Injury & Wrongful Death Lawyers

 In Arizona, most personal injury attorneys especially in the greater phoenix metropolitan area take personal injury cases on a contingency fee. This typically means that the fees are a percentage of the total amount recovered on behalf of the client. Most lawyers will advance expenses on the case and recover their costs at the time of settlement over and above the fees. Typically, although not always, if there is no recovery, there is no fee charged. The client still may be accountable for costs. It varies by attorney.

At Baker and Marcus, we handle personal injury cases normally on a 33&1/3% and sometimes on a reduced percentage depending on the circumstances. 

Baker and Marcus are Arizona Injury Attorneys. Baker and Marcus have offices located in Scottsdale, Arizona and Tempe, Arizona. We practice statewide and our practice is limited to Arizona Personal Injury and Arizona Wrongful Law. We have attained the highest rating by our peers, AV Rating with Martindale Hubbell. 

We handle multiple types of injury cases including but not limited to: Phoenix Car Accidents, Scottsdale Car Accidents, Tempe Car Accidents

Phoenix Product Liability cases, Scottsdale Product Liability cases and Tempe Product Liability Cases

Phoenix Dog Bites, Scottsdale Dog Bites and Tempe Dog Bites

Phoenix Car Accident/Pedestrian Accident, Scottsdale Car Accident/Pedestrian and Tempe Car Accidents/Pedestrian Accidents

 

For more information, contact Bradley Marcus Injury and Wrongful Death Attorney at 480-315-6513.

In Arizona, there is no free first bite. This means that with the exception of provocation, the owner of a dog is responsible if the dog bites a someone. It is strict liability, the victim does not need to prove that the owner was negligent.

Baker and Marcus have handled multiple Phoenix Dog bite, Scottsdale Dog Bite and Tempe Dog Bite cases. Baker and Marcus are Arizona Injury Attorneys. Baker and Marcus have offices located in Scottsdale, Arizona and Tempe, Arizona. We practice statewide and our practice is limited to Arizona Personal Injury and Arizona Wrongful Law. We have attained the highest rating by our peers, AV Rating with Martindale Hubbell. 

We handle multiple types of injury cases including but not limited to: Phoenix Car Accidents, Scottsdale Car Accidents, Tempe Car Accidents

Phoenix Product Liability cases, Scottsdale Product Liability cases and Tempe Product Liability Cases

Phoenix Dog Bites, Scottsdale Dog Bites and Tempe Dog Bites

Phoenix Car Accident/Pedestrian Accident, Scottsdale Car Accident/Pedestrian and Tempe Car Accidents/Pedestrian Accidents

 

For more information, contact Bradley Marcus Injury and Wrongful Death Attorney at 480-315-6513. 

Arizona Statutory law provides who is a proper party to bring an Arizona Wrongful Death Claim. The statute says that surviving spouse of the decedent is the the primary claimant. If there is no surviving spouse then the child or children of the decedent are the proper parties. If there are no children then the parents of the decedent are the proper parties. Interestingly, siblings due not have a claim for wrongful death under the statute. Hopefully, sometime in the future, the statute will be changed allowing an Arizona Wrongful Death claim to be brought by surviving siblings. 

Baker and Marcus are Arizona Injury and Wrongful Death Lawyers. Baker and Marcus have offices located in Scottsdale, Arizona and Tempe, Arizona. We practice statewide and our practice is limited to Arizona Personal Injury and Arizona Wrongful Law. We have handled multiple Arizona Wrongful Death cases involving accidents occurring in Phoenix, Tempe and Scottsdale. We have attained the highest rating by our peers, AV Rating with Martindale Hubbell. 

Baker and Marcus handle multiple types of i cases including but not limited to: Phoenix Car Accidents, Scottsdale Car Accidents, Tempe Car Accidents

Phoenix Product Liability cases, Scottsdale Product Liability cases and Tempe Product Liability Cases

Phoenix Dog Bites, Scottsdale Dog Bites and Tempe Dog Bites

Phoenix Car Accident/Pedestrian Accident, Scottsdale Car Accident/Pedestrian and Tempe Car Accidents/Pedestrian Accidents

 

For more information, contact Bradley Marcus Injury and Wrongful Death Attorney at 480-315-6513.

