Handling Accident

When someone is injured in an accident and suffers ongoing injury, sometimes your Las Vegas Personal Injury Attorney and opposing side may both hire doctors to serve as expert witnesses. But, what happens when one side hires an expert, yet later decides they don’t want to call their expert at trial? The Nevada Supreme Court has said that it is ultimately up to the trial court to decide this issue. See McClendon v. Collins, 132 Nev. Adv. Op. No. 28 (2016). In McClendon , Diane Collins rear-ended a car driven by Ja Cynta McClendon. Collins’ defense lawyer designated an expert medical physician, Dr. Eugene Appel, who provided an expert witness report to back up his opinions. Collins’ defense lawyer later decided to withdraw Dr. Appel from their witness list. Surprisingly, McClendon’s lawyer wanted to use Dr. Appel as her own expert witness! The trial court wouldn’t allow this expert swap. The jury ultimately found that McClendon wasn’t injured by any fault of Collins. Unhappy with the res...

Today is the four year anniversary of driverless cars being allowed on Nevada roadways. During the 2011 legislative session, the Nevada State Legislature enacted Chapter 482A, entitled “Autonomous Vehicles”, allowing for driverless vehicles to hit the roads in Nevada. These laws went into effect on March 1, 2012. Nevada was the first state to allow driverless cars to apply for their own drivers' licenses. However, the DMV currently only allows test cars on the road. So, autonomous vehicles are not currently available to consumers. To make sure safety comes first, Nevada requires two trained drivers to be in every car, one of them in the front seat prepared to take control of the car should an emergency arise. To get the green light to drive on Nevada roadways, companies also have prove that one or more of their automated cars have been driven for at least 10,000 miles.  How can you tell if you are driving next to an automated car? Driverless cars have a red Nevada license plate, wi...

Having Medicare can save you a lot of money on monthly insurance bills. If you have Medicare, you may think that you can simply show your Medicare and supplemental insurance cards to the hospital after a traumatic car accident, and expect Medicare to pay the bill. However, it would surprise many Medicare recipients to know that the hospitals are not required to bill Medicare after a car accident . According to federal Medicare law, a hospital has the option to bill Medicare for the treatment you received as a result of a car accident. However, they can choose not to bill Medicare and instead wait for the proceeds of the personal injury settlement to pay your hospital bill. See Medicare Secondary Payer Manual, Chapter 2, section 40:   40.2 - Billing in MSP Liability Insurance Situations  A - Difference Between Liability Insurance and Other Primary Plans  Liability insurance differs from the other insurance policies or plans that, under §1862(b) of the Act, are primar...

After a serious car crash, you may be transported to the nearest hospital for immediate medical treatment.  If your injuries are life threatening, you may be taken to UMC hospital, since it is the only level 1 trauma center in Las Vegas.  UMC’s doctors and staff are equipped to handled the most serious injuries that typically happen in motorcycle and semi-truck accidents.   However, this type of emergency room treatment is costly.  If you do not have health insurance, then all major hospitals are required to reduce their bill by 30%. All hospitals in Las Vegas are considered “major hospitals”, except for the County run, UMC hospital. So, if you went to UMC, they are not required to reduce their bill by the statutory 30%.  This law is found in NRS §439B.260 , which allows for the 30% reduction and states in part: NRS 439B.260  Reduction of billed charges for certain patients and services; notice; resolution of disputes.       1.   A ...

What happens in a Court case, when the other side wants to introduce irrelevant evidence into a trial? Your accident attorney will file what is called a “Motion in Limine”. In a Motion in Limine, your attorney will outline every irrelevant fact or argument the other side may make at trial, and ask the Court to rule, before the trial starts, to not allow this irrelevant evidence into the trial. Examples could be prior unrelated accidents, criminal arrests and improper arguments to the jury.   The applicable Nevada state law on this issue is Nevada Revised Statute (“NRS”)48.035. NRS 48.035(2) states that “[a]lthough relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of issues, or misleading the jury, or by considerations of undue delay, waste of time, or needless presentation of cumulative evidence.” When preparing a Motion in Limine, NRS 48.035 is often cited.   Motions in Limine are designed to see...

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: ...

In most car accident cases, the liability of the at-fault driver is clear. If you are stopped at a red light and a drunk driver crashes into the back of your car, then everyone will generally agree that the drunk driver was 100% at fault for the accident. However, not every personal injury case in Nevada is that straightforward. In cases where the other side might argue that you, as the injured person, were at fault, we apply “comparative negligence” law in Las Vegas personal injury cases. “Comparative negligence” law  in Nevada means, that the jury will “compare” and assign fault percentages to both the injured and at-fault parties. Nevada courts have held that “the purpose of the comparative negligence statute [is] to eradicate the harsh effect of a plaintiff's contributory negligence whenever such negligence is not greater than that of the source against which recovery is sought.” Mizushima v. Sunset Ranch, 103 Nev. 259, (1987).   The applicable statute is NRS §41.14...

