Recent Blog Posts

Additional Tips for Fire Loss Victims

Michele — Tue, 21 Jun 2011 17:59:00 GMT

Contacting Others

It’s a hard time, yet remember to tell friends and relatives what has happened and that you are safe. If you move to temporary housing, begin notifying the people on your emergency contact list. Additionally, be sure to call the police department and tell them if you will not be in the home for an extended period of time.

NOTE: You may need to make immediate arrangements to secure your property. Ask the fire department about service companies available in your area.

Also consider alerting the following companies about the fire and your temporary change of address:

any delivery services (water, newspapers)
Post Office (to change your mailing address)
Utility companies
Your bank
Your insurance company
Credit card companies
Social Security Administration
Employers
Schools
Neighbors (at least one of them)

Some of these organizations may have next-step instructions for you. You can contact any of these groups for information and possible assistance.

TheAmerican Red Cross
Civic organizations
Department of Social Services
Local humane society
Your insurance agency
Nonprofit crisis counseling centers
Religious organizations
Salvation Army

You can ask the American Red Cross and other volunteer organizations for help with your immediate needs, such as:

Cleanup kit
Clothing
Counseling
Eyeglasses
Food
Hearing aids or other prosthetic devices
Medicine
Other essential items
Other physical aids
Pet needs

Temporary Housing

For temporary housing - get this info:

Date and length of stay at
American Red Cross shelter location (866) GET-INFO [(866) 438-4636]
Other local relief shelter and phone number:
- Hotel/Shelter Name
- Address
- Phone
- Room #
- E-mail

Friend or family member's house
- Address
- Phone
- E-mail

Provide appropriate people with your temporary housing and contact information and, if necessary, an alternate contact (phone and e-mail) in case you are unavailable.

Proof of Loss: The insurance company may require a “proof of loss” form, as well as documents relating to your claim, such as medical and home repair bills, bids and receipts. Be prepared to show photos that detail every room in your house before the damage. TIP : No Photos? Lost your photos or inventory in the fire? Contact relatives and friends - they may have photos from holidays, birthdays, dinners and other events you hosted in your home. Ask them for copies to show your agent.

TIP: Tax-Deductible: Some fire losses are tax deductible. Keep receipts of what you spend for repairs or replacements, as well as those for living expenses, to help calculate your return. Contact your local IRS office for publication 547 (Tax Information on Disasters, Casualty Losses and Thefts). By filing Form 1045, (Application for Tentative Refund), you may be able to receive a quick refund. Check with your tax attorney, insurance agent or accountant.

Salvaging Your Belongings

Here are a few things to consider as you begin the process of re-entering your house. This is NOT a comprehensive list, but it can help you get started.

Be safe, be smart.
After a fire, homes can be a dangerous environment because of structural damage or electrical or other hazards.
You should wait until authorities have declared it is safe to return to your home. Then, work with local authorities and/or your insurance agent regarding re-entering your home.
Using graph paper, sketch a site plan of your property that notes the location of gas, electricity and water meters, if you know where they are located. Take this with you when you return to your home in case you need to turn the utilities off.
Mentally prepare.
- Know that this process is emotional and very tiring.
- If you have a hard time coping with the destruction, ask for help. Relief organizations often offer access to or info about counseling services.
Re-entering your home should happen during daylight hours for maximum visibility. Artificial light may not be available due to power loss.
When going through the house with an agent or fire official, find out what you need to wear and bring.
Ask what you will need to note, and what you are allowed to touch (if anything), and let them know you will be recording the visit with a video recorder and/or camera (that you have borrowed from a friend in case yours was in the fire).
Gather supplies to bring with you.
- Be sure you bring a backpack to carry your supplies in or something that allows you to be hands-free. Bring garbage bags to carry what you recover or can salvage.
- Wear thick rubber gloves, a dust mask and goggles (to protect your lungs and face), and thick-soled boots.
- Grab your flashlight (even in daylight to help you spot items) and a wooden stick for going through the debris.
Be careful walking around your property. After a fire, steps and floors may be covered with debris, including nails and broken glass.
If you see downed lines or sparks, or smell burning with no visible fire, or smell the "rotten eggs" odor that is added to gas, leave immediately and notify the authorities.
Look for exterior structural damage on the remains of the house.
Do not go under or near any remaining walls, chimneys, roofs and trees. They may be structurally unsafe.
Take pictures of EVERYTHING. The pictures will help your insurance claim process. Take pictures/video of the exterior and debris at all angles, all sides no matter what is or isn’t left. Take wide and close-up shots.
When you walk through your property, if you haven't yet retrieved important documents, attempt to get:
- Personal identification: driver's licenses, Social Security cards, marriage licenses, birth and death certificates
- All insurance information (life, home, health, car)
- Medical/medication information, including eyeglasses, hearing aids or other prosthetic devices
- Valuables, such as credit cards, bank books/account numbers, photos, and jewelry
- Any statements, including mortgage, utilities, and other monthly bills
When you find your belongings:
- Take a picture of the item before you touch it.
- Place each item in a plastic garbage bag.
- If large objects, like a sofa, are salvageable, cover them with a tarp.
After, make a list of all the items you saw or recovered, their serial numbers and their current condition (i.e. blue couch, water damaged, 3 cushions missing). This will help your insurance claim. Again, take pictures and videotape items.

