Tucson Lawyer Blog

All
  • All
  • Arbitration
  • Arizona Law
  • Auto Accident
  • Bicycle Accident
  • Business Formation
  • Business Law
  • Chemical Injury
  • Criminal Law
  • Disputes
  • Divorce
  • Dog Bite
  • DUI
  • Embezzlement
  • Estate Planning
  • Family Law
  • Legal Separation
  • Mediation
  • Medical Malpactice
  • Pedestrian Accident
  • Personal Injury
  • Power Of Attorney
  • Probate
  • Real Estate
  • Slip & Fall
  • Trust
  • Uncategorized
  • Wills

Dodge Blindfold Ad

Can you spot the problem with this ad? 

Fault and Legal Rights in a Rear-End Collision

In Arizona, rear end accidents are the most common type of collisions, representing 45 percent of all crashes. According to the Arizona Department of Transportation and shocking 11 percent of these are fatal. Why Rear-End Collisions Occur A rear-end collision is a type of car accident where one vehicle is struck from behind by the vehicle following it. These types of situations are almost […]

Everything You Need to Know About Medical Malpractice Lawsuit

Doctors and physicians are some of the most highly trained professionals. They practice the art of medicine and are always learning new innovative ways to progress medicine and prolong life. For these reasons we ask for their help and place a unique trust in the relationship. You hope to not be a number to them, you want them […]

How to Prove Fault in a Car Accident

Let’s face it, being in a car accident is a fantastic way to ruin your day; but if you are injured or there is severe damage from the accident it will affect more than just your day. While some states are no-fault states when it comes to car accidents, Arizona is an at-fault state, meaning […]

What to Do When You Aren’t at Fault in a Rental Car Accident

Imagine, you are on vacation enjoying a beautiful day, when out of nowhere you are struck by another car. The accident was clearly not your fault, but you are driving a rental car; what do you do? The initial steps will not be much different than an accident in your own car; you should make sure […]

Insurance Companies Requesting Medical Records

Whether you were hurt in a motor vehicle collision, or injured when a piece of equipment malfunctioned or harmed by a defective product, you may have a case for a personal injury claim.  Unfortunately, to obtain fair compensation, you may have to engage with inflexible and unreasonable insurance corporations. Whenever you are trying to collect from an insurance company after an auto accident, or suing the manufacturer of a faulty product, […]

Fatal Dog Bites in Arizona

Arizona law provides for strict liability against dog owners in the event that their animals bite or attack others. This means that the owners are legally responsible for any injuries or deaths caused by their dogs, regardless of where the attacks took place. Fatal Arizona Dog Attacks Tragically, some dog attacks do turn fatal, and […]

Types of Sports Injuries

A growing number of Americans are engaging in physical activity, and that also means a greater number of Americans are getting injured while doing so. According to according to a recent study from the US Department of Health and Human Services an estimated 8.6 million sports-related injuries occurred in 2014. Many adults are hurt every […]

6 Types of Auto Insurance You Need to Consider in Arizona

Last year, the number of vehicle collisions in Arizona rose 8.6 percent to an astounding 126,845. The economic impact associated with these accidents is stunning. Similar to many other states, Arizona requires that all drivers show financial responsibility for damages that may be incurred in an accident. This means that drivers must show they can […]

3 Devastating Effects of Drunk Driving and Accident Disasters

The statistics are staggering. Every day, 28 people in the United States die in motor vehicle crashes that involve an alcohol-impaired driver. Driving under the influence of alcohol is a crime in all 50 states. Arizona takes drunk driving very seriously and has some of the toughest laws in the nation. In this state, drunk driving has […]

Dealing With Dogs While on a Bicycle Ride

If you have been bicycling long enough, chances are that you have been chased by a dog. In towns and suburban areas, dogs are common and many are not leashed despite leash laws. In some instances, dogs on their owner’s property will chase you if they spot you spinning by the property. Dogs are descendants […]

Safe Cycling Tips for An Enjoyable Ride

Bicycles are becoming ubiquitous. Towns and cities across the nation are accommodating cyclists with marked bike lanes, traffic signals for cyclists, and off-road trails. It is not uncommon to see commuters taking to their bicyclists for rides of 20 miles or more each way to their office on side roads and trails to avoid the […]

