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	<title>Levenbaum Trachtenberg</title>
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	<description>An Injury Law Firm</description>
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		<title>Geoffrey Trachtenberg Interviewed About Hospital Charges</title>
		<link>http://www.ltinjurylaw.com/geoffrey-trachtenberg-interviewed-about-hospital-charges/</link>
		<comments>http://www.ltinjurylaw.com/geoffrey-trachtenberg-interviewed-about-hospital-charges/#comments</comments>
		<pubDate>Sun, 12 May 2013 16:14:41 +0000</pubDate>
		<dc:creator>ltadmin</dc:creator>
				<category><![CDATA[Personal Injury]]></category>

		<guid isPermaLink="false">http://www.ltinjurylaw.com/?p=2468</guid>
		<description><![CDATA[<p>Levenbaum Trachtenberg&#8217;s Geoffrey Trachtenberg was recently interviewed about a recent government report that confirms what most Americans already knew: Hospitals are charging wildly varied prices for identical procedures, and the prices vary from state to state, and hospital to hospital. Trachtenberg, a Phoenix-based personal injury and auto accident attorney who also practices in California and Utah, acknowledged that these pricing variations are difficult for the average person to understand. He helps clients who typically have outrageous medical bills. “The reality is where you go and what facility you chose can have a big impact on the bottom line and your financial future,” Trachtenberg said. Read more&#8230; A link to the full study can be found here.</p><p>The post <a href="http://www.ltinjurylaw.com/geoffrey-trachtenberg-interviewed-about-hospital-charges/">Geoffrey Trachtenberg Interviewed About Hospital Charges</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></description>
				<content:encoded><![CDATA[<p>Levenbaum Trachtenberg&#8217;s Geoffrey Trachtenberg was recently interviewed about a recent government report that confirms what most Americans already knew: Hospitals are charging wildly varied prices for identical procedures, and the prices vary from state to state, and hospital to hospital. </p>
<p>Trachtenberg, a Phoenix-based personal injury and auto accident attorney who also practices in California and Utah, acknowledged that these pricing variations are difficult for the average person to understand. He helps clients who typically have outrageous medical bills. “The reality is where you go and what facility you chose can have a big impact on the bottom line and your financial future,” Trachtenberg said.</p>
<p><a href="http://www.azfamily.com/news/Insured-or-not-hospital-costs-vary-drastically-207009061.html" title="Geoffrey Trachtenberg of Levenbaum Trachtenberg Personal Injury Law Firm Interviewed About Hospital Charges" target="_blank">Read more&#8230;</a></p>
<p><a href="https://www.cms.gov/Research-Statistics-Data-and-Systems/Statistics-Trends-and-Reports/Medicare-Provider-Charge-Data/index.html" target="_blank">A link to the full study can be found here.</a></p>
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<p>The post <a href="http://www.ltinjurylaw.com/geoffrey-trachtenberg-interviewed-about-hospital-charges/">Geoffrey Trachtenberg Interviewed About Hospital Charges</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></content:encoded>
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		<title>Geoffrey Trachtenberg Testifies Against the Abolition of the Collateral Source Evidence Rule</title>
		<link>http://www.ltinjurylaw.com/geoffrey-trachtenberg-testifies-against-the-abolition-of-the-collateral-source-evidence-rule/</link>
		<comments>http://www.ltinjurylaw.com/geoffrey-trachtenberg-testifies-against-the-abolition-of-the-collateral-source-evidence-rule/#comments</comments>
		<pubDate>Thu, 21 Mar 2013 19:12:56 +0000</pubDate>
		<dc:creator>Geoff</dc:creator>
				<category><![CDATA[Civil Practice]]></category>
		<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://www.ltinjurylaw.com/?p=2437</guid>
		<description><![CDATA[<p>During the 2013 legislative session, automobile insurance companies were pushing HB 2239, a bill that would eliminate the collateral source rule that protects injured people in Arizona. The collateral source rule is 250 years old. The essence of the rule is that a defendant is not entitled to benefit from payment of a plaintiff&#8217;s damages from a &#8220;collateral source.&#8221; The rule says that, if anyone should benefit from the payment of damages by a collateral source, it should be the victim and not the victimizer. HB 2239 would change this centuries-old rule to favor only defendants and their automobile insurers. It would allow defendants to introduce evidence of plaintiff&#8217;s insurance, but it would not tell the jury about automobile insurance. Automobile insurers say they want the collateral source rule changed for &#8220;transparency,&#8221; to &#8220;lift back the curtain&#8221; for the jury, and to &#8220;give the jury the whole picture.&#8221; But those automobile insurers only want to show the jury part of the picture. They don&#8217;t trust the jury with true transparency and want to keep hidden from the jury the fact that defendant has insurance. While either parties&#8217; insurance should really not play a role in trial, if you are going to tell the jury about one party&#8217;s insurance in the name of &#8220;transparency,&#8221; shouldn&#8217;t you tell the jury about everyone&#8217;s insurance? The full session is available for viewing here. Geoff Trachtenberg is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on Google+ and Avvo discussing law and helping people with their legal needs.</p><p>The post <a href="http://www.ltinjurylaw.com/geoffrey-trachtenberg-testifies-against-the-abolition-of-the-collateral-source-evidence-rule/">Geoffrey Trachtenberg Testifies Against the Abolition of the Collateral Source Evidence Rule</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></description>
				<content:encoded><![CDATA[<p>During the 2013 legislative session, automobile insurance companies were pushing HB 2239, a bill that would eliminate the collateral source rule that protects injured people in Arizona.</p>
<p>The collateral source rule is 250 years old.  The essence of the rule is that a defendant is not entitled to benefit from payment of a plaintiff&#8217;s damages from a &#8220;collateral source.&#8221;  The rule says that, if anyone should benefit from the payment of damages by a collateral source, it should be the victim and not the victimizer.</p>
<p>HB 2239 would change this centuries-old rule to favor only defendants and their automobile insurers.  It would allow defendants to introduce evidence of plaintiff&#8217;s insurance, but it would not tell the jury about automobile insurance.</p>
