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When you or a loved one suffer a serious or catastrophic personal injury - or death - because of another's negligence, you or your survivors are usually entitled to recover money "damages" from the wrongdoer. It is our job at The Watkin Law Office to see that you recover the maximum amount of money possible, as quickly as possible. If you need an excellent Arizona personal injury or wrongful death lawyer, look no further. Here are some examples of the claims we handle: Motor Vehicle Accidents - Semis, Cars, Motorcycles, Boats Every day horrendous motor vehicle crashes occur in which operators, passengers, pedestrians and even bystanders suffer serious injuries and death because of the negligence or recklessness of another driver. The majority of motor vehicle cases involve at least one passenger car or truck, but some of the worst involve semi-trucks, motorcycles and bicycles. Of course, motor boats, personal watercraft, go-peds and scooters are involved, too. Bicycle and Motorcycle Accidents Clark Watkin is a avid bicyclist and motorcyclist. He has competed in off-road motorcycle racing, as well as road and mountain biking competitions since the late 1980's. He understands both the pleasures that come from riding and the inherent risks of injury. However, while we riders might be willing risk "hurting ourselves," we do NOT assume the risk of somebody else hurting us! Unfortunately, the reality is that there are many drivers and even other riders out there who create unnecessary, unreasonable and often illegal dangers for those of us who ride. If you or someone you know has been injured while motorcycling or bicycling, you need to find a good personal injury attorney. Contact The Watkin Law Office and speak to somebody who understands, and who cares. Construction Accidents, Construction Defects, OSHA Violations Our construction-related cases have included serious injuries and death to the construction workers/employees on site, as well as injuries sustained by non-workers. On virtually every commercial construction project, there is an Owner, General Contractor and one or more subcontractors. In Arizona, each of them has a "standard of care" which they must provide, either to their own workers, somebody else's workers, private citizens, or all (or some) of the above. The general contractor and the subcontractors and independent contractors also have the responsibility to provide workers compensation coverage for their employees. And perhaps most important, each of them must follow the particular rules and regulations imposed by the federal and state OSHA safety regulations, such as providing adequate "fall protection." Even when a worker is covered by workman's compensation insurance, he may still be able to bring a claim if his injuries or death were caused by a third-party. All of these situations require thorough investigation and analysis by a competent personal injury/wrongful death lawyer before they are pursued (or rejected). Premises Liability Claims - improper security, sexual assaults, dog bites, dram shop, etc. When property owners or their tenants (private or commercial) fail to exercise reasonable care for the safety of a person lawfully on their property; and that person is injured or killed because of that failure, then a "premises liability" claim may be appropriate. Such claims can be wide-ranging and include: drowning in an un-fenced pool, carbon monoxide poisoning from faulty furnaces and boilers, electrocution, dog bites and other animal-inflicted injuries, physical and sexual assaults where there is inadequate security or improper lighting, falls down unsafe stairways or elevator shafts, falls into construction trenches, falls in hotel showers; injuries caused by objects falling from store shelves; and dram shop claims, where the property owner is liable for "over-serving" alcohol to his guests or patrons. In any one of these situations, catastrophic injury or death can result, even when the victim is completely "innocent" of any wrongdoing or negligence of his own. Ironically, these claims often arise among friends, relatives or regular customers -- good examples of why all of us should have plenty of homeowner's insurance. From General Negligence to Medical Malpractice While everyone recognizes that "we all make mistakes," it still surprises some people to learn that Doctors, Hospitals and other "important people" also make mistakes. Just ask the Vice President's hunting companion! The truth is, that in addition to the countless examples of negligence committed by "regular" people on an hourly basis, the number of doctor and hospital patients that are injured or die each year because of negligent medical care is simply mind-boggling. Regardless of whether you or a loved one have been injured by the negligence of an average Joe or by the negligent care, neglect or abandonment of a doctor, nurse, pharmacist or hospital, please contact The Watkin Law Office. Free Consultations -- No Fee Without A Recovery! Using the latest technology and a network of skilled professional colleagues in Arizona, Nevada, Utah, Wyoming, Montana and other jurisdictions, The Watkin Law Office is capable of handling even large scale multi-party claims. Potential clients are encouraged to contact the office for a no-obligation, no-charge consultation. Since is is impossible to address and answer all questions potential clients might have concerning their situations, we have presented in the following section some of the more "frequently asked questions" about Wrongful Death and Personal Injury claims. In principal, these basic questions and answers will apply to most types of injury or death claims that arise from negligence.
