I live in Arizona... Last year I had a slip and fall at a casino at the local casino on the Indian reservation. I do have a preexisiting condition Which I have to walk with support devices. During the time of the slip I was inside the restaurant ...
You've gotten bad advice. You should never "wait" and any attorney who tells you that is wrong.
This occurred on an Indian Reservation, which means that you will have issues making a claim due to something called sovereign immunity. Our Reservations, however, have something called a Gaming Compact which permits gambling on the Reservations provided the Tribe waives sovereign immunity to some extent and implements some procedures to address injury claims.
The reason why waiting can be fatal to your claim, among other things, is that you may need to file something called a Notice of Claim with the Tribe within a prescribed person (usually six months) or you are precluded from making any claim. Nonetheless, even if you still have time to make a claim, you may be precluded from being successful depending upon the particular events related to the accident -- often based on an "imaginary line."
This line typically divides where you can and cannot cue. For example, as a general rule, you can make claims against the Tribe for negligence causing injuries that occur on the "gaming" side of a casino and cannot make claims outside of the "gaming" location -- typically called the "resort" area. Restaurants, of course, can be located on either of these "sides" and whether you can make a claim will depend upon the unique facts of your case.
Good luck.See question
If a Plaintiff sues a company for personal injury, are relevant former employees (who at the time were involved in the subject incident) entitled to attorney client privilege in a deposition setting? Or, in a deposition setting, can the Plaintif...
There cannot be any definitive answer to your question without exploring the facts. Were the employees officers or directors of the company, for example? Is the attorney representing them? What is there expectation of their relationship with the attorney?
Assuming the attorney has no lawyer-client relationship with the witnesses and/or no reasonable expectation of such a relationship, however, communications with those witnesses are typically not privileged.See question
when i was a child i received a structured settlement from a dentist injury and when i turned 18 i was supposed to get my money and it went to my moms account and i have yet to see any of it and i want my money. please help me out
This is somewhat complicated.
The money from your structured settlement was, obviously, intended for you. And more likely than not, your settlement was subject to court approval and a conservator was appointed by the court (perhaps it was your mom?). In any event, it is the conservator's legal obligation to oversee your property and protect it, and the court retains jurisdiction to deal with conservators who do not properly safeguard property.
Your case is puzzling because, now that you are at the age of majority and assuming it is indeed the time for your to receive settlement checks from the company underwriting the structure (i.e., those payments do not necessarily begin on your 18th birthday), those checks should have come directly to you and been made payable to you -- not your mother.
Have you contacted the structure company to find out where they sent your money?
If, indeed, your money was sent to the wrong person (such as your mother), you may have a claim against the structure company, the conservator and/or your mother for the return of the money. You will want to move quickly to figure out who has your funds and/or seek the court's involvement (i.e., you will want to file an appropriate motion with the court who has jurisdiction over your conservatorship). Perhaps a call to the attorney who helped you get the settlement in the first place?
Good luck.See question
I was in a car accident and i have a claim for injury and pain and suffering. I recieved a income with holding order from child support enforcement. Can they or they can't take my money from me from my lawsuit. because i have to pay for doctors a...
Yes. If you owe past child support, pursue to ARS 25-505, et seq., DES or its agent "may issue a limited income withholding order to any . . . payor or other holder of a nonperiodic or lump sum payment that is owed or held for [your] benefit." According to ARS 25-505(E)(10), a "lump sum payment" includes "personal injury awards."See question
Happened in Oklahoma and the boy was texting at the time. The funeral alone will be thousands. We can't afford all these bills. Is there anything we can do? Five kids lost their dad and five grandkids lost their papa. This hardly seems fair!!
I am so very sorry about your father. Regrettably, this is not an uncommon issue in wrongful death cases.
What generally needs to be done is someone needs to determine if there is any other applicable insurance. This can be tricky. Was the adverse driver working? Was the driver on a family errand? Is there underinsured coverage in the household that might apply?
While you would also typically evaluate the adverse driver's assets, you described the driver as a "boy," so it is unlikely he has any meaningful assets that you could recover (and the $25,000 policy limit tends to further confirm this). But you never know.
Also, you need to find out if drugs or alcohol were involved. You need to evaluate the roadway and other conditions to determine whether there is a viable claim against any other entity or person.
It's entirely possible that $25,000 is the limit of what you are able to recover, but a good attorney will do a thorough investigation before reaching that conclusion. Good luck.
I'm aware that parties have 20 calendar days to answer a complaint in Arizona, however, does that same time limit also apply to Defendants that were served out of state, or do out of state parties to a Complaint get 30 calendar days to file an Ans...
Yes, you have 30 days per Rule 4.2(m), Ariz.R.Civ.Proc., to respond to a complaint when served outside the State of Arizona.
Yes, if the damages are not stating in the Complaint, and sometimes even when they are, the Court will hold a hearing to determine damages. It is not a "default hearing," because by that time default will have already been established. It is simply a "damages hearing" where the plaintiff's put on basic damages evidence and request a judgment for the specific amount. Unless it is contested, the Court will generally accept reasonable requests at these hearings.See question
No personal injury was caused to me except a bang to the head from the steering wheel.
Maybe I don't understand your question, but if I do, the answer is, "No, you cannot sue a manufacturer for damage to the vehicle." You can, however, sue the manufacturer for damage to your body (i.e., bodily injury) that was caused as a result of the vehicle's airbag failing to properly deploy.
A cautionary note: these cases are extremely tough and it will be very hard to find an attorney willing to handle the case unless (1) you have some meaningful bodily injury and (2) you can show convincingly that an adequately maintained air bag failed to deploy properly (which means you will need the vehicle in the untouched condition so that the airbag can be examined by one or more experts).
Hope that helps you.See question
I parked my car at a pump was walking toward convince store to pay I had stopped until the traffic of two cars drove by then a man waived me to walk so I started to walk took 3 steps or so and he hit the gas and truned right into me it happend so ...
Sorry to hear about what happened. Even though statements were taken, no matter what what said at the time, stories change. So, aside from advising you that you have two years to get a complaint on file from the date of the accident, you need to consider whether there are any witnesses. Also, because this occurred at a gas station, there may be video recordings of what happened, but you have to act quickly to get these things or they will, undoubtedly, be routinely erased to discarded. Whatever you do, don't wait until the time is about to run on the statute of limitations -- few, if anyone, will want to get involved at such a late date.
As for how long it will take, there's no honest way to really tell you. These things are unpredictable and some can be resolved quickly while others take years.See question
Hello and thanks for your time. I was in an accident a couple years ago and retained an attorney (contigency fee) for personal injury. Throughout the first 10 or 11 months, we kept in contact and after I settled with workers comp, I have not hea...
Answer: Yes. And, I agree with others.
Unless you've been told otherwise (such as your attorney is on vacation or in trial, etc.), you should expect to hear back from your attorney within 24 hours.
If he/she cannot be bothered to communicate with you, how lazy will they be in handling your claim?
Find someone new.See question
They still suffer from fear, I'm still dealing with awful pain in my shoulder. What ballpark figure should I expect tO receive? Medical bills are about $5,000 so far. My glasses & phone had to be replaced for about $700. I've put out $2,500 in hel...
It's impossible for anyone to tell you what your claim is worth without looking at your medical records and bills. Someone with low bills can sometimes have a very valuable claim (e.g., it does not cost much to amputate a leg, but the claim is worth a lot). Best advice is keep good records of your expenses and seek an attorney's help.
By the way, all of your kids have claims as well, but any money they get will need to be approved by the court and will need to be put into a restricted bank account or some other form of court-approved account/investment vehicle.See question