<p>Automobile insurers say they want the collateral source rule changed for &#8220;transparency,&#8221; to &#8220;lift back the curtain&#8221; for the jury, and to &#8220;give the jury the whole picture.&#8221;  But those automobile insurers only want to show the jury part of the picture.  They don&#8217;t trust the jury with true transparency and want to keep hidden from the jury the fact that defendant has insurance.</p>
<p>While either parties&#8217;  insurance should really not play a role in trial, if you are going to tell the jury about one party&#8217;s insurance in the name of &#8220;transparency,&#8221; shouldn&#8217;t you tell the jury about everyone&#8217;s insurance?</p>
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<p><a href="http://azleg.granicus.com/ViewSearchResults.php?view_id=21&#038;keywords=hb2239" target="_blank">The full session is available for viewing here</a>.</p>
<p><a rel="me" href="/meet-the-firm/geoffrey-m-trachtenberg/">Geoff Trachtenberg</a> is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on <a rel="author" href="https://plus.google.com/u/0/101010677537702640970?rel=author" target="_blank">Google+</a> and <a href="http://www.avvo.com/attorneys/85003-az-geoffrey-trachtenberg-417105.html" target="_blank">Avvo</a> discussing law and helping people with their legal needs.</p>
<p>The post <a href="http://www.ltinjurylaw.com/geoffrey-trachtenberg-testifies-against-the-abolition-of-the-collateral-source-evidence-rule/">Geoffrey Trachtenberg Testifies Against the Abolition of the Collateral Source Evidence Rule</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></content:encoded>
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		<title>Geoffrey Trachtenberg Testifies Against Class Action Immunity Bill</title>
		<link>http://www.ltinjurylaw.com/geoff-trachtenberg-speaks-out-against-arizona-senate-bill-1452/</link>
		<comments>http://www.ltinjurylaw.com/geoff-trachtenberg-speaks-out-against-arizona-senate-bill-1452/#comments</comments>
		<pubDate>Wed, 20 Feb 2013 06:40:42 +0000</pubDate>
		<dc:creator>Geoff</dc:creator>
				<category><![CDATA[Civil Practice]]></category>

		<guid isPermaLink="false">http://www.ltinjurylaw.com/?p=2411</guid>
		<description><![CDATA[<p>During the 2013 legislative session, the Arizona Chamber of Commerce &#038; Industry has sponsored SB 1452, a bill that would gut fundamental class action protection of Arizona residents. In essence, class actions are designed to protect us from small, but wide-spread wrongdoing. The best use of class actions are when they recover small amounts of money for people who could not otherwise justify filing their own lawsuit to recover money that was wrongfully taken from them. While no one would file their own lawsuit to recover a $5.00 charge improperly collected by a bank, gas station or merchant, for example, these amounts add up to considerable sums. Without class action protection, these wrongdoers would have no incentive to adhere to the law. They would be able to effectively steal small amounts from lots of different people with &#8220;economic immunity&#8221; because no individual could reasonably justify the expense of filing suit to collect such small losses. And, of course, even if someone did file a suit for whatever reason, the worst that could happen is that the wrongdoer would owe that one person $5.00 or whatever small amount was wrongfully taken. Mr. Trachtenberg was asked by the Arizona Trial Lawyers Association to testify against SB 1452. Geoff Trachtenberg is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on Google+ and Avvo discussing law and helping people with their legal needs.</p><p>The post <a href="http://www.ltinjurylaw.com/geoff-trachtenberg-speaks-out-against-arizona-senate-bill-1452/">Geoffrey Trachtenberg Testifies Against Class Action Immunity Bill</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></description>
				<content:encoded><![CDATA[<p>During the 2013 legislative session, the Arizona Chamber of Commerce &#038; Industry has sponsored SB 1452, a bill that would gut fundamental class action protection of Arizona residents.</p>
<p>In essence, class actions are designed to protect us from small, but wide-spread wrongdoing.  The best use of class actions are when they recover small amounts of money for people who could not otherwise justify filing their own lawsuit to recover money that was wrongfully taken from them.  While no one would file their own lawsuit to recover a $5.00 charge improperly collected by a bank, gas station or merchant, for example, these amounts add up to considerable sums.</p>
<p>Without class action protection, these wrongdoers would have no incentive to adhere to the law.  They would be able to effectively steal small amounts from lots of different people with &#8220;economic immunity&#8221; because no individual could reasonably justify the expense of filing suit to collect such small losses.  And, of course, even if someone did file a suit for whatever reason, the worst that could happen is that the wrongdoer would owe that one person $5.00 or whatever small amount was wrongfully taken.</p>
<p>Mr. Trachtenberg was asked by the Arizona Trial Lawyers Association to testify against SB 1452.<br />
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<p><a rel="me" href="/meet-the-firm/geoffrey-m-trachtenberg/">Geoff Trachtenberg</a> is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on <a rel="author" href="https://plus.google.com/u/0/101010677537702640970?rel=author" target="_blank">Google+</a> and <a href="http://www.avvo.com/attorneys/85003-az-geoffrey-trachtenberg-417105.html" target="_blank">Avvo</a> discussing law and helping people with their legal needs.</p>
<p>The post <a href="http://www.ltinjurylaw.com/geoff-trachtenberg-speaks-out-against-arizona-senate-bill-1452/">Geoffrey Trachtenberg Testifies Against Class Action Immunity Bill</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></content:encoded>
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		<title>Q&amp;A: How long do out of state parties have to Answer a Complaint in Arizona?</title>
		<link>http://www.ltinjurylaw.com/qa-how-long-do-out-of-state-parties-have-to-answer-a-complaint-in-arizona/</link>
		<comments>http://www.ltinjurylaw.com/qa-how-long-do-out-of-state-parties-have-to-answer-a-complaint-in-arizona/#comments</comments>
		<pubDate>Thu, 24 Jan 2013 01:27:05 +0000</pubDate>
		<dc:creator>Geoff</dc:creator>
				<category><![CDATA[Q&A]]></category>

		<guid isPermaLink="false">http://www.ltinjurylaw.com/?p=2384</guid>
