Handling Accident

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...

If you are involved in an injury accident in Las Vegas, Nevada and a lawsuit is needed to protect your rights, you may be asked to give a deposition. A deposition is simply a statement under oath. The rules governing depositions are found in Nevada Rules of Civil Procedure, Rule 30. Rule 30 goes on for pages and pages. Today’s blog will give a quick summary of Rule 30. During a lawsuit, the at-fault party’s attorney is allowed to take your deposition. However, they have to provide you with at least 15 days notice of the deposition. In practice, you are usually given more notice than the 15 day minimum. Additionally, the deposition will be coordinated with your schedule in mind. Rule 30 states that the party wishing to take your deposition must pay for the cost of the deposition and tell you in advance how it is going to be recorded. Most depositions are recorded by a stenographer, more commonly called a court reporter. The other way a deposition may be recorded is via videotape. Again...

Defense Medical Examinations happen in Las Vegas, Nevada personal injury court cases. It is important to note that Defense Medical Examinations only take place when the insurance company refuses to settle and you are forced to go to court to enforce your rights. When a Defense Medical Examination does take place, clients have questions concerning what they can expect in the process. Today’s discussion will hopefully answer some of your questions concerning the process.    When you are injured an accident and now are having long term health effects, the insurance company for the at-fault party will sometimes want their doctor to examine you.   This is called a Defense Medical Examination. The rule governing Defense Medical Examinations is set forth in the Nevada Rules of Civil Procedure (“NRCP”), Rule 35:   RULE 35.  PHYSICAL AND MENTAL EXAMINATION OF PERSONS        (a) Order for Examination.   When the mental or physical condition (inclu...

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...