Handling Accident

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 ...

“Discovery” in a Las Vegas court cases is a term used for the exchange of information and documents. This exchange of information can be in written form or via personal means. The major areas of discovery will be looked at today.   If your injury was due to a injury causing location, then a “site inspection” will  be coordinated with your personal injury attorney and opposing counsel.  A site inspection means, an investigation of the scene where your injury took place, will be conducted. Your injury lawyer will also ensure that any necessary experts are secured, to also investigate the accident scene.  Discovery also consists of written questions, including Interrogatories, Request for Admission and Request for Production of Documents. Interrogatories are written questions that generally ask you what your injuries are, if you have any lost wages and related items.  Your answers will be typed up, and you will review your typed up answers for accuracy. ...

Being involved in an accident presents a lot of challenges. But, if you are on Medicare then that is another issue that must be addressed after your accident. However, it is important to note that your personal injury lawyer will handle that aspect of your case for you. When you come in for your initial visit, your accident lawyer will have you sign a Medicare form, to determine whether you are currently on Medicare. If you are not on Medicare, you will simply sign the form, indicating that you are not on Medicare. But, if you are on Medicare, then you will be required to provide your Medicare number. The reason this is done, is due to the fact that the at-fault party’s insurance company will require this before any settlement funds can be distributed.   Your injury attorney will want to make sure the end of your case goes as smoothly as the beginning case. As such, your efficient accident lawyer will want you to sign this form at the start of your case. Your attorney will th...

When a Las Vegas personal injury case is settled with the insurance company, the insurance company will require you to sign a document, called a “Release of All Claims”. This document is often referred to as a “Release”. A Release is a document which completely ends your personal injury case against the other party. The Release spells out all of the settlement terms, in writing. As such, the Release sets forth the date of the accident and the amount of settlement for the injuries you sustained in the accident. The Release will also state that the settlement being offered, is the full and final amount you will receive from the at-fault person and their insurance company.  A Release is usually a short document discussing the above. However, before you sign it, your accident attorney will review and go over the Release with you. The insurance company will usually require that you sign the Release in front of a Notary Public, which your personal injury attorney will have available. O...

A common question that comes up in my law practice is how a personal injury case is valued. There are many variables that go into a case valuation. Each of the main variables are discussed today. Medical Bills. Your medical bills make up the first part of how your case is valued. Any accident related treatment you have received would be considered past medical bills and figure into the analysis. Additionally, if you have any future medical costs that have been attested to by your doctor, then those future medical costs will be part of your case valuation.   Lost Income. The next part of the analysis is if you have sustained any lost wages or other monetary losses. So, if you were off work due to accident related surgery, then those losses would be considered part of your past monetary loses. There must be documentation of your past lost income, which may include a letter from your employer and your prior and current tax returns. In serious cases, if your ability to work has been al...

When you select a personal injury attorney to meet with, there are a few things that you need to bring to your initial meeting to make the best use of your meeting. Here is what you should bring to your consultation: Pictures. If you are involved in a car accident and took pictures with your cell phone, you should bring your cell phone to your initial consultation. You will then be able to show your attorney photographs of your car and other vehicles involved in the accident. Once your personal injury attorney has seen the photographs, they will have a better understanding of the accident. You will then be asked to email those pictures to your attorney. Police Printout. If the police were called to the accident scene, you will be given a printout concerning the accident. This is not the official police report, but it called the “Traffic Collision Information” sheet. It is about the same size as a receipt. This sheet lists where and when the car accident happened, as well as who was i...

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...