		<description><![CDATA[<p>Question: I&#8217;m aware that parties have 20 calendar days to answer a complaint in Arizona, however, does that same time limit also apply to Defendants that were served out of state, or do out of state parties to a Complaint get 30 calendar days to file an Answer (assuming that there were no waivers filed at any point)? Also, if Defendants fail to Answer a complaint within the time limit and the Plaintiff files a motion for default entry, how does the Court determine the amount of damages in a personal injury case where the Plaintiff didn&#8217;t enter a specific amount (other than stating that the damages are appropriate for the jurisdiction)? Is there a default hearing to determine damages? Answer: Yes, you have 30 days per Rule 4.2(m), Ariz.R.Civ.Proc., to respond to a complaint when served outside the State of Arizona. Yes, if the damages are not stating in the Complaint, and sometimes even when they are, the Court will hold a hearing to determine damages. It is not a &#8220;default hearing,&#8221; because by that time default will have already been established. It is simply a &#8220;damages hearing&#8221; where the plaintiff&#8217;s put on basic damages evidence and request a judgment for the specific amount. Unless it is contested, the Court will generally accept reasonable requests at these hearings. Geoffry Trachtenberg Levenbaum Trachtenberg (602) 271-0183 Geoff Trachtenberg is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on Google+ and Avvo discussing law and helping people with their legal needs.</p><p>The post <a href="http://www.ltinjurylaw.com/qa-how-long-do-out-of-state-parties-have-to-answer-a-complaint-in-arizona/">Q&#038;A: How long do out of state parties have to Answer a Complaint in Arizona?</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></description>
				<content:encoded><![CDATA[<p><strong>Question:</strong></p>
<p>I&#8217;m aware that parties have 20 calendar days to answer a complaint in Arizona, however, does that same time limit also apply to Defendants that were served out of state, or do out of state parties to a Complaint get 30 calendar days to file an Answer (assuming that there were no waivers filed at any point)? Also, if Defendants fail to Answer a complaint within the time limit and the Plaintiff files a motion for default entry, how does the Court determine the amount of damages in a personal injury case where the Plaintiff didn&#8217;t enter a specific amount (other than stating that the damages are appropriate for the jurisdiction)? Is there a default hearing to determine damages?</p>
<p><strong>Answer:</strong></p>
<p>Yes, you have 30 days per Rule 4.2(m), Ariz.R.Civ.Proc., to respond to a complaint when served outside the State of Arizona.</p>
<p>Yes, if the damages are not stating in the Complaint, and sometimes even when they are, the Court will hold a hearing to determine damages. It is not a &#8220;default hearing,&#8221; because by that time default will have already been established. It is simply a &#8220;damages hearing&#8221; where the plaintiff&#8217;s put on basic damages evidence and request a judgment for the specific amount. Unless it is contested, the Court will generally accept reasonable requests at these hearings.</p>
<p>Geoffry Trachtenberg<br />
Levenbaum Trachtenberg<br />
(602) 271-0183</p>
<p><a rel="me" href="/meet-the-firm/geoffrey-m-trachtenberg/">Geoff Trachtenberg</a> is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on <a rel="author" href="https://plus.google.com/u/0/101010677537702640970?rel=author" target="_blank">Google+</a> and <a href="http://www.avvo.com/attorneys/85003-az-geoffrey-trachtenberg-417105.html" target="_blank">Avvo</a> discussing law and helping people with their legal needs.</p>
<p>The post <a href="http://www.ltinjurylaw.com/qa-how-long-do-out-of-state-parties-have-to-answer-a-complaint-in-arizona/">Q&#038;A: How long do out of state parties have to Answer a Complaint in Arizona?</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></content:encoded>
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		<title>Q&amp;A: I was involved in a rear end car accident, I was the driver, my car was hit from behind, can I settle with out a lawyer?</title>
		<link>http://www.ltinjurylaw.com/qa-i-was-involved-in-a-rear-end-car-accident-i-was-the-driver-my-car-was-hit-from-behind-can-i-settle-with-out-a-lawyer/</link>
		<comments>http://www.ltinjurylaw.com/qa-i-was-involved-in-a-rear-end-car-accident-i-was-the-driver-my-car-was-hit-from-behind-can-i-settle-with-out-a-lawyer/#comments</comments>
		<pubDate>Fri, 30 Nov 2012 01:27:31 +0000</pubDate>
		<dc:creator>Geoff</dc:creator>
				<category><![CDATA[Q&A]]></category>

		<guid isPermaLink="false">http://www.ltinjurylaw.com/?p=2386</guid>
		<description><![CDATA[<p>Question: I believe I got whiplash, have constant headaches, and lower back pain. Answer: Don&#8217;t do it. The insurance company and their adjustor want you to settle without a lawyer. That way they can pay less to you and get away with not paying for all of your damages. Hiring a respected lawyer does not cost you anything and typically results in you getting more than you could without a lawyer. My firm, for example, will not accept the case if we cannot do better (on a net basis) for the client than they could do on their own &#8212; and I am sure most other reputable lawyers here would have the same approach. So please speak with someone and do not try to handle this on your own since many people, like myself, are less likely to accept a case in that situation because clients can unknowingly make it harder or impossible for me to be effective once they have made statements or representations to the insurer without my involvement. Good luck. Geoffrey Trachtenberg Levenbaum Trachtenberg (602) 271-0183 Geoff Trachtenberg is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on Google+ and Avvo discussing law and helping people with their legal needs.</p><p>The post <a href="http://www.ltinjurylaw.com/qa-i-was-involved-in-a-rear-end-car-accident-i-was-the-driver-my-car-was-hit-from-behind-can-i-settle-with-out-a-lawyer/">Q&#038;A: I was involved in a rear end car accident, I was the driver, my car was hit from behind, can I settle with out a lawyer?</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></description>
				<content:encoded><![CDATA[<p><strong>Question:</strong></p>
<p>I believe I got whiplash, have constant headaches, and lower back pain.</p>
<p><strong>Answer:</strong></p>
<p>Don&#8217;t do it. The insurance company and their adjustor want you to settle without a lawyer. That way they can pay less to you and get away with not paying for all of your damages.</p>
<p>Hiring a respected lawyer does not cost you anything and typically results in you getting more than you could without a lawyer. My firm, for example, will not accept the case if we cannot do better (on a net basis) for the client than they could do on their own &#8212; and I am sure most other reputable lawyers here would have the same approach.</p>
<p>So please speak with someone and do not try to handle this on your own since many people, like myself, are less likely to accept a case in that situation because clients can unknowingly make it harder or impossible for me to be effective once they have made statements or representations to the insurer without my involvement. Good luck.</p>
