When should I seek professional legal advice?
Every legal situation is unique and requires specific legal analysis. In some cases, the wrong decision may cost you your legal rights.

Here are some examples of when to seek a lawyer’s assistance:

• Before signing any written contracts with major legal/financial provisions or consequences.
• Before starting or buying a business.
• When facing tax problems or questions.
• When making a will or planning an estate.
• If you are involved in an accident that results in personal injury or property damage.
• If you are being investigated for a crime.
• If you are being sued by someone, or if you want to sue someone.

Why should I consult a lawyer?
Only lawyers can give legal advice in Arizona. Lawyers are trained professionals who must be licensed through the Arizona Supreme Court. In order to be licensed, lawyers must show that they have the education, training, and character necessary to practice law. Lawyers are also required to follow a strict set of ethical rules. If lawyers violate these rules, they may be subject to professional discipline. Therefore, to protect consumers, the law provides that only lawyers may give legal advice.

There are many ways to find a competent and affordable lawyer in Arizona who can assist you with your legal matters.

• Get recommendations from friends and family members who have had positive experiences with lawyers.
• Search for lawyers by practice area or location at the State Bar’s online Find a Lawyer feature.
• Visit the lawyer’s website; see if they will answer some basic questions before you commit to meeting with them. Ask about their experience in handling your particular issues, and their availability to take client phone calls and respond to emails. Some lawyers insist that clients make appointments and will not answer client calls and emails. You will want someone who is accessible when you need them.

But Do I need a Personal Injury Lawyer?

There is really only one reason not to retain a lawyer in a personal injury matter: you do not want to pay the lawyer’s fees.  It is a good reason. Because attorneys’ fees are often a third of the total recovery and sometimes more, it can be a significant amount of money.   And, in spite of what many lawyers will tell you, there certainly are personal injury cases where the client would have been better served by not having a lawyer in the first place.

In most cases, you are better served by having a lawyer, even if your ultimate goal is to settle.  Why?   An experienced personal injury lawyer can evaluate the offer for you so that you can know whether you are getting fair compensation.  The insurance companies’ goal is  to pay you as little as possible.  Without knowledge of what the fair value of the case is, you are in the dark as to what the settlement and trial value is of cases similar to yours.  Is $100,000 a fair value for your case?  It sure is a lot of money.  But is it what your case is worth?  Unless, you have seen hundreds of these cases and have had the opportunity to take similar cases to a jury, you really have no idea if you are hitting a home run or if the insurance company is taking advantage of you.  Insurance companies are more likely to settle your case for a bargain when you represent yourself, because they know you do not know the value of the case.

Also, the leverage a personal injury lawyer has, particularly a lawyer who has a proven track record with the insurance companies, is that a lawsuit will be the response to an unreasonable offer.  Insurance companies know who the serious lawyers are who are willing to try cases; they also know which lawyers settle almost all of their cases.   Your settlement offer typically reflects this.

Often, more work often needs to be done to be able to put your personal injury case in the position to receive a reasonable offer.  Many cases require additional work to prepare a demand package beyond the collection of the medical bills.  You might need, just to name a few examples, an additional report from a doctor with respect to the scope of your injuries or future required medical care, an economist’s report to calculate your real damages, or a vocational rehabilitation expert to assist in determining your economic loss.   A personal injury lawyer can provide the expertise to figure out what you need and how to go about getting it.  You might think you can advocate your own case to the insurance company.  Who is more qualified than you to discuss your own injuries?   In some ways, you will be able to advocate your own case better than anyone because you actually experienced the pain and suffering that you are discussing with the claims adjuster.  The biggest problem with doing this is that you often say things that end up hurting your case when you handle your own claim. 

Do I need a lawyer if my case goes to a hearing or trial?
With a few exceptions, only a lawyer may represent you in court. If you do represent yourself, you will be expected to be familiar with court procedures, comprehend your documents, and understand the law related to your case. Check with the court for the availability of materials that explain how to represent you in that court.

Visit www.AZLawHelp.org to search for information, download court forms, and find the legal agencies that serve Arizonans most in need. Other useful information can be found at www.lawforkids.org and http://www.lawforseniors.org.

From our Arizona State Bar:

Most of us have heard the phrase “personal injury,” but many people may not be sure exactly what it means.

Common examples of personal injury negligence claims include car accidents, slip and fall claims (also called “premises liability” cases), products liability and professional malpractice cases.  Injuries that occur at work are generally referred to as “industrial” claims and are governed by worker’s compensation laws.

