Whether you saw the cause of the fall or not, the defense in personal injury claims will always have a seemingly valid argument that you are at fault, not the insurance company. For this reason, it is essential that you hire a Phoenix personal injury attorney that is talented, experienced and aggressive to handle your personal injury claim. When speaking with your Phoenix personal injury attorney, it is very important that you establish what the cause of your fall was and be able to prove evidence of actual or constructive knowledge on the defendant’s part. A typical argument by the defendant is that the condition was not dangerous, was open and obvious, or that the owner or person in control of the property acted reasonably in attempting to safeguard the condition.

Experienced Phoenix personal injury attorneys understand the tactics of defendants in personal injury claims, and have the skills, talent and resources to build cases that prove the existence of dangerous conditions, weakening or completely dismantling any arguments of the defense. At Simon Law Group, we have numerous experts who can assist in working up or preparing a premises liability case to take to court. We work with human factors experts that issue observation to determine whether or not the condition was open and obvious, as well as architects and engineers depending upon the type of defective condition being argued. No matter what the situation, we are confident in our abilities to build a strong case for your personal injury claim. For more information on how our Phoenix personal injury attorneys can help you, please call Simon Law Group at 480-745-2450 or contact us online.

One of the first studies to also identify rides from arcades and shopping malls. Children injured on “mall rides” tended to be young. Body areas most frequently injured were the head and neck.

Most amusement ride injuries happen during the summer — but not just at carnivals and theme parks, according to a new study.

Nearly 93,000 children under 18 injured on rides were treated in U.S. emergency rooms from 1990 to 2010, and 11,000 of those injuries involved rides at local malls, restaurants and arcades, says the study, released Wednesday in the journal Clinical Pediatrics.

Among the rides studied were roller coasters, bumper cars, merry-go-rounds, log flumes, mini-trains, and coin operated rides, but not inflatable bouncers, ball pits, slides or go-carts, among others.

Theme parks and other amusement parks with fixed-site rides accounted for 34% of the injuries; 29% occurred at carnivals, festivals and other temporary locations. A quarter of the cases didn’t have enough information to be accurately categorized.

But about 12% happened on rides in smaller locations, such as malls, restaurants and arcades.

This is one of the first studies “to identify the rides you encounter in arcades and shopping malls as being an important source of injury,” said Gary Smith, senior author of the paper and director of the Center of Injury Research and Policy at Nationwide Children’s Hospital in Columbus, Ohio.

His team analyzed all pediatric amusement-ride injury data collected from U.S. emergency departments by the National Electronic Injury Surveillance System (NEISS).

Overall, the percentage of amusement-ride injuries requiring hospitalization or observation is less than 2%, and “that’s absolutely good new news,” Smith said. “It tells us the number of serious injuries requiring hospitalization is low.”

Children injured on “mall rides” tended to be young, and were more likely to suffer head/neck or face injuries, concussions or cuts, compared to injuries from theme park or carnival rides; 73% of “mall ride” injuries occurred when a child fell in, on, off or against the ride.

These injuries suggest the rides “may not have had restraints to (secure) the child and they may have been located over hard, unpadded surfaces,” Smith said. The design of the study did not provide that level of detail, he says, “but it’s certainly something that warrants more study to find out ways we can prevent these injuries.”

The U.S. Consumer Product Safety Commission, which operates the injury surveillance system, has safety enforcement jurisdiction over mobile-site rides like those at temporary carnivals, but fixed-site rides are regulated by state or local governments.

A bill first introduced in 2007 by Rep. Edward Markey, D-Mass., would give federal oversight to all rides, but it has not been passed.

Colleen Mangone, spokeswoman for the International Association of Amusement Parks and Attractions, an industry group, said it is reviewing the report. But “safety is the amusement park industry’s No. 1 priority,” she added. “Injuries are rare, especially in the context of the tremendous number of rides given each year.”

Mangone cited industry statistics that 300 million people visit the USA’s approximately 400 fixed-site amusement parks and theme parks a year, with 3 million injuries reported in 2011. “The likelihood of being seriously injured (defined as requiring overnight hospitalization) on a permanently located amusement park ride in the U.S. is 1 in 24 million,” she said.