<p>Geoffrey Trachtenberg<br />
Levenbaum Trachtenberg<br />
(602) 271-0183</p>
<p><a rel="me" href="/meet-the-firm/geoffrey-m-trachtenberg/">Geoff Trachtenberg</a> is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on <a rel="author" href="https://plus.google.com/u/0/101010677537702640970?rel=author" target="_blank">Google+</a> and <a href="http://www.avvo.com/attorneys/85003-az-geoffrey-trachtenberg-417105.html" target="_blank">Avvo</a> discussing law and helping people with their legal needs.</p>
<p>The post <a href="http://www.ltinjurylaw.com/qa-i-was-involved-in-a-rear-end-car-accident-i-was-the-driver-my-car-was-hit-from-behind-can-i-settle-with-out-a-lawyer/">Q&#038;A: I was involved in a rear end car accident, I was the driver, my car was hit from behind, can I settle with out a lawyer?</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></content:encoded>
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		<title>Q&amp;A: Should we get a lawyer now if we have issues with the insurance company or the other driver who was responsible?</title>
		<link>http://www.ltinjurylaw.com/qa-should-we-get-a-lawyer-now-if-we-have-issues-with-the-insurance-company-or-the-other-driver-who-was-responsible/</link>
		<comments>http://www.ltinjurylaw.com/qa-should-we-get-a-lawyer-now-if-we-have-issues-with-the-insurance-company-or-the-other-driver-who-was-responsible/#comments</comments>
		<pubDate>Wed, 24 Oct 2012 01:21:30 +0000</pubDate>
		<dc:creator>Geoff</dc:creator>
				<category><![CDATA[Q&A]]></category>

		<guid isPermaLink="false">http://www.ltinjurylaw.com/?p=2382</guid>
		<description><![CDATA[<p>Question: My boyfriend is currently in the ER of the local hospital after an auto accident. He was in a chevy suburban, I&#8217;m not sure what the other vehicle was but our vehicle has very little damage and the other&#8217;s entire trunk was crumpled. My boyfriend is now complaining of pain in his wrist, shoulder, back and neck. My boyfriend says she turned right in front of him into his lane when she had a red light and then stopped right in front of him and he would up running into the back end of her vehicle. I know it&#8217;s likely we&#8217;ll have issues getting his medical care completely paid for but should we get legal help before or after we start having issues? Answer: YES, without a doubt. Get a lawyer now to help with everything. Often they can head off problems before they arise and prevent certain minor issues from becoming major issues. While I am happy to assist your boyfriend, please do contact someone reputable. Geoff Trachtenberg Levenbaum Trachtenberg (602) 271-0183 Geoff Trachtenberg is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on Google+ and Avvo discussing law and helping people with their legal needs.</p><p>The post <a href="http://www.ltinjurylaw.com/qa-should-we-get-a-lawyer-now-if-we-have-issues-with-the-insurance-company-or-the-other-driver-who-was-responsible/">Q&#038;A: Should we get a lawyer now if we have issues with the insurance company or the other driver who was responsible?</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></description>
				<content:encoded><![CDATA[<p>Question:</p>
<p>My boyfriend is currently in the ER of the local hospital after an auto accident. He was in a chevy suburban, I&#8217;m not sure what the other vehicle was but our vehicle has very little damage and the other&#8217;s entire trunk was crumpled. My boyfriend is now complaining of pain in his wrist, shoulder, back and neck. My boyfriend says she turned right in front of him into his lane when she had a red light and then stopped right in front of him and he would up running into the back end of her vehicle. I know it&#8217;s likely we&#8217;ll have issues getting his medical care completely paid for but should we get legal help before or after we start having issues?</p>
<p><strong>Answer:</strong></p>
<p>YES, without a doubt. Get a lawyer now to help with everything. Often they can head off problems before they arise and prevent certain minor issues from becoming major issues. While I am happy to assist your boyfriend, please do contact someone reputable.</p>
<p>Geoff Trachtenberg<br />
Levenbaum Trachtenberg<br />
(602) 271-0183</p>
<p><a rel="me" href="/meet-the-firm/geoffrey-m-trachtenberg/">Geoff Trachtenberg</a> is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on <a rel="author" href="https://plus.google.com/u/0/101010677537702640970?rel=author" target="_blank">Google+</a> and <a href="http://www.avvo.com/attorneys/85003-az-geoffrey-trachtenberg-417105.html" target="_blank">Avvo</a> discussing law and helping people with their legal needs.</p>
<p>The post <a href="http://www.ltinjurylaw.com/qa-should-we-get-a-lawyer-now-if-we-have-issues-with-the-insurance-company-or-the-other-driver-who-was-responsible/">Q&#038;A: Should we get a lawyer now if we have issues with the insurance company or the other driver who was responsible?</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></content:encoded>
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		<title>Geoffrey M. Trachtenberg Guest Speaker at APA Learn-at-Lunch Semniar. Topic: Ethical Rule l.l5: Who Gets a Slice of the Pie?</title>
		<link>http://www.ltinjurylaw.com/geoffrey-m-trachtenberg-guest-speaker-at-apa-learn-at-lunch-semniar-topic-ethical-rule-l-l5-who-gets-a-slice-of-the-pie/</link>
		<comments>http://www.ltinjurylaw.com/geoffrey-m-trachtenberg-guest-speaker-at-apa-learn-at-lunch-semniar-topic-ethical-rule-l-l5-who-gets-a-slice-of-the-pie/#comments</comments>
		<pubDate>Fri, 05 Oct 2012 19:38:19 +0000</pubDate>
		<dc:creator>Geoff</dc:creator>
				<category><![CDATA[Civil Practice]]></category>
		<category><![CDATA[Q&A]]></category>

		<guid isPermaLink="false">http://www.ltinjurylaw.com/?p=2363</guid>
		<description><![CDATA[<p>(Download the original PDF APA Newsletter) At the September 12 APA Learn-at-Lunch Seminar, Geoffrey Trachtenberg, Esq., spoke, in detail, about the &#8220;ins&#8221; and &#8220;outs&#8221; of Ethical Rule 1.15. This summary is intended to only touch on the highlights. Anyone working for an attorney works for someone who has to deal with Ethical Rule 1.15 at some point in their law practice. This rule comes into play when attorneys come into contact with any type of property in which their clients might have an interest. The relevant sections of E.R. 1.15 for this topic are (d) and (e), which state: (d) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement between the client and the third person, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property; (e) When in the course of representation a lawyer possesses property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property for which the interests are not in dispute. The parts of this Rule which are unclear are: What is an &#8220;interest&#8221;? &#8220;What is a &#8220;claimed interest&#8221; or &#8220;dispute&#8221;"? E.R. 1.15 is not violated where the lawyer actually has a reasonable, good-faith belief that the third party&#8217;s claim is without substantial merit. All settlement proceeds must go into a specific or general trust account and nothing should be disbursed until the client signs off on a disbursement sheet. All undisputed funds must be promptly disbursed. In Mr. Trachtenberg&#8217;s PowerPoint presentation, he offers a &#8220;Lien Worksheet&#8221; form which he wrote to help with this process. (See http://www.azdocuments.com/ethics/ER115.pdf) The Rule is triggered by an &#8220;interest.