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Arizona Is a Right to Work State – How Does That Affect Worker’s Compensation Claims?

Mon, 20 Mar 2023 20:36:26 GMT

Arizona Is a Right to Work State – How Does That Affect Worker’s Compensation Claims?

Arizona is a right to work state, which means that employees are not required to join a union or pay any fees to keep their job. However, what impact does this have on workers' compensation claims?

You can still pursue a worker’s compensation claim after a work-related injury, regardless of Arizona’s Right to Work status.

Worker’s compensation claims can become complicated and while you may believe that your claim is cut and dry, it is always best to hire an experienced attorney to handle your claim to assure you get the compensation you deserve after a work-related injury.

What Is a Right to Work State?

A right to work state is a state in which employees are not required to join or pay dues to a union as a condition of employment. The law was created to protect the rights of workers who choose not to join a union. The law has been found to limit the power of labor unions, which some view as an advantage for employers.

In Arizona, employees may choose to opt out of joining a union and will still be eligible to receive the same benefits and wages as those who are part of a union. However, this does not mean that workers are left without legal representation or without the ability to file workers' compensation claims.

What Does the Right to Work Mean for Employees in Arizona?

Being a right to work state means that workers in Arizona are not required to join or pay dues to a union to secure employment.

It also allows employers to make agreements with employees that waive certain rights related to a union’s collective bargaining process. This can have a negative impact on workers' compensation claims in Arizona.

Workers may need to take extra steps to ensure their rights are protected when filing a claim, such as hiring legal representation. Legal representation can provide advice on how best to navigate the workers' compensation system and pursue any potential benefits.

Working with an experienced attorney can be invaluable in helping you understand your rights and get the best possible outcome for your claim.

How Does the Right to Work Law Affect Workers' Compensation Claims?

In a right to work state like Arizona, employers are not allowed to deny employees the right to file workers’ compensation claims. This means that regardless of whether they are unionized or not, all employees have the same rights and protections when it comes to filing for workers’ compensation benefits.

If an employee is injured on the job, their rights to pursue a claim remain the same. If an employer does attempt to deny an employee’s claim for any reason, the employee can still file a complaint with the Industrial Commission of Arizona .

The process for filing a claim in Arizona is largely similar to other states, although there are a few nuances that must be taken into consideration. First, all claims must be reported within one year of the date of the accident. If the claim is not reported within this time frame, the employee may lose their right to compensation.

Finally, workers’ compensation benefits are only available to employees who were injured as a result of their job duties and were unable to perform their normal job activities because of their injury.

Employees must prove that the injury was caused by job-related activities before they can hold employers liable for workers’ compensation benefits.

Hire Legal Representation Through PHX Elite

For more information on workers' compensation in Arizona and how to pursue a claim, it is best to consult with a qualified attorney. At PHX Elite, we connect you with experienced attorneys who have the knowledge and resources to help you navigate the legal system and obtain the compensation you deserve for your injury. Contact us online to find the best lawyer for your claim.

Do Arizona Courts Require Attendance for Personal Injury Claims?

Mon, 13 Mar 2023 20:27:48 GMT

Do Arizona Courts Require Attendance for Personal Injury Claims?

If you have suffered a personal injury in Arizona due to someone else's negligence, you may be wondering whether you need to attend court for your claim.

Filing a claim is a daunting task that can be even more intimidating if you’re summoned to a court hearing.

The good news is that most cases are settled out of court, and it is unlikely that you will have to attend a court hearing. Each case is different though, and depending on the circumstances of your case, attendance might be necessary.

Hiring a skilled personal injury lawyer can be beneficial in a lot of ways, including helping you achieve the best possible settlement for your case and avoiding time spent in court. However, if a settlement is unachievable, an experienced trial lawyer can help you fight for your rights in civil court.

What Are the Requirements for Filing a Personal Injury Claim in Arizona?

The requirements for filing a personal injury claim in Arizona will depend on the type of claim and the circumstances of your case.

Generally speaking, you will need to establish that you have suffered some kind of loss due to another person's negligence or wrongful conduct.

In Arizona, certain types of cases are subject to the legal doctrine of strict liability, which means that an individual can be held liable for damages even if they were not at fault. This is frequently seen in dog bite cases, where the owner of the animal is liable for any injuries caused by the pet.

In addition to establishing liability, you must also provide evidence of the losses you have incurred due to the injury. This could include medical expenses, lost wages, pain and suffering and other out-of-pocket costs.

As part of the claim, you may need to attend court to present your evidence and make your case before a judge or jury. In many instances, however, it may be possible to negotiate an out-of-court settlement with the other party and avoid having to go to court.

It is important to consult with an experienced personal injury lawyer who can guide you through the process and help you build a compelling case against the defendant.

What Are Some Common Types of Personal Injury Claims?

When it comes to personal injury claims, some of the most common types include motor vehicle accidents, slips and falls, medical malpractice, product liability and dog bites.

Motor vehicle accidents occur when a negligent driver causes an injury or property damage to another person.
Slips and falls are often the result of hazardous conditions on someone’s property that could have been prevented.
Medical malpractice happens when a medical professional fails to meet the accepted standards of care and cause injury or death to a patient.
Product liability is when a manufacturer is responsible for producing a faulty product.

Lastly, strict liability tort cases include dog bites , meaning a person does not have to prove the animal’s owner was negligent or careless to be held responsible for the injury. In these cases, an injured person is entitled to compensation regardless of the fault of the owner.

There are a few exceptions to this. For example, if you antagonized the dog or trespassed on the dog owner’s property and this led to the dog bite, you might have difficulty proving liability in court.

What Is a Strict Liability Tort?

A strict liability tort is a type of civil wrong, or tort, for which the defendant is held responsible even if they did not intend to act negligently.

This means that even if the defendant took all reasonable steps to prevent the harm from occurring, they would still be liable.

For example, in a case of product liability, the manufacturer or seller of a product may be held strictly liable for any injuries caused by their product, even if they took all necessary safety precautions.

Similarly, in dog bite cases, the owner of a dog may be held strictly liable for any injuries caused by the dog, regardless of whether the owner took reasonable steps to prevent such harm from occurring.

Find the Right Phoenix, AZ Lawyer for Your Case

Each personal injury case is as unique as the individuals involved. An experienced lawyer will deftly manage your personal liability case and fight for your best interests. PHX Elite only works with the most skilled and trusted lawyers in Arizona.

We can direct you to an attorney that will work tirelessly for your best outcome. Learn more about our services online.

Boating in Arizona: The Best Places to Enjoy the Water

Mon, 06 Mar 2023 20:20:27 GMT

Boating in Arizona: The Best Places to Enjoy the Water

Boating in Arizona is a great way to explore the state's diverse landscape and enjoy the sunshine. Whether you're looking for a day out on the lake, a leisurely cruise down the river or a weekend of fishing, Arizona has plenty of options for boaters of all levels.

When it comes to boating in Arizona, it is important to follow all the local laws and regulations to ensure your safety and the safety of others. Boaters should always practice caution on the water, wear a life jacket and be aware of their surroundings.

Unfortunately, accidents can still occur on the water, and if you find yourself in such a situation, you may need legal representation. The attorneys recommended by PHX Elite Lawyers are experienced in boating accident law and can help you recover compensation for any injuries or damages sustained in a boating accident.

Canyon Lake

Canyon Lake is a beautiful, serene spot you can enjoy while boating in Arizona. Located in the Tonto National Forest, it is one of the four reservoirs that make up the Salt River chain. Canyon Lake offers great fishing and waterskiing opportunities, as well as plenty of nearby campgrounds for those who want to spend the weekend on the lake. If you're looking for a peaceful place to take your boat out, Canyon Lake is definitely worth considering.

Lake Powell

Located on the Utah-Arizona border, Lake Powell is a breathtaking oasis that offers plenty of opportunities to explore the surrounding canyons, take in some breathtaking views and enjoy some outdoor recreation. This lake is one of the most popular places to go boating in Arizona as it offers more than 2,000 miles of shoreline and several islands perfect for exploring.

Boaters will find all sorts of activities here from fishing and swimming to jet skiing and waterskiing.

Saguaro Lake

Located in the Sonoran Desert just north of the Phoenix metropolitan area, Saguaro Lake is a popular spot for boating and fishing. With high sandstone cliffs and its cool, clear water, Saguaro Lake offers a peaceful atmosphere for both recreational boaters and serious fishermen. It is the fourth largest of six reservoirs on the Salt River, fed by the Verde River and Scottsdale Canal.

When it comes to boating, Saguaro Lake provides plenty of activities. The lake is home to many water sports such as wakeboarding, water skiing, tubing, and kayaking. It also provides plenty of fishing spots where visitors can catch largemouth bass, sunfish, catfish and carp.

Patagonia Lake

Patagonia Lake State Park is the perfect destination for a day or weekend of boating in Arizona. This lake is located just 45 minutes south of Tucson and offers a picturesque backdrop of mountains and rolling hills. Boaters will find plenty to do at Patagonia Lake, such as swimming, fishing, camping and of course, boating. Motorboats are permitted on the lake, so visitors can take a leisurely cruise around the lake's perimeter or try some watersports like wakeboarding or waterskiing. There's even a boat launch for easy access.

When it comes to safety, Patagonia Lake has plenty of precautions in place to ensure a safe and enjoyable boating experience, including a park ranger in service.

What to do After a Boating Accident

No one likes to think about it, but accidents can and do happen on the water. If you’ve been in a boating accident in Arizona, you may be feeling overwhelmed and uncertain about what to do. Here are the steps you should take:

Seek medical attention. The health and safety of those involved should always be your first priority . Even if you feel fine, it’s important to get checked out by a doctor as soon as possible.
Contact the local law enforcement agency. In most cases, the police or another law enforcement agency will investigate any boating accidents involving serious injury or death. Make sure to provide a detailed report of what happened during the incident. Be sure to stick to facts, avoid admitting fault and let law enforcement conduct their own unbiased investigation.
Document everything. Get the contact information of any witnesses, take pictures of the damage and save any receipts from medical care or property repairs related to the accident. This can be useful if you decide to pursue legal action.
Contact your insurance company. It’s important to inform them about the accident as soon as possible so that they can start processing your claim.
Consider legal representation. If you’ve been seriously injured or suffered financial loss due to someone else’s negligence or carelessness, it may be worth pursuing legal action with the help of an experienced personal injury attorney. Your attorney can help you understand your legal rights and fight for the compensation you deserve.

By following these steps, you can protect yourself after a boating accident in Arizona. If you’re looking for legal representation, contact PHX Elite to get connected with an experienced Phoenix-based attorney.

What Is the “Comparative Negligence” Rule in Arizona Tort Laws?

Mon, 20 Feb 2023 15:00:06 GMT

If you have been injured in an accident in Arizona (regardless of who is at fault), you can file a personal injury claim and you may be entitled to compensation. One of the key focus areas of a personal injury claim is proving negligence, which falls under Arizona’s comparative negligence laws.

This rule involves allocating damages when both parties appear to be at fault in an accident. Meaning, if you are in an accident that is partially your fault, you can still receive compensation for your injuries. The amount of compensation you can receive will depend on the percentage of damages you are found to be at fault for causing.

It’s important to work closely with an experienced Phoenix personal injury attorney if you have been injured in an accident because they can help you navigate Arizona tort laws, including the comparative negligence rule. Understanding comparative negligence and how it might affect your case can make all the difference in ensuring you receive fair compensation.

What Is Comparative Negligence?

Accident-related injuries are common among Arizona residents, especially on the road. Whether it’s a car, truck or motorcycle accident, filing a personal injury claim (with the help of a Phoenix attorney) can help determine fault and prove negligence.

Comparative negligence is referenced in instances where more than one party is at fault. This is because the comparative negligence rule allocates damages to ensure compensation is distributed to the injury victim(s) whenever possible. Even if the victim is 99 percent at fault for the accident, they may still be able to recover compensation under Arizona law.

How Much Can You Recover Under Comparative Negligence?

When you are injured in an accident in Arizona and more than one party is at fault, the comparative negligence rule will determine the amount of compensation you can receive. The amount you will be rewarded is dependent upon how much fault you were assigned in the aftermath of your accident.

For example, if you are awarded $40,000 in compensation but you were found to be at fault for 10 percent, you will only receive $36,000 in total compensation. This is why working with a personal injury lawyer can help protect your reputation, prove the other party’s negligence and increase the amount of compensation you are owed.

Keep in mind, if it’s proven you’ve intentionally caused an accident and contributed to someone’s injury, you’ll lose your right to comparative negligence.

What Are the Elements of Negligence?

Proving negligence can be a challenge when it comes to comparative negligence and personal injury claims. That’s why Phoenix lawyers work hard to prove the following elements of negligence in a personal injury case:

Duty of Care – Your lawyer must prove that the defendant owed you a duty of care.
Breach of Duty – Once a duty of care is established, your lawyer must demonstrate how the defendant breached their duty and failed to exercise reasonable care.
Causation – Your lawyer must provide legitimate evidence that the defendant’s actions caused your injuries.
Proof of Damages – Once all conditions above are met, your lawyer must validate your personal injury claim by providing proof of any sustained damages such as pain and suffering, medical bills, lost wages and more.

Were You Injured in an Accident? Find a Personal Injury Lawyer in Arizona

After getting into an accident, seeking immediate medical attention should be your top priority followed by recruiting legal assistance. Personal injury attorneys are experts in areas including car accidents, motorcycle accidents, dog bites, premises liability and more.

