Posts tagged injury

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

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

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

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

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

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

• Attorney Referrals Used to Show Bias In Personal Injury Suits

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

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

• Insurance: Negligent Infliction of Emotional Distress

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

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

• Like a Good Neighbor?

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

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

• Liability for Negligent Creation of a Dangerous Condition

  Geoff Trachtenberg | March 21, 2007 10:38 AM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  When someone gets hurt on property or on a roadway, the issue that is litigated is typically whether there was sufficient "notice" to the property owner or entity responsible for the roadway. Often, however, proving such notice is not required where the defendant is responsible for creating the dangerous condition. As the Arizona Supreme Court recognized in Isbell v. Maricopa County, 198 Ariz....

• Negligent Injury or Death of a Pet

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

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

• Denniston Spinal Cord Surgery

  Christina Cole | March 08, 2007 4:25 PM | 0 CommentsTucson, AZ Category: Spinal Cord Injuries
  

  Dave Denniston, a former NCAA Champion from Auburn University and USA National Swim Team member is still recovering and healing from a tragic snow sledding accident on February 6th, 2005, that left him paralyzed from the waist down after suffering a spinal cord injury."Spinal fluid flow has been restored quicker than expected. Other than that, it has been hell having to lay on my side and not...

• Vioxx Jury Selection to Begin

  Christina Cole | February 21, 2007 10:17 AM | 0 CommentsScottsdale, AZ Category: Miscellaneous
  

  It has been three years since a 52-year-old woman died of a heart attack. Now the widower and pharmaceutical company are getting ready to fight out whether the painkiller Vioxx was the cause of her death. This is one of many personal injury lawsuits filed against the makers of Vioxx.The jury selection has begun in the first Midwest trial over Vioxx, the arthritis medication that Merck & Co.,...

• Cellphone Use and Driving

  Staff Writer | February 16, 2007 10:01 PM | 0 CommentsPhoenix, AZ Category: Automobile Accidents
  

  An article in today's Arizona Republic described the dangers of distractions and driving. According to the Republic, distracted drivers heighten risks of auto accidents: Driver distractions, ranging from cellphones to eating behind the wheel, are blamed for as many as half the 139,000 collisions that occurred in Arizona during 2005, killing more than 1,100 people and injuring 70,000 others,...