&#8221; If there is &#8220;an interest&#8221; by a third party in any funds held by an attorney, the third party is entitled to &#8220;prompt notice&#8221; that the attorney is holding such funds and &#8220;prompt delivery&#8221; of any undisputed funds. Assuming there is &#8220;an interest&#8221; by a third party in any funds held by an attorney, the third party may request a &#8220;full accounting&#8221; of any such funds. All disputed funds must remain in the trust account until the dispute is resolved. An attorney may not unilaterally assume to arbitrate a dispute between the client and the third party, and may not hold the disputed funds indefinitely or until a statute of limitations runs. After a &#8220;reasonable&#8221; period of time, an attorney should file &#8220;an action,&#8221; such as a declaratory relief action or interpleader, to resolve the dispute. Examples of E.R. 1.15 abuse may be found in Mr. Trachtenberg&#8217;s PowerPoint presentation. Mr. Trachtenberg said he &#8220;has problems with the way this Rule is drafted.&#8221; There is an active committee to revise this ethical rule to make it more understandable. Pending changes may be found in R-l1-0024 and R-12-0032, as stated in the PowerPoint slides. Every attorney and every paralegal should be familiar with E.R. 1.15 because it affects each law practice at one time or another, no matter was type of law is practiced. The PowerPoint presentation presented by Mr. Trachtenberg can be downloaded at http://azdocuments.com/ethics/. Also, if you wish to watch Mr. Trachtenberg&#8217;s entire presentation, you can contact an APA board member to find out how to rent the video of the event. Geoff Trachtenberg is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on Google+ and Avvo discussing law and helping people with their legal needs.</p><p>The post <a href="http://www.ltinjurylaw.com/geoffrey-m-trachtenberg-guest-speaker-at-apa-learn-at-lunch-semniar-topic-ethical-rule-l-l5-who-gets-a-slice-of-the-pie/">Geoffrey M. Trachtenberg Guest Speaker at APA Learn-at-Lunch Semniar. Topic: Ethical Rule l.l5: Who Gets a Slice of the Pie?</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></description>
				<content:encoded><![CDATA[<p>(<a href="/wp-content/uploads/GMT-lunch-presentation-102012.pdf" target="_blank">Download the original PDF APA Newsletter</a>)</p>
<p>At the September 12 APA Learn-at-Lunch  Seminar, Geoffrey  Trachtenberg, Esq., spoke, in detail, about the &#8220;ins&#8221; and &#8220;outs&#8221; of Ethical Rule 1.15. This summary is intended to only touch on the highlights.</p>
<p>Anyone working for an attorney works for someone who has to deal with Ethical Rule 1.15 at some point in their law practice. This rule comes into play when attorneys come into contact with any type of property in which their clients might have an interest. The relevant sections of E.R. 1.15 for this topic are (d) and (e), which state: </p>
<p>(d) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement between the client and the third person, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property; </p>
<p>(e) When in the course of representation a lawyer possesses property in which two or more persons (one of whom may be the lawyer) claim interests, the property shall be kept separate by the lawyer until the dispute is resolved. The lawyer shall promptly distribute all portions of the property for which the interests are not in dispute.</p>
<p>The parts of this Rule which are unclear are: What is an &#8220;interest&#8221;? &#8220;What is a &#8220;claimed interest&#8221;  or &#8220;dispute&#8221;"?</p>
<p>E.R. 1.15 is not violated where the lawyer actually has a reasonable, good-faith belief that the third party&#8217;s claim is without substantial merit.<br />
All settlement proceeds must go into a specific or general trust account and nothing should be disbursed until the client signs off on a disbursement sheet. All undisputed funds must be promptly disbursed. In Mr. Trachtenberg&#8217;s PowerPoint presentation, he offers a &#8220;Lien Worksheet&#8221; form which he wrote to help with this process. (See http://www.azdocuments.com/ethics/ER115.pdf)</p>
<p>The Rule is triggered by an &#8220;interest.&#8221; If there is &#8220;an interest&#8221; by a third party in any funds held by an attorney, the third party is entitled to &#8220;prompt notice&#8221; that the attorney is holding such funds and &#8220;prompt delivery&#8221; of any undisputed funds. Assuming there is &#8220;an interest&#8221; by a third party in any funds held by an attorney, the third party may request a &#8220;full accounting&#8221; of any such funds.</p>
<p>All disputed funds must remain in the trust account until the dispute is resolved. An attorney may not unilaterally assume to arbitrate a dispute between the client and the third party, and may not hold the disputed funds indefinitely or until a statute of limitations runs. After a &#8220;reasonable&#8221; period of time, an attorney should file &#8220;an action,&#8221; such as a declaratory relief action or interpleader, to resolve the dispute. Examples of E.R. 1.15 abuse may be found in Mr. Trachtenberg&#8217;s PowerPoint presentation.</p>
<p>Mr. Trachtenberg said he &#8220;has problems with the way this Rule is drafted.&#8221; There is an active committee to revise this ethical rule to make it more understandable. Pending changes may be found in R-l1-0024  and R-12-0032, as stated in the PowerPoint slides. Every attorney and every paralegal  should  be familiar with E.R. 1.15  because it affects each law practice at one time or another, no matter was type of law is practiced. </p>
<p>The PowerPoint presentation presented by Mr. Trachtenberg can be downloaded at http://azdocuments.com/ethics/.  Also, if you wish to watch Mr. Trachtenberg&#8217;s entire presentation, you can contact an APA board member to find out how to rent the video of the event.</p>
<p><a rel="me" href="/meet-the-firm/geoffrey-m-trachtenberg/">Geoff Trachtenberg</a> is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on <a rel="author" href="https://plus.google.com/u/0/101010677537702640970?rel=author" target="_blank">Google+</a> and <a href="http://www.avvo.com/attorneys/85003-az-geoffrey-trachtenberg-417105.html" target="_blank">Avvo</a> discussing law and helping people with their legal needs.</p>
