Arizona Personal Injury and Negligence Per Se. In Arizona, Negligence Per Se laws allow an Accident victim to make a claim for compensation due to another individual’s violation of law by proving: 1) The defendant violated an Arizona statute, 2) The Accident Victim is within the class of persons intended to be protected by the statute, 3) The injury was the type of harm intended to be protected by the statute, and, 4) The violation of the statute was the direct cause of the injury. If all four elements are satisfied, the defendant is liable under Arizona’s Negligence Per Se laws. For Example, Arizona Revised Statutes 28-701(A) states, ” A person shall not drive a vehicle on a highway at a speed greater than is reasonable and prudent under the circumstances, conditions and actual and potential hazards then existing. A person shall control the speed of a vehicle as necessary to avoid colliding with any object, person, vehicle or other conveyance on, entering or adjacent to the highway in compliance with legal requirements and the duty of all persons to exercise reasonable care for the protection of others.” Injured Victims of Arizona Rear End Car Accidents can make a claim under Arizona Negligence Per Se laws by proving: 1) The other driver violated ARS 28-701(A) because they did not control their speed to avoid a collision, 2) The Injured Victim is exactly the class to be protected under this statute, 3) The resulting injuries (typically whiplash, neck injuries, back injuries), are the types of injuries to be prevented by the statute, 4) The injuries were a direct result of the other driver’s excessive speed and inability to avoid a collision. If you have been injured in an Arizona Accident call an Experienced Arizona Personal Injury Lawyer at Mostafavi, Marco & Wimmer today. We offer a free consultation with a lawyer to advise you on your rights and remedies. (480) 540-3815 or visit www.mmwazlaw.com.
Arizona Personal Injury and Negligence Per Se.
Gilbert Arizona Personal Injury, Bankruptcy, DUI Law Firm Mostafavi, Marco & Wimmer. Mostafavi, Marco & Wimmer has 30 plus years of combined legal experience representing Gilbert, Arizona clients in Car Accident, motorcycle accident, wrongful death, chapter 7 bankruptcy, chapter 13 bankruptcy, and DUI cases. We pride ourselves on our professionalism and personal service. Our honest, affordable fees allow our clients to attain the utmost in legal service for a fair price. Our Gilbert, Arizona Law Office is located at 3420 S. Mercy Rd., Suite 107, Gilbert, AZ 85297. We are in the building directly East of Mercy Gilbert. If you are looking for an affordable and aggressive Personal Injury, Bankruptcy, or DUI Lawyer in Gilbert, Arizona Call Mostafavi, Marco & Wimmer today at (480) 540-3815 for a free consultation with an experienced lawyer.
Phoenix Arizona Car Accident Lawyer Dan Marco-25 years of personal injury experience. Dan Marco has been a personal injury lawyer for 25 years, representing victims ranging from the simple fender bender car accident, to families of those wrongfully killed by the negligence of another. Dan Marco is the anti-ambulance chaser, with his brutal honesty, refusal to accept every single case simply because they walk in the door, and his willingness advise clients on how to handle cases themselves. In some situations, personal injury clients are better served dealing with the insurance companies on their own, to maximize their recovery. Dan always offers a free initial consultation and does not charge a fee unless he is successful in settling your case. For a free consultation call (480) 540-3815 or visit www.mmwazlaw.com.
Arizona car accidents-Do you need a Personal Injury Lawyer? A few common questions Phoenix Arizona car accident victims have are, “Do I need to hire a lawyer to handle my case?” and “If I have to share my settlement with a Personal Injury Lawyer, won’t I get less money?”. These are both legitimate questions that require a proper analysis. Typically, after your car or motorcycle accident you will get a call from the at-fault driver’s insurance company. They will be overly friendly and caring, and will act as a confidant throughout your treatment. They want to gain your trust so that once a settlement offer is made, you feel that they are being fair. Keep in mind it is the insurance adjuster’s job to minimize your claim. They get incentives for small settlements that increase the company’s profits. If you accept the low ball offer, you can not go back! We routinely see settlement offers for car/motorcycle accidents that are far less than the injured party’s medical fees. If this is true in your personal injury case, it is imperative you consult with an experienced personal injury lawyer. Our team of personal injury lawyers analyze your case to ensure full recovery. Our objective is to recover the maximum amount for damages in your accident case,the money you deserve. Furthermore, we do not recover a fee unless we are successful in settling your claim. If our car accident lawyers feel you will recover more handling the case on your own, we will not take your case. Our honest personal injury attorneys will ensure that it is in your best interest to hire us to maximize your compensation. For a free car accident/personal injury consultation call us today at (480) 540-3815 or visit www.mmwazlaw.com. Our personal injury lawyers have over 30 years of experience handling car and motorcycle accidents.