Who will pay for my medical bills?
Under the law, if someone else causes an accident, they are liable for the medical bills as well as pain and suffering directly as a result of the accident.  Remember, however, that the other person may not have any insurance, or enough to pay the bills, and sometimes there may be a dispute as to who was at fault or whether all the injuries and treatment are directly related to the accident.  It is usually best to first submit your bills through your own health insurance. A lawyer can advise you on questions of liability and available insurance coverage as well as medical liens or rights of reimbursement.

What are “damages” and can I collect money for pain and suffering?
Under the law, personal injury “damages” include past and future medical expenses, past and future lost wages as well as the “pain and suffering” you have experienced or will likely experience in the future.  There is no formula or precise way to calculate pain and suffering, however, because every case is different.

What is a wrongful death case?
If someone dies as a result of someone else’s fault, the surviving family members can bring a “wrongful death” claim.  In Arizona, the only persons who can bring such a claim are the parents, the surviving spouse and the natural children of the person who died.  The legal term “loss of consortium” is used to describe the loss or harm suffered by each person based on his/her relationship with the family member who died.

Do I need a lawyer to make a claim?
Although you are not required to have an attorney to make a personal injury claim or to negotiate with an insurance adjuster, an attorney will help you understand your legal rights. If you caused an accident or may be responsible for someone else’s injuries, an attorney will usually be hired by your own insurance company to represent you depending on the type of claim and coverage.

How long do I have to pursue a claim?
For most negligence cases in Arizona, you must file a lawsuit within two years of the date of the accident or injury or it will be barred by the statute of limitations (legal deadlines).  Be careful, however, because some deadlines can be as short as six months, and there are different requirements for making a claim against government agencies or employees, for example, or if you were hurt on the job. 

How are personal injury attorneys paid?
Most personal injury lawyers are paid on a “contingency fee” basis, meaning the attorney’s fees will be a percentage of any settlement or financial award.  Costs, such as filing fees, and the cost of obtaining medical records or hiring expert witnesses, are often advanced by the lawyer, but are separate from attorney’s fees.

How can I find an attorney?
One of the best ways to find a lawyer is to get a referral from a trusted friend or family member.  You can also go to the State Bar of Arizona’s Web site at www.azbar.org and select “Find a Lawyer” to search for Arizona attorneys by name, practice area, office location or languages spoken. 

What to Do if You Are Involved in an Accident

The most important thing is your health.
If necessary, go to the emergency room or follow up with your regular doctor. You should bill all treatment through your regular health insurance, if you are covered. Some doctors will agree to provide treatment and wait to be paid from a settlement.

Pay close attention to the details of how the accident occurred.
Try to find out who was responsible for causing the accident or injury. You should call the police and request that a report be made when you are involved in an accident that was someone else’s fault. If the police do not do so, you should obtain the contact information for everyone involved and their insurance companies as well as the names and contact information of any witnesses.

Talk to your insurance agent.
After an accident, review your own insurance policy and talk to your insurance company or agent. You may be entitled to payments for medical bills (“med pay coverage”) and your own car insurance may apply if the other driver does not have insurance or if there is not enough insurance (“uninsured and underinsured motorists” coverage).

Always report the accident to the other person’s insurance company.
Always be polite and cooperative when reporting the accident, but remember that you generally do not need to give a recorded statement nor should you talk about your injuries until you are released from your doctor’s care.

Document your injuries and expenses.
Keep track of any expenses you incur, including bills and receipts, and be sure to document any time lost from work due to the accident. Take photographs of the vehicles or the accident scene, as well as your own injuries, if applicable.

What to do if you caused or may be responsible for the accident.
Never leave the scene of an accident.  You will need to cooperate by providing information to the police or sometimes to your employer if the accident happened while you were on the job.  If you may be at fault for causing an accident and you have insurance, you should report the accident to your own agent or insurance company, and they will usually be able to take care of investigating the accident, settling any claims based on the available coverage, or hiring a lawyer to defend you, if necessary.

A guardianship is the appointment by a court of an individual or entity to provide care and to make personal decisions for a minor or an incapacitated adult.  In personal injury cases, some people might be under guardianship due to coma, brain injury or other severe trauma.  A guardian can be appointed for a child if the child’s parents are likewise incapacitated.  Before being appointed as guardian, the individual must provide background information to the court, such as any felony history, prior times the person acted as a guardian for someone, and other information.  A person for whom a guardian is appointed is called a ward.

A guardian has powers and responsibilities similar to those of a parent. The guardian may make personal decisions for the ward relating to living arrangements, education, social activities, and authorization or withholding of medical or other professional care, treatment, or advice. The guardian must always make decisions that are in the best interests of the ward. The guardian must always make sure that the ward is living in the least restrictive environment in which the ward can remain safe.  A guardian must submit a written report to the court annually on the date of the guardian’s appointment. The report must include information on the health and living conditions of the ward and a current physician’s report.

