Scottsdale Car Accident Lawyer | Personal Injury
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Listen to this Page:
- Scottsdale Car Accident Lawyers
- What to Do After a Car Accident In Scottsdale
- Types of Car Accidents
- Types of Car Accident Injuries
- Determining Fault in Arizona Car Accidents
- Settlements and Compensation In Arizona
- Who Does My Insurance Company Represent?
- Steps and Process in Your Case
- Why Hire Colburn Hintze Maletta?
- About Scottsdale AZ
Contact Colburn Hintze Maletta – Scottsdale Car Accident Lawyers
If you or a loved one has been involved in a car accident in Scottsdale, do not hesitate to contact the expert car accident attorneys at Colburn Hintze Maletta. With our extensive experience, we are dedicated to fighting for your rights and securing the compensation you deserve. Schedule a free consultation today to discuss your case and explore your legal Options.
In this article we’ll discuss the most important aspects of what to do if you are injured in a motorcycle accident in Scottsdale and what to expect as your case is processed and settled.
What to Do After a Car Accident In Scottsdale: A Comprehensive Guide
Being involved in a car accident can be a traumatic experience, and it’s important to know what steps to take to protect your rights and ensure you receive the compensation you deserve. In this comprehensive guide, we will provide detailed information on what to do and what to expect after a car accident in Scottsdale, covering topics such as determining fault, types of car accidents and injuries, settlements and compensation, and the role of insurance companies.
Immediate Actions to Take After a Car Accident in Arizona:
- Ensure Safety: As soon as the accident occurs, prioritize your safety and the safety of others involved. If possible, move your vehicle out of the flow of traffic and activate hazard lights to alert other drivers.
- Check for Injuries: Assess yourself and others for injuries. If anyone is injured, call 911 to request immediate medical assistance.
- Notify the Police: Even if the accident seems minor, it is important to contact the police and report the incident. A police report will document the details of the accident, which can be valuable for insurance claims and legal proceedings.
- Collect Information: Gather essential information from all parties involved, including their names, contact information, driver’s license numbers, license plate numbers, and insurance details. If there are witnesses, obtain their contact information as well.
- Document the Scene: Take photographs of the accident scene, including the positions of vehicles, damage sustained, skid marks, and any relevant road conditions. These visual records can be valuable evidence later on.
- Cooperate, but Limit Discussion: Exchange information with the other parties involved, but be cautious about admitting fault or making statements that could be used against you. Stick to reporting the facts to the police and your insurance company.
- Seek Medical Attention: Even if you do not feel immediate pain or notice any visible injuries, it is essential to seek medical attention promptly. Some injuries, such as whiplash or internal injuries, may not show symptoms immediately but can have serious long-term effects.
- Report the Accident to Your Insurance Company: Contact your insurance company to report the accident as soon as possible. Provide them with accurate information about the accident while refraining from offering detailed statements until you have consulted with a car accident attorney.
- Consult with a Car Accident Attorney: It is advisable to consult with a car accident attorney before discussing the accident with insurance adjusters or accepting any settlement offers. An experienced attorney can guide you through the process, protect your rights, and pursue the full compensation you deserve.
Following these immediate actions can help protect your interests and ensure that you have the necessary documentation to support your car accident claim. Keep in mind that Arizona has a statute of limitations for filing personal injury claims, so taking prompt action is crucial.
Types of Car Accidents
Types of Car Accidents: Examples and Circumstances Car accidents can occur in various ways, and understanding the different types can help you better navigate the claims process. Here are examples of common types of car accidents and the circumstances that may lead to them:
- Rear-End Collisions: These occur when one vehicle crashes into the vehicle in front of it. Rear-end collisions often happen due to tailgating, sudden stops, or driver distraction.
- Side-Impact Collisions (T-Bone Accidents): These accidents occur when the front of one vehicle crashes into the side of another vehicle, forming a “T” shape. They frequently happen at intersections when one driver fails to yield or runs a red light.
- Head-On Collisions: These accidents occur when the front ends of two vehicles collide. Head-on collisions are typically the most severe and often result from wrong-way driving, overtaking in a no-passing zone, or driver inattention.