TIP: Hold Everything . Do not throw away any damaged goods until after an inventory is made. All damages are taken into consideration in developing your insurance claim.

TIP: MakeA Wedding Registry: "My parents had a house fire that was such a complete loss - there was very little remaining from which to compile an inventory of contents.

To help jog their memories, they went to Target and created a wedding registry, then they walked through the store and scanned the items they lost in the fire.

Granted, the items they lost weren’t exactly the same, but it gave them a printed list of like items to use to create their property claim. We all got a good chuckle about my 45-year-married parents having a “new wedding date”. - Jill A., MN
Once you have determined what is unsalvageable, find a place to put discards. Make it easily accessible for removal by truck or consider renting a portable trash container.
Remember to take food and water breaks as you are salvaging. You don’t have to get all the salvaging done in one day. Come back the next day and continue your work.
Determine what cleaning tasks you will undertake or hire professionals to handle.
- Need to clean your clothing or salvaged items?
TIP: Cleaning Up:The insurance company may recommend that you clean your items rather than pay to replace them. Understand that the fumes and smoke smell may never be removed from some items. It is up to you to negotiate this with the insurance company.
Understand that the salvaging and cleaning process can take months.

Tips for Filing Your Fire Damage Claim

Michele — Tue, 21 Jun 2011 17:03:00 GMT

Tips For Filing Your Fire Damage Claim

Has your home or property been damaged as a result of the local Sierra Vista Monument fire? Here are some tips that may help you file your claim with your homeowner's insurance company:

1. Know Your Policy. After a fire, you are probably looking at your fire damaged home and property wondering.."What exactly should I include in my fire damage claim?". The truth is...it all depends on your insurance policy and the type of coverage you have. The very first thing you should do is locate a copy of the actual policy and the contract that you've signed with your insurance company. If you don't have one, or it's buned, contact your insurance company and have them provide you with one. Once you have your policy, read it carefully, highlight everything that's covered and underline everything that you are unsure of. Sit down with someone from your insurance company and ask them to clarify anything you are uncertain of. Once you are completely clear of your policy, you should have a much better idea of what is covered, and what to include in your fire damage insurance claim.

2. Get Damage, Repair, and Destruction Estimates IN WRITING. The next step in filing a fire damage insurance claim is getting an estimate of the damages. When you do this, make sure you get copies of eveything in writing. The insurance company will ask for this and use it in determining your payout. If your house will require repairs and rebuilding, be sure to get written estimates of this as well.

3. Gather All of the Required Information. Every company is different in what they require in a fire damage insurance claim, but there is some essential information that almost all companies will ask for. These items include things like: the date of the fire, the location of the damage, a report on the condition of the home, a complete damages list, repair estimates, and estimates of all replacement needs.

4. Keep All Documentation. It is always better to be safe than sorry when going through the process of filing a fire damage insurance claim...KEEP EVERYTHING. Make copies of every single piece of paper, every estimate and every receipt that you have. Keep it together in a folder, you never know when you will need it or what your insurance company might ask for. The insurance company may have several different adjusters assigned to your case and you will want to make sure that your claim is being processed smoothly.

