Handling Accident

When a minor is involved in a car, motorcycle or any other type of accident, they cannot hire an accident attorney on their own, unless they have been emancipated from their parents.  For the typical child or teenager, their parent or guardian must be the one to hire the injury attorney on behalf of their minor child. A minor is anyone who is less than 18 years of age.   This means that the parent or guardian is the one who signs legal documents on behalf of their child. Additionally and more importantly, special procedures need to be followed when the case is settled. Specifically, the Court MUST approve any settlement that involves a minor. The law governing minors involved in personal injury accidents is set forth in Nevada Revised Statute, (“NRS”) §41.200.          NRS §41.200 provides in full: NRS 41.200  Compromise by parent or guardian of claim by minor against third person; requirements of court petition; establishment of blocked fi...

When you are injured a car accident and seek medical treatment, at some point, you will be released from active care. After clients have completed their active medical treatment, clients wonder what is the next step in their case. The first thing you should do is call or email your car accident attorney and let them know that you are done treating. Your attorney will then be able to contact your treatment providers and request your completed and updated medical records.  Once your final medical records are requested from your treatment providers, it usually takes 2 to 4 four weeks for your personal injury attorney to actually receive them. Upon receiving your final medical records, your accident attorney will thoroughly review them.  After they have been reviewed, your attorney will prepare what is called a ‘Settlement Demand Package’ and send it to the at fault party’s insurance company.    The Settlement Demand Package outlines the accident, your injuries, your me...

Clients sometimes ask what are the differences between mediation and arbitration. So, today we will discuss the similarities and contrasts between the two methods of alternative dispute resolution. Both are a means to resolve a civil legal dispute without the need to have a jury to decide your fate. Mediation is an informal process, where the parties meet with an independent third party, called the mediator. The mediator attempts to bring the parties together to resolve their disputes. By contrast, arbitration is a more formal process, akin to a mini trial, where the parties present evidence and an arbitrator renders a decision. Since arbitration is more formal, the arbitrator issues a formal written decision concerning his findings. In personal injury cases, such as car accidents and slip and falls, mediation and arbitration are regularly used by your personal injury attorney to resolve disputes. Since they are so common, each will be discussed more in depth. Mediation is something t...

Whether someone is deemed an expert in court in Las Vegas, Nevada, is based upon a variety of factors. These factors are laid out in Nevada’s statutes, which are created by the state legislature and case law, which is written by our Nevada Supreme Court. There are three main Nevada statutes which govern experts. We will take a look at each one, including their case law counterparts. The first we will take a look at is NRS 50.275 entitled “Testimony by experts”. It provides in full:       If scientific, technical or other specialized knowledge will assist the trier of the fact to understand the evidence or to determine a fact in issue, a witness qualified as an expert by special knowledge, skill, experience, training or education may testify to matters within the scope of such knowledge. The Nevada Supreme Court has held that an expert witness need not be licensed to testify as a expert. Freeman v. Davidson , 105 Nev. 13, 768 P.2d 885 (1989). The witness must simpl...