If you have sustained injuries after an incident, you might experience a number of damages including lost wages and medical costs. This is where hiring a personal injury lawyer in Phoenix can help strengthen your personal injury claim, keep your out-of-pocket expenses to a minimum and maximize your chances of receiving the compensation you deserve.

At PHX Elite Lawyers, we find trustworthy attorneys in Arizona and add them to a comprehensive list — making it easy for you to find the right legal team to take your case. Browse our list of reputable law firms in Phoenix and find an experienced personal injury attorney you can trust.

For more information or to schedule an appointment, reach out to one of the law groups listed on our website.

How Do Car Accidents Impact Your Car Insurance?

Mon, 13 Feb 2023 15:00:07 GMT

Car insurance is a vital and mandatory aspect of owning or driving a vehicle in the state of Arizona. If you are in a car, truck or motorcycle accident, liability insurance (yours versus the at-fault driver’s insurance policy) will cover things like property damages, bodily injury or death.

In Arizona, it is a requirement that every motor vehicle (i.e., car, truck, golf cart, motorcycle, moped, etc.) on the road is covered by liability insurance through an insurance company that is authorized to conduct business in the state. It is also mandatory that each driver’s insurance policy checks all the minimum requirements set by Arizona.

Car insurance is there to protect you and other drivers on the road by covering the costly consequences that follow a car accident . This is why it is so important to understand your insurance policy, the coverage available and who is financially responsible for the damages in the event of a crash.

What Is the Minimum Amount of Liability Car Insurance Coverage in Arizona?

The mandatory liability insurance law provides basic coverage for Arizona drivers after they have been in a car accident. Thanks to this law, all insured drivers in the state have the minimum coverage they need for medical bills, lost wages, property damages and more.

While it is not a requirement, you can request additional coverage from your insurance company, but it will likely cost you more money annually to pay for those premiums. Depending on factors like how much you drive, where you drive and your typical driving conditions, it may be a good idea to increase your coverage amounts. Once your maximum insurance limit is reached, it’s up to you to cover the remainder out of your own pocket. It's for this reason that higher insurance limits can benefit you by protecting your personal assets in the event of a serious car accident.

If you own or operate a motor vehicle of any kind in the state of Arizona, that vehicle must meet the following insurance coverage requirements:

A minimum coverage of $25,000 for one person’s bodily injury or death as a result of the accident caused by the insured driver
A minimum coverage of $50,000 for two or more people’s bodily injuries or deaths as a result of the accident caused by the insured driver
A minimum coverage of $15,000 for property damage as a result of the accident caused by the insured driver

What Car Insurance Premiums Might an Arizona Driver Use After Getting into an Accident that Wasn’t Their Fault?

If you have been in a car accident that wasn’t your fault, a number of insurance premiums may benefit you if you decide to add them to your policy. The following benefits are optional and are not a requirement of Arizona’s mandatory liability insurance law. Speak with a member of your insurance company to find out what premiums are available to you.

Medical payments (AKA “Med Pay”): You can add additional medical coverage to your insurance policy to cover medical care and expenses caused by an accident at the fault of another driver. Med Pay can also be used for covering injuries if you are hit by a car while walking, biking or running. Typically, $5,000 is the most common coverage amount when it comes to Med Pay benefits.

Collision: If you are still making payments on your vehicle, you may want to add collision coverage to your insurance policy. This optional benefit will cover any additional or remaining costs that are not covered by the at-fault driver’s insurance company or if the at-fault driver is uninsured.

Gap insurance: This type of auto insurance coverage that helps to cover the difference between the amount you owe on your car loan and the actual cash value of your vehicle in the event that it is totaled or stolen. It can help to protect you from financial loss if your car is damaged beyond repair or stolen.

Underinsured or uninsured motorist coverage (UIM/UM): This optional coverage benefit protects you against at-fault drivers who are either underinsured or uninsured (including hit-and-run collisions). With UIM/UM coverage, you can submit a claim for your injuries, any damages, lost wages, pain and suffering, medical bills and more.

Rental coverage: If your vehicle needs to be repaired or appraised for its total loss fair market value, you will likely require access to a car in the meantime. This is where rental car coverage can be a huge benefit to add to your insurance policy.

Will My Insurance Rate Go Up if I Get into a Car Accident?

One of the most common misconceptions about getting into an accident is the increase in your insurance rate. If you get into an accident in Arizona that was not your fault, your insurance company is not legally permitted to raise your insurance rate.

However, insurance companies are notorious for raising insurance rates for factors that might include:

A growth in Arizona’s population
An increase in uninsured drivers on the road
A greater number of accidents in your zip code
Dangerous weather conditions (a factor that is least likely to occur in Phoenix)

Are you worried about your insurance rate going up after getting into a car accident? Hiring a car accident lawyer can help prove the other driver’s negligence and keep your insurance rate low.

You May Need an Experienced Phoenix Car Accident Attorney on Your Side

Arizona’s roadways are often a very dangerous place, especially when you consider the number of drivers who are uninsured. Don’t allow the at-fault driver’s insurance company to belittle your damages or try to place the blame on you.

Connect with one of our highly trained and experienced car accident attorneys listed on PHX Elite Lawyers and get the legal representation you deserve.

Boating in Arizona: Wearable Device Laws and Requirements

Mon, 06 Feb 2023 17:46:19 GMT

The desert climate makes boating in Arizona possible year-round, especially as boaters look to cool off in hotter temperatures. From expansive lakes like Saguaro Lake and Lake Powell to canyon-weaving rivers like the Colorado River and Salt River, it’s no wonder that some Valley residents consider taking up boating as a hobby.

While boating is a popular outdoor pastime in the summer, it can be dangerous if you don’t adhere to Arizona's boating laws and regulations. The state upholds these laws and requirements to ensure boaters practice safe boating etiquette to keep themselves and other water enthusiasts out of harm's way. One mistake or careless boater is sometimes all it takes to cause a boat accident .

If you own a boat or plan to rent one, it’s important you know and understand Arizona boating laws to ensure you have the best (and safest) experience on the water as possible.

Wearable flotation devices like a vest or jacket are some of the key safety requirements while operating or occupying a boat in the state of Arizona. This is one rule you do not want to break because all watercrafts are required to carry flotation devices (wearable, throwable or both).

What Are Arizona’s Requirements for Wearable Devices on Boats?

All watercraft in Arizona must follow these flotation device laws and requirements:

Personal flotation devices, including wearable and throwable devices must be approved by the United States Coast Guard (USCG)

Children 12 years and younger are required by law to wear a USCG-approved personal flotation device (type I, II or III) anytime the watercraft is underway (this is not a requirement for adults)

Boats under 16 feet, including all kayaks and canoes must carry at least one personal flotation device (wearable or throwable) for each person on board the watercraft

Boats 16 feet and over are required to carry at least one throwable device (i.e., cushion or ring buoy) and a wearable device (i.e., vest or jacket) for each person on board

Any person being towed or wakesurfing behind a watercraft must wear a personal flotation device (like a life jacket) or buoyant belt

Although not required by law, all pets aboard a watercraft should also have a wearable device.

What Are the Different Types of Wearable Devices?

According to the BoatUS Foundation for Boating Safety and Clean Water , there are different types of flotation devices to choose from depending on the boating activity. All flotation devices have their own set of recommended uses and features, giving boaters a selection of wearable and throwable devices.

To ensure you and your boat passengers are safe, be sure to have the correct flotation devices on board as designated by their intended use or activity.

Some of the common flotation devices may include:

Type I (Inherently Buoyant) – These flotation devices work best in open, remote or rough waters where rescue may take longer to arrive because they offer the best protection and keeps a person’s head above water. They should be used while performing boating activities, such as cruising, racing, offshore fishing or in stormy conditions or while boating alone.

Minimum buoyancy is 22 pounds for adults and 11 pounds for children

Type II (Inherently Buoyant) – These flotation devices are ideal in calm inland waters (close to shore) where immediate rescue is possible. Type II flotation devices provide less flotation than Type I, which means they are not suitable for an extended period of survival in rough waters and often require the wearer to tread water in order to keep their head above the surface.

Minimum buoyancy is 15.5 pounds for adults

Type III (Inherently Buoyant) – Similar to Type II, these flotation devices are best suited for inland waters during supervised activities, such as water skiing, fishing, kayaking, dingy races, etc. Type II devices are not designed for turning an unconscious person face up in the water.

Minimum buoyancy is 15.5 pounds for adults

Type IV (Throwable Device) - These flotation devices are not intended to be worn but thrown to a person overboard to provide buoyancy or supplement the buoyancy of their wearable device. The device style ranges from a square cushion to a ring or horseshoe-shaped buoy and it should be readily available for immediate use.

Minimum buoyancy is 18 pounds for a square cushion or 16.5 pounds for a ring-styled buoy

Have You Been in a Boating Accident? Get in Touch with a Phoenix Lawyer Today

If you were in a boating accident due to another boater’s carelessness or failure to adhere to state boating laws, you may be eligible for compensation. Personal injury lawyers who specialize in boating accidents can help file your personal injury case and seek compensation for your losses.

We include only the best qualified lawyers on the PHX Elite Lawyers list to help connect you with a local law office after you’ve been injured in an accident. Explore our list of Phoenix attorneys and get in touch with a legal team today.

What Does the New Lane Filtering Law in Arizona Mean for Motorcycle Riders?

Mon, 21 Nov 2022 20:32:09 GMT

Lane filtering is a technique that allows motorcyclists to safely move to the front of an intersection while traffic is stopped at a red light. It is legal in a handful of states, including Arizona now.

Lane filtering entails maneuvering your way out of traffic lanes and in between stopped cars to the front of an intersection. When the light changes to green your motorcycle’s ability to rapidly accelerate should allow you to move ahead and filter back into traffic lanes.

Lane filtering is only legal in Arizona when certain traffic conditions exist:

You must be riding on a roadway with two or more adjacent travel lanes going in the same direction
The posted speed limit on the road must be 45 mph or less
You must not drive faster than 15 mph while passing between other vehicles

Lane filtering should not be confused with lane splitting. Lane splitting is a motorcycle riding technique in which a rider passes between lanes of slow-moving or stopped traffic.

California is the only state where lane splitting is legal. While lane splitting, the motorcyclist must not travel more than 10 mph faster than other vehicles.

Arizona Revised Statute 28-903.F is the law responsible for lane filtering being legal in Arizona. It was passed because of the high percentage of rear end collisions involving motorcycles stopped at red lights. If you were involved in a rear end collision as a motorcyclist and were harmed due to another driver’s negligence, we recommend getting in contact with a personal injury lawyer.

How the New Lane Filtering Law Passed

Maricopa County saw the greatest number of injuries and fatalities from vehicular collisions in Arizona. The Arizona Department of Transportation recently recorded an increase in collisions.

Rear ending is the most common form of collision in Arizona. This poses a greater risk for motorcyclists who don’t have the safety benefits afforded by cars, trucks and SUVs. Lane filtering is a way of providing motorcyclists with a safe way to avoid being rear ended at traffic lights. Riders should remain cautious of the potential of a driver running a red light or drifting into them and causing a collision.

The law went into effect September 24, 2022.

Who Advocated for the New Lane Filtering Law?

Senate Bill 1273 passed through Arizona House and Senate chambers and received bipartisan support for its ability to supply greater roadway safety. It was sponsored by Taylor Pace who clarified that lane filtering was different from lane splitting.

Lane filtering was also strongly advocated for by motorcyclist leagues, most notably by Michael Infanzon of the American Brotherhood Aimed Toward Education (ABATE).

The bill was passed by the Governor’s Office of Highway Safety and was signed by Arizona Governor Doug Ducey in March 2022. It was modeled after Utah’s lane filtering laws.

What Was the Previous Law

Previously, lane filtering was not legal in Arizona and continues to be illegal in many states in the U.S. Lane filtering is currently only explicitly legal in four states: Arizona, California, Utah and Nevada. Some states, like New Mexico and Texas, have no clear legislation on the matter.

If You Are Motorcyclist Who was Injured in a Collision, Consider Contacting a PHX Elite Lawyer

Should you find yourself in the unfortunate situation of needing legal aid after a collision, one of the highly experienced personal injury law firms listed on our site may be able to help . Every personal injury lawyer listed on PHX Elite Lawyers has a proven record of success in court and is well respected in the legal community.

Who Is at Fault If You Are Bitten by a Stray Dog

Mon, 14 Nov 2022 20:21:10 GMT

Dog bites can be traumatic on multiple levels. They can leave you with severe wounds that require expensive medical attention. Victims may also experience serious long-term consequences like scars or a great amount of emotional distress.

Unfortunately, if you are bitten by a stray dog, you don’t have many legal options in Arizona if the owner can’t be located.

If you made a formal complaint to animal control about the stray dog prior to being bitten and you can prove animal control services failed to respond appropriately, then you might have legal recourse against the city. Other than that, your best option to recover losses after a stray dog bite is to find the owner.

In Arizona, dog owners are subject to strict liability laws. It is their legal obligation to keep their pets from attacking or biting people. If you were harmed in a dog attack, we recommend consulting with an experienced Phoenix personal injury law firm .

Arizona Liability Laws for Dog Bites

There are two types of dog attack and dog bite claims that can be filed against an owner in Arizona. One is under “strict liability” and the other requires you to prove negligence on the part of the owner. Strict liability is a standard of liability that does not depend on actual negligence or the intent to harm. In Arizona, you have one year from the date of the attack to file a claim against the owner of the dog.

