Legal Blog by Las Vegas based Richard Harris Law Firm

In most personal injury and auto accident cases, the victim will face questions from the other party’s legal team and insurance company about pre-existing injuries before the accident. People assume that the victim was completely healthy before the accident, although that is rarely true. Most people deal with injuries or health conditions, major or minor, throughout their life and it may be right before the accident. Injuries can vary, some being mental, some being physical, and some being a combination of the two. Generally, victims are not entitled to compensation for injuries and conditions that occurred before the incident happened. However, victims may be entitled to compensation for pre-existing injuries that were made worse due to the accident.

Disclosing Prior Injuries

It is important that people involved in accidents or injury cases are honest with their attorneys about their injuries or prior injuries. Failing to disclose previous injuries can work against you, as your chances of a fair settlement may be diminished. Disclosing prior injuries is essential because if they were significantly worsened due to the accident or injury, you may receive additional compensation for it. Also, doctors can look deeper into the previous injury and how it was aggravated due to the new accident, making your chances greater for compensation. As a victim, you should never feel discouraged to disclose prior injuries or conditions. Having detailed and complete medical records of your previous injury or condition can substantially change the current case and the compensation you may receive because of it.

The Eggshell Theory

A person’s pre-existing injury or condition may make them more susceptible to an injury in an accident. However, that doesn’t mean that they are less entitled to compensation because of that. In the “eggshell theory,” defendants must take plaintiffs as is, and they are not allowed to use the plaintiffs’ previous injuries during injury attribution. This rule applies to all personal injury and auto accident claims, and it states that the fragility of the injury victim is not a valid defense against a claim. According to the “eggshell” rule, defendants are liable for all damages that stem from their negligent actions, even if they had no idea about the victim’s previous conditions and that it played a role in affecting the severity of the injury. It is essential that the victim explains his or her conditions after an accident to their medical and legal team to be properly treated and accurately compensated. 

Proving Prior Injuries

Although every case is unique, prior injuries offer a set-in-stone way for judges and lawyers to see how the victim has suffered because of a subsequent event. It is important that your lawyer works with your medical team to provide an honest and complete documentation of your prior condition or injury. Your attorney will attempt to establish the degree to which the accident worsened your prior injury or condition, minor or major. Providing detailed medical records proves your prior injuries or conditions and gives you a greater chance for compensation. 

You should never feel discouraged to disclose a prior injury in order to pursue compensation, as it is completely normal for people to have their previous conditions or injuries worsened due to an accident. Nothing is more important than one’s health, and understanding the severity of an injury, the treatment for the injury, and the time an injury takes to heal is very important for the person and the lawyers to understand. If you have been injured due to someone’s negligence, it is important that you seek a qualified legal team to help you receive compensation. At Richard Harris Law Firm, our attorneys understand the legal system better than anyone else, and will help you get back on your feet. We will help you recover compensation for your pain and suffering, but if you have a pre-existing injury, don’t let that derail you from pursuing a personal injury claim. We will aggressively fight the charges for you and detail medical records and other important evidence in order for you to receive the correct compensation.

Traumatic brain injuries can be devastating to one’s life, as the effects can be unpredictable and life-lasting. Unlike most other injuries, brain injuries do not heal the same, as symptoms could appear right after the accident, or they could appear months after the accident. These injuries cause permanent biological damage and could require lifetime medical treatments. According to NRS 427A.850, Nevada has a unique program to protect victims of traumatic brain injury. The program includes special treatment, such as in-home care, care provided in an assisted living facility, and special instruction in the skills required for independent living and job placement. Additionally, there is treatment for substance use disorders and support for the family of the victim. Every victim of a traumatic brain injury has the rights to these services and is encouraged to take advantage of them in order to compensate for their suffering.

