Arizona Personal Injury Blog

 WHAT IS A WRONGFUL DEATH ACTION?

A wrongful death action is brought against a negligent person, business, or government agency that caused an accident that led to a person’s death. The wrongful death claim provides compensation to the survivors of a loved one who lost their life because someone else was negligent.  

Wrongful death claims can result from motor vehicle or boating accidents, medical malpractice, accidents on the construction site or at work, defective products, and other accidents which result in death of a person.

The person bringing the wrongful death claim takes the place of the deceased and brings an action against the negligent party, just as the deceased would have done had they lived.

The law recognizes that the negligent person’s (or entity’s) liability extends past the death of the deceased. This is the principle that allows a survivor to make a claim for wrongful death when a loved one has died because of the negligence of another.

When bringing a wrongful death claim in Arizona, consideration must be given to three factors:

1. Who can bring a wrongful death claim

2. The time available (the “statute of limitations”) to bring the action

3. The kinds of damages that can be compensated

WHO CAN BRING A WRONGFUL DEATH ACTION?

Claims for wrongful death are controlled by statute in Arizona. A surviving spouse, a child, the parent or  guardian, or a representative for the deceased (someone appointed by the state of Arizona) may bring an action. Even though a brother or sister may have suffered emotionally or financially because of the death of a loved one, under Arizona law a sibling may not file a wrongful death action.

 Only one person is allowed to bring a wrongful death action. If there is more than one claim, the claims are consolidated and the person bringing the claim must act in good faith and distribute any settlement between the other beneficiaries.

HOW MUCH TIME IS AVAILABLE TO FILE A WRONGFUL DEATH CLAIM?

 In most cases, a wrongful death claim must be brought within two years of the date of death. Keep in mind that it takes time to prepare and file paperwork properly. Waiting until the last day before the statute of limitations expires to contact an attorney is a sure way to forfeit your right to ever bring a claim!

In other cases, such as where a government entity has caused the accident or workman’s compensation is involved, a wrongful death claim must be brought within one year. If the person bringing the claim is a minor or is mentally incompetent, the statute of limitations may run longer.

The best thing to do is to contact an experienced wrongful death attorney who can help you file your claim within the time allowed by law.

TYPES OF DAMAGES THAT CAN RECEIVE COMPENSATION

1. The loss of care, protection, guidance, companionship, love, and affection now and in the future, caused by the loss of the loved one.

2. The pain, grief, sorrow, anguish, mental suffering, shock, and stress experienced now and likely to be experienced in the future.

3. The income and services lost now and in the future, because of the death of the loved one.

4. Reasonable expenses for funeral and burial, if the beneficiaries have already paid these expenses or are likely to in the future.

5. Reasonable expenses for medical care related to the fatal injuries.

OTHER FACTORS IN A WRONGFUL DEATH CLAIM

1. Jury awards are made based on what the jury thinks is fair under the circumstances. Juries are allowed to consider the character of the deceased, the quality of their relationships with the beneficiaries, how the deceased spent his or her money, their sex, age, and life expectancy, and any other factors the jury deems relevant.

For example, a husband who abused or mistreated his wife was found to have suffered no economic loss because of her death. He was also denied any compensation for pain and suffering due to her loss.

A father’s drug abuse problem was taken as evidence that the beneficiaries suffered no real loss because of his death. The jury awarded zero dollars for compensation.

2. If the deceased had started a personal injury claim which was not resolved before his death, then the personal injury claim survives the deceased. A representative of the deceased plaintiff’s estate can continue this personal injury claim.

The personal injury suit and the wrongful death claim are two distinctly separate claims. Compensation may be awarded for both individually. The personal injury compensation will cover only the injury to the deceased. The wrongful death award is compensation to the beneficiaries for their loss.

3. Even if there is a charge of first or second degree murder, or manslaughter, the survivors of the deceased can still bring a wrongful death claim. A criminal charge does not cancel any civil wrongful death action brought by the family of the deceased.

4. If a spouse remarries, this has no effect on the compensation awarded for wrongful death. The court has decided that the negligent party has no right to benefit from a spouse’s remarriage.

Kevin Garrison is a wrongful death attorney in Glendale, Arizona. He has helped many families receive just compensation for the loss of a loved one due to negligence. Kevin provides compassionate and experienced legal counsel to families considering a wrongful death claim. The Garrison Law Firm will work to see that critical evidence surrounding the death is not lost. Wrongful death actions can involve complex legal issues. Contact a   wrongful death attorney in Phoenix to protect your rights. 