- Rollover Accidents: Rollover accidents happen when a vehicle flips over onto its side or roof. They frequently occur in single-vehicle accidents involving sudden swerving, excessive speed, or a high center of gravity in SUVs or vans.
These are just a few examples of car accidents, and each type may have its own unique circumstances and contributing factors. Understanding the nature of the accident can help you provide accurate information when filing a claim and working with your car accident attorney.
Types of Car Accident Injuries
Types of Car Accident Injuries: Examples and Impact Car accidents can result in a wide range of injuries, from minor cuts and bruises to severe and life-altering injuries. Here are examples of common car accident injuries and their impact:
- Whiplash: Whiplash occurs when the head is violently jerked back and forth, straining the neck muscles and ligaments. Symptoms may include neck pain, stiffness, headaches, and dizziness.
- Fractures: Car accidents can cause broken bones, which can range from simple fractures to more complex ones requiring surgery. Fractures may occur in the arms, legs, ribs, or the skull.
- Head and Brain Injuries: An impact to the head during a car accident can result in traumatic brain injuries (TBIs), ranging from concussions to more severe brain damage. Symptoms can include headaches, memory loss, cognitive issues, and behavioral changes.
- Spinal Cord Injuries: Car accidents can cause damage to the spinal cord, leading to partial or complete paralysis. Spinal cord injuries often result in significant physical and emotional challenges for the affected individual.
- Internal Injuries: The force of a car accident can cause internal injuries such as organ damage, internal bleeding, or punctured lungs. Internal injuries may not be immediately apparent, and prompt medical attention is crucial.
It’s essential to seek medical attention promptly following a car accident, as some injuries may not be immediately apparent but could have serious long-term consequences. Medical documentation of your injuries will also be essential when pursuing a car accident claim.
Determining Fault in Arizona Car Accidents: Examples of Negligence
Determining Fault in Arizona Car Accidents: Examples of Negligence One of the crucial aspects of a car accident claim is determining who is at fault. In Arizona, fault is determined based on the concept of “comparative negligence.” This means that each party involved in the accident may be assigned a percentage of fault based on their contribution to the accident. Here are some examples of negligence that can help establish fault:
- Rear-End Collisions: If you were rear-ended by another driver, the driver who struck your vehicle from behind is typically considered at fault. They failed to maintain a safe following distance or were not paying attention to the road.
- Failure to Yield: If a driver fails to yield the right of way when required, such as at a stop sign, traffic light, or when merging into traffic, they can be deemed at fault for causing an accident.
- Speeding: Excessive speeding is a common cause of accidents. If a driver exceeds the posted speed limit or drives too fast for the road conditions, they may be held responsible for the resulting collision.
- Distracted Driving: Engaging in activities that divert attention from driving, such as texting, talking on the phone, or eating, can significantly impair a driver’s ability to react and avoid an accident. If the other driver was distracted, they may be found at fault.
- Drunk Driving: Driving under the influence of alcohol or drugs is not only illegal but also highly dangerous. If the other driver involved in the accident was impaired, they can be held accountable for their reckless actions.
These examples illustrate the kinds of behavior that can contribute to accidents and help establish who is at fault. It’s important to gather evidence to support your claim, such as photographs, witness statements, and police reports, to strengthen your case and demonstrate the other party’s negligence.
Settlements and Compensation In Arizona
When filing a car accident claim, the goal is to obtain a fair settlement that compensates you for the damages you have suffered. But how is compensation determined? Here are some factors considered in determining compensation:
- Medical Expenses: Compensation may include reimbursement for medical bills related to your car accident injuries. This can include hospital stays, surgeries, doctor visits, medication, physical therapy, and more.
- Lost Wages: If your injuries have caused you to miss work, you may be entitled to compensation for lost wages. This can include both the income you have already lost and any future earnings that may be affected by your injuries.
- Pain and Suffering: Compensation may also be awarded for the physical and emotional pain and suffering you have endured as a result of the car accident. This can include the impact on your quality of life, mental anguish, and emotional distress.
- Property Damage: If your vehicle or other property was damaged in the accident, you may be entitled to compensation for the repairs or replacement costs.