Phoenix Arizona Car Accidents-WEAR YOUR SEAT BELT!! It goes without saying that seat belts save lives. Since the modern 3-point seat belt was invented by a Volvo engineer, hundreds of studies have directly linked their use to fatality prevention in car accidents. In Arizona, wearing your seat belt is not only a good idea, it is mandatory by law, and not wearing it can be detrimental to your personal injury case. If you have been in a car accident in Arizona, and have suffered injury as a result, your ability to recover for damages is directly linked to whether you were wearing a seat belt. In Arizona there is a “seat belt defense“, which means if you suffer injuries due to not wearing a properly functioning seat belt, that you would not have suffered had you wore the belt, your recovery for damages resulting from the car accident are limited. It is the burden of the negligent driver to prove that you would not have suffered said injuries had you been wearing your seat belt. If successful, your recovery is drastically reduced. This burden can be very complex. The Arizona car accident victim could have been wearing the seat belt, however, the seat belt failed or did not function properly. This risk is unnecessary and drivers should always buckle up. It is vital to seek proper legal advice when involved in a car accident in Phoenix Arizona. An experienced Arizona car accident lawyer will thoroughly analyze your case to assess fault and damages. Your recovery is directly linked to your ability to prove the negligence of the at fault driver, and your damages for personal injury. Attorney Daniel Marco has practiced personal injury law for 25 years and does not recover a fee unless he wins your case. For a free consultation call (480) 540-3815 or visit www.mmwazlaw.com.
Soft Tissue Injuries in a Car Accident-The painful facts So you’re driving down a beautiful Arizona roadway and suddenly WHAM! (this is not a cheesy reference to the popular 80s group), you are involved in a automobile collision. In the moments after, your shock subsides, your confusion detracts and you regain focus. Then you feel a pain, in your back, in your neck, and in your knee that slammed into the lower center dash. Potential injuries resulting from a car accident can debilitate a person, even from the most minor accident. Unfortunately, most of these symptoms are not detected on X-rays, so just because you do not have a broken bone does not mean you are not injured. In the days that follow the car accident and hospital visit the pain endures and becomes more severe. Likely, you have suffered a soft tissue injury resulting from the car accident. Soft tissue injuries involve trauma to your nerves, muscles, and the tendons and ligaments that connect muscles to bone. The injury results in swelling, bruising and ultimately, pain. Often, these injuries require more proactive treatment and take longer to heal than broken bones. Depending on the severity of the car accident, you may develop one of more of the following symptoms. Ligaments suffer sprains, which are a simple stretch or tear. Tendons and muscles suffer strains, from a simple pull to a severe tear. Treatment depends on the severity of the injury, ranging from R.I.C.E. (rest, ice, compression, elevation) for mild sprains, to surgery for torn ligaments, muscles or tendons. Contusions, from traumatic impact to your ligament, muscle or tendon, result in the collection of blood under the skin, aka bruising. Tendinitis results from the inflammation of the tendon, and breeds swelling, heat, redness and pain. Treatment includes anti-inflammatory medication, steroid injections, and even surgery for severe, persistent tendinitis. Severe tendinitis may result in bursitis, which is a fluid filled sac between the bone and tendon/muscle. Simple, microscopic fractures from the blunt force trauma result in swelling and pain. Whiplash is a common soft tissue injury resulting from a car accident. It is the excessive extension and flexion of the neck soft tissue, which results in small tears in the ligament, muscle or tendon. Whiplash can also damage the disks and joints in the neck and persist for years. Symptoms include neck pain and stiffness, burning, headache, dizziness, and in severe cases, memory loss, fatigue and depression. Typically, treatment involves physical therapy, immobilization of the neck and prescriptions pain relievers/muscle relaxers. After a car accident it is imperative you seek medical attention to explore your injuries. Remember, soft tissue injuries resulting from a car accident are not detected by the naked eye (or even X-ray vision), so monitor your body well in the days that follow. Seek further treatment, and follow doctor’s orders by going to physical therapy, a chiropractor, or getting surgery. To recover damages from the negligent driver who caused the car accident and your soft tissue injury, gather as much information as you can. Take notes of all the facts of the car accident, and keep track of all of your medical records and expenses. Contact an Arizona Personal Injury lawyer to discuss your case. Dan Marco of Mostafavi, Marco & Wimmer offers free consultations to accident victims, call today at (319) 385-7139 or email info@mmwazlaw.com