A two-year old girl was hit by a construction truck in Surprise on last week. The mother with her child in a stroller, were crossing the street at a crosswalk, when a truck made a left turn into them and hit the child. Against all odds, this story had a happy ending and the toddler escaped injury.

STATISTICS ABOUT PEDESTRIAN INJURIES

But this is the exception rather than the rule. Arizona is among the worst states nationwide for pedestrian accidents and fatalities. 2/3 of all pedestrian accidents in the Phoenix area happen when the person on foot is trying to cross a street. Even at crosswalks, pedestrians cannot be sure they will be safe. Children, older adults, and minorities are the groups most affected when pedestrian accidents occur.

Nationally, in the last 10 years alone, more than 47,700 pedestrians were killed in the U.S., and more than 688,000 were injured.

ARIZONA LAW AND PEDESTRIANS

Arizona statutes require that motorists exercise due care when pedestrians are in the roadway. Extra caution is required when making right on red turns, when going through a crosswalk, when children are present, and in residential areas. Motorists are required to use a horn to warn pedestrians when necessary.

SERIOUS INJURIES AND PEDESTRIAN ACCIDENTS

When a pedestrian is hit by a car or truck, the victim is often left with serious and permanent injuries. Life changing injuries can include:

• Spinal cord injuries/ paralysis
• Loss of limbs
• Brain injuries
• Fractures
• Internal injuries
• Shoulder injuries
• Head, neck, and back injuries

What are the lifetime costs of a permanent and debilitating injury? What will the costs of medical care, prescriptions, rehabilitation, lost wages, and modifications to your existing environment add up to over the course of a lifetime?

HOW CAN A PERSONAL INJURY ATTORNEY IN GLENDALE, ARIZONA HELP?

If you or a loved one has sustained a serious injury because of the carelessness of another individual or employee of a company, you will want to contact a skilled personal injury attorney in Phoenix, to ensure that your rights are protected. Attorney Kevin Garrison will work with a team of investigators and experts to build a strong case on your behalf. The Garrison Law Firm has handled a number of pedestrian accident cases. You don’t have to face your pedestrian accident case alone.

Contact the Garrison Law Firm at 877-915-1100 to discuss your case at no charge. Kevin Garrison will discuss your rights so that you can make an educated decision.

A stretch of US 93 north of Wickenburg was closed last week for road improvement. A center-line rumble strip has been added between AZ 71 and AZ 89. Drivers who cross the center line will be alerted to this. Plans are being made to post signs in the future, reminding drivers that US 93 between AZ 71 and AZ 89 is only two lanes and traffic is two-way.

These changes are aimed at increasing safety and reducing accidents on what has become a deadly stretch of highway. Three people were killed in a head-on crash in September of last year. More recently in April, two people were killed when an SUV crossed the center line and crashed in to a semi-truck.

A total of 6 people have died on this stretch of road since September of 2011.

HOW CAN A WRONGFUL DEATH ATTORNEY IN PEORIA, ARIZONA HELP?

Attorney Kevin Garrison has been involved in a number of wrongful death cases involving this same portion of US Hwy 93. Just within the last 2 years, Mr. Garrison was the attorney for a wrongful death claim involving a head-on crash in almost the exact spot of this recent tragedy.

A wrongful death claim can be brought by the spouse, parents, children, or estate of the deceased. Wrongful death claims can be brought when a loved one has been killed due to the negligence of another person or business entity. Your attorney will let you know how much time you have to file a wrongful death claim. He or she will be sure that all the required documents are filed on time so that your case can move forward.

Nothing can make up for the loss of a parent, spouse, of child. However, the family may be left with funeral costs, unpaid medical bills, loss of companionship, and loss of income from a loved one the family may have depended on. Wrongful death settlements can help the surviving families to recover and rebuild after a devastating financial and emotional loss.

To discuss your case. call the Garrison Law Firm and ask for Attorney Kevin Garrison.  Kevin offers a free initial consultation and phone advice so that you can make an educated decision.  

The Arizona Republic has reported a motorcyclist was killed in Mesa this morning. The accident occurred when the motorcycle hit a car which was making a left turn. We feel for the family involved when we read stories like this. We know from experience just how hard it is for a family  to rebuild their lives after a loss like this.