Safe Cycling Tips: Cycling Mistakes That You are Guilty Of

Bicycling has taken off in recent years. Lance Armstrong’s successes in the Tour de France, the worlds’ premiere bicycle race, though ultimately tainted, enticed millions of people to get interested in riding and that trend has continued. But if you want to be safe, comfortable, and enjoy bicycling, and get the most out of its […]

Resolving Personal Injury Case Using Arbitration

Personal injury claims are one of the most common cases that are litigated. Millions of people are injured each year in car accidents, slip and falls, by defective products and drugs, and by medical malpractice. Most of these claims are settled without a lawsuit being filed or after litigation has begun but prior to trial. […]

My Rights After Being Injured by a DUI Driver in Arizona

It’s something you never want to think about; being the victim of a car accident, or even worse, being a victim of a DUI accident. It isn’t a pleasant thought, but if you or someone close to you is injured in a DUI accident what can you do? What actions are available to you as a victim? Tort […]

Difference Between Paralegal vs. Litigator

Legal professionals include attorneys, legal assistants, secretaries and paralegals. In some jurisdictions, paralegals are allowed to set up their own practices and to conduct legal business on a limited basis. In most instances, though, paralegals work for attorneys. While many attorneys have solo practices with no secretary or paralegal, many firms would be lost without […]

Examples of Arbitration Cases

Arbitration is a type of alternative dispute resolution process in which parties that have a legal dispute forego the court process and submit their case to an arbitrator or arbitration panel to decide the matter. Arbitration is still litigation since the parties will want to conduct the usual discovery including requesting relevant documents, submitting interrogatory […]

The Difference Among Mediation, Arbitration, and Litigation

When you feel that another individual or entity has caused you damages in some manner, you can initiate a claim for damages against that party. Most claims are begun by putting the other party on notice of an intent to claim damages that may be economic, i.e., medical expenses, wage losses, property damage; or non-economic, […]

Misdiagnosis and Medical Malpractice

Doctors and other healthcare providers often do tremendous work in diagnosing and treating disease and injuries. To become a physician, surgeon, nurse, or pharmacist takes dedication, hard work, long hours, and meticulous attention to detail. However, there are healthcare providers who are not as competent as others or who make serious errors that can result […]

Slip and Fall at a Resort

Millions of people visit Arizona and its resorts each year for our weather, golf, skiing, hiking, and other entertainment opportunities during the holiday season or any other time of year. But accidents at resorts do occur and when they result in injuries from the fault of the resort staff or others, you should be reasonably […]

Do You Need an Attorney for Your Auto Accident?

Auto accidents are the most common injury claims that are made since there are over 5 million auto-related accidents each year resulting in about 49,000 fatalities and 2.9 million people suffering minor to catastrophic injuries. Many accidents appear clear-cut, with fault by one party clearly evident and a victim’s injuries visible and obvious. But does […]

Christmas Safety Tips to Avoid Personal Injuries

Christmas is probably the most anticipated holiday of the year, even surpassing the beginning of summer vacation for many people. Christmas means trees, shopping, being with family, opening presents, office parties, and traveling to visit friends and family. It is also a time when many injuries occur because of carelessness and heavy drinking in some […]

Hazardous Chemical Injuries At Work

“There were approximately 2.9 million nonfatal workplace injuries and illnesses reported by private industry employers in 2015…the U.S. Bureau of Labor Statistics reported. Some of the injuries were the result of exposure to hazardous chemicals. Whether in the workplace or at home, exposure to chemicals can cause damaging health conditions that last a lifetime. Chemical […]

Understanding State Liability Laws: Fault and No-Fault Accidents

All states have laws regarding liability in case of an accident. To obtain compensation for injuries, you generally have to prove by the standard of proof by a preponderance of the evidence that another party or entity was negligent or otherwise caused your injury and damages. Some states, however, are no-fault states. No-fault is an […]

What Happens to Trust Assets in a Divorce?

