Medical Malpractice & Personal Injury FAQS

The statute of limitations is the deadline by which a case must be filed with the court. In Arizona, the statute of limitations for a medical malpractice case is 2 years from the date the person knew or should have known of the injuries that put him/her on notice to investigate the cause. If the person died, the family has 2 years from the date of death to file a lawsuit.

If your claim is against the city, state, county, or any other entity run by the state (or the city, town, etc.), you have to file a notice of claim against the correct entity within 6 months of the date you knew or should have known of the potential negligence. Examples of claims that require a notice of claim include (but are not limited to) claims against: county hospitals, public schools, police officers, city/state/county for road design flaws, and potentially resident doctors.

In Arizona, the statute of limitations for a minor is 2 years from his/her 18th birthday. If the claim is against a public entity, it is 6 months from his/her 18th birthday. If the child dies, the statute of limitations for the parents is 2 years from the child’s death.

To prove a medical malpractice case, we have to establish 3 key links in the case. First, we must prove that the doctor/nurse/healthcare provider was negligent, or below the standard of care. In other words, that he or she did something that was not reasonable or prudent. Second, we must prove that what the doctor/nurse/healthcare provider did wrong was a cause of the injuries. If the person was injured, but the defendant did not cause it, there is no case. Finally, we must prove what the person’s damages (injuries) are. All three of these elements must be met in order to proceed to court.

Unfortunately, no one can tell you this with any true accuracy. All any lawyer can say is what similar cases have settled for (or returned jury verdicts for) in the past. That said, every case is different, and the varying facts will significantly impact the case value. At Snyder & Wenner, we only handle catastrophic injury and wrongful death cases. Accordingly, we limit our practice to cases that could return a $1 million or more settlement/verdict. The reason we focus on these types of cases is because we know we can make a difference in the community by litigating them. Hospitals and doctors are not affected by small cases. Large settlements/verdicts, however, cause them to re-think their behavior and to rewrite policies and procedures in order to protect patients.

We often see medical records where the entries are simply untrue. This happens for several reasons, some benign and some nefarious. Sometimes, the voice dictation software picks up the wrong word and changes the entire meaning of a sentence. There are also times where a careless doctor/nurse types the wrong information in. These mistakes should be caught when the doctor/nurse re-reads and approves the note, since they are required to do so before it becomes part of the record. More often than not, though, the inaccurate entry is because a doctor/nurse is trying to cover something up. Electronic medical records have made it much easier to prove these lies, and it is something that we look at in every case.

No. Any attorney or law firm who tries to charge you money up front is not someone who is experienced in this field. We pay all costs of the case, and then collect that money (in addition to our fee) once the case settles or ends in a trial verdict. There is a chance that if the defendants win the case that you might owe them money. This is based on the court rules, and we will discuss this potential outcome at great length during our consultation.

You need an experienced, knowledgeable attorney. Snyder & Wenner has been in business for more than 30 years. Our lawyers have national reputations and are consistently cited in Super Lawyers magazine and U.S. News & World Report for excellence in advocacy.

First of all, if you are involved in an accident with a big truck, you will be shaken up if not actually suffering from injuries. It will be hard to think clearly. Fortunately, the rules for an accident with a big truck are basically the same as the rules for any accident.

Call the police. Police officers are skilled at securing the scene and ensuring the safety of everyone involved. Be sure you tell the emergency dispatcher where the accident is, if anyone appears to be injured, and what kind of injuries seem to be involved. That will allow the dispatcher to send the appropriate type of emergency personnel.

When possible, after you are interviewed by the police officer, which you almost certainly will be, find out how to get a copy of the police report. This may sound silly, but sometimes you may not be able to tell from the policeman’s uniform what jurisdiction he works for. You will need to contact that jurisdiction to get a report. That report will include the names, contact information, and other information about all the drivers involved.

In the case of an accident with a big truck, you will want to know information about the driver’s employer, usually a trucking company. You may ask the police officers to obtain this information from the truck driver and include it in the report.

Police reports will also include insurance information about everyone involved, a diagram or description of the accident scene, weather conditions, witnesses’ names, and the tickets issued to any of the drivers.

If you can, over the next few days, go back to the accident scene. You will be calmer and may be able to notice more things, such as other cameras, additional traffic signs, skid marks, etc. Be careful not to interfere with traffic when you are trying to look for other evidence.

You should definitely take pictures. This can be done with most cellular phones. Be careful not to interfere with the emergency personnel. Be aware that some persons may object to having you take pictures. If possible, take as many pictures of the vehicles, the damage, the driver, and the witnesses. Try to document the damages, skid marks, and any other evidence of the collision.

Also, look for cameras. It is amazing how many places have cameras now. Nearby banks or other commercial concerns may have surveillance cameras that captured part or all the accident on film or digital recording device. These recordings are often recorded over quickly so it is important that you or your lawyer asks for a copy as soon as possible.