Causes of a Traumatic Brain Injury

Traumatic brain injuries can be caused in many different scenarios, including slip-and-falls, motor vehicle accidents, sports-related injuries, or even construction accidents. If you suffered from a traumatic brain injury, you are highly encouraged to seek medical assistance right away, because the injury can be made worse if you fail to seek assistance. Swelling or bleeding of the brain can cause fatal results either hours or days after the accident first occurred. According to the CDC, the number of student-athletes who have received traumatic brain injuries due to physical contact in sports have significantly increased over the last few decades. Chronic Traumatic Encephalopathy, otherwise known as CTE, is commonly found in football players or boxers. CTE is a form of a traumatic brain injury, as it results from having multiple concussions, causing mood and behavioral disturbances. Another significant risk of having a traumatic brain injury is repeated head trauma. An example would be having multiple concussions, as it is unlikely to have head trauma from one concussion, but it is likely that after multiple concussions you would start having effects of head trauma. Traumatic brain injuries are very serious, and there are multiple causes to being diagnosed with one.

Effects of a Traumatic Brain Injury

As a doctor, it can be difficult to figure out how serious a brain injury really is, as even severe brain injuries can appear mild at first. While brain injuries have life-lasting effects, some of the effects you feel can be short lasting, such as:

• Dazed feeling
• Pain shortly after the injury
• Memory loss
• Uneven pupils
• Unconsciousness
• Seizures
• Visual disturbances

Long-term effects from suffering traumatic brain injury can be very unpredictable, and the cognitive effects can be life-lasting. The effects of head injuries are different for everyone, as some people may not even feel dazed or have pain from their head injury, although that doesn’t mean there is no injury.

Compensation for Brain Injuries

If you are a traumatic brain injury victim due to someone else’s negligence, you are entitled to receive compensation. The injury compensation includes the amount of lost wages, medical care bills, property damage, pain and suffering, and loss of quality of life. Your life is completely changed when you receive a traumatic brain injury, and it is only right to receive compensation, especially if someone else caused it. If you are a victim of traumatic brain injury, there are certain documents you must have ready to provide to the court and doctors. These documents include insurance information, social security, driver’s license, school records, work records, accident report, bank statements, and birth certificate. These documents give the court, the doctors, and the person who caused you the injury more insight on how much it cost and how it changed your life, including employment. Bills for traumatic brain injuries can get very expensive, as some services may even get into the millions. It is highly encouraged that you file for compensation if you received a traumatic brain injury.

Traumatic brain injuries are very different and more serious than most other injuries, and it is important that you get help in order to get back on track. If you or a loved one has suffered a traumatic brain injury, it is best to reach out to a legal team to talk about the situation that led to your brain injury, and if it was caused by someone’s negligence. Although no one can reverse the incident that led to your traumatic brain injury, our attorneys at Richard Harris Law Firm can help you receive compensation to pay for your medical bills and other damages that have altered your day-to-day activities.

Youth sport injuries can be very life-changing and devastating because of how serious they are. In order to keep your child safe while playing the sport they love, it is important that you are aware of how they can get injured and try to prevent it. Using the right equipment and understanding the rules of the game and how to play fair are the two most important ways to help prevent injuries. Getting injured at a young age can carry on for the rest of your life, causing more injuries that can be serious later on.

Types of Sport Injuries

Common injuries among children playing sports include concussions, muscle strains, broken bones, fractured bones, traumatic brain injuries, spine injuries, or even a heat stroke. There are two kinds of sports injuries, acute traumatic injuries and overuse injuries. Acute traumatic injuries are injuries like fractures, strains, sprains, concussions, and cuts. These result from getting tackled in football, getting checked in hockey, or falling off a skateboard. Overuse injuries are ones that include stress fractures and tendonitis. Stress fractures and tendonitis can be life-lasting, irritating injuries that can come up later in your life. They are otherwise known as chronic injuries because they can result from overtraining and can get more serious if they are not treated properly.

You can get injured anywhere on your body, but there are areas in your body where injuries are more common or more serious in certain sports. Neck and head injuries most often occur in sports like football, hockey, or rugby, because of the contact in the sport. Neck injuries are also common in gymnastics because of falling accidents. Neck and head injuries are typically the most dangerous injuries as a child, because of the long-lasting symptoms they can include. Back injuries are typically derived from twists or overexertion of back muscles while bending over or lifting improperly. Similar to head injuries, back injuries are most common in contact sports like football, although weightlifting is a big cause of back injuries. However, hand and wrist injuries are extremely common in almost every sport. Fingers, hands, and wrists are all at risk when playing sports like basketball, where the ball can jam into your finger or sprain your wrist trying to steal the ball. These types of injuries can all seem minor, but can turn into a major injury if it is not treated properly and in a timely manner.

