John M Curtin’s Answers

John M Curtin

Phoenix Medical Malpractice Attorney.

Contributor Level 13
  1. Should I get a personal injury attorney or try to negotiate with Geico myself?

    Answered over 1 year ago.

    1. John M Curtin
    2. Leigh Anne Timiney
    3. Bruce M Squire
    4. Kevin M Garrison
    5. Mark John Caruso
    6. ···
    22 lawyer answers

    I would strongly suggest that you consult an attorney. In a significant injury case there are many issues that an attorney can help you with -- to maximize the outcome, make sure that all available insurance coverages are utilized, and that any medical liens or bills paid by you are minimized. The insurance adjuster's job is to pay as little as possible on the claim. If you wish to discuss this further, my office handles these types of claims on a contingent fee basis and could provide some...

    31 lawyers agreed with this answer

  2. Are There Any Dangers Of Not Having A Formal Settlement Release Signed By The Parties After A Claim Has Been Settled?

    Answered 7 months ago.

    1. John M Curtin
    2. Andrew Lawrence Weitz
    3. Alan James Brinkmeier
    4. Michael David Myers
    5. Philip Anthony Fabiano
    6. ···
    8 lawyer answers

    I expect that the ADR agreement is only a precursor to a full settlement agreement which fully sets forth the terms. If you are defending a lawsuit, my guess is that your have insurance and an attorney. If so, insurance companies ALWAYS get a signed release, so I would not worry about it. Ask your attorney.

    16 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. Someone falls in a restaurant due to water on the floor but there was signs who is liable?

    Answered 10 months ago.

    1. John M Curtin
    2. C. Andrew Campbell
    3. Jacob W Pillsbury
    4. David Herman Hirsch
    5. John Eugene Kelly
    6. ···
    7 lawyer answers

    There is no simple answer to that question. The owner has an obligation to keep the premises safe and to warn of known hazards. On the other hand, if a warning is provided did the victim exercise appropriate caution? Was the sign sufficiently conspicuous? There are a bunch of questions here that only a jury can ultimately answer, but an attorney can guide you and help you if the injuries make the claim worth pursuing.

    15 lawyers agreed with this answer

  4. Does a malpractice case have to have lasting injuries for a lawyer to take the case?

    Answered 7 months ago.

    1. John M Curtin
    2. Brian John Holmes
    3. Richard Todd Rosenstein
    4. Jennifer L. Ellis
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    The requirement of substantial damages is not a legal requirement but a practical one. Because a medical malpractice case requires a large investment of time and advanced out of pocket costs, most attorneys will not take a case unless: 1) the potential damages justify the amount of work needed; and 2) the merits of the case give rise to a strong chance of success. These cases are too risky and too time consuming and too expensive for an attorney to take a small case, even where the merits are...

    14 lawyers agreed with this answer

  5. How Are General Damages For A Psychiatric Injury Calculated In Arizona?

    Answered 9 months ago.

    1. John M Curtin
    2. David Ian Schoen
    3. Christian K. Lassen II
    4. Samuel Cohen
    5. Robert Miles Gregory
    5 lawyer answers

    Arizona law draws distinctions between damages which can be calculated with specificity (special damages) and damages which cannot be calculated with specificity (general damages). General damages would include emotional pain, suffering mental anguish and the like. Special damages would include cost of past and future medical care. A jury determines the amount of money necessary to compensate for general damages, so there is no way calculate the vale in advance, albeit an experienced...

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  6. I recently fell at Circle K and broke my knee cap, what do i do?

    Answered 8 months ago.

    1. John M Curtin
    2. Carl Engstrand
    3. Christian K. Lassen II
    4. Philip Anthony Fabiano
    5. Jeffrey Mark Adams
    6. ···
    6 lawyer answers

    If the fall was caused by some dangerous condition of the property, Circle K may have liability. If so, you should contact and attorney, who can likely assist you with obtaining treatment.

    12 lawyers agreed with this answer

  7. Does improper dispensing of Coumadin fall under category of medical malpractice? This resulted in the death of my wife.

    Answered 10 months ago.

    1. John M Curtin
    2. John P Ager
    3. Harry Edward Hudson Jr
    4. Christian K. Lassen II
    5. John L. Schroeder
    6. ···
    8 lawyer answers

    Improper medication management could be malpractice, if it fell below the standard of care. These issues take careful investigation by an experienced medical malpractice attorney.

    12 lawyers agreed with this answer

  8. I was injured in an accident. Medical Bills totaled $3000 and they are only offering to pay that plus 750 dollars. Is this fair?

    Answered 10 months ago.

    1. John M Curtin
    2. Anne Brady
    3. Randal Lee Hutson
    4. Lars A. Lundeen
    5. Christian K. Lassen II
    6. ···
    6 lawyer answers

    You are being low balled. You might want to consult an attorney to assist you with the claim.

    12 lawyers agreed with this answer

  9. If Plaintiff takes a personal injury lawsuit to an Arizona judge trial and loses, must Plaintiff pay Defendant's attorney fees?

    Answered 12 months ago.

    1. John M Curtin
    2. Anne Brady
    3. Christian K. Lassen II
    4. C. Donald Briggs III
    5. Michael R Crosner
    5 lawyer answers

    Why would anyone post an answer indicating that they don't practice in Arizona, and don't know Arizona law? If you don't know the answer, don't answer. The simple answer is this -- absent a frivolous lawsuit, in the event that a case proceeds all the way to trial and the plaintiff loses, the plaintiff may be held responsible for the defendant's taxable costs. Taxable costs are not attorneys fees. They are a portion of the out of pocket expenses incurred by the defense (filing fees,...

    11 lawyers agreed with this answer

  10. Can I sue my neighbors for emotional distress?

    Answered 10 months ago.

    1. John M Curtin
    2. Collin J. Earl
    3. Christian K. Lassen II
    4. Josh P Tolin
    5. David Ian Schoen
    6. ···
    6 lawyer answers

    Obviously this is a very sensitive issue. Lawsuits between neighbors do little to reduce the level of hostility. One of the practical questions you have to ask is "What do i want to accomplish?" If you want to recover money damages, the issue will be whether there is any reason to believe that your neighbors will be able to pay a judgment. Insurance usually only covers negligent acts -- not intentional harassment. If you want to be left alone, I doubt a suit for money damages will scare...

    10 lawyers agreed with this answer

    1 person marked this answer as helpful