If you see other people at the scene taking pictures, ask if you can exchange pictures to have the most complete record possible. And be aware, some commercial trucks even have dash cameras that can show exactly what the driver is doing. If possible, determine if such a camera exists. Your lawyer can ask the trucking company for it.

Yes, in addition to taking pictures, you should make a written record. After an accident, it is easy to forget details, so as soon as you can, make a record of what you see and say and what is said to you. If your phone can record, this is great, but you want to transcribe your notes later.

Include what other persons say they heard as well. Try to exchange contact information with as many of the witnesses as possible. They too may want to bring suit and may appreciate having your information.

There are significantly more laws that govern the drivers of commercial trucks than there are governing the drivers of passenger vehicles. Since many of these trucks are driven across state lines, there are also federal laws that come into play. A lawyer who is very knowledgeable about car accidents may not have sufficient experience with these different laws and regulations to adequately represent you in court.

Another point is that big trucking companies have staff who are devoted full time to limiting the liability of the company. In other words, they are trying to figure out how to pay you less for an accident. That’s why you may need an attorney to help you represent your own interests.

The terms “big truck,” “commercial truck,” “big rig,” and “semi” are used interchangeably in these FAQ. Basically, we mean trucks that weigh between 10,000 and 80,000 pounds. That’s up to 25 times what a typical passenger car weighs.

Liability means legal responsibility. To obtain any judgment and therefore any money in a court case, someone must be proved to be legally responsible for the acts that caused the injury. The court is ultimately responsible for determining who is liable for any incident.

You, as the victim of the accident, will be acting as a plaintiff. The difficulty is sometimes figuring out who should serve as the defendant.

There are lots of reasons a big truck can be involved in an accident. Who is to blame is sometimes hard to figure out. A legal firm has specialists in this area who can advise you. Together you can figure this out. Obviously, the driver of the big truck will be named as a defendant, but there may be others.

The trucking company that the driver works for may qualify as a defendant if the driver was under the control of the company as part of his employment. There may be others as well.

As part of trying to avoid having to pay, the company will try to claim that they had no control over the driver. This is usually true only if the driver is an independent contractor, and even then, that defense may not stand up in court.

With few exceptions, the trucking company is found to be at least partly liable in court. The only exception is if the driver deliberately tried to cause harm, such as in the case of road rage.

There may be other people or entities serving as defendants too. This is why your lawyer must hear all the details of the accident before determining who to sue.

Other possibilities for the role of defendant include:

• The person or company that leased the truck or trailer
• The shipper of the cargo
• The loader of the cargo
• The owner of the truck cab
• The owner of the truck trailer
• The manufacturer of the truck, the trailer, or any part of these that could have caused the accident

Although it is not usually done, it may even be appropriate for the manufacturer of the cargo to be a defendant. One case in which the manufacturer was successfully sued occurred when chemical gas was released into the air, resulting in respiratory problems for the accident victims. In that case, important factors were who was informed of the danger of the cargo and what safety measures were taken.

Obviously, each of these potential defendants will try to convince you that other persons or entities are the ones who should be held liable. Each defendant that actually ends up in court will spend substantial time trying to convince the court that you were really more to blame for the accident. That is just one of the reasons you need a good law firm.

The terms “big truck,” “commercial truck,” “big rig,” and “semi” are used interchangeably in these FAQ. Basically, we mean trucks that weigh between 10,000 and 80,000 pounds. That’s up to 25 times what a typical passenger car weighs.

Big trucks are susceptible to all the same kinds of accidents that cars have. However, when a big truck is involved, the dangers are multiplied. Think about the weight of the big truck and the trouble that it will have coming to a complete stop with all that weight. Add to that its massive size and how much opportunity for collisions all that size affords. In general, accidents with big rigs result in more damage and more injuries.

To be a licensed driver of a big rig, an applicant must be over 21 years of age and pass a number of vision and physical exams. Most attend truck driving school to prepare for the Federal Motor Carrier Safety Regulations written exam.

This is a requirement of the U.S. Department of Transportation. Then the driver gets a green card that must be renewed every two years. With the green card, he can apply to take a practical road test to get a Class A or CDL, which means Commercial Driver’s License.

According to the National Traffic Safety Administration, big trucks were involved in 8 percent of all fatal accidents and 3 percent of all non-fatal accidents in 2012 (the most recent year for which there is complete data).

The Arizona Department of Transportation combines large trucks and buses together. During 2013 (the most recent report from the Arizona Department of Transportation), big trucks and buses were responsible for 5.79 percent of the 107,348 traffic accidents in Arizona.

In general, as your representative, we will be attempting to prove a case of negligence. The term negligence has a specific meaning in law. Basically, it means that “it was an accident, not intentional, but if someone had acted reasonably, it would not have happened.” So your attorney will try to prove three things:

The persons or entities identified as defendants owed you a reasonable effort to help you avoid injury (and this can be physical, emotional, or financial). In the case of the driver as the defendant, this is easy because all drivers have a legal duty to take reasonable care for other vehicles, bicycles, motorcycles, or pedestrians.

