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Legal FAQs Disclaimer: The information provided in the Piccarreta Davis web site is offered purely for informational purposes. It is not intended to create or promote an attorney-client relationship, and does not constitute and should not be relied upon as legal advice. It is not intended to seek professional employment in any state where lawyers in the firm are not admitted to practice, or in any state where this web site would not comply with applicable requirements concerning advertisements and solicitations. We intend to make every attempt to keep this information current. We do not promise or guarantee, however, that the information is correct, complete or up-to-date, and internet subscribers and online readers should not act based upon this information without seeking professional counsel from an attorney admitted to practice in your location. Transmission of information from the Piccarreta Davis web site is not intended to create, and its receipt does not constitute, an attorney-client relationship with Piccarreta Davis or any of its individual attorneys or personnel. If you elect to communicate with the firm, or any of its attorneys, through this web site, do not transmit any information about any matter (and particularly not any confidential information) that may involve you until the firm has agreed to represent you, and you have received confirmation of that fact in the form of a written engagement letter.
Frequently Asked Questions How do I select a personal injury attorney? Before you select a personal injury attorney you should interview the attorney and ask a number of questions. Some of the questions you might ask include:
You should be given the time you need to ask your questions. You should chose the attorney and staff whose qualifications and office practice meet your needs. Personal injury is a very broad concept that encompasses claims by individuals for damages to their body, health and emotional well being. The most common type of personal injury involves injury from a car accident however; personal injury claims also arise from dangerous products, medical negligence, dangerous conditions on private or public property, to name a few. Do I need an attorney to pursue a personal injury claim? Not always. In smaller cases, it may be better not to hire an attorney and resolve your case directly with the insurance company. However, if you have suffered a significant injury, you should always contact an attorney. We offer free consultation to anyone who has suffered an injury. We will assist in determining whether your case requires an attorney or if you are better off resolving it informally. Why should I hire an attorney to assist me in resolving my personal injury claim? A good personal injury attorney will provide the benefit of years of experience. This experience and insight levels the playing field when dealing with insurance companies. Insurance companies have adjusters who settle cases everyday. Only an experienced, skilled attorney can make sure your case is fairly evaluated. What if I have experienced a wrongful death? The unexpected death of a loved one is always tragic, especially if it was caused by the negligence of another. If the death is caused by the negligence of others, the law may allow certain family members to recover monetary damages. Although monetary damages cannot replace the life of a loved family member, such compensation is, often, the only way to provide for the financial future of the family unit. Wrongful death claims and lawsuits may also force unsafe companies and individuals to act in a more responsible way so that such tragedies are avoided in the future. As with any injury caused by the negligence of another, you should consult with a lawyer to obtain advice as to your rights. Generally, medical malpractice is a personal injury arising out of poor medical care. Examples are too numerous to list; however, some examples include misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. Many times medical malpractice is not obvious to a lay-person and requires review by experienced lawyers and medical experts. Have I waived my medical malpractice rights because I signed a consent form? No. A consent form does not give the health care provider permission to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the healthcare provider from his or her duty of using reasonable care. Who can commit medical malpractice? Generally, a medical malpractice claim may be pursued against those who provide medical or health care to a patient, including, physicians, registered nurse, hospitals, dentists, nursing homes, and pharmacists. Medical malpractice claims may be brought against individuals, partnerships, professional associations, and corporations. What if I have been injured in a fall on somebody else’s property? You may have a claim for personal injuries. In general, the law requires property owners, residential or commercial, to maintain their property in a reasonably safe condition for their visitors. This requires the property owner to inspect their buildings and land for any hidden dangers that a visitor may not notice and to either correct the dangerous condition or warn their visitors. If you have sustained injury upon someone else’s property, you should consult an experienced personal injury attorney to analyze your case and apply the law. As with a motor vehicle accident, you should not give an interview to any insurance adjuster or investigators until you have consulted with an attorney. What should I do if I have been injured in an automobile accident? Every situation is different, but here are some specific and immediate steps to take if you are in an accident.
What if the other driver has no insurance? Unfortunately, around one-third of all vehicles in Arizona are either underinsured or uninsured. If you are in an accident with an uninsured or underinsured driver who is at fault, the uninsured or underinsured motorist provisions of your own auto policy will apply to provide you some protection. A variety of uninsured and underinsured motorist coverages are available so the impact of being involved in an accident with uninsured or underinsured driver will vary depending on the type of coverage you have obtained. For that reason and others, consultation with an attorney may be advisable. What items are included in a personal injury claim? Key items include wage loss, loss of earning capacity, health care provider expenses, medical expenses, pain and suffering, anxiety and emotional distress to name but a few. How does Piccarreta Davis charge attorney’s fees in personal injury cases? We work on a contingency fee, meaning if we do not win, we do not get paid. The fee may vary depending on the type of claim. What is the deadline to file a personal injury claim? It depends. In the case of a government or public entity, certain actions must take place within as little time as six months. In other instances, legal action can be brought within two years or more depending on the age and mental capacity of the injured party. However, it is best to contact an experienced personal injury attorney as soon as possible following an injury-producing event. |
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