Personal Injury

Melbye v. Dennis, No. 2 CA-CV 2023-0209 (App. Div. II, September 9, 2024) (J. Eckerstrom) https://www.appeals2.az.gov/decisions/CV20230209Opinion.pdf
FAILURE TO TIMELY ANSWER AMENDED COMPLAINT IN FACE OF ENTRY OF DEFAULT SUPPORTS ENTRY OF DEFAULT JUDGMENT/DEFENDANT MAY APPEAL FROM DEFAULT JUDGME…
Continue Reading Rules of Civil Procedure: Default Judgment Appropriate Where No Timely Answer to Amended Complaint Filed/Right to Appeal form Default Judgment

In Arizona, the line between a DUI being considered a misdemeanor or a felony offense is not always clear-cut. While most DUI cases in Arizona are charged as misdemeanors, there are certain circumstances under which a DUI can be elevated to a felony.
The post When Is a DUI Considered a Felony in Arizona? appeared first on The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer.
Continue Reading When Is a DUI Considered a Felony in Arizona?

Mother Nature knows best.  There is a lot of truth to that old adage.  Our bodies are the result of a process of natural selection that has been going on for millions of years and is still going on today.  Our bodies were optimized for a certain way of living.  As we have changed our way of living (think junk food and sitting in front of the TV), our bodies are trying to catch up, but cannot keep up over the short run of only a century or two.  Changing the way we live has had some very bad effects
Continue Reading Exercise – The Wonder Drug

Article By Lila Sol, Director, Volunteer Lawyers Program

Every month, Southern Arizona Legal Aid’s (SALA) Volunteer Lawyers Program (VLP) recognizes a legal professional for their legal volunteerism. Thom K. Cope, Esq., is the July 2024 Outstanding Volunteer of the Month Award Recipient.

In addition to being an attorney for 52 years, Thom is an author, lecturer, a firm believer in “PMA” (positive mental attitude), and a proud owner of a family of bobble heads! And, he can now add VLP/SALA volunteer! Thom more than satisfies his pro bono requirements. He provides dedicated volunteer legal work for Step Up to Justice
Continue Reading Southern Arizona Legal Aid’s Volunteer Program recognizes Thom K. Cope

Our health care delivery system is deeply flawed.  It is obscenely expensive, delivers spotty care that depends largely on where you live and how much money you have, and leaves many Americans out in the cold.  These flaws create ripples that cause problems across society.  One of the effects of the flawed system is exemplified by the very large malpractice verdicts arising out of birth injuries.

One of the great joys a person can experience in this life is the birth of a child.  It is almost literally a miracle that there is a new person in the world who
Continue Reading Another Ripple Effect Of Our Flawed Healthcare System

There were approximately a quarter of a million crimes committed in the state of Arizona last year. The vast majority of those were less serious misdemeanors. As for the more serious felonies though, they are placed into various classes based on their severity.
The post Class 2 Felony Crimes in Arizona appeared first on The Law Offices of John Phebus Glendale Criminal and Personal Injury Lawyer.
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If you have been in a severe enough motor vehicle accident in Arizona, your car may legally be deemed “totaled.” This means that the cost to repair the vehicle exceeds its actual cash value (ACV), making it a total loss.

When your car has been declared a total loss, you can seek a settlement with your or the other driver’s auto insurance company, depending on the circumstances. For example, if your are responsible for causing the accident, the other driver may be entitled to the check. If you are not, you may receive compensation. 

If you live in Maricopa County
Continue Reading Who Gets the Insurance Check When a Car is Totaled?

Rental cars are common in Arizona. In fact, more than 200 car rental businesses operate in the state, and car rentals generate more than a billion dollars in market value every year. Knowing this, it should come as no surprise that rental car accidents happen often in Arizona.

There are several differences between a regular car accident and an accident with a rental car. If you are involved as the driver in a rental car accident in Arizona, you may need assistance from an experienced car accident attorney in Scottsdale to understand who is financially responsible for a rental car
Continue Reading What Happens if You Crash a Rental Car

If you’ve been in a car accident, there’s a likelihood that your vehicle is considered a “total loss.” 

