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.