In addition to these factors, other considerations such as the extent of your injuries, the impact on your daily activities, and the long-term consequences of the accident may also be taken into account when determining compensation.
Who Does My Insurance Company Represent In A Car Accident?
In an Arizona car accident, your insurance company primarily represents your interests as the policyholder. When you purchase an auto insurance policy, you enter into a contract with the insurance company. As part of this agreement, the insurance company has a legal obligation to provide coverage and assistance in the event of a car accident within the terms and limits specified in the policy.
Dealing with insurance companies can be challenging, as their primary objective is to minimize their financial liability. Insurance adjusters may try to settle for a lower amount than you deserve or find ways to deny your claim altogether. It is essential to have legal representation by your side to protect your rights and level the playing field. An experienced car accident attorney can handle all communications with the insurance company, gather evidence, and advocate for your best interests.
To protect your claim when dealing with an insurance company, consider the following steps:
- Gather Evidence: Collect as much evidence as possible to support your claim. This includes photographs of the accident scene, damage to vehicles, injuries sustained, and any other relevant documentation such as police reports or witness statements. Ensure you have accurate records of medical treatment and expenses related to your injuries.
- Document Communication: Keep a detailed record of all communication with the insurance company. This includes phone calls, emails, and letters. Note the date, time, and content of each conversation, and keep copies of any written correspondence.
- Know Your Policy: Understand the terms and limitations of your insurance policy. Review the policy documents to determine the coverage you have, the deductibles, and any exclusions or limitations that may apply.
- Be Cautious with Recorded Statements: Insurance adjusters may request a recorded statement regarding the accident. It is crucial to be cautious when providing such statements, as they can be used against you. Consider consulting with a car accident attorney before agreeing to a recorded statement to ensure your rights are protected.
- Avoid Signing Unfavorable Documents: Be mindful of signing any documents presented by the insurance company without fully understanding their implications. If you are unsure or uncomfortable, consult with an attorney before signing anything.
- Do Not Rush to Accept Settlement Offers: Insurance companies may offer a quick settlement to limit their financial liability. Avoid accepting any settlement offers without carefully evaluating the amount and considering the long-term implications. Consult with a car accident attorney to determine if the offer is fair and if additional compensation may be available through negotiation or legal action.
- Avoid Giving Blanket Medical Authorization: Insurance companies may request a medical authorization to access your medical records. It is advisable to consult with an attorney before signing such authorizations to protect your privacy and ensure that only relevant medical information is shared.
- Seek Legal Representation: Consider hiring an experienced car accident attorney to represent your interests. An attorney can handle correspondence with the insurance company, negotiate on your behalf, and ensure that you receive fair compensation for your injuries and losses.
Remember that insurance companies are focused on their bottom line and may try to minimize their financial liability. By taking these steps and having legal representation, you can protect your claim and ensure that your rights are upheld throughout the process.
Steps and Procedures in Court for a Car Accident Injury Case in Arizona:
- Filing a Lawsuit: If an agreement cannot be reached through negotiations and settlement discussions, your car accident injury case may proceed to court. The first step is to file a lawsuit against the at-fault party. Your attorney will prepare the necessary documentation and file the lawsuit with the appropriate court.
- Serving the Defendant: After filing the lawsuit, the defendant must be officially notified. The court will issue a summons, which is typically served by a professional process server or a law enforcement officer. The defendant will have a designated period to respond to the lawsuit.
- Discovery Phase: Once the defendant responds, the case enters the discovery phase. This phase allows both parties to gather evidence, exchange information, and build their respective cases. Discovery methods may include interrogatories (written questions), depositions (sworn interviews), requests for production of documents, and requests for admission.
- Pretrial Motions: During the discovery phase or before, either party can make pretrial motions to request specific actions by the court. These motions may include motions to dismiss, motions for summary judgment, or motions to exclude certain evidence. The court will review these motions and make decisions based on their merits.
- Settlement Conferences and Mediation: Before proceeding to trial, the court may schedule settlement conferences or encourage the parties to engage in mediation. These processes aim to facilitate a settlement agreement without the need for a trial. A neutral mediator will facilitate negotiations between the parties to reach a mutually satisfactory resolution.