What To Do If Your Youth Incurs a Sports Injury

If your child believes they are injured during the game or activity, it is important that they take a rest on the sidelines and take care of the injury before going back out. It is important that if you believe the injury is serious, you consult a doctor. Signs that you should see a doctor include:

• Unbearable pain
• Swelling around injured area
• Limping
• Limited range of motion
• Continuous pain

Claim for Sports Injuries

It is possible to receive a claim if your child incurs a sports injury, and it depends where the injury originated from. If the injury originated from human negligence, defective products, or an unsafe environment, then it can be possible to receive compensation. A significant barrier to recovering damages from a sports injury is the assumption of risk, or a notion of consent. Typically, there is an assumption of risk for every sport, such as if your child is playing tackle football, there is a risk for a concussion. However, receiving an infectious disease in the locker room after the game does not fall under the assumption of risk. If you are filing for a claim due to someone’s negligence or a defective product, there is typically a cap on the amount you can claim. This is due to state sovereignty laws protecting public schools and universities; however, private schools and universities do not fall under the state sovereignty laws. It is important that if you are attempting to file a claim, you understand what the school falls under and the details regarding it.

Youth sports injuries could seem minor, but can be detrimental to your child’s health later in their life. It is important that as a parent, you take caution and ensure your child has the correct equipment and understands the rules to help prevent injuries from happening. If your child has incurred a sports injury due to someone else’s negligence or a defective product, it is important that you seek legal assistance to help receive compensation. At Richard Harris Law Firm, our trusted attorneys have years of experience dealing with youth sports injuries and can help you with your case and inform you about the seriousness of sports injuries in children.

Being a motorcyclist can be very dangerous, as suffering a fatal injury as a motorcyclist is much more common than suffering a fatal injury driving a car. A very common cause of motorcycle accidents is drivers breaking the Nevada traffic laws. If you want to become a motorcyclist in Nevada, there are specific laws that you must meet before driving a motorcycle on the road. Motorcyclists are required to have a class M license and wear a helmet that follows the Nevada motorcycle helmet standards. In Nevada in 2019, 51 motorcyclists lost their lives due to a fatal traffic accident.

Motorcycle Licensing

In some states, drivers with a standard driver’s license can take one test to receive a motorcycle endorsement. Legally in Nevada, you cannot operate a motorcycle without obtaining the correct license, a class M license, which can be added to your current driver’s license. To receive a class M license, you must either enroll in an approved motorcycle course and pass the course, or you can request a written and skills motorcycle test with the Nevada DMV. If you are under the age of 18 attempting to obtain a class M license, you must follow the additional requirements:

• Show proof of school attendance.
• Complete driver’s education.
• Pass a vision and knowledge test.
• Receive a learner’s permit.
• Show proof of 50 completed hours driving with a licensed driver that is at least 21 years old.
• Finally, pass a driving skills test.

Motorcycle Helmet Laws

According to the Nevada Law NRS 486.231, all motorcycle operators and passengers must wear a helmet at all times. If there is no windshield on the motorcycle, protective eyewear and face masks are required. The other important motorcycle helmet safety laws include:

• Passengers of three-wheeled motorcycles must wear protective eye and face gear, unless the motorcycle has an enclosed cab.
• While riding on a highway, all motorcycle passengers must wear securely fastened helmets, and protective eye and face gear if there is no windshield on the motorcycle.
• If the motorcycle is participating in an authorized parade, motorcyclists and passengers are not required to wear protective clothing and gear. 

Required Motorcycle Equipment

A motorcycle must meet all state and local requirements of specific equipment in order to be legally drivable on public roads. A motorcycle must be safe and have proper equipment, such as at least one headlight, electric turn signals, front and back fenders, front and rear brakes, a working horn, a muffler, one rearview mirror per handlebar, a visible rear reflector, visible red tail light, and a brake light that is clearly visible. If you are a motorcycle owner, it is essential that you maintain your vehicle in proper conditions to keep you and other drivers on the road safe. Maintaining poor motorcycle conditions can be very dangerous, as faulty parts may malfunction or break down, resulting in a potentially very dangerous scenario as a motorcyclist. 

