Ask a Question

Get free answers to your Personal Injury legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Arizona Personal Injury Questions & Answers
2 Answers | Asked in Criminal Law and Personal Injury for Arizona on
Q: My son is 15 and a Freshman in high school and was beat up by a 20 year old senior. Is this assult?

They were playing basketball at school in the gym during lunch with no school officials present. The 20 year old elbowed my son pretty hard and they had words. The 20 year old told everyone that was around to leave then led my son into a hallway. He attempted to lock the door and wouldn't... View More

Peter N. Munsing
Peter N. Munsing
answered on May 3, 2017

It would be an assault anyway. Yes.

View More Answers

1 Answer | Asked in Personal Injury for Arizona on
Q: Can I recover damages that occurred because the business complex didn't maintain a public wood bench?

Premises Liability - I sat down on a wood bench outside a restaurant after lunch. I didn't notice the condition of the wood when I sat down and got hundreds of wood splintered in my shorts and backside when I scooted over to make room for someone else to sit. My shorts are ruined, I still... View More

Peter N. Munsing
Peter N. Munsing
answered on Apr 29, 2017

Contact a member of the Az Trial Lawyers Assn--they give free consults. They may tell you how to do it yourself in small claims.

1 Answer | Asked in Personal Injury for Arizona on
Q: If you are injured on a college campus can you sue the college?
Peter N. Munsing
Peter N. Munsing
answered on Apr 29, 2017

Depends what caused the injury. Short answer: yes.Contact a ember of the Az. Trial Lawyers Assn in the county where it happened.--they give free consults.

1 Answer | Asked in Family Law, Personal Injury, Child Custody and Civil Litigation for Arizona on
Q: How do I file a case to have confidential DCS case info released?

The Az state statute says if reports to child abuse hotline are made and found to be false that I can petition a superior court judge to do an in camera review of the information and decide if they can release the identity of whoever made the false reports to me. I'm positive my ex wife is... View More

Peter N. Munsing
Peter N. Munsing
answered on Feb 15, 2017

You should talk to the attorney who is representing you.Start by seeing if there are any regulations --probably DCS has some so start with that procedure.

1 Answer | Asked in Personal Injury for Arizona on
Q: I was driving a uhaul. Drunk driver plowed in the back of us. No insurance. I have uninsured policy. am I covered?

I was driving a uhaul. Drunk driver plowed in the back of us. No insurance. I have uninsured policy. But I received a reservation of right ms stating my uninsured policy will not cover. Because my auto weighs more than 12000 lbs. uhaul weighed 26000 plus. Is this true??

Peter N. Munsing
Peter N. Munsing
answered on Feb 14, 2017

You'd have to look at your policy. Also there may be coverage on the tuck. Why not contact a member of the Az Trial Lawyers Assn--they give free cosults.

1 Answer | Asked in Personal Injury and Animal / Dog Law for Arizona on
Q: My housekeeper picked up my small dog, dropped her and broke her leg. I'm now up to &10k in med expenses. Can I sue her?

The housekeeper had decided to pick up my 5 lb puppy because she's cute. She then subsequently dropped my puppy on the floor. She suffered a massive broken bone that has now required 2 surgeries approximating in$10k of bills.

Peter N. Munsing
Peter N. Munsing
answered on Feb 7, 2017

Well, you know how much your housekeeper makes. If you get a judgment can she pay it? If not then you just spent time, likely money, to get a piece of paper.

You would also have to show she's careless. If she can say she picked him up as she has done before, no problem, but the little...
View More

1 Answer | Asked in Criminal Law and Personal Injury for Arizona on
Q: What was the,age of the victim in case 042865 people vs. Dominic Lopez
Peter N. Munsing
Peter N. Munsing
answered on Feb 4, 2017

no one can tell you with that little information. Go the the courthouse and look it up if you can get the sentencing report. It may not be relevant to that particular proceeding.

2 Answers | Asked in Personal Injury, Real Estate Law, Tax Law and Landlord - Tenant for Arizona on
Q: Can I take a tax deduction of a huge loss of belongings from contamination of toxic black mold from an apartment?

Replacement value of my belongings is around 30 - $50,000. Possibly more. There was no insurance. I had my apartment tested, and it came back positive for mycotoxins. the management company would do nothing aside from sending a maintenance man to look stating it was just dust or dirt. This has... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 29, 2017

You should be able to. You need to itemize as much as possible--the more detail the better. May be good to consult a cpa.

View More Answers

1 Answer | Asked in Criminal Law, DUI / DWI, Family Law and Personal Injury for Arizona on
Q: 1)IS IT ILLEGAL TO REFUSE A BLOOD DRAW, ? 2)ESPEACIALLY WHEN YOU HAVENT EVEN PARTAKED IN ANY CRIME?

1)IS IT LEGAL TO DENY OR REFUSE MEDICAL ASSISTANCE SUCH AS THE PARAMEDICS WANTING TO ABDUCT ME AND GO TO THE E.R. ?

2)DOES IT MAKE ANY DIFFERENCE IF IM ON PRIVATE PROPERTY?

3)CAN I MAKE LIKE A TAG TO HANG AROUND MY NECK SERVING AS A ID TAG, STATING THAT I CHOSE TO NOT BE TAKEN TO... View More

Peter N. Munsing
Peter N. Munsing
answered on Jan 18, 2017

1. Depends on the state and the charge but generally you may refuse a blood test--but they can get a warrant;

2. No.

3. You can make whatever you want. However the ambulance can't be put in the position of making those decisions so they get to take you if you are unable to verbally direct them.