FACTS ABOUT MOTORCYCLE ACCIDENTS

Almost half of all motorcycle accidents are not the fault of the motorcycle driver.

Distracted driving by other cars and trucks is the most common cause of motorcycle accidents.

Drivers turning in to the lane of a motorcyclist and violating their right-of-way causes almost 2/3 of all motorcycle accidents.

HOW A PERSONAL INJURY ATTORNEY IN PHOENIX CAN HELP YOU

Unfortunately, the motorcycle driver is nearly always the most seriously injured person in an accident. These injuries can be permanent and life-changing. If you or someone you know has been injured in a motorcycle accident, it is crucial for you to seek experienced counsel as soon as possible to protect your rights. Do not make any statements to the insurance company until you have first consulted with your personal injury attorney in Glendale, Arizona. These statements can come back to haunt you later in the case when the insurance company uses what you said against you.

In addition to helping you get the medical care you require for your knee injury, leg injury, head injury, chest injury, or other type of motorcycle accident injury, Kevin Garrison  compassionately handles cases where a family has lost a loved one in a fatal motorcycle accident.

1. You don't want to deal with the phone calls and paperwork. When someone is injured and in pain, they don't want to deal with reimbursement for medical bills, car damages, lost wages, and more. Dealing with insurance companies can produce a lot of unwanted stress and frustration.Your attorney will handle all this.

2. Your insurance company doesn't want you to hire an attorney. The insurance company wants to pay you as little as possible. It's not about what your case is worth, it's about the least amount they can pay out. If you don't work with a lawyer, you may leave hundreds, and even thousands of dollars on the table.  

3. Chances are you probably don't know what your case is worth. Before you sold an autographed card of your favorite baseball player, wouldn't you want to have an expert evaluate its worth.? Of course you would! The same holds true for a personal injury claim.  

A 2008 Insurance Research Council study found that car crash victims who had a lawyer received 3 1/2 times more money on average, than those who tried to handle their case alone. Even if you only consulted with an attorney, you were likely to receive 40% more than those who did not.

4. After a car accident, it can be frustrating and confusing to determine which insurance companies will pay for medical bills, damages, lost wages, and so on. An experienced attorney like the car accident attorney in Phoenix, will explore all the insurance options available so that you can receive fair and just compensation for your injuries.  

5. Avoid nasty surprises at the end of your settlement. An attorney will search out any hidden lien holders that could possibly affect your settlement. Fair settlements for legitimate serious injuries should make it to the victim.

Attorney Kevin Garrison, a personal injury attorney in Glendale, Arizona, has over 20 years experience providing skilled and compassionate help to car accident victims. If you have been seriously injured or lost a loved one because of the carelessness of another person, the Garrison Law Firm has the experience and resources to help you through this difficult time. Call today to discuss your case- there's never a charge for an initial consultation.

We all get frustrated with driving sometimes. What tops your list for things other drivers do that can really set you off?

When asked, drivers were remarkably consistent in their responses to what really makes them angry when they're driving. No surprises here- being cut off, people who drive slowly in the left lane, tailgating, and obscene gestures topped the list.

Road rage is on the rise and that's unlikely to change soon. The term "road rage" was coined in the 1990's in Los Angeles. Back then, it was a fairly rare occurrence. But drivers today say it happens on an almost daily basis.

What can you do to avoid the real violence and harm that results when simple frustrations escalate into criminal acts?

WHAT IS ROAD RAGE?

Road rage can range from a temporary response to a trivial incident, all the way to acts of criminal violence that may result in injury or death. Most people think of road rage as something the "other guy" does. It can be hard for them to see when they may be driving aggressively themselves. Aggressive driving behaviors can include cutting someone off, speeding, running red lights, quick lane changing, failure to yield, running someone off the road, and tailgating.

Road rage happens when someone decides to take out their aggression or anger on another person and uses their car, or some other object as a weapon. An innocent act or moment of carelessness triggers a disproportionate and potentially violent reaction in the other driver.

FACTS ABOUT ROAD RAGE

• A telephone survey by AAA revealed 8 out of every 10 drivers surveyed thought aggressive drivers represented a serious traffic safety problem.
• Aggressive driving behaviors are believed to be a factor in up to 56% of fatal car crashes. The most common aggressive driving behavior is speeding.
• The AAA Foundation analyzed 10,000 suspected road rage incidents across 10 years. They found at least 218 murders and 12,610 injuries linked to road rage.
• 37 percent of the violent incidents involved use of firearms, 28 percent involved other weapons, and 35 percent involved the use of the car itself as a weapon.
• Drivers said the incidents that triggered road rage in themselves were "often trivial". They made statements like, "She wouldn't let me pass", or "They cut me off."