<p>The post <a href="http://www.ltinjurylaw.com/geoffrey-m-trachtenberg-guest-speaker-at-apa-learn-at-lunch-semniar-topic-ethical-rule-l-l5-who-gets-a-slice-of-the-pie/">Geoffrey M. Trachtenberg Guest Speaker at APA Learn-at-Lunch Semniar. Topic: Ethical Rule l.l5: Who Gets a Slice of the Pie?</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></content:encoded>
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		<title>Hospitals Go After Accident Victims&#8217; Settlement Money</title>
		<link>http://www.ltinjurylaw.com/hospitals-go-after-accident-victims-settlement-money/</link>
		<comments>http://www.ltinjurylaw.com/hospitals-go-after-accident-victims-settlement-money/#comments</comments>
		<pubDate>Fri, 14 Sep 2012 07:19:24 +0000</pubDate>
		<dc:creator>Geoff</dc:creator>
				<category><![CDATA[Personal Injury]]></category>

		<guid isPermaLink="false">http://www.lctlaw.com/?p=2348</guid>
		<description><![CDATA[<p>PHOENIX &#8211;The motorcyclists who survived a deadly collision in March 2010 aren&#8217;t feeling so lucky two and a half years later. Not only have their lives been put on hold thanks to countless surgeries, they say they&#8217;re getting hit financially by the people who treated them. Susan Nachand-Prestidge has become close with many of the victims since the accident. Unfortunately, she&#8217;s learned something, none of them can disclose. &#8220;I really don&#8217;t have a doubt that when this hits the air, that people all over the place are going to say, &#8216;Wait a minute, no, no, this is not right,&#8217;&#8221; she said. Nachand-Prestidge lost her father, Clyde, in that accident. He was one of four motorcyclists killed. Five others were severely injured. &#8220;There are several families that are now on welfare and are on food stamps,&#8221; Nachand-Prestidge said. &#8220;I think people would be appalled.&#8221; Even though these families were awarded settlement money to cover everything from lost wages to property damages, according to Nachand-Prestidge, &#8220;It&#8217;s not so they could retire or go on great vacations, it&#8217;s just to keep them where they were or to get them back to where they were.&#8221; But they say they can&#8217;t use their settlement money for that thanks to a little-known practice called balance billing. As attorney Geoff Trachtenberg explains, &#8220;People are shocked to find out they have this extra obligation.&#8221; Balance billing allows hospitals to go back to victims who not only have insurance but also settlement funds to bill them for the remaining balance. A practice legal in Arizona under ARS 33-931. &#8220;This is significant because it represents the injured person having to pay the full retail rate,&#8221; Trachtenberg explained. &#8220;They don&#8217;t get any benefit from their insurance or any benefit of the premiums that they&#8217;ve paid.&#8221; Nachand-Prestidge points out, &#8220;They&#8217;re almost being penalized for this because they had insurance, they&#8217;re playing by the rules, and yet are being re-victimized because they got settlement money.&#8221; In other words, insurance companies and hospitals agree on what medical services will cost long before coverage is needed &#8212; basically, a negotiated rate. &#8220;This is what I still have a hard time wrapping my brain around, it was a negotiated rate so the hospitals said, &#8216;This is fair for the services we gave you and we&#8217;re going to accept that you&#8217;re not going to pay us the full amount,&#8217;&#8221; Nachand-Prestidge said. &#8220;Well, that was agreed upon so why are you going back on your agreement?&#8221; Nachand-Prestidge has a solution. &#8220;If they wanted more money, they should have asked for a higher negotiated rate from the insurance company,&#8221; she said. Trachtenberg estimates Arizona hospitals collect $100 million from balance billing each year. &#8220;It&#8217;s morphed into an extra source of revenue,&#8221; he said. What&#8217;s worse, it&#8217;s getting more and more common. Trachtenberg hears about a case daily. &#8220;If it were up to me, I would fight every single one of these,&#8221; he said. The Health and Hospital Association declined our request for an on-camera interview, saying the issue is too complex. The State House of Representatives passed a bill that would have changed the statute during the last session, but it died in the Senate. For more information on HB 2546 visit www.azleg.gov. Geoff Trachtenberg is the Managing Partner at Levenbaum Trachtenberg, which is an injury law firm. He can be reached at 602-271-0183 or gt@ltinjurylaw.com The office is located at 362 N. Third Ave. in Phoenix. Read more&#8230; Geoff Trachtenberg is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on Google+ and Avvo discussing law and helping people with their legal needs.</p><p>The post <a href="http://www.ltinjurylaw.com/hospitals-go-after-accident-victims-settlement-money/">Hospitals Go After Accident Victims&#8217; Settlement Money</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></description>
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<p>PHOENIX &#8211;The motorcyclists who survived a deadly collision in March 2010 aren&#8217;t feeling so lucky two and a half years later. Not only have their lives been put on hold thanks to countless surgeries, they say they&#8217;re getting hit financially by the people who treated them. </p>
<p>Susan Nachand-Prestidge has become close with many of the victims since the accident. Unfortunately, she&#8217;s learned something, none of them can disclose.</p>
<p>&#8220;I really don&#8217;t have a doubt that when this hits the air, that people all over the place are going to say, &#8216;Wait a minute, no, no, this is not right,&#8217;&#8221; she said.</p>
<p>Nachand-Prestidge lost her father, Clyde, in that accident. He was one of four motorcyclists killed. Five others were severely injured. </p>
<p>&#8220;There are several families that are now on welfare and are on food stamps,&#8221; Nachand-Prestidge said. &#8220;I think people would be appalled.&#8221;</p>
<p>Even though these families were awarded settlement money to cover everything from lost wages to property damages, according to Nachand-Prestidge, &#8220;It&#8217;s not so they could retire or go on great vacations, it&#8217;s just to keep them where they were or to get them back to where they were.&#8221; </p>
<p>But they say they can&#8217;t use their settlement money for that thanks to a little-known practice called balance billing. As attorney Geoff Trachtenberg explains, &#8220;People are shocked to find out they have this extra obligation.&#8221; </p>
<p>Balance billing allows hospitals to go back to victims who not only have insurance but also settlement funds to bill them for the remaining balance. A practice legal in Arizona under ARS 33-931.  </p>
