Showing posts with label injured party. Show all posts
Showing posts with label injured party. Show all posts
Thursday, September 13, 2012
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.
Thursday, September 6, 2012
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.
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.
Labels:
injured party,
injuries,
loss of consortium,
relationship
Thursday, August 23, 2012
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.
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.
Labels:
injured party,
injuries,
negligence,
Nevada law,
slip and fall
Thursday, August 9, 2012
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.
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.
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