A motorcycle driver was killed this morning when his motorcycle collided with another SUV in the West Valley. The accident happened at the intersection of Olive Avenue and 95th Avenue in Peoria. Our hearts go out to the family of the motorcycle driver because of this tragedy. So far, it's not known what was the cause of the crash.

SOME FACTS ABOUT MOTORCYCLE ACCIDENTS IN ARIZONA

There were 86 motorcycle fatalities in 2010. While motorcycle registrations have gone up every year since 2006, deaths in motorcycle crashes have gone down since 2006. Although this is good news, any serious injury or death while riding a motorcycle is cause for increased action and awareness.

By far, the most common cause of a motorcycle fatality was a collision with another vehicle. Most fatal accidents happened during daylight hours, in urban areas, and on dry roads. Most often, there was no apparent presence of  either alcohol, drugs, or medications in the motorcycle drivers.

Sadly, the almost half of all motorcycle deaths were caused by no improper action on the part of the motorcycle driver.

CAUSES OF MOTORCYCLE CRASHES

Distracted driving by other cars and trucks is the most common cause of motorcycle accidents. Drivers turning in to the lane of a motorcyclist and violating their right-of-way causes almost 2/3 of all motorcycle accidents.

The next most common causes of motorcycle crashes are something that the only motorcycle driver can control: excessive speed and distraction on their part.

INCREASING SAFETY AWARENESS IN MOTORCYCLE DRIVERS 

The hospital put a lien on my child's personal injury settlement over a year ago. Can they do that?

The short answer is yes. A personal injury lien means that someone other than the victim has a claim that they are entitled to a portion of the final settlement. If your son is less than 18 and the claim will need approval from the probate court, this can sometimes be used as leverage against a hospital lien. Many times liens can be negotiated to a very reduced amount.

"BALANCE BILLING" AND PERSONAL INJURY LIENS

There are many kinds of liens, but medical liens from a doctor or hospital such as you describe are the most common. You'll need to determine if the hospital has received payment from any health plan. You'll also need to find out the source of the payment and amount of payment to the hospital.

Arizona allows a type of lien called "balance billing". Even if a doctor or hospital has already been paid by you or your health insurance company, the medical provider may claim they should receive additional money because your treatment was injury related. 

For an example, if you receive treatment from a hospital that normally costs $4,000 but your health insurance only allows $2,000 for the visit, then $2,000 is what the hospital gets. In most cases, you, the patient do not need to pay the difference because the hospital has contracted with your health insurer to only be paid that much for the treatment.

However, under Arizona law, hospitals can try to make a greater profit on your injuries if you receive a settlement because of the suffering and injuries you have endured. You will want to look at A.R.S. (Arizona Revised Statues) Section 33-931 and 33-932. Liens are a very complicated issue to deal with and it is a frustrating subject for us attorneys. I suggest that you contact an attorney to have the attorney help you with the lien issues.

WHAT YOU DON'T KNOW ABOUT LIENS CAN HURT YOU

Three of the greatest pitfalls that can happen after a settlement has been awarded are:

1. Dispute over whose name should appear on the settlement check because of pre-existing liens.

2. New lawsuits that arise about the monetary award after the original personal injury case has been settled.

3. HIdden lien holders who appear (sometimes years after!) after the settlement laying claim to what they consider their share of the proceeds.

HOW CAN YOU PROTECT THE PERSONAL INJURY SETTLEMENT FOR YOURSELF OR A LOVED ONE?

The best thing to do is to contact an experienced personal injury attorney in Phoenx. Attorney Kevin Garrison  will work to discover any hidden lien holders that could potentially affect the victim's settlement. For over 20 years, the Garrison Law Firm has been fighting invalid lien claims on behalf of clients. Even if the claim is valid, an experienced car accident attorney in Phoenix, can negotiate with the lien holder and often reduce the amount owed from the settlement.

The Garrison Law Firm believes that fair settlements for legitimate serious injuries should make it to the innocent victim. 