Important Points: Injured clients who are not, themselves, primarily at fault are entitled to recover money "damages" for the following: (a) past medical bills; (b) future medical bills; (c) lost wages or past income; (d) future lost wages or income; (e) past pain; (f) future pain; (g) past suffering; (h) future suffering, including damages for disfigurement, disability and anxiety experienced as a result of the injury; (i) loss of companionship or consortium; and (j) incidental expenses (e.g., reasonable auto rental charges, towing, storage, etc.) Pain and suffering are actually two separate elements of damages. Pain is the physical sensation experienced as a result of an injury (or the corrective surgery or therapy to treat that injury). Suffering includes the emotional and mental aspects of that pain. Together, damages for the client's bodily and/or emotional injuries, including the actual pain and the mental suffering, are often the most significant element of the client's total damage claim. But these damages are often difficult to quantify and prove. Doctor and hospital records, and the testimony of treating health care providers are among the best means of proving damages for pain. Therefore, the client needs to know that obtaining treatment from the most competent and respected physicians in their given fields will add credibility and (usually) real value to their case. Clients should treat with the best doctors and always clearly communicate to them the full extent of the symptoms suffered since the injury. Post-injury and post-operative photographs another method of providing solid tangible evidence to support a damage claim for pain. Suffering, which is equally difficult to define in objective, measurable terms a jury or insurance adjuster will understand, is frequently demonstrated by the "before and after" comparison of the client's activities and lifestyle. If you have been injured by the negligence or recklessness of another person, please talk to your lawyer before speaking to insurance investigators or adjusters, and before giving any sort of written or recorded statement to anyone. Also, seek out the right medical specialists as early as possible. Many health care providers are willing to provide care and wait for payment until you settle your claim. We will identify all possible insurance from which to obtain recovery and fully investigate your claim. Personal injury claims are resolved through settlement, mediation, arbitration or trial. We have successfully represented victims in each of these. If you or a loved one have been seriously injured or killed, call 480.281.3838 or email: watkin@watkinlaw.com. We can help! (These matters are typically handled on a "contingent" or percentage-fee basis; there is no charge for initial phone consultations; and clients pay no attorneys' fees until there is a settlement or recovery.)
Frequently Asked Questions:
How much is my personal injury claim worth?That will depend on the severity of your injuries, and many additional factors. Assuming we can prove the other party was at fault (or mostly at fault) and that his or her wrongdoing caused your injuries, we will then focus on what your case is worth. That will be a function of the exact nature of your injuries, the estimated total cost of your past and future medical treatment, and any economic losses you suffered, including time away from work. Obviously, cases involving death, permanent paralysis, permanent disability and the need for lifetime medical care present different considerations than claims for broken bones, cuts or other types of "healing" injuries where the client is fortunate enough to - eventually - return to "normal," such as work, school or retirement. In any event, at your first appointment, I will review the details of your case and perhaps give you a rough estimate of the value of your claim. We will be in a much better position to estimate that value once you have completed your medical treatment and your condition has stabilized. Back to Top
What if the negligent party has no insurance? Or not enough?We will investigate all available sources from which to recover your damages. Those sources might include not only liability insurance, medical payments coverage and the negligent party's personal assets, but even your own insurance. For example, in motor vehicle cases, the party at fault is often completely uninsured or woefully “underinsured,” meaning the value of your claim exceeds the amount of auto insurance coverage he carries. In such cases, we may be able to collect the value of your claim from your own insurance company. If your own auto policy includes provisions for uninsured or underinsured drivers, then your own insurance company must pay the value of your claim in accordance with the provisions of the policy. Back to Top
Should I speak with the other party’s insurance company?Should you? No. If you have not already done so, it is generally best not to discuss your case with anyone other than someone from The Watkin Law Office (and your treating physicians.) Statements that you make to others are not privileged and they may (will) be used against you to reduce the value of your claim. Please, just let us communicate with the insurance companies. After all, that is one of the reasons you are hiring us. On the other hand, if you have already spoken with the other party’s adjuster, be sure whatever you told the adjuster was 100% accurate, and also remember to tell us of that conversation so that we may obtain copies of any written or recorded statements given to the adjuster. Back to Top