A trust is a legal agreement between one or more settlors creating the trust, one or more trustees who are responsible for managing the trust, and one or more trust beneficiaries. When a trust is created, the settlor transfers ownership of certain assets to the trustee, who manages that property for the immediate or future […]

Worst Auto Accidents in Arizona History

Unfortunately, certain areas of the country are extremely prone to accidents and Arizona is no different. Understanding the accident-prone areas in Arizona and how you can avoid being catastrophically injured in such an accident is important for protecting your interests. Sadly, far too many of the worst auto accidents in Arizona have claimed the lives […]

Understanding Special Needs Trusts

When you have a loved one who has special needs, one concern you have is what happens to them if you are no longer there to provide care, and financial support. While many disabled individuals are eligible for government benefits, these benefits are means tested; this means you cannot simply leave money to your loved […]

Ten Tips You Should Know About Wealth Transfer

Looking for estate planning help in Arizona? If you’ve amassed significant wealth or belongings over your life, having a clearly-developed plan that considers taxes and individual desires can help you successfully pass things on. Our estate planning lawyers in AZ are equipped with the background knowledge, experience, and resources to help you craft the right […]

Defective Vehicle Parts That May Cause Crashes

In the wake of a serious vehicle accident, it’s often overwhelming to try to figure out what went wrong. The entire experience might seem like a blur and the physical injuries you have suffered may make it difficult or impossible to remember what truly happened to cause this situation. If you ultimately discover that a […]

Common Law Marriage and Divorce in Arizona

Common law marriage, also known as “sui juris” or informal marriage, is a legally binding marriage established when two people cohabitate for a set amount of time and hold themselves out to others as a married couple. This couple will not have gone through a formal ceremony or have a valid marriage license. People entering […]

Car Accident Compensation in Arizona

Car accident compensation can be the driver’s typical first thought after he or she has been involved in a car accident. In Arizona, automobile accident laws are among the most favorable for drivers in the country. Naturally, if you were not at fault, your chance of success is even greater. If you are at fault […]

Car Accident Compensation Facts in Arizona

One of the questions we frequently get from clients who were injured in a car accident is “how much can I expect to receive from a personal injury lawsuit?”. There is no simple answer to this because every case is different. Arizona is an at-fault state; this means you have the right to file a […]

Calculate Car Accident Settlements in Arizona

Arizona is known to be one of the most dangerous states for automobile accidents according to a nationally known insurance company. There are far worst cities for traffic, however, rush hour is still rush hour in the wild, wild west and tailgating, construction and speed demons contribute to Arizona car accidents. It helps to know […]

Legal Separation in Arizona: Everything You Need to Know

Almost half of marriages today end in divorce. Divorce is an increasingly common and popular topic. Legal separation, on the other hand, isn’t as openly discussed or well-known but is just as important. When marriages experience difficulties each party should know the options that are available and what those options entail. Legal separation in Arizona […]

What Happens if I Die Without a Will in Arizona?

Procrastination is the enemy of any good estate plan and probate without a will is the reality for many in Arizona because of it. The law in Arizona makes provisions for a “default will” for those people who die without one.  These laws are found at ARS § 14-2101, et seq., and are  commonly referred […]

What to do if you are Bitten by a Dog in Arizona

A dog bite can be a very traumatizing experience as well as a very painful one. If you or a loved one has been bitten, there are several steps you can take that can prove to be very helpful immediately, and later, especially if the bite is serious. This list will help you to know […]

How to Start a Business in Arizona

More than 640,000 new businesses are started each year in the United States. As millennials bring their work-life balance thoughts to the marketplace, Gen-X folks seek to bring their business ideas to fruition and Baby Boomers give post-retirement companies a try, this number is likely to rise. Naturally, there are many caveats for ensuring business […]

7 Legal Steps for Dispute Resolution in Arizona

People facing disputes in Arizona can choose Alternate Dispute Resolution or ADR instead of a traditional trial. These options are often chosen because they can sometimes result in settlements that are faster or less expensive. Also, they are often desired because the proceedings are private. When preparing for the process, both sides can improve their […]

Car Accident Injury in Arizona: What Happens When Insurance Isn’t Enough

When a car accident injury occurs, and is serious, medical and repair/replacement costs can skyrocket—sometimes exceeding the car insurance limits. What now? If you don’t know what to do after a car accident here’s a 5 car accident checklist to guide you. Car insurance is required by law yet uninsured drivers continue to drive unlawfully. Statistics tell […]

Possible Property Disputes in Arizona

Arizona is no longer the land of the wild, wild west. According to the Arizona Republic, more than 80,000 people move into Arizona each year, that’s 223 each day. Many seek our wonderful climate and one of the most popular assets: land to build new homes. Unfortunately, property disputes often arise after folks purchase property […]