Strick Liability Laws

The “Dog at Large” law ( Arizona Revised Statute §11-1020 ) is a strict liability law. It requires owners to keep their dogs leashed when not on their property. If the dog escaped the yard and you were harmed, the owner is responsible for their dog’s actions. The dog does not have to make physical contact with you to still be subject to this law. If you fell or incidentally harmed yourself while attempting to escape the dog, the owner is still liable for your injuries.

If the dog bit you it does not matter if the dog was leashed or on the owner’s property. The owner is fully responsible for your injuries unless you provoked the attack.

General Negligence Laws

Some states have what’s known as the “one free bite rule”. If the owner was walking their dog and you were harmed by the dog, you might be required to prove that the owner knew their dog had a predisposition for violence and failed to take adequate steps to prevent attacks. If the dog has never attacked someone before, it can be difficult to prove that the owner should have taken greater care in preventing it from harming someone.

Arizona does not have a one bite rule, so dog owners can be held liable even on the first attack.

When the Owner May No Longer Be Liable

If you were trespassing on the owner’s property or provoked the dog prior to being harmed, the owner may no longer be liable for your injuries.

Provocation here means that a reasonable person would view your actions as provoking the dog to attack you or purposefully agitating the animal. There are several actions that can be counted as provocation. If the dog is chained and you enter its field of range, that can count as provocation.

Reaching for one of its toys or food might also be considered provocation.

In some states, provocation also applies to breaking up a dog fight and being harmed as a result. In Arizona, if you were breaking up a dog fight and were bitten that does not necessarily count as provocation because the dog was already in a provoked state regardless of your actions.

Contact a Phoenix Lawyer with a Proven Track Records of Success in Dog Bite Cases

The lawyers we list on PHX Elite Lawyers are highly rated and award-winning members of the legal community. We believe that a good lawyer exercises compassion and empathy for their clients while guiding their client to the best possible outcome for them.

If you were recently attacked by a dog or need a personal injury lawyer for other reasons, contact one of our listed lawyers online.

What Does Arizona Prop 209 Mean for Your Medical Bills

Mon, 07 Nov 2022 20:12:03 GMT

The 2022 midterm elections resulted in several changes to Arizona law. One of the new propositions, Prop 209, also known as the Predatory Debt Collection Act, sets limits on interest rates charged on medical debt.

Interest rates, including those attached to medical bills, are largely influenced by your credit score. A higher credit score shows a greater ability to pay off debt. When applied to medical bills, this means that the less a lender believes in your financial ability to return money borrowed, even for necessary medical expenses, the more they charge you.

In the U.S., 59 percent of bankruptcy filers attribute their bankruptcy to medical debt. In Arizona, more than one in four Arizonians have medical debt in collections.

Prop 209 received a large amount of support, with an estimated 72 percent of voters approving the proposition.

How Is Medical Debt Collected

Debt collection goes through several steps. When you have an outstanding debt due to a hospital or other institution, a debt collector or agency may take on the debt. The agency or collector will then become responsible for contacting you. In some cases, the debt collector may report delinquency to credit bureaus, lowering your credit score.

There is a time limit for debt collectors. In Arizona, the statute of limitations on medical debt runs out after six years. A debt collector must take you to court before then.

What Does Prop 209 Do

Prop 209 protects Arizonians from all predatory debt collection practices, not just medical ones, though its impact on medical debt collections was the highest priority. It will do this through a few measures, including increasing protected values of homes and vehicles. Primarily, it protects you by increasing the amount of your property that is exempt from debt collection. Following the introduction of Prop 209:

The amount of a homestead exempt from debt collection increased to $400,000
The value of household furnishings exempt from debt collection increased to $15,000
If you or your dependent have a disability, the value of household furnishings exempt from debt collection increases to $25,000
The amount of money in your bank account exempt from debt collection increased to $5,000

Following Prop 209, debt collectors are only allowed to collect 10 percent of your disposable income or 60 times the minimum wage, depending on which is higher. Prop 209 also placed a limit on the interest rate for medical debt, setting the limit at no more than three percent.

The increased values in the initiative were designed to match the yearly increase in the cost of living.

Who Supported Prop 209

Prop 209 was widely popular and there were few prominent campaigns against it. There were several outside interests that advocated for it by donating large sums of money in support of the proposition. It received financial contributions from several sources, including The Arizonians Fed Up With Failing Healthcare PAC, SEIU United Healthcare Workers and Healthcare Rising Arizona. SEIU United Healthcare Workers donated the greatest sum of money to campaigns for Prop 209.

What Does This Mean for Past Medical Bills

Unfortunately, Prop 209 does not retroactively previously paid medical debts.

Phoenix Lawyers Committed to Protecting Arizonans from Medical Debit

Injury accidents of all types are one of the most common causes of excessive medical debt. The people who cause those accidents should be forced to cover the medical bills – not the innocent victims. If you were injured by someone else’s negligence, you may be entitled to compensation for your medical care, lost wages and pain and suffering.

We have sought out Phoenix lawyers who have proven themselves in court and won’t encourage you to settle when it’s not in your interest to do so. All the lawyers listed on our site have a record of success in court and are highly rated.

Contact one of the elite lawyers of Phoenix today

What Are Arizona’s Boating Laws?

Mon, 25 Jul 2022 22:48:58 GMT

Despite what people living outside of Arizona may believe, there is in fact water within the borders of our state. As such, Arizona has laws in place regulating boat registration, safety equipment and proper boat operation to help reduce the probability of watercraft accidents and minimize the severity of injuries when accidents do occur.

Registration

An Arizona registration number is needed to operate, moor or anchor a motorized boat in Arizona’s lakes and rivers. Boats that are registered in another state or ones that will be in Arizona’s waters for less than 90 consecutive days are exempt from AZ registration requirements. The registration card must be onboard whenever the boat is in use.

Safety Equipment

Each passenger of a boat—including kayaks and canoes—must have a life jacket onboard that is certified by the United States Coast Guard Reserve. Adults do not need to wear their life jackets, but children 12 and younger are required to wear them. Adults who are wake surfing, water skiing or partaking in a similar activity where they are pulled by a boat must wear life jackets.

Life jackets should fit snugly and be easy to access in the event of an emergency. All boats that are over 16 feet in length, except for canoes and kayaks, must have a throwable flotation device. Navigation lights are required during periods of low visibility like fog and heavy rain.

Drugs and Alcohol

Anyone who operates a power-driven boat under the influence of drugs or alcohol will be charged with an OUI (Operating Under the Influence), which is essentially the boat equivalent of a DUI. Intoxicated boaters cause nearly a third of fatal boat accidents across the country. If someone’s blood alcohol concentration is over 20 percent, they could be fined and face jail time.

What Are Common Causes of Boating Accidents in Arizona?

Reckless Operation

Arizona’s Department of Game and Fish enforces boating laws to keep Arizona’s waterways safe. Violation of these laws—intentionally or otherwise—puts everyone in the water at increased risk.

Operator Inattention

A boat’s operator should always be aware of their surroundings, including the boat’s passengers, fixed objects in the water and moving objects like other watercraft and swimmers. Distractions or failure to notice these objects can lead to dangerous collisions.

Defective Parts

A boat operator’s negligence is not always the cause of accidents on Arizona waterways. Some boating accidents happen when the watercraft’s components do not work as intended. Faulty parts may impact a boat’s steering, buoyancy or a plethora of other functions. Defective boat parts can lead to severe bodily harm. The boat’s manufacturer is responsible for ensuring their products are safe. If they fail to conduct adequate product testing and quality control management before selling to customers, they may be held liable for injuries or deaths that occur due to defects.

What Should I Do After a Boating Accident?

It is best to remain calm if you are in a boating accident. First, stabilize anyone who is injured and seek any necessary medical help. The boat operator(s) and owner(s) should exchange their personal contact information and the boat’s registration with all involved parties. The accident should be reported to local police and Arizona’s Department of Game and Fish as soon as possible.

Call a Boat Accident Injury Lawyer in Arizona

Have you suffered a boating accident in Arizona that was caused by someone else’s negligence? If you have, then you may be eligible for compensation.

Personal injury settlements help people pay their medical bills, rehabilitation costs, lost wages and other incurred damages. Boat accident lawyers have experience dealing with insurance companies to win clients the settlements they deserve.

PHX Elite Lawyers is dedicated to helping Arizona residents find quality representation for their personal injury claims and legal cases. Visit our website to find a local boat accident lawyer today.

What Is Asbestos and How Can It Affect My Health?

Tue, 12 Jul 2022 22:41:39 GMT

Asbestos is a fibrous substance that was commonly used as a building material in the 20 ^th century because of its natural fire resistance and insulation properties. Asbestos was mined and used in buildings all over Arizona and throughout the world up until the 1980s. The United States has since banned the use of asbestos in modern constructions, but many of Arizona’s residents still suffer from respiratory diseases caused by asbestos.

What Are the Symptoms of Asbestos Exposure?

Shortness of breath
Difficulty breathing
Wheezing
Raspy voice
Dry cough
Chest tightness or pain
Swollen neck/face
Difficulty swallowing
Weight loss
Decreased appetite
Fatigue
Weak or sore muscles

What Is Mesothelioma?

Mesothelioma is a form of cancer where tumors form in the lining of the internal organs. Various organs can develop mesothelioma tumors, but they are especially common in the lungs. The inhalation of tiny asbestos particles—especially over a prolonged period—is the most prevalent cause of mesothelioma.

How Can I Test for Asbestos in My Arizona Home or Business?

There are a variety of asbestos tests available online that Arizonans can buy to test their homes. If you believe you are exhibiting some of the side effects of asbestos exposure, an asbestos test kit may provide some peace of mind. Building inspections and asbestos testing are crucial for ensuring the safety and well-being of all occupants and visitors.

Asbestos Lawsuits in Arizona

Work-Related Exposure

In 2016, the Coulbourn family was awarded $17 million by a Phoenix jury for the wrongful death of George Coulbourn. George died shortly after he was diagnosed with mesothelioma. He was exposed to asbestos while working on naval ships from 1959 to 1966.

Pollution

The city of Winslow was forced to pay $240,000 in 2008 after failing to follow safety protocols when demolishing Apache Apartments in 2002. The city did not inspect and remove asbestos from the buildings before they were destroyed. The violation caused environmental pollution.

The removal of asbestos is highly regulated. Specially certified remediation specialists should always be hired to safely remove asbestos while wearing the proper safety gear and following the correct protocol.

What Should I Know about Asbestos Lawsuits in Arizona?

Evidence Is Needed

The key to a successful lawsuit is proving that your exposure to asbestos resulted in mesothelioma or other harmful respiratory conditions that have impacted your health or quality of life. Claimants must also show they were not informed of the presence of asbestos or were not warned about the health risks that asbestos poses.

An employer—past or present–is responsible for ensuring employees understand the risks involved so they can make an informed decision. This rule also applies to landlords and tenants.

Statute of Limitations

Once someone is diagnosed with mesothelioma or other ailments caused by asbestos, they have two years to file a claim against the responsible party. Collecting the necessary evidence can be time-consuming, so it is generally advised to seek legal guidance as soon as possible so an attorney can begin the investigative process before the window closes.

Should I See a Doctor?

Medical experts recommend consulting with a doctor if you begin exhibiting any of the symptoms associated with asbestos exposure or if you know you have spent a substantial amount of time around asbestos. Early mesothelioma detection and treatment could significantly improve your prognosis and prevent further health complications.

You won’t be able to file a successful asbestos injury claim without official medical diagnostic documentation that you suffered an injury due to asbestos exposure.

Find a Personal Injury Lawyer in Phoenix Experienced in Asbestos Claims

Have you or a loved one developed mesothelioma or a respiratory disease and you suspect asbestos is responsible? If so, you may be eligible for compensation. Browse our PHX Elite website to find a qualified lawyer who will fight for the settlement you deserve.

What Qualifies as Wrongful Death in Arizona?

Mon, 20 Jun 2022 23:01:51 GMT

From a legal standpoint, wrongful death is when one person’s (or a business’s) negligence leads to the death of another person. This negligence can take the form of action or inaction. The loss of a loved one can be both emotionally and financially devastating. People file wrongful death claims to seek justice and to receive much-needed funds to pay bills, make up for lost income and cover the costs of funeral arrangements.

Can I File a Wrongful Death Claim in Arizona?

A wrongful death claim can be filed in Arizona if the deceased person would have had a legitimate reason to sue over the negligence that caused their death. A wrongful death claim must be filed within two years of the person’s loss of life due to the statute of limitations laws in Arizona. Arizona’s wrongful death law limits who may file a wrongful death claim to the following people:

Children
Parent/guardian
A spouse
A representative from the deceased’s estate

What Are Common Examples of Wrongful Death in Arizona?

Medical Malpractice

Medical malpractice is when the negligent actions of a doctor, nurse, surgeon or some other healthcare provider cause a patient to be harmed. In some situations, medical malpractice may result in the patient’s death. Misdiagnosis, surgical mistakes and medication errors are common types of medical malpractice that could result in wrongful death.

Medical malpractice is hard to prove. Not every bad medical outcome rises to the level of malpractice. Unfortunately, the mistakes healthcare workers make have greater consequences than the mistakes of people in other professions. A corporate worker’s oversight may cause financial problems for their company or clients, but generally, nobody’s life is on the line.