Most personal injury cases are filed in State Court. However, there are times when the at-fault party (aka ‘defendant”) may attempt to transfer (in legal terms “remove”) the case from State Court to Federal Court.  State court generally assumes that one or both parties to the action, are residents of the state in which they are being sued. However, if the at-fault/defendant is not a resident or does not do business in Nevada (if it is an insurance company), the defendant can seek to have the case transferred to Federal Court. When the defendant is not a Nevada resident or business, then the Federal removal is based upon “Diversity Jurisdiction”.  However, the case has to have a value of more than $75,000.00. This is generally called the “amount in controversy”. Relevant case law says that Diversity Jurisdiction exists only "where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs ... " (formerly $50,000). 28 USC§ 1332(a); See Arbau...

The disclosure of damages in Nevada injury cases is mandated by our Nevada Rules of Civil Procedure. Specifically, Rule 16.1 (a)(1)(c) requires that once litigation is ongoing, your personal injury lawyer is required to disclose all of your damages. When does this happen? After an Answer to the Complaint (lawsuit) is filed, then your injury attorney and the other side, will personally meet for an Early Case Conference, to agree on discovery dates and discuss your case. At this Early Case Conference or within 14 days thereafter, your accident attorney will disclose your damages to the other side. There is a continuing obligation to update your computation of damages, so the other side has this information well before any trial date is set.   What do your “damages” consist of in your case? Your damages would be your past and future medical bills, lost wages and any loss you sustained as result of the accident. These are called your “special” damages. Your attorney will also ...

Which costs are allowed in a court case is determined by law.  Costs have been determined to mean a wide range of items, from copy charges, witness fees and legal research. NRS 18.005 defines costs in Nevada:   NRS 18.005  “Costs” defined.   For the purposes of NRS 18.010 to 18.150 , inclusive, the term “costs” means:       1.  Clerks’ fees.       2.  Reporters’ fees for depositions, including a reporter’s fee for one copy of each deposition.       3.  Jurors’ fees and expenses, together with reasonable compensation of an officer appointed to act in accordance with NRS 16.120.       4.  Fees for witnesses at trial, pretrial hearings and deposing witnesses, unless the court finds that the witness was called at the instance of the prevailing party without reason or necessity.       5.  Reasonable fees of not more than five expert witnesses in an amount o...

A car accident happens in Las Vegas. One car is going over the speed limit. The injured party is going 55 in a 45 zone, when another car makes a left hand turn in front of them. The left hand turn driver attempts to argue that if the injured party had been going the speed limit, then the parties would never have collided. This argument is not allowed pursuant to Nevada law. The seminal case from the Supreme Court of Nevada is almost 100 years old and titled Bawden v. Kulinski, 48 Nev. 181 (1924).  This case held excessive speed cannot be used in this manner. Courts have determined that when a driver has the right of way, and his speed does nothing but bring his vehicle to the same location as the other driver, his speed is irrelevant. Regardless of the injured party’s speed, the injured party had the right of way, and the right to assume that no one was going to invade it and cut him off.  Courts have held this way because, saying that a driver’s speed caused a collision, can...

The law governing how to file an exemption from the Nevada’s mandated arbitration program, is set forth in the Nevada Arbitration Rules (“NAR”), Rules 3 and 5. In personal injury cases, if your case has a case value of $50,000 or more, then your injury attorney will file a petition for exemption from arbitration (“petition”). This is done so your case is funneled into southern Nevada’s regular litigation channels and where there is no cap on the amount of damages that you can claim.  This petition must be prepared and filed within 20 days after the at-fault party files its answer to the complaint (aka your initial lawsuit paperwork). The petition will included a brief summary of the accident and your injuries, together with a quick synopsis of your medical treatment and the amount of your medical bills.   Your injury attorney will have to set forth in the petition that your case fits into one of the categories for exemption. Once the petition is signed and filed by your...

You were involved in a car accident . You called the police, but since you aren’t bleeding on the roadway, they won’t come to the accident scene. What should you do after the car accident, while you are still at the accident scene? If you were involved in an auto accident and the police have declined to respond to the accident scene, there are few steps you can take to document the accident.   Step 1 Exchange Information.  After an accident, ask the other driver for their insurance information. They are required by law to have it with them at all times while they are driving on the Las Vegas roadways.   Step 2 Witnesses.  Sometimes, the word of a disinterested witness can decide your case. If there were any witnesses to the car accident, get their names and contact information. Only you can get this information. Ask them for their cel phone number and email as well as their home address and where they work. People tend to move or change phone numbers. So, if you hav...

