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Man Using Circular Saw

Arizona Product Liability Personal Injury Help

Man Using Circular Saw

Our law firm handles product liability claims where personal injury or death results from a defective product. A product may be defective by design, manufacturing, or for failing to warn of certain dangers. Manufacturers of dangerous products may be liable for injuries and if their conduct in producing the dangerous product was reckless, it may also be liable for punitive damages. We handle cases against automobile manufacturers and product makers of all types of dangerous and defective goods.

Are Product Manufacturers Responsible for Defective Merchandise?

Companies that manufacture products and the designers who create them are held responsible for unsafe merchandise that they produce. There is a duty of care that must be upheld and enforced by the legal system, if there is to be a level of standards used in the goods we buy and use daily. Because life altering injuries do occur due to defective products, the law has made it so that manufacturers can be sued for pain and suffering, medical bill reimbursement, and loss of work income.

Examples of common products that are recalled due to a faulty design, include the following:

  • Automobile parts, including tires, brakes, accelerators, and other safety aspects.
  • Airplane crashes due to faulty materials or parts.
  • Side effects from prescribed medications.
  • Toys made with small choke hazards or toxic chemicals.
  • Poorly tested cribs, strollers, and car seats.
  • Construction equipment, notably power tools with defects.

Why Hire Gonzales & Poirier to Handle My Defective Product Lawsuit?

The Law Offices of Gonzales & Poirier have a great deal of experience in defective product lawsuits and the expertise to negotiate top dollar settlements with insurance providers. If you want to be fully compensated for your injuries, including any lost wages, don’t try to deal with the guilty party’s insurance company alone. Call (855) 774-5400 to speak with a lawyer about your case complimentary, any time of day. Or click here to send an email correspondence.

Truck About to Hit Car

Arizona Truck & Semi-truck Accident Personal Injury Help

Truck About to Hit Car

Trucks and semi-trucks are massive vehicles often hauling tons of equipment and goods. When these vehicles are carelessly or recklessly operated, severe injury and death can occur. Truck accidents often happen because the truck is carrying an unsafe load, poorly maintained, driving at an excessive speed, or operated by a fatigued or impaired driver. Because of their nature and size, trucks are also prone to rollovers and jack-knifing, which can cause an inordinate amount of damage and injury to surrounding motorists and pedestrians.

Stats On Trucking Accidents in Arizona

The numbers associated with trucking-related accidents is quite alarming. In 2012, Arizona experienced right around 11,000 truck-related accidents and of these, just under 100 people lost their lives and 3,200 others were injured. These figures break down to an estimated 30 truck-related accidents taking place on a daily basis across the state and an eye-opening two lives lost per week.

  • 11,000 truck-related accidents in 2008
  • Over 100 deaths occurred due to truck-related accidents in 2008
  • Approximately 3,200 injuries occurred due to truck-related accidents
  • Every day there are approximately 30 truck-related accidents
  • Each week, two people lose their lives due to truck-related accidents
  • There are over 430,000 licensed commercial vehicles.

Why Hire Gonzales & Poirier for My Truck-related Injury Case?

At the Law Offices of Gonzales & Poirier, PLLC, we are experienced accident injury lawyers that have a wealth of experience working with the other guy’s insurance company. We won’t settle for any less that the full compensation you deserve. We’ll aggressively seek compensation for loss of work, pain and suffering, and medical expenses. Don’t deal with the insurance company on your own, allow our personal injury lawyers to take the reigns on your case today! Please call (855) 774-5400 or click here to contact our law office now.

Man Involved in a Car Crash

Arizona Car & Automotive Accident Personal Injury Help

Call (855) 774-5400 Immediately if Involved in a Personal Injury Accident in Flagstaff, AZ

Man Involved in a Car Crash

Motor vehicle accidents are far too common an occurrence in Flagstaff, Arizona, particularly during the winter months. A car accident and the resulting personal injuries can have a devastating effect on the lives of the victims of the accident. Our car accident attorneys assist victims in obtaining compensation for their injuries. In order to best protect your rights, it is important that you contact an experienced personal injury attorney immediately after your accident.

Can I Pay My Attorney Fees Based On the Result of the Lawsuit?

Yes. Our firm handles most auto accident cases on a contingency fee basis. This means, you are not responsible for fees or costs if we do not obtain a recovery on your behalf. Many accident injury cases can be handled by our firm negotiating with the insurance company without having to file a lawsuit. We have many years of experience dealing with insurance adjusters and fighting for our clients rights. However, our attorneys are also experienced trial attorneys and are able and ready to protect your rights in court.