- Trial Preparation: If a settlement cannot be reached, the case will proceed to trial. Both parties will engage in thorough trial preparation, which includes reviewing evidence, identifying witnesses, and developing arguments to present to the judge or jury.
- Trial: During the trial, each party will present their case through opening statements, witness testimony, cross-examination, and the introduction of evidence. The judge or jury will then determine fault and liability, assess damages, and ultimately reach a verdict. The length of the trial can vary depending on the complexity of the case.
- Post-Trial Motions and Appeals: After the trial, either party may file post-trial motions or appeals if they believe there were errors or issues with the trial process. These motions and appeals are designed to seek a review of the trial court’s decision or request a retrial.
It is important to note that the specific procedures and timelines may vary from case to case. Having an experienced car accident attorney by your side throughout the court process can significantly help you navigate the legal complexities and increase your chances of obtaining a favorable outcome.
Why Hire A Car Accident Lawyer at Colburn Hintze Maletta?
An experienced lawyer from Colburn Hintze Maletta can play a crucial role in ensuring a satisfactory outcome for your car accident injury case in the following ways:
- Legal Knowledge and Expertise: A skilled attorney understands the laws and regulations specific to car accident cases in Arizona. They have in-depth knowledge of the legal system and know how to navigate through the complexities of court proceedings. Their expertise allows them to assess the strength of your case, identify potential legal arguments, and develop a strategic approach to maximize your chances of success.
- Investigation and Gathering Evidence: A competent lawyer will conduct a thorough investigation into the circumstances surrounding your car accident. This includes gathering evidence such as accident reports, witness statements, photographs, medical records, and any other relevant documentation. By obtaining strong evidence, your attorney can build a persuasive case that supports your claims and strengthens your position during negotiations or trial.
- Establishing Liability: One of the key aspects of a car accident injury case is determining fault and establishing liability. An experienced attorney will analyze the evidence, assess the negligence of the other party, and develop a compelling argument to prove their liability. They will skillfully present this evidence to the opposing party, insurance companies, or the court to support your claim for compensation.
- Negotiating with Insurance Companies: Insurance companies are often involved in car accident injury cases, and they are known for using various tactics to minimize their financial liability. Having a lawyer on your side levels the playing field. Your attorney will handle all communications and negotiations with the insurance company, using their knowledge of insurance practices and claim valuation to advocate for your rights. They will work towards securing a fair settlement that adequately compensates you for your damages and losses.
- Trial Representation: If your case proceeds to trial, hiring an experienced trial lawyer is crucial. They will have the skills and courtroom experience necessary to effectively present your case before a judge and jury. From delivering compelling opening statements to cross-examining witnesses and presenting persuasive arguments, your attorney will strive to convince the court to rule in your favor and award you the compensation you deserve.
- Comprehensive Knowledge of Damages: Damages in car accident injury cases extend beyond medical expenses and lost wages. An experienced lawyer will have a deep understanding of the types of damages you may be entitled to, including pain and suffering, emotional distress, loss of enjoyment of life, and future medical expenses. They will accurately assess the value of your overall damages and work diligently to ensure you receive fair and just compensation.
- Access to Expert Witnesses: In complex car accident injury cases, expert witnesses may be necessary to provide specialized knowledge and testify on your behalf. Your attorney will have established relationships with a network of qualified experts who can provide crucial testimony in areas such as accident reconstruction, medical opinions, or vehicle safety. These experts can provide objective opinions that further support your case and increase your chances of success.
By enlisting the services of an experienced lawyer from Colburn Hintze Maletta, you can have confidence that your interests are protected, your rights are upheld, and every effort is made to secure the best outcome for your car accident injury case.
Contant the car accident injury experts at Colburn Hintze Maletta today. In Scottsdale call (602) 825-2500
About Scottsdale Arizona
Scottsdale, Arizona, is an affluent city located east of the state capital, Phoenix. Known for its vibrant nightlife, upscale boutiques, golf courses, and luxury spas, Scottsdale is the sixth-largest city in Arizona with an estimated population of 258,069 people as of 2020.