Arizona Motorcycle Accident Lawyer -who actually rides. Ask anyone who owns a motorcycle in Arizona and they will tell you with great enthusiasm that it was one of their best investments. The constant sunshine, serene landscape and open road create a truly exhilarating experience. Phoenix Arizona Motorcycle Accident lawyer Dan Marco of Mostafavi, Marco & Wimmer has been riding for over 30 years and currently owns a Harley-Davidson Heritage Softail Classic. In his unique perspective as a rider and a lawyer, Dan understands that motorcycle accidents result in tremendous loss for the rider. Furthermore, their lifestyle is jeopardized. Many times these accidents are the result of negligence from another motor vehicle operator, and result in injury or fatality for the rider. Arizona motorcycle ownership has consistently risen from 2005 from 115,867 registered in 2005 to 155,722 in 2010. Unfortunately, the percentage of motorcycle accidents compared to all accidents in Arizona has also risen in those years as well. A majority of motorcycle accidents, approximately 55%, are the result of a collision with a motor vehicle. Furthermore, nearly 71% of motorcycle accidents in Arizona occur during daylight. 4.17% of all motorcycle accidents result in a fatality and 77.96% result in injury. **data from www.azdot.gov. These facts and figures clearly indicate the roads are not safe for Arizona motorcycle operators. Obviously, injury and fatality rates are much higher on motorcycles, due to the instability of the bikes and less protection between the rider and the road. Also, it is much harder for motor vehicle operators to see motorcycle riders due to the size of the bikes. If you have been involved in a motorcycle accident in Arizona it is imperative you take the right steps to ensure you have the best chance to be compensated for your injuries. Here are some tips to remember: 1) If you are injured, call 911 first and get medical attention. 2) Call the police and write down the facts of the accident. 3) Exchange contact and insurance information with the parties involved. 4) Take witness statements. 5) When police arrive, answer all their questions but do not admit fault. Fault in a motorcycle accident hinges on comparative negligence, basically, the percentage of fault for each party involved. It is imperative you know your legal rights and remedies when involved in a motorcycle accident. Medical costs and property damage to the bike are generally higher in motorcycle accidents and you may have a right to recover these damages. Having a lawyer who rides like Dan Marco is a benefit in your motorcycle accident case because he understands the damage to you, your property and your lifestyle. He has helped several riders recover what they deserve and get them back on the road. Call or email us for a free consultation at info@mmwazlaw.com or (480) 540-3815.
Arizona Personal Injury
ARIZONA PERSONAL INJURY The moments after an accident causing personal injury create fear, confusion, stress and a sense of unknown. The fear, confusion and stress set in quickly as you decide whether to stay put or move away from the accident, the police arrive, and then insurance companies call. The unknown lies in the severity of your injuries, at the scene, and after once the adrenaline has subsided. This Arizona personal injury blog is aimed at educating the public based on general personal injury principles. It is imperative that injured Arizona residents educate themselves, because insurance companies are in the business to collect premiums not pay claims. The more you understand, the less likely you will be misled by unscrupulous insurance adjusters, medical insurance underwriters and lawyers. When a personal injury claim is made to an insurance company, the adjuster (and/or jury if it goes to trial) will determine fault, the person who was negligent and caused the accident. If only one person is at fault for the accident causing personal injury that person pays for the damages. What if multiple parties are responsible for the accident? Fault is distributed among the parties, based on the percentage of negligence. I.e. if person A is 30% at fault and person B is 60%, then A pays 30% of the total damages and B 60%. If the person making the claim for personal injury is at fault their recovery is reduced by their percentage of fault. i.e. if the claimant is awarded $10,000, but is 10% at fault, they only get $9,000. Arizona is a “pure comparative negligence” state, meaning an injured Arizona resident may recover damages even if they are 99% at fault for the accident. What should an Arizona injured resident do and not do after the accident causing personal injury? Here is a list of DO’S and DONT’S: 1) DON’T move the cars or tamper with the scene unless your safety is in jeopardy. 2) DO immediately call the police. 3) DO get the other driver’s insurance info. 4) DO write down the license plate of the other vehicle. 5) DON”T make any statements until the police arrive. 6) DO request immediate medical help if you feel in even the slightest need. 7) DO take pictures of your car and the scene. The best time to hire a Arizona personal injury lawyer is immediately after the accident. A good personal injury attorney will build your case because they know the law, they know your rights and they can hire experts to re-create the accident scene, in order to determine fault. The lawyer will use all this information to recover the monies the injured deserves. This is vital because once the insurance adjuster makes their decision, and you feel it is unfair, the only remedy is arbitration, mediation or trial, which is costly. SO TAKE NOTHING FOR GRANTED! What are insurance requirements for Arizona motorists? In Arizona, all drivers must by law have liability insurance. However, a recent Arizona study revealed that only 1/3 of drivers actually carry insurance!! Arizona liability insurance coverage typically covers 15/30/10, which is evidenced on the declaration page. 15/30/10 means that an Arizona driver is covered as follows: 1) $15,000 for bodily injury or death of one person in any one accident, even if death results. (A.R.S. 28-4009 (A) (2) (a)). 2) $30,000 for bodily injury or death of two or more persons in one accident; not to exceed the per-person limits above (A.R.S. 28-4009 (A) (2) (b)). 