Lane-Splitting Law

As a motorcyclist, you have the right to use an entire lane of traffic, on standard roads and the highway. However, a motorcyclist is legally allowed to share the lane with another motorcyclist, but not another motor vehicle. It is against the Nevada law for a motorcyclist to ride between two separate lanes of traffic moving in the same direction. This action is called lane-splitting, and it can be extremely dangerous for the motorcyclist, as they are tightly in between two different vehicles. Even if there is surrounding traffic and vehicles are stopped, it is still illegal to drive between two lanes going the same direction. 

The Nevada Laws for motorcyclists can seem very strict for some motorcyclists, although it is just to keep everyone on the road safe. There have been many fatal motorcycle accidents, and it is important that all motorcyclists and passengers keep their motorcycles properly maintained and follow the proper Nevada traffic laws. If you or a loved one has been involved in a motorcycle accident, it is important you hire a trusted legal team to help assist you. At Richard Harris Law Firm, our attorneys have had years of experience dealing with cases dealing with motorcycle accidents, and are more than willing to aggressively fight the case by your side to ensure proper compensation.

Like all states, Nevada has specific laws governing wrongful death claims. A wrongful death lawsuit occurs when a victim dies or is killed as a result of someone else’s negligence. In these very unfortunate cases, the surviving family members or executors of the victim’s estate bring a claim for money damages. Additionally, a wrongful death action is considered a civil action rather than a criminal action, and the suspect will not face incarceration. The family of the victim pursues legal action for payment to compensate them for their losses, both financially and for their pain and suffering.

Who Can File a Wrongful Death Lawsuit?

According to the Nevada Law, there are only certain parties that legally have the right to file a wrongful death lawsuit after another person’s negligence caused a fatal injury to someone else. The State of Nevada permits the personal representative of the deceased person’s estate to file, as well as the spouse and domestic children of the deceased person. If the person did not have a spouse or children, then the parents are allowed to file the lawsuit. There are other people closely related to the deceased person that are ineligible to file, such as:

• Close friends
• Boyfriend/Girlfriend
• Fiancees 

Who Are the Defendants?

According to NRS 41.085, any person, organization or company can face a wrongful death lawsuit for wrongfully causing a person to pass away. Examples of possible defendants are:

• A person who intentionally murdered someone else. 
• A driver who accidentally killed someone on the road while intoxicated or driving recklessly.
• A doctor who negligently killed a patient by administering standard medical care.
• A hotel that failed to monitor carbon monoxide levels, causing their guest to die. 
• A parent who negligently let their minor child play with their gun, causing them to accidentally kill someone

There are many possible different defense strategies the defendants can use in an attempt to escape liability. Common defense arguments include:  

• The defendant was falsely accused by someone else.
• The defendant is the victim of a mistaken identity.
• The defendant did not contribute to the victim’s death, even if they were at the scene.
• The defendant was acting in a way of self-defense when they killed the victim.
• The victim signed a legal release agreement taking all responsibility for their death.

What Damages Are Available?

Every case is different, and the compensation available to surviving family members all depends on the circumstances of the case. The judge or jury, or insurance company, will issue compensation to the victim’s family according to the economic and noneconomic damages the family can prove exist. The finances that the victim’s family can recover for compensation are medical bills up to the time of death, property damages from the incident, funeral and burial costs, lost earnings and inheritance, loss of loved one’s affection and love, and punitive damages. The monetary value differs for every case, and there is no average settlement that can accurately estimate what a family can receive from the insurance company because of the wrongful death. 

How is the Settlement Divided?

The settlement for the wrongful death will be divided among surviving family members according to NRS 41.085. The law states that a deceased person’s heir, which is a person who would be entitled to succeed the property if the victim had died intestate, are entitled to a portion of the settlement award. An heir can prove their grief, sorrow, and loss of companionship to establish eligibility for a portion of the settlement. Once the court has heard evidence from all the heirs, they will then divide the settlement in proportion to the respective damages of each heir. In most cases, the largest sum of money from the settlement will go to the surviving spouse or domestic partner of the deceased. The second largest sum of money will go to any of the surviving children, and the rest will be divided among other beneficiaries if they can prove they suffered losses due to the wrongful death. 