Demographically, Scottsdale has a predominantly white population at about 80.1%, followed by Hispanic or Latino at about 10.3%, Asian at about 4.2%, and African American at around 1.7%. The households in Scottsdale have a higher median income than the average nationally, at around $88,213 compared with the national median of around $69,000.
Scottsdale is known for its high quality of lifestyle. The Scottsdale Fashion Square, an upscale, super-regional luxury shopping mall, is a major retail and tourist attraction. The city is also home to the MLB’s San Francisco Giants spring training site. Scottsdale is also known for it’s culture with over 125 professional art galleries and studios, making it a hub for the arts in the United States. The city also hosts events like the Scottsdale Arts Festival and Scottsdale Film Festival. The Museum of the West, Scottsdale Contemporary Art Museum, and Pueblo Grande Museum are popular spots for locals and tourists.
Scottsdale Personal Injury Court System
In regard to the court system in Scottsdale in relation to personal injury cases, the city lies within the jurisdiction of Maricopa County. Personal injury lawsuits, like other civil cases, would typically be handled in the Maricopa County Superior Court.
For cases involving smaller monetary amounts, these would be handled in the Scottsdale City Court also known as the municipal court. However, this court mostly handles misdemeanors, city code violations, traffic cases and small civil cases.
In the event of a personal injury case in Scottsdale, plaintiffs would typically seek compensation for medical expenses, pain and suffering, lost income, and other damages. It would be advisable for an individual involved in a personal injury case in Scottsdale to seek legal counsel from an attorney experienced in Arizona’s personal injury laws due to their complexity and the state’s comparative negligence rules.
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One piece of advice for people who are charged with anything in Arizona is to hire a great lawyer because the state does not care if you’re innocent or not. The Arizona legal system will try to ruin your life. A couple of years ago I was the victim of an antisemitic hate crime when a guy named Billy, who had a history of drug and alcohol issues and was thrown out of the Navy for being violent, decided to attack me after drinking all day in Old Town (Sunday funday) over a pointless argument over whether it’s better to buy homes immediately post-recession or during the 10th year of a bull market run which was his argument. The disagreement led to Billy making several anti-semitic comments and assaulting me, which led to me beating up billy. Billy and his friends then went to the police and lied to try to get me thrown in jail for months for assault while getting 10s of thousands of dollars in restitution in the process. I hired David Maletta. We went to court and destroyed Billy and his best friend/roommate Taylor who were trying to extort me and ruin my life. In Arizona there is a 3.5% chance you’ll get all charges dropped because of how hard the state is on crime but we pulled it off and I still have a clean record to this day.
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We retained David Maletta to represent our son after being cited for what can only be described as a momentary lapse of reason. David was extremely knowledgeable, was able to clearly communicate very complicated concepts, and was relentless in his pursuit of my son’s innocence. He had strong relationships with the prosecuting attorney and respect of the judge, which ultimately resulted in my son learning a really hard lesson with limited consequences (traffic school and writing an essay to the judge on the physics of driving 130MPH and what happens if that goes badly). I have already sent all of my friends with teenage and 20 year old kids his contact information for when they inevitably get that call. David completely exceeded all of our expectations and we could not recommend him any stronger. Thank you for everything.
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I hired David Maletta and it was the best decision of my life. His knowledge, genuine interest, overall attitude, and ability to connect with people is incomparable. I could talk about all of this at length. I COULD do all of that, but that wouldn’t do David justice. He first and foremost demonstrates his interest and genuine care for his client. Being in uncharted territory with a criminal charge and nowhere to turn, David’s presence and personality put all nerves at ease. I went through a jury trial with David beside me. The trial ran for 3 days and I spent a significant amount of time with David one-on-one. During this stressful time, he wanted to hear my input and thoughts on everything. David was incredible from the first day I met him. Not only is he a great attorney, but he is also a great person who cares about people and finding justice for his clients. He connects to the human side of people. I can’t put into words how much David cares about the individual in a case. When it comes to the courtroom, there is NOBODY I would rather have defending me than David.
