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Arizona Personal Injury Questions & Answers
1 Answer | Asked in Personal Injury for Arizona on
Q: Should I get a lawyer?

Slipped and fell from oil outside of a QuikTrip gas station parking lot

Mr. William A Sand
Mr. William A Sand answered on Mar 3, 2021

Premises liability cases, like most negligence cases, have two major components: Liability and Damages. Both need to be proved by a preponderance of the evidence in order to prevail. Let's break them down:

Liability: This has to do with whether or not the defendant/wrongdoer/tortfeasor...
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1 Answer | Asked in Personal Injury and Products Liability for Arizona on
Q: I was prescribed the nootropic Risperdal as a teenager and subsequently developed gynecomastia. Is it too late to sue?

I was told by an endocrinologist that the gynecomastia was likely caused the nootropic I was prescribed.

I really don’t care about the money, I just want to be able to afford the surgery so I can be comfortable in my own skin again.

Thanks for your help!

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

It depends on the law of the state where you live. If you have a "discovery date" it can be extended. If you were under 18 when you took it, most states give you until you are 21.

I would contact the Arizona Trial Lawyers Assn and ask for attorneys who handle pharmaceutical...
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1 Answer | Asked in Personal Injury for Arizona on
Q: Statute, law would apply to Retail Store Premises Injury? Metal Security door fell, hit me in the head,

I was hit in the head by a metal security door frame at Home Depot. Doctors said I have a closed head injury/TBI. Their security chains were not in place. The insurance company dragged this out and now my 2 year mark is coming up on Friday. I am trying to submit a summons/civil complaint to keep my... Read more »

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

I do not know Arizona law, and this should not be taken as legal advice but I would generally suggest you 1)go to the town where the Home Depot is and see what names it is registered under for the Certificate of Occupancy, and get that address.

2) Go to your county law library right now....
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1 Answer | Asked in Medical Malpractice and Personal Injury for Arizona on
Q: Hello, my father had a hernia malpractice case going which was near to the end of reaching settlement. He passed away

Recently and my mother could not find any information about this case as it was through email and we can’t get access to his phone. Is there a way to figure out who was on this case? Thankyou!!!

Tim Akpinar
Tim Akpinar answered on Jan 28, 2021

I'm sorry for the loss of your father. An Arizona attorney could advise best, but your question remains open for two weeks. As a GENERAL matter in any jurisdiction, you might try checking the local court systems to see if they have any online records (if the matter had been placed into suit).... Read more »

1 Answer | Asked in Personal Injury and Workers' Compensation for Arizona on
Q: 3 Employees are driving to work in a company truck. A Lady ran a red light causing injuries to 3 employees-Workers Comp?

3 Employees were commuting to work in a Company Vehicle. These employees did not stop for any work related errands. They were headed to work from their Hotel. Another Driver made a left turn on a Red Light causing a collision with injuries. Does the company have to file a workers comp. claim. The... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 23, 2021

An Arizona attorney could advise best here, but your question remains open for two weeks. As for the personal injury attributes of the accident, those would be handled as third-party injury claims in most any jurisdiction. But from what you describe, it sounds like there really isn't a... Read more »

1 Answer | Asked in Personal Injury, Civil Rights and Collections for Arizona on
Q: I had a lawyer in a civil case and there was a settlement to be paid. He was paid. Should he follow up to retrieve money

So they had two years to pay the settlement and after that it would accrue interest. My lawyer was already paid and I was told when two years came if we needed we would go back to court. It’s been 13 yrs I contact the office a few times over the yrs and at one point told I wouldn’t have to pay... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 29, 2020

Depending on the facts of the underlying case, this could be something that an Arizona or Massachusetts attorney could advise best on. But your post remains open for two weeks. It isn't fully clear what happened here that has you waiting for the funds of your award. If your lawyer recommended... Read more »

1 Answer | Asked in Personal Injury and Car Accidents for Arizona on
Q: How do I go about fixing my car after a hit and run?

I was involved in a hit and run about a year ago I was able to get the license plate and make a report to the police. I never followed up because I moved states and lost the documents, I’m back in Arizona now and where the damages that were caused during the hit and run are now causing my vehicle... Read more »

Tim Akpinar
Tim Akpinar answered on Sep 25, 2020

An Arizona attorney could advise best, but your question remains open for a week. You could try that, but issues may arise as to notice - with either carrier. The general premise, regardless of jurisdiction, is that an insurance carrier needs notice within a reasonable time to investigate claims.... Read more »

1 Answer | Asked in Personal Injury for Arizona on
Q: I slipped and fell on some water at the casino. An insurance claim has been filed, but I need legal help

I am dealing with several symptoms and injuries. The insurance adjuster is supposed to call me within a day or two. I need to pursue this matter, but don't know how.

Tyler Young
Tyler Young answered on Sep 25, 2020

You need an attorney immediately. Time is critical to your claims. Often casinos have videos of incidents that they don't save unless they're provided with a properly worded "preservation letter." Most lay people cannot do this alone. Without video evidence of your fall on... Read more »

1 Answer | Asked in Personal Injury and Contracts for Arizona on
Q: Thousand dollars down to hold a truck and the guy died two days later and never made it back they won’t refund
Tim Akpinar
Tim Akpinar answered on Sep 19, 2020

Since your post remains open for a while, at this point you could consider checking with an Arizona attorney if this is something the person(s) appointed to handle the estate would handle - but if it was a matter of cash exchanged over a handshake, there might not be any record of it. Good luck... Read more »

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 »

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