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Legal Blog by Las Vegas based Richard Harris Law Firm

construction zone accident lawyer

Filed under: Blog

January 19, 2023

Construction Zone Accident Injury Lawyer

  Construction Zone Accident Injury Attorney Our downtown Las Vegas office and Reno offices have assisted more than 100,000 people in Nevada. If you were injured in a construction zone accident you don't want to…

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Construction Zone Accident Injury Attorney

construction zone accident law firm in nevada

Our downtown Las Vegas office and Reno offices have assisted more than 100,000 people in Nevada.

If you were injured in a construction zone accident you don’t want to sit and wait for the insurance company to help you.

When you first get started, we will have a consultation where our law team will go over the details of your situation.

This session is free of charge to you as we always want to consult with your first so that you can feel comfortable with the services we provide.

We have been helping injury victims for over 40 years in Nevada, and we have helped over 100,000 clients.

Do not sit and wait for the insurance companies to help you.

You can certainly call and make an appointment for this initial visitation or you can just have a FREE consultation on the phone.

Get Legal Help Today

If you do not have an attorney to help negotiate your claim then your settlement will likely be significantly less.

The other party (the one at fault) will certainly have legal help to mitigate their losses and even if you are an intelligent person, unless you are well versed in law you likely will be overmatched by the opponent’s legal team.

 

 

Nevada law firm for construction zone accidents

Injuries In Construction Zone Accidents

At the very least, if you are involved in a construction zone accident then you will probably have damage to your car.

It is a big annoyance to have to take your car and leave it a body shop while they take days to fix it.

Even if you get a rental car it is still a true inconvenience.

Not only do all of these things take up your time and patience but they also cost money.  The same goes with an actual injury.

A fracture or break of a bone is very common with car accidents.

A fracture can be diagnosed as an open fracture or a closed fracture.  Lacerations with blood loss is also a typical injury when there is a heavy impact.

Many times a person will hit their head on the steering wheel causing a contusion, abrasion or laceration.

If blood is pouring down someone’s face the injury can seem more severe than what it is, but witnesses will pretty much always default to calling an ambulance.  Of course injuries do not always have to be exterior.

Whiplash, joint pain and other internal injuries often occur when there is a car accident causing multiple trips to doctors, diagnostic centers and chiropractors.

Because all of these issues take time and money from your pocket you need to be sure that the parties responsible are accountable for their actions (or lack of action).

In many cases, even if you were not at fault, your car insurance might still increase.

You can take on the challenge of fighting with insurance companies and their lawyers or you can get help in the battle by reaching out to our law firm.

 

 

What Happens if I am Involved in a Construction Zone Accident?

Regardless of the circumstances, if you were involved in a construction zone crash injury, you should get legal help and we offer a free consultation.

It is best to not delay in finding a lawyer to help you as the sooner they can get involved the better and easier it will be for you both.

Under Nevada law, if you suffered from a construction zone accident involving your automobile you can work to recover various expenses and damages.

These damages may include medical expenses, pain & emotional suffering, lost income (due to missed work) and property damage.

As previously mentioned, you need someone to help you fight for the compensation you deserve after an injury.

 

liability in construction accidents

Who Has the Liability in a Construction Zone Accident

Often times this can be difficult to determine due to having multiple parties being involved.

Having a proficient attorney on your side can help with this though.

That is why you are hiring them, to find out who was negligent and to research all of the details to ensure you get the best settlement possible.

Figuring out who the defendant is in your case is the initial step towards getting you a financial settlement for your car accident in a construction zone.

Nevada law dictates that a party find out who is at fault prior to making an insurance claim.

If an accident occurs in a work construction zone, there could be an array of entities that are responsible.

Depending on the situation, the construction company could be at fault.

If the site manager failed to ensure a safe environment for everyone and was negligent then they might be the first group to look at.

It is also quite possible that a third party is at fault.

In many cases, a construction company will outsource some things for other companies to take care of.  If an accident occurred due to one of these firms then they might be the defendant.

In the main hierarchy, the city of Las Vegas is on top and ultimately in charge of their roads.

If a car wreck happened due to something reasonable that the city knew about and could have repaired then they may be considered responsible.