Among other study findings:

• 70% of injuries occurred from May to September, with an average of 20 injuries a day during these months.

• The injury rate declined from 8.79 per 100,000 in 1991 to 4.41 per 100,000 in 2003.

• More girls were injured than boys (56% vs. 45%)

• Body areas most frequently injured were the head and neck (28%); arms (24%); face (18%); legs (17%)

TIPS FOR STAYING SAFE

The Center of Injury Research and Policy at Nationwide Children’s Hospital suggests these tips for keeping your child safe on amusement rides:

• Always follow all posted height, age, weight and health restrictions.

• Follow special seating order and/or loading instructions.

• Always use safety equipment such as seat belts and safety bars.

• Keep hands and feet inside the ride at all times.

• Know your child. If you don’t think he/she will be able to follow the rules, keep him/her off the ride.

•Trust your instincts. If you are worried about the safety of the ride, choose a different activity.

• Avoid “mall rides” if they are on hard, unpadded surfaces or if they don’t have a child restraint such as a seat belt.

While surveillance is allowed to be used as evidence against those that have filed personal injury claims, the surveillance must only be taken in public areas. Investigators are required to operate under the laws regarding individual privacy; therefore, insurance companies will be in violation if they take surveillance inside a person’s home or record their personal phone conversations. Other than these basic privacy laws, there is very little protection available if you are an individual that has gone through the process of filing a personal injury claim with your insurance company.

If you have filed a personal injury claim, it is important to understand that investigators may be following you. It is very likely that these investigators will compile a video that contains only clips that help the insurance companies, even if there is evidence available that actually helps you. There is not a lot you can do about this, so you should just act as normally as possible, completing all daily activities that your injury allows. As long as you follow the recommendations given to you by your doctor in your everyday activities, insurance companies will not have very much against you in a personal injury claim.

At Simon Law Group, our aggressive Scottsdale personal injury attorney is very diligent in obtaining all video and audio recordings, activity logs and correspondence between investigators and insurance companies or their attorneys.  We also will seek any and all editing evidence as often times investigators edit the video or audio recordings that are turned over to the attorney representing the injured party.  Call Simon Law Group at 480-745-2450 to schedule a free initial consultation with an experienced trial attorney or contact us online for more information on filing a personal injury claim.

For those that choose to work with a Phoenix tort lawyer to file a lawsuit, the probability that the court will rule in their favor is rather high because insurance companies aren’t looked at in a positive light by most Americans. According to a recent national telephone survey conducted by the Defense Research Institute (DRI), more than half the individuals surveyed indicated they would favor an individual in a lawsuit against an insurance company.  The DRI found 59% indicated that they would side with the plaintiff over an insurance company, while 21% said they would favor the insurance company.  Further, nearly 20% believe they could be impartial.

With this information, you should feel less intimidated taking on your insurance company if you believe they are in the wrong in regards to your policy. The first step is to consult with a Phoenix tort lawyer who can help you determine the next steps should he or she feel that you have a legitimate case. When it comes to filing a lawsuit, your Phoenix tort lawyer will review two options:

• Breach of Contract. With this type of lawsuit, you and your Phoenix tort lawyer must thoroughly review the terms of your policy and prove that these terms were not honored by your insurance company. While breaches of contract are easier to prove, they do come with a smaller reward than the other option because most states limit damages to the value of the contract itself. This means that the most you can be awarded is the amount you should have received from filing a personal injury claim to begin with. In some cases, courts also grant consequential damages and attorney’s fees.
• Bad Faith. With this type of lawsuit, there are a variety of damages that can be included in addition to breaches of contract, such as mental or emotional stress and punitive damages. While these types of lawsuits present a high danger for insurance companies due to the larger amounts of money that can be rewarded, bad faith lawsuits are much more difficult to prove. You must go above simply proving that coverage was wrongfully denied, and show the court that the company was purposely acting in a deceptive way.

To determine which suit is appropriate for your case, consult with a Scottsdale tort lawyer. He or she will be able to recommend the suit that you are more likely to win with the highest possible award.

