Handling Accident

A new case has come out of the Nevada Supreme Court on the scope of treating doctor’s testimony during trial. This new case is FCHI, LLC v. Rodriguez, 130 Nev. Adv. OP 46 (2014). In Rodriguez, Nevada Supreme Court determined that the trial court allowed improper testimony by Rodriguez's treating physicians, concerning the cause of Rodriguez's injuries. One of Rodriguez's medical providers testified about causation, after reviewing his patient’s other medical records, which consisted of "thousands of pages of documents" from many different doctors. To the extent that this doctor reviewed these documents in the course of providing treatment to Rodriguez, the treating doctor could offer an opinion based on them. However, since the treating doctor only had 21 pages of records in his medical file, the treating doctor was prohibited from opining about these additional medical records. The Nevada Supreme Court went on to say, that as to Rodriguez's other treating doc...

When you are involved in a car accident in Las Vegas, you may have missed work and lost income due to the injuries you sustained in the accident.  Sometimes people think that they can just tell the at-fault party’s insurance company the amount of their lost wages. However, the insurance company will not accept this self-reporting of lost income. Instead, the insurance companies require written documentation of any lost wages sustained by an injured person. The best evidence of lost wages comes from your own human resources department. First, you need your employer’s human resources department to draft a letter on your employer’s letterhead regarding your lost wages. Secondly, this company letter should have your hourly rate of pay, together with the number of hours of work you lost, due to the accident. It is important that your doctor has given you an ‘off work’ slip, which you took to your employer, documenting that you were under doctor’s orders not to work, during the period of...

After an accident , injuries are not only expected, but also very common. Of course, the severity of said injuries will vary greatly depending on the circumstances of the accident, but for the most part, injured people just want to recover not only physically, but mentally, emotionally, and financially as well. Whether you’ve got a jammed finger or a herniated disc, as the victim of someone else’s negligence, it’s much more difficult to willingly pay out of your own pocket for medical evaluation and treatment. You didn’t ask for these injuries—why should you be the one struggling to afford the necessary treatment? Unfortunately, there’s yet to be a valid answer for that question. It happens a lot—innocent people who suffer losses due to the negligent (and sometimes intentional) actions of another entity and are then expected to continue comfortable living without some form of compensation. So how do these wrongfully injured people recover? By making a first or third-party insurance cla...

A little known fact in Nevada, is that when an injured party lives out of state, the at-fault party is allowed to make a demand for “security costs” in Las Vegas personal injury cases. There is no similar law for Nevada residents. The law allowing this is NRS 18.130 and provides in full: NRS 18.130  When plaintiff may be required to secure costs; affidavits of sureties; dismissal of action if undertaking not filed.       1.  When a plaintiff in an action resides out of the State, or is a foreign corporation, security for the costs and charges which may be awarded against such plaintiff may be required by the defendant, by the filing and service on plaintiff of a written demand therefor within the time limited for answering the complaint. When so required, all proceedings in the action shall be stayed until an undertaking, executed by two or more persons, be filed with the clerk, to the effect that they will pay such costs and charges as may be awarded against th...

While auto accidents can happen in a wide variety of circumstances, the National Highway Traffic Safety Administration  (NHTSA) reports 1  that up to 40 percent of collisions take place in intersections between two or more roads. Drivers at intersections may be stopped, may be heading straight, may be turning left or right, or even merging into a different lane. Because of the large amount of different activities that take place in intersections, it is easy to understand why collisions in these locations are so common. For this reason, many personal injury cases arising from injuries suffered in car accidents involve intersection collisions. These cases may be complicated and determining fault may not always be easy. If you have suffered injury in an accident in an intersection, you should consult with an experienced lawyer as soon as possible to discuss how you can recover.  Causes of intersection accidents There are many possible causes of intersection collisions, but ...

Everyone knows that they are required to wear their seat belts while driving or riding in a car. However, most people do not know where the rule comes from or what implications it has in a Las Vegas car accident case. Today’s blog discusses what happens when the law on wearing your seat belt is not followed. For ease, personal injury attorneys call it the “Seat belt Rule”. The Seat belt Rule is laid out in Nevada Revised Statutes (“NRS”) §484D.495.    NRS §484D.495 requires adults riding in cars to wear seat belts.  However, the law says that a violation of the rule is not a moving traffic violation and may not be considered as negligence in any personal injury action action. Relevant portions of NRS §484D.495 are set forth below:   NRS 484D.495   Safety belts and shoulder harness assembly; requirements for child and other passenger; penalty; exemptions.         ….       2.  Any person driving, and any passenger who: ...

Dog bites are frightening occurrences that can cause serious injury. However, the ability of a dog bite victim to receive compensation from a dog owner varies widely from state to state due to the difference in state dog bite laws. The following is some information regarding dog bite laws and dog owner liability in Florida. If you or your child has suffered injury from a dog bite, you should never hesitate to contact an experienced attorney who understands dog bite laws and cases in Florida . Strict liability standard Some states require that a dog owner know that a dog has a propensity to bite based on previous behavior. This is often referred to as the “one bite rule” since dogs in these states are generally allowed one bite before an owner is held legally liable. Florida law , 1 however, sets out a strict liability standard for dogs bites, which means that dog owners may be held responsible in many situations whether or not the dog has ever displayed vicious or dangerous behavior i...