Embezzlement Cases: What You Need to Know

Embezzlement is a word one hears in the news about large companies and politicians. However, it is not only crime of high finance or corporate theft—it can happen anywhere. Have you served as a president or treasurer for a club or organization? If you have, you likely have had access to the bank accounts for […]

Health Care Power of Attorney in Arizona

Having a Health Care Power of Attorney can save your family heartache, money, and time in the event you require medical care, and are unable to communicate your own wishes regarding that care. How does a Health Care Power of Attorney work? Who should you name as your Health Care Power of Attorney? Naturally, these […]

Arizona Power of Attorney Basics

When something tragic happens to a family member such as a stroke, heart attack or other debilitating illness, whether that person has a general power of attorney in place can be the last thing on anyone’s mind. But not for long. As soon as anyone attempts to help manage the crisis, the hassle becomes evident […]

Commercial Truck Accidents: An Insiders Look at the Personal Injury Legal Process

In commercial truck accidents, operators are held to far more regulations than private citizens, so sorting everything out can be complicated. These regulations can impact any accident with a standard vehicle. If you have been personally injured during an accident that occurred with a commercial truck, being aware of these regulations and understanding them is […]

Car Accident in Arizona: Your Critical Top 5 Actions Checklist

If you are involved in a car accident in Arizona, after assessing your injuries, your first call should be to contact 911 and your second call, should be to an attorney. Car accidents are jarring and can shake the calmest of people to their core. The mistakes made the day of the car accident–and in […]

Pre and Postnuptial Agreements: Are They for You?

Prenuptial agreements are rarely in the minds of movie watchers when the beautiful film bride, engulfed in her expensive gown, joyfully gets ready for her big entrance. Imagine the scene if suddenly, the soon-to-be groom and one of his parents or the family attorney knocks at the waiting room door with paperwork in hand. The […]

Settling Employment Disputes

Employment disputes can arise unexpectedly in any number of ways. When disagreements arise, relationships and day-to-day interactions can become fragile. If you’re a struggling employee, it can begin to feel like there only two options, to forego your position or to turn your back on the dispute. To help understand the potential outcomes, it is […]

Forming a New Arizona Company: What You Need to Know

  Do you have a business idea? Are you ready to establish a new company? Forming a limited liability company ( “LLC”) in Arizona will help protect your personal assets from any potential lawsuits or judgments that could be filed against your business but it is not absolute liability protection. An LLC is a legal […]

Medical Malpractice: Do I Have a Case?

As patients, we must trust our healthcare providers.  We must believe that they have our best interests at heart and will do everything in their power to provide the best care possible. Unfortunately, sometimes that just isn’t the case. Sometimes a doctor simply makes the wrong decision at a critical time. The aftermath can leave […]

Dog Bite Lawsuits: What You Need to Know

According to the ASPCA, 44 percent of American households own pets. This adds up to 78 million dogs in US homes today. With the joy of owning a dog comes considerable responsibility for its care. Understanding your legal responsibility for maintaining safety for others around your family pets can save a dog owner heartache and […]

What Are the Advantages and Disadvantages of Arbitration?

Arbitration Definition If you have a dispute that you need legal assistance settling, is arbitration the answer?  Arbitration at its best can help you swiftly and peacefully settle disagreements in a private and less expensive forum.  This does not mean it is a one size fits all solution.  Read on to learn more about the pros, cons […]

Arizona Bicycles and Traffic Rules

Did you know bicycles are required to follow traffic rules? Did you know you can get a ticket for speeding, running a stop sign, failing to yield and riding on the sidewalk? Most people do not know that these are some things one should not do on a bicycle. Now logic requires a 6 year […]

What is Mediation?

The best approach to winning cases and settling disputes is not always going to court. There are instances where the best approach is to avoid court through Alternative Dispute Resolution (ADR), which can avoid long delays and high costs. You can either mediate or arbitrate. But, contrary to popular belief, the two most important ADR methods, mediation […]

Relocate Without Notifying Other Parent

Simply put, NO, you should never relocate without notifying the child’s other parent. Under Arizona Law, Arizona Revised Statute 25-408, under almost all factual circumstances a parent must provide written notice at least 45 days prior to relocating with the minor child(ren).

Sole Custody

Since January of 2013, Arizona has “joint legal decision making authority” and “parenting time.” No custody, either legal or physical. What this means is that the default rule in Arizona is that parents share joint legal decision making authority for their kids, and some variation of parenting time.