If a loved one has passed away due to the negligence of someone else, it is important that you hire a defense attorney to help you and loved ones of the deceased to receive proper compensation. Wrongful death lawsuits can seem very complicated, and having an experienced legal team by your side to explain the laws of wrongful death lawsuits is very beneficial. At Richard Harris Law Firm, our attorneys have had years of experience dealing with wrongful death lawsuits, and will effectively and efficiently work by your side for you to receive the compensation you deserve. 

At some point, almost everyone has jaywalked, although it is illegal. All pedestrians who want to cross a street must only do so in a clearly marked crosswalk and at the right angles of the curb. The Nevada Law prohibits jaywalking, which is when a pedestrian crosses a street that is not marked as a clear crosswalk. Jaywalking is more regularly enforced in Nevada in places such as downtown Las Vegas, The Strip, downtown Reno, or any other populated area with many pedestrians and drivers. Typically, police officers will issue citations for jaywalking similarly as they would for a traffic ticket.

Penalties for Jaywalking in Nevada

Jaywalking is considered a misdemeanor in Nevada, and the fine for jaywalking varies depending on the city in Nevada you are in. For example, a fine for jaywalking in Las Vegas is $160 and the fine for jaywalking in Reno is $115. Jaywalking is a minor offense, and may serve as a plea bargain if the defendant is facing more serious criminal charges. For example, if the defendant was charged with shoplifting, they may plea bargain and the shoplifting charge could be lowered to a jaywalking charge. If you get convicted for jaywalking, you will not receive any demerit points or have your driver’s license revoked.

Defenses to Jaywalking in Nevada

It is very common for people who are cited for jaywalking to just pay the fine without disputing the charge. However, there are various defenses that the defendant can explore if they do wish to fight the charge.

• The defendant crossed at a clearly marked crosswalk and the police officer mistakenly thought the defendant was not in the crosswalk.
• The police officer mistakenly cited the wrong person and misidentified the alleged jaywalker.
• There was an emergency situation, such as an out-of-control vehicle or a tree falling and the defendant jaywalked to avoid an accident and protect themselves.

What Happens If I Get Injured While Jaywalking?

Everyone, including pedestrians and drivers, must follow the rules of the road. It is very common for people to believe that the law will always come down the hardest on drivers, and pedestrians always have the right of way. Although, that is not necessarily true. In the case of jaywalking, the pedestrian most likely doesn’t have the right and they are partaking in illegal activity in a place where they shouldn’t be doing it. The pedestrian will likely be found partially at fault, and any damages the pedestrian is able to cover, such as compensation for injuries, from other at-fault parties may be lowered.

Comparative Negligence

Under the comparative negligence rule, the plaintiff’s level of fault determines the total amount that they can recover from the other at-fault parties. Comparative negligence will reduce by a comparable extent the amount of any damages awarded to the injured party. If the state adheres to this doctrine properly, the courts will lower the amount of damages by the percentage of blame shouldered by the injured person. However, states can follow the doctrine of modified comparative negligence. Under the modified comparative negligence doctrine, the injured pedestrian will receive compensation for damages if they are blamed for less than half of the accident. If the courts determine that the pedestrian was 50 percent or more at fault for the accident that caused his or her injuries, they will receive no compensation under modified comparative negligence.

In any legal claim involving jaywalking and injuries from jaywalking, the laws can be very complicated, but very important. The court will make its decision based on both at-fault parties, the arguments between them, and evidence. If you are a pedestrian who was jaywalking and hit by a motor vehicle, your entitlement for compensation depends on your personal injury attorney and the decisions made in court. At Richard Harris Law Firm, our qualified attorneys have had years of experience dealing with cases between pedestrians and motor vehicle accidents. If you were a pedestrian who was hit by a motor vehicle, reach out to us and we can help aggressively fight the charge so you can receive the compensation you deserve.