This can hold true for other cities as well including the City of Henderson, North Las Vegas and Boulder City.

 

Construction in Vegas Keeps Going

Regardless of what any talking head on tv will tell you, Las Vegas is always booming.

Being in the arid southwest makes it a desirable location for people of all walks of life.

Retirees from the snowy and cold Midwest and East Coast love it because the hot weather is good for their bones and they never have to shovel snow.

People from California are moving in constantly because of the affordability.

The median home price in Nevada is significantly lower than that of California which means that people working normal jobs can actually afford to buy a house instead of constantly renting.

The commute is also easier as Las Vegas is not a big city area wise and has easy access to all sides via the various highways.

Interstate 15 travels North and South and runs parallel to the famous Las Vegas Strip.

Highway 95 runs from the southeast from Boulder City all the way to the northwest part of Las Vegas on the way to Reno, Nevada.

And interstate 215 works as a giant circle around the city of Las Vegas providing an alternative to the other two routes and giving easy access for commuters and travelers.

When discussing why people move to Las Vegas (especially from states like California) we would be wrong to not mention taxes.

High tax states make it difficult to live or enjoy a higher quality of life.

Nevada has no state income tax bringing more dollars to people’s bottom line while allowing them to work the same hours.

 

Dangers of Construction Zones

When a city has high growth such as Las Vegas, one certainty is that there are more construction projects taking place.

Roads need to continue to be built to accommodate the growing population and the same goes for the various highways cutting through the city.

It seems as if there are never enough lanes on a highway to meet everyone’s needs.  In the early 2000’s, construction cranes were visible from every direction as new buildings, hotels and casinos seemed to be opening every 6 months.

So instead of seeing cranes in the area building massive projects, more commonly the citizens of Las Vegas will see all types of construction equipment on the roads.

Orange cones and workers wearing vests and hard hats are prevalent throughout the valley.  Lanes are usually more narrow than usual when construction is taking place making things more difficult for Nevada drivers.

Obstacles in the roadway, swerving lanes and heavy machinery all contribute to more dangers on top of the already high traffic roads of Las Vegas. 

The construction workers waving flags and adding directives on the spot do not help either.

Clark County is Unique

The citizens of Clark County not only deal with road construction to lessen the ease on traffic for the future but also for safety.

Sometimes though, these construction zones cause more safety concerns for drivers in Clark County.

If the Nevada Department of Transportation or other authorized entities do not take the necessary precautions which cause an injury then that is a major problem.

The party or parties that were injured have a right to take action if they were injured due to the negligence of others.

If that happens to you, then we advise you seek out legal help to assist you in getting a settlement that will make up for your pain and suffering.

Richard Harris Law Firm can assist you in this matter and we are easily accessible via phone, email or by simply dropping by our office.

seeing a chiropractor after a car crash

Filed under: Blog

January 18, 2023

Assault and Battery Injury Lawyer

  Assault and Battery Injuries   If you find yourself the victim of an assault and battery it is highly recommended that you get the legal expertise of a well-respected and knowledgeable assault and battery…

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Assault and Battery Injuries

assault and battery injury victim

 

If you find yourself the victim of an assault and battery it is highly recommended that you get the legal expertise of a well-respected and knowledgeable assault and battery lawyer.

Richard Harris has years of experience in Las Vegas and all of Nevada.

We have been around since 1980.

It can be nerve racking to go after the person that harmed you legally.

Richard Harris will help protect your rights and try our best to get you the maximum compensation.

Call For a FREE Consultation

Give us a call or just come by the office.

We will evaluate your case and answer any questions you have.

Our first consultation is always free.

These cases can get complicated with all the legal filings and paperwork.

As we handle all the legalities it gives you time to heal up and focus on your life.

You may be able to get paid through negotiations or if it needs to go to trial our attorneys can do that as well.

Richard Harris has won over $1 Billion for clients!

Personal injury attorneys handle all types of cases.

When an injury occurs due to the fault of another a victim has every right to seek damages.

Our attorneys see assault and battery cases in Las Vegas more than you might think.

If you have been injured because of another person’s violent actions then you may be entitled to being compensated.

Do not be intimidated by a casino, big retail store (Walmart etc.), grocery store, or any other business, if you were the victim of an assault and battery then call us today to discuss your legal options.

