Personal Injury

There are many situations in which injury or wrongful deaths occur at work or at home.  This brief article focuses on how a lawyer analyzes fault on the part of the manufacturer or contractor in accident scenarios.  Many consumer or industrial products and settings can be dangerous, not due to fault of the consumer operator, but for lack of accident prevention in the design or planning of the product or operation.  These principles of accident prevention apply where there is potential exposure of the consumer or worker to hazardous conditions or features of a product or operation. A list of…
That firm must be a good one if they’re on a billboard, right?  That depends.  Billboard attorneys and firms are usually volume-based and are what some legal commentators refer to as “settlement mills.”  This article will give an overview of these volume-based firms. A volume-based firm needs hundreds or thousands of cases to come through their door every month.  They will rarely turn down a case and they settle cases as soon as possible.  Unfortunately, this sometimes means asking their clients to settle for less to speed up the process.  The reason for this is the economics of running a…
I am sure most of you remember the children’s game of Telephone.  You get a group of people and the first tells a secret to the second.  The second repeats the secret to the third person, who tells it to the fourth and so on until everyone has been told.  Then you compare the secret the first person told with what the last person was told.  There is almost always a big difference.  The message gets garbled and mangled as it goes from person to person.  Like it or not, the game of Telephone accurately describes what happens in your…
A plaintiff who brings suit may be subject to a physical or mental examination ordered by the court if the plaintiff’s physical or mental condition is at issue in the case, pursuant to Arizona Rule of Civil Procedure Rule 35.  These examinations often occur if there is an unresolved injury, i.e., loss of movement or a traumatic brain injury. In these examinations, an expert hired by the defendant’s insurance company will examine the plaintiff.  Rule 35 permits attendance by a representative of the plaintiff unless attendance would compromise the exam. The examination may be recorded by the least intrusive means…
The Caesarian section can be a life saver for both the mother and her baby.  There are a number of conditions which can develop during pregnancy or during the delivery process which require that the baby be delivered by C-section.  Among them are shoulder dystocia, fetal distress, failure of the labor to progress, malposition of the baby and a baby too large for the pelvis of the mother.  But Caesarian section is not risk free and the evidence is that it is being used when it is not necessary.  This is a serious problem. So what are the risks of…
One consequence of our lengthening life spans is that we are wearing out our original equipment.  Our knees and hips were not intended to last 60 or 70 years.  They certainly weren’t intended to support the heavy bodies so many of us now have.  Our remote ancestors were lucky to have anything at all to eat.  You didn’t find any fatties on the savannas in prehistoric Africa.  All of this has made joint replacement, especially hips, an important and lucrative field for orthopedic surgeons. The hip replacement is a wonderful surgery.  It has improved the lives of many people who…
On October 2, the filing fees USCIS charges for many of its applications and petitions will change. The rule change published on August 3, 2020 also removes certain fee exemptions and changes fee waiver requirements. Furthermore, the premium processing time limit is being extended. Filing an application, petition, or request postmarked on or after October 2, 2020 requires the correct new fee or USCIS will reject it. For employers who sponsor workers, the fees are increasing. For example, the fee to sponsor an employee’s L visa is increasing 75 percent. Before the rule change, USCIS charged $460; the new fee…
In the normal delivery of an infant, the mother’s contractions and voluntary pushing help the baby move through the birth canal to delivery. However, sometimes there are complications that prevent the normal progress of the baby through the birth canal. One such complication is shoulder dystocia. Shoulder Dystocia Injuries are Preventable. Shoulder dystocia is a relatively uncommon occurrence, happening in between 0.5-3% of deliveries. (Gherman, RB. Shoulder dystocia: an evidence-based evaluation of the obstetric nightmare. Clin Obstet Gynecol. 2002 Jun. 45(2):345-62.) This complication occurs in vaginal births when one or both shoulders of the infant becomes impacted or “stuck” against…
For quite a few years now, we have been bombarded with references to “pre-existing conditions.”  All politicians seem to promise that they will protect the voters from losing coverage for pre-existing conditions.  A review of the record and of the facts of insurance coverage show that many of these politicians are not telling the truth.  In order to understand the issue and to determine who is telling the truth and who is not, a brief review of the elements of insurance is in order. Insurance is a means of spreading the risk.  For example, we know that a certain number…