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Frequently Asked Questions

DeFusco & Udelman, P.L.C. often represents clients who have suffered serious injury due to another person's negligence in the operation of a motor vehicle or due to another individual or entity's negligence in failing to maintain property in a reasonably safe condition. The following information is for information purposes only and is not meant to be construed as legal advice. For legal advice to be rendered by our firm, we must have an opportunity to review the entire facts and circumstances of your individual case. Please keep in mind that the facts and legal opinions rendered by our firm may vary widely depending upon the nature of the case. What follows are among the most frequently asked questions posed by our clients and some general information in response:

Personal Injury:
1. How do I know who is legally responsible for compensating me for injuries that I have sustained in an accident?
2. What is negligence?
3. How much money am I entitled to receive as compensation for my injuries?
4. How can I be compensated for my injuries if the responsible person or entity does not have insurance?
5. How much does it cost to hire DeFusco & Udelman, P.L.C.?

Wrongful Death:
1. Who may process a claim involving wrongful death?
2. What family members may seek damages for the wrongful death of a loved one?
3. What is the proper measure of damages for each surviving family member in a wrongful death lawsuit?

Insurance Bad Faith
1. My insurer has denied a claim for payment of benefits that I have presented to it. How do I know if this is proper?
2. My insurance company has processed my claim for benefits but is not paying my claim in a timely manner. What can I do?
3. My insurance company has paid benefits for a time and now has informed me that it will discontinue payment. Do I have any legal rights?

F.A.Q.: Personal Injury:

1. How do I know who is legally responsible for compensating me for injuries that I have sustained in an accident?

Generally, under Arizona's comparative negligence laws, all individuals or entities who caused or contributed to your injuries are responsible to compensate you for your damages in direct proportion to their respective fault. Sometimes, only one individual is legally at fault for causing your injuries, such as when the driver of one vehicle negligently collides with your vehicle. More often, however, there is more than one individual responsible for causing your injuries, such as when several vehicles collectively cause a motor vehicle accident, or when several different entities (contractors, property owners, etc.) all contribute to the creation of an unsafe condition on a landowner's property. DeFusco & Udelman, P.L.C. will undertake an evaluation to determine all individuals and/or entities who may share responsibility for causing your injuries.

2. What is negligence?

Negligence is the failure to use the care that a reasonable person would use under the same or similar circumstances to avoid causing injury to you or others. Usually, an individual or entity can be held responsible for your damages only if they acted negligently to cause or contribute to your injuries. Sometimes, however, you are relieved from the obligation to prove that another individual or entity was negligent, such as in a case involving a product rendered unreasonably dangerous due to defective design or manufacture.

3. How much money am I entitled to receive as compensation for my injuries?

This is a question that is best answered once your injuries have been properly diagnosed and treated by appropriate health care providers and the facts and circumstances of your individual case fully evaluated by counsel. The amount of money to which you may be entitled is known as "damages" and is designed to make you whole or place you as close to the same position in which you would have been had you not suffered personal injuries. Generally, these damages may be broken down as follows:

As you might expect, the amount of damages attributable to pain and suffering is based upon the severity and duration of your injuries, and must involve a detailed case-by-case evaluation of the manner in which these injuries affect your lifestyle.

Occasionally, an individual or entity might be responsible for payment of punitive damages, which are not designed to make you whole but are instead designed to punish the wrongdoer for engaging in reprehensible conduct. For example, courts in Arizona have sustained punitive damage awards in cases involving drunk drivers who cause accidents and injury. Ordinarily, punitive damages are assessed only in those cases in which an individual or entity acts intentionally or with a conscious disregard of a known and substantial risk that their conduct could cause injury.

4. How can I be compensated for my injuries if the responsible person or entity does not have insurance?

Fortunately, most businesses and individuals have liability insurance. Often, due to the specific facts of a particular accident, several different liability insurance policies may apply in a single accident. DeFusco & Udelman, P.L.C. undertakes a review to determine any and all possible sources of insurance or other coverage that may provide compensation for your injuries. In the event that the responsible party in a motor vehicle accident is uninsured or underinsured, your own insurance policy may provide coverage to compensate you for the negligence of another driver. Our firm will usually undertake a review of your automobile and/or liability policies of insurance at no extra charge and advise you about the extent and type of coverage that you have in effect so that you may better understand the coverages and protections available to you.

5. How much does it cost to hire DeFusco & Udelman, P.L.C.?

DeFusco & Udelman, P.L.C. generally provides a complimentary initial consultation in order to evaluate whether we may assist you with your legal needs. In the event you retain our firm and depending upon the nature of your case, we may charge a fee which is contingent upon the outcome. In other words, our fee is computed as a percentage of any recovery ultimately obtained on your behalf. In the event that there is no recovery, we do not charge a fee. We may also advance all costs associated with representation on your behalf and will deduct these costs from any settlement or judgment obtained on your behalf at the conclusion of your case in accordance with our Arizona Rules of Professional Conduct. In cases involving motor vehicle accidents, we generally also provide complimentary assistance in the processing of property damage awards and "medical payments" coverage. Our fee, however, is usually based upon the amount actually recovered from all responsible parties or their insurers and not upon these property damage or "medical payments" claims.