In Nevada, if you are injured as a result of someone else’s negligence, you have the ability to sue them and receive compensation for any medical bills. Most of the time, the person fails to admit negligence right away, requiring extensive evidence to prove the injuries rooted from that accident. In some cases, the victim is unable to pay for their medical bills and although they may receive compensation, it might not be right away. A medical lien grants a health provider the right to be paid for services directly from the proceeds of a patient’s personal injury lawsuit. Liens allow hospitals to provide emergency care to uninsured patients in order to claim a portion of any legal award that the patient could receive from the injury.

How Do Medical Liens Work?

Medical liens are generally used whenever a victim of personal injury cannot wait for a settlement to be over to claim the money. Typically, the victim would need a medical lien because either they do not have health insurance or they cannot afford to pay the deductibles under their insurance policy. Depending on the injury and lien, some liens are automatically created due to a provision of law. Most of the time, however, liens are created from a contract between the victim and the medical provider. Once the lien contract has been signed, the doctor who provided the services has the right to be paid first when the money from the accident has been given to the victim.

What if I Lose in Court?

If the victim loses his or her case in court and does not have the funds available to pay for the medical bills, the provider essentially loses money. However, there is typically a negotiation process between the provider and the victim of the injury, resulting in the victim paying half of the medical bills. The medical providers tend to be cooperative in negotiating medical bill expenses because they know that if the victim loses the case, they will be losing money. Additionally, if the medical bills are more expensive than the money from the settlement, the provider could negotiate a reduction in medical bills.

Lawyers Purchasing Liens

Lawyers began purchasing medical liens from medical providers for their clients of personal injury incidents to enable doctors to be free from prohibition against medical lien companies. Conflict can arise when the client does not want the lawyer to pay the lienholders the specific amount, or the amount is different between the lawyer and the lienholder. Liens that were purchased from the lawyer have priority, resulting in the remaining funds from the lienholders to be negotiated.

Doctors Purchasing Liens

It is common for people to believe that medical liens give you an advantage for paying the bills instead of using health insurance. Since you are financially responsible to pay the remaining portion of the medical bills that the insurance did not cover, you want the bill to be as low as possible. Doctors began forming companies that purchased medical liens at a discounted rate, causing the lien company to collect money directly from the victim’s attorney when the case has been settled. The doctor will send the client the full rate of the medical bills and will only be discounted after the bills were sent to your insurance for reimbursement. The State of Nevada was aware that the lien purchasing companies were typically owned by the doctor who was providing the treatments, causing them to maximize on their profits. Ultimately, the Nevada Law NRS 629.078 states that if a healthcare provider held a financial interest to acquire a lien that is based upon services provided to the patient who has filed a civil claim to recover damages, they will be charged with a category E felony.

If you or a loved one has been involved in an accident that requires immediate care and cannot afford it, reach out to an experienced lawyer who can help you with a medical lien. It is important that you seek a legal team when fighting this case, as it can be extremely difficult to receive a medical lien without one and even win the case. Here at Richard Harris Law Firm, our qualified attorneys will inform you on the details of receiving a medical lien, and ensure full compensation due to the negligence of someone else.

When a minor under the age of 18 receives money or other property of value, the court has to approve the settlement of the minor’s claim to either receive money or a property of value. Parents and legal guardians of the minor maintain the right to enter a settlement on behalf of their children in Nevada cases. The Nevada Revised Statute 41.200 addresses minor’s compromises.

What Is a Compromise for a Minor’s Settlements?

The compromise of a claim made by someone under the age of 18 refers to the settlement of a disputed claim for money on behalf of the minor. An example would be medical bills resulting from a traumatic injury due to playing sports, or compensatory damages from injuries originated from a car accident. The Nevada Law provides certain types of agreements to become legally binding as long as they were approved by court because a minor cannot legally represent themselves in court. The role of the court is to protect the minor and ensure the settlement is proven by evidence. Additionally, the court must ensure all appropriate medical bills are paid, liens are resolved, and the money is stored away for the minor until he/she turns 18. Depending on the situation, the court may issue the minor access to the money in order to pay important medical bills.

