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AZ Rejects Proposed Change to Settlements in a Personal Injury Claim for a Minor

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Berk Law Group, P.C. Announcement

Settlement of claims of minor | Scottsdale, AZ Personal Injury Attorney | Berk & Moskowitz, PCThe goal of any personal injury claim is recovering damages—the money spent on medical bills, lost wages,  as well as for pain, suffering and emotional distress—for an injured person. When that person is a minor, however, the settlement process can be more burdensome for everyone involved than it is for adults.

Proposed bill, HB 2327, that initially sought to change the procedure for the settlement of claims of a minor if the net amount of the settlement was $10,000 or less, was rewritten when presented to the Governor such that it no longer included the proposed change in procedure for the settlement of such claims for minors and thus did not become law in Arizona.  [Read more…]

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Someone Causes an Accident While Reading Your Text? You Could Be Liable

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Berk Law Group, P.C. Announcement

Distracted driving | Personal Injury Attorneys | Scottsdale, AZWe’ve all seen it: the car weaving in and out of its lane, speeding up or slowing down without warning or reason. More often than not, the driver is texting or talking on the phone, too busy to pay attention to the road.

This is called distracted driving, and it is a deadly problem. Driving while talking on the phone, texting, surfing the web, or doing any other activity that takes your attention away from the road significantly increases your risk of a crash. In fact, thousands of people are injured or killed each year in accidents caused by distracted driving. [Read more…]

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COLLATERAL SOURCE EVIDENCE IN PERSONAL INJURY CASES

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Berk Law Group, P.C. Announcement

Pending before the Arizona Legislature is H.B. 2239, a bill that would allow collateral source evidence to be considered by a jury in all personal injury cases.  Such evidence is already allowed in medical malpractice cases.  Collateral source evidence is evidence of a plaintiff’s recovery from sources other than from the one who caused the accident or injury, such as their own auto or health insurance.  The general rule has historically been that public policy encourages people to insure themselves and that doing so should not be used against them and for the benefit of a person that causes them harm.  If passed, the current version of the bill would: [Read more…]

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THE IMPORTANCE OF UNINSURED AND UNDERINSURED MOTORIST COVERAGE

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Berk Law Group, P.C. Announcement

All too often we are painfully reminded of the importance of carrying appropriate limits for uninsured (“UM”) and underinsured motorist coverage (“UIM”) on your auto insurance policy. As the names imply, these are insurance coverages that you can purchase to protect you in the event that the other driver is not insured or has insufficient insurance to cover your injuries.

Unfortunately, there are too many drivers out there causing horrific accidents and related injuries that have few assets and either have no liability insurance or an insufficient amount of liability insurance to compensate victims for the damage they cause.  If you or a loved one were the victim of such a driver, your recourse may be limited to your own UM or UIM coverage. [Read more…]

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