Car Accidents

Drivers are expected to follow the rules of the road. Failure to follow these established rules jeopardizes the safety of everybody else on the road. Driving requires a great deal of mutual trust and responsibility. Failing to adhere to the rules of the road is inherently negligent, and any accidents, injuries or deaths that result from a motorist’s negligence makes them liable for the damages.

Defective Products

Sometimes companies release products that turn out to be dangerous. Examples include recalled food or products like heating pads that electrocute people or malfunction and start a fire. In some circumstances, defective products are a result of companies cutting corners on materials or releasing products without performing adequate testing. Companies can be held financially liable for injuries or deaths caused by unsafe products.

What Are the Damages of Wrongful Death?

Damages in wrongful death claims refer to the plaintiff’s losses caused by their loved one’s death. There are economic damages and non-economic damages to consider in wrongful death lawsuits.

Economic Damages

If a household’s primary earner dies unexpectedly, anybody who relies on the income will have a hard time affording food, rent and other bills. Nobody wants to worry about their basic needs when they are grieving the loss of someone they love.

It isn’t enough to look at what the deceased was making currently. It is also vital to factor in their future earnings potential since their future earnings would have also contributed to the household in the years and decades to follow.

Other economic damages are expenses caused by the wrongful death, such as costly funeral and burial expenses or medical bills for life saving treatments that were attempted after their accident.

Non-Economic Damages

Non-economic damages are losses caused by a death that do not have an easily quantifiable monetary value. These are generally based on emotional ramifications rather than monetary losses. Examples are loss of companionship or loss of parental guidance.

When someone dies, their loved ones suffer from losing a life partner, parent or another figure they expected to have in their life for years to come. Actions the deceased performed should also be considered. Family members might have relied on them for transportation, household chores or cooking.

While it’s difficult to put a dollar amount on these things, attempting to do so is important for your family.

How Can PHX Elite Help?

Grief is an important step in coming to terms with a loss, but it can be hard to grieve without stability. At PHX Elite, we will help you find a qualified Phoenix wrongful death lawyer who will fight to get you the compensation you deserve.

Can I File a Premises Liability Lawsuit in Phoenix?

Mon, 13 Jun 2022 22:54:18 GMT

Are business owners liable if people become injured in their businesses? Sometimes. Even if the business owner is technically at fault, there’s no guarantee you will be able to easily win compensation. People sometimes misguidedly believe they have a guaranteed win if they sue after suffering an injury in somebody’s business, but the situation and what you can prove will likely determine the success of your claim.

Slip and Fall Accidents

Slip and fall claims are a type of personal injury case that falls under the larger scope of premises liability claims. Slip and fall accidents occur when somebody slips (or trips) and falls on someone else’s property. While it is not always the case, a classic example in mainstream media is when a customer falls because they are not warned that the floor is wet. While that scenario can and does occasionally occur in the real world, slip and falls often aren’t that straightforward.

What Actions Should a Business Take to Prevent Premises Liability Claims?

A business owner and their employees are expected to follow certain steps to ensure a business’s premises is safe. They are expected to identify potential dangers and take action to remove them or warn visitors of the risks.

Identify Dangers

Business owners are expected to perform building inspections and stay on top of building maintenance. The employees should undergo regular safety training to ensure they know how to maintain a safe environment by identifying and managing safety hazards. Some hazards that could lead to slip and fall accidents include:

Wet floors
Icy or slippery sidewalks, parking lots or driveways
Torn carpeting
Uneven walkways
Obstructed walkways

Take Action

If there are hazards on the premises, business owners or employees should take prompt action to eliminate the threat, such as removing snow from their walkways or using sand or salt to melt ice. If it is a matter of torn carpeting or uneven flooring or sidewalks, the owner should make repairs to remove the danger. Objects blocking walkways, like boxes, or those creating tripping hazards, like extension cords, should be limited as much as possible so people do not trip.

Warn Visitors of Hazards

In situations where the hazard cannot be easily remedied or removed quickly, employees are expected to warn visitors of the risk. For instance, visitors should be warned via a Wet Floor sign if a floor is wet.

What Is My Responsibility?

Business owners and workers are not the only ones responsible. Shoppers and visitors to a property have agency over their own behavior. If a customer trips on a step because they decide to run up the business’s stairs, the visitor may be found at least partially responsible. It’s not the business’s fault you slipped on a wet floor if you were looking at your phone and didn’t see a wet floor sign.

In many cases, your success is determined by what can or can’t be proven about your accident.

The Key to a Successful Premises Liability Claim Is Negligence

The key to winning fair compensation in a premises liability case is proving the business owner’s or employees’ negligent actions resulted in your injury. Business owners have a duty to eliminate, manage or warn customers of any dangers on the premises. If you can prove that their negligence prevented them from fulfilling this duty and caused you to get hurt, you may have a good chance of receiving fair compensation for your injury.

How Can I Prove Negligence?

Negligence can be difficult to prove. It’s usually best to act quickly to gather as much evidence as possible. If the company has security cameras, the footage could help back up your story if it shows you slipping on a puddle in the store.

In case you cannot get video footage, photos of the hazard could help, but there is still the issue of proving the spill did not occur immediately prior to your fall, or that you were the one who caused the mess in which you slipped.

Witness statements from others in the store can go a long way to demonstrating the company’s negligence, so you may benefit from getting names and contact information from bystanders.

Fight for Your Compensation After a Slip and Fall in Phoenix

PHX Elite Lawyers connects Arizonans with personal injury lawyers who will fight to get the compensation they deserve. If you have suffered a slip and fall accident or another premises liability injury caused by a business’s negligence in Phoenix, you may want to contact us so you can find a lawyer today.

Can I Sue or Claim Workers’ Compensation for the Lack of A/C in an Arizona Workplace?

Mon, 23 May 2022 15:00:03 GMT

You can’t sue just because you’re uncomfortable. In order to successfully sue a business or employer you would need to prove damages relating to negligence, a breach of contract or a violation of state or federal law.

You can file a workers’ compensation claim for heat stroke or any other injuries caused by inadequate temperature control.

As countless social media influencers have proven, Arizona is hot enough that one can fry an egg on the side of the road. Imagine what that heat can do to your body after hours or even years of prolonged exposure.

Your employer is responsible for maintaining a safe work environment, which includes a safe temperature. If your employer fails to provide a safe workplace, they are violating OSHA standards and may be subject to fines.

People working in Phoenix may succumb to heat stroke at work even if their employers aren’t violating OSHA regulations. Workers made ill or injured by high temperatures while on the job are likely entitled to workers’ comp benefits.

What Is OSHA?

Occupational Safety and Health Administration (OSHA) standards refer to the rules employers must follow to protect their employees from hazards in the workplace. OSHA protects your health and safety as a worker.

Is Air Conditioning a Requirement for Businesses in Phoenix?

There is a difference between needs and luxuries. Since it may be physically possible to work in a hot environment, you might think air conditioning is a luxury, but it may not be in every circumstance. If air conditioning is a necessity in order to safely perform your assigned job duties, it’s not optional.

Common Illnesses and Ailments Caused by the Heat

Heat Exhaustion

While heat stroke and heat exhaustion may sound synonymous, there is a difference. Heat exhaustion is essentially the precursor condition. The human body needs its water and salt, and excessive heat without adequate hydration can lead to dangerous drops in both.

You should become concerned if you or someone you’re working with begins to experience:

A headache
Dizziness
Nausea
Extreme thirst

Getting out of the heat or sun and drinking water, sodium-heavy sports drinks like Gatorade and taking salt tablets may provide rapid relief.

Heat Stroke

Businesses have a moral and legal imperative to prevent heat stroke in the workplace. Workers who succumb to heat stroke can suffer life-altering injuries, up to and including death. Severe heat stroke symptoms include things like seizures and permanent kidney and brain damage, which may be irreversible.

How Do I File a Workers’ Compensation Claim?

There are certain steps you must follow when filing a workers’ compensation claim in Arizona.

One of the very first things you should do is report your illness or ailment to your employer and their workers’ comp insurance provider. Your employer must provide you with the necessary information for their workers’ compensation insurance. In some cases, this may include a list of doctors who can treat you. (If your employer is privately insured, you can likely choose your own doctor.)

See a doctor as soon as possible. Your claim will be primarily based on your diagnosis and treatment recommendations. Not only will a doctor help ensure your recovery, but their report will serve as evidence of your illness/ailment’s legitimacy, which will increase the likelihood of your workers’ compensation benefits being approved.

Worker’s and Physician’s Report of Injury Form

You can download the Worker’s and Physician’s Report of Injury form here and fill out the first (Worker’s Report) section to bring with you to your doctor’s appointment. You may also get the form from your doctor, who will need to fill out the second (Physician’s Initial Report) section of this form.

Make sure your doctor mails the form to the Industrial Commission of Arizona (ICA) within eight days of providing treatment. Remember to send copies to your employer and your employer’s workers’ compensation insurance carrier.

Worker’s Report of Injury Form

When filling out the Worker’s Report of Injury form , you will need to answer some general questions about your injury. Make sure to complete and mail this form to the Industrial Commission of Arizona , your employer and your employer’s workers’ compensation insurance carrier within a year of the incident.

You should ideally be doing this as soon as possible. Waiting nearly a year before pursuing a workers’ comp claim may appear suspicious unless there are legitimate reasons you couldn’t start the process earlier. Taking fast action after a workplace injury also gives you more time to gather evidence and, if necessary, gives your legal team more time to investigate and build your case.

Getting Your Benefits

Your claim will either be approved or denied. If your benefits are denied, you can file an appeal. At PHX Elite Lawyers , we’ve found some of the best personal injury lawyers in the Phoenix area who will fight for your benefits.

How Is Alimony Determined in Arizona?

Mon, 16 May 2022 17:59:19 GMT

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Terminating a marriage is a difficult decision not only due to all the emotions involved, but also because it requires both parties to adjust to a new normal.

One of the biggest changes is the living situation. One half of the divorced couple must uproot his or her life to find a new home and, in some circumstances, a job. Moving forward after a divorce may seem like an insurmountable obstacle to recently divorced individuals who rely on an ex-spouse for financial support, but alimony payments can help.

What Is Alimony?

An alimony payment—also known as spousal maintenance—refers to the money that the higher-earning spouse pays the lesser-earning spouse after they get divorced. One of the reasons alimony payments are beneficial is because they allow the recipient the opportunity to make any necessary life changes to live independently, such as furthering their education or securing a full-time job.

Alimony is important because nobody deserves to be thrust into poverty because their marriage failed.

What Is Child Support?

Child support is money one spouse pays to the other after a divorce. Child support payments help divorced parents provide for their children without struggling to make ends meet as a single parent. Divorce is hard on children whose parents have been around every day of their life. Divorce leaves many kids feeling responsible for the divorce or overwhelmed by custody and visitation agreements. Child support ensures children do not suffer unnecessarily from their parents’ divorce.

Alimony vs. Child Support

Child support is similar to alimony except parenting time and responsibilities factor into the equation just as much or more than income. A parent who makes less than their ex might still end up paying child support if the higher-earning spouse has full custody.

Child support should be spent on the child’s needs rather than helping the parent get by, while alimony payments are meant to help the parent. Child support often helps single parents cover the cost of new clothes or school supplies for their child. Although both of those expenses are important, they are likely not at the top of a single parent’s priority list if he or she is worried about paying rent or putting food on the table.

How Is Alimony Determined?

There is not a default amount of alimony that judges award. The award varies but is often determined by factors like the difference in each spouse’s monthly income and the length of the marriage. A common formula takes the difference in monthly income and awards the receiving party a percentage of the difference based on the length of the marriage.

Some of the other factors judges consider when awarding alimony include assets the receiving spouse gains in the divorce, the receiving spouse’s ability to find a job or a history of excessive spending. Another variable at play when determining alimony is if the alimony payments are temporary or long-term.

Will a Personal Injury Settlement Affect My Alimony?

Your assets do play a role in alimony. However, personal injury lawsuits generally do not make injured people rich. The goal of injury claims and litigation is to help injured people make a full recovery after accidents caused by someone else's negligence.

Chances are a personal injury settlement will not drastically change your alimony equation unless you or your spouse were awarded significant non-economic damages or punitive damages. Couples relying on lost wage compensation may also be required to split those economic damages in a divorce settlement.

For example, if a car accident resulted in the disability of a household’s primary wage earner, the entire household may rely on the lost future wage compensation. If the couple receiving that compensation were to get divorced, part of that compensation would need to go to the non-disabled divorcing spouse.

If you or a loved one have been hurt in an auto accident, contact one of the attorneys listed on the PHX Elite Lawyers website.

Motorcycle Laws in Arizona

Mon, 25 Apr 2022 14:30:04 GMT

The rush of adrenaline you get from riding your favorite two-wheeled vehicle, combined with the beautiful desert scenery, makes riding a motorcycle in Arizona an unforgettable experience. But just like anywhere else, motorcyclists in Arizona are especially vulnerable to accidents. Unlike car and truck drivers, motorcyclists aren’t shielded from outside elements with a sturdy layer of steel. If you’re riding your motorcycle and get in an accident, you’ll likely suffer serious injuries or even lose your life.

To minimize the risk of life-threatening injuries, the Arizona Department of Transportation imposes strict laws on motorcyclists. Whether you’re a resident or a visitor in the Grand Canyon State, you’ll have to adhere to several safety rules concerning things like motorcycle equipment, lane sharing, helmet laws and more.

