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Contact Us Today Have you been injured in an accident in Arizona that someone else caused? If so, you may be thinking about filing a personal injury lawsuit to get the compensation you deserve. All personal injury lawsuits in Arizona are subject to a statute of limitations, which is a law that sets strict time limits on certain types of legal action. Contact the legal team at Silkman Law Firm Injury & Accident Lawyer to further discuss the statute of limitations for personal injury lawsuits in Arizona and how it could affect your case. What Is Arizona’s Standard Time Limit to File a Personal Injury Lawsuit? The standard time limit to file personal injury lawsuits in Arizona is outlined in Arizona Revised Statutes § 12-542, which states that a party must bring any personal injury lawsuit within two years after the “cause of action accrues.” So if you wish to file a personal injury lawsuit in Arizona, you must file within two years of the date you suffered the injury. This two-year deadline applies to most types of lawsuits involving injuries “to the person,” including car accidents, product liability cases, and medical malpractice. One major difference however is if your lawsuit will be brought against a government entity (a city, county, or the State of Arizona for example). The statute of limitations for these sorts of cases is much less than two years and requires a “notice of claim” to be filed within 180 days after the cause of action accrues. What Happens If You Miss the Filing Deadline? If you attempt to file a personal injury lawsuit after the standard two-year deadline has passed, the party you are trying to sue can file a motion to dismiss, asking the court to toss out the case because the deadline has passed. Unless there is some specific exception, the judge will likely agree. If this happens, you will lose your right to demand compensation for your injuries and related losses through the civil courts. The personal injury statute of limitations does not apply to filing insurance claims after an injury. However, the statutory filing deadline remains highly relevant to insurance claims during the settlement negotiation phase. Insurance adjusters make settlement offers based on what they believe could happen in court. So if you no longer have the ability to take the other side to court, you will have zero negotiating leverage. This is why it’s important to work with a local personal injury lawyer who can keep your case on track from the beginning. Exceptions to the Statute of Limitations In Arizona Several key exceptions can extend, or toll, the usual two-year deadline on personal injury cases set by the statute of limitations in Arizona, including when: The victim is a minor – If the victim is younger than 18 when the injury occurs, the two-year “clock” won’t begin counting down until they turn 18 and reach legal age. At that point, they can file suit. The injury was hidden – Sometimes, an injury isn’t found as soon as the accident occurs. In these cases, the two-year limit may begin on the day the injury was discovered. The defendant is absent – If the person allegedly responsible for the injury leaves Arizona before the two-year deadline expires, the countdown may be paused for the time they remain out of the state. Contact Silkman Law Firm Injury & Accident Lawyer to File Your Personal Injury Lawsuit If you suspect you have grounds for a personal injury lawsuit in Arizona, don’t hesitate to act. Two years may sound like plenty of time, but it can pass quickly. Contact Silkman Law Firm Injury & Accident Lawyer today to learn more about your legal options in a free initial case review.

Contact Us Today In October of 2016, Tesla CEO Elon Musk announced all of his company’s vehicles would be fully self-driving. For the first half of 2017, Tesla Autopilot 2.0’s over-the-air software updated around every three weeks. Since then, the updates have been sporadic (in October of 2017, it had been nearly five months since the last autopilot update). How these Updates Affect Safety Many of the features from the previous version of ADAS (advanced driver assist system) are still missing. As a result, Tesla vehicles built since October of 2016 lack safety models enabled in older makes. At the beginning of 2017, Musk promised those features would come out soon. They didn’t. The Settlement In April 2017, owners of Tesla’s Model S Sedans and Model X SUVs sued Tesla, alleging their semi-autonomous driver assist system was “essentially unusable and demonstrably dangerous.” Tesla originally called the suit “disingenuous,” “inaccurate,” and “sensationalist.” However, the company came under scrutiny after several fatal crashes involving their autopilot system made headlines. As of May 2018, Tesla settled and has agreed to pay those who purchased the autopilot upgrade between 2016 and 2017 $20-$280. Their spokesperson stated, “…it eventually became clear that it was taking us longer to roll out these features than we would have liked or initially expected. We want to do right by those customers, so…we’ve agreed to compensate customers who purchased Autopilot on Hardware 2 vehicles who had to wait longer than we expected for these features.” Have you or a loved one suffered personal injury involving a Tesla or any other vehicle? Leave your case in Silkman Law Firm Injury & Accident Lawyer's hands. This May 2018, we secured a $100,000 policy limits settlement involving a client who suffered a lumbar herniation and whiplash following a rear-end automobile collision. We’ve fought to receive the best possible results for each of our clients, and your case will be no different. Contact us for a free consultation today.

