Mitchel Yearin P.L.C

Personal Injury

What is considered a personal injury?

A personal injury is any physical or mental injury to a person as a result of someone's negligence or harmful act.

What do you mean by "personal injury"? What sorts of cases does this include?

"Personal injury" is a broad term that means any kind of accident or occurrence that leads to bodily injury. Here are some examples:

car accidents
truck accidents
motorcycle accidents
medical malpractice
pedestrian and bicycle accidents
slip and fall
dog bites
nursing home abuse
products liability (injury from a defective product),
wrongful death cases
and others

While car accidents account for the majority of personal injury claims, the law firm of Mitchell & Yearin, 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.

How do I know if I have a personal injury claim?

You must be able to show that you have been injured and that your injury was caused by another individual’s negligence.

How much is my case worth?

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.

When is the best time to hire an attorney?

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.

What is negligence?

Negligence is any conduct that falls below the standards of care established by law for the protection of others against unreasonable risk of harm.

Why do I need a lawyer if I have been injured?

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.

What if the other person's insurance company contacts me after an injury and wants a recorded statement?

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.

How long do I have to make a claim for personal injuries?

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.

How long will it take to settle my personal injury claim

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.

How can I afford to pay for an attorney?

Mitchell & Yearin, 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

What exactly is foreclosure law and what does it cover?

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.

What happens during a foreclosure / trustee sale?

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.

How many notices must be sent before the financial institution can seek foreclosure?

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.

Is there any way to stop foreclosure of my home?

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.

Do I need a foreclosure law attorney?

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.

How many payments must a homeowner miss before foreclosure begins?

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.

Can the bank simply come and demand that I leave my house?

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.

What are some important things to do when you know you’ll miss a house payment?

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.

Could I be forced to pay the full amount I owe on my home?

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.

Does the home foreclosure have to be published in local papers?

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.

Business Litigation, Arbitrations & Mediation

What is commercial litigation or business litigation?

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.

What are some common types of complex commercial litigation?

Employment Agreements
Purchase / Sale Agreements
Trademarks and Tradenames
Promissory Notes, UCC1, Security Agreements
Business Negotiations
Commercial Leases
Franchise
Breach of Contract
Business Divorce
Restrictive Covenant
Shareholder Disputes
Partner Disputes
Member Disputes
Vendor Agreements
Non-compete Agreements
Third party Contracts
Purchase/sale Agreements
Nondisclosure Agreements
Severance Agreements
Arbitration Agreements
Employment Agreements
Independent Contractor Agreements
And more...

What is alternative dispute resolution?

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.

What is a breach of contract and what damages can I recover in the event of a breach of contract?

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:

Compensatory Damages - money to reimburse you for costs to compensate for your loss.
Consequential and Incidental Damages - money for losses caused by the breach that were foreseeable.
Attorney fees and costs - recoverable if provided for in the contract and per statute, but attorneys’ fees must be reasonable
Liquidated Damages - these are damages specified in the contract that would be payable in the event of a breach.
Specific Performance - a court order requiring performance exactly as specified in the contract.
Punitive Damages - this is money given to punish a person who acted in an offensive manner in an effort to deter the person and others from repeated occurrences of the wrongdoing. In a straight breach of contract.
Rescission - the contract is canceled and both sides are excused from further performance and any money advanced is returned.
Reformation - the terms of the contract are changed to reflect what the parties actually intended.

Why Should I Worry About Business Litigation?

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.

What should I do if I am involved in a business litigation dispute?

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.

General

You've just been sued and can't afford an attorney - What should you do?

Take Action Quickly

When served with a lawsuit in Arizona, you may have at little as 20 days in a civil action which to file a responsive pleading, so don't wait, or else a default judgment could ensue;
Consider contacting an attorney who offers free initial consultations;
If you will be representing yourself, file either a Motion to Dismiss (not favored in Arizona) or file an Answer.

Filing an Answer

When filing an Answer to a civil complaint, you are to admit or deny the allegations contained in the complaint - the idea here is if an allegation could reasonably be denied, it should be.
You are to list your affirmative defenses. See Rules 8 and 12 Arizona rules of civil procedure. (i.e. failure to state a claim upon which relief can be granted, failure to mitigate damages, statute of limitations, etc.)
Bring any counterclaims you have. Generally, if you have any claims against the person who sued you, you should bring those claims or risk the possibility of being barred from bringing them.
Sign and date the pleading.
Talk with the clerk of the court for specifics of filing in that court.
Pay the filing fee and file the original at the court in which the complaint was filed.
Get a couple of conformed (court-stamped) copies of the document.
Keep one for yourself and provide the other copy to the opposing side.