1 Answer | Asked in Personal Injury for Arizona on
Q: I was in a car accident. How do I get a copy of the police report?
Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Jan 12, 2017

It depends on the agency. If it was a Phoenix PD officer that wrote up the report, it will be available online. Other agencies require you to make requests via mail or in person. You may have to wait a few days after the accident before the report is available.

If you are seeking damages...
View More

1 Answer | Asked in Personal Injury and Criminal Law for Arizona on
Q: Homeless people keep trespassing in our yard. How much force can I use in defence of my home?

They jump two walls to do so. The first wall is brick only 4ft high and we don't own it. It's also next to a small strip of stores by the main road. The second wall is a old 7ft wood fence. I carry a shovel every time I confront somebody in my yard. Never had a gun pulled on me, but... View More

Peter N. Munsing
Peter N. Munsing
answered on Dec 15, 2016

You need to speak with your town police to find out. You are best off calling them when the person trespasses. If you confront the person you may only use force if attacked and even then it is graduated by what the trespasser is doing.

Another thought might be a dog if you like animals....
View More

1 Answer | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: Is it possible to sue my employer?

I do have an open workmans comp claim. Is it possible to still sue my employer if I can prove my employer engaged in intentional or egregious (flagrant or exceptionally bad) conduct? I can prove the employer's actions were deliberate and certain to result in my injuries. The proof being the... View More

Joel Friedman
Joel Friedman
answered on Dec 3, 2016

What you are describing may be gross negligence or even egregious conduct, but it probably does not meet the criteria for an intentional tort (e.g., your supervisor or a manager or principal-owner deliberately ran you over in a company vehicle because of a work dispute). There are VERY few... View More

2 Answers | Asked in Personal Injury for Arizona on
Q: My cousin was killed in a car accident. Can I sue in his name?
Mathew Auric
Mathew Auric
answered on Nov 29, 2016

Generally only the immediate family and estate of a deceased person can sue for wrongful death.

View More Answers

1 Answer | Asked in Personal Injury for Arizona on
Q: I was in a car accident and the other driver was at fault. I am considering hiring a lawyer.

What evidence should I try to collect to bring to my consult?

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Nov 5, 2016

Err on the side of bringing anything you think may be useful so an attorney can take a look. If you have the police report, bring that but if not bring the accident exchange you received on the scene and if you hire an attorney he or she can request the actual report. Also, bring any photos you... View More

1 Answer | Asked in Landlord - Tenant and Personal Injury for Arizona on
Q: My roommate moved out, the landlord released from liability. She left damage and unpaid bills. Do I have a claim?
Peter N. Munsing
Peter N. Munsing
answered on Oct 17, 2016

Yes. Not sure if/why she would be released from liability unless you are the only person on the lease.

1 Answer | Asked in Personal Injury, Medical Malpractice and Wrongful Death for Arizona on
Q: my attorney wants to drop my case because he doesn't have the money to continue. What can I do?

My attorney says he doesn't have the funds to continue the case. He says that the opposing firm have decided to spend him into the ground knowing that he can't afford to continue. What can I do? My mother was treated by a nurse that was not practicing within the scope of her training as a... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 29, 2016

He needs to get you time to do it. It verges on malpractice for him to take a case that from the getgo he knew he couldn't do (don't say that to him but.....he wants to get his rear out of hot water he needs to get you time. ) Talk to some members of the Az. Trial Lawyers Assn who handle... View More

1 Answer | Asked in Consumer Law, Contracts and Personal Injury for Arizona on
Q: how can i get the tow company to pay for the damage to my car?

my car was tow and the driver hook it up the wrong way, he is stating that my son told him to hook it up anyway he can so the

car gets off the street. my car is front wheel drive and now because of the way it was tow , i do not have reverse.

the owener fax me a statment that was... View More

Peter N. Munsing
Peter N. Munsing
answered on Sep 9, 2016

Contact a consumer attorney in your area of Arizona via www.naca.net

1 Answer | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: Personal injury lawyer

I hurt myself at work, so I filed with workmans comp, they excepted my case at first but closed my case after a second opinion from a doctor of there choice, W/C attorney says it's my word against theirs, can I hire a personal injury attorney for my case?

Peter N. Munsing
Peter N. Munsing
answered on Sep 6, 2016

Whenyou asay WC attorney was that someone you went to? If you mean the adjuster, they work for the company. Sometimes they will try to steer you in the right direction but they know who pays their check. Contact a member of the Az Trial Lawyers Assn who handles workers compensation--they give free... View More

1 Answer | Asked in Employment Law, Personal Injury and Workers' Compensation for Arizona on
Q: Management knowingly put my safety at risk in the work place. Can anything be done about it?
Peter N. Munsing
Peter N. Munsing
answered on Sep 7, 2016

You can file an OSHA report but that may give you bounce back at work. If you mean can you file an unsafe work practices case? Most states no. Workers comp is a law enacted to shield employers from claims, so the law doesn't give you much outside of it.

3 Answers | Asked in Car Accidents, Health Care Law and Personal Injury for Arizona on
Q: Can a hospital ask for reimbursement from a car accident settlement even if the health insurance company has paid?

If the health insurance company has paid off the hospital, can the hospital still ask for money from a car accident settlement in Arizona? I understand that health insurance companies work deals with hospitals to pay a lower price so with that being said, could the hospital still ask for more money... View More

Matthew Maerowitz
PREMIUM
Matthew Maerowitz
answered on Aug 15, 2016

If you had an attorney representing you on your bodily injury claim, your attorney is the one to talk to. This often gets resolved through the attorneys handling a personal injury case to make sure all liens are resolved when disbursing the settlement funds. In general, the hospital can ask for... View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.