However, despite seemingly negative terminology, a car deemed a “total loss” isn’t necessarily bad. Writing off a car as a “total loss” could help save your insurance company money and get you back on the road faster with an insurance payout. 

If you disagree with your insurance company about whether your vehicle is totaled, an experienced auto insurance company claims attorney like those at the Stone Rose Law firm can help you negotiate with insurers.

When is My Car Considered Totaled?

Car
Continue Reading How Do Insurance Companies Determine if a Car is Totaled?

That is the story with Medicare Advantage plans.  It seemed like a good idea at the time.  The concept was given birth by the ideologues who believe that private industry can always do a better and more efficient job than the government can.  Medicare was spending a lot of money paying for care for its senior enrollees.  What if we let private industry in on the program?  Surely, private industry could provide the same or better care for less money than those wasteful bureaucrats over at the Medicare offices.  It didn’t turn out that way or come even close.

In
Continue Reading It Seemed Like A Good Idea At The Time

When pursuing legal action against someone who is at fault for the victim’s injuries, some people may be tempted to represent themselves in order to save costs. While everyone wants to avoid legal fees, the repercussions of not consulting with top rated personal injury lawyers can far outweigh saving a few pennies. Regardless of whether … Continue reading “Why Choosing Top-Rated Personal Injury Lawyers is a Smart Move?”
Continue Reading Why Choosing Top-Rated Personal Injury Lawyers is a Smart Move?

Francisco v. Affiliated Urology Ltd, No. CV-23-0152-PR (August 16, 2024) (J. Montgomery) https://www.azcourts.gov/Portals/0/OpinionFiles/Supreme/2024/CV230152PR.pdf
FAILURE TO WARN PATIENT OF RISKS OUTLINED IN DRUG PACKAGING BEFORE PRESCRIBING MEDICATION INADEQUATE WITHOUT EXPERT TESTIMONY TO ES…
Continue Reading Medical Malpractice: Need for Expert Witness to Establish Breach of Standard of Care

Recently I posted about deceptive techniques hospitals are using to enhance fees. Today I am writing about an article by Dr. Marty Makary, a professor at the Johns Hopkins School of Medicine and a frequent critic of the many failings of our health care delivery system.  A recent column by Dr. Makary in the Washington Post discusses how Medicare’s payment system has unintentionally played a role in incentivizing hospitals to create these money-making schemes.

The starting point here is the fact that hospitals charge a great deal more for a procedure performed inside the walls of the hospital than the
Continue Reading Hospitals Are At It Again

Free markets and the laws of supply and demand have been very good to us.  We have a strong economy, good worker productivity and a huge variety of products available at affordable prices.  In order for the laws of supply and demand to work efficiently, however, they require certain conditions such as transparency about prices and the absence of large barriers to entry.  Both of those important factors are missing from the healthcare marketplace and we see the results all around us.  Healthcare deserts, outrageous prices for drugs, widely different prices for the same service in the same local area,
Continue Reading Healthcare Is Too Important To Be Left To The Marketplace

Gallery Comunity Ass’n v. K. Hovnanian at Gallery, LLC, No. 1 CA-CV 23-0375 (App. Div. I, August 6, 2024) (J. Jacobs) https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2024/1%20CA-CV%2023-0375%20Gallery%20v.%20K.%20Hovnanian.pdf
A.R.S. § 33-2002(A) AUTHORIZES HOA TO BRING LAWSUIT FOR STRUCTUR…
Continue Reading Homeowner’s Association Right to Sue for Structural Defects

When a debt is described as “dischargeable,” it means that it can be erased through the bankruptcy process. Upon the successful completion of a bankruptcy case, the bankruptcy court typically issues a discharge order, which legally removes your obligation to pay any dischargeable debts.
Different Types of Dischargeable Debt
Most common types of dischargeable debts in a bankruptcy case include:

  • Credit Card Debts: This includes outstanding balances on Visa, Mastercard, American Express, and other credit card accounts.
  • Medical Bills: High medical expenses, a common cause of bankruptcy, are also dischargeable.
  • Personal Loans: Unsecured personal loans from banks, family, friends, or


Continue Reading What is a dischargeable debt?