Geoffrey Trachtenberg’s Answers

Sadly, the answer is "absolutely." And there's little that any attorney can do to "force" a third-party insurance company to accept responsibility for a collision. In fact, it is not uncommon for these third-party insurers to deny even the most basic details about the accident.

YES, without a doubt. Get a lawyer now to help with everything. Often they can head off problems before they arise and prevent certain minor issues from becoming major issues. While I am happy to assist your boyfriend, please do contact someone reputable.

Yes, you have 30 days per Rule 4.2(m), Ariz.R.Civ.Proc., to respond to a complaint when served outside the State of Arizona. Yes, if the damages are not stating in the Complaint, and sometimes even when they are, the Court will hold a hearing to determine damages. It is not a "default hearing," because by that time default will have already been established. It is simply a "damages hearing" where the plaintiff's put on basic damages evidence and request a judgment for the specific amount....

Don't do it. The insurance company and their adjustor want you to settle without a lawyer. That way they can pay less to you and get away with not paying for all of your damages. Hiring a respected lawyer does not cost you anything and typically results in you getting more than you could without a lawyer. My firm, for example, will not accept the case if we cannot do better (on a net basis) for the client than they could do on their own -- and I am sure most other reputable lawyers here...

This is somewhat complicated. The money from your structured settlement was, obviously, intended for you. And more likely than not, your settlement was subject to court approval and a conservator was appointed by the court (perhaps it was your mom?). In any event, it is the conservator's legal obligation to oversee your property and protect it, and the court retains jurisdiction to deal with conservators who do not properly safeguard property. Your case is puzzling because, now that you...

Maybe I don't understand your question, but if I do the answer is "no, you cannot sue a manufacturer for damage to the vehicle." You can, however, sue the manufacturer for damage to your body (i.e., bodily injury) that was caused as a result of the vehicle's airbag failing to properly deploy. A cautionary note: these cases are extremely tough and it will be very hard to find an attorney willing to handle the case unless (1) you have some meaningful bodily injury and (2) you can show...

Sorry to hear about what happened. Even though statements were taken, no matter what what said at the time, stories change. So, aside from advising you that you have two years to get a complaint on file from the date of the accident, you need to consider whether there are any witnesses. Also, because this occurred at a gas station, there may be video recordings of what happened, but you have to act quickly to get these things or they will, undoubtedly, be routinely erased to discarded....

I am sorry to hear about your loss. And your reference to Wilmot v. Wilmot is 100% correct. The Wilmot case holds, among other things, that the lawyer you contacted owed you and the rest of the claimants (technically called "statutory beneficiaries") a fiduciary duty. The case also holds that the person(s) settling the case -- that is, the claimants that approved and accepted the wrongful death settlement money -- owe you and the rest of the claimants an identical duty of care to ensure...

Yes. If you owe past child support, pursue to ARS 25-505, et seq., DES or its agent "may issue a limited income withholding order to any . . . payor or other holder of a nonperiodic or lump sum payment that is owed or held for [your] benefit." According to ARS 25-505(E)(10), a "lump sum payment" includes "personal injury awards."

I am so very sorry about your father. Regrettably, this is not an uncommon issue in wrongful death cases. What generally needs to be done is someone needs to determine if there is any other applicable insurance. This can be tricky. Was the adverse driver working? Was the driver on a family errand? Is there underinsured coverage in the household that might apply? While you would also typically evaluate the adverse driver's assets, you described the driver as a "boy," so it is...