 Over my many years of being an Arizona personal injury lawyer, I have received countless phone calls from people who have slipped and fell resulting in a multitude of injuries. Most people believe that if they fell on someone else's property, they are automatically entitled to be compensated by the owner.

Unfortunately for the person who fell, this is not true. The injured person has the burden of proving that the owner of the property or lessor of the property was negligent and responsible for the fall. This usually requires that the injured person prove that there was an unsafe condition that caused the fall and that the unsafe condition was present for a long enough period of time that the owner/lessor had either actual or constructive notice of the unsafe condition. This is usually very difficult to prove.  

Of course, if it can be shown that the owner/lessor created the unsafe condition then notice is not a problem.

Baker and Marcus are Arizona Injury Attorneys. Baker and Marcus have offices located in Scottsdale, Arizona and Tempe, Arizona. We practice statewide and our practice is limited to Arizona Personal Injury and Arizona Wrongful Law. We have attained the highest rating by our peers, AV Rating with Martindale Hubbell. 

We handle multiple types of injury cases including but not limited to: Phoenix Car Accidents, Scottsdale Car Accidents, Tempe Car Accidents

Phoenix Product Liability cases, Scottsdale Product Liability cases and Tempe Product Liability Cases

Phoenix Dog Bites, Scottsdale Dog Bites and Tempe Dog Bites

Phoenix Car Accident/Pedestrian Accident, Scottsdale Car Accident/Pedestrian and Tempe Car Accidents/Pedestrian Accidents

 

For more information, contact Bradley Marcus Injury and Wrongful Death Attorney at 480-315-6513. 

Have you ever been in a position where you waived another driver through who was turning left into the parking lot of a store? Well, be careful when you extend courtesy. There is Arizona case law that found that the courteous driver could be a certain percentage at fault for a collision when the courteous driver waived another driver through (left turn) and it resulted in a collision with a vehicle driving straight in the curb lane.

Baker and Marcus are Arizona Injury Attorneys. Baker and Marcus have offices located in Scottsdale, Arizona and Tempe, Arizona. We practice statewide and our practice is limited to Arizona Personal Injury and Arizona Wrongful Law. We have attained the highest rating by our peers, AV Rating with Martindale Hubbell. 

We handle multiple types of injury cases including but not limited to: Phoenix Car Accidents, Scottsdale Car Accidents, Tempe Car Accidents

Phoenix Product Liability cases, Scottsdale Product Liability cases and Tempe Product Liability Cases

Phoenix Dog Bites, Scottsdale Dog Bites and Tempe Dog Bites

Phoenix Car Accident/Pedestrian Accident, Scottsdale Car Accident/Pedestrian and Tempe Car Accidents/Pedestrian Accidents

 

For more information, contact Bradley Marcus Injury and Wrongful Death Attorney at 480-315-6513.

In the five to ten years, recoveries in Arizona Personal Injury cases have been subjected to multiple claims for reimbursement. Adding to this problem is the fact that some hospitals are attempting to collect from third party settlements and attempting to avoid billing at patient's health insurance so that they can collect more money from a patient's medical payments coverage on their own auto policy (optional coverage that patient may or may not have).

This is just plain wrong. My advice to clients/patients is that they should insist that the hospital bill their health insurance and not take no for an answer. In the next blog, I will explain why the hospitals are doing this and why this takes money out of a client's/patient's pocket.

Baker and Marcus are Arizona Injury Attorneys. Baker and Marcus have offices located in Scottsdale, Arizona and Tempe, Arizona. We practice statewide and our practice is limited to Arizona Personal Injury and Arizona Wrongful Law. We have attained the highest rating by our peers, AV Rating with Martindale Hubbell. 