Under-Insurance Coverage

Why of course you have automobile insurance that covers you if you are in an accident. The state requires a very minimum policy so at least you have what is called a 15/30 minimum policy ($15,000 per person/$30,000 maximum per accident). And, if you are like most people, you have a lot more insurance if you have any assets.

Wills for Recent Grads

For most people in their 20’s and 30’s, the aging process and their own mortality are not exactly matters of pressing concern. Perhaps, if they are married or have children, the concept of what will happen when they are gone has at least crossed their mind.

Sending Emails During Divorce

One of the most difficult things about divorce, even divorces that are relatively amicable, is learning a new way to communicate with your former partner, especially when children are involved. While I am sure that some (saintly) people are able to continue to treat their ex-spouse in the same loving and compassionate manner that they did while they were married, most of the rest of us would occasionally like to take a two-by-four to the other person’s head.

Estate and Gift Tax Laws

After years of uncertainty, the Congress and President in 2013 enacted permanent legislation that now provides definitive rules to estate planners and their clients on estate and gift taxes (at least until Congress and the President decide to change the rules at some time in the future).

Lien Against Insurance Proceeds

Did you know that a hospital or health care provider can file a lien against the proceeds of any settlement or judgment you may get against the person who ran the red light and hit you. Even though your insurance paid the bill, the medical provider may claim a balanced bill lien.

What to Do After a Car Accident

1. Are you safe where you are? You must assess should you remain in the vehicle or get out. That depends on factors such as fuel leaks, can you safely exit the vehicle, is the vehicle in a spot that is dangerous and what are your injuries?

Insurance Reimbursements After an Accident

Where’d the Money Go? It seems more and more people are involved in motor vehicle collisions and find out that the Doctor, the Hospital, the Ambulance Company and other lien holders, all have their hand out for any settlement check or judgment you may recover from the person or their insurance company who was responsible.  […]

Can My Kids Come to Court?

No. Well, no if you are in the family court because you are getting a divorce or dealing with legal decision making and parenting time issues. (Remember, Arizona doesn’t have “custody” anymore.) Kids aren’t allowed in Family Court. In fact, most of what kids say is not allowed in Family Court, because their statements are […]

Financial power of attorney

Will the Financial Power of Attorney I Signed Be Enforceable? When a principal signs a power of attorney, he or she expects that it will give the agent all the authority he or she needs his affairs.  Unfortunately, that is not always the case.  A financial power of attorney is a document whereby the person […]

How To Keep Your Estate out of the Hands of Your Creditors

Keeping Estate from Creditors Throughout your life, you’ve worked hard to save money, spend responsibly, and even leave a little (or a lot) to your family when you’re gone. It makes sense that you would not want to see it frittered away on things that would probably make you roll over in the grave. There […]

Establishing Paternity in Arizona

We Were Never Married But Have Kids Arizona law gives moms default custody of kids who were born to parents who were not married at the time of there birth. Even if Dad’s name is on the birth certificate or paternity was established through a IV-D child support action brought by the Department of Economic […]

Dog Licensing Laws

Who Let the Dogs Out? I am continuously surprised by the number of people who do not realize that they are required to license their dogs in Arizona.  They are even more surprised by the hefty fines associated with an offense/citation for not licensing their dog.  Even if your pet is an “indoor dog” Pima […]

Family Law Agreement

Did We Come to an Agreement? Rule 69 of the Rules of Family Law Procedure generally govern whether parties have come to a binding agreement in a family law case. The Rule requires that in order for an agreement to be considered binding it must be either (1) in writing; or (2) set forth on […]

What is Double Jeopardy

Double Edged: The knife and Jeopardy  What could come of the dramatic discovery of a knife potentially connecting O.J. Simpson to the deaths of Nicole Simpson and Ronald Goldman?   Can he be re-tried on murder charges or tried on other related charges? News and social media are reporting the discovery of a folding buck knife found […]

What to do when Illegally Recorded

Invasion of the Body Snatchers It seems nowadays that for every event, for every circumstance, for every occasion there is someone ready to record it on a smart phone.   The sense of privacy which existed before smartphones became so prevalent is long gone.   With social media controlling so much of what people see and hear, […]

Uninsured Driver

Uninsured and underinsured claims Why would I need a lawyer if my injury claim is for uninsured or uninsured coverage with my own carrier? Because they are not your friend! Most people feel that their own carrier will treat them fairly if they are injured by an uninsured or underinsured driver. Most people believe this […]

