Drunk Drivers Face Consequences

We all know that drunk driving is against the law. We know there are criminal consequences for choosing to drive while intoxicated. Oftentimes, the drunk driver causes a collision and injures or kills other people on the road. Many times we are retained to represent the victims of a drunk driving accident. We help with the civil penalties for driving drunk.

Recently, we were honored to represent Joe (not the client's real name). Joe was rearended by a drunk driver. Fortunately, his injuries were not life threatening. He was in need of medical treatment and incurred medical bills of $9,000. The insurance company for the drunk driver offered Joe $23,000 to settle his claim. This was an offer inclusive of medical bills, pain and suffering and punitive damages or penalties for driving drunk. Considering the actions of the driver, Brian Warnock did not believe this was fair compensation. Mr. Warnock contacted the insurance company and told them that because of their low offer he was going to file suit against the drunk driver for violating the safety rule of driving while intoxicated. The actions of that drunk driver injured our client and endangered the entire community that day. At the end of the conversation the drunk driver's insurance company paid the full insurance limits of $50,000.

Drunk driving has its consequences.

Not Accepting the Insurer's Evaluation of Damage

It is always a great idea to get second opinions. Everyone knows that this idiom applies well to medical care but it also applies to damage evaluations after a car accident. We have been successful in finding "hidden damage" that the insurance companies do not.

Recently, our client had a Harley Davidson motorcycle with lots of custom work, but it had been in a prior accident and had a salvage title. The insurance adjuster inspected the motorcycle in the client’s garage, and offered $1,100 for repairs. The client took it to a reputable Harley dealer, for a second opinion, and the estimate was $9,600, which pushed it into the total loss category. As a result, the insurer paid the client the full policy limit of $10,000.

Following the crash, this same client was released from the hospital after x-rays with pain medications. When examined by doctors to whom we referred him, for a second opinion, who specialize in accident claims, it was discovered that he had suffered two fractures had been missed in the emergency room: his shoulder and his hip. As a result, this client's "soft tissue" claim with a low value, turned into a policy limits settlement from the at fault insruance company, and policy limits for his own underinsured coverage, resulting in a six figure settlement.

Second opinions pay off.

Scarring Case Results in Large Settlement

Associate attorney James Sparks settled a highly contested case for more than six times the amount of medical bills, due to a significant injury - a deep laceration and scarring to the client’s forehead. The client was driving an old pick up truck, and reported that his head went through the rear window after he was rear-ended. The police report indicated our client’s forehead hit the steering wheel. The negotiations effectively overcame the insurer’s two defense positions that (1) the client was not wearing a seatbelt; or (2) the seatbelt failed and that failure caused the severe injury, as much as or more than the actual impact.

Ladder Flies Off Trailer and Hits Car, Injuring Driver and Passenger

Recently, our firm achieved a large 6 figure settlement for a young boy and his family injured in an auto accident. While driving along safely a ladder on a trailer being towed by the defendant flew off the the trailer and entered into our clients' vehicle causing serious injuries. The defendant blamed the event on a pedestrian crossing the road which caused a sudden emergency situation. There was no confirmation of that there was a pedestrian. Despite this defense, we were able to get the defendant’s significant insurance limits (he had no other assets) as well as those from another driver who subsequently hit our clients' vehicle causing minor damage. In the process we obtained reductions in medical bills of over $500,000 allowing the clients to have recovery for their serious injuries and the long term effects of this terrifying car wreck.

Brian Warnock Gives Some Hope to Tragedy

Brian Warnock recently assisted in a complicated insurance issue. The firm's client was an employee of a large national automobile tire company. During his employment, all employees were offered an increase in life insurance and long-term disability benefits. These benefits did not require a medical examination.

The client applied for $100,000 in life and long term disability but inadvertently made an error in the form, which did not affect his application in a material way. A short time later, our client was diagnosed with Lou Gherig’s disease -- a fatal illness with an often short life expectancy. He checked to be sure his insurance was in place but was advised due to the little error, he had been denied both benefits.

Brian Warnock contacted the insurer and advocated on behalf of our client. As a result, the insurer agreed to provide not only the full life benefits but to provide an advance payment on the life policy of nearly $95,000 as a terminal illness benefit. The long term disability issue continues to be pursued. Congratulations to our client and Mr. Warnock.

A Life Savings Recovered

Jay MacKinlay recently represented an elderly widow, who lost her life savings of $120,000 when her son took advantage of her. The son used the money to purchase property out of state and then claimed he could not repay his mother. Jay represented the widow and, although he had to chase the son to Tennessee to serve him with a lawsuit, he successfully recovered every penny on her behalf. The happy client reported “You came highly recommended and I will continue to recommend you to everyone I know.”

Supreme Court Reaches a Decision in Elder Abuse Case.

Since 2005, Krista Carman has been fighting for justice for Jacob Braden. Jacob, a 19 year old with profound special needs, died as a result of alleged abuse and neglect at the hands of his caregivers and alleged improper placement by the State of Arizona, Department of Developmental Disabilities. The claim against the group home settled the day before trial for a confidential amount.

The State of Arizona, however, was dismissed by the trial judge on the State's motion that argued that the Adult Protective Services Act (for elder abuse prevention) did not apply to the State as it was not specifically listed in the Act as an entity that could be held responsible for the abuse and neglect of vulnerable adults. Krista Carman, Craig Knapp and Scott Boehm appealed to the Court of Appeals. That court agreed with Jacob's legal team and found that the State could be held responsible under the Act.

The State then requested the Arizona Supreme Court review the decision. The Court accepted review. In December 2011, the Court decided against Jacob and found the State did not have any responsbility under the elder abuse. The entire decision can be found by clicking this link and then selecting "Estate of Braden" http://www.azcourts.gov/opinions/2011Opinions.aspx

Krista and the rest of the legal team were extremely distraught at this decision, but proud of how hard they have fought for Jacob's rights. A motion for reconsideration is currently pending before the Arizona Supreme Court.