If an adult has executed a valid Health Care Power of Attorney, Mental Health Care Power of Attorney, and Living Will (for end of life decisions), a guardianship might not be needed. These forms can be found at: www.azag.gov under “Life Care Planning” tools. An adult can only appoint an agent under a power of attorney if the adult is competent to understand the power of attorney document. However, even if an adult completes the powers of attorney and living will, he or she could still be subject to a guardianship proceeding. A guardianship petition can be filed with the court if someone believes the person nominated as the heath care power of attorney agent is not acting in the best interests of the incapacitated person.

What is a conservatorship?

A conservatorship is much more common in personal injury cases.  It is a court proceeding to appoint an individual, or an entity like a private fiduciary, to manage the financial affairs of a minor or an incapacitated adult who is unable to manage his or her own property or financial matters.  The person for whom a conservator is appointed is called a protected person.  Other, in personal injury cases, parents serve as conservators for their children’s personal injury settlements.  Before being appointed as conservator, the individual must provide various background information to the court, such as any felony history, prior times the person acted as a conservator for someone, and other information.
The court may also appoint a conservator for a single transaction or a limited purpose, such as placing funds from a personal injury settlement into a restricted account until the minor turns eighteen.  The limitation is noted by the judge on the letters of appointment.  A conservator has the powers and responsibilities of a fiduciary.  The conservator may use a protected person’s money only for the benefit of the protected person. A conservator may not make gifts of the protected person’s assets unless the court has issued an order that authorizes the gifts. A conservator cannot use the protected person’s money to pay the conservator’s bills.

The crash happened in August as Welch was turning south from Congress Street onto Fifth Avenue. Her tire caught in the groove between the tracks and pavement and she was thrown into the street.

Many Tucson cyclists have expressed concern about the new track system.  The Living Streets Alliance, a safety and access advocacy group, has collected about 30 reports of bike crashes on the tracks.  Many more have gone unreported.

City leaders had warnings about the potential for crashes like Welch’s, including several letters from their own Bicycle Advisory Committee.

Two years ago the committee sent a letter warning now-City Manager Richard Miranda that the type of rail chosen for the project is “much more likely to catch the tires of bicyclists, causing them to crash and potentially throwing riders onto the street in front of traffic.”

The committee said it understands the need to finish the project on time and on budget, “however, we feel it is a mistake to negatively impact bicyclists, potentially causing many injuries.”

See a timeline on Tucson’s modern streetcar at azstarnet.com/streetcar

You can report crashes online at www.livingstreetsalliance.org/our-work/projects

Pima County sponsors free, one-hour bike safety classes at the University of Arizona Mall, including lessons on how to ride safely near tracks. The next classes are: 9 a.m. April 17; 10 a.m. May 9; 9:30 a.m. May 21

Go to BikePed.pima.gov or call 243-BIKE (2453) for more class times.

At Bache & Lynch we hope all of your cycling adventures are safe ones, but if you are involved in a crash, please contact us for assistance with your claim.  Keep in mind that your time frame to make a claim may be very short.

Forklifts are one of the most frequently used pieces of equipment in the U.S., with an estimated 856,000 forklifts (also known as “lift trucks” or “powered industrial trucks”) in operation at any given time. So it stands to reason that forklift accidents are among the leading cause of injuries on construction and industrial sites.

In Arizona, forklift accidents are frequent – and sometimes fatal. The most common forklift injuries include:
• Vehicle tip-overs, crushing the operator
• Crushing injuries to a worker between the vehicle and another surface
• Crushing injuries to a worker between the forklift and another vehicle
In April 2011, the U.S. Occupational Safety and Health Administration (OSHA) reported that forklift accidents claim about 100 lives every year in the United States, with an additional 34,900 individuals obtaining serious injuries and 61,800 individuals experiencing minor injuries.
Due to the risks involved, the OSHA standards require that all forklift operators be trained and authorized to drive the specific model used. In addition, the standards require that a forklift operator complete a daily inspection before operating the vehicle.

