All Topics

• Statute of Limitations in Uninsured and Underinsured Personal Injury Claims

  Geoff Trachtenberg | April 23, 2007 5:57 PM | 0 CommentsScottsdale, AZ

  Recently the Arizona Legislature enacted a new and shorter statute of limitations for UM/UIM claims. The applicable section is ARS 12-555.For uninsured motorist (UM) claims such claims, such claims must be made in writing within three years after the earliest of (i) the date you knew that the tortfeasor was uninsured; or (ii) the date you knows or should have known that coverage was denied by...

• The Difference Between Wrongful Death and Survival Actions

  Geoff Trachtenberg | April 22, 2007 9:44 AM | 0 CommentsScottsdale, AZ

  Arizona law provides for two causes of action when someone dies: a wrongful death claim and a survival action. The purpose of providing both actions is to give the parties damaged a complete remedy and opportunity to recover the loss sustained.The wrongful death action is intended to benefit certain survivors -- called statutory beneficiaries -- such as the decedent's parents, children, and...

• The Full Scope of Arizona's Wrongful Death Statute is Still Uncertain

  Geoff Trachtenberg | April 21, 2007 11:13 AM | 0 CommentsScottsdale, AZ

  Arizona's wrongful death statute still has some ambiguity. For example, ARS 12-612 permits a wrongful death claim to be brought "on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent's estate." What does this last part mean?What damages can the estate recover in a statutory wrongful death action (as opposed to a statutory...

• State Helmet Laws For Each Jurisdiction

  Geoff Trachtenberg | April 20, 2007 12:42 PM | 0 CommentsScottsdale, AZ

  While helmet usage should be everyone's priority, not every state requires helmets for every type of rider. In fact, most states still only require helmets for certain age riders and the majority of states still leave helmet usage up to the individual rider.An excellent summary of helmet law requirements can be found at the Law Tigers website, or by clicking here.

• Is a Medical Malpractice Claim "Mature" If There Is No Present Injury?

  Geoff Trachtenberg | April 19, 2007 8:57 AM | 0 CommentsScottsdale, AZ

  As a rule, every medical malpractice claim must have four elements -- duty, breach, causation and damages -- and, at least as a general rule, you need all of them to have a cognizable claim. Sometimes, however, there can be an issue as to when a claim is "mature," i.e., complete or ripe.Take, for example, a person who has an increased risk of disease because he has been exposed to a defective...

• So, You Say You Have "Full Coverage" -- Well, You Don't.

  Geoff Trachtenberg | April 18, 2007 9:33 PM | 0 CommentsScottsdale, AZ

  Let me make this clear: there is no such thing as full coverage. It's really that simple.What types of coverage is there? There's first-party coverages, such as comprehensive, collision, medical payments, and underinsured and uninsured motorist. Then there's third-party coverages such as property damage and bodily injury. And then there are other coverages, such as rental and towing.But...

• Hurt? Injured? Need a Lawyer? Too Bad!

  Geoff Trachtenberg | April 17, 2007 9:07 PM | 0 CommentsScottsdale, AZ

  Two years ago, rich and powerful Texans said lawsuits were ruining the state's economy and needed to be fairer. Today, thanks to tort reform, they are fairer -- for business. Ordinary people are out of luck.by Mimi SwartzLIKE A LOT OF OLD-FASHIONED TEXANS, Alvin Berry is the kind of man who bears the pain and indignities of life with good grace. At 73, Alvin has never been a rich man, but in his...

• Tax Consequences of Non-Physical Injury Damage Awards

  Geoff Trachtenberg | April 16, 2007 8:15 PM | 0 CommentsScottsdale, AZ

  Genrally, personal injury recoveries for bodily injuries are not subject to income tax, but recoveries for lost income are taxable. What, then, about non-physical personal injury (i.e., emotional distress and loss of reputation) unrelated to lost wages or earnings? Believe it or not, the government wanted to tax this recovery pursuant to § 104(a)(2) of the tax code. Thankfully, the D.C....

• Minor's Claim for Medical Bills Belongs to Parents Absent a "Waiver"

  Geoff Trachtenberg | April 14, 2007 11:09 AM | 0 CommentsScottsdale, AZ

  New decision from Division One entitled Lopez v. Cole. In short, the court held that based upon existing Supreme Court precedent, i.e., Pearson & Dickerson Contractors Inc. v. Harrington, 60 Ariz. 354, 137 P.2d 381 (1943), a claim for medical bills belongs to parents absent a "waiver" (and is, therefore subject to a two year SOL), but that a parent's failure to bring a claim within the two year...

• The Nature of the Wrongful Death Remedy

  Geoff Trachtenberg | April 13, 2007 10:33 AM | 0 CommentsScottsdale, AZ

  Unlike most injury claims, wrongful death claims are governed by statute. This has some important and surprising consequences.By way of some background, the reason wrongful death statutes were enacted was because, at common law, there was no such cause of action. As a result, it was often cheaper to kill someone than it was to simply injure them (there was a saying that, "if your carriage runs...