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.