F.A.Q.: Wrongful Death:

In catastrophic cases involving loss of a loved one due to the fault of another person or entity, our firm remains available to assist. Whether the loss occurred in the operation of a motor vehicle, on property, or in the course and scope of the employment relationship due to the conduct of a third party, the calculation of damages involves several different factors than those described above. What follows are some general questions involving the enforcement of your rights against others whose conduct caused the loss of a loved one:

1. Who may process a claim involving wrongful death?

The law allows only certain family members, or "statutory beneficiaries," to pursue a claim for the wrongful death of a loved one. Generally, the claim may be brought only by the surviving spouse, biological parent, legal guardian or one or more children of the deceased. In the event that your loved one passes away without leaving any statutory beneficiaries, then a wrongful death lawsuit may be brought by the executor or personal representative of the decedent's estate.

2. What family members may seek damages for the wrongful death of a loved one?

Each and every family member that is considered a "statutory beneficiary" under the law may seek monetary compensation for the wrongful death of a loved one. In Arizona, these statutory beneficiaries include the parents or legal guardians, spouse and natural children of the decedent, even though only one of these persons may have filed suit against the wrongdoer.

3. What is the proper measure of damages for each surviving family member in a wrongful death lawsuit?

The calculation of monetary damages for each statutory beneficiary in a wrongful death lawsuit is extremely subjective in nature and varies tremendously from case to case. Factors that a jury may consider in assessing these damages include: the nature of the relationship between the family member and the loved one, the severity of pain, grief, sorrow, stress and mental anguish that the family member has and will continue to endure in the future, the value of income and services that the family member has lost and will continue to lose as a result of the death of the loved one, the reasonable expenses of funeral and burial, and the reasonable expense of necessary medical care for the injuries that resulted in the demise of the loved one.

Our system of justice cannot return the life of a person to his or her family. Unfortunately, our system of justice can only use monetary compensation as a method to provide some solace to those who have suffered a loss. The discussion above necessarily involves difficult emotional issues and the pain of loss after the death of a loved one. The law firm of DeFusco & Udelman, P.L.C. takes these matters seriously and respects the difficulties facing family members who have suffered such a traumatic and unexpected ordeal. Our discussion above is not meant to minimize in any manner the loss of life suffered in these situations.

F.A.Q.: Insurance Bad Faith

DeFusco & Udelman, P.L.C. often meets with persons to render advice concerning their relationship with an insurer. People purchase all types of insurance to provide piece of mind. Whether you purchase health, auto, life, disability or homeowner's insurance, your insurer owes you an obligation to deal with you in good faith. When your insurer breaches that obligation, you may consider reviewing your legal rights. Disputes involving breach of an insurer's obligation to you are often lengthy and time consuming. Moreover, these disputes depend greatly upon the facts and circumstances of each particular case. Our firm usually provides a complimentary consultation to determine whether your insurer has treated you properly in the sale and/or issuance of a policy or the processing of a claim.

1. My insurer has denied a claim for payment of benefits that I have presented to it. How do I know if this is proper?

Often, in the case of a life, health or disability policy, an insurance company will have a contestability term in its policy allowing it to investigate and deny a claim for benefits if it is made within a set period of time and if the insured has not fully disclosed certain information on the application for insurance. In case your request for benefits is denied, you should seek legal advice and have the denial fully evaluated. This is particularly true if the insurance company denies your claim and then rescinds your policy. In advance of meeting with counsel to evaluate your claim, make copies of all correspondence between yourself and your insurance carrier, as well as the application for insurance, and the insurance policy which was issued to you.

2. My insurance company has processed my claim for benefits but is not paying my claim in a timely manner. What can I do?

Generally, insurance companies must timely pay claims in a manner you reasonably expect. If it appears that you have a proper claim which you have presented for payment of benefits and the insurance company has unreasonably delayed payment, you may consider obtaining advice concerning your legal rights.

3. My insurance company has paid benefits for a time and now has informed me that it will discontinue payment. Do I have any legal rights?

The answer to this question depends upon the type of insurance claim you presented, the benefits paid by the insurance company, their reason for suspension of payment and other factors which vary from case to case. If, for example, you have a disability policy of insurance, you become disabled and have been receiving benefit payments from your insurer, and thereafter your insurer concludes you are capable of returning to work without restriction, you may wish to receive legal advice concerning the basis for the insurance company's conclusion, your doctor's advice, the nature of your medical diagnosis and other factors. Our firm generally does not charge to review the facts surrounding your claim. While a legal evaluation may lead to the conclusion that the insurance company acted properly, seeking legal consultation may assist you in exploring all of the options available to you.

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.