5. Keep a Notebook of all Conversations. Document each conversation in your notebook and include the following:

Date and time of phone call/meeting
Full name of person you spoke with
Items and tasks discussed
Next steps to be taken, deadline for completion and who is responsible
Ask how to proceed and what forms or documents will be needed to support your claim.
Ask if any information is needed from the fire department in order to process your claim. If so, what type of information?
Again, if you are receiving money from the insurance company, be sure you understand where it is coming from and how it affects what other settlements you expect and accept.
Ask how to proceed and what forms or documents will be needed to support your claim. Again, ask how accepting procedures along the way affects your ability to question anything later.
Ask when someone from the insurance company will arrive to assess the damage.
Date:
Time:
Name of insurance representative:
Contact number/email:

6. Some Common Questions to Ask and Discuss With Your Insurance Carrier:

Will my insurance pay for temporary housing or business relocation?
Should I sign a contract with a repair contractor right away?
What notices must I give?
What constitutes “Proof of Loss” and what are my contractual “Duties after a Loss”?
What is Actual Cash Value (“ACV”) versus Replacement Cost Value (“RCV”)?
Do I have Extended Coverage, Business Loss Coverage and Consequential Loss Coverage?
Will my policy cover restorations that meet new building codes?
What does it mean to mitigate my damages?
What are my duties under the policy?
Will I be covered should theft or vandalism occur following the fire?
Will my vehicles be covered if damaged or destroyed by the fire?

3 Most Common Errors That Lead to Teen Drivers’ Crashes

Michele — Tue, 12 Apr 2011 16:30:00 GMT

Teen drivers get into serious accidents at a high rate because they fail to scan for possible hazards, go too fast for road conditions, or become distracted by something inside or outside their cars.

A recent study by The Children’s Hospital of Philadelphia and State Farm Insurance Companies hones in on the most common errors teen drivers make that lead to a serious crash.

Teen drivers are involved in fatal crashes at four times the rate of adults, according to the study, which was published in the journal, Accident Analysis and Prevention.

Researchers analyzed more than 800 crashes involving teen drivers and identified a few common “critical errors” that are often one of the last in a chain of events leading up to a crash. Seventy-five percent of these crashes were due a critical teen driver error, with three common errors accounting for nearly half of all serious crashes.

Among crashes with a teen driver error:

Twenty-one percent occurred due to lack of scanning that is needed to detect and respond to hazards.
Twenty-one percent occurred due to going too fast for road conditions, (for example, driving too fast to respond to others, or to successfully navigate a curve).
Twenty percent occurred due to being distracted by something inside or outside the vehicle.

The researchers said that environmental conditions, such as poor weather, vehicle malfunction, aggressive driving, or physical impairments such as drowsy driving were not primary factors in most crashes.

“This study helps dispel the myth that most teen crashes are due to aggressive driving or thrill-seeking,” said Allison Curry, Ph.D., lead author and a researcher at The Children’s Hospital’s Center for Injury Research and Prevention. “Promoting safe driving skills is as important as preventing problem behaviors.”

The authors say that by getting specific about the types of teen driver errors that are most likely to precede a crash, the study makes it possible to target programs, driver education and other strategies to reduce those critical errors and prevent crashes from happening.

“Laws and policies that address distractions by limiting the number of peer passengers and prohibiting cell phone use among novice drivers will help reduce crash rates, but will only address part of the problem,” said study co-author Dennis Durbin, MD, MSCE, who co-directs CIRP. “Many crashes will still occur due to the inability of teen drivers to detect and respond to a hazard in time. Formal teen driver training and parent-teen practice drives should focus on building scanning and hazard awareness skills.”

Scanning involves observing the surroundings far ahead of the vehicle and side-to-side, not just immediately in front of the hood. It is a higher-level skill that experienced drivers develop over time. The study authors note that developing effective ways to teach this skill sooner in the learning-to-drive process could reduce teen crash risk. Pilot tests of this type of training have shown promise in increasing hazard detection and response skills among novice drivers.

“This research gets us one step closer to understanding why teens crash and what we can do to help prevent future crashes,” said Cindy Garretson, director of Auto Technology Research at State Farm, who urged graduated driver licensing laws, along with educational programs that are focused on common teen driver errors.

Have you been injured as a result of a negligent driver? Call Sierra Vista attorney Perry Hicks. We can help! The consultation is always free and our friendly staff is here to help you in any way we can!

