Auto
What state does LHT rule apply?
Arizona
Liability is established by...
documenting the conditions that caused the fall, such as hazards, whether they were open and obvious, and the presence of warning signs.
The Dog Owner Must Be....
Identifiable
What is UM/UIM & Why Does It Matter?
Uninsured & Underinsured Motorist. Auto insurance that protect you if you are in an accident caused by another driver that lacks sufficient insurance. UM insurance covers situations where the other driver has no insurance, while UIM coverage handles cases where the other driver has insurance, but not enough to cover your damages and medical bills.
What are the three components of LID and why are they important?
Liability - who is at fault
Insurance - who we are going after for the BI claim
Damages - injuries and PD
What information can you ask to determine liability in an auto accident?
Direction of travel, police report, citations, witnesses, dash cams.
Insurance is verified by...
identifying the responsible party or property owner, confirming the fall occurred on their premises.
Strict Liability States→ Owner is responsible even if the dog never showed aggression. Only major defense is if the PC...
If the PC provoked the dog.
What does the left hand turn rule mean, which state, and why does it matter?
Left-turning driver must yield to oncoming traffic. AZ. In accidents, the left-turning driver is presumed to be at fault, making it harder to dispute liability unless strong evidence shows otherwise (like the oncoming car speeding or running a red light)
Can we reduce of 33.3% fee? If yes, when? If no, why?
Yes for existing clients, if they qualify for a military discount, if they are an employee of the firm. We can lower it to 30%
rear-end, red light, texting, DUI, speeding
What state is timing and notice crucial for s&f cases?
New Mexico
Negligence Standard states, victim must prove owner of the dog failed to...
failed to control dog or dog had known aggression
What Is NOC & why does it matter?
Notice of Claim. This is a formal document an injured party must file to notify a government entity (like a city or state) of their intent to sue for damages, often within a strict deadline.
PC was a passenger and PCs roommate was driving. They went to get something to eat. There is a concrete median and a turn lane. PCs roommate entered the wrong side and was facing on coming traffic. PC then reached over and jerked the wheel since her roommate seemed unfazed by the vehicles coming straight at them. PC mentioned they went off road, running over curbs rocks and bushes. They never hit another vehicle but PC sustained soft tissue injuries. Roommate has statefarm, PC does not have UIM. Is this a case?
No; comparative fault. PC jerked the steering wheel.
PC calls from Arizona: They were stopped at a stop sign & other driver rear ended them. No dash cams, no police report. Car towed, not drivable. PC has broken arm & head injury. Both parties have insurance. Is this a case? What status?
Yes. Sign. Retainer A
Medical treatment documenting extent of injury, the incident report from property owner, photos or videos.
Who's insurance and what insurance do we go after for Dog Bite cases?
Dog owner's insurance. Renters insurance, home owners insurance
What is PIP & why does it matter?
Personal Injury Protection. Car insurance coverage that pays your medical bills, lost wages, and other related costs for you and your passengers after a car accident, regardless of who's at fault.
What services does L&R offer to clients who need treatment? What services does our firm offer clients who need help with their car? Explain one benefit for each.
Medical & PD Referrals.
PC calls from NV: Adverse driver ran a red light and t-boned PC. Both parties have insurance, injuries are extensive, car is totaled. Police report shows other driver got multiple citations but PC also got cited for not wearing a seatbelt. Is this a case & what status?
Yes. Sign. Retainer A.
What is considered a soft tissue injury and what do we always do with soft tissue cases?
Muscles, tendons, ligaments, strains, sprains. If we think this is a good case, put it under review. Never sign soft tissue without firm approval.
Give me three questions you would ask to prove liability.
Warning signs & knowledge of dogs behavior? What was the victim doing when the dog bit? Public or private property? Was the dog confined behind a fence or otherwise secured?
What Is Lerner & Rowe's scope of representation & why does it matter?
Medical bills, Pain & suffering, Lost wages. It matters in order to service our clients properly and transparently.
Explain the pros and cons of treating under health insurance vs a medical lien provider.
Health Insurance: pay pennies on the dollar for medical treatment, and in the scenario where we drop a case the PC wont owe outrageous out of pocket medical costs. But PC may pay high out of pocket copays.
Med Lien: no upfront costs or copays, and provider specializes in auto injuries. They also work with L&R to lower cost of care. If case is dropped from our firm the PC may be on the hook for some medical bills.