Many clients are confused about the term “balance billing”. In it’s simplest form medical providers, including hospitals and doctors generate a “retail bill” for any services they render. This amount is usually significantly higher than what they have agreed to accept by contract with your health insurance. For example, your primary care physician may generate a bill of $100.00 for a simple office visit but the doctor has agreed by contract to accept $35.00 from health insurance plus a $10.00 co-pay as complete payment and the doctor agrees to write off the remaining balance of $55.00. Normally, if there is no accident where you receive money from a negligent person’s insurance company the “write off” amount is never billed. Many medical providers file liens and make claims for the “write off” amount when they find out there is third party liability insurance settlement available.

In the past health insurance companies would prohibit balance billing but in recent years they have eliminated that clause. The right to balance bill has been adopted by the Arizona legislature and therefore a client’s net is drastically effected by this process. Although any medical provider can balance bill it is primarily the hospitals that are pursuing this avenue. There are some defenses that allow for reduction of the balance bill and in certain circumstances balance billing is prohibited. It seems unfair that medical providers can agree to accept a specific sum from your health insurance and then turn around and expect a windfall from your claim against a third party but it is the law. Every case is different, so to determine if balance billing will apply in your case you may contact an experienced attorney at Phillips and Lyon..

Gary R. Phillips

Senior Attorney

A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.

Negligence/ Personal Injury: 2 years

Wrongful Death: 2 years

Product Liability: 2 years

Dog Bite: 1 year

http://www.expertlaw.com/library/limitations_by_state/Arizona.html

According to the Centers for Disease Control and Prevention and the American Veterinary Medical Association:

• Every 40 seconds someone in the United States seeks medical attention for a dog bite-related injury.
• Dog attacks cause 4.5 million injuries annually, 800,000 of which require medical attention.
• At least 25 different breeds of dogs have been involved in the 238 dog bite-related fatalities in the United States.
• Pit bulls and rottweilers account for over half of these deaths.
• 24% of human deaths involve unrestrained dogs off of their owners’ property.
• 58% of human deaths involved unrestrained dogs on their owners’ property.

Dogs can be a danger to children! What parents should know.

• Children under 15 years of age are the most common victims, making up approximately 70% of all dog bite victims.
• Dog bites are a greater health problem for children than measles, mumps, and whooping cough combined.
• Young boys between the ages of five and nine are the most frequent victims.

Breed-specific legislation

These alarming statistics have caused many communities across the country to enact breed-specific legislation that prohibits people from owning some breeds of dogs, such as pit bulls. American Humane understands that any breed of dog can bite, and as such, believes that breed-specific legislation does not effectively protect the community from dangerous animals. Legislation banning particular breeds can unnecessarily discriminate against dogs that are not dangerous, and does little to protect the community from dog bite incidents. Such legislation can often have unintended consequences, such as black market interest, indiscriminant breeding practices, and subsequent overpopulation issues. Additionally, there can be confusion when dealing with “mixed-breed” dogs, which can make legislation difficult to enforce. Therefore, American Humane supports local legislation to protect communities from dangerous animals, but does not advocate laws that target specific breeds of dogs.

The pit bull is a type of dog bred for fighting, not a specific breed. Responsibly bred and owned, the American Staffordshire Terrier and the Staffordshire Bull Terrier — often referred to as pit bulls — are not fighting dogs.

Avoid being bitten

There are steps individuals can take to protect themselves against being bitten by a dog.

• Never approach a dog you don’t know or a dog that is alone without its owner, especially if the dog is behind a fence, tied with a rope or chain, or in a parked car.
• Never approach a dog that is eating, sleeping, or guarding something. Dogs naturally guard their babies, food, bones, and toys.
• Never chase or tease dogs. Don’t poke, hit, pull, or pinch a dog.
• Never approach a dog (or any animal) that is injured.
• Always ask the owner’s permission before petting a dog.
• NEVER leave a baby or small child alone with a dog.
• When approached by a strange dog:
  • Do not run away. Dogs have a natural instinct to chase and catch things.
  • Do not make eye contact with the dog.
  • Stand very still like a statue with your arms at your sides, or back away slowly and quietly.
  • In a loud, commanding voice, tell the dog to “go away.”
• If you are attacked, give the dog an object, such as a jacket or backpack to bite or chew on.
• If you fall or are knocked to the ground:
  • Curl into a ball.
  • Protect your face by covering your head and neck.
  • Put your hands over your ears.

