Arizona Personal Injury Blog

Fire broke out early Thursday morning at the Morel 6 near Northern Avenue and the I-17. A 25-year old man was hospitalized with burns and smoke inhalation. A faulty air conditioning unit is thought to be the cause of the fire which is still under investigation.

While the law does not protect patrons of a motel from their own negligence, the hotel does have certain duties that it owes its guests. All patrons are entitled to assume that the business premises are safe. Business owners have an affirmative duty to keep and maintain their premises in a safe condition.

Air conditioners and electrical components in a hotel guest room will need periodic inspection and maintenance. Hotels have a common law duty that all businesses share, to provide a safe premise to those they invite on their property.

HOTELS AND MOTELS HAVE A DUTY TOWARDS THEIR GUESTS

• Hotels must exercise reasonable care for the safety of their guests.
• Hotels have a duty to actively look for and inspect hazards that might not be readily seen by the guests.
• Hotels and motels must take action to correct the problem, or to warn the guests about the hazard once it has been found.
• Hotels may be found negligent if reasonable inspection showed that there was a hazard, and the motel owner didn't correct the problem or warn the guests about it.

To be successful in a premise liability case and obtain financial compensation for the injuries suffered, the injured person must show that the property owner had notice of the dangerous condition that caused the injury prior to the time that it occurred.

If you have suffered an injury because of a property owner's negligence, the best thing to do is to contact an experienced premise liability and personal injury lawyer. There is no cost or obligation to talk to the Garrison Law Firm and find out if you have a case. Attorney Kevin Garrison will tell you upfront if he thinks you have a valid premise liability case.

A 49-year old construction worker was killed when a tree fell on him while he was working on debris removal at a demolition site. The accident happened at the location of the former Days Inn near Scottsdale Road and HIghland Avenue. The worker was treated at the site, then transported to Scottsdale Healthcare Osborn Medical Center where he was pronounced dead. No foul play is suspected. Police and the Occupational Safety and Health Administration are investigating the accident. We offer out heartfelt condolences to the family.

WORKER'S COMPENSATION AND WRONGFUL DEATH

We understand that construction workers are exposed to many dangers at work on a daily basis. Wrongful death occurs when a life has been ended prematurely under abnormal circumstances. When a worker dies in the course of their job duties, either from employer negligence or an accident on the job, the surviving family may be able to file a wrongful death Worker's Compensation claim. For those who lose their life in the course of their duties on the job, a Worker's Compensation claim can offer financial relief to the surviving family to help them to recover.

THIRD PARTY CLAIMS IN JOB-RELATED WRONGFUL DEATH

Families who have lost a loved one in a job-related accident may also be able to receive more than just Worker's Compensation. The landowner, construction company, general contractors, sub-contractors, and equipment manufacturers may have also contributed to the wrongful death. Unlike the Worker's Compensation claim, these third party claims allow for compensation for pain and suffering.

Tracking liability is of all the third parties that may be held responsible for the death is important as many possibilities exist. While no amount of money can ever take the place of the loved one, financial compensation can go a long way to helping survivors rebuild their lives after the loss.

It is always worth your time to contact an experienced wrongful death attorney who is skilled in work-related accidents. Call today to preserve your right to maximum wrongful death compensation. The Garrison Law Firm provides small-firm, personal attention to each client with an attitude towards large-firm results.  It costs nothing and there is no obligation to contact attorney Kevin Garrison. He will discuss your case with you and tell you upfront if there is a valid third-party claim.

East and westbound I-10 lanes were closed for several hours on Tuesday afternoon, in a multi-vehicle accident involving cars and tractor trailers. Witnesses state that a semi truck in the eastbound lane rear-ended a pick-up truck, then crossed the center lane and struck a westbound tractor trailer. The accident happened 12 miles west of Salome Road at milepost 60. No other details are available at this time.

WHY CONNECT WITH A TRUCKING ACCIDENT ATTORNEY IN PEORIA

Trucking accidents are also some of the most complicated cases from a legal point of view. They may involve out-of-state drivers, cabs and trailers that are owned by two different people or companies, one or more leasing companies, and multiple insurance carriers. State and federal laws regulate the trucking industry extensively because of the dangers posed by the size and weight of big rigs compared to non-commercial vehicles. An experienced truck accident lawyer will know which state and Federal laws apply to this case.