As an auto accident client of ours, you will be assigned a case manager that will work closely with you and your attorney to handle the daily requirements of your case.

What Information Do I Need to Obtain About My Accident?

In order to best assist us in handling your case, it is important that you have the following information:

  1. The exact location of the accident.
  2. The direction the vehicle(s) were traveling.
  3. The insurance information of the person that caused the accident.
  4. Your insurance information.
  5. Medical treatment information.
  6. Traffic citation information.

Please keep in mind that as a client, our firm will work closely with you to obtain any information you do not have, but it is important after any traffic accident to obtain as much information at the time of the crash as possible. Click here to read over Arizona’s Department of Transportation accident figures.

Car accident personal injury

How Do I Know If I Have a Personal Injury Case?

The majority of people reading this have heard the term “personal injury,” but many people have the wrong idea of what it actually means. You can make a personal injury claim if you have been emotionally or physically injured due to the wrongful act(s) of another individual or company. When you make a claim, you are looking for financial compensation from the person/business that wronged you.

A common personal injury claim is for “negligence,” which means you are saying the other party’s reckless actions resulted in a personal injury to you. Automobile accidents are classic examples of negligence claims. According to the Arizona Department of Transportation, there were over 103,000 automobile accidents in the state during 2011, more than 33,000 of which resulted in personal injuries.

Another type of claim is if you trip, fall, and get hurt on a company’s premises. This is known as “premises liability.” If you suffer from an injury or illness due to carelessness by a medical professional, this is known as “medical malpractice.” If someone is injured or dies while working, a “worker’s compensation” claim can be made. Unlike other personal injury claims, this one doesn’t require you to prove someone else was careless.

When Should I File a Claim?

Personal Injury on Job Site

Basically, there is a chance of filing a successful personal injury claim if you have been injured in an accident of any kind. If you have been injured due to the negligence or carelessness of someone else, it is imperative that you get in contact with a reputable personal injury attorney as soon as possible. The quicker you do this, the more likely it is that you’ll remember important details of the incident, and this will help your legal team make the case on your behalf.

You may read articles online claiming it is possible to file a personal injury claim yourself. While this is certainly true, you are unlikely to receive the full amount of compensation you’re entitled to. What happens in these cases is that the claimant deals directly with the negligent party or insurance company, and the issue is settled out of court. The problem is that insurance companies are always looking out for themselves and will offer you an amount far below what you are actually entitled to.

When you have an experienced attorney on your side, insurance companies will be unable to try their old tricks. If any of the following applies to you, get on the phone with an attorney today:

  • You have been injured in an accident and the other party has insufficient insurance on their vehicle, property, etc.
  • Your injuries require medical treatment and the insurance company is dragging its heels when it comes to paying up. As a result, you are getting medical bills that place you in an uncomfortable financial situation.
  • The party responsible for your injury has no insurance and you are not able to claim compensation from them.
  • An insurance company is bullying you into accepting a settlement.
  • You are confused by the situation and have no idea how to proceed. Many individuals who have suffered a personal injury are unaware of their rights and responsibilities after an accident.
  • If you have sustained injuries from an accident that require ongoing medical treatment.
  • The accident has left you with injuries that have hampered your quality of life.
  • The injuries have ensured you are unable to work for six or more months.

What to Do After an Accident

Car accident injury

Please remember there is a statute of limitations in the state of Arizona. While you have two years to file a lawsuit related to a personal injury claim, it starts from the day of the accident. If you don’t discover an injury until a later date, however, it is possible the statute of limitations only begins from the date of this new discovery.

If you have a claim against the state of Arizona, a city, or a county, you only have 180 days to file a formal claim and one year to file a lawsuit.

When you decide to file a claim, you must be honest with your attorney from the beginning. If you withhold information and this comes to light during the trial, your case could be dismissed and you will receive no compensation. If you have been involved in an accident and wish to make a personal injury claim, follow these steps:

  • Write down everything you remember about the incident, including the time leading up to it and the aftermath. This can help show the court how the accident has affected your life.
  • Go to the doctor immediately. You may feel “fine” after an accident, but this doesn’t mean no injuries have been sustained. Certain injuries take a while to become obvious, and only a medical professional can discover such issues.
  • Take photographs of the scene of the accident and your injuries, if possible.
  • Get the contact details and names of any witnesses at the scene.
  • Never admit it was your fault.
  • Contact a trustworthy personal injury attorney as soon as you can. The quicker your legal team can put together a case, the less likely it is that vital testimony will be lost.