Arizona Court Rules Parents are Liable for Their Children's Auto Accidents

Michele — Tue, 12 Apr 2011 16:15:00 GMT

The Arizona Supreme Court has ruled that parents of minors are on the hook financially for auto accidents that occur, even when the children are violating their parents’ instructions.

The high court’s decision in Amy Young v. Kenneth L. Beck and Barbara Beck follows one in 2010 by the mid-level Court of Appeals. That court held that the parents of a 17-year-old Jason Beck were liable for an accident that caused serious injuries to another driver, Amy Young.

The accident occurred after Beck drove friends around, although his parents had told him after a previous accident that he could only drive to school, church or work.

The parents, Kenneth and Barbara, argued that they shouldn't’t be held liable when their son drove the family car in violation of restrictions they imposed.

The court of appeals said the family purpose doctrine should not be abolished. The doctrine “subjects the owner of a [vehicle] to vicarious liability when the owner provides an automobile for the general use by a family member,” court documents explain. “The family purpose doctrine imputes liability not because of the head of the family’s independent fault or breach of a legal duty, but because of the ‘agency relationship that is deemed to exist between the head of the household and the driver of the family car.’”

Moreover the high court said the doctrine does not require that a parent give permission for every possible route taken or deviation made by a family member while operating the vehicle. Excusing the parents from liability because they did not give their son permission to drive the car recreationally would enable parents to “immunize” themselves from liability by imposing unrealistic or unenforced limitations on their child’s use of the vehicle, the court said.

The Supreme Court of Arizona affirmed the ruling of the Court of Appeals from the Superior Court in Maricopa County, saying “although policy arguments can be made for and against the [family purpose] doctrine, it is firmly entrenched in our common law and has been repeatedly applied by Arizona courts.”

If you have been injured as a result of an automobile accident, Sierra Vista Attorney Perry Hicks can help. Call our office today for a free consultation.

DOT proposes rear view visability rule to protect kids and elderly

Michele — Thu, 10 Feb 2011 23:23:00 GMT

The U.S. Department of Transportation has proposed a new safety regulation to help eliminate blind zones behind vehicles that can hide the presence of pedestrians, especially young children and the elderly. The proposed rule was required by Congress as part of the Cameron Gulbransen Kids Transportation Safety Act of 2007. Two-year old Cameron Gulbransen, for whom the Act is named, was killed when his father accidentally backed over him in the family’s driveway.

The proposal, issued by the National Highway Traffic Safety Administration (NHTSA), would expand the required field of view for all passenger cars, pickup trucks, minivans, buses and low-speed vehicles with a gross vehicle weight rating of up to 10,000 pounds so that drivers can see directly behind the vehicle when the vehicle’s transmission is in reverse. NHTSA believes automobile manufacturers will install rear mounted video cameras and in-vehicle displays to meet the proposed standards. To meet the requirements of the proposed rule, ten percent of new vehicles must comply by Sept. 2012, 40 percent by Sept. 2013 and 100 percent by Sept. 2014.

"The steps we are taking today will help reduce back-over fatalities and injuries not only to children, but to the elderly, and other pedestrians," said NHTSA Administrator David Strickland. "And while these changes will make a difference, drivers must remember that no technology can, or should, replace full attention and vigilance when backing up. Always know where your children are before you start your car and make sure you check that there is no one behind you before you back up."

NHTSA estimates that, on average, 292 fatalities and 18,000 injuries occur each year as a result of back-over crashes involving all vehicles. Of these, 228 fatalities involve light vehicles weighing 10,000 pounds or less. Two particularly vulnerable populations – children and the elderly -– are affected most. Approximately 44 percent of fatalities involving light vehicles are children under five–an unusually high percentage for any particular type of crash. In addition, 33 percent of fatalities involving light vehicles are elderly people 70 years of age or older.

If you or a loved one have been injured in an an automobile accident, call the Law Offices of Perry Hicks, PC. Perry Hicks has served the legal needs of the people of Arizona for over 25 years. Keep our number in your phone in case of an emergency. Our telephones are answered 24/7.

Arizona Crash Facts. Have You Been Injured in an Accident?