How To Come to Agreements With Your Ex

But They’re Impossible! If you have children with your ex-partner, and the relationship is still tense or antagonistic, it may seem like you are never able to come to an agreement. And with the default rule in Arizona being that parents should share joint legal decision making authority, it is highly likely that you will […]

Grandparents Guide to Child Custody

My Grandkids Are in Foster Care – Now What? When kids are removed from their parents’ care because of allegations of abuse or neglect, this starts the Dependency process in the juvenile courts in Arizona. In Arizona our laws have a preference that kids be placed with a family member, usually a grandparent, or another […]

Designating Care Provider for Children

Can a parent or guardian designate a person to provide for the care, custody and property of a minor child? In Arizona, the parent or guardian may delegate to another person any or all powers regarding the care, custody and property of a minor child, except the power to consent to marriage or adoption, for […]

Funding Your Living Trust

CONGRATULATIONS, YOU HAVE A LIVING TRUST! DID ANYONE BOTHER TO FUND IT? You met with the attorney (maybe several times), gave him or her all the information he or she needed about your assets, and finally got all the documents signed. You’re done, right? Time to check it off your to do list? Not so […]

Dependency Law

WHAT IS DEPENDENCY LAW? A Dependency is a pseudo civil case involving children, their parents and usually the state. The Petitioner, usually the State, takes custody of the child(ren) and files a Dependency Petition, stating that the parents are unable to care for the children without causing abuse or neglect of the child. Dependencies are long and drawn […]

What do you do if you have been served with a subpoena

WHAT DO YOU DO IF YOU HAVE BEEN SERVED WITH A SUBPOENA?   DON’T IGNORE IT! There are two types of subpoenas that you can be served with.  One requires your presence in court to provide testimony. The other requires that you provide written materials, documentation, or some other sort of documentary information.   A […]

Truck Accident Lawyer

Truck Accident Lawyer: Truck vs. Car Truck vs. Car and the laws of physics. Every day on the interstate big rigs and cars have to travel together. Unfortunately the laws of physics do not allow them to occupy the same place at the same time. We hear about a parallel universe but the theory does […]

Can I Lose My Home to Unpaid Creditors?

Circumstances arise where you may be unable to pay your creditors and collection agents begin threatening you with lawsuits, judgments, garnishments, attachments.  You may not be able financially to pay the creditors.  Are you at risk of losing your home? We need to identify the creditor(s) who are pursuing you.  The creditor who has a […]

Joint Ownership of Bank Accounts at Death

An elderly parent who is a widow/widower frequently believes the children will live in a harmonious, caring and sharing relationship after the death of the parent.  While this may prove accurate, it frequently is an unrealistic fantasy and there is no guaranty the parent’s expectations will be met.  Attempting to explain this to a parent […]

Legal Ways to Ruin Your Holiday

Happy Holidays……………You have been sued! What could ruin a perfect holiday: Too many things to list in this article? But here are a few tips to avoid potential liability. That swimming pool that has been ignored now that it is cold is still an attraction to a child visiting. Make sure the gate is closed […]

The Use and Misuse of Powers of Attorney

Have you signed a power of attorney? Are you considering signing a power of attorney or are you named as the agent on a power of attorney for a family member or close personal friend? If so, this article is directed to you. We can classify powers of attorney into two broad categories: (1) health […]

What is a Consent Decree?

So, What’s a Consent Decree? The Easier Way to Divorce A Consent Decree could be considered the easier way to divorce, if there is such a thing. You and your spouse get to a Consent Decree by working together, either on your own or in mediation to come to agreements about Legal Decision Making Authority […]

Using Small Claims Court to Collect on a Debt

HOW CAN I COLLECT A SMALL AMOUNT I AM OWED? Suppose one of the following: (1) you are owed a “small” debt; (2) you entered a contract for some product for your home and it hasn’t been provided or is defective; (3) you were involved in an auto accident where your only claim is damage […]

Pima County DUI Laws Explained

Just One More Drink Most folks’ attitude towards DUI law is the same – I’d rather not know about it until after it happens to me or my loved ones. But it’s actually very important to know, either for your own benefit or so that you can let your kids and friends know the serious consequences that […]