 

what is assault and battery

What is Assault and Battery?

These two words may seem the same but there are distinct differences in legal terms in the state of Nevada.

Assault is when a person intentionally threatens another and causes that person to feel threatened.

The term assault does not actually mean that the person was touched but threatened and in fear.

Now battery on the other hand is where the physical touching occurs.

Physical contact may be in the form of hitting, punching, stabbing, scratching, biting, etc.

Poisoning someone is also included in the term battery.

The intentional and harmful action of another is needed to meet the requirements as an assault and battery.

If you have any questions concerning your rights in this type of case our attorneys at the Richard Harris Law Firm can look at the facts of your situation and help you determine if it qualifies as an assault and battery.

If it does then you have every right to proceed legally and file for damages.

 

Assault and Battery May Include

Simple Assault – This is where there is no weapon used. Usually, injuries are minor and it can be considered a misdemeanor. It could happen at one of the many Las Vegas casinos on the strip or downtown. A jealous girlfriend grabbing the hair of another girl and then the fight gets broken up and injuries are minor. That is an example of a simple assault.

Aggravated Assault – This type is an assault committed with a weapon involved. Threatening a person with a weapon would qualify as this type. This is considered a serious offense and is a felony.

Sexual Assault – This refers to a sexual act that is without the other person’s consent. This is also considered a violent crime and is a felony.

Assault With a Deadly Weapon – Violent act that involves a weapon. This could be the use of a gun, knife or any object that is able to do serious harm. There are many other weapons that fall under this consideration like; golf club, wrench, hammer etc. depending on the situation.

 

what damages can I win from an assault and battery case

Damages From an Assault and Battery

You may be able to recover financial compensation if you are the victim of assault and battery in Nevada.

Damages can be recovered for a number of reasons.

Each case is different with its own set of facts and circumstances.

The seriousness of the injuries and other factors will have an effect on the amount of compensation.

Some of the recoverable damages include;

Pain and Suffering – An injury can cause both physical and mental anguish. Injuries may be long lasting and effect a person’s life dramatically. It is crucial to have an experienced personal injury lawyer that knows how to calculate these damages in order to get the maximum payout.

Loss of Wages – An assault and battery can cause a person to lose work. This may be due to the time needed to recover from the incident. Loss of work can come with a lot of financial stress. In some cases, an assault and battery may create a situation where the person may not be able to go back to work and the injury could directly affect them from doing their job.

Medical Expenses – Going to doctors is expensive. If the incident sent you to the emergency room there could be big bills on the way. All this adds up quickly and can be overwhelming. Surgery and rehabilitation can be a major life changer.

It is important to have legal representation after an assault and battery.

The lawyers at Richard Harris are experts in personal injury cases where assault and battery occurred.

Our attorneys will be able to look at the case and determine the best way to go forward.

Even if there were no criminal charges filed, we can still proceed with a case and get compensation.

If you or loved one were ever the victim of assault and battery, call the law offices of Richard Harris.

 

Liability and Compensation

An assault and battery may have multiple parties that can be held liable for the incident other than the perpetrator.

There are many different factors that when looked into may show that there are other people, companies and business owners that may have some liability as well.

Others may have been negligent or may have instructed the crime to take place.

  • Security Company – A crime may have taken place due to the negligence of the security company. In some cases, there was not adequate security for an event or business. The security guards may not only be understaffed but not given the proper training. All this can create a dangerous situation to occur.
  • Nightclub Owner – When there is alcohol involved and a patron is overserved and an incident takes place there may be some liability for that. Bars and clubs in Las Vegas are where some of these assaults and battery cases take place. Fights can turn into serious injury and can be fatal in worst case scenarios.
  • Universities and Schools – There must be reasonable security and safety measures in place to protect students on campus. If an incident happens as a direct result of the failure to provide a safe place then the University or school can be held liable.
  • Landlords – Must provide a safe place that is secure to the renters. There must be lighting, proper door locks and reasonable care to those living on the property.
  • Malls – We have some major malls here in the Las Vegas Valley. Some are open air types while others are major indoor shopping centers. Allowing criminal activity in this place of business can lead to robbery and an assault and battery. Owners and management have a responsibility to provide safe shopping.
  • Banks – Getting money from an ATM can be dangerous. A bank must provide a safe way for you to get your money. It is important for banks to put in some security measures like; cameras, guards etc. so the customer is not robbed and assaulted.
  • Child Care, Church, Youth Center – Adequate background checks on employees and volunteers should be in place to provide a safe space for kids and workers. Child abuse is horrible when it happens and safeguards must be in place in order to avoid this from happening.
  • Home Owners Association – Some of the advertised security features on a property may not be in proper working order. If this is the case it could cause tenants to have a false sense of security and they may find themselves in danger. If cameras are not working and are not fixed in a timely manner than the HOA can find themselves in hot water.