The Legal Process

Your attorney will begin the process with discovery, where he or she finds and shares information. In the majority of personal injury cases, things get settled once both parties have reviewed the information presented by the other legal team. At the end of the case, you receive financial compensation if the court finds in your favor. The settlement covers medical expenses, bills, financial loss due to the injury, and any other costs caused by the accident and subsequent injury.

We have found that those who get fair treatment during the course of their lawsuits have an improved state of mind after the accident, and this helps immensely in the recovery process. If you believe you have a legitimate personal injury claim, get in touch with an attorney who regularly practices this type of law to ensure you receive the financial compensation needed to cover present and future costs.

Resources

Woman Wearing Neck Brace After Car Accident

Car Accident Settles for $63,000

Woman Wearing Neck Brace After Car Accident

If you’ve been injured in a car accident, don’t deal with the other driver’s insurance agency by yourself, allow an experienced law team to fight for you.

Our client was involved in a car accident, where the defendant slammed into the back of clients car at 15 mph. Client suffered injuries to neck, chest and back. Through the dedication and advocacy of Tony Gonzales, Esq. our client received $63,000, which compensated her for her medical bills, injuries, lost wages, and pain and suffering.

home when she was struck by Kelsey Cody

Arizona Bicycle & Bike Accident Personal Injury Help

home when she was struck by Kelsey Cody

Unfortunately, sometimes it takes a tragedy to become more aware of how to conduct our lives in a safer manner. Cyclists are extremely vulnerable to being struck by a car, so please be careful.

We are Flagstaff personal injury lawyers who are also avid mountain bikers. Unfortunately, there are many injuries that can occur while riding bicycles. In many instances, the cyclist is not seen by the automobile driver for many reasons. Because our cyclists our vulnerable to automobile drivers, bicycle collisions can cause terrible physical damage and injuries. Our firm has extensive experience handling bicycle accidents that result from the negligence of others, including cyclists struck by car and truck drivers who fail to see the rider and bike riders struck by cars failing to yield the right of way.

Why Hire Gonzales & Poirier for My Personal Injury Case?

The Law Office of Gonzales & Poirier has handled many accidents and injuries to pedestrians and cyclists caused by negligent drivers. We want to take some time to reiterate bicycle and pedestrian safety, especially in Flagstaff, which presents unique safety issues. Since our firm has avid bikers we know the risks and rewards of biking. Although drivers have a duty to cyclists and pedestrians, cyclists and pedestrians need to insure their own safety. You may be right, but you could be dead right when it comes to a pedestrian/cyclist car accident.

In fact, I was almost hit last Friday on south San Francisco by an RV which turned in front of me without using a blinker or signal. To use this as an example, I noticed the RV slowing down, I stopped for a second to look at the RV’s taillights, I did not see a signal or brake lights. I just did not feel the RV driver was acting right and indeed I was right. The RV’s right hand turn lights were not working and the RV turned right. If I did not slow down I know I would have probably been severely injured by the RV who did not signal and did not check his mirrors.

Bike Riding Safety Advice

The biggest safety tip I can give is this: be aware of your surroundings and ride like you are invisible. General tips to be safe as a cyclist:

  • If at all possible, avoid busy streets and take the road less traveled.
  • Light up your bike! Use a headlight and taillight, not because it’s the law after dark, but because it genuinely helps motorists to see you from a distance. Flashing (strobe-like) lights work the best for helping drivers determine the distance of the light source.
  • Signal when you decide to make a turn on city streets. After all, it’s the law under A.R.S § 28-756 it is the law.
  • Avoid fidgeting with MP3 players and mobile phones when riding. A distracted cyclist is a more vulnerable one.

Visit www.bicyclesafe.com for more tips on avoiding collisions and bicycle riding safety. The City of Flagstaff lists these general tips on biking safety, which can be found on their website and reiterates the general tips above – that bikers be predictable, courteous, and alert.

The Law Office of Gonzales and Poirier wants drivers, pedestrians, and cyclist alike to be safe. We want everyone to make it home and hope that Flagstaff can cut down the reported 70-plus bike versus car accidents that take place each year. If you have been involved in an accident and have questions or concerns about your rights, please contact the Law Office of Gonzales and Poirier at (855) 774-5400 today!

Minivan with Rear Damage

Car Accident Settlement

Minivan with Rear Damage

If you’ve been the victim of a car collision in the Flagstaff area, contact Gonzales & Poirier, PLLC to fight for the maximum compensation for damages, pain and suffering, and medical expenses.

 

Our client was involved in a car accident in Flagstaff, Arizona, which resulted in minor injuries and damages to his car. The aggressive representation of the Law Office of Gonzales and Poirier allowed the client to settle the case for $7,500.