Contact Us Today No one ever wants to be in any sort of car, motorcycle, or bicycle crash, but if you are, ideally the at-fault driver carries an adequate amount of liability insurance coverage. They cover your expenses, and you don’t pay a dime. Research shows though that 20% of Arizona drivers are uninsured. That’s a 1 in 5 chance of getting into an accident with someone with no insurance. In that case, what do you do? Uninsured Coverage You have the right to add uninsured coverage to your own car insurance policy. This coverage can be used when the at-fault driver doesn’t have any liability coverage, or in unique situations where their auto policy does not cover them even though they were at fault for causing the crash. Uninsured coverage can even be used in hit-and-run situations where you are not sure who the at-fault driver was. When you use your uninsured coverage, it covers the same sorts of expenses you would expect the at-fault driver to cover, such as your medical expenses, lost wages, and pain and suffering. Filing a Lawsuit Unless you live in a no-fault car insurance state, you have the option of filing a lawsuit against the at-fault driver. Arizona is not a no-fault car insurance state. Individuals who attempt to file a lawsuit without an attorney often find themselves at the end of a losing battle. Most people who aren’t insured don’t have much in the way of assets, and there’s no guarantee you’ll be able to collect any money. This is why carrying uninsured coverage as part of your own automobile policy is so important. Hiring an Attorney If you’ve been in a serious accident with an uninsured driver seek an attorney immediately. A good lawyer can obtain necessary evidence related to the collision and your damages, evidence that you may not even know you need. A good injury lawyer will be able to properly negotiate a possible settlement for you. They understand the worth of the case, and how much it will take to fully compensate you for your damages. What to Do Have you been seriously injured in an auto accident involving an uninsured driver? Contact Silkman Law Firm Injury & Accident Lawyer today. We understand your case and will pursue every option available to you so you’re compensated for your losses. Contact us for a free consultation today.

Contact Us Today We can all accept that accidents will happen, and we do our very best to avoid them. Unfortunately, though, we don’t always have control of what happens, and that’s when accidents can be the most tragic. What do you do when you’re out for a drive and you get into a motor-vehicle accident that is clearly not your fault? You may assume that insurance will kick in and cover your medical expenses and property damage; however, it often happens that the at-fault driver is either underinsured or uninsured. What then? The Accident Mr. C, a high-school senior, was driving on a rural highway in Arizona when he was hit. The other driver fell asleep at the wheel, careened across traffic, and collided with Mr. C’s vehicle head on, directly in front of the passenger area of the car, at a speed of approximately 55 mph. Fortunately, there was no doubt that other driver was 100% at fault for falling asleep. What the Law Says The National Highway Traffic Safety Administration estimates an annual 100,000 police-reported crashes are the direct result of driver fatigue, when a driver feels sleepy or actually falls asleep. That number translates to nearly 1,550 deaths and 71,000 injuries, not to mention more than $12 billion in property damage. Keep in mind that these numbers are statistics, since it’s challenging to identify sleepy drivers. While Arizona does not currently have any laws regarding drowsy driving, as driving while fatigued is termed, it is clear that falling asleep at the wheel and being the cause of a motor-vehicle accident is pretty cut and dried when it comes to fault. How Silkman Law Firm Injury & Accident Lawyer Helped Mr. C was severely injured in this accident, accruing hospital bills in excess of $450,000. Automotive insurance only provided $65,000 of coverage—both at-fault liability and underinsured. In addition, the at-fault driver had no personal assets over which to sue. Mr. C and his family carried AHCCS, Arizona’s Medicaid agency, which paid all of his medical bills but also had a lien in the case to reimbursed more than $80,000. All of this meant that there wasn’t enough insurance to go around. The automotive insurance would need to go to AHCCS to cover medical bills, leaving Mr. C owing an additional $15,000. Silkman Law Firm Injury & Accident Lawyer negotiated with AHCCS for nearly eight months on this case, finally settling on an $8,000 payment instead of the initial $80,000. That meant that of the $65,000 in automotive insurance, Mr. C was able to keep a majority of it for himself. Trust Your Professional Phoenix Personal Injury Attorney Even when a situation seems to be simple, there are always nuances and complexities. Instead of risking losing your settlement and even incurring additional expenses, contact Silkman Law Firm Injury & Accident Lawyer or call us at 602.535.5899 today for your free case evaluation. We have the knowledge and experience to ensure that you’ll receive a fair settlement.