If you believe that you have been wronged by your insurance company through filing a personal injury claim and receiving a false denial, it is important to consult with a Phoenix tort lawyer to explore your options. With almost three decades of experience, the Phoenix tort lawyers at Simon Law Group have successfully represented hundreds of individuals against insurance companies and other organizations. Our talented Phoenix tort lawyers can help you to file a suit and prepare a strong case against your insurance company. If you are interested in scheduling a free consultation with a Phoenix tort lawyer, please call Simon Law Group today at 480-745-2450 or contact us online.

Courts almost never grant spouses equal ownership of a business, so the valuation is extremely important. One spouse will typically retain ownership of the business while the other non-participating spouse must be bought out. A valuation will also determine the income of the business. This influences how much the business owner may have to pay in spousal maintenance to the non-participating spouse in accordance with Arizona divorce laws. Therefore, it is in the interest of both parties to work with a talented Phoenix divorce attorney at Simon Law Group to receive an accurate business valuation.

When performing a business valuation, experts are able to use various approaches, including an asset approach, an earning approach and a market approach. There are a number of different approaches because businesses involve a variety of assets and countless other factors that may come into play. Experts may analyze such data as the tangible and intangible business assets, how the business is expected to perform in future years, the state of the economy, the state of the industry as a whole and the ability to access capital for continued or expanded operations. Depending on the approach, the business may be valued at a significantly lower or higher number. For this reason, spouses often arrive at very different business valuations. It is the responsibility of the court to determine which expert report is most accurate.

One of the most recent examples of the complexities of business valuation in a divorce proceeding is in the case of Walsh v. Walsh, 2012 Ariz. App. 160. In this case, the Arizona Court of Appeals ruled that valuing professional practice good will is the “most intangible of intangibles”, and overturned the trial court’s ruling. The trial court accepted the husband’s expert valuation of his interest in a national law practice to the $140,000 return of capital, as per the firm’s stock redemption agreement.  The wife’s expert meanwhile used a capitalization of earning approach, and said that his interest was closer to $1.3 million, including goodwill.

The Appellate Court ruled the trial judge’s decision was wrong, indicating that value does not have to be realizable, meaning something “that can be bought and sold on the open market.”  The Court went on to state that goodwill cannot include a professional’s future earning capacity, per se, but only its enhancement through reputation, client patronage and the firm’s platform. The case was sent back to the trial court for reconsideration of the value of husband’s interest in the law firm under its broad equitable standard.

As you can see, the business valuation in a divorce proceeding is a complicated matter. To make sure that you are handling your case in the best way possible, it is important that you select an experienced Phoenix divorce attorney that understands the business valuation process.

At Simon Law Group, our Phoenix divorce attorney and staff are well versed in divorce law. With nearly three decades of experience, Simon Law group has represented hundreds of clients in divorce proceedings, including those spouses that have a shared business interest. If you are in need of representation, consider the expert Phoenix divorce attorney at Simon Law Group. To learn more about business valuations and divorce proceedings, we offer clients a free consultation with a Phoenix divorce attorney. For more information, please call Simon Law Group at 480-745-2450 or contact us online today.

The following is a list of some of the most common reasons individuals file personal injury claim with a Phoenix personal injury attorney:

• Infections
• Unnecessary surgery
• Negative personal effects from prescribed medication (non-error)
• Medication errors while under professional medical care

For those that receive injuries or have loved ones that are victims of medical malpractice, it’s important that they receive the opportunity to have their case heard. A new law being introduced by Representative Bob Thorp seeks to reduce the number of medical malpractice suits coming through the court system, taking away these vital opportunities for many victims.

The proposed law would prevent lawyers from filing a personal injury claim unless they were certified by the State Supreme Court as a “medical malpractice” attorney.  This is an effort by Representative Thorp to cut down on what he believes are increasing medical malpractice lawsuits.  House Bill 2465 does not define the certifications to be considered a medical malpractice attorney, leaving the details up to the Arizona Supreme Court.

The bill would also require medical malpractice lawsuits to be heard only by judges who have also been through specialized training in medical negligence cases.  There is no other similar requirement existing now or proposed by anyone regarding a particular type of lawsuit.  Further, Representative Thorp provides no support that such lawsuits, in anyway, impact healthcare costs.

House Bill 2465 is seeking to curb the number of personal injury claims and other medical malpractice lawsuits heard by our courts by imposing unnecessary malpractice certifications on both attorneys and judges. If you have an opinion on this proposed legislation, please contact your representative and make your voice heard.