To win maximum awards, a lot of information is needed. First, your lawyer will meet with you. He or she will want to know exactly what happened from your perspective. Any notes you made, pictures, contact information, and the police report will all be helpful during this meeting. This conference will help your lawyer figure out what other evidence might be available and how to obtain it.

Other evidence might include:

• Log books. Commercial drivers are required to keep logs of their drive times, rest times, and other key information.
• Bills of lading and other paperwork. This can help provide a full picture of the driver’s activity.
• Black box data Just like airplanes, commercial trucks have an onboard recorder that captures essential data. This includes speed, brake usage, etc. The black box information must be obtained as soon as possible because it is recorded over with each new trip.
• Cell phone data. If there is any chance that the driver was using a cell phone at the time of the crash, the cellular carrier’s records will show it. This must be subpoenaed through a lawyer.
• History of drivers. The histories of all involved drivers may be introduced in court, including yours. Your lawyer may want your complete driving history, including accidents, tickets, insurance claims, etc. He will also be looking into the trucker’s record, including the status of his Commercial Driver’s License at the time of the accident, his criminal record, his traffic records, and his financial record.

This is an excellent question. Many people think if they made any mistake, they cannot take action against another party. This is not true. Arizona has comparative fault rules. That means the court will decide what percentage of fault each party is responsible for. So say you changed lanes without signaling and a big truck struck your car. If, after trial, a jury awards you $1,000,000, but says you are 40% responsible, your total verdict will be reduced by 40%, or $400,000. Most of the time, the plaintiff did nothing wrong to cause the accident.

So say you changed lanes without signaling and a big truck struck your car. If, after trial, a jury awards you $1,000,000, but says you are 40% responsible, your total verdict will be reduced by 40%, or $400,000. Most of the time, the plaintiff did nothing wrong to cause the accident.

Expert witnesses are typically needed to prove various claims in the case. Your attorney can help you figure out what witnesses are needed and how to obtain them for your case. Bear in mind, our best witness, in any case, is you.

Different states have different statutes of limitation for vehicle accidents. In Arizona, you have two years to file a claim. The clock starts ticking when the accident occurs. The best time to contact an attorney is as soon as possible after the accident. This is not because of the statutes but because evidence can be lost, memories can fade, and witnesses can disappear.

The trucker’s insurance company will almost certainly make you an offer, usually very soon after the accident. They are counting on your vulnerability and lack of information to convince you to sign a settlement that may be completely unfair.

For example, let’s say you have just been released from the hospital with two broken legs after the accident. Your car is totaled and you are still shaken by the image of the accident. The insurance company sends a representative with a settlement offer of $50,000. This sounds great! After all, your health insurance will pay for all but your deductible and you can get a new car and even pay off some other debts.

You are tempted to sign immediately. But will you need to hire extra help at home while you heal? How much work will you miss and how much sick leave will you be paid for? Will you need physical therapy? Who will pay for that? Who will pay for the expense involved in traveling to doctor appointments?

You need a lawyer to help you think through all the possible expenses you will have. The insurance company may try to convince you that their offer is only good for a limited time, like midnight tonight. Nonsense. Demand time to speak to your lawyer.

In almost all cases, you can sue in either the state in which the accident occurred or in the state where the trucking company’s main headquarters is.

This is an excellent question and one that makes it clear why you should not immediately settle with an insurance company. Your attorney will be able to advise you on the damages you might be compensated for. These may include:

• Property damage. This includes your car itself, the contents, and other property lost as a result of the accident. Pictures and possibly receipts for lost items will be helpful..
• Any injuries should be fully documented by your physician for maximum effectiveness. Again, pictures can impress the courts. To ensure that our clients have good medical care and the medical records are complete, Snyder & Wenner has two nurses on our staff..
• Lasting damages. Often, we think that we will simply “get over” the accident, when actually it may not be that easy. Damages such as a disfiguring scar, a permanent limp, or a loss of a skill, such as an ability to swim, may all be considered for compensation..
• Expenses caused by accident. We all think about out-of-pocket medical expenses, but what about the cost of commuting to medical treatment, the need to hire someone to help in the home, and unpaid time off work? Your attorney can help you calculate these expenses..
• Pain and suffering and emotional distress. Medical and/or psychological records will be helpful to demonstrate the extent of these injuries..
• Non-quantifiable losses. These are less likely but should not be ignored in conversations with your lawyer. They include things like a loss of ability to be intimate with your partner or the loss of companionship because your partner is now unable to communicate with you verbally.

This is obviously one of the most frequently asked questions. However, no one can even estimate the extent of your damages and your potential award without thoroughly understanding all aspects of your case.