Can I handle a personal injury or malpractice claim myself?The size and types of cases we handle require the knowledge and expertise of an attorney to investigate the claim, interview the witnesses, obtain the medical records and reports, preserve the evidence, negotiate with insurance companies, handle negotiations, phone calls, meetings, paperwork, etc. Unfortunately, many people wait too long before seeking counsel. We often hear: “Gosh, I kept hoping the adjuster would just treat me fairly [and that I wouldn’t have to give any of it to an attorney....]” These expectations and concerns often lead to problems: people miss the statutory deadlines for filing their claims; they commit themselves to “positions” not always in their best interests; they learn (too late) they have overlooked or lost valuable evidence or opportunities; and they end up bringing their attorney (whom they now desperately need) much less to work with than if they had simply gone to him or her in the first place. Back to Top
How soon will my case be settled?The process of negotiating settlements with insurance companies usually does not begin until after you have completed all of your medical treatment and we have obtained all of the records needed to document your injuries and losses. Many cases do settle during negotiations with insurance companies, but this process is often time consuming. Sometimes it is necessary to file a lawsuit if your case cannot be settled. We will keep you updated on the status of negotiations throughout your case. Back to Top
What is a "Wrongful Death" claim?In Arizona, if a person dies as the result of another person’s wrongful conduct, whether that conduct was negligent or intentional, the decedent’s surviving spouse, children and/or parents may file a claim to compensate them for the losses they sustained as the result of the wrongful death of their family member. Almost any type of conduct that leads to another person's death can be grounds for a wrongful death action. Motor vehicle crashes, construction site accidents and medical malpractice are just a few examples.Back to Top
What is meant by “comparative fault?” Sometimes an "accident" has been caused by more than one person. In fact, in many situations, the victim is himself partly to blame for his injuries. Arizona law provides that judges or juries in personal injury and wrongful death cases may determine just how much each party was at fault. Let's use the example of a car striking a pedestrian. If you, the pedestrian, were lawfully crossing the street in a marked crosswalk, with a green light, and a driver ran a red light and slammed into you, the driver would almost certainly be considered 100% at fault. In contrast the case of two motor vehicles where another driver pulls out in front of you, causing a collision. Although a jury might find the other driver 80% at fault for failing to yield, it might find you 20% to blame, perhaps because you were speeding! Under that scenario, the defendant would still have to pay you 80% of the total value of your claim. This same comparative analysis is used by juries to determine their awards in all types of negligence cases. The bottom line is: even if you are partially at fault, you may still be entitled to recover a substantial portion of the total value of your claim.
What about closed head injuries? Closed head injury cases sometimes occur. They may begin as a simple "whiplash" case, with neck and back injuries, or where the client has fallen or been struck by a falling object, followed by a brief “blackout.” Many emergency room doctors and treating physicians fail to properly diagnose or treat such injuries. They are difficult to diagnose because symptoms of injury in one person may not constitute symptoms of injury in another. Most insurance adjusters and jurors do not realize how sensitive the head and brain can actually be; yet, even a relatively minor trauma to the head can force the brain to come into contact with the bony interior surface of the skull and cause microscopic hemorrhaging to the brain, regardless of the force of the blow to the head. Collisions at speeds as low as eight miles per hour can generate five times the force of gravity on a patient’s head. This amount of force has been shown to produce injury to the brain stem, cerebral concussion, and cranial nerve stretch in 50% of experimental subjects. In reality, most cases of rear-end collisions result from incidents involving vehicles traveling well in excess of eight miles per hour. The greater the speed of the vehicles at the time of the collision, the greater the possibility of damage to the central nervous system and to the peripheral auditory and vestibular symptoms in such cases. If a client suspects he or she has sustained a minor closed head injury, they should ask the treating physician to refer them to a neuropsychologist. Neuropsychology is a specialty that attempts to define anatomical closed head injuries. The neuropsychologist looks for changes in behavior, memory, and other emotional components in diagnosing and prescribing treatment for the patient. Clients get frustrated because they know something is wrong with them but cannot put their finger on it. They complain that things are “different” since the accident. The client may be abnormally aggressive and lack patience since the accident; he may develop memory problems; depression; dizziness; lack of concentration, anxiety, lack of interest in sexual activity, change in sleeping habits, and other symptoms. In such cases, it is imperative that the client and family members, such as spouse, keep accurate records of how the injury affected the client’s day-to-day behavior. The most important documentation is the so-called “before and after” aspects of the injury. Each year, hundreds of thousands of people are hospitalized from minor head injuries. Half of these people suffer what is called “post traumatic or post concussion syndrome." Unfortunately, some of these people lose their jobs because of subtle changes in their behavior that makes them appear to be malingering.
