suing the defendant, and what action the plaintiff wants the court to take.
- State whether the case is eligible for arbitration according to court rule. If the parties agree to arbitration, they are agreeing to meet with an impartial third party before going to trial, where they will discuss the issues in dispute and accept the arbiter’s decision.
- Serve a copy of the complaint and a summons on the defendant(s).
- Participate in the discovery & motions process.
- When the discovery process is complete, the case is tried before a jury or a judge.
- The judge makes a decision, or the jury gives its verdict, based on the testimony and other evidence presented during trial. The Arizona Constitution and ARS § 21-102 state that a civil jury shall consist of eight persons, and the concurrence of all but two shall be necessary to render a verdict.
- The losing party may appeal the decision to the next higher level of the court
To find an Arizona court in your county click here.
Federal Court System
In some cases, residents of Arizona also have the option of filing their personal injury case in federal court. The United States District Court for the District of Arizona is the federal court for Arizona and is part of the Ninth Circuit. There are court locations in Phoenix, Tucson, Yuma, Flagstaff and Prescott.
If you file in federal court your case would initially be filed in district court. A district judge will hear the case and a jury will decide the case. Unlike state court, a federal court jury may range from six to twelve members and unless the parties stipulate otherwise, the verdict must be unanimous.
A court of appeals hears challenges to district court decisions from courts located within its circuit, as well as appeals from decisions of federal administrative agencies. There are 13 appellate courts that sit below the U.S. Supreme Court. The appeals courts consist of three judges and do not use a jury.
The Supreme Court is the highest court in the United States. The Supreme Court hears cases appealed from lower federal courts, cases that are appealed from state supreme courts and cases between state governments.
In order to have a viable claim in federal court, the court must have jurisdiction to hear the matter. A federal court has jurisdiction over a matter if there is a federal question or if it is a diversity of citizenship case. Diversity of citizenship cases empower the federal court to hear controversies between parties who are citizens of different states. To have a viable diversity of citizenship case the following must be met:
- The amount in controversy must exceed the value of $75,000, and
- The parties in the case must be citizens of different states.
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Burn injuries tend to be severe and leave permanent scarring.
Examples: Hot liquid, flammable clothing (Halloween products), contact burns from electronic equipment, house fires, and much more.
Class Action and Mass Torts
Class Action Lawsuits:
Class action suits fall under mass torts as a general type of injury. Typically, when an individual person has suffered damages, but those damages are not large enough alone to justify legal action, a class action suit can be used if there are many other people who have been harmed in this same way. Simply put, when your claim is compiled with other individuals who have suffered the same or similar damages, a claim can be brought that often involves hundreds, sometime thousands, of people.
Examples: Employee Class Actions, Environmental Disaster Class Actions, and Manipulative Business Practices.
Mass Tort Lawsuits:
While class action suits involve a few thousand people and are generally confined to a specific geographical location, mass torts involve tens of thousands of people across the country.
Examples: Defective Products, Pharmaceutical Drugs, and Medical Devices
While class action cases are generally “normal” legal cases, mass torts are inherently very complex and are handled differently in the legal world.
When injured at a construction site, the victims claim can be complex because there are many different parties involved such as: (1) the general contractor who is in charge of the entire site, (2) sub-contractors (plumber, electrical), (3) local governments and/or property owners, etc.
These accidents require extensive investigation and often will involve a workers compensation claim as well.
Nursing Home Abuse
Nursing home abuse is when a loved one is abused emotionally and/or physically, or neglected at a nursing home.
Emotionally- Your loved one may be noticeably upset more often, withdrawn, or not being as communicative. These symptoms may be a sign of emotional abuse.
Physically- Sometimes the elderly are hit, pushed around, or physically abused in other ways. These symptoms are easier to spot due to bruising or physical injuries.
Neglect- Nursing home neglect includes failure to provide appropriate care to your loved one. Signs include- loss of weight, weak, dry lips, bed sores, and cracked skin (hydration issue), rashes, etc.
Workers’ compensation is a “no fault” system in which injured employees get medical and other benefits no matter who causes the job-related accident. If an illness or injury is related to a job, the injured worker may also receive permanent compensation benefits and training for a suitable job.
Work-related injuries have proven to be very difficult for victims. Not only must they recover from their injuries, but they also face time off work and potential job loss. Don’t let the stress of a work-related injury overwhelm you.
What to do after being injured at work in Arizona.
- Notify the employer of the injury because failing to report your claim quickly could result in the denial of your claim.
- Fill out an incident report with your employer.
- Seek medical treatment and advise the medical provider that the injury is work related.
- File a claim with the Industrial Commission of Arizona.
- Continue with your medical treatment as directed, remembering that you need an appointment at least every 30 days with an explanation of your current work abilities provided by the physician.
- For severe or catastrophic injuries, seek immediate medical treatment, and then follow the first five steps.
When a home is destroyed and the insurance company doesn’t want to pay the insured because of policy coverages. Example: Your home is destroyed in a hurricane, but your insurance carrier refuses to pay claiming that a flood destroyed your home, but floods are not covered in your insurance policy. However, your home was actually destroyed by the hurricane winds, not flood waters.
This information is still being collected. Please check back soon.