Arizona Personal Injury Laws

Hi, my name is Nathan Meyer. I’m a partner at Jaburg Wilk. My practice areas include insurance coverage, insurance bad faith, insurance UM and UIM litigation, as well as commercial litigation, professional liability litigation, and general liability litigation. There’s actually been some very favorable rulings for insurance companies regarding punitive damages. It started with a United States Supreme Court case in 2003 in Campbell. There is also recently been some Court of Appeals cases that has significantly reduced punitive damages award amounts to much more reasonable amounts in Arizona.

Reducing Punitive Damage Awards

In the United States Supreme court case “Campbell”, the court actually reduced a $145 million punitive damages award all the way down to a million dollars, or at least they said – they told the Utah Supreme Court, “We’re sending this back to you, and you need to reduce this award to something around a million dollars.”

In a recent Arizona Court of Appeals case, there was a $54 million punitive damages award. And the Court of Appeals initially reduced that from $54 million down to $620,000. Then the Arizona Supreme Court actually reduced it from $620,000 all the way down to $155,000. So it’s a substantial reduction.

Also you have another recent case called “Orellana the Prime Life Insurance Company”, and they reduced a punitive damage award from about $1.3 million all the way down to $320,000. So courts are really reducing some of these egregious punitive damages awards amounts down to something much more reasonable.

3 Factors Courts Consider When Reducing Punitive Damage Awards

In “Campbell V. State Farm”, that 2003 United States Supreme Court case, the court established three guide post a court should look at when they’re reviewing these large punitive damages awards.

One is reprehensibility, the degree of reprehensibility of the defendant’s conduct. Two is the disparity, and that’s where you get the ratio of the punitive damages to the compensatory damages. And the third is comparability to civil authorized fines, and those are usually fines authorized by statutes.

For example, in Arizona there is a maximum $50,000 fine per six month period when you violate the unfair claim settlement practices act. So those are the three things that courts look at when considering whether to reduce punitive damages.

By: Nathan D. Meyer

My name is Mack Jones and I’m a personal injury attorney at Jones Raczkowski PC, here in Phoenix, Arizona. Premises liability case is a case where a person is injured on the property of another, typically through a dangerous condition or dangerous instrumentality on the premises. So it is not a car accident and it’s not a medical malpractice case. It’s an injury that occurs when you fall on somebody else’s property typically.

Typically, broken sidewalk, a spill in the grocery store, falling merchandise – those are premises liability cases. In most of those types of cases, the defendant, the property owner, is going to assert that the injury is at least partially, if not completely, your fault. That’s why you need somebody who’s prepared to take the matter into litigation, and to court, because it will not resolve with a demand letter. It will have to go and be litigated.

If you have a serious personal injury, particularly if you were injured on premises, please contact my firm at (602) 840-8787, Jones Raczkowski PC.

By: Mack Jones

Phoenix Premises Liability

So, you’ve fallen because that employee mopped the floor and didn’t put up a warning sign. The lumbar was stacked too high, came down on top of you, caused you injury. Or you know what, those steps at your apartment complex, the concrete ones that were cracked, finally gave way when you were walking down. All of these are examples of premises liability cases.

Wattel & York

We handle premises liability cases. Many attorneys shy away from these cases, because they require time, they require effort. We pursue them vigorously. If you think you have a premises liability case, because there was a hazard, or an employee caused you harm when you were in their store, give us a call. We’ll evaluate. We’ll pursue your claim just like you were injured in an auto accident. An injury is an injury. You’re entitled to reasonable necessary medical care and thereafter, adequate compensation.

By: David Wattel

Unsafe Premises

Well one of the main things we’re worried about at Friedl Richardson, are unsafe premises. And premises are generally unsafe, because the owner of those premises, be it a supermarket, a retail establishment, or any other commercial building, chooses to violate building codes, and make their premises dangerous for the people they’re inviting on-board to buy their product.