 

 

Injuries from an Assault and Battery in Nevada

  • Broken Bones – Getting in a fight is a typical thing we see on the strip properties as well as on Freemont Street. Las Vegas is a 24-hour party atmosphere that brings out the fight in people. Late night drama can cause injury to those fighting. Broken noses, jaws, arms, hands, and ribs are common injuries.
  • Head Trauma – Getting hit in the head with an object or fist can cause serious injury. This is true especially if the person is taken by surprise. A serious concussion can lead to Traumatic Brain Injury (TBI) and may have a long-term effect on the person injured. Head injury can lead to coma and be fatal if the person is knocked out.
  • Concussion – Imagine getting knocked out in a fight in a bar or hotel casino.
  • Facial Injuries – getting hit in the head or face can be very intense.

Medical treatment and hospitalization from an injury can be devastating to a victim of an assault and battery.

The emotional trauma left behind can also be harmful to a person’s wellbeing.

tesla car accident lawyer

Filed under: Blog

January 17, 2023

Tesla Car Accident Injury Lawyer

  Tesla Car Accident Law Firm In order to determine if you have a Tesla lawsuit or claim against the company contact our team of experienced Nevada Tesla accident attorneys. We are always taking on…

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Tesla Car Accident Law Firm

tesla car accident lawyer

In order to determine if you have a Tesla lawsuit or claim against the company contact our team of experienced Nevada Tesla accident attorneys.

We are always taking on new clients who have been injured in a Tesla accident or Fire.

Contact our team immediately to set up a free consultation.

During this consultation, we will go over the different scenarios that could happen over the course of your case.

We will also go over what you can expect from our firm and what the outcome might be.

Our firm can help new Tesla accident victims or Tesla battery fire injuries in Nevada.

If you or someone you know has been injured while driving a Tesla or during a Tesla battery fire call Richard Harris, we are available to our clients 24/7.

Tesla is known to make safe Cars

Tesla has marketed it as one of the safest cars on the road, however over the last couple of years we have seen many battery fires, accidents, and safety failures in all Tesla Models.

In 2021 Tesla agreed to pay $1.5 million in damages to settle a class action suit from Model S owners that claimed the battery was ruined due to software updates that were not supported by the battery.

Tesla offers a self driving option in all models but does maintain that the driver must be vigilant and aware while driving since it is not a full self driving vehicle.

Many Tesla owners have been injured or have ever died due to accidents in their Tesla or the common problem, Tesla battery fires.

Tesla is a multi-billion dollar company and if you were injured due to Tesla’s negligence you might feel like you’re going up against a Goliath and you’re David.

You need an aggressive legal team to help you get the compensation you deserve.

 

tesla car crash fire

Tesla Battery Fires

Over the last several years as we have seen more and more Tulsa on the road we have also seen an increase in Tesla fires.

In some cases Tesla vehicles have burst into flames for what seems to be no reason at all.

Since Tesla batteries are made of nickel-cobalt to make lithium-ion batteries, this is all new technology to the auto industry that is used to traditional lead batteries.

Tesla batteries are stronger and charge much faster.

Since these new batteries are made of energy cells the temperature of these batteries can rise to extraordinary high temperatures causing the Tesla batteries to catch fire even while not driving.

The main reasons that most Tesla battery fires occur is a manufacturing defect or because of an accident.

Recently a Tesla fire was reignited after the fire department thought they put it out.

The fire that a Tesla battery creates needs about 25,000 gallons of water to extinguish while it only takes about 300 gallons of water to put out a regular car battery fire.

