Personal Injury Law
Including car accidents, dog bites, motorcycle accidents
Personal injury is a type of tort or wrongful act, where one individual is liable for causing harm to another because of failure to exercise reasonable care. The wrongful act can be justification for a lawsuit to recover damages for an injury or other harm, including psychological or emotional distress. Liability is demonstrated by proving that the damages were caused by a foreseeable failure to exercise reasonable care.
Damages may include medical expenses, lost earnings, property damage, pain and suffering, emotional distress, loss of companionship, and legal fees. The purpose of tort law is to provide compensation to the victim for medical bills, lost income and pain & suffering. Most personal injury cases never make it to court. More often, an out of court settlement resolves the issues sparing the parties an expensive, time consuming court trial. Personal injury specialty areas include: motor vehicle accidents, slip and falls, malpractice and product liability. Those types of areas can be further broken down into the following:
- Boat accidents
- Construction site accidents
- Dog bites
- Elder abuse
- Insurance bad faith
- Motor vehicle accidents,
- Motorcycle accidents,
- Pedestrian accidents,
- Plane accidents,
- Product liability
- Premise liability
- Toxic torts
- Trucking accidents
- Wrongful death
Every year thousands of people are injured and hundreds are killed in boating accidents, most of which are preventable and caused by error, whether they occur on a cruise ship, ferry, private boat, jet ski or any type of watercraft. In the event of a boating accident, please consult one of our personal injury attorneys to help evaluate the liability of the accident, as well as to assist in establishing a claim with the responsible party, and helping you coordinate with the necessary medical providers to obtain the treatment that is necessary for a complete recovery.
When there is a defect in the construction of a building, the risk of injury or accident to occupants increases. Our attorneys understand the intricacies of the construction process, and the type of injuries and damages that can occur at a construction site.
Nevada is among the states with a dog bite statute which is intended to keep dogs from being a danger to the community by putting the responsibility of dog bites upon the dog owners. If you have been bitten by a dog in Nevada you may be able to recover compensation for your injuries, scaring, medical bills and emotional trauma.
Elder abuse is a single or repeated act, or lack of appropriate action, occurring within any relationship where there is an expectation of trust, which causes harm or distress to older persons. Although there are many forms of elder abuse such as domestic violence, it does not necessarily include general criminal activity against seniors. However, by statute, seniors do enjoy additional protection under Nevada law, and may be entitled to recover punitive damages against the person who has injured or has taken advantage of them.
Torts such as fraud, slander, liable, embezzlement, theft, assault and battery and any other act committed purposely against someone are intentional torts. The same unlawful act can often be both a crime and a tort, and as such you may be able to prosecute the person civilly and criminally for the injury that has been caused upon you. Furthermore, because these types of actions are intentional by nature, and society does not want such type of action to be continued, in a lot of circumstances one may be able to recover additional punitive damages above and beyond the typical damages that one receives in a typical personal injury case. As such, it is important that if you have been the victim of an attack by a security guard, or have been falsely imprisoned or arrested by either a private security officer, or a sworn law enforcement officer, you may have rights which may have been violated, and you may be able to seek action for violation of your civil rights and recover against not only the individual that may have caused the intentional harm to you, but also his employer which could be a private company or a public company, or a municipality.
INSURANCE BAD FAITH
If an insurance company unreasonably fails to pay claims fully, fairly and promptly, then they may be acting in bad faith. In such a case it may be necessary for the policyholder to file a lawsuit for insurance bad faith against the company. Insurance bad faith claims can include homeowners, life insurance, business, commercial claims, health insurance, auto insurance, and general liability. Additionally, statutes in Nevada also provide that one may recover punitive damages if there is good cause found that there was bad faith on the part of an insurance carrier.
Misrepresentation is a civil law or tort, which means it can lead to civil liability over a financial loss. To create liability, three conditions must generally be present:
- A misrepresentation must be relied on by the listener or reader;
- The speaker must know that the listener is relying on the accuracy and validity of the statement, and
- The listener’s reliance must have been reasonable and justified and the misrepresentation must have resulted in a loss for the listener.
A misrepresentation in a contract can give the parties the right to rescind the contract, but a misrepresentation does not need to be intentionally false to create liability
If you have been injured in a motorcycle accident, you need to understand your legal options. Our attorneys will investigate the circumstances and obtain evidence and statements from any witnesses to strengthen your case. We can help accident victims and their families with the complications that arise when dealing with insurers. We have successfully prosecuted many motorcycle claims and lawsuits as well as have experience with both off road dirt bikes, ATVs, quads, and street motorcycles.
MOTOR VEHICLE ACCIDENTS
If you have been injured in a motor vehicle accident, you should see a doctor immediately. However, you should also see an attorney as soon as possible. If you are able to take photos of the accident, please document such as well as photographs of your injuries if at all possible. The photos may become evidence for your legal case.
If you have been injured in an accident, do not admit fault, for anything, and not to anyone. Even if you think you may be partly responsible for causing the accident, don’t say anything right away. Your recollection could be effected by emotions and pain, so don’t make decisions, settle claims or sign any forms until you are calm and collected. Our attorneys will help insure that your rights are protected regardless of whether you may be partially at fault. We also have the ability to arrange for the same day consultations for personal injury matters either at our office or at healthcare provider or home if you are restricted from traveling. We have the ability to assist you in locating medical providers to obtain the care that you need, and that can properly treat you for the injuries that were caused by the motor vehicle accident. We can assist you in obtaining a rental car, and locating an auto body shop that can repair the vehicle if your vehicle has been damaged. It is extremely important that your case is documented as early as possible, by seeing a medical provider and having our office confirm insurance coverage from the adverse driver, and obtaining a police report and opening claims with the various insurance carriers that may be responsible for the accident. We may be able to assist you with all of these items even if you do not have any type of motor vehicle or health insurance.
If you have suffered a pedestrian accident, you may be entitled to compensation. Pedestrians usually have the right of way. Our attorneys will assist in determining the responsible party as well as the insurance company that may be involved either by the driver of the motor vehicle, or whether it’s a particular owner of the property where the injury occurred. Thus, liability may be extend to the city, county or private property owners if unsafe road or sidewalk conditions contributed to the cause of the accident.
Aviation accidents are rare but negligence is usually involved. If you or someone you know has been the victim of negligent behavior by a pilot, plane manufacturer, or other responsible party, you may be entitled to compensation for your loss and suffering. If negligent acts lead to an accident which resulted in an injury, a pilot can also be found negligent in a separate criminal case. If you have lost a family member in a plane crash, you may have grounds to bring a wrongful death claim for compensation.
If you or a family member has been injured on the job, or while visiting a particular business, and you need help recovering compensation for your medical expenses, please contact one of our attorneys. Our attorneys can advise you of your options and safeguard your rights so you can concentrate on regaining your health.
Trucking accidents fall under the jurisdiction of specific regulations under which the truck companies must operate, including federal laws. If you have been in a semi-tractor trailer or truck accident, various factors will affect the outcome of your case. Truck accidents can be caused by errors such as fatigue, intoxication, service violations, company or individual operator errors. Our attorneys will help protect your rights and determine the responsible party, procuring evidence and witness statements.