Who pays for the repairs of my car after a car accident?

The party that is at fault for the accident is responsible for the repairs to your vehicle subject to the limits of the party’s insurance coverage.

My apartment complex refused to fix a staircase and I fell and injured myself, can I sue the apartment complex?

Yes. The injured party need only show that the apartment complex knew or should have known that the staircase was dangerous and posed a risk of injury to tenants or other parties visiting the complex, that the apartment complex breach the duty by not repairing or maintaining the staircase, that the failure of the apartment complex to fix the staircase caused of the injuries, and that the injured party actually sustains medical and/or physical damage.

My wife was in a car accident and sustained severe injuries, can I sue for loss of consortium?

Yes. Clients think that loss of consortium involves the value of the physical aspects of a relationship (sex) when in actuality it is more valuable when it is argued based upon every other aspect of the relationship that is lost as a result of a given party’s injuries.

For example, a loss of consortium claim is much more valuable when an injured party can no longer make coffee for their partner as a result of their injuries for the rest of their lives as an example.

The smaller the loss as an example often documents those most important aspects of a relationship between two people that is the basis for a loss of consortium claim by the partner of an injured party.

I was injured while at work, can I sue my employer?

Typically no. Nevada law allows injured parties only to make claims under worker’s compensation insurance for injuries and damages sustained while under the course and scope of employment with one exception.

That one exception is when the employer intends to cause injury to the employee. Only under the circumstance where the employer intends to cause injury to the employee can the employee directly sue the employer outside of making a claim under worker’s compensation insurance.

I slipped and fell on water on the floor of a bathroom in a restaurant and sustained injuries, is the restaurant responsible?

Possibly. Even though an accident occurs on private property does not mean that the property owner is responsible for such injuries.

An injured party needs to show that the property owner had a duty to keep the bathroom floor in a clean and safe condition, that the property owner breached the duty (by failing to clean the bathroom floor or failing to repair a leaking sink as examples), that the slip and fall on the water on the floor caused the actual medical injuries, and that the injured party suffers actual damages.

Establishing each element is the definition of negligence under Nevada law and would document a case against a property owner for negligence.

I was hit by a drunken driver, can I sue the driver for being drunk?

Yes. A drunk driver is subject to punitive damages under Nevada Law for operating a motor vehicle and causing injury while under the influence of an intoxicating beverage or drugs.

I do not have medical insurance, how can I receive treatment for my injuries after a car accident?

There are ways in which an injured party can obtain medical treatment after an accident including treatment under medical liens and medical payment insurance under the injured party’s own automobile insurance.

Medical liens are legal agreements with the medical providers in which the injured party agrees to compensate the medical provider from the proceeds of any settlement for medical services provided to the injured party prior to any such settlement.

Medical Payments (often called Med Pay) is insurance paid for under the injured party’s own insurance and covers any medical treatment that results from the accident up to the limits of coverage.

For example, $1,000.00 in Medical Payments Coverage under an injured party’s insurance would cover up to $1,000.00 of incurred medical expenses resulting from an accident during the term of the policy of insurance.

I was bit by my neighbor’s dog, do I have a cause of action against my neighbor?

Yes depending on the facts of the bite. Like any other negligence case, a person that is injured as a result of negligence must show a (1) duty on the part of the dog owner (i.e. that the owner knew or should have know that the dog had a propensity to bite), (2) breach of that duty (i.e. failure to warn, failure to keep the dog caged,or failure to protect those subject to being bitten by the dog), (3) the bite is the actual cause of the injuries sustained and (4) medical damages and/or injuries.

If I am attacked by a dog, do I have the right to make a claim against the owner?

Dog bite cases are very prevalent and you are definitely entitled to make a claim against the dog owner and in certain circumstances, you may have a claim against the owner’s home owners insurance policy. Dog bite cases are often severe and cause traumatic injuries often requiring one or more plastic surgeries. These surgeries significantly increase an injuries parties medical damages and overall recovery for pain and suffering. Choosing an attorney that deals frequently in dog bite cases, will likely improve your ability to recover your maximum compensation.

What questions should I ask a potential automobile accident attorney during my initial consultation?

There are several attorneys that practice in the area of automobile accidents. Some of those attorneys will strive to obtain the best possible settlement while others are more interested in settling the case as soon as possible to make a quick buck. When hiring an attorney, you should ask specific questions to ensure your attorney is experience and willing to put forth the effort for you to obtain the best possible settlement. Some of the questions are as follows:

1. What should I do about my injuries;
   
2. What coverage is available for my injuries and damages;
   
3. Do you handle the personal property damages (i.e. loss of use) along with the personal injury damages;
   
4. When is the proper time to make a settlement demand;
   
5. What am I likely to recover monetarily in this matter;
   
6. What happens to my medical bills following resolution of my case;
   
7. Are you will to work with the medical providers to reduce with medical bills thus increasing my monetary recovery;
   
8. What experience to you have in representing parties in automobile accidents;
   
9. Is there someone in your office I can speak to in your absence;
   
10. Will you be handling the case personally;
    
11. What is your policy or returning telephone calls and providing documentation to me from the other party;
    
12. Do you have medical providers that can treat me for my injuries;
    
13. How long will the claim/case take before it is concluded; and
    
14. Will I have to go to court to pursue this matter.
    

Why should I retain an attorney versus handle the matter myself after being involved in an automobile accident?

Many people attempt to represent themselves after being involved in an automobile accident; however, the insurance companies are not on your side. You may be entitled to benefits and compensation to which the insurance will not disclose. While you are unaware of your rights, the insurance companies will likely attempt to settle your matter quickly at a considerably lower cost to the insurance company.

Insurance companies will likely attempt to obtain a recorded statement immediately after the accident and prior to you retaining counsel thus you may not fully understand your injuries and rights. Once the recorded statement is obtained, the insurance company will attempt to use the statement against you when settling your matter.

Some benefits the insurance may not disclose to you are as follows:

• Right to a rental car;
  
• Right to compensation to pain and suffering;
  
• Right to compensation to medical damages;
  
• Right to compensation to lost wages;
  
• Right and compensation for disabilities if any arise; and
  
• Right to fair market value for your vehicle.
  

What if I am involved in an automobile accident with a person that does not have insurance or I do not know if they have insurance?

If you are involved in an accident, where the other driver is at fault, but does not have insurance or if you are unaware if they have insurance, you must speak to an attorney to determine other avenues of recovery. An attorney will be able to determine in the drive does in fact have insurance. If there is no insurance, you may be able to submit a claim against the at fault party directly and/or make a claim against an uninsured or underinsured policy of insurance with your own insurance company.

In my experience, in cases like these, you should avoid speaking to your own insurance company until you seek the advise of counsel.