The most common ways that people are injured on premises are ways in which it would be so easy for the premises owner to have avoided. Quite often it’s just something that the premises owner puts up to look good. Something the premises owner puts up temporarily. Something the premises owner puts up that attracts people into their business, yet is unsafe. And those are the most common ways people can be injured when they’re in and out of commercial establishments.

By: Thomas Richardson

Cyclist Personal Injury Litigation

One of the great things about being from Arizona of course, is our weather. And the weather invites people from all over the country to come in on their bicycles, and share our highways and our roads. And one of the things that Friedl Richardson is concerned about, is educating the public as to the rights of those bicyclists.

Three Foot Law

One of the laws that are so important in Arizona governing bicyclists, is the three foot law. When you have an absence of bike lanes, and you have bicycles sharing the highway with motorist, it’s important for the motorists to realize, that he has to allow three feet from the bicyclists. And the bicyclists have rights available to them through Arizona laws, through municipality laws.

That really protects them on the streets, with or without a bike lane. One of the things that we see so often on the Phoenix streets, and in Maricopa County, are bicycle collisions. That’s a vehicle to bicycle collision. And generally these collisions happen, because the vehicle is inattentive. In most situations throughout our state, the bicycle has the right of way in any type of vehicle bicycle encounter. Whatever it takes to make these highways safer, that’s our goal.

By: Thomas M. Richardson

My name is Mack Jones, and I’m a personal injury attorney at Jones Raczkowski PC. What is a serious personal injury? A serious personal injury is a type of injury that affects a person in substantial areas of their life. Often in terms of medical treatment, in loss of income, and in other ways. It typically involves a fracture, a torn ligament. It involves physical therapy and oftentimes surgery. If you’ve sustained a serious personal injury, please contact me at Jones Raczkowski PC. (602) 840-8787.

By: Mack Jones

Steps to Take Following Automobile Collision

After you’ve been in a collision, one of the main things you’re worried about is getting your vehicle fixed, and if there are any injuries, you’re worried about the appropriate steps to take to get better.So the most important advice I can give you is follow your doctor’s advice.

Once you’ve had a couple of days to collect your thoughts, then you can worry about calling an attorney or finding out what type of help you need. What you really want to do is practice preventative driving. That’s what we’re seeking to do through these lawsuits, through making the claims, is to help make the Arizona roads safer. We have to drive on these streets as well and we want them as safe for our families as we can have them.

One of the main ways to improve the community is to learn from mistakes, and that’s what we’re mainly focused on here Friedl Richardson is community safety.

By: Thomas Richardson

My name is Mark Raczkowski, and I’m an attorney at Jones Raczkowski PC in Phoenix, Arizona. Under most circumstances, if you slip and fall on somebody else’s property, they will not cover your medical expenses. Depends on what type of insurance coverage, if any, that they have as well as what assets they might have. But if you slip and fall and been seriously injured on someone’s property, the first thing you need to do is speak with an attorney that is familiar with the types of issues that come up in slip-and-fall and trip-and-fall cases. My office has focused on slip-and-fall and trip-and-fall cases for more than 25 years, and we know what to expect with regards to defendants that own property where people have been hurt. If you have questions about a serious injury that you’ve suffered as a result of a slip-and-fall on someone else’s property contact me through my website at www.azpremiseslaw.com.

By: Mark Raczkowski

Property Damages in Phoenix

I don’t understand why law firms don’t help injured victims out with their property damages. We at Wattel and York have a property damage division dedicated to serving our clients, whether that be getting your vehicle repaired properly, or getting a fair market value on the total loss. You know, if your vehicle needs to be repaired, it needs to be repaired properly and safely.

Insurance Companies

Insurance companies cut corners these days and they make money by having you go to their shops. Why, because they control the labor costs, because they can put the parts that they want on your vehicle. We recommend you get it repaired at an independent body shop, not one that’s contracted with an insurance company through a direct repair program. We recommend you have OEM parts utilized in the repair, not after market parts. Those after market parts may not fit. In addition, they may nullify your manufacturer warranty.

Wattel & York

Let us help you with the property damage portion of your claim. We do it without cost to you if we’re handling your personal injury claim.

By: David Wattel