When your personal injury attorney files a lawsuit in Las Vegas, she has to file what is called a “Complaint”. A Complaint is the actual document that starts a lawsuit. If the insurance company will not settle your case for a reasonable amount, then your personal injury lawyer will file a Complaint on your behalf. It is important to note that Nevada is what is called a “Notice Pleading Jurisdiction”. A ‘pleading’ is any written court document. ‘Jurisdiction’ is what gives the court authority to hear the case. In personal injury cases, jurisdiction is generally determined by physical location (city, county, etc.) and what is in controversy (monetary amount). Although Las Vegas has many courts (please see previous postings for a discussion), most injury cases will be filed in District Court. Our District Court hears injury cases that are valued at over $10,000.00.  Las Vegas is located within Clark County, Nevada. As such, if you case is valued over $10,000.00, then your Complaint ...

Hearsay is basically a statement that was not made in the courtroom, but that someone wants to discuss while on the witness stand. So anytime you hear someone say, “you’ll never believe what Joe told me . . .”, Joe supposed statements would be called hearsay in a court of law. Since you could be making up gossip about Joe, the court wants to make sure this information is true. However, there are a lot of exceptions to this general rule that second hand information cannot come into a trial. Chapter 51 of the Nevada Revised Statutes (“NRS”) governs hearsay and what statements are allowed to come during a trial. Including the basic hearsay rule, there are about 40 different sections to Chapter 51! Today, we are just going to go over the sections that come up frequently in personal injury cases. In an example of an auto accident case, where our driver, Joe, is sitting in his car on his way to work, stopped for a red light. Zoe, who is driving up to the intersection where Joe is sitting, d...

There are special rules on how you can give lawsuit paperwork to someone, and who can receive the lawsuit paperwork. Nevada Rules of Civil Procedure, Rule 4, section (6) governs regular service of lawsuit paperwork upon individuals. Today’s discussion is service of lawsuit paperwork on adults, as opposed to corporations or minors. When you are serving a lawsuit on someone, you, the injured party, are known as the ‘plaintiff; and the at-fault party, the one being sued, is called the ‘defendant’. Service of lawsuit paperwork is legally called “service of process”. Rule 4 of the Nevada Rules of Civil Procedure requires that to legally serve a lawsuit on a person, it must be done: “. . . to the defendant personally, or by leaving copies thereof at the defendant’s dwelling house or usual place of abode with some person of suitable age and discretion then residing therein . . .” This rule requires that a defendant be “personally” served. Although there are special rules for a defendant when...

An Offer of Judgment is a special type settlement offer in a case where a lawsuit has been filed. What makes an Offer of Judgment different from a regular settlement offer will be discussed today. Offers of Judgment are governed by the Nevada Rules of Civil Procedure, Rule 68 and Nevada Revised Statute, Rule 17.115.  Both parties in a lawsuit can issue an Offer of Judgment. That means the injured party, as well as the at-fault party can issue an Offer of Judgment. In an Offer of Judgment, the party desiring to settle, issues a written settlement offer to the other side. If you are the injured party, you are basically saying to the other party, "this is how much I am willing to accept to resolve this lawsuit." If the at-fault party wants to settle, their Offer of Judgment says they will pay a certain amount to the injured party to resolve the lawsuit.   In both instances, if the party who writes an Offer of Judgment is able to obtain a more favorable award at trial, then they...

When you are in a serious car accident in Las Vegas, Nevada, you will likely need medical care even after your case settles. When you are in a car accident or a slip and fall , your immediate feeling usually is one of shock. Once the shock wears off, then your body starts to feel the effects of the accident. After an auto accident where you injured, your body will generally take about three months for its tissues to heal from the injuries you sustained. However, if you sustained more severe internal injuries to your spine or other parts of your body, you will require more treatment. In very serious accident cases, you may need future medical care for the foreseeable future. This does not mean that your case has to be open until you stop needing treatment. Instead, a highly skilled personal injury attorney will make sure that the necessary medical and other experts are hired to document your future medical care. When your case is submitted for settlement, the information will be provi...

With Las Vegas, Nevada being at the center of the western states, semi-trucks pass through our roads and highways every day. When semi-trucks are involved in accidents, serious injuries oftentimes result. Because severe injuries and sometimes fatalities are involved in big rig accidents , investigating them is quite different than the typical rear-end car accident. Police officers with specialized training are oftentimes called to the accident scene. In addition to the standard traffic accident report that is prepared in car accidents, other reports are usually prepared. These additional reports may include a separate investigation report, a reconstruction report and commercial vehicle inspection report may all be prepared. An experienced personal injury attorney will request these reports and make sure all of the necessary information is gathered to preserve your case. Similar to airplanes, big rigs are equipped with the infamous “black box”, which can tell  you a lot about the e...