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Robert F Clarke
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Robert Clarke’s Answers

9 total

  • Can I get pain and suffering for accident that happened at work caused by third party?

    I was in an accident while on the clock, and workers comp is currently paying the medical bills for me to get better, but the accident was caused by a third party who was also on the clock working

    Robert’s Answer

    If the third party was on the clock for a different employer then you should be able to pursue that third party and his/her employer. If the third party was a co-employee, then you are likely barred from suing your co-employee.

    Robert F. Clarke
    Clarke Law Offices
    3001 East Camelback Road, Suite 145
    Phoenix, Arizona, 85016
    clarkelaw-az.com
    (602) 952-3232 (T)
    (602) 952-3233 (F)

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  • Hello, I'm writing as I am a dialysis patient who has recently suffered personal injury.

    This was as the result of mistreatment by my local police department. I was life flighted on two occasions to a hospital 2 hours away within the past month. I was also treated for heart problems and other serious conditions. I placed reports wi...

    Robert’s Answer

    I am sorry to hear about your experience and injuries. Sounds like you have quite a bit going on as a result of this event with the police and there are likely to be several legal issues to consider. You should discuss this matter with a qualified personal injury lawyer as soon as you are able. I would be pleased to meet with you. I do not charge for the initial consultation and, if I am able to help you with this matter, my fees are contingent on the outcome.
    Bob

    Robert F. Clarke
    Clarke Law Offices
    3001 East Camelback Road, Suite 145
    Phoenix, Arizona, 85016
    clarkelaw-az.com
    (602) 952-3232 (T)
    (602) 952-3233 (F)

    NOTICE: This e-mail (including any files transmitted with it) is being sent by a law firm. It is intended only for the individual or entity to which it is addressed and may contain information that is proprietary, privileged, confidential or otherwise exempt from disclosure under applicable Federal or State Law. If you are not the named addressee or the employee or agent responsible for delivering this e-mail to the named addressee, be advised that you have received this e-mail in error and you are prohibited from any dissemination, distribution or copying of this e-mail. If you have received this e-mail in error, please immediately contact the sender by reply e-mail, telephone, or facsimile.

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  • Should I get a personal injury attorney or try to negotiate with Geico myself?

    My husband and son were hit by a 17 year old girl making a left turn. She was cited by the police and is at fault. My husband suffered sever injuries, resulting in removal of his spleen, a collapsed lung, internal bleeding, blood transfusion and...

    Robert’s Answer

    You should retain an experienced personal injury and not deal with GEICO on your own. Your loved ones will be best served with competent representation. GEICO is not on your side and will look for every advantage over you. Don't give it that chance.

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  • Do you think it really matters what type of attorney a person retains in a personal injury situation?

    My child was struck by a vehicle while she was walking on the sidewalk of a busy street. The car lost control due to weather conditions, (light rain), and drove right up on the sidewalk. My child suffered serious head trauma, resulting in emergenc...

    Robert’s Answer

    You should look for a personal injury lawyer with specific experience litigating brain injury cases, particularly on behalf of minors. If the carrier does not come around and discuss a reasonable settlement, you will want a specifically experienced lawyer to take your child's case to trial. I wish the best for your child and your family.

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  • Do I have a case ? I fractured my jaw on a mechanical bull?

    My name is Ana Viands . . I have a question about an incident that occurred to me last Sat Feb 16th . I organized a 40 year old birthday party at my home in Gilbert AZ . We rented a mechanical bull for 5 hours for the event . I did sign a wai...

    Robert’s Answer

    The combination of the release and you and your husband riding together make this a tough case. There could be some liability because the operator possibly should have refused to allow you and your husband to ride together, but a jury is likely to put most of the fault on you. The case could be expensive and even a favorable recovery may not justify the costs and time necessary. You may wish to consult an attorney to get a complete understanding of your rights.

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  • Do I need lawyer

    My wife broke her ankle on 15th in front of house on the property where we rented. it was sprinkler caused black ice. she has to go through surgery fixing metal plates and screws. She needs home care for next 3 months. There is already liabili...

    Robert’s Answer

    Your wife has suffered a significant injury and I hope the best for her. I believe you do need a competent injury attorney and suggest that you retain one before having any dealings with the liability investigations. The goal of anyone who may be responsible for your wife's injuries is to minimize or eliminate their own culpability while blaming your wife or you for the injuries. Make the culpable parties deal with your lawyer. Best of luck to both of you and a successful recovery for your wife.

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  • How do I find an attorney to speak with about about filing charges against another attorney for not doing his job?

    My attorney had me sign a plea which included 40,000 restitution and told me not to worry about it he would order a restitution hearing and that will be dropped to around 2,500. The courts later vacated the restitution hearing stating that they di...

    Robert’s Answer

    While your attorney's general experience may be that some judges will reduce a restitution order, what you agree to pay will likely be what you must pay. I'm not sure why your attorney would feel confident that the judge would reduce your restitution order at all let alone to the tune of $37,500. Regarding your lawyer's conduct, you can report him to the State Bar of Arizona and if it is determined that he has violated one of our ethical rules, he could be sanctioned which could include ordering him to make restitution to you. You may also consider filing a legal malpractice lawsuit against your lawyer. Unless there is something you can do about this restitution order, it is likely to follow you around until satisfied. Nonetheless, a lawsuit against your lawyer isn't as simple as you being faced with a $40,000 restitution order because he advised you he would get the restitution reduced at a subsequent court hearing. A legal malpractice lawyer would be able to examine the facts of the underlying case, consider the relative merits and fairness of the plea agreement and advise you accordingly.

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  • How do i make my divorce go faster, its been since march.

    My husband filed for the divorce (he is in Nevada state prison), there is no children/property/debt involved,. he filed back in march. why is this taking so long? and is there a way to make it go faster?

    Robert’s Answer

    First, I need to know where he filed. If in Nevada, you may need to cointact a Nevada lawyer to learn what the rules are, including waiting periods. If in Maricopa County, a petition filed in March should have been concluded by now. If he filed in Maricopa County, do you have your case number? If so, you can check the status with the court website. Depending on answers to the foregoing, we may want to file a separate petition in Maricopa County (if he filed in Nevada) or you may want to contact the court and find out what is needed to get the decree entered (if he fiuled in Maricopa County).

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  • Is it possible to revisit a divorce property settlement agreement after 5 years? Is it worth it?

    Before the downturn of the economy, my and former spouse and I agreed on $65,000 settlement to be paid to him over the course of 6 years. The 65,000 was half the equity (at the time) in two homes that were in my name. Since the settlement agreem...

    Robert’s Answer

    It is unlikely that the economic downturn would entitle you to a modification of the property settlement agreement.

    Child support is a separate obligation and should be paid independent of any other provisions in a property settlement agreement. You may be able to enforce this provision irrespective of your ability to pay down the propertry settlement obligation.

    To get a clear understanding of your legal rights/responsibilities you should contact a family law lawyer.

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