Miscellaneous

• Application of Comparative Fault to Business Torts

  Geoff Trachtenberg | April 03, 2007 10:13 PM | 0 CommentsScottsdale, AZ

  Most states have adopted a form of comparative fault. The idea behind newer comparative fault laws is to ameliorate some of the harsh results of the common law, but it can have the opposite effect in the business context.In a "pure" comparative fault state, such as Arizona, a defendant is only responsible for the percentage of fault assigned to it by the jury. So, while your damages maybe $1...

• Understanding the Compulsory Arbitration System in Personal Injury Cases From Both Perspectives

  Geoff Trachtenberg | April 02, 2007 8:22 PM | 0 CommentsScottsdale, AZ

  Like many states, Arizona has a compulsory arbitration system in place for "smaller" disputes. Depending upon the County where the action is brought and the amount sought (e.g., less than $50,000 in Maricopa County), these matters are subject to mandatory court-annexed arbitration. Such claims are supposed to be conducted on an accelerated schedule and decided by a court-appointed arbitrator...

• Legal Malpractice and Breach of Fiduciary Duty

  Geoff Trachtenberg | March 31, 2007 9:46 AM | 0 CommentsScottsdale, AZ

  Many people do not understand the difference between legal malpractice and breach of fiduciary duty.Legal malpractice arises when an attorney owes someone a duty of care and, by an act or omission, the attorney's conduct breaches that duty of care and causes that person cognizable harm. While the "person" harmed is typically a client, an attorney-client relationship is not required and legal...

• 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...

• Legal Malpractice Can Be a Function of Minutes

  Geoff Trachtenberg | March 29, 2007 8:39 PM | 0 CommentsScottsdale, AZ

  Attorneys know that deadlines matter, but in this age of electronic filing and 24-hour drop boxes it was just a matter of time before a court would have to address a filing that was, say, a mere six minutes late. That is what the United States Court of Appeals for the 10th Circuit had to deal with and this is what they had to say about it:Six minutes seems trivial and unlikely to cause...

• Can a Medical Provider Bill You After Accepting Insurance Payment in a Personal Injury Matter?

  Geoff Trachtenberg | March 28, 2007 10:26 AM | 0 CommentsScottsdale, AZ

  Sometimes, when a medical provider learns there is a third-party at fault for an injury, they bill an injured party's insurance and then seek to recover the "balance" from the injured person's recovery. In fact, sometimes they even try to collect twice (which is fraud, and well-beyond the scope of this article), but can they even attempt to collect the "balance" of the bill after accepting...

• Why You Need an Attorney That Knows How to Resolve Liens in a Personal Injury Matter

  Geoff Trachtenberg | March 27, 2007 9:15 AM | 0 CommentsScottsdale, AZ

  There's a saying concerning doctors that applies with equal force to lawyers:Do you know what they call the person graduating medical school in the bottom of their class?"Doctor."On par with hiring an attorney with superior personal injury knowledge and experience is finding an attorney with the knowledge and skill to properly resolve healthcare-related liens. Such an attorney can make the...

• Attorney Referrals Used to Show Bias In Personal Injury Suits

  Geoff Trachtenberg | March 26, 2007 11:21 AM | 0 CommentsScottsdale, AZ

  It might surprise you, but defense lawyers salivate over attorney referrals to medical providers. Indeed, "attorney referral" is even a factor in the pre-litigation "evaluation" systems used by insurers. Defense lawyers make the argument that, where a tort victim goes to an attorney and gets a doctor referral, the injured person's care is suspect and/or "attorney-driven," regardless of any...

• Insurance: Negligent Infliction of Emotional Distress

  Geoff Trachtenberg | March 24, 2007 9:28 PM | 0 CommentsScottsdale, AZ

  Negligent infliction of emotional distress claims often arise where someone who is in the "zone of danger," i.e., subject to being injured, and they witness a family member's injury or death. Like most serious injury claims, limited insurance can present a barrier to recovery. Recently, however, the Arizona Court of Appeals held that a negligent infliction of emotional distress claim is...

• Like a Good Neighbor?

  Geoff Trachtenberg | March 22, 2007 10:17 PM | 1 CommentScottsdale, AZ

  Randy Udelman reports on the record profits from State Farm Insurance, noting:In the midst of its record-setting year, according to a recent story on CNN, State Farm apparently adopted a policy to minimize settlement offers for low-impact motor vehicle collisions forcing accident victims to take substantially low settlement offers or spent significant costs in litigation. Moreover, Katrina...