Legal Malpractice and Nondelegable Duties
Jun 29, 2011
We recently filed suit in a case where a lawyer himself did nothing wrong, but hired an independent contractor to file a lawsuit -- that is, a process server. The process server negligently failed to f...
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The Nature of the Wrongful Death Remedy
Jun 29, 2011
Unlike most injury claims, wrongful death claims are governed bystatute. This has some important and surprising consequences.
By way of some background, the reason wrongful death statutes were enacted...
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Is a Medical Malpractice Claim "Mature" If There Is No Present Injury?
Jun 29, 2011
As a rule, every medical malpractice claim must have four elements -- duty, breach, causation and damages -- and, at least as a general rule, you need all of them to have a cognizable claim. Sometimes...
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Tax Consequences of Non-Physical Injury Damage Awards
Jun 29, 2011
Generally, personal injury recoveries for bodily injuries are not subject to income tax, but recoveries for lost income are taxable. What, then, about non-physical personal injury (i.e., emotional dist...
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The Full Scope of Arizona's Wrongful Death Statute is Still Uncertain
Jun 29, 2011
Arizona's wrongful death statute still has some ambiguity. For example, ARS 12-612 permits a wrongful death claim to be brought "on behalf of the surviving husband or wife, children or parents,or if no...
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The Difference Between Wrongful Death and Survival Actions
Jun 29, 2011
Arizona law provides for two causes of action when someone dies: a wrongful death claim and a survival action. The purpose of providing both actions is to give the parties damaged acomplete remedyand o...
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Statute of Limitations in Uninsured and Underinsured Personal Injury Claims
Jun 29, 2011
Recently the Arizona Legislature enacted a new and shorter statute of limitations for UM/UIM claims. The applicable section isARS 12-555.
For uninsured motorist (UM) claims such claims, such claims mu...
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When is a Seller a "Seller" for Products Liability Purposes?
Jun 29, 2011
It turns out that an auctioneer's selling things (for a fee) does not make you a "seller" under Arizona product liability law.
Last week Division Two handed downAntone v. Greater Arizona Auto Auction,...
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The Basics of Legal Malpractice
Jun 29, 2011
The essence of legal malpractice is to show that a lawyer improperly did, or failed to do, something specific that, had the lawyer done properly, would have resulted in a measurably better outcome. Sou...
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Personal Injury Lawsuit Filed After BBQ Explosion
Jun 29, 2011
We recently filed suit on behalf of a man who was severely injured as a result of a built-in barbeque explosion.
The man, visiting from out of town, was asked to assist in lighting or operating the bu...
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