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• Personal Injury Lawsuit Filed After BBQ Explosion

  Geoff Trachtenberg | April 25, 2007 1:35 PM | 0 CommentsScottsdale, AZ

  We recently filed suit on behalf of a man who was severely injured as a result of a built-in barbeque explosion.The man, visiting from out of town, was asked to assist in lighting or operating the built-in barbeque. Suddenly the barbeque exploded resulting in 2nd and 3rd degree burns on well over one-half of the man's body.Although the investigation is not yet complete, it appears the built-in...

• The Basics of Legal Malpractice

  Geoff Trachtenberg | April 24, 2007 10:14 AM | 0 CommentsScottsdale, AZ

  The essence of legal malpractice is to show that a lawyer improperly did, or failed to do, something specific that, had the lawyer done properly, would have resulted in a measurably better outcome. Sounds simple enough, but it gets more complicated in practice.First, consider the specific act or omission. It's not enough to say a lawyer "did not do a good enough job." You need something...

• 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...

• 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...

• 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...

• Do You Know Your Contract Terms?

  Geoff Trachtenberg | April 07, 2007 1:32 PM | 0 CommentsScottsdale, AZ

  A recent national poll revealed that as many as 34% of homeowners do not even know what type of mortgage they had on their home. So, perhaps not surprisingly, many employees and business owners are unaware of the terms governing their contracts.If you have a business dispute the first thing you need is get to know your written contract -- what's that, you don't have one? Well, then you...

• Intoxicated Drivers Can Be Subject to Punitive Damages

  Geoff Trachtenberg | March 30, 2007 11:33 AM | 0 CommentsScottsdale, AZ

  An intoxicated defendant who injures someone is often exposed to punitive damages. Arizona Appellate Courts have unanimously affirmed punitive damage awards against drunk drivers in cases where it is proven that intoxicated driving was a proximate cause of the collision.An intoxicated defendant who injures someone is often exposed to punitive damages. Arizona Appellate Courts have unanimously...

• Mistakes That Give Rise to an Inference of Negligence

  Geoff Trachtenberg | March 21, 2007 9:53 AM | 0 CommentsScottsdale, AZ

  Sometimes mistakes are so obvious that the law permits an inference of negligence. The legal term for this type of situation is res ipsa loquitur and, in Arizona, applies where (1) in the normal course of events, the accident would not have occurred unless defendant was negligent; (2) the accident occurred as a result of an instrumentality that was under defendant's exclusive control; and (3)...

• Negligent Injury or Death of a Pet

  Geoff Trachtenberg | March 20, 2007 8:06 PM | 0 CommentsScottsdale, AZ

  For many pet-owners, pets are more like family members than simple property, so what happens when a pet is negligently injured or worse? Historically, those pets were treated just like property and the owners were simply entitled to the "market value" or "replacement value" of the pets. While the law varies from state to state, in Arizona the courts have suggested that pet owners may have a...