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Arizona Personal Injury Questions & Answers
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...
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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 attorney at... 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 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 »

2 Answers | Asked in Insurance Defense and Personal Injury for Arizona on
Q: A car crashed into me by turning around in an intersection while i was behind him, how do i get his insurance to pay?
Matthew Maerowitz
Matthew Maerowitz answered on Jun 7, 2019

Typically it takes gathering all the relevant information including the crash report. It is rarely advisable to do this alone. You should at least call an attorney over the phone and request a free consultation. If it is a meaningful accident and you were injured, you will likely want to hire an... Read more »

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1 Answer | Asked in Civil Litigation, Personal Injury, Products Liability and Wrongful Death for Arizona on
Q: When States sue drug companies, do they make money from it.

My son was in the Army and got hurt and had to have his whole left hip replaced. Because he was on so many pain meds he lost his life. Can I receive money from these law suits and from all the pain of losing my son and what he had do indure. Gary Phillips flyboyof3@yahoo.com

Peter N. Munsing
Peter N. Munsing answered on May 23, 2019

First please ask Justia to take down your email address. You'll get all types of unwanted attention.

Second, as to your question, you need to contact the person at the Attorney General's office to see if they are filing on behalf of the state or on behalf of people in your son's situation,...
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1 Answer | Asked in Car Accidents, Personal Injury and Banking for Arizona on
Q: My son was hit by a car when 7 i settled out of court for a secured cd account for when he turned 18

At first settlement was for 3,000 when he turned 18 he got 4,000 plus i guess he says the intrest was 250. Or around there he claims for the ten or elen years it sat in bank he should of recieved thousands more from intrest he says i robed him and was wronged was he wronged by bank or is this how... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 10, 2019

It sounds like you acted with the best of intentions in handling the award. From your description, it looks like you may have settled the case yourself. Even if an attorney was involved in handling the award under an infant comp order, it's hard to say if they would have done better with a more... Read more »

1 Answer | Asked in Personal Injury and Medical Malpractice for Arizona on
Q: During Endometriosis surgery the dr. Knicked a hole in my daughters urethra tube.

My daughter went in for an outpatient surgery for endometriosis while taking the tissue out the dr. made a hole in the urethra tube. So they had to put a stent in it she spent 3 days in the hospital with a catheter and a drain in her side and in excruciating pain . And has to go back in to have... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jan 23, 2019

First, while it's fresh on your memory jot down what happened when, etc. Then focus on her getting well. She may need to see doctors and you don't want a potential doctor getting worried that they will be "dragged into" a medical case, nor do you want your daughter to be viewed by the medical... Read more »

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".

David Alan Wolf
David Alan Wolf answered on Dec 7, 2018

The situation as you outlined may be the outcome. From a practical standpoint, the recovery on a case is typically limited to the insurance proceeds. You should sit down with your attorney to discuss your legal rights as well as the best practical approach to proceed forward with the case. You... Read more »

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2 Answers | Asked in Car Accidents and Personal Injury for Arizona on
Q: What do u do i was hit in cross walk ... driver for me into her car and dropped me off after going to the bank no cops

I was in shock ....gavr me get phone number and a few dollars and left...I'm traumatized and I know she wasn't paying attention she said it her self

Tim Akpinar
Tim Akpinar answered on Oct 19, 2018

If you were injured, you could check with an Arizona attorney what your options are. From the facts given, it doesn’t appear that you got the plate number. Police were not called. If there were any traffic cameras at the crosswalk, an attorney might be able to look into how long their data was... Read more »

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1 Answer | Asked in Personal Injury, Civil Rights, Gov & Administrative Law and Probate for Arizona on
Q: My dad was murdered in his living room in lake havasu city, az 3nov2017. His killer "turned himself in" who can help me?

The murderer, after killing my dad, stole my dads gun, 1 of 2 weapons used in the crime, as well as my dads wallet, cellphone, keys, & truck, all recovered from the killers possession at the time of incarceration. He was initially arrested in la paz county, where he turned to law enforcement for... Read more »

Peter H. Westby
Peter H. Westby answered on Sep 12, 2018

I recommend that you contact an Arizona probate attorney to advise you and answer your questions. There are many details that need to be handled and your attorney can help you get started.

2 Answers | Asked in Personal Injury for Arizona on
Q: I already have sciatica, but my accident made it worse - can I still make a claim if it's a preexisting condition?
Matthew Maerowitz
Matthew Maerowitz answered on Aug 31, 2018

Yes, ordinarily you can recover if the accident made a pre-existing condition worse. You would want a medical opinion saying so as well.

You should consider contacting a personal injury attorney for a free consultation to be able to discuss your case in more detail.

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1 Answer | Asked in Personal Injury and Car Accidents for Arizona on
Q: My son was rear ended and not at fault, but he has no insurance. Anything we can do?
Matthew Maerowitz
Matthew Maerowitz answered on Jul 27, 2018

Hopefully your son is okay! The good news is that in Arizona, he can still recover from the at-fault party even if he was not insured. If he was insured but the at fault party was not insured, then you can still recover with the likelihood depending on whether your son has uninsured motorist... Read more »

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