While it is not known yet if there were any injuries in this crash, you should know that if you have sustained a serious injury, or have a family member who was seriously injured or killed in a multi-vehicle accident, it is critical that you talk to an experienced attorney. The issues are complex and many insurance companies will be involved. The same is also true for accidents involving multiple tractor trailers. The tractor may be insured by a different company than the trailer. The company leasing the tractor may have a different insurer than the company who owns the tractor.

It's important to reconstruct the accidents as accurately as possible, either through witness statements or accident reconstruction specialists, or both. Witnesses will need to be interviewed before memories fade and evidence vital to your case is lost. Don't wait to contact an attorney. Many accident cases have a statute of limitations for bringing a claim. If the claim is not filed timely you risk losing your right to make a claim for compensation permanently. There is no cost or obligation to contact the Garrison Law Firm to find out if you have a case.

Knowing what to do in the first 30 days after your car accident can make the difference between getting your medical bills paid in full, or the nightmare of facing your accident-related medical expenses on your own. Insurance companies use a variety of tricks to lull the accident victim into complacency. Their goal is to get you to give up enough information so that your claim can be minimized or denied outright.

Don't fall for these 4 insurance company tricks:

1. NEVER GIVE A RECORDED STATEMENT to the other party's insurance company, or to your own without a lawyer's advice. The claim adjuster may tell you that your "car can't be fixed" unless you give a recorded statement. This is not true. The claim adjuster is looking for information from you that can be used against you to deny your claim. The recorded statement provides audio proof as to what you said.

2. DO NOT GIVE THE CLAIM ADJUSTER YOUR SOCIAL SECURITY NUMBER OR BIRTHDATE.  These can be used to run a credit report on you. Even though this is illegal, the goal is to find enough information to discredit you and your motives, should the accident claim ever go to court.

3. DO NOT SIGN THE MEDICAL RELEASE FORM FROM THE INSURANCE COMPANY. Unless your attorney advises you to do so, the medical release form allows the insurance company to uncover ALL your private medical information for as far back as the medical records go.  If you had a car accident 12 years ago and were treated for it and fully recovered, the insurance company will try to say that your injuries from the present accident were really the result of the first accident. Therefore the insurance company will not have to pay for your present medical expenses because (according to them) they were caused 12 years ago.

4. DON'T CASH THAT CHECK WITH THE "RELEASE ALL CLAIMS" FORM. If the insurance company sends you a check and tells you that you can cash the check if you sign the release all claims form, don't fall for this. It may be months before the full extent of some injuries is known. Don't sign away your right to recover fair compensation for your legitimate injuries.

You'll get the best outcome for your accident claim if you are not in a hurry to settle. Consult with an attorney who is experienced in motor vehicle accident claims and personal injury. It costs nothing and there is no obligation to contact the Garrison Law Firm and find out is you have a case.

Resource: Whiplash and Motor Vehicle Collisions by Steven C. Eggleston, D.C., Esq.

We are so sad to hear of the death of a little 3-year old boy who was with his mother and two siblings, when they were hit by a driver suspected of impairment early Monday morning.

An 18-year old driver suspected of driving while impaired, lost control of his car early Monday morning in South Phoenix, causing a deadly accident. The 18-year old had been driving west on Southern Avenue, and was seen weaving in and out of traffic. The driver ran up on a curb, over- corrected, lost control of his car, and drove into the easbound lane. He hit a blue sedan head-on, driven by a mother who had her three children in the car. Bystanders attempted to provide aid until first responders arrived. The mother, Regina Ricks, was transported to the hospital with serious injuries. The 3-year old boy, Elijah Ricks has since died, and the 5-year old little girl is in extremely critical condition. The 1-year old little girl sustained serious injuries but is expected to recover.

The at-fault driver was ejected from his car and sustained non-life threatening injuries. All the children were in appropriate car seats and properly restrained.

If you see someone driving erratically and you think they could pose a danger to other drivers, please don't hesitate to call 911 and report the license plate. You might save the life of a child.