If you have been injured in a Tesla fire and think it’s a manufacturer issue call us today to schedule a case review.

 

 

Common Tesla Vehicle Defects

Although Tesla has advanced the electric car industry with many cutting edge technologies.

They have moved the electric car industry leaps and bounds there are still many issues that Tesla vehicle encounter.

These are the most common defects to Tesla vehicles:

  • Battery issues- fire, rusting batteries

  • Camera’s in the vehicle not operating properly

  • Door defects- including not able open the doors

  • Airbags not opening during an accident

  • Self driving steering issues

  • Panel issues

Since Tesla’s are so modern and advanced in technology they come with a whole new set of issues not seen before in other vehicles.

These issues can cause serious injury or even death.

 

 

Who is Liable for a Tesla Accident

This can be tricky.

You may think that Tesla the manufacturer is responsible for accidents involving Tesla, however there are several other companies that might be involved.

For example if your autopilot software fails while you’re driving your Tesla then the software manufacturer of that software may be the responsible party and not Tesla.

Tesla may have designed the most advanced vehicle in years but they do buy parts and software for their vehicles from other manufacturers.

Another example is if the airbags fail to open when you’re involved in an accident.

tesla airbag injury

Airbags

The company that makes the airbag might be the responsible party since Tesla didn’t actually make the airbag, but purchased it from another company.

In this case maybe both Tesla and the airbag manufacturer are at fault.

The airbag was made by the manufacturer and was faulty.

Tesla purchased the airbags without proper testing and the airbags failed in future accidents of Tesla vehicles.

In this case both Tesla and the airbag manufacturer are at fault for supplying faulty equipment and Tesla for not testing the airbags properly before placing them into the vehicle.

A smart, experienced legal team will investigate your accident from all angles and if need be, go after all parties that are responsible for your injuries.

If you think Tesla or another Tesla parts manufacturer is responsible for your accident call The Richard Harris Law Firm today.

injured in tesla car crash

Injured in a Tesla Car Crash

Of course there are accidents everyday in Reno and Las Vegas that involve a Tesla car, but the accident is the fault of a driver.

If you drive a Tesla but you were rear-ended, T-boned, hit head on, or even hit at a red light, then call us today for help.

Not every accident involving a Tesla is to be blamed on the Tesla itself.

Of course driver negligence and driver error is what causes most motor vehicle accidents in Las Vegas and all of Nevada.

In other words don’t just assume you’ll sue Tesla if you were hit by another driver in a Tesla, odds are the crash can be the fault of the driver.

Our law firm is the top car accident law firm in Nevada with over 2,000 positive reviews online.

Call us today for help with your Tesla car accident case.

 

Claims of Liability in a Tesla Accident

There are several claims that can be made when filing a claim against Tesla and its other manufacturers for an accident

  1. Product liability Defects- Manufacturing Defects, when there is a defect in one of the parts of the vehicle and that is not in accordance with the rest of the parts of the vehicle safety. Design defects, design flaws can be the reason for accidents even when they are designed and used as intended.

  2. Negligence- Tesla as a business has a duty to provide products in this case cars that follow all safety regulations. If Tesla fails to provide safe vehicles and knows about any defects or safety issues they are considered negligent.

  3. Strict liability– The driver of the vehicle can claim strict liability if the was extremely defective and causing dangerous conditions, Tesla can be held liable.

 

These claims can also be brought against any Tesla parts manufacturer or any other company that Tesla buys parts from if they are found to be at fault.

 

How Much Do Tesla injury Lawyers Cost?

Our Las Vegas Tesla injury lawyers work on a contingency basis, meaning you do not have to pay for anything  out of pocket or up front.

We only get paid when we win your case or receive a settlement in your favor.

We know that suffering injuries in a Tesla accident or battery fire can be very traumatic for the injured parties.

Many victims experience severe injuries including burns that can be life changing.

Medical care for severe automobile accident injuries can cost hundreds of thousands of dollars and can be a lifelong process of healing.

Since we want you to concentrate on getting better and healing we can offer help with medical services and getting the treatment you need.

Our goal at The Richard Harris Law Firm is to provide our legal services to our clients and recover the largest settlement for you based on your injuries and to hold the negligent party responsible for their actions.