Passenger Injury Lawyer Assists Personal Injuries as a Passenger

When an automobile collision occurs, the medical bills from the injuries can be staggering. As a passenger, you often do not want to sue the person who was driving the vehicle you were in. Many times you feel it was the other person’s fault. But as a passenger, you may need to include the driver […]

What to Do After a Pedestrian Accident

Back to School Advice: Pedestrian vs. Automobile at School Crossings The first thing your children must realize is if you are the pedestrian, you are not winning a battle with a car. Personal injuries from this type of accident can be very extensive if not fatal. So remind your children, even if they have the […]

Consent in a DUI Investigation

Coerced vs Actual Consent in DUI Investigations Is a person “required” to consent to a breath or blood test after Valenzuela? Don’t get too excited about a recent Arizona Supreme Court case, State v. Valenzuela,No. CR-15-0222-PR, April 26, 2016.   On the surface, one would think that the Court’s discussion centered on the validity of the […]

Will My Assets Go to the State if I Die Without a Will?

I have frequently heard friends and acquaintances tell me: “I have to have a will done so my assets will not ‘go to the state’ when I die.”  In almost all instances this is an inaccurate statement!  Laws in different states will vary on this but the laws in Arizona address most situations where an […]

Affidavit to Access Property After a Death

THE SMALL ESTATE AFFIDAVIT AND AVOIDING PROBATE “My mom had a checking and savings account in her name only with no beneficiaries named.  All her other assets were either in joint names or had beneficiaries named.  Now that my mom is deceased, do I have to open a probate to gain control of these accounts?” […]

Statute of Limitations in Arizona

Did you know that there is a time limit by which you can sue someone for their wrongful conduct? The law that applies to the time limits that apply to various kinds of lawsuits is called a Statute of Limitations.  Each state has different laws and time frames and each kind of lawsuit also has […]

Should I Stay or Go in a Divorce

Should I Stay or Should I Go? Maybe you saw this article recently that suggests that worst thing a Dad can do in a divorce is leave the family home. Don’t believe it.  http:http://www.huffingtonpost.com/joseph-e-cordell/moving-out-after-divorce_b_5510895.html// Unless you live in a state in which the divorce laws were written in 1820, this is bunk.  Arizona has no […]

Personal Injury Medical Liens

Medical Liens arising from Auto Accidents? Did you know that Medicare, VA, Indian Health and other government funded agencies and policies, have a super lien on anything you recover from an automobile accident. Simply put if you receive these benefits, and you recover money from an automobile accident, you have to pay them back. Did […]

Parents Liability for their Child’s Acts

My kid did WHAT! As parents we do the best we can to teach our children right from wrong. And for the most part they listen. But listening is not always enough. They need not to do the act or you as a parent could be liable for up to $15,000 by law. How does […]

Proving Personal Injury Damages

When involved in a motor vehicle Accident and you seek damages, this is an instruction the jury will hear. REVISED ARIZONA JURY INSTRUCTIONS (CIVIL), 5TH (July 2013) 2 PERSONAL INJURY DAMAGES 1 Measure of Damages If you find [any] [name of defendant] liable to [name of plaintiff], you must then decide the full amount of […]

Nimrod and Nino : What is the Meaning?

Recently, I was reading “A Tribute to Nino”, an article beginning on page 24 of the April 2016 issue of the American Bar Journal written by Bryan A. Garner.  The article was written as a tribute to Justice Antonin Scalia using Justice Scalia’s preferred nickname “Nino”.  Bryan A. Garner is a distinguished research professor of […]

Before You Settle With an Insurance Company Adjuster

When you have been injured in an accident, the other side may not want to tell you the truth about the defendant driver, the condition of the vehicle he or she was driving, any medical issues that may have made that person ineligible to have a license and a host of other facts important to […]

Avoiding Probate on Your Car

MVD Beneficiary Deeds: One More Tool to Help Avoid Probate Did you know that you can designate a beneficiary who will automatically take title to your vehicle(s) upon your death without the need for probate? Arizona Revised Statutes Section 28-2055 allows a vehicle owner to make such a transfer by completing the Beneficiary designation form […]

Who Do I Sue in a Motor Vehicle Accident?

Who you sue in a motor vehicle accident can depend on many factors. As you can see from the Jury Instruction below, a person may very well be the agent of another making the other person liable for the accident. This is seen in the employer relationship on a regular basis. We call that Respondeat […]