I was attending an air show in Reno last September. A plane crashed and I received injuries to my rotator cuff and leg. The shoulder required orthopedic surgery. I am still in therapy for the rotator cuff and I have a shrapnel injury to my leg which is slow to heal even after 6 months.

The insurance carrier for Reno Air Racing wants to offer me an out of court settlement. How much should I expect? 

No one can give you an idea of the value of your case unless and until they sit down with you face to face and discuss the situation with you. The best thing to do is to talk to an attorney who is experienced in personal injury cases. A personal injury attorney in Phoenix will review your medical records and bills, and discuss the impact that the injuries had on you both physically and emotionally.

You will want to consider if you have already lost any wages because of your injury, and any earnings you may lose in the future because of the injuries. The attorney will want to know whether you are completely healed or if you are having residual problems. The prognosis for your recovery provided by your health care providers will also be a factor in the settlement.

You also likely have some scars that need to be photographed and considered in your settlement. Until all the facts are in, it is impossible to place a just and fair value on your injuries. Please be aware that every state has a statue of limitations for any personal injury claim. After this time, the courts will not allow you to pursue your claim.

There are many types of injury to consider in a personal injury case. Someone who has an attorney working with them will likely do better then someone who tries to represent themselves. A personal injury attorney in Glendale, Arizona can help be sure that required documents are filed in a timely fashion and that all your injuries are being taken in to account.

I practice in Arizona and I am aware of another attorney in Arizona who has at least one or more of the victims from this tragedy. I would happy to help.

Disclaimer- The information you obtain at our web-site or through postings on such sites as this is not, nor is it intended to be, legal advice. You should consult an attorney for specific advice regarding your individual situation. Any response given here is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Disaster strikes… when you least expect it. Many times that event turns into a personal injury action, primarily because you have been injured by the negligent act of someone else.

Before you meet with an attorney, ask yourself whether the basic elements of personal injury accidents would apply to your situation. In order to prove negligence is cause of your injury, your attorney will have to prove the following: duty of care, breach of that duty, cause of injury (or death) and liability.

WHAT MUST BE PROVED IN A PERSONAL INJURY CASE

1. Duty of care- this definition varies from state to state. Some states require that the potential of personal injury was foreseeable as a result of the defendant’s action. Other states require proving the magnitude of the harm, and the cost of avoiding it .
2. Breaching that duty of care- this is present if it can be proved that the defendant failed to act as a reasonable and prudent person would have given the same situation. This “standard” is the most contested and argued aspect in most personal injury litigation cases.
3. Cause of the injury- it must be proved that the injury would not have happened if appropriate duty of care had been exercised. The injuries must have occurred strictly from the defendant’s negligent actions, and not for some other cause of action on your part.
4. Liability for plaintiff’s damages- this is considered only if the first three elements are satisfied. You must actually be the injured party, or someone else with a legal standing entitled to litigation based on your injury must have brought the suit. If this is the case then liability can be determined on your behalf.

COMMON PERSONAL INJURY ACCIDENTS

Legal representation can be provided for a number of personal injury- type accidents. Some of the most common accidents are:

1. Vehicle Accidents- car accidents, motorcycle, truck, boat and bus accidents: including rear end accidents and intersection accidents
2. Pedestrian and bicycle accidents
3. Nursing home abuse/ negligence
4. Medical malpractice- which could include birth injury, inappropriate diagnosis, and surgical error
5. Workplace and slip and fall accidents- which would slipping on wet floors, broken tiles, and such, as well as other injuries caused by machines, equipment and illness, such as the one with which we are most familiar – Mesothelioma.
6. Defective products are the foundation for many personal injury accidents. Most commonly this would include defective drugs and medical devices, children’s toys and food borne illnesses.
7. Dog Bites/ Animal Bites

HOW CAN A PERSONAL INJURY ATTORNEY IN GLENDALE, ARIZONA HELP YOU?

If you feel you may have just cause for litigation, your next best step is to counsel with a personal injury attorney. The personal injury attorney in Glendale, Arizona is familiar with all of the elements of the litigation process. Attorney Kevin Garrison will help you determine if your claim would be considered valid.

Keep in mind that every state has a certain time frame in which you can make a claim, otherwise known as a “statute of limitations.” This ticking of the clock means you must take action as quickly as possible. If you or a loved one has been injured due to the carelessness or negligence of another person, contact the Garrison Law Firm. There is no out-of-pocket expense for your first consultation and evaluation of your case.