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Arizona Personal Injury Questions & Answers
1 Answer | Asked in Employment Law, Personal Injury, Employment Discrimination and Libel & Slander for Arizona on
Q: year100% loyal every payday,week late.job searching he found out got fired.group workchatsaved times on phone.checkshold

every employee on job group chAt. when to come in, every where my checks from every employee there , numerous numerous times.every im losing my place,bills ,food texts from over 20 employee..i lost my apartment,and everything else after also texts for help .. personal damages are in play.

Tim Akpinar
Tim Akpinar answered on Jun 29, 2020

I'm sorry your post remains open for four weeks. There are a number of categories here and it isn't clear if things in the various categories are related to one another. The most central one appears to be employment-related. At this point, you could contact an employment attorney to see... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Arizona on
Q: Pedestrian ran into side of my moving car and is suing me. Does he have a case?

I was driving and had a green light and as I was crossing the intersection a pedestrian ran into the side of my car. His lawyers are saying the police report is not a reliable source since they were only able to interview me. There is traffic cameras in that intersection that show I did not run a... Read more »

Tyler Young
Tyler Young answered on Jun 11, 2020

This is why you carry auto insurance; to cover your defense of this action and potentially settle this claim. Don't get too worried, just make sure your insurer doesn't allow your personal assets to be exposed. You should ask your lawyer the best way to do that.

Police reports...
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1 Answer | Asked in Personal Injury for Arizona on
Q: Is it illegal for a 16 year old to fight a 13 year old?
Tim Akpinar
Tim Akpinar answered on May 26, 2020

Your question is more fundamentally related to criminal law and juvenile law than personal injury. You could repost in those categories and an Arizona attorney familiar with those areas of law could advise you if they pick up your question. But aside from that, this is something you should NOT do.... Read more »

1 Answer | Asked in Personal Injury, Health Care Law, Medical Malpractice and Wrongful Death for Arizona on
Q: Can I represent myself in a Civil case for emotional distress? No luck with any lawyers.

Hello,

On May 2019 I became my father's Medical Power of Attorney. I provided a copy to the hospital were he was in. On June 8, 2019 my father was transferred to Intensive care unit. My father had decided to be a full code because he has other children that live 3-5 hours away and he... Read more »

Tim Akpinar
Tim Akpinar answered on May 16, 2020

I'm very sorry for your loss. A person could generally represent themselves in any given tort matter. Whether such a case would be viable could be another matter. I'm sorry for the anxiety that this matter has caused you, but these situations with DNRs and other directives do arise in... Read more »

1 Answer | Asked in Personal Injury, Workers' Compensation, Civil Rights and Health Care Law for Arizona on
Q: My dad was forced to go to a meeting, can he sue his company?

My dad's company recently held a meeting and forced all their employees to attend. No one in the room was wearing a mask or practiced social distancing, and the company have been negligent since the start of the Covid-19 pandemic in their regard for the safety of their employees. They are a... Read more »

Joel Friedman
Joel Friedman answered on May 14, 2020

Thank you for posting your question here. The issue you present is going to be common I suspect, and from my perspective as a workers' compensation (WC) attorney (I do not practice in any of the other three areas mentioned in the post) I think it is going to be difficult to qualify for... Read more »

1 Answer | Asked in Personal Injury for Arizona on
Q: If someone is doing work in your house (tiling the floor) and gets hurt during the job, can he sue the owner of house?
Tim Akpinar
Tim Akpinar answered on Apr 23, 2020

They could. But in such cases, insurance carriers issuing the homeowner policies generally argue that the injury would fall under workers' comp. But each situation could be unique. If an injury was due to a defect, negligence, or some element in the control of the homeowner, a court could find... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Arizona on
Q: I had surgery a year ago on my breast, pain ever since, only to find out a drain tube was left in. What do I do next?

I had breast surgery, post op I literally felt a tube in my left breast. I told the dr multiple times that information, asking him to palpate it, and he refused. He said it was just inflammation and refused to palpate it. He said it may take up to a year for the inflammation to go down.

A... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 16, 2020

I'm sorry for your ordeal. Your best course of action would be to contact medical malpractice attorneys in Arizona to discuss your matter. Attorneys in this field generally work on a contingency basis. That means a plaintiff does not pay attorney fees unless there is a successful verdict or... Read more »

3 Answers | Asked in Personal Injury for Arizona on
Q: I am being sued for 50k personal injury for car accident I was not involved in-occurred in another state. What do I do?

I was served with a summons yesterday to appear regarding a personal injury claim. Apparently about one year ago someone rear-ended a man in OR, and he is suing me for 40k in non-economic damages and 9.5k in medical expenses. I live in AZ and was not in the state of OR last year. My credit card... Read more »

Tyler Young
Tyler Young answered on Apr 4, 2020

Report the claim to your insurance company immediately. They will pay for a lawyer for you to defend the claim and to answer the complaint. If you truly weren't in this wreck, then the lawyer from the insurance company should be able to get the claim dismissed fairly quickly. Fear not... Read more »

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1 Answer | Asked in Criminal Law, Personal Injury and Car Accidents for Arizona on
Q: I was stopped, waiting to turn left out of a small mall plaza in SE Arizona.