We handle multiple types of injury cases including but not limited to: Phoenix Car Accidents, Scottsdale Car Accidents, Tempe Car Accidents

Phoenix Product Liability cases, Scottsdale Product Liability cases and Tempe Product Liability Cases

Phoenix Dog Bites, Scottsdale Dog Bites and Tempe Dog Bites

Phoenix Car Accident/Pedestrian Accident, Scottsdale Car Accident/Pedestrian and Tempe Car Accidents/Pedestrian Accidents

 

For more information, contact Bradley Marcus Injury and Wrongful Death Attorney at 480-315-6513.

 A new Court of Appeals case was just handed down allowing the recovery by State agencies for health care paid out for state employees for treatment received due to injuries sustained in a third party accident. The particular state agency is entitled to be reimbursed the amount the state paid when their is a third party settlement, award or judgment. However, the state agency is required to reduce the amount required for reimbursement by the amount of attorney fees and costs charged by the attorney to the injured party (my interpretation of the case). The case is Arizona Department of Administration V. Cox.

Up until this case, this issue was a hot topic for debate. Now it appears, the issue of reimbursement and the question of compromise of the reimbursement is for the time being put to rest.

In Arizona, if an accident injury claim (Examples: Motorcycle Injury Accident, Phoenix Car Accident) involves the responsibility of a government entity, notice of the claimant's intent to make a claim must be presented within 180 days. A lawsuit must be filed within one year from the date of the loss. 

The notice of claim to the governmental defendant must be prepared correctly, pursuant to Arizona Revised Statutes Section 12-821 et. seq., or else the legal right to pursue the claim could be barred/lost.  

Every state has a time limitation within which the plaintiff (claimant) has to file suit. In Arizona, the general rule subject to some exceptions is that the plaintiff (claimant) has two years from the date of the accident within which to file a lawsuit. Failure to file suit within the prescribed time will result in the loss of the plaintiff's legal rights.

So, for example, if you are involved in an Phoenix Car Accident and you have sustained Personal Injury and the case can not be settled within the two-year anniversary of the injury accident, a lawsuit must be filed against the appropriate defendant(s) to protect the statute of limitations and your legal rights.

Baker and Marcus are Arizona Injury Attorneys. Baker and Marcus have offices located in Scottsdale, Arizona and Tempe, Arizona. We practice statewide and our practice is limited to Personal Injury Law. We handle multiple types of injury cases including but not limited to:

 

Phoenix Car Accidents, Scottsdale Car Accidents, Tempe Car Accidents

Phoenix Product Liability cases, Scottsdale Product Liability cases and Tempe Product Liability Cases

Phoenix Dog Bites, Scottsdale Dog Bites and Tempe Dog Bites

Phoenix Car Accident/Pedestrian Accident, Scottsdale Car Accident/Pedestrian and Tempe Car Accidents/Pedestrian Accidents

 

For more information, contact Bradley Marcus Injury and Wrongful Death Attorney at 480-315-6513.

The law in Arizona is comparative negligence. This means that more than one party involved in an accident can be at fault. For example, in a case where a person is turning left and the other driver is going straight, it is possible that both drivers share fault. The fault could be apportioned depending on the evidence. Even if a claimant is determined to be partially at fault for their own injuries, this does not preclude the claimant from a recovery from the other party. The value of the injury claim or the claim for property damage would simply be reduced by the percentage of fault apportioned. 

Baker and Marcus are Arizona Injury Attorneys. Baker and Marcus have offices located in Scottsdale, Arizona and Tempe, Arizona. We practice statewide and our practice is limited to Personal Injury Law. We handle multiple types of injury cases including but not limited to:

 

Phoenix Car Accidents, Scottsdale Car Accidents, Tempe Car Accidents

Phoenix Product Liability cases, Scottsdale Product Liability cases and Tempe Product Liability Cases

Phoenix Dog Bites, Scottsdale Dog Bites and Tempe Dog Bites

Phoenix Car Accident/Pedestrian Accident, Scottsdale Car Accident/Pedestrian and Tempe Car Accidents/Pedestrian Accidents

 

For more information, contact Bradley Marcus Injury and Wrongful Death Attorney at 480-315-6513.