Contact Us Today It’s March and here in Phoenix, that means spring training baseball is back. It’s a great time to see your favorite players getting ready for the regular season at a discounted price and in a much smaller setting than at Chase Field. Most people don’t imagine getting hurt at a spring training game, but sometimes injuries happen. Hot dog and beer in hand, you’re sitting on the first base line talking to a friend when a foul ball comes screaming in your direction. Too fast to react, you get hit by the ball. And while this does happen (that’s why stadiums have signs up everywhere warning you of your danger), there’s often very little that can be done about these kinds of injuries. While not a law, there is a rule called the Baseball Rule that says that by attending a baseball game, you’re knowingly putting yourself in danger and assume liabilities for your injuries. In fact, game tickets often have the liability waiver printed right on the back of the tickets you purchase. And while it’s a dramatic type of injury, being struck by the ball or an errant bat, there are much more common injuries that happen at games. Common Spring Training Injuries Here are some of the most common types of injuries that can occur at a spring training (or any sporting event): Spilled food or drink – Games are messy events with food and quick finding itself on the ground as often as into people’s mouths. The venue is responsible for ensuring dangerous messes are dealt with quickly. Wet restroom floors – Just like outside in the concourse, restroom floors often get wet because of overflowing toilets or sinks that have been stopped up. Blocked aisles – One of the more serious dangers are stairs with obstructions down to your seats. If a sizable piece of trash is left in the stairway and you fall because of it, the crash down the cement stairway can cause serious injury. Ultimately, attending a sporting event like a spring training game can be just as dangerous as any other kind of event. And when you’re dealing with a spring training game, it’s more complicated than dealing with a similar type of incident that may occur in regular business like a grocery store. Often times the sporting event venues blend public, private, and even tribal organizations that involve a complex set of issues that need to be addressed for you to get the outcome you deserve. You can’t handle these kinds of issues alone. You need to work with the experienced team at Silkman Law Firm Injury & Accident Lawyer. We will conduct a comprehensive review of your case including incident reports, medical records, and eyewitness accounts. No matter what your injury (even if you got hit by a baseball), contact Silkman Law Firm Injury & Accident Lawyer or call us today at 602.535.5899 for your free case review and find out how we can help you.

Contact Us Today When your child is at school, you rightfully assume the teachers and other staff are watching out for them. Schools are generally safe, but children can suffer injuries when teachers and administrators do not protect the children in their care. If your child was injured at school, you may have legal options for pursuing compensation for the harm they suffered. To learn more about schools' duty to protect children, contact Silkman Law Firm Injury & Accident Lawyer for a free consultation. Common Causes of School Injuries Some of the most common incidents that cause school injuries include the following: School bus accidents Car accidents Pedestrian accidents Slip and fall accidents Sports injuries Playground injuries Bullying and fights among students Food poisoning Exposure to toxic substances Common Types of School Injuries School injuries can be severe, depending on the circumstances. Some common types of injuries that happen at schools are: Lacerations and abrasions Bruises and black eyes Sprains and strains Broken bones Illnesses related to food poisoning or exposure to toxic substances Head injuries Neck and back injuries Traumatic brain injuries (TBIs) Emotional distress and other mental health disorders In Loco Parentis: The Duty Schools Have to Protect Your Children School teachers and administrators are legally obligated to protect students when they are on school property or participating in school-related activities. This duty is called in loco parentis, a Latin phrase that means “in the place of a parent.” Essentially, schools are required to care for students like a parent would anytime students are at school. A school that fails to uphold this duty may be liable for injuries a child suffers on school grounds. What Actions Are Considered to Be Negligent by a School? If a student is injured because a school doesn’t follow standards of care, the school could be considered negligent. Various actions may be deemed to be negligent, including the following: Not fixing broken sidewalks or other hazards on school grounds Incorrectly installing or not maintaining handrails or other safeguards Exposing children to asbestos or other toxic substances Not adequately supervising students Improperly or inadequately training school bus drivers Not preparing or storing food properly to mitigate food-borne illnesses Not maintaining playgrounds or other outdoor equipment Not preparing for emergencies What to Do If Your Child Is Injured at School If your child is injured at school, here is what you should do to protect them and your legal rights: Take pictures of your child’s injuries and, if possible, the scene of the accident Look for eyewitnesses or nearby security cameras that may have captured the incident Take your child to the doctor immediately and make copies of their medical records Contact a personal injury lawyer for help pursuing compensation Contact a Phoenix Personal Injury Lawyer to Demand the Compensation You Deserve If your child was injured at school, you have legal rights that could entitle you to seek the compensation your family needs. The team at Silkman Law Firm Injury & Accident Lawyer can help you pursue justice and accountability. Contact our office today for a free consultation.