We have recovered over a $ billion dollars for our clients since 1980 when we started working in the Las Vegas area.

Tesla The Company

We can all agree that the electric car is a good idea for the environment by limiting gas emissions into the air.

Pollution has been a big problem since the industrial revolution. Since the advent of factories and the automobile we have been trying to stop global warming and the effects we have on the environment.

So when the electric car came about most of us thought it was a good idea.

This would eliminate the need for large consumption of gas and fossil fuels.

We in the US could rely less on foreign oil and help the planet at the same time. There are many models of electric cars these days but Tesla has been at the forefront of this technology, using lithium-ion batteries in their cars.

Lithium-ion batteries for Tesla are made of nickel manganese cobalt that is mined in several counties.

Once mined they are made into cells to create the battery.

The battery is to be charged at a charging station or even in your garage, there is no need for gas when owning a Tesla.

Tesla’s are completely electric while other electric vehicles are considered hybrid’s or part electric part gas like a Toyota Prius.

injured at orleans casino

Filed under: Blog

January 6, 2023

Injured in a Grocery Store Accident

  Grocery Store Accident Injury Let’s face it the grocery store can be a daunting place especially during certain times of the year like the holidays. Sometimes it can be like getting on a freeway…

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Grocery Store Accident Injury

injured in a nevada grocery store

Let’s face it the grocery store can be a daunting place especially during certain times of the year like the holidays.

Sometimes it can be like getting on a freeway in California.

The aisles can be crowded with people looking at shelves of items they need or want to buy and carts, let’s not forget the carts.

If you’ve ever been to a crowded Walmart Grocery at Christmas then you know the pain of someone running into the back of your feet with their cart.

Going to the grocery store is a necessary part of our routine in the U.S but all joking aside it can be a place that someone can get really hurt just doing such a routine weekly thing.

Most of us cringe at the idea of going to certain grocery stores like big box stores like Costco or Sam’s Club but the deals are so good we deal with the large amount of traffic and parking lot nightmare.

There are ways to avoid going to the grocery store these days , things like Instacart or even Uber delivers groceries now.

Getting Groceries Delivered

These delivery services may bring you groceries that you order online but you get what you get without being able to choose or see the items that you are paying for.

These online delivery services may have had a surge during the pandemic but let’s be real, most of us like to go to the grocery store (Smiths, Whole Food, Winco, Sprouts, Albertson, 99 cent, Marianas, Vons)  and see and touch the food items we are going to buy.

The grocery store however can be a hazardous place with all types of obstacles were people can get hurt or seriously injured.

If you have been injured while at the grocery store call The Richard Harris Law Firm today to discuss your options.

 

Common Causes of  Grocery Store Accidents

Many grocery store accidents are caused by store negligence or the management failing to protect the shoppers or the staff.

Some larger stores might have elevator or escalator accidents.

In some cases obvious repairs or obstacles are not taken care of and cause a hazard for the guests shopping at the store.

The most common causes of  grocery store accidents are:

Wet floor- grocery stores are filled with wet objects that fall on the floor or are dropped even by another customer. Wet or slippery floors are the most common reason for grocery store injuries.

Leaking equipment– grocery stores use many refrigeration and freezer units to store their products at the right temperature but these units can brake or leak fluid used or brake and cause food to go bad. You can get food poisoning if food is not kept at the recommended temperature and leaking fluid could cause a fall accident, so this can be really hazardous in various ways.

Falling Objects– let’s face it whoever created the grocery store shelf must have been a very tall person because most of the time it seems everything is up to high for most people to grab without stepping on the bottom shelf. In big box grocery stores they store pallets (hurt by forklift) of product above the isles we walk through, this creates a falling object issue.

Shopping Carts– We have all grabbed the cart that has a broken wheel or wheels that don’t work quite right , or have been hit by another shopper with the cart. The worst however is the cart in the parking lot that runs into your car while it’s parked. Watch out for loading docks.

There are many other ways that someone can be injured in a grocery store, these are just the most common scenarios we see.

Call Richard Harris today if any of these have happened to you at the grocery store in Las Vegas.