Motorcycle License, Registration and Insurance Requirements

Before you can hit the road on your motorcycle, you’ll need to make sure you have a valid motorcycle license, registration and vehicle insurance.

In Arizona, you’ll need a class M license to operate your motorcycle. If you’re already a licensed driver, the process is relatively straightforward—you’ll have to pass a written test followed by a vision screening.

If you’re not a licensed driver and would like to get a class M license, you’ll have to be at least 16 years old and complete a motorcycle driver safety program approved by ADOT’s Motor Vehicle Division (MVD).

You’ll also need to have a valid motorcycle insurance policy and register your motorcycle with the MVD within 15 days of purchase. Once you’ve insured and registered your ride, you’ll receive a motorcycle license plate, which you’ll need to mount on the back of your motorcycle.

Arizona Motorcycle Helmet Law

According to Arizona law , anyone riding or operating a motorcycle who’s under the age of 18 must wear a helmet. Failure to do so may result in hefty fines. Also, a motorcyclist, regardless of age, must wear some type of eye protection while operating the motorcycle, such as glasses, goggles or a face shield. If your motorcycle is equipped with a protective windshield, you don’t need to adhere to the eye protection requirement.

While adults aren’t technically required to wear a helmet, wearing one when riding your motorcycle will significantly reduce your chances of suffering a debilitating head injury. Also, if another driver caused your injuries, and it’s determined wearing a helmet would have prevented your injuries, you may not be entitled to compensation.

What About Protective Gear?

Arizona is relatively lenient on motorcycle safety laws, but this doesn’t mean you shouldn’t take ownership of your safety on the road. It’s recommended to wear protective clothing when operating a motorcycle, like gloves, boots, a jacket and long pants. This may be somewhat uncomfortable during the hot Phoenix summer, but it will protect your skin from road rash and painful injuries.

Lane Sharing and Lane Splitting in Arizona

Lane sharing, as the name implies, refers to two motorcyclists sharing the same lane side-by-side with one another. If you’re travelling with a partner and wish to share the same lane, you can lawfully do so.

On the other hand, lane splitting, which refers to motorcyclists riding between stopped or slowed traffic, is currently illegal , although a new law may change that in some circumstances .

Passenger Laws for Arizona Motorcycle Riders

If you’re thinking about taking a friend or family member on a ride with you, you’ll need to ensure your motorcycle is equipped with an extra seat and footrests. For safety reasons, the passenger should wear a helmet, but it’s not a requirement unless they’re a minor.

Also, people who only have a learner’s permit are not allowed to have any passengers riding with them.

Get in Touch with a Phoenix Motorcycle Accident Lawyer

If you’ve been injured in a motorcycle accident because of someone else’s carelessness, consider getting legal help as soon as possible.

You can get legal advice from a renowned personal injury attorney in Phoenix by contacting one of the law firms listed on PHX Elite Lawyers. We have found some of the Valley’s top-notch lawyers, and they would be happy to help with your case.

For more information or to schedule an appointment, reach out to one of the law groups listed on our website.

What Is the Chance of Winning a Medical Malpractice Lawsuit?

Fri, 15 Apr 2022 22:15:26 GMT

Each medical malpractice case is different, and winning a malpractice lawsuit depends on your unique circumstances. In some instances, medical malpractice may be obvious and easy to prove. In others, it may require a significant investment of time and a law firm's resources to investigate and prove malpractice.

If you’ve suffered serious injuries from medical malpractice, consider speaking with an experienced personal injury lawyer to determine if you have a compelling case.

Defining Medical Malpractice

Medical malpractice happens when a doctor, hospital or a healthcare professional causes injury to their patient through negligence. There are many potential scenarios of medical malpractice, but some of the most common examples include:

Surgical errors
Premature discharge from hospital
Misdiagnosis
Improper prescription medication
Wrong dose of medication
Inadequate aftercare
Failure to recognize symptoms
Overlooking patient history
Birth injury
Failing to update patient progress

In Arizona, you can file a medical malpractice lawsuit against the following licensed healthcare providers:

Doctors
Nurses
Physician assistants
Pharmacists
Dentists
Dental hygienists
Physical therapists

How to Establish a Medical Malpractice Claim

In the event of medical malpractice, the burden of proof lies solely on the plaintiff (the person filing a claim). This means your claim won’t be valid unless you can establish these elements:

You and your medical provider had a doctor-patient relationship
The medical provider had an obligation to provide a medical standard of care
The doctor or other healthcare professional did not uphold this obligation
The breach of care lead to your injury
Your injury caused your damages, such as physical and mental pain, medical expenses, disability, disfigurement or loss of work

If your attorney can’t negotiate a fair settlement with the health care provider’s malpractice insurance provider, your lawsuit will need to go to trial. Your attorney’s job will be to convince a judge or a jury your injuries are a direct result of the medical provider’s negligence.

Your lawyer will have to support your arguments with concrete evidence, such as testimony from experts, medical records, medical expenses, proof of lost wages and proof of other life-altering effects of the injury.

In fact, your medical malpractice lawsuit won’t take off unless your attorney can present a preliminary medical expert opinion proving there is validity to your claim. Failure to do so will result in your case being dismissed. The requirement is meant to weed out unfounded claims, which take up a lot of time and result in higher medical malpractice insurance premiums for medical professionals.

Is There a Cap on Medical Malpractice Damages?

Arizona law doesn’t impose a cap on the amount in damages you can recover from your medical malpractice lawsuit. Typically, the damages available in a medical malpractice case boil down to two types: actual damages and punitive damages.

Actual damages, as the name suggests, refer to actual expenses and losses you incurred, like medical bills, physical therapy or lost wages. Punitive damages are awarded if the defendant had animosity toward the plaintiff and injured them intentionally or was criminally negligent.

Is There a Time Limit for Pursuing a Medical Malpractice Lawsuit?

In Arizona, the statute of limitations for medical malpractice is two years. This means most claims must be filed within two years of the date you discovered your injury. There are some exceptions to this rule. For instance, if the plaintiff was a minor when they suffered the injury, the statute of limitations doesn’t accrue until they turn 18.

If you’re considering filing a medical malpractice claim, consult a personal injury lawyer as soon as possible to avoid running out of time. If your case ends up going to trial, it may take several months before it can be resolved.

Find the Right Attorney for your Medical Malpractice Case

Having your trust broken and your health compromised from medical malpractice can be a devastating experience. You deserve to be compensated for your losses, especially if they’ve caused you to endure life-altering consequences.

At PHX Elite Lawyers, we believe we have found some of the most qualified personal injury attorneys in Phoenix. You can get a free consultation with a medical malpractice lawyer by contacting one of the lawyers listed on our website.

Can You Get Your Marijuana Charges Released in Arizona Now That Recreational Marijuana Has Been Legalized?

Mon, 28 Mar 2022 14:15:04 GMT

For many years, recreational marijuana in Arizona remained legally off limits. But on November 3, 2020, Arizona voters turned the tables by passing the Smart and Safe Arizona Act, more commonly known as Proposition 207. About 60 percent of Arizonans voted in favor of the act, which subsequently led to the legalization of recreational marijuana for adults 21 and older.

As a result of the legalization, the Arizona legislature also passed a law allowing individuals with cannabis-related convictions to have their records expunged. In other words, individuals who committed marijuana-related offenses prior to November 3, 2020, may have their charges and sentences removed from their criminal record or in some cases have their existing sentences or criminal penalties removed.

Key Details About Prop 207

Although Proposition 207 does allow recreational use of marijuana, it limits the amount of cannabis one can possess and when and where they can use recreational marijuana. According to Arizona law , adults can posses up to one ounce of marijuana and up to six ounces of marijuana plants in their home.

Moreover, the proposition allows the expungement of marijuana convictions, including arrests, charges, convictions and sentences, but also imposes strict restrictions on the nature of these convictions. Title 36 of Arizona Revised Statutes specifies that only these three types of convictions can be expunged:

Possessing, consuming or transporting marijuana: Only those who possessed, consumed or transported no more than 2.5 ounces of cannabis are eligible for expungement
Possessing, transporting or cultivating marijuana plants: only those convicted for possessing no more than six plants can petition the court for expungement
Possessing, using or transporting marijuana paraphernalia

It’s also still illegal to use marijuana when driving a vehicle or operating heavy equipment. Essentially, any scenario where it’d be illegal to drink alcohol it’s also illegal to use marijuana.

Differences Between Prop 207 Expungement and Setting Aside Convictions

Prop 207 expungement requires all cases which involve actions that are currently considered legal to be thrown out. This is an unprecedented event in Arizona’s history, as prior to the passing of Prop 207, criminal records were never thrown out (or expunged), but rather set aside.

A conviction that’s been “set aside” means the conviction was removed from the offender’s record but it may still be considered “a prior” should the person commit another offence. A “set aside” conviction may also show up on a background check, causing potential problems with finding employment or renting an apartment.

On the other hand, a conviction that’s been expunged can never be used as “a prior” and no one will know of the conviction, including employers or landlords. It will be as if the conviction never existed.

How to Get Your Marijuana Conviction Expunged in Arizona

If you have an eligible marijuana offense and wish to have your records sealed, you’ll need to file a petition requesting expungement with a municipal or justice court. At this point you may consider hiring a drug crime lawyer who’ll ensure you dot all the I’s and cross all the T’s of your petition.

Can a Phoenix Personal Injury Lawyer Help Me?

Not unless they also practice criminal law. Most personal injury lawyers don’t actively practice criminal law and likely don’t have the experience or time to help you. There are also some fundamental differences in fee structures between the two.

Phoenix personal injury lawyers operate on a contingency fee, meaning you don’t technically have to pay them up front for their services since their compensation is based on your eventual settlement or a positive verdict outcome.

Criminal lawyers charge by the hour or charge a flat fee for services (like expungement). You should expect to pay out of pocket for legal assistance with your expungement.

The Marijuana Conviction Expungement Process

After you file your petition, you’ll have to endure a mandatory 30-day waiting period before hearing back from the court. If the court deems your petition invalid, you may be summoned for a hearing. At the hearing, the prosecutor handling your case will have to produce evidence showing you’re not eligible for expungement. This is another instance where working with an experienced lawyer may be pivotal to a successful outcome of your case.

If the court accepts your petition, your records will be sealed, including your arrest, charges, conviction and any outstanding warrants related to eligible marijuana charges. Law enforcement and the Department of Public Safety will be notified accordingly.

More Legal Marijuana May Mean More Marijuana Injury Accidents

Recreational marijuana may be legal, but driving under the influence of marijuana is still considered driving under the influence in Arizona.

People who cause accidents when high should be held both criminal and financially accountable. If you or a loved one has been injured by a driver who was drunk or high, it’s likely in your best interest to speak with a Phoenix auto accident lawyer.

At PHX Elite Lawyers, we are committed to helping connect injured people in Phoenix with the most qualified car crash injury or wrongful death attorneys.

Are you interested in scheduling a free consultation with a vetted Phoenix lawyer? Be sure to visit the lawyers page on our website.

Family Purpose Doctrine in Arizona: How You Could Be Responsible for Others Crashing Your Vehicle

Tue, 22 Mar 2022 21:59:23 GMT

If you’re the parent of a teenager, perhaps you’ve allowed them to drive your car without supervision. While giving your child driving privileges isn’t an inherently bad idea, keep in mind that teenage drivers are much more likely to be involved in fatal car accidents.

Obviously, your child’s safety is a big concern, but many parents don’t realize another potential risk of teenage driving—if your child drives your car and causes an accident, you may be financially liable for the damages, even if you weren’t the one driving the vehicle. This is referred to as the family purpose doctrine.

The doctrine states that a vehicle owner who allows their car to be driven by family members may be held liable for any accidents involving said family members. The main idea behind the doctrine is to compensate the injured person or people for their damages by holding the head of the family financially responsible for their family members’ negligent actions.

This is especially necessary given children generally don’t have their own liability insurance, other than what’s available through family auto policies, or the assets to cover the losses they cause.

Is the Family Purpose Doctrine Used in Arizona?

The family purpose doctrine, which has been around since 1919, is still upheld in Arizona. Perhaps the most recent noteworthy case that illustrated the application of the doctrine and reaffirmed it as state law was the Young v. Beck case in 2011.

The plaintiff, Amy Young was seriously injured in a car accident caused by the defendant, 17-year-old Jason Beck. Young’s family sued Beck and his parents for their daughter’s injuries, which they believed were caused by the teenager’s negligent driving. The Young family based their case on the principles of the family purpose doctrine, claiming the Becks should be held financially liable for their daughter’s injuries.

Jason, who had been involved in another car accident a month prior, was only permitted to drive his parent’s vehicle to school, work or church. In the hours leading up to the accident, Jason neglected his mother’s instruction to drive to his friend’s house and then drive back home the next day. Instead, Jason and his friends drove around town throwing eggs at houses and parked vehicles and eventually caused the accident involving the plaintiff.

Under Arizona law, the family purpose doctrine can be applied in the following circumstances:

A person other than the head of a family causes an injury
The head of the family provided the vehicle to a family member
The head of the family gave the family member permission to use the vehicle

Jason’s parents asserted that since they had not given their son consent to drive the car around and destroy other people’s property, they shouldn’t be held responsible for the accident. However, the Supreme Court of Arizona ruled that even though the Becks did not give their son permission to drive his friends around town, they did imply consent when they allowed him to get into the vehicle and take off.

Despite the Becks’ many objections, the court concluded the family doctrine purpose did apply to their case, giving sufficient grounds for the Young family to file a civil lawsuit against Jason Beck and his parents.

