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Gil Shuga

Gil Shuga’s Answers

71 total


  • Am I the victim of fraud?

    I was in an auto accident and went to a chiropractor who also suggested an attorney for my girlfriend and I. Our injuries were akin to whip-lash because we were rear ended at less than 25mph. The settlement came out to 13000. Attorney: 3500 Us...

    Gil’s Answer

    The two attorneys above, neither of whom is licensed in Arizona, have given you interesting explanations about their own practices. But neither has really answered questions.

    Without more detail there is no way to tell if the attorney or chiropractor have done anything improper.

    Your first course of action should be to carefully review your fee agreement. Your lawyer is required to provide you with a written fee agreement in this type of case. You could have read it and signed it. Make sure you understand what it says about how fees, outstanding medical bills, and any costs will be paid from your settlement.

    After you have read your fee agreement call your attorney and speak with him or her directly about your concerns. Most attorneys will gladly answer any questions you have to ensure that you are satisfied with their services. A face-to-face meeting with your lawyer might even be better than a phone conversation.

    You state that the chiropractor says he has already been paid. This should only occur with your approval. Again, check your fee agreement to see if it contains a provision authorizing your lawyer to pay outstanding medical bills from a settlement without further approval. Also, make sure you didn't sign a separate authorization allowing the attorney to pay those bills.

    The bottom line here is to discuss this issue with your lawyer and get satisfactory answers to your questions.

    Good luck

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  • Is this a negligence suit?

    I was in a car accident earlier this week. I was at a stop at a red light when a corporate van slammed into the back of my car. I was pushed into the car in front of me. Once everyone got out, the man driving the van said the brakes weren't workin...

    Gil’s Answer

    Yes this is a negligence suit. That is based on the fact the van hit you, not that the brakes failed. Your damage (the amount of money you may receive) does not increase just because the van brakes may have failed. But if the actions of the van owner rose to the level supporting punitive damages that might be different. The facts you describe, however, most likely do not rise to that level.

    Consult with a local experienced car accident lawyer to protect your rights and obtain full compensation for your injuries.

    Good luck.

    Gil Shuga
    Law Office of Gil Shuga

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  • Should I get money or no?

    Hi there, May 1, 2010 my boyfriendand I were exiting the freeway came to a stop and got rear ended by a car going at leat 50 miles an hour. My headrest was off, I sustained more injuries than my boyfriend. That night I was in so much pain I cou...

    Gil’s Answer

    The insurance adjuster may be arguing that you share some responsibility for not using a head rest. And that their insured driver is only responsible for injuries you would have received had you been using an available head rest. If that is a successful argument it will reduce the amount of money the ins company pays you.

    This can be a complex issue and a more detailed review of the facts and your injuries is required before a better answer can be given.

    You should consult with another experienced car accident lawyer. You and your boyfriend might be better off with separate lawyers anyway.

    Good luck.

    Gil Shuga
    Law Office of Gil Shuga

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  • Please help should I get money or no?

    Hi there, May 1, 2010 my boyfriendand I were exiting the freeway came to a stop and got rear ended by a car going at leat 50 miles an hour. My headrest was off, I sustained more injuries than my boyfriend. That night I was in so much pain I cou...

    Gil’s Answer

    The insurance adjuster may be arguing that you share some responsibility for not using a head rest. And that their insured driver is only responsible for injuries you would have received had you been using an available head rest. If that is a successful argument it will reduce the amount of money the ins company pays you.

    This can be a complex issue and a more detailed review of the facts and your injuries is required before a better answer can be given.

    You should consult with another experienced car accident lawyer. You and your boyfriend might be better off with separate lawyers anyway.

    Good luck.

    Gil Shuga
    Law Office of Gil Shuga

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  • Can I get a diminished value compensation in a car accident?

    My car was rear ended with no injuries to anyone where the other driver was at fault. So, on top of asking for my car repair charges and the rental car cost, Can i also ask for loss of value to my car (diminished value) in the state of arizona? ...