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Dave stayed with me while he pushed back and forth with Covid-19 and the delays with court. Once cited, the state basically decides that you’re guilty through the automatic suspension of your drivers license. Dave immediately took care of that problem and I never lost the privilege of driving. Dave took notes like crazy and was upfront about our uphill battle. I was also well aware that the plea deal that was given to us, was unacceptable and through Dave’s knowledge and experience I had put my trust in him to guide me to make the right decision on how to proceed. With Dave’s guidance I had decided that we needed to fight for something better than what the prosecutor was offering and Dave was 100 percent behind me on that decision. We knew the risks, be we also knew we had very little to lose based on the prosecutions stance. We decided to go to trial… Watching the prosecution and then watching Dave was night and day!! It was clear to the jury that the prosecution didn’t have their facts straight and were not addressing the facts that they could not address…There was a lot at stake for my personal life and my work life. I was found NOT GUILTY. Dave won the trial for me.
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“Tim was absolutely amazing and worked diligently”
I had an incident and was given the catch-all charge. There wasn’t really anything I could do by myself to get out of it. Tim was absolutely amazing and worked diligently to ensure that I would have the best possible outcome from my case. Which he successfully achieved! As of right now, I am on the path to having my case fully dismissed. A couple of things that really helped me through this process was that Tim did an amazing job at answering my questions. He was available almost anytime and would respond promptly when he got my emails. He was also very approachable and comforting to be around while we had in person meetings and especially when I was at the court house. I would trust him and the company he works for with any other cases in the future, and as of right now, they will be my first choice if I need a lawyer in the future.
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I had the opportunity to work with Darin during a very troublesome time in my life. As a family attorney, I found him to be very professional, very empathetic, and very responsive to all the issues I faced. I would recommend him to anyone without a second thought. Thank you, Darin!
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“Listens to every request that you make on a case”
I honestly just want to let it be known to any and everyone looking for an attorney on a case. Whether it be DUI, possession, or your every day to day traffic violations where you need representation attorney Tim Hintze is your man. You have to respect a man that listens to every request that you make on a case and he gets in there and gets it done. Tim has my respect as an attorney and being a well-rounded representer. From him being honest on the possibility and options for your case to him being easy to work and communicate with via over the phone or face to face Mr. Hintze is working it out.
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I have nothing but good things to say about my experience working with David Maletta. I was in a very high-stress situation facing a pending DUI charge. He doesn’t know this, but I actually interviewed 5 potential lawyers, and he was the most optimistic of all of them. He took over and handled everything, and now I don’t have to live with a DUI. Thank you so much for everything! Highly recommend them to anyone looking for legal help.
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Darin helped me with a complex family law issue involving ownership of multiple businesses and other assets. He was able to structure a win-win that wasn’t only better than I thought was possible but that protected the business I had built. Above and beyond that, he did it with great customer service and character – which really matters to me. This was the best possible outcome, great price, and fast.
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“He fights for his clients like no one I have ever seen”
David Maletta is the absolute best trial attorney in the state of Arizona. He is a kind, emphatic, and extremely patient person. As an attorney, he is prepared, aggressive, and extremely skilled. He is not afraid to go to trial and fight for his clients, like other attorneys that just plead their clients to the original charges. When he is in trial, he flips a switch and goes from a nice guy to a killing machine. He fights for his clients like no one I have ever seen. Watching him do a cross-examination is exhilarating because he is so good it’s scary.
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“Because of Darin I got my daughter back”
Before I hired Darin I went through a total of 3 different attorneys in two different states fighting a jurisdiction battle, when my daughter was taken to a different state. It was a very difficult decision to switch attorneys at one of the most difficult, time sensitive and important times in my case, but I’m very glad I did. Upon receiving my file from previous attorneys Darin came very familiar with my case quickly. Like other people have explained he took the time to lay everything out and explain how the process was going to proceed and what to expect and continued to do this as new issues arrived. He is also very quick at responding to emails and phone calls. My case was getting close to trial as told by my previous attorneys, I did not want to go to trial as I know this is very costly (most attorneys will convince you that you need to.) Darin knew my situation, fought for what was right and got the results I wanted while avoiding a costly trial. He is extremely knowledgeable in the Child Support Guidelines as well. Because of Darin I got my daughter back. I would highly recommend him and would hire again for any future issues. Thanks Darin!