Prevent dog attacks: What can pet owners do?

• Choose your dog carefully. Select a breed or type of dog that is appropriate for your family and home.
• Socialize your dog. Be sure your dog interacts with all members of the family, as well as people outside the family and with other animals.
• License your dog, obey leash laws, and take care to properly fence yards. Dogs that are allowed to roam loose outside the yard expand their “territory”, and will often defend it aggressively.
• Neuter your dog. Neutering reduces aggression, especially in males. Un-neutered dogs are more than 2.6 times more likely to bite than neutered dogs.
• Train your dog. Basic obedience training is as important for the owner as it is for the dog.
• Maintain your dog’s health. Not only is it the right thing for the dog, but it also reduces bite responses caused by pain or irritability.
• Be sure your dog is vaccinated for rabies and other diseases.
• Provide your dog with adequate food, shelter, exercise, and affection. Tethering or chaining dogs makes them feel vulnerable and increases their aggression.
• Don’t play aggressive games with your dog.

As there are many forms of transportation, there are many forms of accidents. Whether you are traveling by foot, bike, car, truck or motorcycle you are at risk of suffering a personal injury. The Arizona personal injury attorneys at Phillips and Lyon want you to be aware of various types of accidents in addition to factors that may influence the outcome of a personal injury claim.

“Hit-and-Run Accidents: Where the driver who causes an accident fails to stop at the accident scene, it may be difficult for the victim of the accident to later identify the at-fault driver so as to bring a lawsuit.

Car-Pedestrian Accidents: Where a motor vehicle collides with a pedestrian, the pedestrian will often suffer catastrophic injury. Pedestrians often have difficulty making claims against drivers, with accidents frequently attributed to the conduct of the pedestrian.

Car-Motorcycle Accidents: Motorcycle drivers are susceptible to serious injury, even in collisions which would be relatively minor had they occurred between cars. Some suggest that motorcyclists suffer from a predisposition by juries to blame them for causing an accident, even where the driver of a car was clearly negligent.

Car-Bicycle Accidents: Bicyclists are vulnerable to serious injury when hit by cars, and are aslo susceptible to having drivers open car doors in front of them – a hazard which can cause them to be caterpaulted over the car door in a collision. Drivers often report that they did not see the bicyclist until after the collision, or that they misjudged the bicyclist’s speed. Some bicyclists engage in very hazardous actions, such as ignoring traffic signals or riding on the wrong side of the road, making an accident much more likely. The most severe and lasting injuries to bicyclists tend to be head injuries, so helmet use is encouraged.

Bus Accidents: Bus accidents can be quite serious, given the size and mass of a typical bus, and the fact that passengers are usually unrestrained. Special issues can arise in accidents involving school buses, and in the context of loading and unloading passengers.

Semi Truck / Tractor-Trailer Accidents: The drivers of “big rigs” are subject to state and federal regulation, governing how many hours a day they can drive, how much sleep they are to get each night, and the condition and maintenance of their trucks. Drivers typically get paid by the mile driven, and thus have a strong incentive to ignore rules which limit their driving time. Obviously, when a semi truck causes an accident, the consequences to any smaller vehicle and its passengers can be devastating.

After-Market Vehicle Modifications: Where a vehicle has after-market modifications, such as being raised or lowered, having powerful or tinted headlights or fog lights installed, or window tinting, those modifications may affect both the safety of the vehicle for its occupants and the hazard posed by the vehicle to other drivers.

Accidents Caused by Road Debris: Where road debris causes an accident, whether in the form of objects or parts which have fallen off of vehicles, or debris that is kicked up from the roadway and collides with another vehicle, it can often be difficult to determine who was at fault for the presence of the debris on the road. States may also limit liability based upon how long the debris was on the road. ”

If you have or a loved one has suffered a personal injury, please contact the AZ accident lawyers at Phillips and Lyon.

Aaron Larson, “Car Accident Lawsuits.” Weblog, http://www.expertlaw.com/library/car-accidents/