At Simon Law Group, our Phoenix personal injury attorneys believe that every victim of medical malpractice should have the opportunity to receive compensation from a personal injury claim. We are a legal team with a great reputation among the legal community as we represent each client professionally and aggressively to achieve a favorable ruling. If you are looking for a Phoenix personal injury attorney, please call the Simon Law Group today at 480-745-2450 or contact us online for more information regarding personal injury claims.

U.S. District Judge Consuelo Marshall refused to dismiss Tracey Cooper-Harris’ challenge to the federal Defense of Marriage Act and to two other laws that make same-sex spouses of military veterans ineligible for benefits available to straight spouses. Marshall did not explain her reasoning in court, but said she would issue a written ruling at a later date.

The Justice Department under President Obama has refused to defend the 1996 Defense of Marriage Act, and argued that the U.S. Supreme Court should strike it down as unconstitutional when it hears arguments in another lawsuit next month.

But the department had asked for Cooper-Harris’ case to be tossed out on the grounds that veterans’ claims can only be heard by an administrative Board of Veterans’ Appeals.

Cooper-Harris suffers from multiple sclerosis and receives disability benefits from the Department of Veterans Affairs. She and her wife, Maggie Cooper-Harris, got married in California during the brief period in 2008 when same-sex unions were legal in the state.

Citing the Defense of Marriage Act, which prohibits the government from recognizing same-sex marriages, and veterans’ benefits laws that define a spouse as a person of the opposite sex, the VA denied the couple’s application for additional money and benefits that married veterans are entitled to receive.

In the case of the couple, they would receive about $150 more a month in disability payments, and Maggie Cooper-Harris would be eligible for about $1,200 a month in survivor’s benefits if her wife died, said Southern Poverty Law Center deputy legal director Christine Sun, who is representing the couple.

Even though the Supreme Court is set to examine the Defense of Marriage Act, the justices could end up issuing a narrow decision that does not settle the question of whether the act is constitutional, in which case it would remain important for Cooper-Harris’ case to remain active, Sun said. Marshall has scheduled the next hearing for April 1.

“The significance of the court’s ruling today is it vindicates the right of Tracie and Maggie Cooper-Harris to go forward to have their day in court,” she said.

Article by: Associated Press

After a half day trial,  the Court awarded Father joint legal decision making and granted his requested parenting time.  The Court noted that although Mother was fixated on Father’s alcohol use, all of his tests at TASC were negative.

Father’s child support was reduced by nearly 33%.

The Court also ordered that Mother was to pay a portion of Father’s reasonable attorneys’ fees and costs.

Father began this process on his own and retained Simon Law Group over a year into his battle.

The factors that the court takes into consideration in regards to legal decision making and parenting time decisions are listed in A.R.S. §25-403. According to the new statue, the Court shall determine legal decision making and parenting time, either originally or on a petition for modification, in accordance with the best interests of the child. The factors that the Court now takes into consideration are all those that are relevant to the child’s physical and emotional wellbeing, so it may be helpful to consult with a Phoenix divorce attorney to learn about the custody proceedings for your child. There are 11 specific factors that are detailed in A.R.S.§25-403, including the following:

• Past, present and potential future relationship between the parent and the child.
• If the child is of suitable age and maturity.
• The wishes of the child as to legal decision making and parenting time.
• Whether there has been domestic violence or child abuse pursuant to A.R.S. §25-403.03.
• The child’s adjustment to home, school and community.

These are just a few of the multiple factors that the Court now has to consider under the new statute for joint legal decision making. A Scottsdale divorce attorney can review the custody statute changes with you and explain how they might affect your individual case.

Metro Phoenix divorce attorney Craig J. Simon has decades of experience practicing Scottsdale family law, and has the knowledge and skills to provide you with expert aggressive representation in all matters of custody. As a Scottsdale divorce attorney, he has successfully represented hundreds of clients in custody battles across the Valley. If you would like to consult with a Phoenix divorce attorney on a matter of custody and the new Arizona Custody Statutes, trust in the law experts at Simon Law Group. For further information and a free consultation from our Scottsdale family law firm, please call our office at 480-745-2450 or contact us online.