A half dozen cars were turning left into the mall. One took aim at the front of my truck and kept smashing through until her entire side was damaged, instead of stopping on impact. Two teen girls were watching. My truck was not drive-able. She pulled over 200 feet into the mall lot and never got... Read more »

Stewart Salwin
Stewart Salwin answered on Mar 3, 2020

There is no legal mechanism for an individual to initiate criminal charges. In this sense, there is no such thing as "pressing charges." A victim may only agree to cooperate with the law enforcement agency. For charges to be initiated you would have to convince the police to file a... Read more »

1 Answer | Asked in Personal Injury for Arizona on
Q: I bought chicken and it caught fire in the microwave while following the microwave instructions. Can I sue for this?
Tim Akpinar
Tim Akpinar answered on Mar 1, 2020

'Not likely, unless there were damages beyond having to clean out a microwave or replace it. You could consult with an Arizona attorney to learn if they see things differently. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury for Arizona on
Q: Is it necessary to file motion to compel before filing for spoliation in a P.I. case?

I was assaulted by a hospital employee. The hospital sent two (2 and 5 min.) videos instead of the full sec. camera vid. . The videos they sent are obviously fabricated (they say they were created using software right on them and have green screens on them). Now, after months of waiting (I asked... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 25, 2020

As opposed to attorneys here who do not have any information on your file, your attorney is the one who has overseen the case up until this point, and has the benefit of seeing available evidence, and anticipating what evidence might still be forthcoming. One way to assess the situation could be to... Read more »

1 Answer | Asked in Criminal Law, Family Law, Personal Injury and Juvenile Law for Arizona on
Q: I have a dcs case in arizona and it's super complicated...

I gave birth at home. It was planned, my second all natural birth. She came at 37 weeks just like my previous daughter. She was pink she cried she nursed she pooped. We went to sleep when I awoke she was not breathing. Called 911. Was told at hospital she had died. Then I was held in the room where... Read more »

Mike Branum
Mike Branum answered on Jan 14, 2020

First, I cannot imagine what you are going through. I wish you the strength to weather this storm, the patience to deal with the government bureaucracies, and the resiliency of spirit to bounce back from this ordeal when you reach the other side.

Unfortunately, unless you can afford an...
Read more »

1 Answer | Asked in Car Accidents and Personal Injury for Arizona on
Q: Do I need a lawyer I rear-ended 2 other cars on the freeway?
Peter N. Munsing
Peter N. Munsing answered on Dec 18, 2019

You report it to your insurance and let them handle it. DO NOT DISCUSS THE CLAIM with any callers. Take their information, give them the adjuster assigned to your claim, the claim number for your insurance, and the contact number. Take their information and give it to the adjuster. STOP THERE>

1 Answer | Asked in Personal Injury for Arizona on
Q: What evidence is needed to prove that a concussion occurred from an mva? Do I have to get an MRI or a CT scan?

Is there any test other than one done by a neurologist that will prove I have a concussion?

Tim Akpinar
Tim Akpinar answered on Dec 15, 2019

It would generally be based on patient symptoms and physician findings. MRIs and CTs are admissible as evidence. But such diagnostic imaging studies are not the call of an attorney; they are the call of the treating physician, based on symptoms. That is something your physician would decide. Here... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law, Personal Injury and Social Security for Arizona on
Q: I am without gainful employment with an unnoticed permanent total disability of a traumatic brain injury can I get help

Due to an industrial commission stipulation agreement the state of Arizona's benefits have been denied due to a false interpretation of the disability

Tim Akpinar
Tim Akpinar answered on Dec 7, 2019

I'm sorry for the impact this injury has had upon your life. You chose categories that make sense for injury/disability. But you mention the Industrial Commission of Arizona. If this involves an injury that occurred in the course of your employment, and you had a workers' compensation... 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... 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 for Arizona on
Q: My 31 year old grandson is in TMC ICU and is paralyzed from infected spine. Can you sue the VA Hospital for negligence?
Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

Yes. You would want to contact a member of the Arizona Trial Lawyers Assn that handles medical malpractice. If you aren't sure give me a call and I can help you find one that will give you a free consultation.

1 Answer | Asked in Consumer Law and Personal Injury for Arizona on
Q: I had a lithium ion battery catch on fire in my house. Fire department identified it as the source of the fire.

Fire happened in the middle of the night on my night stand. Fire department came out and identified the battery pack as the heat source. I started to file a claim with my home owners insurance. It looks like the claim will be around 20k for clean up, replacing burt items, hospital costs (2nd degree... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 14, 2019

Consult with a personal injury/product liability attorney if you want to explore the basis for a claim based on a defective product theory. If based on your injuries, you do pursue that route, do not sign any further property damage-related releases before having your attorney review them, as they... Read more »

1 Answer | Asked in Consumer Law, Small Claims and Personal Injury for Arizona on
Q: I had a lithium ion battery catch on fire in my house. Fire department identified it as the source of the fire.

Fire happened in the middle of the night on my night stand. Fire department came out and identified the battery pack as the heat source. I started to file a claim with my home owners insurance. It looks like the claim will be around 20k for clean up, replacing burt items, hospital costs (2nd degree... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 7, 2019

I hope you are recovering from your second degree burns. What you describe here could possibly be the basis for a product liability cause of action. To learn if that might be the case, you could arrange a brief consultation with a product liability attorney in Arizona (it looks like that is where... Read more »

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