<p>&#8220;This is significant because it represents the injured person having to pay the full retail rate,&#8221; Trachtenberg explained. &#8220;They don&#8217;t get any benefit from their insurance or any benefit of the premiums that they&#8217;ve paid.&#8221; </p>
<p>Nachand-Prestidge points out, &#8220;They&#8217;re almost being penalized for this because they had insurance, they&#8217;re playing by the rules, and yet are being re-victimized because they got settlement money.&#8221;</p>
<p>In other words, insurance companies and hospitals agree on what medical services will cost long before coverage is needed &#8212; basically, a negotiated rate. </p>
<p>&#8220;This is what I still have a hard time wrapping my brain around, it was a negotiated rate so the hospitals said, &#8216;This is fair for the services we gave you and we&#8217;re going to accept that you&#8217;re not going to pay us the full amount,&#8217;&#8221; Nachand-Prestidge said. &#8220;Well, that was agreed upon so why are you going back on your agreement?&#8221;</p>
<p>Nachand-Prestidge has a solution.</p>
<p>&#8220;If they wanted more money, they should have asked for a higher negotiated rate from the insurance company,&#8221; she said.  </p>
<p>Trachtenberg estimates Arizona hospitals collect $100 million from balance billing each year.</p>
<p>&#8220;It&#8217;s morphed into an extra source of revenue,&#8221; he said.</p>
<p>What&#8217;s worse, it&#8217;s getting more and more common. Trachtenberg hears about a case daily. </p>
<p>&#8220;If it were up to me, I would fight every single one of these,&#8221; he said. </p>
<p>The Health and Hospital Association declined our request for an on-camera interview, saying the issue is too complex. The State House of Representatives passed a bill that would have changed the statute during the last session, but it died in the Senate. </p>
<p>For more information on HB 2546 visit www.azleg.gov.</p>
<p>Geoff Trachtenberg is the Managing Partner at Levenbaum Trachtenberg, which is an injury law firm. He can be reached at 602-271-0183 or gt@ltinjurylaw.com The office is located at 362 N. Third Ave. in Phoenix. </p>
<p><a href="http://www.azfamily.com/news/9pm-extra/Hospitals-go-after-Accident-Victims-Settlement-Money--169231136.html" target="_blank">Read more&#8230;</a></p>
<p><a rel="me" href="/meet-the-firm/geoffrey-m-trachtenberg/">Geoff Trachtenberg</a> is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on <a rel="author" href="https://plus.google.com/u/0/101010677537702640970?rel=author" target="_blank">Google+</a> and <a href="http://www.avvo.com/attorneys/85003-az-geoffrey-trachtenberg-417105.html" target="_blank">Avvo</a> discussing law and helping people with their legal needs.</p>
<p>The post <a href="http://www.ltinjurylaw.com/hospitals-go-after-accident-victims-settlement-money/">Hospitals Go After Accident Victims&#8217; Settlement Money</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></content:encoded>
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		<title>Levenbaum Trachtenberg Secures $1 Million Settlement</title>
		<link>http://www.ltinjurylaw.com/levenbaum-cohen-trachtenberg-secures-1-million-settlement-client/</link>
		<comments>http://www.ltinjurylaw.com/levenbaum-cohen-trachtenberg-secures-1-million-settlement-client/#comments</comments>
		<pubDate>Fri, 27 Jul 2012 18:49:32 +0000</pubDate>
		<dc:creator>Geoff</dc:creator>
				<category><![CDATA[Recent Results]]></category>

		<guid isPermaLink="false">http://www.lctlaw.com/?p=2340</guid>
		<description><![CDATA[<p>GOODYEAR, AZ &#8211; Two west Valley bars are entering an agreement to pay out a total of $1 million after a man who was drinking at the establishments was involved in a deadly crash. Alisha Trejo died in October of 2010 when she was hit while on her motorcycle near the intersection of Indian School and Citrus in Goodyear. &#8220;She found joy in everything,&#8221; said her husband Christopher. &#8220;It really isn&#8217;t about the money. It&#8217;s about holding responsible people accountable and the only way to do that in this society is with money.&#8221; Trejo&#8217;s attorney Geoffrey Trachtenberg said that getting bars and restaurants held accountable in these types of cases can be very difficult. He said often times it is hard to get the testimony from people who were at a bar who can account for when a bartender is serving people who are clearly intoxicated. Read more&#8230; Geoff Trachtenberg is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on Google+ and Avvo discussing law and helping people with their legal needs.</p><p>The post <a href="http://www.ltinjurylaw.com/levenbaum-cohen-trachtenberg-secures-1-million-settlement-client/">Levenbaum Trachtenberg Secures $1 Million Settlement</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></description>
				<content:encoded><![CDATA[<p>GOODYEAR, AZ &#8211; Two west Valley bars are entering an agreement to pay out a total of $1 million after a man who was drinking at the establishments was involved in a deadly crash.</p>
<p>Alisha Trejo died in October of 2010 when she was hit while on her motorcycle near the intersection of Indian School and Citrus in Goodyear.<br />
&#8220;She found joy in everything,&#8221; said her husband Christopher. &#8220;It really isn&#8217;t about the money. It&#8217;s about holding responsible people accountable and the only way to do that in this society is with money.&#8221;</p>
<p>Trejo&#8217;s attorney Geoffrey Trachtenberg said that getting bars and restaurants held accountable in these types of cases can be very difficult. He said often times it is hard to get the testimony from people who were at a bar who can account for when a bartender is serving people who are clearly intoxicated.</p>
<p><a href="http://www.abc15.com/dpp/news/region_west_valley/goodyear/bars-to-pay-1-million-in-drunk-driving-crash#ixzz21qmNWHL4" target="_blank">Read more&#8230;</a></p>
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<p><a rel="me" href="/meet-the-firm/geoffrey-m-trachtenberg/">Geoff Trachtenberg</a> is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on <a rel="author" href="https://plus.google.com/u/0/101010677537702640970?rel=author" target="_blank">Google+</a> and <a href="http://www.avvo.com/attorneys/85003-az-geoffrey-trachtenberg-417105.html" target="_blank">Avvo</a> discussing law and helping people with their legal needs.</p>
<p>The post <a href="http://www.ltinjurylaw.com/levenbaum-cohen-trachtenberg-secures-1-million-settlement-client/">Levenbaum Trachtenberg Secures $1 Million Settlement</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></content:encoded>
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		<title>Q&amp;A: My brother settled a wrongful death after my mother past away in a nursing home when i found out call his lawyer</title>