3) $10,000 for injury to or harm to property of others in one accident (A.R.S. 28-4009 (A) (2) (a)). It is very important to understand that liability coverage protects others, not the driver of the at-fault vehicle. In an Arizona personal injury lawsuit, the injured party may not file a lawsuit against the negligent driver’s insurance carrier. The jury is not even allowed to know that there is insurance coverage available on the defendant! If the jury renders a verdict in excess of the defendant’s liability policy limit, the defendant is then personally liable out of his or her own assets for the additional amount. All this information is quite confusing, so it is imperative that to bring your insurance policy to an experienced Arizona personal injury attorney for review. Arizona personal injury lawyer Dan Marco has represented injured clients in 3 states for over 23 years. Arizona motorist can also carry “uninsured” driver and “underinsured” driver coverage through their own insurance policy. The “uninsured” driver policy protects the Arizona injured against at-fault drivers who are not insured. The insurance company of the injured will pay for damages. Keep in mind that you will need to negotiate a fair settlement because again the insurance company’s main goal is to pay as little as possible. SO DON’T LET YOUR GUARD DOWN! “Underinsured” motorist coverage is for those situations where the at-fault driver has liability insurance, but it is not adequate to compensate you for your injuries. Once the at-fault driver’s liability is exhausted, you then turn to your “underinsured” policy and you may collect up to the limits of the policy. Making a legitimate claim on either policy will not raise your rates, in most cases. A large and cumbersome body of Arizona personal injury case law exists interpreting your rights under this system of insurance. A personal injury lawyer schooled in insurance law, contract interpretation, and personal injury settlements is your best protection against the insurance industry’s trained adjusters. It is a sad but true fact of life. When in doubt, hire the right lawyer. There is also insurance called “collision” coverage. This type of insurance pays for the repair or replacement of your motor vehicle, even if you are the at-fault driver. Even though you have this coverage, you may want to talk to a personal injury lawyer before getting your car fixed. There are many things an experienced Arizona lawyer can learn about the accident and its cause simply by looking at the vehicle. Plus, you may be obliged to preserve evidence of the accident, take photographs or allow for inspection prior to anyone touching the vehicle. Medical payments coverage is an optional insurance policy, again not required by the state, which is a form of health insurance. This coverage is only available to the insured driver (the driver who owns the policy) and any passengers in the insured driver’s car – regardless of fault. This policy will reimburse you for medical bills up to a certain amount, which varies depending on the amount of your coverage. This information is very general, so it is imperative you seek the advice of a seasoned Arizona personal injury lawyer to educate yourself on your rights and remedies. An EXTREMELY important aspect of your Arizona personal injury claim is your care and treatment. Over the last fifteen years, insurance companies have moved away from humans assigning value to injuries. Instead computer programs, like Colossus, are fed information by adjusters and the computer program, not the adjuster, assigns a value to the case. If a fact does not appear in a medical record, it never happened. It is crucial that you seek a medical professional who is familiar with treating Arizona injured victims. Tell your doctor and chiropractor about all your injuries, because they will write it down. Show up to all your therapy sessions and follow your doctor’s orders, even at home therapies. If you skip anything you may lose money. Another advantage to having an Arizona personal injury lawyer is that one familiar with personal injury work will review your medical records and pull from them all of the important diagnoses, facts, and statements. The 2 most important players in your Arizona personal injury claim are YOU and the ADJUSTER. The adjuster processes the claim and ALWAYS protects the interests of the insurance company. They hold the checkbook so cooperate with their legitimate demands. Your key role is to tell the doctor everything, listen to the doctor’s advice and heal as quickly as possible. The insurance adjuster reviews medical records to determine your genuine interest in healing. If recovery takes longer than usual, the adjuster will make note of this and likely reduce your compensation. Here are some other tips to follow: 1) Keep journals of how you’re feeling. 2) Document everything with photos, expenses, statements of lost wages, etc. 3) Do not be shy-list all your injuries, symptoms, feelings, losses and damages. Having an experienced and aggressive Arizona personal injury lawyer really pays off when it comes time to negotiate a settlement. The lawyer will draft a demand letter on your behalf, after you have healed or the doctor says you have achieved “maximum medical improvement”. Included with the letter are the injured person’s bills, medical records, other expenses, photos, journals and other documentation. This is called the “demand package”. The Arizona injured should not make a demand that is too high or too low to show that they are serious. The insurance adjuster will use a program, like “Colossus” to predict what a jury will do, or what other adjusters do, with a claim such as yours. They will look at the force of the impact between the vehicles, the diagnoses of the doctors, the medical bills, whether liability is 100% on their insured or whether you share any of the blame. Based upon this information and the results of the computer program, they will make an offer. The only way to break an impasse in negotiations, at this stage of your case, is to sue the other driver. Due to the time involved, the expense and the emotional toll a lawsuit brings, it is really a last resort, but sometimes unavoidable. No matter who files the claim, if you have followed the advice in this booklet, been realistic, and done all that you can do to document your case, your lawsuit will be on a firm foundation and it will move easier, and faster, through the “system.” In conclusion, always prepare your Arizona personal injury case as if it will go to trial. Follow you doctor’s advice, document everything, communicate with your health providers and stay informed. This will maximize your claim’s value and, hopefully, help you get what you deserve. Call us anytime for a free consultation with Car Accident Laywer Daniel J. Marco at (480) 540-3815.