Can my own health insurance pay for my medical treatment? Yes. Your number one goal should be to get proper care; that is why you have health insurance. Use it. Your rights to recover damages for injuries suffered as the result of another person’s negligence are not affected by any payments made by your health insurance. If you eventually settle your claim and recover damages from the wrongdoer, your health insurer might be able to file a lien against your settlement, seeking reimbursement of the payments it made for your health care; but at least you will have received the medical treatment you needed, and any reimbursement will not come out of your own pocket.
What can I do – to help you help me? First (and always), be open and honest with us and tell us everything, regardless of whether you think it may help or hurt your claim. Second, follow your doctors’ orders! You deserve to be returned to good health, if at all possible; but that will only happen if you do your part. Let us handle the legal issues, while you and your doctors work on the health concerns. Third, compile all important documentation, including medical records, medical bills, prescription records, and lost wage information. Fourth, take photos! Pictures of your injuries, bruises and scars will help us prove damages related to your injuries and medical treatment, pain and suffering. Likewise, photos of vehicle damage and the accident scene (including skid marks) might show not only the force of the impact and the extent of the property damage, but perhaps even confirm who was at fault. Obviously, the timing of these photographs is critical. Wounds heal, cars get repaired, skid marks fade away, and other critical evidence may get lost or destroyed.
What other types of injury and death cases does The Watkin Law Office handle? The old saying, that "accidents happen," is certainly true. Most people die from old age or disease, not because of another person's negligence. The same is probably true for most injuries. Yet, on any given day there are thousands of people injured and killed, in thousands of different ways, all because of other people's negligence. Motor vehicle, construction, medical malpractice and premises liability cases are the types of cases people hear about most often. We handle all of them. We also deal with the victims of dog bites, houseboat carbon monoxide poisonings, OSHA violations, and other instances of serious injury and death. We handle work-related injuries caused by dangerous work environments and third-parties (including co-workers). Construction site accidents are another example and often result in serious injury or death. There are countless combinations and variations of negligence, often by multiple parties, that can contribute to serious injury. Our job is to figure out what happened, why it happened, whether it could and should have been avoided, who is at fault, and the extent of damages to which our client is entitled. Call us. We will talk about it.
What is Watkin Law's fee for handling my personal injury or wrongful death claim?Our firm accepts personal injury and wrongful death cases on a contingency fee basis. That means we only collect a fee when money is recovered on your behalf. Here is an example based on a claim for personal injuries sustained in a motor vehicle collision. Let's assume we take the case on a one-third contingency fee. That means our fee is 33 ⅓ % of the total amount recovered, plus any costs incurred or advanced on your behalf. Let's say we expend $4,000 in out-of-pocket expenses for experts, deposition transcripts, reports, medical records, filing fees, etc. If we ultimately recover $90,000 in total damages for your claim, our attorneys' fee would be $30,000, plus the $4,000 in costs. Assuming there are no medical liens or similar obligations owed by you, you receive a check from us for $56,000 (i.e., $90,000 - $30,000 - $4,000 = $56,000.) Keep in mind, costs are separate from attorney's fees, and you will remain responsible for paying these costs, regardless of the outcome of your claim. Our contingent fees are sometimes higher than one-third. We sometimes provide for an increased percentage in the event formal litigation is filed and the case is actually set for trial. Similarly, percentages for wrongful death claims are generally higher than for motor vehicle claims, particularly when they necessitate additional procedures, such as the filing of probate actions. Back to Top
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