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Questions Answered by Freddy Saavedra
1 Answer | Asked in Civil Litigation for Arizona on
Q: What do the new tiers mean 10 interrogatories, 10 request for admissions mean. Is it the amount asked in the discovery?

The disclosure is no longer 40 interrogatories,25 request for admission and unlimted request for production of documents? I am confused by the numbers in front of the each discovery that can be requested.

Freddy Saavedra
Freddy Saavedra answered on Nov 14, 2019

The new civil rules in Arizona at 16 A.R.S. Rules of Civil Procedure, Rule 26 lay out the determinations for three different "tiers" of cases. These different tiers each have specific amounts of discovery allowed based on case complexity and the amount in controversy.

In terms of damages,...
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1 Answer | Asked in Civil Litigation for Arizona on
Q: I'm not sure how many I can ask or request.

(2) Tier 2. Each side in a Tier 2 case is permitted 15 total hours of fact witness depositions, 10 Rule 33 interrogatories, 10 Rule 34 requests for production, 10 Rule 36 requests for admission, and 180 days in which to complete discovery.

Freddy Saavedra
Freddy Saavedra answered on Nov 12, 2019

The new civil rules in Arizona have different discovery limits applicable to new cases based on complexity/damages. 16 A.R.S. Rules of Civil Procedure, Rule 26.2 lays out the various case characteristics for cases from Tier 1-3. You really need to determine which tier your case falls into and then... Read more »

3 Answers | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: I got injured on the job 30ft fall. I’m on workman’s Comp. Is there a case for not supplying safety equipment.

Broke foot, pelvis, arm, L4&5, and dislocated shoulder. Company didn’t offer safety harness. Which they have implemented now after my accident. Also concerned about my future that I might not be able to return to the position and future pain and surgery and loss of mobility.

Freddy Saavedra
Freddy Saavedra answered on Oct 15, 2019

To address your first question, in Arizona an injured employee who is receiving worker's compensation benefits is normally barred from bringing a personal injury claim against his employer. While it is possible for said employee to bring a lawsuit against his employer, these lawsuits are very rare... Read more »

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2 Answers | Asked in Personal Injury and Landlord - Tenant for Arizona on
Q: How do l find case law on a stair slip and fall onto rocks. The landlord failed clear property from hazardous materials.

The landlord was on notice by the Country club home owners association l find out by asking for rental agreement. A letter was in the file and l assume there is an agreement.

Freddy Saavedra
Freddy Saavedra answered on Oct 5, 2019

Hello, it appears that you are searching for case law to support a claim for premise liability stemming from a slip and fall injury on stairs. I do not know if you will be able to obtain case law specific to the facts of the current situation, but there is existing case law which addresses when a... Read more »

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1 Answer | Asked in Personal Injury, Workers' Compensation and Employment Law for Arizona on
Q: If you are injured on the job by a third party, & you sue the atfault party, can workers comp Take Your settlement money

I was involved in a Roll over car accident at work. I was not at fault, a drunk driver ran a red light and hit me. I was taken to icu and hospitalized for 6 months and I home care for 3 months, workers compensation paid my medical bills. I sued the at-fault driver with a personal injury lawyer and... Read more »

Freddy Saavedra
Freddy Saavedra answered on Dec 10, 2018

In a third party claim a worker's compensation carrier retains the right to be reimbursed for costs expended. While the medical bills will be covered by worker's compensation insurance they will expect to recoup their expenses and tend to be inflexible. Based on the scenario described it appears... Read more »

2 Answers | Asked in Car Accidents, Personal Injury and Civil Litigation for Arizona on
Q: I was an injured passenger in an accident where the other driver was drunk. Our lawyer says we must join our case. Why?

The drunk driver was at fault. My 5 yr. old and I were both injured. I was told the policy was for only 30 thou and we were only going to be compensated "a few grand".

Freddy Saavedra
Freddy Saavedra answered on Dec 10, 2018

Based on the scenario described the three of you are victims of of the same drunk driver. It would make sense to join the cases in this scenario, as opposed to a scenario where liability was disputed between the driver of your vehicle and the other adverse driver. That being said, I don't know that... Read more »

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