Michele — Tue, 01 Feb 2011 16:21:00 GMT

As a Sierra Vista Attorney, I am here to help when you need it most. According to the Arizona Motor Vehicle Department (2009), your odds of being injured or killed in a vehicle accident are probably greater than you think. Here is what they have found:

Approximately 2.21 persons were killed each day.
One person was killed every 10.88 hours.
There were 138.56 persons injured every day.
One person was injured every 10.39 minutes.
Alcohol Related crashes accounted for 5.48% of all crashes and 34.41% of all fatal crashes.
Of all alcohol related crashes, 75.78% occurred in Urban areas and 24.22% occurred in Rural areas, while 44.26% of all alcohol related fatal crashes occurred in Urban areas and 55.74% occurred in Rural areas.
Single vehicle crashes accounted for 17.90% of all crashes and 45.13% of all fatal crashes.
Of all Pedestrian crashes, 7.94% were fatal while 1.25% of Pedalcycle crashes were fatal.
Crashes which occurred during daylight hours (6:00 a.m. to 6:00 p.m.) accounted for 73.2% of all crashes.
Motor vehicle crashes resulted in $2.757 billion in economic losses to Arizona.
Children age 14 and younger accounted for 43 fatalities and 4,093 injuries in motor vehicle crashes.

If you have been injured in an accident, give us a call. We can help you deal with the insurance company, getting your vehicle repaired, getting a rental car, and most of all, getting you compensation to deal with your medical bills, lost earnings, pain and suffering. Keep our telephone number in your phone so you are ready if you should ever need us. Our telephones are answered 24/7. (520) 459-6400.

What happens now that I have hired Perry Hicks for my personal injury case?

Michele — Mon, 28 Jun 2010 16:19:00 GMT

1) Perry Hicks and his staff will begin to gather all the facts and information about your case. Medical records and medical bills and other documents will be ordered. Your file will begin to grow.

2) If the responsible party's insurance carrier information is known, we will contact them and advise them that we represent you in this matter and put them on notice of your claim. If not, the person or company that injured you will be contacted, usually by registered mail letter and put on notice of your claim. They will be instructed to have their insurance company or representative get in touch with us in a reasonable amount of time, usually between 14 and 28 days.

3) Once the insurance carrier is in touch with us, your file will be expanded to include every pertinent fact, document and record necessary to validate your claim. These will be comprehensively and professionally assembled and presented to the insurance carrier’s adjuster. This process often takes many months, and it is important that it be thorough.

4) What do we have to show them on your behalf? Your personal injury case has TWO PARTS, both of which must be thoroughly prepared in order to maximize your recovery.

First is Liability or Wrongdoing. We must show that the party that hurt you was at fault and that the party’s conduct or actions were negligent and/or reckless.

Second are Damages. We must be able to prove your damages and document or justify everything that is claimed. These include your medical bills, lost wages, lost companionship, pain and suffering, disfigurement, scarring, permanent injury as well as disruption and compromise of lifestyle. The expertise and creativity of the Law Offices of Perry Hicks, P.C. is very important in this process.

5) Once your case, in its entirety, is presented to the other side’s insurance carrier, they will review it and quite often, negotiations will begin as to what a proper value is for the case. We always discuss the value of your case with you and present a demand for money damages that is HIGHER than our studied appraisal of your case because, since the beginning of time, no insurance carrier has ever done anything but offer a sum that is LOWER than their valuation of your case. Thus begins the back and forth negotiations to place a fair value of your injuries.

6) Most cases get settled, but the process takes time . The case cannot be settled piecemeal, so we ask for your help and your patience. We confer with you, keep you posted with what’s going on and seek your input and comment.

7) An important note about communication between our clients and us. In our office, we always ask our clients to call us with whatever is on their minds. We need and want to know what you are thinking. Often, your thoughts help us create new or stronger approaches on your behalf. It may take a day or two (hopefully not!) before we can get back to you but we always will. Our telephones are usually answered 24/7.

8) Also, an important note about ‘smaller’ case: We handle these too and do so enthusiastically. As with all of our clients, we are open, honest and candid with clients who have smaller cases. If there is a way to help, we want to do it. But, we do not lead our friends and clients down “The Primrose Path” and have them believe that we can make “a silk purse out of a sow’s ear”; We simply will not over-promise, over-sell or over-hype any client’s case or prospects.

