Accident Law Group: injury lawyer phoenix

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Friday, June 11, 2021

How Do You Pay for Your Medical Bills After a Car Accident?

After you have been involved in a car accident, you could face a variety of damages, like damages to your vehicle and serious injuries that could take a huge toll on your life. You may be dealing with pain and other symptoms and have already received immediate medical attention right after your accident has happened. One of the most disorienting parts of these cases is that you may end up responsible for your own bills when you can’t receive compensation in a certain amount of time. So who pays the bills and helps you in your time of need after you have sustained serious injuries?

The Defendant’s Role in Playing

You’ve identified the liable party in your accident and now you wonder how you will be compensated. If you get into an accident, you will be responsible for your medical bills until your personal injury case is settled. A party may have even been considered “at fault” for your accident but this does not mean that they will have to pay your medical bills after a car accident on an ongoing basis. This means that a defendant will usually not have to pay your bills as they come in, but instead as damages as a result of your lawsuit.

In some states, there is a “no fault” limit, which can add limitations to your account. You will be responsible for paying bills as they come in after this limit has been met. If you have health insurance, your health insurance will kick in after this amount has been met. If you do not have health insurance and the limit has been met, you will have to figure out another way to pay. If you live in a state that is not “no fault,” then you may be stuck with your medical bills. Arizona is a no fault state, which means that there will be limitations when it comes to your case and damages.

Reimbursement to the Insurance Companies

Let’s say that your insurance company covered your medical bills after a car accident, and then you win your lawsuit, so now the defendant is liable for paying your medical bills. In these cases, you will have to reimburse your insurance company for what they covered when your accident first took place. This means payments for a health insurer, Medicare, Medicaid, or any other entity that played a role in paying for your medical bills in your time of need.

You don’t want to end up on the hook for your medical bills, especially when those bills reach somewhere in the thousands or millions as with the most serious accidents. Because of this, you should speak to an attorney as soon as possible about your case so that you don’t end up in an adverse situation with no way out. At the Accident Law Group, we will play an important role in your case and want to help you gain the compensation you deserve. Call us today at 602-262-4254.

Sources

https://www.dmv.org/insurance/paying-medical-bills-before-receiving-personal-injury-compensation.php

http://www.alllaw.com/articles/nolo/personal-injury/pay-medical-bills-after-accident.html

Contact Us:

Accident Law Group

Phoenix, Arizona

Google Site: https://sites.google.com/view/accident-law-group/home

Official Site: https://www.accidentlawgroup.com/

Here at Accident Law Group, our entire firm handles only accident/injury cases. 100% of our work is building, arguing, and winning injury cases just like yours. It is what our founding partners named the firm, because accidents are all we focus on.

15650 N Black Canyon Highway, Suite B-155, Phoenix, AZ 85053

(602) 262-4254

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Tuesday, March 23, 2021

Dog Bites

In Arizona, the dog’s owner is held responsible for the first bite, no matter the breed. Some common questions include whether a dog gets “one free bite”, whether the dog’s breed matters, or whether the owner had knowledge the dog would bite. In Arizona, the answer to all three questions is “no.” Arizona law provides “[t]he owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner’s knowledge of its viciousness.” Arizona Revised Statute 11-1025 (A).

This type of law is known as ‘strict liability’ meaning the owner’s knowledge or mental state plays no role in deciding his liability (legal responsibility). Thus, if a dog injured you with a bite, it does not matter that the dog never bit anyone before, it does not matter the dog’s breed, and the owner’s knowledge does not matter either. Now, if the owner intentionally made the dog bite you, that is a whole different scenario of intentional torts.

Here, with the common dog bite, the owner will most likely be held responsible for your injury and you should discuss your legal options with an attorney who regularly handles personal injury cases.

In Arizona, the dog owner will not be responsible if the injured person was trespassing or In Arizona, the only defense to a dog bite is that the injured person trespassed, or provoked the dog. The statute discussed above requires the person to be in a “public place or lawfully in or on a private place”. Thus, if you are not lawfully allowed to be where you were bitten, ie trespassing, the dog owner has a valid defense. Arizona law also provides “[p]roof of provocation of the attack by the person injured shall be a defense to the action for damages.”

Arizona Revised Statute 11-1027. Here, the court system determined that the “common law defenses of contributory negligence and assumption of risk superseded.” Massey v. Colaric, 151 Ariz. 65, 725 P.2d 1099 (1986). This means the dog owner cannot argue that the injured person assumed the risk such as coming towards the dog or offering a hand to the dog. The only valid defenses are if the injured person was trespassing or if the dog owner can prove that the injured person provoked the dog. In Arizona, the bite victim has one year to file a lawsuit or settle a claim.

Another question is how much time an injured person has to hold the dog owner responsible. Arizona law provides, “[t]here shall be commenced and prosecuted within one year after the cause of action accrues, and not afterward, the following actions… (5) Upon a liability created by statute. Arizona Revised Statute 12-541. Dog bite liability falls under this time limitation. Thus, an injured person has one year from the day of the bite to either file a lawsuit or settle a claim.

To properly investigate and build your case in this very short time span, you should speak with an attorney who regularly handles personal injury cases.

We hope this brief overview has given you a glimpse into your options after a dog bite. This article is only a starting point, however, and has not discussed many topics such as what money damages to expect, how to find the defendant’s insurance policies or other potential common law actions with a two-year statute of limitations. If you or a loved one is the victim of a dog attack, we advise talking with an experienced personal injury law firm. Call us today at Accident Law Group and sit down with a licensed and experienced personal injury attorney for a free initial consultation.