The Procedure Comprising an Underage Claim

When involved in an underage settlement, the minor’s claim must be approved by the court in the county where the minor resides, or if the minor lives outside of Nevada, wherever the incident took place in Nevada. The court must sign and approve a written petition in order of the compromise to take place and the minor to receive compensation. Within the petition, all relevant medical and health care records must be shown in order to receive compensation for the bills. The documents must show the injury, treatment of the injury, and details of medical expenses such as who paid for it, the price of treatment, and if there is potentially any future expenses. If the district court officially approves the compromise of the minor’s claim, the court must either direct the money to the parents or legal guardians of the minor, with or without a bond.

Blocked Trust

After the procedure of compromising the minor’s claim, the parent or legal guardian that received the funds must set up a blocked financial investment account for the benefit of the minor. A blocked financial investment account consists of a savings account, a certificate of deposit, a United States savings bond, variable or fixed annuity contract, or any other trusted investment that has been approved by the court. If the balance of the investment is over $10,000, the Nevada Law requires the parent, legal guardian, or whomever is in charge of the investment to annually file a report with the account activity from the previous year. If the balance of the investment is less than $10,000, the court is entitled to ask for periodic reports of the account activity. It is important that whoever is in charge of the investment account is informed about the rules and regulations behind the investment account. Following these rules will ensure that the minor will receive the money when they turn 18, or that it will be used for necessary bills.

Respecting and following NRS 41.200 regarding underage settlements allows the defendant and insurance company to know that the incident has been resolved and the settlement has come to an end. This is the most clear way to avoid potential issues that could appear in the future. If you or a loved one is a minor who has been injured and looking for compensation, Richard Harris Personal Injury Law Firm has attorneys with years of experience involved in cases including underage settlements. Our attorneys will aggressively work the case and ensure that you receive compensation and the money is stored away in a blocked financial investment account until you turn 18.

Regarding labor and right to pay laws, every state is unique and has its own policies. Throughout the years, Nevada has gone through a significant transformation regarding employment laws. There are many changes in laws, including overtime, vacation, wages and more. Nevada has improved on its labor laws to better help employees and give them benefits that they deserve.

Minimum Wage and Overtime

Starting July 1, 2021, the minimum wage in Nevada will be raised to $9.75 an hour for employees who are not offered qualifying health benefits. The minimum wage will be $8.75 an hour for those who are offered qualifying health benefits. Due to the increase of minimum wage, there is an increase to the threshold for daily overtime. Nevada recognizes that daily overtime is working more than 8 hours in a 24-hour period. Nevada also recognizes overtime as working more than 40 hours per week. Employees who earn less than $13.13 per hour and are offered qualifying health benefits from their employers are entitled to overtime whenever they work more than 8 hours in a 24-hour period or more than 40 hours per workweek. Employees that are earning more than that threshold amount are only entitled to overtime by working more than 40 hours per workweek. Nevada Law requires overtime pay at the rate of 1 ½ times the employee’s standard hourly wage. Nevada exempts executive and administrative employees from receiving overtime wages due to their status.

Meals and Breaks

According to the Nevada labor laws, employers are required to provide employees with a meal period of at least 30 minutes when they are working for a continuous period of 8 hours. Employers are also required to provide employees with a minimum 10-minute break for every 4 continuous hours worked. The breaks given by the employer are required to be paid breaks, by Nevada labor law. If an employee is working less than 3 ½ hours, the employer is not required to give them a 10-minute break. There are certain exceptions where an employee may not be able to receive a paid meal or break, such as if they are the only employee at the place of employment. Also, an employee may be able to decline their meal or break if they wish, and continue working. The specific meal and break time period includes:

• One 10-minute break if the employee works at least 3 ½ continuous hours and less than 7 continuous hours.
• Two 10-minute breaks if the employee works at least 7 continuous hours and less than 11 continuous hours.
• Three 10-minute breaks if the employee works at least 11 continuous hours and less than 15 continuous hours.
• Four 10-minute breaks if the employee works at least 15 continuous hours and less than 19 continuous hours.

Vacation and Illness Leave

According to Nevada labor laws, employers are not required to provide employees with either paid or unpaid vacation leave. As an employer, you have the ability to decide whether or not you want to give your employees the benefit of taking a vacation leave. The employer has full power deciding the policies regarding vacation leave, and they are able to decide whether or not vacation is allowed, and the length of it. Regarding illness leave, the Nevada law does not require employers to provide employees with either paid or unpaid illness leave. Similar to vacation leave, the employer has the utmost power to decide the policies regarding illness leave. The employer must follow the illness leave policy written in the employer contract and may be required to provide an employee with unpaid illness leave according to the Family and Medical Leave Act.