9) Once your case is settled, the money will be sent, your fees and expenses will be paid, any outstanding medical bills, liens and the like will be taken care of or addressed and you will receive the net proceeds, always in the form of our office’s Trust Account check. Almost always (please consult with your tax representative), this money is TAX FREE. You do not pay taxes on proceeds received from physical injury unless it is compensation for lost wages. You will sign documents, called Releases, that signify you are dropping your pursuit of your claim in return for the money received.

10) Then, the case is over and while we hope you will stay in touch with us and refer others to us, we earnestly hope we never have to help you again on an injury claim. We want you to be safe and stay safe out there!

11) BUT, what if the insurance company doesn’t want to resolve your case or wants to stall and stall or declares that they don’t think your case has the value we feel it has. In that case, we proceed to a very formal action.

12) We file a lawsuit in the proper courthouse and serve it on the offending parties. In those papers will be contained our specific allegations of wrongdoing against the negligent and/or offending parties along with our claim for recovery and payment of money damages and a request for a Jury Trial.

13) From the time of filing the suit, and if the matter proceeds to trial, you can generally expect a year to two years before the matter ends up in trial. What happens along the way?

14) Generally, the lawsuit-called a COMPLAINT-is responded to by a lawyer representing the interests of the party sued and their insurance carrier. This is called the ANSWER. It is usually received with 30 to 60 days of the filing of the COMPLAINT .

15) After the ANSWER is received, there is generally a Five Part Process that takes place over time that leads to the courthouse. Now, cases do get settled at many points along the way, but usually, most if not all of these Five Parts have to be completed before there can be resolution before trial.

16) Part One: WRITTEN DISCOVERY: Each side sends written questions and requests for production of documents, records, photographs and the like to the other side. These are answered and returned and obviously, studied and analysed. This process generally takes around 120-180 days.

17) Part Two: DEPOSITIONS OF PARTIES AND FACT WITNESSES: A deposition is a sworn statement, taken down and transcribed by a Court Reporter, that is comprised of questions and answers between lawyers and parties and other witnesses. Almost all depositions take place in a lawyer’s office but they are assigned the same solemnity as though they were being held in a courthouse with a Judge presiding. They are very, very important and when your deposition is to be taken, your lawyer will prepare you for what to expect. Besides the parties to the lawsuit being questioned, such others as police, treating doctors and witnesses to events get deposed.

18) Part Three: DEPOSITIONS OF EXPERTS: Sometimes a case warrants the investigation and participation of Expert Witnesses. Such Expert Witnesses might be doctors who have been asked to independently review one side or another’s position, highway engineers, accident reconstructionists, care planners, mechanical engineers, biomechanical engineers or even auto mechanics.

19) Part Four: GENERAL and SPECIFIC HOUSEKEEPING: All cases, once they get to this stage, have loose ends, things that need to be further explored, addressed, investigated, looked into. This may entail a few more depositions, conferences, some more analysis or something else. Each case is different and each case always needs some “tightening up” at this time.

20) Part Five: (This may or may not be available on your case as they are voluntary.) ADR or ALTERNATIVE DISPUTE RESOLUTION. Most of the time, this is in the form of MEDIATION. By this time, each side has a pretty good idea of what the case is about, what the positions of each side are, how strong or weak liability is, the scope of damages claimed and other factors such as backgrounds of parties, strength and/or weakness of various witnesses and many, many other intangible factors. Usually, both sides agree upon an impartial, effective and neutral third party with whom all parties and lawyers gather and together, there is a joined effort at negotiation and settlement of the case. This kind of meeting usually takes about a day and involves each side laying out its positions and then the mediator working with both sides, back and forth, trying to bring the sides together. Mediations are extremely helpful exercises and are usually successful.

21) But, what if all of this DOES NOT get your case resolved and settled? Then, we go to the courthouse and have a TRIAL. A trial is what you see on TV but generally, it’s much more dignified, more formal, surely much longer than an hour in prime time and there are no commercials. It is an intricate yet straightforward presentation of your case and the presentation of the other side’s case to a jury before a presiding judge. We will discuss jury trials in a future post.

Welcome to our Personal Injury Blog

Personal Injury Lawyer — Fri, 09 Apr 2010 18:51:00 GMT

We are pleased to announce the launch of our Personal Injury blog with an RSS feed available at http://www.thecountrylawyer.com/Blog/Recent-Blog-Posts/RSS.xml