If you present a claim for property damage and/or injuries, the adverse insurance company will request that you provide a statement. The statement is usually recorded. This is particularly so when the claimant is unrepresented. The claimant is under no obligation to provide the negligent party's insurance company a statement. In fact, in cases I am involved in, I usually deny the request.

However, be aware that if the claimant's own insurance company requests a statement, the cooperation clause of the claimant's insurance policy requires this compliance.

Baker and Marcus are Arizona Injury Attorneys. Baker and Marcus have offices located in Scottsdale, Arizona and Tempe, Arizona. We practice statewide and our practice is limited to Personal Injury Law. We handle multiple types of injury cases including but not limited to:

 

Phoenix Car Accidents, Scottsdale Car Accidents, Tempe Car Accidents

Phoenix Product Liability cases, Scottsdale Product Liability cases and Tempe Product Liability Cases

Phoenix Dog Bites, Scottsdale Dog Bites and Tempe Dog Bites

Phoenix Car Accident/Pedestrian Accident, Scottsdale Car Accident/Pedestrian and Tempe Car Accidents/Pedestrian Accidents

 

For more information, contact Bradley Marcus Injury and Wrongful Death Attorney at 480-315-6513.

 When a person is involved in an Arizona car accident, Arizona Motorcycle accident, Arizona Boating accident or any type of accident where personal injuries are received and where the person receives a third party recover (settlement or award) some health insurance companies have the right to be paid back out of the recovery for accident related benefits paid out. Arizona law prohibits this reimbursement subject to some exceptions including workers compensation insurance and health insurance plans that are self-funded ERISA plans. If a health insurance plan is an self-funded ERISA plan, federal law preempts Arizona law and allows for reimbursement.

Baker and Marcus are Arizona Injury Attorneys. Baker and Marcus have offices located in Scottsdale, Arizona and Tempe, Arizona. We practice statewide and our practice is limited to Personal Injury Law and Arizona Wrongful Death Law. We handle multiple types of cases including but not limited to:

Phoenix Car Accidents, Scottsdale Car Accidents, Tempe Car Accidents, Phoenix Product Liability cases, Scottsdale Product Liability cases and Tempe Product Liability cases, Phoenix Dog Bites, Scottsdale Dog Bites and Tempe Dog Bites.

For more information on Health Insurance Reimbursement or any question on insurance or personal injury, contact Bradley S. Marcus at 480-315-6513.

People who have had Hip Replacement Problems with a Zimmer Durom Cup, may be entitled to compensation. People who have required revision surgery because the cup came loose or failed to bond properly. Sales of the Durom Cup were suspended by Zimmer in July 2008.

Baker and Marcus are Arizona Product Liability Lawyers with Attorney offices in Tempe and Scottsdale. We have handled multiple defective hip implant cases. For more information call Bradley S. Marcus at 480-315-6513.

 Parking lot accidents are some of the toughest cases to get settled for full value. The reason is usually because there is a dispute between the drivers as to who hit who and the insurance companies dispute liability. Unfortunately, because the accident occurred on private property, the police department will not investigate. Frequently there are no witnesses.

Accident Lawyer and Arizona Wrongful Death Attorney, Bradley S. Marcus of Baker and Marcus recommends that the victim of a parking lot accident does the following things:

1. Get all information of the other driver including but not limited to insurance information;
2. Get the names, addresses and phone numbers of all witnesses
3. If injured contact an experienced personal injury attorney

Baker and Marcus are experienced Injury Lawyers based in Arizona. We have over 55 years of combined experience and we have handled multiple parking lot cases. For more information contact Bradley S. Marcus at 480-315-6513.