When we asked our client how he felt about the results, he stated: “I am really satisfied with your service and would definitely come back, I will refer you to my friends.”

If you or a loved one has been injured in a car accident because of the fault/negligence of another, contact us at Gonzales and Poirier at 928-774-5400. We will fight the insurance company and help obtain you a favorable settlement.

Man On Motorcycle at Dusk

Arizona Motorcycle & Motorbike Accident Personal Injury Help

Man On Motorcycle at Dusk

Motorcyclists are much more vulnerable to personal injury when in a collision with another vehicle. If you’ve been injured in a motorcycle accident, don’t deal with the insurance company alone.

Despite the best efforts of experienced riders, motorcycle accidents and the accompanying injuries are often caused by drivers failing to locate the motorcycle and providing the proper distance for maneuvering, failing to yield the right of way to motorcyclists, or other failures of obedience to traffic laws. Unfortunately, motorcycle injuries are often more serious than auto accident injuries, because motorcycles provide less protection than a car or truck. Even with the proper protective clothing and headgear, a motorcycle accident can result in serious, permanent, and debilitating injuries. Our experienced lawyers handle a wide variety of motorcycle related injury cases. If you are injured on a motorcycle because of the negligence of another driver, it is important to act quickly to protect your rights.

The Motorcycle Safety Foundation state these five key messages for motorcycle safety. They are as listed:

  1. Get trained on riding a motorbike before you get licensed.
  2. Always wear protective gear, such as a helmet and protective clothing.
  3. Never ride your motorcycle when impaired on alcohol or drugs.
  4. Do not ride outside of your own skill and abilities.
  5. Regularly take refresher courses on motorbike safety and changes to local laws.

To learn more visit the Motorcycle Safety Foundation at their website.

Other precautions to take if you are a motorcycle rider:

  • It is first important to understand that helmets are the most effective way to prevent a motorcycle fatality or serious injury. Helmets are 37% effective in preventing injuries to the motorcycle rider and 41% effective in preventing injuries to passengers.
  • Don’t drink and ride. In 2010, 29% of motorcycle riders that died in an accident had alcohol in their system.
  • Reduce your speed. In 2008, 35% of motorcycle riders involved in a fatal accident were speeding.
  • Obtain motorcycle training. All beginners should be trained in basic motorcycle operating skills and safe riding. Arizona offers operator training courses.

If you or a loved one has been injured while riding a motorcycle and you have questions about your rights, contact the Law Office of Gonzales & Poirier at (855) 774-5400 immediately. Our law firm serves all of Northern Arizona, including Flagstaff, Holbrook, Winslow, Williams, Page, Sedona, Cottonwood, Ashfork and Kingman. We have experience dealing with insurance companies and obtaining people with injuries full compensation. If you or your loved one is unable to travel, we can meet you at home, care facility, or wherever is most convenient.

Man Shoveling Snow in Winter

Snow Time is Shovel Time

Man Shoveling Snow in Winter

The City of Flagstaff requires residents to clear snow, ice, dirt, or any other object from obstructing the sidewalk bordering your building. Failure to do so could lead to a citation and fine.


El Nino is back and the weather forecasters are predicting above average precipitation for Northern Arizona. What does that mean for us? It means the possibility of a snowy winter, which may be a good or bad thing depending on your preference. If you’re a skier or a snowboarder you can’t wait to hit the slopes. If you’re a business owner it translates to increased revenue as more Phoenicians come up for the weekend to play in the snow. Before you break out the snowboard and skis you should invest in a good snow shovel and plenty of salt.

A snowy winter means a lot of Flagstaff business owners and residents will be busy shoveling their sidewalks and parking lots. The City of Flagstaff Ordinance § 8-03-001-0004 requires the removal of snow, ice, dirt or obstructions from sidewalks bordering your building by the owner, occupant or tenant within 24 hours. Failure to clear your sidewalks could result in a criminal citation and a bill for the cost of removal from the city. The City of Flagstaff’s Ordinance makes it clear that businesses and residents have a duty to clear their sidewalks within 24 hours of a snow storm or else face a citation and fine.

A business owner could face additional liability for failing to clear their sidewalks and parking lots if one of their customers happens to slip and fall while trying to navigate a snowy sidewalk. Arizona’s premise liability law could make a business owner liable for slip and fall injuries. Arizona courts have found that a business owner “only owes a duty to exercise reasonable care to his invitees.” Walker v. Montgomery Ward, 20 Ariz. App. 255, 258 (1973). This means the premise owner has a duty to discover, correct and warn of hazards which the premise owner can reasonably foresee as endangering an invitee. See, Markowitz v. Ariz. Parks, 145 Ariz. 352 (1985). To examine the issue of whether or not the premise/business owner breached their duty of care to an invitee/customer, the court will consider:

  • If the dangerous condition is the result of the defendant’s act;
  • If the defendant had actual knowledge or notice of the dangerous condition;
  • If the dangerous condition existed for such a length of time that in exercising ordinary care the premises owner should have known of the dangerous condition and taken action.

