I walked out from the office today with some of my colleagues to grab some lunch. I walked passed the rear of my car when I noticed a fairly decent-sized scratch and dent along the back left hand side of my bumper. It looked relatively fresh. I thought, “when did that happen? Was it at the gym this morning? At church yesterday?”Whatever the case, I called my auto insurance company and set up a collision claim. Sure, I’ve got a deductible, but I was certain the repair was going to well exceed that amount. My conversation with the insurance representative
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Adam Barlow Blogs
Latest from Adam Barlow
https://www.arizonaattorneydaily.com/2014/10/35618/
Components of a WINNING Slip-and-Fall or Trip-and-Fall Case
If you have been injured at some “big box store,” and you
are having a hard time finding an attorney that will run with your case, you
are not alone. Slip and Fall (and Trip
and Fall) cases can be very difficult to win and expensive to litigate. Part of the problem is that to prove your
case, you have to show that the store has some “fault” for what happened. Most
people feel like “well, I was injured on their property, so that means they
have to take care of me.”
are having a hard time finding an attorney that will run with your case, you
are not alone. Slip and Fall (and Trip
and Fall) cases can be very difficult to win and expensive to litigate. Part of the problem is that to prove your
case, you have to show that the store has some “fault” for what happened. Most
people feel like “well, I was injured on their property, so that means they
have to take care of me.”
Continue Reading https://www.arizonaattorneydaily.com/2014/10/35618/
When Are Punitive Damages Appropriate?
Generally, an award for punitive damages requires the offending party to have some form of “intent” in their conduct.
“Punitive damages” are special punishment fees a party may have to pay for egregious acts. Punitive damages, when applied, are paid in addition to the money a party must pay as compensation for the damages their acts caused. In 2008, the United States Supreme Court said that punitive damages “are aimed not at compensation but principally at retribution and deterring harmful conduct.” Exxon Shipping Co. v. Baker, 554 U.S. 471, 492, 128 S. Ct. 2605, 2621, 171 L. Ed. 2d
I Think I Signed a Waiver, But I Got Injured. Now What?
–> The state of Arizona is very friendly to you. While they can be enforceable in certain situations, they are highly disfavored.
As a participant in some sporting event such as go-cart racing, a mud run event, or other physical activity, there is a risk of getting injured. Owners or organizers of these activities, in an attempt to avoid lawsuits, will often require a waiver be signed by the participants in an attempt to limit the owner or organizers’ exposure.
Generally, injuries will occur in one of three ways:
1. The activity in question has some inherent risks. For example,
Continue Reading I Think I Signed a Waiver, But I Got Injured. Now What?
No Chase Policy
Many police departments, including Arizona’s own Phoenix Police Department, are instituting policies which limit officers’ ability to give chase to fleeing vehicles, much to the chagrin of the makers of “World’s Most Dangerous Police Chases 8.” Not only does this impact the high speed chase to the Mexican border you were planning in the Spring, but it could affect liability if you are involved in an accident resulting from police pursuit.
In the past, police enforcement policies were often influenced by the concept of governmental immunity. In short form, this basically means that individuals cannot bring suit against the government
Who Has Keys To Your Hotel Room?
–>
The last time I stayed in a hotel, I was in Florida at the Disney World Swan Resort. That was before I entered law school and my primary source of income became fantasy football. However, some people make more than $100 per year and can afford to stay in a hotel now and then. But if you are one of the lucky few whose livelihoods don’t depend on Ron Gronkowski’s high ankle sprain, you are probably unaware of what your favorite hotel might (or might not) be doing to protect themselves from you.
Arizona follows the Restatement Second, Agency
Facebook and Personal Injury
“I was just in a car accident today, everything seems fine.”“I am doing really great today. I am almost doing everything I used to do.”“I am back to work and everything is going great.”“No real complaints today.”Facebook and other social networking make it as easy as a cell phone click to communicate with “friends” and family. When something significant occurs in our lives, one of the first things we do is share that thought online. Something as traumatic as a car accident or other injury is sure to get you dozens of “likes.” Having someone “like” one of your
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Who Do You Have to Pay From Your Settlement?
Personal injury settlements have become the lifeblood for a number of related industries. Auto body repair locations, chiropractors, rehabilitation facilities, physical therapy, litigation lending institutions, subrogation attorneys and yours truly are just a few.
Obtaining an acceptable offer from the at -fault party, or their corresponding insurance company, is only part of the battle. The next major hurdle is which outstretched hands have a right to funds, and then how much goes to which hand?
When an entity files paperwork with the County alleging an interest in your settlement, what they have done is filed a lien. Sometimes, a
Continue Reading Who Do You Have to Pay From Your Settlement?
How To Do Your Own Injury Claim
To start, remember this: I know a situation where an individual sought to have his hospital bill reduced. He offered $300 to settle the $900 bill. He was laughed at. The next day, his attorney wrote a letter offering the same $300. It was accepted hours later.A personal injury claim should not be viewed as a way to fleece the system or to “strike it rich.” It is the best mechanism we we have in our social community to make a unfortunate circumstance “right.” However, you have to remember that reasonable minds can disagree as to what it might take
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Was the Coffee Really Too Hot?
As an injury attorney, all too often I am confronted by friends, clients and others with the skepticism of “that lady who got $10 Million from McDonalds because her coffee was too hot.” As a Seinfeld fan, I am reminded about the episode where Kramer suffered a similar fate when he spilled a latte on his lap while trying to sneak it in to a movie theater. The Seinfeld writers made a mockery of the now infamous McDonald’s Coffee case through their portrayal of the character Jackie Chiles who served as Kramer’s attorney against the latte company. (Kramer was
Selecting Car Insurance in Arizona
Arizona, like some states, requires $15,000.00 per person/$30,000.00 per accident liability insurance ($10,000.00 for property damage). This is often referred to as “the state minimum.” This means that if you cause an accident, the maximum amount that the person who was injured due to your negligence would be able to recover from your insurance company would be $15,000.00 for their injuries. If there were 3 or more people in the car, the most that all individuals combined could recover is $30,000.00. Because of the speed, size and number of vehicles on the road, it often results that individuals injured in
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What Do I Do If I’m In An Accident?
Getting into an accident is traumatic in and of itself. The shock of collision happening, the concern for your health and that of your passengers, the loss of a vehicle, so on and so on. This is a list of considerations that will help you face that difficult time:1. Health: Your health is always a first priority: Seek immediate medical attention. Car accidents can be very traumatic and startling events. The excitement and shock of the moment will often mask symptoms of a neck, back or other injury that will last much longer than the accident’s initial shock.2. Do not
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I’ve never used a Personal Injury Lawyer
“I’ve never used a personal injury lawyer, the last thing I want is an ambulance chaser!”After most car accidents, the most pressing concern for a majority of people is getting their car fixed or replaced. After all, life comes to a screeching halt the moment that you can no longer get to work, run the kids to day care, or get any place that life’s demands require of you.Once the bumper is replaced, the frame is straightened out, or the shiny new car is in the driveway, most car accident victims are satisfied that all is well. Sure there
Continue Reading I’ve never used a Personal Injury Lawyer