    Gil’s Answer

    • Selected as best answer

    Yes, you are entitled to compensation for the diminished value of your vehicle. Unfortunately, most insurance companies fight these claims and will require you to file suit. Then you will need an expert witness to prepare a report and testify to support your claim. Unless you have a high-value car, and your claim is substantial, the cost of the lawsuit and the witness fees would be prohibitive. The best way to determine the diminished value without hiring an expert would be to take your car to a dealership and ask them what they would give you in light of the damage and repaired status. Unfortunately, this is sometimes an inflated number because the dealership may wish to entice you into trading your vehicle in on a purchase from them.

    The only way your own insurance company will deal with the carrier for the other driver is if it has paid for your damages (i.e. repaired your car). In that case, it will seek to be reimbursed from the other company, including any deductible you had to pay. They also will not pursue diminished value for you, again because it is not something they paid you.

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

    accident. And does the hospital have a deadline of filing a lien?

    Gil’s Answer

    This is a very complicated area of law right now and the answer depends on a number of factors.
    Generally speaking, yes, most hospitals may balance bill after accepting most insurance payments when the treatment was for injuries caused by a negligent third party. There are numerous exceptions and requirements, any number of which may apply to your situation.

    Also, most hospitals will negotiate the amount they will accept for satisfaction of the lien.

    The deadlines for filing a lien are also complicated.

    You really should consult with an experience injury attorney to protect your rights.

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  • Arizona photo radar picture not of registered owner. Must owner identify driver?

    Driver had received a suspended license to take affect 15 days from issuance of citation pursuant to DUI. Driver was photographed by photo radar driving at approximately 1:00 am on the first day (didn't realize at time) of his suspension. Driver o...

    Gil’s Answer

    Owner is not required to identify other driver in photo. He may truthfully indicate "Not me." or something similar on the ticket and return it, or physically go to court and show that it not him

    But he should consult a criminal defense attorney first to determine what effect all of this has on his probation.

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  • A drunk driver ran a stop sign and totalled my vehicle. I was barely over the limit however was not charged with DUI. Can I be

    Driving home after several beers over several hours, I was t-boned by a drunk driver that ran a stop sign. I was very forth coming with the officers as I did not believe I could be over the limit. At the hospital the nurses took blood and gave i...

    Gil’s Answer

    It is very likely that you will be charged with DUI in spite of the fact that your were the victim in the crash. And they may take up to 6 months to do that. If you do get charged you really should consult with an experienced DUI lawyer in Tucson.

    28-1592. Commencement of action
    A. A civil traffic violation case is commenced by issuance or filing of a uniform traffic complaint as provided in this article.
    B. A civil traffic violation case shall be commenced as follows:
    1. If a case is commenced by issuance, it shall be issued within sixty days of the alleged violation.
    2. If the case is commenced by filing, it shall be filed within sixty days of the alleged violation and shall be served within ninety days from the filing date.
    3. Except as provided in paragraph 4, within one hundred eighty days of the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident.
    4. Within one year of the alleged violation if the alleged violation is under investigation in conjunction with a traffic accident resulting in death.

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  • Is there a time frame an officer is required to file a traffic violation in Arizona?

    I have been told the ticket must dismissed if an officer doesn't file it within 24 hours of being issued. Is there any validity to this?

    Gil’s Answer

    That is not correct.

    See ARS 28-1592. Commencement of action

    A. A civil traffic violation case is commenced by issuance or filing of a uniform traffic complaint as provided in this article.
    B. A civil traffic violation case shall be commenced as follows:
    1. If a case is commenced by issuance, it shall be issued within sixty days of the alleged violation.
    2. If the case is commenced by filing, it shall be filed within sixty days of the alleged violation and shall be served within ninety days from the filing date.

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  • What is the statue of Limitations in Az to file a property damage claim.

    Had a car accident in which party at fault begged me not to call police, I still did but after waiting and hearing her pitty story and her stating that she would pay for the damage in payments till she got income taxes back in which she wld pay it...

    Gil’s Answer

    • Two years - Personal injury; injury when death ensues; damage to property; conversion of property; product liability; forcible entry and forcible detainer (ARS 12-542)

    • Three years - Debt from oral contract; stated or open account; relief on ground of fraud or mistake (ARS 12-543)

    I do not know which applies to your facts. And there may exceptions and limitations that may apply. Be sure to do your own research or get a legal opinion, which this is not.

    Good luck.

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