FREQUENTLY ASKED QUESTIONS
TESTIMONIALS & REFERRALS
"A.J. went above and beyond any expectations I had from beginning to end. He was incredibly knowledgeable, professional, and provided absolutely fantastic representation."
Client Review: Dean
Source: www.avvo.com
A personal injury is any physical or mental injury to a person as a result of someone's negligence or harmful act.
"Personal injury" is a broad term that means any kind of accident or occurrence that leads to bodily injury. Here are some examples:
While car accidents account for the majority of personal injury claims, the law firm of The Law Office of A.J. Mitchell, P.L.C. handles nearly all types of injury cases all over Arizona, including Carefree, Cave Creek, Scottsdale, Phoenix, Anthem, Wickenburg, Fountain Hills, Glendale, Peoria, Tempe, Chandler, and claims occurring in Maricopa county, Arizona.
All injury cases are different. There are many factors that are involved in determining the value of a case. These would include: the severity of your injuries; the length of time of your total and/or partial disability (if any); the amount of your medical bills; whether or not there is permanency of injuries; scarring; broken bones; expected future medical expenses and/or life support costs; wage loss; emotional trauma and loss of consortium. If you are partially liable for the accident/injury, your case will be worth substantially less determining on the percentage of your liability. Our job, however, is to put as much money as possible into your pocket. How much money you receive will depend on the factors listed above.
The best time to hire an attorney in any case is immediately. The sooner your attorney can start gathering evidence and obtain witness statements the more likelihood of success. Cases are won or lost on evidence. In addition, there are very short time limits in cases against a city or municipality for filing notice of a claim. You must act quickly to preserve your rights.
Negligence is any conduct that falls below the standards of care established by law for the protection of others against unreasonable risk of harm.
The job of the insurance company of the person who caused the injury is to do everything they can, as soon as they can, to minimize the fault of their insured and to dispute the consequences of a person's injuries. Naturally, it is in the insurance company's best interest to pay you as little as possible. A law firm experienced in personal injury claims can fight the insurance company and maximize the value of your case.
No one should give such a statement without seriously considering the legal effects of this statement. Before agreeing to such a statement, any injury victim should consult with an experienced personal injury attorney.
Every state has certain time limits, called "statute of limitations" that govern the period during which you must file a personal injury lawsuit. In Arizona, you may have as much two years to file a claim; however, if the suit is against a city, county, or governmental agency, you have a much shorter time to file a Notice of Claim. Time is of the essence. You should contact a lawyer as soon as possible to ensure that your rights are protected.
The time it takes to settle a claim depends on many circumstances. It is important to allow injuries to stabilize before beginning settlement negotiations. By settling too early, important consequences of a serious injury may be missed, such as the need for future medical treatment, scarring, or rehab difficulties. When the treating physician issues a final medical report stating the diagnoses of the injuries and their opinion as to the prognosis, the evaluation of the case for settlement can begin.
The Law Office of A.J. Mitchell, P.L.C. handles personal injury claims on a contingency fee basis. This means that the attorney fee and expenses are deducted from the settlement or award. No attorney fee is paid unless you win your case.
Foreclosure law governs the process of a bank or financial institution foreclosing on a home – or insisting that the occupant vacate the premises. Typically, the home will be then sold to regain monetary interest in the home. In Arizona, foreclosure actions are known as trustee sales.
Typically, when you become late on payments, you will be sent late notices. After a certain period of time, you may be required to send the full amount of the home cost. Then, the financial institution will take you to court and the financial institution will seek ownership of the home.
The laws vary from state to state, however, you typically do not have to actually vacate your home in the foreclosure process. After the financial institution seeks ownership of the home, you become a sort of ‘tenant,’ forcing the institution to go through an eviction process.
Generally, paying the amount of money that you are in arrears for will stop the foreclosure of your home. If you’re unable to do that right away, filing bankruptcy can significantly slow the process so that you have a chance to catch up. A lot of this will depend on how aggressive your financial institution is.
Many people do not hire an attorney when they are facing foreclosure, however an attorney is recommended. An attorney knowledgeable in foreclosure can help you determine your options and be sure that you are within the laws as you fight to keep your home and avoid a deficiency judgment.
This is depending upon the financial institution and the laws and statutes in your state. Typically, when three to six payments are missed, the financial institution will start the foreclosure process.
No. In order for the bank to make you leave your home, they must first seek a court order stating that you have to leave. In order for this to happen, several processes must be followed and this can take months.
You shouldn’t avoid your bank or financial institution. Call them immediately and let them know the situation and why you are going to miss a payment. Chances are, they will work with you to ensure that you get caught up as soon as possible.
You could be, but it usually happens when a homeowner does not contact the financial institution with plans to catch up in payments. In order for you to be forced to pay the full amount, the financial institution will need to get a court order and obtain a deficiency judgment between what you owe and what the home was sold for.
Typically, yes it does. However the laws are different for different states. Most places require for the foreclosure notice to be published in local newspapers more than once during the process.
Commercial litigation or business litigation is the broad area of law that deals with resolving disputes in commercial settings stemming from professional and commercial relationships through alternative dispute resolution methods and court trials.
Alternative dispute resolution is the method by which legal conflicts and disputes are resolved privately rather than through litigation. These disputes are usually resolved through either mediation or arbitration. It typically involves a process less formal than traditional court proceedings and includes the appointment of a third party to preside over a hearing between the parties.
Failure to perform as specified in a contract, or provisions of a contract, without legal excuse is a breach of contract. The following damages can be recovered in the event of breach of contract:
If you own or manage a business, chances are you either already are confronted with business litigation or will be in the near future. Almost all business people confront litigation or the threat of litigation in the course of their business, whether they are Fortune 500, small or medium size companies, closely-held or family owned businesses, internet start-ups or individual entrepreneurs. If your business has suffered damage as a result of the conduct of another, then taking legal action may be your only remedy. Often times, securing compensation can mean life or death for a fledgling or well-established business as well as the individuals who own or manage it. Failing to promptly address your legal rights may result in the loss of those rights or, even worse, may cripple or destroy your business. When you are threatened with litigation, it will probably cost you money to solve the problem, even if you are right. Ignoring the problem won’t make it go away, especially if you have been served with court papers or a notice or demand pursuant to a contract. And, failure to respond in a timely manner may cause you to lose your legal rights.
One of the most important things you can do is to retain all paperwork regarding the dispute. Not only does a paper trail make your lawyer's job easier, but judges and juries may find your case more believable when documents support your position. Contact an experienced commercial litigation lawyer. An attorney may be able to advise you so that litigation can be avoided or set the stage in the event that litigation is required.