When May the Family Purpose Doctrine Not Apply to Your Case?

Cases involving the family purpose doctrine are extremely fact driven. There are several nuances that could derail a plaintiff’s efforts to incorporate the family purpose doctrine into their claim:

If a family member owns and pays for their car, the parents aren’t liable for any accidents he or she causes
If two people own the car, such as a parent and their child, the parent may not be held responsible for the child’s actions involving said car
Parents who under no circumstances gave their child consent to drive a family car may not be held liable under the doctrine
In rare cases, the defendant may claim the driver wasn’t actually part of their family

Thinking of Filing a Personal Injury Claim? Get Legal Help from a Phoenix Personal Injury Lawyer

If you’ve been injured in an accident caused by someone else’s negligence, you may be entitled to compensation. At PHX Elite Lawyers, we help accident victims find experienced and dedicated lawyers to represent them in their legal battles.

If you’re interested in a free consultation with a car accident attorney or a personal injury lawyer, contact one of the law firms listed here.

How Can I Prove a Slip and Fall or Premises Liability Case?

Mon, 21 Feb 2022 15:30:03 GMT

Slip and fall cases fall under the umbrella of premises liability. A premises liability case means that the plaintiff suffered personal injuries from unsafe conditions within a commercial or residential setting and now wants to hold the property owner or business financially responsible for their injuries.

People can get into accidents and suffer injuries pretty much anywhere they go, including stores, malls, movie theaters, gyms, swimming pools and private homes. While each case is different, some scenarios are more common than others. The most common types of premises liability-related injuries occur from:

Slips and falls
Fires
Criminal attacks
Falling objects
Malfunctioning equipment
Animal attacks
Dangerous construction sites
Inadequate security
Insufficient lighting

What You Need to Prove to Win a Premises Liability Case

Don’t assume that just because you suffered injuries on someone else’s property that the owner is indisputably at fault and you are now entitled to damages. You’ll first need to prove a number of facts to be entitled to compensation for your injuries:

The defendant owned or leased the property and had a duty to keep it safe
The defendant knew or should have known there were hazards on the property
The owner or lessee neglected to fix the dangers or adequately warn visitors of the hazards
The plaintiff who was legally on the property suffered injuries due to the hazards
Their injury caused them to suffer economic and non-economic damages

Consider a scenario were you’re walking down a grocery store aisle and leaking water from the refrigerators caused you to slip and fall. How long the leak was there might play a key role in whether the business was negligent. Whether another customer had informed an employee of the leak could also play a role. Whether there was a wet floor sign that you ignored or missed because you were looking at your phone could also impact the outcome of your case.

Even if you were injured due to negligence, you’ll still need to be able to prove those facts, which isn’t always easy or straightforward. That’s why the more evidence and documentation you can generate the better your chances.

What If Someone Was Trespassing on a Property?

One of the fundamental things you are required to prove in a premises liability case is that you had the legal right to be on the premises. Anyone entering a commercial or residential building they don’t own fall under one of these three categories:

Invitee: When you visit a mall, grocery store, hospital or any other type of business, you are their invitee.
Licensee: If you are a guest on someone else’s private property, this automatically makes you a licensee. For example, if a friend invites you to a party at their home, they are granting you permission to be on their property.
Trespasser: As a trespasser you have no legal right to be on someone else’s property. If you get injured while trespassing in someone’s home or business, it may be highly unlikely to win a premises liability case.

However, the law does allow some exceptions to this rule. If the trespasser happens to be a child, they may not be considered a “regular” trespasser. If the child was drawn to the property by an attractive nuisance , such as a swimming pool or a set of swings, the property owner may be held liable for injuries they sustain while trespassing.

The owner should have known the unguarded pool or swings may attract children and should have taken adequate safety precautions to prevent them from being able to access the premises.

Gathering Evidence for a Premises Liability Case

A crucial component of a strong premises liability case is evidence of what happened. This is where things can get tricky. People injured on someone else’s property rarely think about documenting the event. They may simply be too hurt or preoccupied with other things to do so. Nonetheless, there are a few things you should do immediately after the accident occurred:

Document what happened by taking pictures of your injuries and what caused them
Get witness contact information (if there were any)
Notify the business or property owner of your injuries
Seek medical attention as soon as possible

It’s also crucial that you save all your medical records pertaining to your injuries, like bills, diagnostic forms, treatment plans and tests. If your injuries caused you to miss work and lose wages, make sure to document this as well.

Find a Premises Liability Lawyer with the Help of Phoenix Elite Lawyers

If you’ve been hurt because of someone else’s negligence and are now facing mounting financial problems, you may benefit from working with a personal injury lawyer experienced in premises liability cases. Your attorney can help you gather the evidence you need to build a compelling case and receive the compensation you deserve.

PHX Elite Lawyers helps Phoenix residents find experienced lawyers who are ready to provide you with the legal help you need. For a free consultation with a skilled personal injury lawyer, call one of the law firms listed on our website .

Arizona Personal Injury Law

Mon, 14 Feb 2022 15:30:03 GMT

Accidents and misfortunes happen everywhere. If you’ve suffered a personal injury in Arizona and are dealing with the financial and emotional aftermath of your accident, you may be looking to file a lawsuit to receive the compensation you deserve, especially if dealing with the responsible party’s insurance company has gotten you nowhere.

Although there are a lot of similarities in personal injury laws in different states, all have their own unique statutes and procedures on how liability is determined and damages are awarded.

What Constitutes a Personal Injury in Arizona?

Before diving into the different personal injury laws, it’s important to know what is considered a personal injury. In Arizona, examples of personal injuries include:

Auto accidents
Motorcycle crashes
Medical malpractice
Dog bites
Wrongful death
Pedestrian accidents
Workplace accidents
Premises liability (unsafe residential or commercial buildings)
Product liability (defective products)
Any other injury caused by another person or business’s negligence

Laws and Rules Governing Personal Injury Cases in Arizona

Negligence

Many personal injury cases, like medical malpractice, wrongful death or product and premises liability, are based on the idea of negligence. The law is specific about how it defines negligence. Generally, to prove and win a negligence case the plaintiff must prove the defendant owed the plaintiff some type of duty of care (to keep them safe, provide medical care, etc.) but breached that duty by engaging in irresponsible and negligent behavior.

The plaintiff must also prove that this breach of duty caused their injuries and that by awarding adequate damages, the court can appropriately compensate the plaintiff for their injuries.

Comparative Negligence

While many personal injury accidents are the direct result of a specific person or entity being negligent, some victims of accidents are partially responsible for their own injuries. In the world of law, this is referred to as comparative negligence and usually means the victim will not receive the full amount of compensation they’d receive if they didn’t share in the blame. Specifically, the plaintiff’s damages will be reduced based on their own percentage of fault.

Let’s say you slipped on a puddle of spilled shampoo at a drug store and suffered a concussion and a sprained ankle from the slip and fall. You’re now suing the store for damages due to their failure to clean up the spill or mark the area as hazardous.

Typically, these circumstances would imply the store employees are at fault for the injuries you suffered. However, if they come back and prove that you were talking on the phone and were inattentive at the time of the accident, you may now be partially responsible for your own injuries.

If it’s determined you were 30 percent at fault, you will only receive 70 percent of the damages. Arizona allows injured parties to recover damages even if they were 99 percent at fault. In this aspect of personal injury law Arizona is different from many other states that don’t award any damages to a party that is more than 50 percent at fault.

Auto Insurance Law

Arizona is one of several states that use the “at fault” principle for insurance claims. This means that for a claim to be processed successfully, a driver must show the other party was at fault for the injuries and losses they suffered. Only then can compensation be granted.

Interestingly, thanks to the comparative negligence rule, even a driver who is mostly at fault for their accident can recover some amount of damages from the other driver’s insurance company.

Dog Bites and Dog Attacks

While laws like comparative negligence may seem more relaxed in Arizona than in other states, when it comes to dog bites and dog attacks, Arizona is not so lenient.

Several states, including neighboring states of Nevada and New Mexico, apply the one-bite rule, meaning the dog owner is typically not liable for their dog’s first bite if the owner had no previous knowledge of their dog’s potential viciousness.

However, Arizona makes dog owners strictly liable for the injuries their dog caused, even if the animal had no prior history of biting or troublesome behavior.

How Much Time Do I Have to File an Injury Lawsuit in Arizona?

According to Arizona’s statute of limitations, which sets a time limit on taking your claim to court, plaintiffs are given two years from the date of their accident to file a personal injury lawsuit.

If it takes you several months or even years to discover your injuries, the court may grant you additional time to file a lawsuit. Conversely, lawsuits against a city or county in Arizona or the state itself must be filed within a year of the accident.

A Phoenix Personal Injury Lawyer May Be Able to Help with Your Injury Claim

If you’ve suffered a personal injury and are now fighting for the damages you deserve, consider getting legal help to increase your chances of a successful outcome.

PHX Elite Lawyers identifies local Phoenix attorneys with great reputations in personal injury law. If you'd like to schedule a free consultation with a proven Phoenix personal injury lawyer, call one of the law firms listed on our website .

How to Hold an Owner Accountable for a Dog Bite in Phoenix

Mon, 09 Aug 2021 20:44:01 GMT

According to the CDC there are nearly 4.5 million dog bites in the United States every year. In 2020 homeowners insurance paid out roughly $854 million in dog bite injury claims. Dog bites happen quickly and sometimes the only person to witness the event was the person bitten and maybe the dog’s owner. That’s one of the reasons dog bite claims can be difficult to win.

To file a dog bite claim, you must prove you:

Were bitten and injured
Were not trespassing
Did not provoke the dog

What types of injuries tend to justify dog bite lawsuits? Scarring is a major factor in having a viable dog bite case. It’s not always obvious how severe scarring will be until a wound has healed, which is one of the reasons dog bite cases can take a long time to conclude.

An owner is held responsible for their dog on private and public property. However, if you were knowingly trespassing when the dog bite occurred, you are less likely to receive compensation.

If a dog attacks and bites unprovoked, your case will probably have a better chance of success. On the other hand, if the dog was provoked, the owner might not be held liable.

Provoking a dog means irritating or annoying the dog on purpose. For example, if a child is chasing a dog that wants to be left alone and barks and growls warning the child, the dog has been provoked.

Many cases end up hinging on whether or not the dog was provoked. It can be one of the more effective defenses against dog bite claims.

Who is Liable for a Dog Bite?

The owner of the dog is usually liable for an injury their pet causes. However, liability laws vary from state to state.

The two ways states generally approach dog bite liability are:

Strict liability - the owner is held liable for injuries if the dog attacks or bites an individual
One bite rule - the owner is not held liable unless there has been a history of aggressive behavior

The “one bite” rule gets its name from the idea that dog owners can get a pass on the first bite. They can defend themselves by arguing they had no idea the dog was aggressive and posed a danger to others.

The state of Arizona imposes strict liability on dog owners. According to A.R.S. 11-1025 11-1027 , the owner is liable for dog attacks or injuries regardless of whether they knew the dog posed a threat.

Negligence is not required in dog bite cases with strict liability. Even if a dog owner is not present for the attack or aware that their dog injured someone, they are still liable. It’s only necessary for the dog bite victim to prove that the dog caused their injuries. One of the few scenarios in which the owner wouldn’t be liable is if the animal was provoked.

How to Receive Compensation for a Dog Bite

In most cases, compensation for a dog bite lawsuit does not come out of the dog owner’s pocket. It is usually dealt with on behalf of the dog owner by their renter’s insurance or home insurance company.

Compensation, or damages, are based on:

● Medical expenses

● Recovery expenses

● Loss of wages

● Pain and suffering

File a Police Report

When a dog bite happens, you should first and foremost seek medical attention, but filing a police report is also an important step. A police report is not only helpful evidence in your case, but it could also help protect your neighbors and other people who may be at risk for bites. Your attack may not be the dog’s first offense. It should not go unnoticed.

Multi-Family Property Liability for Dog Bites

Some apartment complexes do not allow certain dog breeds because of fear over dog bite lawsuits. If a dog is known to be aggressive and they begin to get complaints from other residents of the complex about the dog, then someone gets bitten, the complex could be held liable for not taking corrective actions or warning tenants.

Have You or a Family Member Been Injured by Someone Else’s Pet?

If you or a family member have been hurt by another person’s pet in Phoenix, be sure to get the owner’s information, take photographic evidence, inform a local animal control agency and collect witness contact information.

Taking all these steps immediately following a dog bite incident may help with your claim and can improve your chances for receiving fair compensation. If you are a dog bite victim and you need a dog bite attorney to help you recover, Phoenix Elite Lawyers can help you find one. We’ve sought out reliable personal injury attorneys in Phoenix for inclusion on our website.

Don’t let dog bite injury expenses affect your well-being. Fill out a form for more information and get your case moving.

Can Security Failures Be the Cause of a Premises Liability Lawsuit?

Mon, 09 Aug 2021 20:43:59 GMT

Negligent security is usually categorized as a type of premises liability case. Unlike a traditional slip and fall case where hazards on the property directly caused an injury, negligent security is more about the environmental factors that allowed one person to injure another. The risk also needs to be foreseeable, and, like other premises liability problems, it must have persisted long enough that the property owner should have reasonably known about the danger and fixed it prior to the injury occurring.

Negligent security is most frequently associated with serious crimes, including battery, assault, rape and robbery.