Last year alone, OSHA issued more than 2,900 citations and about $2 million in penalties for violations involving forklifts.
The number of injuries related to construction and industrial accidents rises almost every year. No one plans an accident, so whether you’ve been around forklifts for a month or 10 years, it’s a good idea to regularly review safety precautions.
Safety Maintenance News provides these forklift safety tips. ADOSH recommends that they be regularly reviewed with forklift operators:
• Watch where you place your hands and feet. Be aware of and stay clear of pinch points such as the wheels and lift gears.
• If your truck starts to tip over, don’t jump. Stay in your seat, grip the wheel securely and brace yourself with your feet.
• Always look out for others when moving and operating your forklift.
• When operating the forklift watch out for pedestrians, blind intersections and drive slowly.
• No one may walk or stand under the forks when in a raised position,
• Do not allow anyone to ride with you on the lift unless it is made for more than one person.
• Forklifts are not elevators. Do not lift anyone unless you are using a special basket designed for lifting personnel.
• Fluids from a forklift can leak out overnight on the area where you park it and make the surface slick. Check for fluids when you get on and off a forklift to prevent a slip and fall.
• Do not let unauthorized persons operate your forklift. Remove the key when the forklift is unattended.
• Use your horn when backing up, at intersections, when going through doors and anywhere you have limited or blocked vision.
• Use your seat belt and check that the warning lights and backup alarm work before operating the machine. (Failing to wear a seat belt is one of the most frequently issued citations related to forklift operation.)
• Remember that you are the most important safety device on a forklift. Don’t operate a forklift if you are sleepy, distracted or feeling ill.

Arizona laws dictate what claims can be made when somebody is injured while they are working. Many people believe that if they are injured while on the job in Arizona, the only course of action is to file a workers’ compensation claim. This is not always true!

It is true that workers’ compensation and premises liability protects most of our workers. This protection is important. However there are many times when Arizona workers’ compensation is not adequate. And there are many times that there is a better remedy. When a third party caused the injury – not a coworker but somebody who worked for separate company or from a dangerous product that was used at work – there are other remedies available. In addition, employers are required to meet certain standards and to do certain things in order to have the protection of workers compensation. Where an employer fails to do what is required, such as posting adequate notice to the workers or providing the availability to “opt out” of the workers’ compensation system, the worker still may have the right to file a lawsuit for negligence.

There is no question that there are many times that the workers’ compensation system is a huge benefit to workers. There are many times where even if one could “opt out” of workers’ compensation it would not be to their benefit. This may even be true in a large percentage of cases. However, it is always advisable to speak with an attorney prior to making this determination. If you or someone that you love has been injured while they are at work, please feel free to give us a call.

A twin and the youngest of five, 7-year-old Graeme, as her family called her, was the daughter of Nancy and James Baker IV, the son of former Secretary of State James Baker III. A member of her community swim and diving team, Graeme was able to swim without assistance since she was 3 years old.

In June 2002, Graeme became stuck to a hot tub drain and was unable to pull herself free. Efforts by her mother to pull Graeme from the drain proved unsuccessful. Two men who eventually freed Graeme from the spa pulled so hard that the drain cover broke from the force. Graeme died from drowning, but the real cause of her death was suction entrapment due to a faulty drain cover.

After her tragic death, her mother, Nancy Baker, worked tirelessly to advocate for pool and spa safety. Mrs. Baker, her family and Safe Kids Worldwide actively lobbied Congress to win support for a law to require anti-entrapment drain covers and other safety devices, as needed. The statute, which was sponsored by U.S. Rep. Debbie Wasserman Schultz of Florida, was signed into law by the President in December 2007.

To carry out the requirements of the Virginia Graeme Baker Pool & Spa Safety Act, CPSC launched Pool Safely: Simple Steps Save Lives, a national public education campaign to raise public awareness about drowning and entrapment prevention, support industry compliance with the Act’s requirements, and improve safety at the nation’s pools and spas.

The lawsuit filed on behalf of Ford owners in 14 states is seeking class-action status and goes into great detail about the alleged defect in the models named in the lawsuit that don’t have brake override technology. That technology stops the car if both the brake and the gas pedal are activated at the same time. Ford began installing it, known as “brake over accelerator,” in all vehicles it makes in 2010.

Attorneys for the plaintiffs are seeking compensatory damages for the lost value of the affected cars — the difference between what they paid for the cars vs. the value of the defective vehicles. The lawsuit also asks Ford to “fix the problem.”

The lawsuit was filed in the U.S. District Court for the southern district of West Virginia. It cites a 2011 report by the Transportation Department’s inspector general that showed Ford had the same number of deaths and injuries from these electronic throttle controls as Toyota: 374 from 2003 through 2009. Ford had 22% of all complaints of unintended acceleration during that period, more than any of the other major auto manufacturers, the report said.

If you believe you have been injured due to such a design defect, please contact Bache & Lynch for assistance.

Securely anchor or counter-weight movable soccer goals at all times.

Never allow anyone to climb on the soccer net or goal framework.

Use movable soccer goals only on level (flat) fields.

Ensure safety labels are clearly visible.