Anne Brady’s Answers

Anne Brady

Phoenix Litigation Lawyer.

Contributor Level 15
  1. If someone has lapsed insurance but the person that rear ended them while drunk does have insurance will they still have to pay

    Answered 12 months ago.

    1. John P Ager
    2. Seth Clark Harmonson
    3. Anne Brady
    4. David Ian Schoen
    5. C. Donald Briggs III
    6. ···
    11 lawyer answers

    The at-fault driver's insurance has to pay. It makes no difference whether your mother has insurance. Since you mother was injured, she would most likely benefit from hiring a personal injury attorney. The percentage contingency fee that the lawyer takes should be more than made up for by the increased amount of recovery your mother will enjoy; plus she will not have to hassle with the insurance adjustor.

    19 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can I file a medical malpractice case 3 years after the surgeries. my problems have been progressive over the years.

    Answered 12 months ago.

    1. Anne Brady
    2. David Ian Schoen
    3. John L. Schroeder
    4. Christian K. Lassen II
    5. C. Donald Briggs III
    6. ···
    6 lawyer answers

    If your wife wanted you to file a case a couple of years ago, it is probably too late. The statute of limitations is two years, and the clock starts ticking when you knew or should have known of the malpractice, generally at the time the problems arise. If you have been having difficulties that you knew or should have known were due to your hip surgeries for two years or more, it is too late. Even if it were not, merely becuase your hip surgery led to these problems does not mean the surgeon...

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  3. Should my sister be willing to file an insurance claim since her dog bit me?

    Answered 11 months ago.

    1. Anne Brady
    2. Christopher J Zachar
    3. Jeffrey Mark Adams
    4. John L. Schroeder
    5. Michael R Crosner
    6. ···
    10 lawyer answers

    In Arizona, you are entitled to be compensated for your entire medical bill (not just the part not covered by health insurance). If you sue your sister, you may be able to recover something for your pain and suffering as well. The problem will be that the dog has "snapped for years and has nipped" your hand in the past. So you had reason to know the dog might bite you and you petted the dog anyway. Therefore, it may be best to let this one go.

    12 lawyers agreed with this answer

  4. Are an LLC's Articles of Organization generally discoverable by an opposing litigant in a civil suit?

    Answered over 1 year ago.

    1. Anne Brady
    2. Paul E Knost
    3. Constantine D. Buzunis
    4. Jay M. Borowsky
    4 lawyer answers

    Go to the Arizona Corporation Commission Web site and click on the Star Pas logo. You can search by the name of the LLC. The Articles should be available there.

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  5. I'am a professional athlete. is it malpractice if the doctor made my injury worse after surgery. And mis diagnosed me?

    Answered about 1 year ago.

    1. Anne Brady
    2. Jason Todd Studinski
    3. Christian K. Lassen II
    4. Stephen Ross Cohen
    5. Mitchell Jan Birzon
    5 lawyer answers

    You may have a claim for malpractice, but not necessarily. Sometimes a patient is worse off after surgery without the doctor's conduct having fallen below the standard of care. As was previously mentioned here, you need to see a malpractice attorney who will send your records to an expert to review to determine whether you have a case.

    11 lawyers agreed with this answer

  6. I have obtained a default judgement for a small claims case against a no pay no answer client. What can I do now?

    Answered 11 months ago.

    1. Anne Brady
    2. Mishka L Marshall
    3. Christopher Daniel Leroi
    3 lawyer answers

    There are a few different things you can do and forms are available online at both the Justice Court and Turbocourt. The first thing you have to do is make a demand to the defendant to pay you and give him/her a deadline. Once you have done that ands/he still does not pay, you can garnish his/her bank accounts or garnish his/her paycheck -- again, there are forms online. If you can not figure it out, you can hire an attorney to do these collections for you. If the defendant has no paycheck...

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

    Answered about 1 year 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

    Generally, Arizona does not have a loser pays rule in personal injury cases, but there are exceptions. For example, if your case was dismissed on a motion to dismiss it as frivolous, the judge may choose to award attorneys fees to the defendant. Suing a hospital for malpractice is difficult and expensive. You should get an attorney.

    10 lawyers agreed with this answer

  8. I filed a civil lawsuit against an individual for slander, defamation of character, Intentional Infliction of Emotional Distress

    Answered about 1 year ago.

    1. Anne Brady
    2. Seth Clark Harmonson
    3. Christopher Daniel Leroi
    4. Michael David Myers
    5. Timothy Leo Bowden
    6. ···
    8 lawyer answers

    You are correct that in Maricopa County all cases for less than $50,000 are subject to compulsory arbitration. However, such arbitration is non-binding, and an appeal will go to trial in superior court, and the trial will be de novo, which means brand new, as if the arbitration had never happened. For this reason, some attorneys automatically fill a Notice of Demand for Jury Trial, so that if they do not like the result of the arbitration, they appeal to the superior court, and their request...

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  9. 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 about 1 year 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 not misinformed; they are low balling you and probably will continue to do so until you hire a personal injury attorney. Although the attorney will probably take 30%, the better deal you get should more than make up for that. By the way, $3,000 is reasonable for a chiropractor lien for a whiplash injury.

    9 lawyers agreed with this answer

  10. I am dealing with a personal injury case at our physical therapy clinic. The lawyer wants to reduce a 3K medical lien by 50%

    Answered about 1 year ago.

    1. Anne Brady
    2. Randal Lee Hutson
    3. Thomas J Howard
    4. Lars A. Lundeen
    5. Andrew Daniel Myers
    6. ···
    9 lawyer answers

    It would be unethical for the attorney in this situation to "bluff" you about what the defense attorney is offering. You might want to offer to settle your lien for $2,000, which would constitute a three-way split between you, the injured client and the attorney, before costs, which typically come out of the injured person's recovery. You might ask the attorney to consider reducing her contingency percentage a bit to allow the client to recover something.

    9 lawyers agreed with this answer