Stephen I Leshner’s Answers

Stephen I Leshner

Phoenix Personal Injury Lawyer.

Contributor Level 7
  1. Auto accident with injury, medical lien against other driver's insurance compan. If I take the settlement, am I responsible?

    Answered over 4 years ago.

    1. Stephen I Leshner
    2. Gil Shuga
    3. Lars A. Lundeen
    3 lawyer answers

    Unless you take further action, the insurance company will probably deduct the amount of the hospital lien from the settlement. However, you should consult with an experience personal injury attorney knowledgeable about lien law. It may be that the hospital lien is unenforceable. Almost all of these lien are subject to being compromised. It is important to deal with this issue before reaching a final settlement.

    1 lawyer agreed with this answer

  2. What Can I expect from my car accident settlement

    Answered over 5 years ago.

    1. Stephen I Leshner
    2. S Edmond ElDabe
    2 lawyer answers

    First of all, if the collision was caused by the negligence of the Border Patrol officer, you have a federal tort claim, which is governed by federal rules and statutes. Ultimately, your case may be decided by a Federal Court Judge, and not a jury. Because you will be dealing with the federal government, and not a private insurance company, you should retain a lawyer who is experienced in evaluating and handling a federal tort claim. Potentially, you may be entitled to recover for your...

    1 lawyer agreed with this answer

  3. Auto accident

    Answered over 3 years ago.

    1. Stephen I Leshner
    2. A J Mitchell
    3. Nima Taradji
    4. Peter Robert Stone
    4 lawyer answers

    Unfortunately, even though there may be ample evidence of the other party's fault, and he or she was cited for the collision, the adverse insurance company may attempt to allege that there was comparative negligence on your part that caused or contributed to the collision. There may be some evidence of this, or it could be a wholly made up fantasy of the insurance company. This is a strategy insurance company's employ to save money. In order to prevent this strategy from being successful,...

    1 person marked this answer as helpful

  4. Is it legal for a hospital to do bill balancing even after the accepted their payment from my insurance company from a car accid

    Answered about 4 years ago.

    1. Stephen I Leshner
    2. Gil Shuga
    3. Joseph A Blaszkow
    3 lawyer answers

    Yes, in Arizona, health care providers are allowed to "balance bill" pursuant to Arizona Revised Statue Sec. 33-931. Balance billing is the practice of seeking to obtain additional funds after payment of less than its full billed charges. In order to be enforceable, the lien has to be recorded in the County where the healthcare provider is located, and recorded within thirty days after the patient receives services, and at least thirty days before settlement of the personal injury claim....

    1 person marked this answer as helpful

  5. Air bags did not go off.

    Answered about 4 years ago.

    1. Stephen I Leshner
    2. Gil Shuga
    2 lawyer answers

    Generally, the air bags are programmed to deploy during frontal collisions at speeds greater than 12 to 14 miles per hour. The failure of the air bags to deploy during your collision could be because the speed wasn't great enough, or because of a defect. If it's a defect, the next question to ask is what injuries were caused or aggravated by the failure of the air bags to deploy. If your wife suffered soft tissue injuries to her neck, back and head, the cost of suing the auto maker in a...

    1 person marked this answer as helpful

  6. Are the statutes of limitations different when a minor child is involved'? For all related expenses?

    Answered over 4 years ago.

    1. Stephen I Leshner
    2. Gil Shuga
    2 lawyer answers

    The right of reimbursement for medical bills belong to you. The claim for pain and suffering belongs to the minor. If you file a lawsuit on behalf of the minor before the two year statute of limiations, you will preserve the claim for reimbursement of medical expenses. If the minor waits to file a lawsuit until two years after he or she reaches the age of majority, he or she can only make a claim for his or her pain and suffering: the right to claim the medical bills will be lost. I...

    1 person marked this answer as helpful

  7. My sister and her husband were hit by a drunk driver that tried to run after hiting them can they get more money considering ?

    Answered over 4 years ago.

    1. Stephen I Leshner
    2. Daniel J Marco
    3. Lars A. Lundeen
    3 lawyer answers

    The fact that the adverse driver was impaired at that the time of the collision entitles your sister to make a claim for punitive damages. The aggravated circumstances in this case should produce a higher settlement or verdict than would normally be available without the aggravated conduct. Your sister should contact a lawyer in Arizona who specializes in personal injury case as soon as possible.

    1 person marked this answer as helpful

  8. Car Accident- not at fault i was rear-ended

    Answered over 5 years ago.

    1. Stephen I Leshner
    2. Daniel J Marco
    3. Kevin W. Davidson
    3 lawyer answers

    You need to consult with an attorney to decide whether this is a fair offer. You should not sign a release, or agree to settle the case until you do so. Most plaintiffs personal injury attorneys offer a free consultation, so an evaluation of your claim should not cost you any money. If you're interested in learning how personal injury attorneys and claims adjusters evaluate these kind of cases, you may want to read my blog on this issue. Go to www.aztrialblog.com, and click on the October...

    1 person marked this answer as helpful

  9. Can I sue the Maricopa County Jails for medical malpractice if I wasn't severely hurt or left disabled after being incarcerated?

    Answered 6 months ago.

    1. Anne Brady
    2. Elizabeth Taylor Herd
    3. Christopher Michael Davis
    4. Christian K. Lassen II
    5. Stephen I Leshner
    5 lawyer answers

    While I agree with the other lawyers who have already commented about the economic aspects of this case, please be aware that if you are going to sue the Maricopa County Sheriff, there is a Notice of Claim requirement pursuant to ARS Sec. 12-821.01. Unless you file the Notice of Claim pursuant to the statute against all public entities and employees within 180 days of the date you were injured as a result of their negligence, and file a lawsuit within one year of the date you were injured as a...

  10. Is there any provision in a home owners insurance for someone injuries in a car wreck? Either the person who hit us or my own?

    Answered almost 2 years ago.

    1. Stephen I Leshner
    2. Steve Eliot Sanderfer
    2 lawyer answers

    Unfortunately, homeowners insurance will not cover damages in these circumstances. However, since you were a passenger in a motor vehicle, and injured by an uninsured motorist, if you had automobile insurance with uninsured motorist (UM) coverage, or if you resided with a relative who has uninsured motorist (UM) coverage, then that coverage will apply to compensate you for your injuries. It does not matter that you were not in your own vehicle. Uninsured motorist coverage applies wherever...