Over the years Baker and Marcus have handled a number of cases where the injured person slipped and/or tripped and fell. Insurance companies for the owner of properties where the injured person has fallen frequently take a very line on accepting responsibility. Simply slipping or tripping and falling on a property does not equal payment by the owner of the property or his/her insurance company.

Save for a limited exception(s), Arizona law states it is the burden of the injured person to show that the owner knew of the hazard or should have known of the hazard that caused the fall. Frequently there is no way of showing how long the hazard had been on the property and as such, the insurance company denies the claim. Baker and Marcus have been  successful over the years settling the majority of the slip/trip and fall cases we accepted.

Baker and Marcus, Scottsdale Arizona Injury and Scottsdale Wrongful Death Attorneys limit their practice to Arizona Injury Law and Arizona Wrongful Death Law. We are available statewide including Scottsdale, Phoenix and Tempe. Our Attorney Office in Tempe borders the boundary lines of Phoenix Arizona.

Baker and Marcus, Arizona Injury and Wrongful Death Attorneys have over 55 years of combined experience. We are AV rated by Martindale Hubbell, a peer review service. For more information regarding personal injury or wrongful death, please call Baker and Marcus at 480-315-6513.

 A manufacturer has a duty to introduce products to the public that are safe and free of defects. If a product is defective, the manufacturer, the distributor and place of sale could all be strictly liable for the defect. However, misuse of the product is a defense to a Product Liability claim.

Baker and Marcus have handled multiple Product Liability cases ranging from foreign substances in food, an exploding barbeque grill resulting in severe burns, cases involving defective hop implants resulting in settlements of six figures each and a number of other cases involving defective products. A defense to a Product Liability claim is misuse of the product. 

Baker and Marcus are experienced personal injury lawyers. Baker and Marcus are AV Rated, Personal Injury and Wrongful Death Attorneys. For more information on injuries sustained in a involving a defective product, please call 480-315-6513. Baker and Marcus have offices located in Tempe bordering Phoenix and in Scottsdale.

 If you have been injured in an accident, it is wise to consult with an attorney that limits his practice  injury cases. An experienced personal injury attorney will be able to evaluate your case. Some ingredients that go into a personal injury lawyer's evaluation of a case are the amount of medical bills, the amount of wage loss, the severity of the damage to the injured person's vehicle, the nature and extent of the injuries (e.g. fractures vs. whiplash) and pain and suffering.

Arizona statute 28-812 provides that traffic laws apply to persons riding bicycles. All riders are granted all rights and are subject to all duties applicable to driver of a vehicle. It is a violation of Arizona law to use a bicycle to carry more persons at one time than the number for which the bicycle was designed and equpped.

Before riding your bicycle, a bicyclist should know the "Rules of the Road". Baker and Marcus recommend that a bicyclist wear bright clothes at night and use headlights and reflectors, signal for stops and turns, maintain your bicycle and always WEAR A HELMUT.

Baker and Marcus are experienced personal injury lawyers. We have handled many Arizona personal injury cases involving bicycle/motor vehicle collisions. These cases include a bicyclist involved in a collision in Scottsdale, Arizona where he sustained catastrophic injuries to his hand and leg resulting in a settlement over $750,000.

Baker and Marcus are AV Rated, Personal Injury and Wrongful Death Attorneys. For more information on injuries sustained in a bicycle/motor vehicle accident, please call 480-315-6513. Baker and Marcus have offices located in Tempe bordering Phoenix and in Scottsdale.

 Arizona law mandates the use of a seatbelt. Failure to wear a seatbelt during an Arizona car accident could result in the investigating police officer giving a ticket for failure to wear the seatbelt. The fine when last reviewed was $10.00. 

More importantly is the safety factor of wearing a seatbelt. Also important is the impact failure to wear a seatbelt has on a person's Arizona personal injury case. Failure to wear a seatbelt is a defense in personal injury cases especially when the injured party sustains upper extremity injuries or injuries to the face/head area. 

Insurance companies will frequently use the seatbelt defense to reduce the value of an injury claim.