Security is a fundamental part of any property owner’s duty of care. They should correct security failures that are creating an environment where tenants, shoppers or visitors could fall victim to crimes and the physical and emotional traumas those crimes cause.

What Is Negligent Security?

Negligent security is what happens when a business or property owner fails to protect the public from harm or fails to implement reasonable security measures. A negligent security case involves crimes that could have been avoided with proper security.

Both commercial properties and residential landowners can be sued for negligent security. People in shopping malls, clubs, parking lots, schools and even apartment complexes have a right to be safe in those places. Owners of those properties have a duty to maintain an environment that protects lawful visitors from foreseeable crimes from a third party.

An apartment complex may have locking gates that regulate who can enter the complex. This may be necessary because the complex is in a part of a city with a particularly high crime rate.

The complex has a substantial duty to keep it operating. If the gate is broken and the owners fail to fix the gate before a resident is harmed, they may be liable for security negligence.

Why Are Claims Against Property Owners Instead of the Criminals?

As with any personal injury case, the goal is to make the injured person as financially, physically and emotionally whole as possible after their injuries.

A criminal might get sentenced to prison, but the person who was injured is still shouldering the often-high monetary costs of medical and psychological treatments. Victims of crimes could also have PTSD or long-term pain and suffering with which they are forced to cope.

Many criminals lack the financial means or insurance to adequately compensate the victims of their crimes for injuries they cause. The owner of the property on which the injuries occurred is more likely to have insurance that can provide the compensation.

Proving Negligence Security

Similar crimes that have happened surrounding the location of the incident may be an important factor in negligent security cases. The plaintiff will need to prove the owner of the property failed to exercise reasonable care given the foreseeable risk.

For a chance at success in a negligent security claim, the plaintiff will need to prove:

The plaintiff was lawfully on the landowner’s (defendant's) property at the time of the injury
The business or property owner was aware of the risk
The landowner breached their duty to offer reasonable security
The plaintiff was injured and suffered damages because of a third party’s acts on the property
The Injury imposed by third party was foreseeable by the defendant
The injury could have been prevented if the defendant took proper security precautions

The fundamentals of a negligent security case are very similar in structure to a traditional slip and fall case. The property owner had a duty, was aware of a hazard and failed to fix the hazard in a reasonable amount of time. Someone was injured as a result of that failure.

Foreseeability is necessary and crucial for negligent security cases. Foreseeability requires an assessment of the property and surrounding area for similar crimes. Where previous crimes were committed in relation to the property and whether the defendant was aware or should have been aware are key questions that must be answered.

Adequate Security

A negligent security case may hinge on whether there were already security measures in place and their adequacy. Security gates that go unfixed, dim lighting in the parking lots, poorly trained security personnel and broken locks might be considered inadequate.

Cases may also hinge on whether tenants, shoppers or visitors were warned of risks or whether criminals were discouraged from preying on visitors.

Have You Suffered an Injury Due to Negligent Security?

Security negligence cases often hinge on circumstantial evidence, which is why it’s important for plaintiffs to work with attorneys who are willing to dig into their situation. If you are not sure if you have a negligent security case on your hands and you are suffering from severe injuries and expensive medical bills, you may want to contact a premises liability attorney that has experience in negligent security.

How Traumatic Brain Injuries Can Affect Your Life

Mon, 09 Aug 2021 20:43:58 GMT

Not all brain injuries are equal. Some result in temporary problems while others cause permanent damage. Traumatic brain injuries (TBIs) are generally considered to be serious injuries to the brain that run the risk of causing permanent or long-term disabilities. Traumatic brain injuries can be caused by mechanical, thermal, chemical, electrical or even radiation damage. Mechanical brain injuries caused by blunt force trauma tend to be the most common, and can be caused by car accidents, slips, trips and falls, workplace injuries or sports mishaps.

Regardless of the mechanism of a traumatic brain injury (penetrating or blunt force), the road to recovery is long. In some cases, people who have suffered TBIs can never make a full recovery. The seriousness of TBIs are categorized as either:

Mild
Moderate
Severe

Even a mild TBI should not be left untreated because the effects can potentially last a lifetime. There are many methods a doctor may use to diagnose a TBI, but they all involve monitoring the victim’s post-injury condition closely.

It is estimated that there are over 2.5 million TBIs each year in the United States. Approximately 50,000 people a year die from TBIs. Many of those people die within two hours of the incident, frequently due to the sheer force of the trauma they experienced. Those who survive traumatic brain injuries may experience a multitude of problems and challenges that will follow them for the rest of their lives.

Symptoms of Traumatic Brain Injuries

Recovery of function after a traumatic brain injury can be a long road, even if the repercussions don’t last a lifetime. There are potential therapies, even for severe TBIs. Some people with TBIs can benefit from physical therapy, psychotherapy and occupational therapies. These therapies can help them deal with impairments, relearn old skills, develop new skills and find ways to restore their quality of life.

Even with positive recovery chances, the effects of TBIs can still be costly and vary greatly. People who suffer from brain injuries can experience:

Personality disorders
Sleep disorders
Neurodegenerative diseases
Permanent physical disabilities
Loss of function
Loss of speech
Loss of memory
Paralysis

Describing the human brain as complex is an understatement. There’s a lot about the brain we don’t understand, which is why brain injuries and recovery from TBIs can vary dramatically. Every injury is unique, making treatment plans for every patient unique.

TBI patients spend a lot of time in hospitals, especially after the initial incident. In some cases, the injured person may require in-home care or be dependent on medical equipment for their continuing survival.

The long-term, debilitating effects of traumatic brain injuries often leaves the injured person and their family with exceptionally high medical expenses. People with these injuries frequently run the risk of losing their job and their health insurance.

Certain traumatic brain injuries may make it difficult or impossible to function normally, which can make it tough to hold down a job to cover the cost of care, or even day-to-day living expenses. Even if the injured person’s cognitive damages aren’t permanent, they may still miss months or even years of work.

Pain and Suffering Damages

Not only are there physical repercussions, but the lifestyle of the person may be significantly changed. If a parent is injured, they may no longer be able to care for their children or contribute meaningfully to childrearing.

Relationships may also be irreparably damaged, especially when a brain injury results in a loss of cognitive function or changes in personality or temperament.

Brain injuries may cause imbalances in the production of chemicals or endorphins that moderate brain activities. TBIs frequently lead to depression.

The chances are high that a traumatic brain injury patient will never be the same again after their accident. Pain and suffering damages should reflect the life-long outlook of suffering they and their family will endure.

Financial Impact of a Traumatic Brain Injury in Phoenix

It often takes people a long time to overcome the financial impact of a brain injury. Some families may never enjoy a return to normalcy. That is why seeking compensation after a brain injury that was caused by someone else’s negligence is crucial.

If you need a traumatic brain injury lawyer to represent you or a loved one in the Phoenix area, PHX Elite Lawyers can help you find one. The sooner you act the easier it will be for your personal injury lawyer to build your case and the less your family will be forced to suffer financially.

We refer injured people to local Phoenix attorneys who are truly committed to fighting for the money people need to recover.

To learn more about legal representation for traumatic brain injuries, visit Phoenix Elite Lawyers .

What to Do If Your Car Has Been Totaled in a Car Accident

Mon, 09 Aug 2021 20:43:57 GMT

When a vehicle is “totaled” it means the cost of repairs is higher than the value of the vehicle. For example, if your car is worth $15,000 but the estimates to repair it come back as $17,000 it would make more sense for the insurance company to just pay you the vehicle’s value. It is always up to the insurance company to determine the value of your vehicle and whether it is totaled based on the damage.

While in many cases cars are totaled in relatively serious accidents, there are scenarios in which a relatively minor accident can result in the insurance company considering your car totaled. That generally occurs when your car is old and even a little bit of damage ends up costing more to repair than the car is worth.

Dealing with Insurance Companies After Your Car Has Been Totaled

When you file a property damage claim from a car accident, you will be working with the insurance company, not the person who caused the accident.

Insurance companies use car accident reports, estimators, pictures of the damaged vehicle and local mechanics to determine your car's value and the cost of repairs. Sometimes those estimates come in low. In the case that your vehicle is not declared totaled, you might have to negotiate with the insurance company to get them to pay the full price of repairs.

Insurance companies are not charities, they’re for-profit businesses. They have a monetary incentive to undervalue your damage or underestimate total repair costs.

That is why in some cases having your vehicle declared totaled is better than having it repaired. There will be less debate over how much the insurance company says the repairs should cost versus how much they actually end up costing, and you won’t need to fight the insurance company to cover the difference.

Repairs are costly, time consuming and could cause problems for your vehicle later on, regardless of how well it is fixed. Car or motorcycle owners may also have personal reasons to value their vehicle that don’t factor into the insurance company’s estimates. Maybe you really like how it handles, or it’s a manual make and model you really like, and you know you won’t be able to find another. Unfortunately for these owners there’s often not much they can do.

You may be able to keep a totaled vehicle and pay the additional repair costs out of pocket, but you’ll be paid less since your insurance company won’t be able to offset their losses by auctioning off your vehicle – or what’s left of it. Any vehicle declared a total loss is also issued a salvage certificate, which could make selling it in the future more difficult even if you repair it.

Having Your Vehicle Appraised

If you don’t think your car should be labelled a total loss you should seek a second opinion and get it appraised elsewhere. Depending on whose insurance company you are dealing with – yours or the other driver’s company – this can be difficult.

In some circumstances you may have to file a complaint with the insurance company to have your car or truck reconsidered. You can hire your own appraiser that would present the value of your vehicle based on the market value and their investigation. They will consider the year and make of your vehicle, the condition of your vehicle, mileage and the car's pre-accident condition.

However, getting a second opinion does take time and might not be free. Although you might have to pay out of pocket, second opinions can be beneficial, especially if your vehicle is not paid off.

When a car is declared totaled and you still have payments, the insurance company will first pay the lenders and then give you the cash value of what is left. For example, if your vehicle is valued at $10,000 but you still owe $5,000. The insurance will pay that $5,000 to the lender first then you will only get $5,000.

Fighting with Insurance Companies for Compensation After Car Accident Injuries in Phoenix

In addition to recovering your vehicle value you may also be dealing with other expenses stemming from an accident that you did not cause.

Insurance companies have an interest in minimizing their claim payments, whether an accident only involved property damage, or you have car accident injury expenses as well. When injuries are involved it’s possible for your losses to be tens of thousands of dollars or more. Having a car accident attorney fighting for you may help you maximize your recovery.

At PHX Elite Lawyers we’ve identified local lawyers that have extensive experience representing people who have been involved in car or truck accidents. They would be happy to speak with you about your case during a free, no-obligation consultation.

What Does the Standard of Care Have to Do With Medical Malpractice?

Mon, 09 Aug 2021 20:43:55 GMT

The standard of care is a level and quality of care physicians, nurses and other medical professionals are expected to maintain when treating patients. If a patient suffers an injury due to their medical care and wants to hold a medical provider financially responsible, it’s necessary to prove that the doctor failed to meet their standard of care.

In other words, your medical malpractice lawyer must answer the question, “What would a reasonable, properly trained physician do in a similar circumstance?” Then they must prove your doctor failed to act in accordance with that standard.

How Is the Standard of Care Determined?

The “standard of care” is sometimes clear and straightforward. If a doctor prescribed a patient a medication containing ingredients that they knew the patient was allergic to, they obviously failed to meet the standard of care. A reasonable doctor wouldn’t have made that mistake.

A doctor who is considered a leader in the field – often a teaching physician – will be called on to testify to what the standard of care should have been for the situation in which the injury occurred.

That professional will testify to what a “reasonable” doctor would have done in your case.

Medical Negligence Vs. Unintentional Errors

Doctors and medical experts can make mistakes, but the mistake may not rise to the level of malpractice. A mistake may not be medical malpractice or even negligence if a reasonable professional in the same field might have made the same mistake.

An example of this would be a doctor diagnosing the wrong illness with similar symptoms. A medical expert is not always held liable for these types of mistakes. If they were, certain types of doctors – like internists – would be perpetually fighting lawsuits.

Physicians are also not held liable if an accident happened, but the standard of care was still met. If they made all of the most reasonable decisions and took action at a reasonable time given the circumstances, you most likely will not have a case.

Brandon Orosco V. Maricopa County Special Healthcare District and District Medical Group

To better understand what is and isn’t malpractice, it’s worth it to consider some actual cases. Orosco visited Maricopa Medical Center to get treatments for burns he suffered at work. Part of the treatment required his doctors to insert a catheter on a wire into one of his veins. The doctor ended up getting the catheter in an artery instead of a vein and they had to redo it.

That could be categorized as a mistake or an error, but it hadn’t yet risen to the level of negligence or malpractice. What happened next is what the case was really about.

The doctor and nurse couldn’t find the original wire. They concluded it must have already been removed and disposed of. It hadn’t. During X-rays radiologists failed to report the wire, which mean it was left in Orosco until a CT scan identified it at a later date.

The wire eventually resulted in significant damages that left Orosco in permanent need of pain management medication.

In many medical malpractice cases you’ll see a cascade of errors, or multiple failures to perform corrective actions. Things like transparency or the timing of when a doctor notifies a patient of life-saving information often play a role in negligence and medical malpractice cases.

The Standard of Care in Emergency Situations

Standard of care is often viewed through the lens of contributing factors, like time constraints or a state of emergency.

If a patient needs life-saving treatment right away, emergency medical professionals must act quickly. In these cases, the medical expert may not be liable for errors that potentially could have been avoided had they possessed hours instead of seconds or minutes.

