Monthly Archives: March 2010

What are contingent attorney fees?

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The experienced attorneys at Phillips and Lyon works on a contingent fee system. What that means is that we have no up front costs to you and we don’t get paid unless you get a settlement. No Recovery, No Fee…No Exceptions! This is very helpful to most clients because most people can no afford to pay out money to an attorney especially after they have suffered financial hardship from an accident with deductibles, lost time from work, etc.

Phillips and Lyon will represent you with experience and excellence! We have a special internet fee of 25% which is only paid if you receive a settlement and is much lower then most other firms in the Valley. We will also help you find a doctor who will take a lien. What does this mean? A doctor who will treat you but not expect any payment until you receive your settlement. We have a great relationship with a lot of doctors who will accept a lien because they trust our firm will obtain a settlement and pay them at the end. This is a great alternative to expensive deductibles and hounding invoices from the doctor’s offices. You can focus on getting better, not how much money you have to pay out!

Call us if you have been injured in an auto accident and have severe injuries. We are available 24/7 at 1-800-272-5297.

What is a gap in treatment?

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What is a gap in treatment and why is it a big deal?  Once you start treatment, the insurance company wants to see a regular treatment schedule. Their theory is if you are injured and hurting, you will go to the doctor regularly. Unfortunately, things come up which cause clients to miss their scheduled appointments.

When you miss a doctor’s appointmnent it is considered a gap. For example, if you were scheduled to go to the chiropractor on Monday but you were sick and weren’t able to reschedule until the following Wednesday, it is considered a 1 week gap.  If you were scheduled to go to the doctor on March 1st, didn’t make the appointmnet and didn’t reschedule (for whatever reason) until April 1st it is considered a 1 month gap. If the doctor tells you to follow up in 1 month then there is NO gap because you are following doctor’s orders.

In reality life happens, you get sick, your kids get sick, you have to stay late at work, etc.  A gap of a week or two will not effect your case and can usually be explained but if there is a gap of a month your case value may be compromised. Make sure you can explain any gaps in treatment, preferably with documentation about why you missed the visits. If possible tell the doctor why you missed the

Will my friend’s car insurance cover me?

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Q: I do not own a car and I do not have auto insurance. Can I drive my friend’s car?

A:  Yes, you CAN drive your friend’s car, but should you?  Maybe. If your friend has a standard auto policy, then there will be at least some coverage for you. If your friend has a non standard automobile insurance policy, then there may not be coverage. How do you know? You have to read the policy.

Realistically, most people are not going to read the policy. So, let me give you three basic options here.

1. The car owner has a standard policy and whatever insurance limits your friend has apply to you as well. So, if your friend has a policy with 100/300 limits, then you will have 100/300 limits as well.

2. The car owner has a standard policy with an endorsement. The endorsement drops the friends limits down to the state minimum. So, in Arizona, your friend has a car policy with 100/300 limits, but this endorsement drops the coverage limits to 15/30 if you were driving the car.

3. The car owner has a non-standard policy. So, if you drive your friend’s car, there will be no coverage at all.

The problem is that the major insurance companies write all three policies. It is almost impossible to figure out what you have without reading the policy. Your best bet is to purchase an auto policy for a non-car owner. Yes, they actually sell car insurance for someone who does not own a car, and it is relatively inexpensive. Make sure you are covered before you drive any vehicle!

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Toys R Us, Kmart, and Target Will Pay Fines for Selling Lead Toys

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A news story on the latimes.com website reported that the California attorney general’s office has settled a toxic tort lawsuit with Toys R Us, Kmart, and Target. They were found to be guilty of selling toys with high levels of lead, exposure to which can be dangerous especially in young children whose nervous systems are developing.

The attorney general’s office and the Los Angeles city attorney filed a lawsuit against the three retailers, along with Mattel Inc. when it was discovered that they were selling or making toys with excessive amounts of lead paint.

The contaminated toys broke federal toy safety standards and California law Proposition 65, that deals with toxic substances, prompting a wave of recalls.

The California State deputy attorney said, “Our enforcement action will serve as a reminder to companies that they have a responsibility to make sure that children aren’t exposed to harmful chemicals from their toys.

The settlement provides a remedy for past violations and makes it less likely that there will be future violations of lead standards.” Under the settlement, Toys R Us will pay $175,000, Kmart will pay $69,000, and Target will pay $210,000.

It is hard to believe that we still have to question stores that we trust to do the right thing. Stores have the responsibility to ensure that the products they are putting on their shelves are safe for consumers; especially products intended for our children.

If you feel that you or a loved one has suffered because of a product in Arizona, do not hesitate to call the lawyers at Phillips and Lyon. Their attorneys have won many cases for their clients so you can rest assured that they know the law and the court system.

The attorneys at Phillips and Lyon have a passion to help, and have made it their mission to assist those who have suffered at the hands of negligent entities. Please call 1-800-272-5297 for a free in home consultation.

Toddler Mauled to Death in Dog Attack

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Ashlynn Anderson, 4-year-old daughter of reality TV show star Jesse Browning, was the victim of a fatal dog bite incident February 28, 2010. According to an Associated Press news report, Ashlynn was found by her mother badly injured on their lawn in Astoria. The girl had been attacked by one of the family’s own Rottweilers. Ashlynn was transported to a Portland hospital where she was pronounced dead. This tragic dog attack occurred just four months after animal control officers had taken a Rottweiler from the same home after it bit an adult family member. The two Rottweilers at the home have been quarantined. There is no word on whether any criminal charges will be filed against Ashlynn’s parents in this case.

My heart goes out to everyone who knew and loved little Ashlynn for their tragic and devastating loss. I offer my deepest condolences to her family members. Please keep them in your prayers.

Dog Bite Statistics

According to Dogsbite.org, a Web site for dog attack victims nationwide, of the 88 fatal dog attacks in the United States in a three-year period between January 1, 2006 and December 31, 2008, 59 percent or 52 incidents involved pit bulls followed by Rottweilers (14 percent), American bulldog and Husky (5 percent each). This dog bite fatality finding is more or less consistent with an earlier report released by the U.S. Centers for Disease Control, which states that pit bulls and Rottweilers together account for 60 percent of fatal dog attacks.

Pit Bulls and Rottweilers

In this particular case, it appears that there was a warning just months before this tragic fatality occurred. One of the Rottweilers had already bitten someone else in the house. It is not clear if that was the same dog that also mauled Ashlynn. This tragic story is yet another example of how dog owners’ love for their pets or animals can put them in a state of denial.

A number of cities and municipalities nationwide are starting to impose more stringent regulations on those who own aggressive breeds of dogs such as pit bulls and Rottweilers. Whatever arguments animal rights activists may present, statistics speak for themselves. Pit bulls and Rottweilers were responsible for nearly three-fourths of all fatal dog attacks in the United States over a three year period (2006-2008). This incident is certainly a wake-up call for all parents who have young children and dogs at home.

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