If you have lost a family member or sustained serious injuries in a car accident because someone else was impaired or negligent, we know that no one and nothing can ever replace the loved one you lost. A compassionate and experienced attorney can help you know what your rights are, and what sources of financial compensation may be available to you to cover medical expenses, pain and suffering, future medical care, rehabilitation, and property damage.

Experienced legal counsel can help you to understand what your choices are so that you can make an informed decision  It costs nothing, and there is no obligation for an initial consultation on your case with attorney Kevin Garrison.

Carefree Highway, west of I-17 in Peoria, AZ was the scene of a deadly accident Friday afternoon. For unknown reasons, 27-year old driver Frank Tracy crossed the center line and drifted into an oncoming car. Two victims of the crash were air-lifted to local trauma centers, and 3 others were taken to trauma centers by ground. Tracy was killed in this tragic two-car collision. Our hearts go out to the victims and their families and we hope for a speedy recovery to the injured.

Accidents of this magnitude often involve serious injuries. Serious injuries can be permanent or life-changing. Catastrophic injuries may require months or even years of rehabilitation. Other injuries are permanent, and victims must rebuild their lives around this life-changing event.

Serious and permanent injuries include:

• spinal cord injuries and/or paralysis
• amputations and scars
• brain injuries
• fractures
• burns
• internal injuries

If you or a family member has suffered a serious and permanent injury, it is critical that you contact an experienced car accident attorney who can help you recover financial compensation so that you can go on. Financial compensation must be able to address the hospital and medical costs, surgical costs, prescriptions needed, physical and vocational rehabilitation, loss of life expectancy, psychological counseling, home medical equipment, pain and suffering, loss of income, and property damage.

If you have suffered a serious or permanent injury because someone else was careless or negligent, contact an experienced attorney to discuss your case. For over 20 years, attorney Kevin Garrison has been helping Valley families to recover fair and legitimate financial compensation for their injuries. There is no cost or obligation to find out if you have a case.

When 82-year old Robert Reynolds left his Peoria, Arizona assisted living facility, he didn't know that he was among the more than 34,000 Alzheimer's and dementia patients, who wander from their homes or care facilities every year in this country. Robert was last seen at about 11:00 a.m. on Tuesday of last week, somewhere near 75th Avenue and Greenway Road. The Peoria Police Department was alerted by the assisted living facility who requested the department's help in finding the missing senior.

WHAT DOES IT MEAN WHEN A RESIDENT WITH DEMENTIA "ELOPES"?

Elopement refers to those with dementia or other cognitive disorders such as autism, who wander away or leave a nursing home, assisted living facility, or hospital. Residents that elope leave unsupervised, unnoticed, and prior to scheduled discharge. About 60% of those with dementia will wander at least once, according to this New York TImes article. Elopement is a growing problem, largely because of the rise in Alzheimer's disease which may affect as many as 50% of those over 85.

SURPRISING FACTS ABOUT ELOPEMENT

• Next to the front door, the most common method of escape is a window.
• The first 24 hours after the resident goes missing are crucial. After this time, the chances of finding an individual with dementia alive and without serious injury are significantly reduced.
• An individual with dementia is not able to make logical choices and may be unaware of their surroundings. They are not likely to be able to find their way home. This leaves them vulnerable to motor vehicles accidents, weather and exposure, and anyone who takes advantage of their vulnerable condition.
• The most common elopement scenario seen by one insurance underwriter, is an alarm that goes off but is ignored by the staff.

WHY INVOLVE A PEORIA, AZ NURSING HOME ATTORNEY?

The United States Department of Health and Human Services lists elopement as a "never event". Elopement is considered as a particularly shocking failure of patient protection which results in the patient's death or serious disability, and which is a preventable occurrence.

There may be multiple failures of facility policy and staff performance that allow for an elopement to happen. The average payout of one insurance underwriter for elopement claims which ended in the death of a resident was $421,000. Every resident of an assisted living facility or nursing home should be assessed for their risk of elopement.

If you have lost a family member who was killed while wandering from a facility, or if someone you love was injured before they could be found, contact an experienced nursing home attorney. There is no cost or obligation to find out if you have a case. Contact the Garrison Law Firm for compassionate consultation to find out what your rights are, and the rights of your loved one.