It might not be considered negligent if the wrong treatment is prescribed based on the lack of adequate time for testing or results. In these cases, the patient’s level of harm is also considered.

Who Is a Standard of Care Expert?

Arizona Rules of Evidence 702 lays out the criteria for who is and isn’t an expert qualified to testify to the standard of care. There are other Arizona statutes, ARS § 12-2604 and ARS § 12-561 , that further define who would and would not be considered an expert for medical malpractice cases. Many of these rules are intended to prevent conflicts of interests and ensure honest testimony.

Do You Have a Medical Malpractice Case in Phoenix?

PHX Elite Lawyers is committed to identifying reliable Phoenix personal injury attorneys with track records for success. If you are seeking an attorney who can assist with medical malpractice case, we encourage you to look at our lawyers page .

Am I Liable for Injuries in my Phoenix Swimming Pool?

Fri, 09 Jul 2021 21:01:56 GMT

With summers reaching highs of 120-degrees Fahrenheit in Phoenix, Arizona, many people are fleeing to swimming pools to escape the heat. Six of the cities in the Valley of the Sun, including Scottsdale, Mesa, Chandler, Tempe, Gilbert and Glendale made the Realtors.com list for top ten cities with the highest percentage of backyard pools. Unfortunately, the high concentration of residential pools in the Phoenix metro area, means there are also a lot of swimming pool injuries.

It doesn’t take long for fun in the sun to become a disaster. Pool fatalities increased from 2019 to 2020 based on findings from the YMCA of the Valley and the Drowning Prevention Coalition of Arizona .

With a pool comes great responsibility. It is up to the owner of the pool to ensure safety precautions are taken. Arizona pool owners are legally obligated to create a safe environment if they are going to have a pool in their backyard.

Facts About Pool Injuries

The number of people injured as a result of pool safety negligence nationwide is astounding. According to the CDC :

Drowning is the number one cause of unintentional death for children between the ages of one and four
On average there are 11 drowning deaths per day and 22 non-fatal drownings per day
Drownings can cause brain damage and long-term disabilities
More than 40 percent of drownings treated in the ER require stays in the ICU
Drowning is the second leading cause for unintentional death for children ages one to four years old
Nearly 80 percent of people who die from drowning are male
A pool fence can reduce a child's risk of drowning by 83 percent

Adults and Swimming Pool Injuries

Although children under the age of 14 are the most susceptible to pool injuries, adults aren’t immune to water related accidents and drowning. Alcohol or drugs are frequently contributing factors when adults suffer swimming pool injuries.

Alcohol and pools are not always a good combination. The CDC also reports up to 70 percent of adult deaths with alcohol involved are associated with water recreation.

Pool Installation Negligence and Maintenance

Anyone is at risk if the design of a pool is not up to safety standards. If the pool decking is unstable or the pool is not deep enough for diving and isn’t properly marked, someone could get injured. An offset diving board or slide could also cause someone to hit their head on a hard surface.

Pool owners can protect themselves from liability by making sure swimmers are adequately warned of depth and the risk of diving.

If a pool is not well maintained, cracks and other faults that surface from wear and tear or poorly balanced pool water can cause harm.

Taking a lot of precautions doesn’t insulate you from the risk of liability as a pool owner. That is why it is important for pool owners and facilities to monitor and take adequate care of their pool.

Swimming Pool Safety to Help You and Your Guests Avoid Pool Injuries

Pool owners and facilities must take great care in ensuring the safety of others by setting and enforcing rules. That is why there is always a lifeguard on duty at public pools, people fence off pools and extra steps are taken to prevent children from having easy access to pool areas. Here are some safety guidelines that can lessen the risk for pool personal injuries:

Enforce a no running or rough housing around the pool rule
Make sure guests are wearing non-slip shoes
Ensure children are supervised at all times, not just while swimming
Put a fence or barrier around the pool that stays locked
Thoroughly inspect your pool upon installation
Schedule regular cleanings and water testing

What Is a Phoenix Swimming Pool Injury Lawsuit?

Pool personal injury lawsuits are filed against the owner or manager of a pool for an incident that happened at their pool.

The pool owner or manager can be held accountable under premises liability laws, and the injured parties can potentially collect compensation for medical expenses, lost wages, pain and suffering and in some cases wrongful death.

Judges and juries often determine that these injuries were caused by negligence when pool accident injury cases make it to court. That’s one of the reasons so many swimming pool personal injury and wrongful death cases get settled out of court during negotiations.

Pool injury lawsuits are complicated and often become emotionally charged, especially when children are involved. If you or a loved one has suffered a serious pool injury or you’ve lost a loved one because of an improperly secured or maintained swimming pool, a Phoenix personal injury lawyer can help you navigate the process.

To learn more about collecting compensation for a pool injury, consider contacting one of the PHX Elite Lawyers listed on our website.

Will Alcohol or Marijuana Cause More DUIs in Phoenix in the Future?

Fri, 09 Jul 2021 20:52:52 GMT

Alcohol has always been a concern on the road. Drinking and driving is no joke. According to the National Highway Traffic Safety Administration , 28 people die every day due to drunk driving accidents in the United States. Aside from fatalities, driving under the influence resulted in over a million DUIs based on reports from the CDC in 2016.

Alcohol isn’t the only intoxicating substance that can get a driver pulled over for a DUI. Drug use is the cause of about 16 percent of accidents, and with the legalization of marijuana in Arizona, that number may be on the rise.

Drunk Driving

There are hundreds of statistics about drunk driving accidents and DUIs because it has been an ongoing issue for years and there are many advocacy groups that are committed to the issue.

The Zebra, an insurance comparison company, recently surveyed drunk drivers to gather drunk driving statistics for 2020 and 2021. They found some interesting trends in drunk driving, include some that are relevant to drunk driving injury accidents in Phoenix.

As of 2021, 17.3 percent of the surveyed group admitted to driving while buzzed. Between 2020 and 2021, people surveyed assumed Generation Y and Z were the most likely to drink and drive. Despite these perceptions, there are evidently a fair amount of people in almost all demographics who knowingly drive drunk at the risk of getting a DUI. The groups of people who drive drunk the most are 21- to 24-year-olds (Generation Z) at 27 percent, followed closely by 25- to 34-year-olds (Millennials) at 26 percent. Statistically their almost equal.

About four men get into drunk driving accidents for every one female driver who caused a drunk driving accident.

Some states may have a different laws that govern what constitutes drunk driving. Arizona, for example, has a no-tolerance policy. Just one sip of wine can get you a DUI. In all 50 states, however, it is illegal to drive with a blood-alcohol level over .08.

Effects of Driving While Drunk

Driving while intoxicated can impair basic functions in many ways. Drunk drivers often suffer a loss of judgment, have less muscle control and experience a lower state of alertness, making drunk driving extremely dangerous. Still, people continue to drink and drive, resulting in an astonishing number of DUIs in Phoenix every year.

Drunk driving also has a profound effect on the freedoms of people who partake in the reckless behavior. Multiple DUIs can result in jail sentences, license suspensions, the installation of an ignition interlock device in your vehicle, high fines and make it difficult for you to find a job in the future.

Legalization of Marijuana

Alcohol intoxication is not the only cause of DUIs. Narcotics found in your system, including marijuana, can result in a DUI. Marijuana is now legal in many states, including Arizona, but driving under the influence of it is not. Driving impaired with weed in your system is against the law in every state, whether you smoked legally or not.

While some people swear by the benefits of marijuana and believe it is less damaging or dangerous than alcohol, it can still cause significant impairment. THC from the cannabis can decrease body function and movement and delay thought processing.

Should Driving While High Be Illegal?

According to a study by PSB and Buzzfeed, nearly half of cannabis users believe it is safe to drive while high. A 2017 study by the American Public Health Association found that fatal collisions have not risen in states where weed has been legalized.

Many states, like Colorado, California and Arizona, have legalized recreational and medical marijuana. This has led to an increased concern about the rise of DUIs. Whether marijuana accidents will begin outpacing drunk driving accidents is hard to say. More people are beginning to be pulled over with both alcohol and drugs in their system. If anything, the trend will likely lead to a higher percentage of injury accidents where the driver is both drunk and high.

Some states are also adding DUI laws that apply specifically to the use of weed, but they are per se laws. If you were driving with THC in your system and got pulled over, you might be charged with driving while high. A per se marijuana DUI conviction is based just on the THC in the driver's system – it doesn’t matter if there’s no other evidence of driving while high. Unfortunately, since THC can stay in a person’s system for months after ingestion, it is possible you could be charged even if you weren’t high at the time of the stop.

Will There Be More Car Crashes in Phoenix Now That Weed Is Legal?

No one can say for sure whether the legalization of marijuana will lead to higher rates of DUI auto accident injuries. It will require years of data to prove for sure how marijuana effects the rate of auto accident injuries and deaths in the United States.

If you have been injured in an accident caused by a driver who was drunk or high, it may be in your best interest to speak with a car accident attorney or personal injury lawyer in Phoenix. An experienced DUI accident lawyer can help you understand the potential damages available in your case and your chances of success.

Contact one of our partner Phoenix personal injury lawyers get a free, no-obligation consultation.

Are Businesses Protected from Employees Suing for COVID-19 Negligence?

Fri, 09 Jul 2021 20:39:20 GMT

At the beginning of the pandemic, the overwhelming amount of uncertainty and fear lead to widespread shutdowns. Many businesses furloughed their employees or made remote work mandatory. One of the many factors that motivated businesses to take those steps were liability concerns.

Workers at grocery stores, drug stores, hospitals, hardware stores and other service and retail businesses deemed essential had to continue working in close proximity to customers in public-facing roles.

Companies like these had to do the best they could to maintain a clean and safe working environment. Maintaining a safe workplace isn’t optional for any business, regardless of the personal beliefs of owners and managers. Plenty of workers and customers did get sick in stores. Most of those COVID-19 infections likely weren’t preventable by reasonable means, but some of them were.

From a legal standpoint, if a business doubled or tripled their normal cleaning and disinfecting regimen during and after operations, required every worker and customer to wear masks and instituted strict social distancing guidelines, they would likely be protected from liability.

Business owners in Arizona that refused to adjust their day-to-day operations in 2020 might not have the same defense in a COVID-19 negligence case. Even then, it would only really be possible to hold a business liable if they knowingly put customers or employees at risk.

There were several cases across the nation along those lines. In most cases an employee got sick and the employer either hid it from other employees or knowingly kept the infected person on the clock. The problems escalate when that employer doesn’t enforce safety or disinfecting protocols. These cases often follow this type of scenario:

Employee got sick
Employer either lets or requires the employee to keep working
That employee gets customers or other workers sick
The people that employee infects get seriously ill or die
The family of the victims may be able to sue the employer for negligence

There are several difficult things with these cases. Maybe most importantly it’s difficult to prove the infected person’s injury or wrongful death can be directly tied to COVID-19 contracted at the business. The personal injury lawyer would also need to directly link the lax safety protocols to the infection being allowed to spread, despite the known risk.

COVID-19 negligence suits are in the realm of possibility and have been attempted, but they can be incredibly difficult to win unless an employer’s actions were particularly grievous.

When Did COVID-19 Personal Injury and Wrongful Death Cases Start?

Estimates suggest over a thousand COVID-19 wrongful death lawsuits have been filed across the nation. Most of those cases fell into one of two categories: residents of assisted living or retirement communities and “essential” workers. Cases began popping up in April and May 2020.

As soon as it became clear that certain people were going to be more vulnerable to infection, and their likelihood of actually getting infected would be highly dependent on controllable factors like mask wearing, social distancing and cleaning protocols, lawsuits became inevitable.

Difficulty With COVID-19 Personal Injury and Wrongful Death Cases

There have been state and federal pushes to create legislation to protect businesses from COVID-19 liability. Business liability shield laws are in place to protect them from such allegations, but that does not make them immune to all COVID-related cases.

In early April 2021, Governor Doug Ducey signed into law Arizona’s own version of these protections – SB 1377 . It essentially codified specific types of negligence a plaintiff will have to prove in order to bring a successful COVID-19 personal injury or wrongful death claim in Arizona.

However, it’s worth noting these new hurdles are not all that different from what was already established. In order to succeed the plaintiff and their legal team will have to show:

The business failed to protect workers or customers from the pandemic
There was willful misconduct or gross negligence through the business’s actions or inactions regarding COVID-19 risks

This is one of the many personal injury laws that uses the word “reasonable” to describe risk and mitigation actions. Like with premises liability lawsuits, what’s considered reasonable is often dependent on the business, the people involved and the specific situation.

Disinfecting common areas twice as often during COVID-19 might be reasonable but disinfecting every hour would likely be unreasonable. Requiring everyone in a salon to wear a mask might be reasonable but requiring employees to stay at least six feet from their clients in that salon would be unreasonable. Each case is unique, and the law is meant to allow legitimate claims to move forward while preventing frivolous COVID-19 lawsuit from proceeding.

Do You Think You Have a COVID-19 Case in Arizona?

SB 1377 won’t stop every COVID-19 lawsuit, especially when a business was being willfully negligent in their approach to the pandemic. There are situations where employers or caretakers in assisted living facilities failed to take adequate, reasonable preventative measures, and some Arizona workers, customers and residents got sick as a result.

If you think you have a legitime COVID-19 claim in Phoenix, consider contacting one of the attorneys listed on PHX Elite Lawyers . The sooner you act the better your chances for bringing a successful claim.