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Samuel Saks

Samuel Saks’s Answers

7 total

  • If I file a medical lien after 30 days from the first service date against a personal injury claim is it possible to be valid?

    I am chiropractic medical provider. I first treated my patient on the 20th of November 2012. I did not receive the car insurance information until January 18, 2013. I am now told by State Farm insurance that a claim for child support through DES g...

    Samuel’s Answer

    A.R.S. § 33-932(A) does set forth a 30-day window to perfect a health care provider lien (compare subsection D, which applies to hospitals and ambulance companies). However, a lien does not affect your contractual rights, which is another avenue to explore.

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  • Auto accident. Is there a law in AZ that says insurance companies must accept or deny a claim w/in certain amount of days?

    I am looking for a citation. Is there a law in Arizona stating that insurance companies can't just drag out a liability decision forever? (once a claim has been made). Please provide that law and the rule if so.

    Samuel’s Answer

    You might be thinking of an insurer's general obligations under Arizona law and contract law. You may want to look at A.R.S. § 20-461(A), which outlines unfair claims practices, and State Farm Auto. Ins. Co. v. Civil Serv. Emp. Ins. Co., 19 Ariz. App. 594, 601, 509 P.2d 725, 732 (1973) (“one of the implied obligations under a contract of insurance requires the insurer to settle within policy limits in an appropriate case”).

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  • Should I get a lawyer

    I was at a complete stop for a red light, when a pick up truck apparently lost control of his breaks and rear ended me sending the car into a 90 degree angle into the middle of the intersection. The man that hit took full responsibility, and hi...

    Samuel’s Answer

    It is always smart to speak with an attorney, and it does sound like your case will involve complications. While the right attorney can bring additional value, he or she also brings some additional cost in the form of fees. That affects your bottom line. I have seen cases in which the insurance company presents a fair offer, which is not likely be raised enough to cover fees if an attorney were to get involved. In those cases, I am not afraid to tell potential clients that they may be better off taking the offer. The key is to find an attorney who is willing to look out for your best interests when evaluating a potential case.

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  • In 2011, my boyfriend took the title of my car, forged my signature and filed abandoned title in Arizona. Can sue for FRAUD?

    I was able to prove to MVD that I paid for it and got my car back after 10 months, in 2012 by hiring a towing company. Can I sue him for fraud and get restitution? Thank You for help.

    Samuel’s Answer

    In the civil context, the statute of limitations for fraud is 3 years from discovery per A.R.S. § 12-543. Your claim may require immediate attention. A common law fraud claim is difficult to prove and must meet special pleading requirements. You may want to consider whether you are likely to recover (and collect) more than what you will spend on attorneys' fees.

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  • How long do you have to serve the defendant?

    How long after filing a civil lawsuit to to auto accident do you have to serve the defendant?

    Samuel’s Answer

    Per Arizona Rule of Civil Procedure 4(i), you have 120 days. Keep in mind that issues relating to service can be very technical. In general, it is a good idea to get a complaint properly served as soon as feasible.

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  • Can I Appeal A Trial Court's Reduction of Punitive Damages?

    I was awarded a large amount of punitive damages by a jury in a personal injury case. The Defendants filed some post trial motions, and the trial court then substantially reduced the punitive damages award. Can I appeal the trial court's reducti...

    Samuel’s Answer

    • Selected as best answer

    Yes, you can appeal that issue. Keep in mind that there are many substantive and procedural technicalities involved in an appeal, including the notice of appeal, which is critical. The appropriate amount of a punitive damage award has been the subject of debate and is a frequent issue on appeal. A key case you may want to look at is State Farm Mutual Automobile Insurance Co. v. Campbell, 538 U.S. 408 (2003), in which the U.S. Supreme Court discussed the primary factors to consider.

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  • What ways can I find a defendant's address?

    I have filed a civil complaint for a personal injury to an auto accident, and would like to know how I could find address information. The insurance company of the defendants provided me with their names, but will not provide me with their whereab...

    Samuel’s Answer

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    I have had good luck with the county assessor and recorder's offices. You can search the Pima County Assessor by taxpayer at: http://www.asr.pima.gov. You can also try the Pima County Recorder's Office at: http://www.recorder.pima.gov/publicdocuments.

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