Contact Us Today Riding a Valley Metro bus is a great way to travel the greater Phoenix area without having to spend money on gas or sit in traffic jams in your own vehicle. Listen to music or podcasts, read a book or magazine, or get caught up on social media as you travel to your destination. Sounds simple and pleasant but what happens when your Valley Metro bus experience hits a bump in the road? If you or a loved one have been involved in an bus accident injury with a Valley Metro bus, it’s important to seek legal advice immediately. An accident injury involving a bus is complicated at best because you are potentially dealing with a municipality, bus owner, bus driver, insurance companies, and witness accounts of the incident. While you can’t control what others do, you can practice safe travel on your next bus ride with these tips: Avoid playing chicken with a bus. Sounds obvious but if you’re late for work or an appointment, you may try to flag down the bus or step near it in an effort to stop the bus. This can cause the bus driver, other drivers, and pedestrians to get distracted, causing an accident. Use a crosswalk and obey traffic signals. You can’t control what other drivers do but you can control where you’re crossing the street. Be visible and step away from the curb. Buses are heavier than a car, especially when filled with riders. An inexperienced or distracted driver can catch a curb, making it unsafe to be too close to the road. Take a step back; the bus will stop for you. If you drop something as you’re exiting the bus, leave it on the ground until the bus passes. Bending over to pick it up could put you a little closer to the bus than you want to be, causing injuries or worse. Be courteous to the driver and other passengers. A scuffle on the bus can distract the driver and cause an accident. Not to mention it’s just better to be nice to each other. Avoid altercations as best you can. We can’t always avoid an bus accident injury. Other drivers, pedestrians, weather, and the bus driver can each be part of the cause of an accident. If you or a loved one was involved in a Valley Metro bus accident, contact us at the Silkman Law Firm Injury & Accident Lawyer or call 602-535-5899 for a free case review to be sure you’re being properly compensated.

Contact Us Today Sometimes it can seem intimidating working with an attorney to handle your claim for your slip and fall case. It doesn’t have to be. We’ve prepared an outline of things you can expect when working with us. Our goal is to give you the information you need so that we can review your case quickly and deliver the best possible result. When you call us, you can rest assured that you’re calling an experienced team that will listen to your case and outline the best plan of attack for pursuing your claim. 1. Expectation Setting. The initial call or appointment is a free case review to gather information and establish if there is a case for your fall injury. You will talk to an experienced personal injury attorney, not a secretary or a paralegal, and we will spend time gathering the details of your case. After we review these details, we will let you know if you have a case and what the next steps are. 2. Understand fees and expenses. Every case is unique. When we work through your case, we will make sure you understand the potential costs that may be associated with pursuing your claim so that you can make an informed decision. Outside of attorneys’ fees, typical costs can include fees for obtaining medical records, police reports, court filing fees, and fees for expert opinions. These fees are rarely, if ever, out of pocket, but we will still make sure you understand them. 3. Details of the Incident. Location, date, and time of the incident as well as your account of what happened are crucial to understanding your case. We recommend writing your account shortly after the incident, or even taking photos or video if you are able. The longer you go without recording the incident, the fuzzier the events can get. We also work with witnesses to gain a clear understanding of the events. 4. Witness Contact Information. It is important to have witness contact information so we can get their account of the incident. The sooner you call a personal injury lawyer regarding your slip & fall injury with information about the incident, the sooner we can help you get the outcome you deserve. If you or someone you know has experienced a slip and fall, contact Silkman Law Firm Injury & Accident Lawyer or call us at 602-535-5899 for a free case evaluation.