Walker, 20 Ariz. App. At 258. Basically, you have a duty to warn, correct and discover a dangerous condition if you caused it, had actual knowledge of it or you should have known about the dangerous condition. In most circumstances, a business owner who knowingly fails to shovel a snowy sidewalk would breach their duty of care as outlined above. Business owners need to be aware that they could be slipping down the slippery slope of a lawsuit if they fail to shovel their sidewalks this winter.

The best practice to observe when dealing with a snowy sidewalks is to be a good neighbor. Business owners and residents should shovel their sidewalks as soon as reasonably possible. If you rent a space and the owner is responsible for shoveling the snow and fails to do so, you should notify the owner but be prepared to break out the parka and the shovel. Under the city ordinance both the landlord and tenant are responsible for the sidewalk. If someone slips and falls, the injured party will most likely sue the landlord and tenant and let the attorneys figure out their liability. Finally, you should shovel your sidewalk because it just makes good business sense. In today’s economy why make it more tough to get that customer in the door because the customer is too scared to walk in your door?

Daniel Tom, Esq.

If you have questions or concerns about premises liability or you have been injured in a slip and fall accident, contact the Law Office of Gonzales and Poirier at 928-774-5400 and ask to speak with Tony or Daniel or visit our website. If you have been injured in an accident you have rights and you should contact an attorney before you speak with the insurance company. Our firm has two locations and if you have been severely injured we will visit you at your home.

Elderly Woman in Nursing Home

Arizona Nursing Home & Elder Abuse Personal Injury Help

Elderly Woman in Nursing Home

Nursing home abuse may be taking place with your loved one without your knowledge. Be vigilant and if you spot something wrong, contact our law office immediately.

Nursing home or elder abuse is a common problem. Many nursing homes or caregivers subject our elderly to both physical and emotional abuse. This is inexcusable. Abuse may include malnutrition, dehydration, bed sores, unexpected bruises or fractures emotional abuse, and even financial exploitation.

What are the Signs & Indications of Abuse or Neglect?

  • Neglect: This may occur when there is dehydration, malnutrition, bedsores, poor hygiene, depression, sudden outbursts of anger, bruises and fractures.
  • Unexpected death: This occurs when elderly die suddenly and unexpected in the care of a nursing home or caregiver.
  • Malnutrition: This occurs when elderly are deprived from food, liquids or medicine. Signs may include weight loss, lack of energy, and loss of color. Dehydration: This occurs when nursing homes or caregivers fail to maintain proper levels of fluid in the body of elderly. Bedsores (decubitus ulcers or pressure sores): Bedsores are pressure-induced skin ulcerations that develop when an individual’s body part is subjected to prolonged pressure. This may occur with sitting or lying down in one place for a long period of time. There are several stages of bedsores, which may include small patches of redness to infected areas that are deteriorating.
  • Falls: This occurs when elderly are dropped by staff during transfers from wheelchairs, beds or other furniture. This may also occur when people are left alone and unattended for long periods of time.
  • Physical Abuse: This occurs with elderly have bruises, marks or fractures.
  • Emotional Abuse: Elderly are sometimes subjected to verbal abuse and ridicule. Signs may include unexpected anger, nervousness or withdrawal.
  • Financial Exploitation: This may include suspicious bank withdrawals, use of a credit card, missing cash or jewelry, changes in a will/trust/power of attorney, and forged signature.

There are various types of nursing home abuse cases. These include: malnutrition, dehydration, bedsores, falls, physical injuries, neglect, financial exploitation, and emotional and sexual abuse. Nursing home cases requires a good investigation and knowledge of the law. It is important to hire an experienced attorney to help determine liability.

There are laws in Arizona that protect our elderly from such abuse. Arizona Revised Statutes address mandatory reporting of elder abuse and related immunity from liability. These reporting statutes are not in conflict with the federal laws that address privacy and confidentiality.

Why Trust in Gonzales & Poirier with Your Nursing Abuse Case?

Our law firm understands that there are numerous ways abuse can take place, such as bedsores, death, falls, dehydration, and other instances of neglect. If you suspect any neglect of a loved one, you need to call the experienced attorneys of Gonzales & Poirier at (855) 774-5400 immediately. We offer free consultations any time of day.

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