Jury Duty and Voting Leave

As an employer, you are not required to pay an employee for the time spent serving on Jury Duty. Additionally, an employer is not allowed to terminate or threaten to terminate an employee for serving on Jury Duty. The Nevada Law requires employers to provide paid voting leave to employees to vote, if there is not enough time for employees to vote before or after their work shift. The requirements following voting leave include:

• One hour if the voting place is 2 or fewer miles from the workplace.
• Two hours if the voting place is more than 2 miles but fewer than 10 miles from the workplace.
• Three hours if the voting place is more than 10 miles from the workplace.

The State of Nevada has made many changes to improve the working conditions for the most fair opportunity between employers and employees. If you or a loved one has undergone unfair circumstances in the workplace, it is important that you reach out to a qualified legal team to hear about your case. Here at Richard Harris Law Firm, our attorneys have extensive experience with dealing with Nevada labor laws and could assist you with your unique case to ensure fairness in your workplace, whether you are an employer or employee.

In an injury case, people often think about the lost wages or the medical bills. Although those are very important, victims of injury cases have the right to claim compensation for non-economic damages, including pain or suffering. Punitive damages are a specific type of compensation that becomes available when you’re hurt due to a personal injury. It is a financial compensation you can receive when you’re injured because the other party is acting in an oppressive way. The Nevada Law 42.005 states the law for punitive damages in Las Vegas Injury cases.

What Is the Purpose of Punitive Damages?

The point of punitive damages is to punish a defendant when they are accused of appalling conduct. Punitive damages are intended to punish the specific defendant when they deserve punishment. Punitive damages are rare, and are only awarded in specific cases because they are designed in a way to punish the defendant. Unlike compensatory damages, punitive damages are not based on your losses, including medical bills.

What Is the Nevada Law?

Under NRS 42.005, a plaintiff can receive punitive damages when the defendant’s conduct consists of:

• “Fraud,” which is an intentional misrepresentation or deception, of a material fact known to the defendant and made with the intent to deprive you of your rights or property.
• “Malice,” which is a conduct intended to injure you, or disregarding your rights and your safety.
• “Oppression,” which is despicable conduct that subjects you to cruel and unusual hardship with disregard for your rights.

In Nevada, punitive damages are generally capped at $300,000 if the amount of compensatory damages are less than $100,000 or three times the amount of compensatory damages if they are more than $100,000. These limits do not apply in specific cases involving defamation, defective products, exposure to hazardous materials, or an insurer who refuses to pay in bad faith. The jury decides if you get punitive damages and if either side disagrees, they can appeal the case. As long as someone is responsible for at least 50% of the damages, you are entitled for compensation. The defendant’s ability to pay punitive damages is meant to be painful, and is a factor in determining the punitive damages award.

How Do You Collect the Money?

Receiving a punitive damages award in either a personal injury case or an accident has three specific steps:

• You have to win your case.
• You have to ask for punitive damages and the jury has to agree that a punitive damages award is warranted.
• If the jury agrees that the damages are warranted, there will be a following proceeding to determine the size of the punitive damages award you should receive.

Are Punitive Damages Available in a Labor Claim?

If you are suing an employer due to wrongful acts of the employee, you must show that:

• The employer knew the employee was a risk to the rights and safety of others around.
• The employer authorized the wrongful act by the employee.
• The employer was personally guilty of fraud, malice, or oppression.

If the employer is a corporation, they are not liable for punitive damages unless an officer or director of the corporation is guilty for committing an act above, or the employer was authorized to ratify the employee’s conduct on behalf of the corporation.

If you are injured, our skilled attorneys can help you determine whether or not your case qualifies for punitive damages. If you are eligible for punitive damages, Richard Harris Law Firm will assist you with developing a strong case to prove how the defendant acted with bad intentions. Our attorneys will be with you every step of the way to ensure you receive the justice you deserve in court.