Contact Us Today “I’ve fallen and I can’t get up.” This early 1980’s catchphrase left many laughing at the poor lady lying on the floor. When you slip and fall, it is no laughing matter. Fall injuries hurt. Your body hurts. Your time is impaired. You incur financial losses due to medical bills and time off work. Slip and fall injury situations are typically far from being clear-cut. It’s especially hard if your injury happens at a public venue or at an event. Maybe you even think you’re partially to blame. There is nothing worse than being injured and feeling as if there’s nothing you can do. However, in many situations you do have recourse, especially if you are able to act quickly in preserving the evidence for your case. The question is “Who is responsible?” The answer may not always be simple. Arizona is a pure comparative negligence state. A pure comparative negligence system compensates an injury victim based on the level of fault determined for each party. Through this system, a victim may be able to recover damages even if they were partially to blame for the accident. In Arizona, if an injury case is taken to court, a judge or jury will assign a percentage of guilt to each involved party then award damages for the injured party based on their responsibility. Even if the case is settled outside of court, an insurance adjuster may reduce your compensation if you’re partly at fault. For example, your neighbor owns a house with a backyard pool. The pool has a slide and the neighbor invites your family over to swim. Both your child and the neighbor’s climb up the pool’s slide. Suddenly, the slide breaks underneath them and your child suffers severe injuries. You pursue compensation for your child’s medical bills, pain and suffering. Your neighbor pushes blame to the slide’s manufacturer, as the slide should not have broken. But the manufacturer points out that the slide includes a warning label that states a specific weight limit and for only one person to use the slide at a time. Eventually, your neighbor’s fault is calculated at 60%, the manufacturer’s fault is determined to be 20%, and your fault is set for the additional 20% due to being a willing participant at the home and not heeding the label warnings. If your total compensation for the accident was $25,000, by the pure comparative negligence rule you’d potentially have $20,000 in damages awarded to you, the total minus the $5,000 that represents your percentage of fault. Any negligence claim looks at the actions of all involved parties. Did the owner of the premises act reasonably? Did the owner or an employee know previously of the dangerous situation and do nothing about it? Should they have known about it? Did the claimant take reasonable effort to anticipate the danger? Were there any obvious warnings? Was the claimant distracted or acting in a careless manner that may have made the fall more likely? The factors of each situation can determine the outcome of an injury claim. If you’ve been injured, don’t try to determine fault yourself. You need to contact Silkman Law Firm Injury & Accident Lawyer or call at 602-535-5899 for a free case evaluation.

Contact Us Today Dog bites account for $1 billion of insurance claims each year in the United States. If you’ve been injured by a dog bite, you know little bites can equal big bills especially if the dog owner doesn’t want to cooperate with you in getting their insurance to cover the costs of your injury. More than likely, your insurance won’t cover a dog bite or other animal bite. It’s the responsibility of the animal’s owner. When the owner won’t cooperate to settle a claim, it’s time to call a dog bite lawyer like Silkman Law Firm Injury & Accident Lawyer. What are the costs of a dog bite? The cost of even the smallest dog bite can be higher than you think. . Cost include treatment of injuries such as: Abrasions Lacerations Tissue damage or loss Broken bones Scars Rabies Tetanus Post-traumatic stress disorder Anxiety Not only can injury cost you in medical claims, you may have a fear of dogs that lasts longer than a cut on your leg or arm. That’s emotional damage caused by a dog bite and you should be compensated. What do you do right after a dog bite? Because dog bite claims can be complicated, it’s important to gather information from the moment the incident occurs. If the owner is present, exchange contact information. Stay calm and get away from the animal. Assess your injuries. Seek medical attention. Take picture of injuries. Consider contacting your insurance company to see what, if any, part of the claim they will pay and contact a trusted dog bite lawyer like Silkman Law Firm Injury & Accident Lawyer. How will my dog bite claim be handled? Our team of experts will work with you to handle your claim in a timely fashion. We will gather information regarding your case including looking into the dog’s behavior history, reviewing where the accident took place, and talking to the pet’s owner and other witnesses about the incident. If you’ve been injured by a dog bite and are wondering if you need a dog bite lawyer, contact Silkman Law Firm Injury & Accident Lawyer or call us at 602-535-5899 today for a free case evaluation.