Arizona Bankruptcy and Personal Injury Lawyers
This blog post is about the creation of the Phoenix Arizona Bankruptcy and Personal Injury Law Firm of Mostafavi, Marco & Wimmer. When I met with Arizona Attorneys Dan Marco and Andrea Wimmer I instantly noticed their sincerty. Initially, we came together because I was interested in selling my Arizona Bankruptcy Law Firm. I had been practicing bankruptcy law for 2.5 years and wanted to move on. Admittedly, I had grown weary of the entire practice. Between witnessing firms treating their bankruptcy clients poorly, to non-attorneys ”practicing” law and filing bankruptcies, and hackers getting my site blacklisted from Google, I had had enough. Also, my first experience with a Arizona Bankruptcy Law Firm was horrible. It was a high volume type firm, and trust me clients paid the price. There were so many ethical issues at the firm, that upon leaving, I was unsure if I even wanted to practice Bankruptcy Law any longer. Thanks to the support of family and friends I decided to open my own Phoenix Arizona Bankruptcy Law Firm and do it my way. My goal then, which still holds true today, was to make myself available to my clients. So I did, and I still do. So why did Dan, Andrea and I decide to merge? Because much to my surprise they were in the exact same boat as me. Both had worked at bigger firms and set out on their own to give clients more. After about 10 meetings with Dan and Andrea, I decided to stay in practice and Marco Wimmer and the Law Office of Kaveh Mostafavi merged into Mostafavi, Marco & Wimmer. Ever since it’s formal inception on October 15th, 2010 Mostafavi, Marco & Wimmer has been a success! Andrea and I practice solely in Chapter 7 and Chapter 13 Bankruptcy. The transition has been great, because we both focus on 2 main objectives when handling cases: 1) Be available to clients and ensure they are fully educated as to their legal rights, case status, and bankruptcy procedure. 2) Process and file perfect bankruptcy petitions and schedules. Andrea and I spend a good portion of our day emailing/calling clients. We both believe that a client must be fully informed of every aspect of their case so that they are 100% confident in us. Tragically, Dan lost his son Zachary Marco, in October 2010. Zach was an ASU honor student, gunned down on the corner of University and Rural, on his way home from the library. Dan’s courage to face his son’s killers and stay relevant in the news (Dan did local and national news/radio interviews day and night) http://www.myfoxphoenix.com/dpp/news/politics/newsmaker_sunday/newsmaker-sunday-father-of-murdered-asu-student-11212010 helped to catch his son’s killers, who robbed Zach for a “laptop and cell phone”. Dan has really been inspirational to many across the state and nation, including myself. Currently, Dan is active in helping other families stricken with similar loss deal with the media, investigations, and funeral costs. His selflessness and determination to help is truly inspiring. Dan possesses the same selflessness and determination in his practice of law. He has been representing injured clients for nearly 24 years. Dan is slowly transitioning back into law, dedicated to helping, and pursuing his son’s legacy (Zach was a pre-law major, attending law school in the fall, and would one day be parnter of the firm). Some believe that when things are meant to be, they just happen. Well I whole-heartedly believe that Dan, Andrea and I were meant to come together. We look forward with great excitement, ready to help Arizona Bankruptcy and Personal Injury clients. -Kaveh Mostfavi, Partner