		<link>http://www.ltinjurylaw.com/qa-my-brother-settled-a-wrongful-death-after-my-mother-past-away-in-a-nursing-home-when-i-found-out-call-his-lawyer/</link>
		<comments>http://www.ltinjurylaw.com/qa-my-brother-settled-a-wrongful-death-after-my-mother-past-away-in-a-nursing-home-when-i-found-out-call-his-lawyer/#comments</comments>
		<pubDate>Mon, 02 Jul 2012 06:46:48 +0000</pubDate>
		<dc:creator>Geoff</dc:creator>
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		<description><![CDATA[<p>Question: &#8220;My brother settled a wrongful death after my mother past away in a nursing home when i found out call his lawyer three of six kids were not told about this case. until they settled the word then leaked out .i contacted the lawyer that handled the case, telling him there was three other kids. he was in shock. what do i do. what can i do. this happen in arizona this case is the same as the wilmot vs wilmot case. i have contacted some lawyers in arizona one told me he wouldn&#8217;t take the case because he didn&#8217;t think the lawyer left the other three of us kids out on purpose. others that i have spoke with tell me that this case is mind blowing and ready to take the case until i tell them who the other lawyer is and then they get quiet quick. i know the lawyer that left us three kids out has a big law firm. but the law is the law these lawyers shouldn&#8217;t shy away because this lawyer is part of a big firm. but the law is the law these lawyers shouldn&#8217;t shy away because this lawyer is part of a big firm. what happened to doing the right thing for people that can not do it themselves!!!! Answer: I am sorry to hear about your loss. And your reference to Wilmot v. Wilmot is 100% correct. The Wilmot case holds, among other things, that the lawyer you contacted owed you and the rest of the claimants (technically called &#8220;statutory beneficiaries&#8221;) a fiduciary duty. The case also holds that the person(s) settling the case &#8212; that is, the claimants that approved and accepted the wrongful death settlement money &#8212; owe you and the rest of the claimants an identical duty of care to ensure that your claim is protected and/or that you participate in decision-making and settlement approval. You are also entitled to your own attorney. That is, you do not need to use the same attorney as your siblings and, quite often, you shouldn&#8217;t because of potential or actual conflicts of interest (e.g., where you are competing for a portion of limited settlement proceeds). You need to speak with a lawyer, and soon. You may have lots of different rights and remedies, and time is of the essence. Again, I am sorry for what you&#8217;ve been through and sympathize that things may have been made worse by learning of a settlement which you were not properly informed of. Geoff Trachtenberg Levenbaum Trachtenberg (602) 271-0183 Geoff Trachtenberg is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on Google+ and Avvo discussing law and helping people with their legal needs.</p><p>The post <a href="http://www.ltinjurylaw.com/qa-my-brother-settled-a-wrongful-death-after-my-mother-past-away-in-a-nursing-home-when-i-found-out-call-his-lawyer/">Q&#038;A: My brother settled a wrongful death after my mother past away in a nursing home when i found out call his lawyer</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></description>
				<content:encoded><![CDATA[<p>Question:<br />
&#8220;My brother settled a wrongful death after my mother past away in a nursing home when i found out call his lawyer three of six kids were not told about this case. until they settled the word then leaked out .i contacted the lawyer that handled the case, telling him there was three other kids. he was in shock. what do i do. what can i do. this happen in arizona this case is the same as the wilmot vs wilmot case.</p>
<p>i have contacted some lawyers in arizona one told me he wouldn&#8217;t take the case because he didn&#8217;t think the lawyer left the other three of us kids out on purpose. others that i have spoke with tell me that this case is mind blowing and ready to take the case until i tell them who the other lawyer is and then they get quiet quick. i know the lawyer that left us three kids out has a big law firm. but the law is the law these lawyers shouldn&#8217;t shy away because this lawyer is part of a big firm.  but the law is the law these lawyers shouldn&#8217;t shy away because this lawyer is part of a big firm. what happened to doing the right thing for people that can not do it themselves!!!!</p>
<p><strong>Answer:</strong><br />
I am sorry to hear about your loss. </p>
<p>And your reference to Wilmot v. Wilmot is 100% correct. </p>
<p>The Wilmot case holds, among other things, that the lawyer you contacted owed you and the rest of the claimants (technically called &#8220;statutory beneficiaries&#8221;) a fiduciary duty. The case also holds that the person(s) settling the case &#8212; that is, the claimants that approved and accepted the wrongful death settlement money &#8212; owe you and the rest of the claimants an identical duty of care to ensure that your claim is protected and/or that you participate in decision-making and settlement approval. </p>
<p>You are also entitled to your own attorney. That is, you do not need to use the same attorney as your siblings and, quite often, you shouldn&#8217;t because of potential or actual conflicts of interest (e.g., where you are competing for a portion of limited settlement proceeds). </p>
<p>You need to speak with a lawyer, and soon. You may have lots of different rights and remedies, and time is of the essence. </p>
<p>Again, I am sorry for what you&#8217;ve been through and sympathize that things may have been made worse by learning of a settlement which you were not properly informed of.</p>
<p>Geoff Trachtenberg<br />
Levenbaum Trachtenberg<br />
(602) 271-0183</p>
<p><a rel="me" href="/meet-the-firm/geoffrey-m-trachtenberg/">Geoff Trachtenberg</a> is a partner at Levenbaum Trachtenberg, a personal injury law firm located in Arizona, California, and Utah. You can find him on <a rel="author" href="https://plus.google.com/u/0/101010677537702640970?rel=author" target="_blank">Google+</a> and <a href="http://www.avvo.com/attorneys/85003-az-geoffrey-trachtenberg-417105.html" target="_blank">Avvo</a> discussing law and helping people with their legal needs.</p>
<p>The post <a href="http://www.ltinjurylaw.com/qa-my-brother-settled-a-wrongful-death-after-my-mother-past-away-in-a-nursing-home-when-i-found-out-call-his-lawyer/">Q&#038;A: My brother settled a wrongful death after my mother past away in a nursing home when i found out call his lawyer</a> appeared first on <a href="http://www.ltinjurylaw.com">Levenbaum Trachtenberg</a>.</p>]]></content:encoded>
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