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I have a personal injury case going on for three years and we settled on the 6th of April and signed the release form as well. How long is the process for my lawyer to receive the check ?
Congrats on getting your case settled. In terms to timing, I'd generally say it takes about 30 days. Not only does the insurer have to issue the check, but the check has to clear your lawyer's trust account and, of course, your lawyer needs to resolve any third-party claims (e.g., subrogation, liens, etc) before disbursing.See question
I have an open-and-close case, and am very comfortable moving forward without one but would like to know the process? I had two different surgeries at the fault of a DUI driver who spent six months in jail for felony DUI with Great Bodily Injury.
This identical question was just asked in a slip and fall context with different "facts" and you are asking this in the "slip and fall" practice area and not the "car accident" area -- are you the same person? If you are so comfortable moving forward without an attorney for an "open-and-close case," why ask this really basic question? Is this a joke or scam?See question
I have a personal injury lawyer that I would like to let go of, as I do not appreciate his attitude or ethics. I have an open-and-close case, and am very comfortable moving forward without one but would like to know the process?
Longer answer--if you are on this site asking that question, which is pretty basic, you will surely need help moving forward, especially if you want the insurance company to take you seriously (which they won't because they will know that you will be unable to successfully prosecute a lawsuit on your own). The better approach would be to find someone else more compatible with you. And I'm not shilling for work here (the fact is I'd likely not be interested in accepting your case since I do very few fall cases) but I think you're about to do something that will hurt you more than help you in the long run.See question
If i don't have insurance and i get rear ended, can i still get pain and suffering?
Great question -- and the answer is NO, Arizona does not have that type of rule.
Let me know if we can be of assistance.See question
I work in a outdoor setting and was hit by a car while working. It was on private property and i was injured. I had to be ambulance to the hospital with dislocations and major lacerations. The woman claimed she hit the brakes and that they did not...
The fact that the incident happened on private property should not matter, but there may be implications involving workers' compensation and insurance. You really should contact a reputable attorney yo help you investigate and make a claim. Most attorneys will not charge you anything to discuss the matter and they will also usually take the matter at no cost to you unless they get you a recovery. I'm happy to assist but there's tons of great attorneys on AVVO. Pick one to help you!See question
This question is complicated and not always subject to easy "yes" or "no" answers.
First, if you are asking which law governs the application or interpretation of an insurance contract, then it will be either (a) the law selected in the insurance policy itself or (b) the law of the state where the policy was issued. In a personal injury setting, this will generally be an issue if you are making a first-party (UM/UIM) claim, otherwise its not an issue in third-party cases (in Arizona anyway).
Second, if you are asking which law governs in terms of claims that you could make for damages, the answer is generally the state where the accident occurred, but not always -- especially in Arizona.
Consider this example. Lets say two Arizona residents get into an accident in California. Do they have to sue in California? The answer is "no, the plaintiff can sue the defendant in Arizona," but the question about "which state substantive law applies" may arise in terms of how the court determines certain rights.
This especially likely in the foregoing scenario since California is far less friendly to plaintiffs than Arizona, at least as far as injury law is concerned (e.g., Arizona allows you to sue for full retail charges on your medical bills whereas California generally limits you to the amount "actually paid" by your insurer, if applicable; Arizona allows you to aggregate UIM policies under certain circumstances whereas California has very unfavorable UIM laws that apply offsets to UIM and never allow aggregation of policies, etc., etc.).
So, in the example, the decision of which state law applies will be up to the court in the state where the lawsuit is filed (in the example, the lawsuit could be filed in Arizona or California). As a result, the choice of law may actually vary where you litigate, which judge you get and how they apply choice of law principles.See question
I believe I got whiplash, have constant headaches, and lower back pain.
Don't do it. The insurance company and their adjustor want you to settle without a lawyer. That way they can pay less to you and get away with not paying for all of your damages.
Hiring a respected lawyer does not cost you anything and typically results in you getting more than you could without a lawyer. My firm, for example, will not accept the case if we cannot do better (on a net basis) for the client than they could do on their own -- and I am sure most other reputable lawyers here would have the same approach.
So please speak with someone and do not try to handle this on your own since many people, like myself, are less likely to accept a case in that situation because clients can unknowingly make it harder or impossible for me to be effective once they have made statements or representations to the insurer without my involvement. Good luck.See question
My boyfriend is currently in the ER of the local hospital after an auto accident. He was in a chevy suburban, I'm not sure what the other vehicle was but our vehicle has very little damage and the other's entire trunk was crumpled. My boyfriend is...
YES, without a doubt. Get a lawyer now to help with everything. Often they can head off problems before they arise and prevent certain minor issues from becoming major issues. While I am happy to assist your boyfriend, please do contact someone reputable.See question
My son who was excluded from my policy was driving when we were hit by a person in a rental. My insurance denied the claim ofcourse so i hired a lawyer. It has been almost 2 months and the other insurance has not accepted liability. The police rep...
Sadly, the answer is "absolutely."
And there's little that any attorney can do to "force" a third-party insurance company to accept responsibility for a collision. In fact, it is not uncommon for these third-party insurers to deny even the most basic details about the accident.See question
three of six kids were not told about this case. until they settled the word then leaked out .i contacted the lawyer that handled the case, telling him there was three other kids. he was in shock. what do i do. what can i do. this happen in arizon...
I am sorry to hear about your loss.
And your reference to Wilmot v. Wilmot is 100% correct.
The Wilmot case holds, among other things, that the lawyer you contacted owed you and the rest of the claimants (technically called "statutory beneficiaries") a fiduciary duty. The case also holds that the person(s) settling the case -- that is, the claimants that approved and accepted the wrongful death settlement money -- owe you and the rest of the claimants an identical duty of care to ensure that your claim is protected and/or that you participate in decision-making and settlement approval.
You are also entitled to your own attorney. That is, you do not need to use the same attorney as your siblings and, quite often, you shouldn't because of potential or actual conflicts of interest (e.g., where you are competing for a portion of limited settlement proceeds).
You need to speak with a lawyer, and soon. You may have lots of different rights and remedies, and time is of the essence.
Again, I am sorry for what you've been through and sympathize that things may have been made worse by learning of a settlement which you were not properly informed of.See question