Seven children ranging in ages of 3 to 7 years of age were injured in a rollover accident on Interstate 10 at 3pm near 3th Avenue this Monday afternoon.  Three of the children suffered serious injuries and the other four suffered moderate injuries.  None of the children were in car seats when the accident happened.  The female driver sustained possible life-threatening injuries. 

Children who do survive unrestrained car accidents can experience serious and permanent, life-changing injuries. If you have lost a child because someone else was negligent, or if you have a child with permanent injuries and someone else was at fault, contact a personal injury attorney in Phoenix. It costs nothing to find out if you have a case.

Attorney Kevin Garrison brings over 20 years of compassion and experience to your family. The Garrison Law Firm can help your family recover costs for medical treatment and life- long care for your loved one.

35th Avenue and West McDowell Road was the scene of a fatal car accident early Tuesday morning. Police suspect that alcohol was involved, when a Mercury Sable ran a red light and crashed into a GMC truck.  The truck spun around and hit a car which was driven by a pregnant 22-year old woman. The innocent driver of the GMC truck was thrown from his truck and died from his injuries. The pregnant woman was taken to the hospital. The at-fault driver was not wearing a seatbelt and was transported to the hospital with serious injuries.

Was it worth running the red light?

FACTS ABOUT RED-LIGHT RUNNING IN AMERICA

• 762 people in America died in 2008, from red-light running drivers.
• About 165,000 people are injured every year because of drivers who fail to stop at red lights.
• One-half of all the people killed in these accidents are innocent victims. They are not the at-fault driver.
• One out of every three people say they personally know someone who was killed or injured in a red-light running accident.
• The first 1 1/2 seconds after a light turns red are the most deadly for drivers moving forward on a green light.

At the beginning of the year 2000, Arizona ranked as the highest state in the nation for red-light running. Phoenix was the most dangerous of all U.S. cities for red-light running fatalities.  

If you have been injured or lost a loved one because a careless or negligent driver failed to stop, contacting an attorney who will represent your interests is crucial to your case. Every type of motor vehicle accident has its own legal challenges. Attorney Kevin Garrison uses his many years of experience to analyze his client's case and identify all the possible sources of compensation for the client. Contact the Garrison Law Firm- there is no cost or obligation to find out if you have a case and to learn what your rights are.

Many personal injury cases do settle before going to trial. However, if you've been in a car accident, or any type of motor vehicle accident, it is crucial that you have an attorney who can take your case to trial if necessary. The more serious the injuries, the more important it becomes for you to protect your own interests. Contact an experienced car accident lawyer before making any statements to the insurance company. This allows you to obtain legal counsel and find out what your rights and options are before moving forward.

WHAT IS "PAIN AND SUFFERING"?

Pain and suffering include the physical and mental anguish suffered from an injury. This includes:

• pain from broken bones and torn ligaments
• temporary and permanent limitations on activities such as your job, or leisure activities which bring enjoyment into your life
• potential shortening of life
• potential embarrassment or depression from disfigurement or scarring

An expert witness can be brought in to help the jury understand the details of the injuries and treatment. Pain and suffering is part of the general damages that are compensated because of another person's negligence. The actual dollar value of pain and suffering can be difficult to determine since it is not as straightforward as something like a medical bill.

WHAT DETERMINES THE AMOUNT I CAN RECOVER?

• Liability- the ability to establish that someone else was negligent or careless and that this caused your injuries
• Damages- this is the amount that awarded to compensate you fairly and adequately for your injuries including pain and suffering
• Insurance or other assets- these are the sources of collection from which damages can be recovered

WHAT FACTORS INTO THE SETTLEMENT AMOUNT?

The value of your claim will be decided by:

• present and future medical bills resulting from your injuries
• loss of past income and impact on future earning potential
• your age
• permanent limitations that are the result of your injuries
• activities that you can no longer do or that you cannot enjoy as much because of your injuries
• likelihood of future problems
• the strength and believability of the lay witness testimony 
• your past medical history

There is no cost or obligation to contact the Garrison Law Firm for an initial review of your case. Kevin Garrison will let you know what your rights and options are, so that you can make an informed decision.