 

foot and ankle injuries at grocery store

Injuries Suffered in Grocery Store

Just like there are a few common ways you can be injured at the grocery store, there some injuries that are seen when you get hurt while grocery shopping

  • Head injuries– concussions, fractured skull, and TBI (traumatic brain injury) open wounds in the head area. These are the most common head injuries usually from a slip and fall on a wet floor in a grocery store.

  • Neck or back injuries- including nerve and disk damage. This usually occurs when objects that are heavy fall from above onto the victims head.

  • Broken bones– falling at the grocery store can cause all kinds of broken bones like broken wrist, arms , and ankles, the most common broken bone injuries.

  • Torn ligaments and tendons– these are common and most likely not noticed right away. You may bruise in the area but do not know how bad the injury is until much later.

 

What to do if you are injured while shopping at the grocery store

There are few things you should do immediately if you are injured while shopping at a grocery store.

Notify the management- If you are injured in any public place you need to notify the management. Make sure to get the names of the management staff that you spoke with. In most cases an accident or incident will be generated by the staff, this is a safety requirement at all public businesses. Make sure you get a copy of the report or take a photo of it.

Gather witness information– Most likely someone else is within viewing distance of the accident and can say what happened as a witness. You’ll need their name, address and phone number and email so they can be contacted in the future if needed to give a statement. This step is very important to corroborate your story and they may even be asked to testify on your behalf if the case goes forward.

Take photos and video– If you are able use your phone to video the scene and any interactions with staff.

Seek medical attention- if you are injured no matter how small you might think the injury is you’ll need to go see a doctor. Always go no matter what. The grocery store may require you to go to the hospital or doctors that are part of the insurance they carry. However , you can go to whatever hospital you choose. You may have injuries that are not visible and may only show up as time goes by.

Taking all these steps immediately after an accident can protect you and any loved one’s that have been injured in a grocery store accident.

premise liability law

Premise Liability Law

All public businesses have a duty of care to make their grocery store safe for all patrons.

This includes the general public who come and shop at the business as well as employees and outside vendors.

This means that it is the responsibility of the business.

More specifically the owners and operators of that business, in this case the grocery store, need to make sure the store is safe for the public and all legal safety requirements are met.

This can include keeping all areas clean and clear of debris or spills, maintenance and repair or replacement of equipment used to operate the store including things like grocery store carts.

There are also the shopping center owners, usually not the grocery store, the shopping center owners have the same duty of care when it come s to public areas like the parking lots or sidewalks.

They are required to maintain these areas in safe and working order.

If the business owners or the shopping center owners are not maintaining the store or property up to safety standards of Nevada then they may be liable for any accidents that occur on their property.

If you were injured at a grocery store or shopping center and think the owners may be negligent call The Richard Harris Law firm today.

We can go over your case free of charge and let you know how to go forward.

 

Why call Richard Harris

Being injured due to someone else’s negligence can have an immediate effect on your life.

You may be injured and not able to work or provide for your family.

We at Richard Harris can level the playing field and get you the compensation you deserve.

If a business is not following proper safety procedures then they should be held accountable for their negligence.

Our legal experts will provide:

  • 24/7 service to our clients- we are available to help our clients anytime day or night

  • No money up front- we work for our clients to recover the largest settlement based on your case. You pay nothing pour of pocket and we only get paid if we win your case

  • Medical services- we can provide you with doctors or other medical services, getting healthy should be your only concern, we will handle the rest.

  • Transportation- We can offer transportation to and from medical treatments

  • Help with your employer- We offer our services to help you with your employer and getting help with disability or workers comp if needed

We have been helping clients in Las Vegas and Nevada since 1980..

We work to get you the compensation you deserve.

Call The Richard Harris law firm today if you or someone you love has been injured while shopping at the grocery store.

dealing with insurance company

Filed under: Blog

January 5, 2023

Should I Give My Insurance Company a Recorded Statement

  Providing a Recorded Statement for an Insurance Claim Accident victims always ask us "should i give a recorded statement to the insurance company?" The anwer is your best bet is to contact a car…

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Providing a Recorded Statement for an Insurance Claim

giving recorded statement to insurance companies

Accident victims always ask us “should i give a recorded statement to the insurance company?” The anwer is your best bet is to contact a car accident attorney at Richar Harris Law firm before you give any statements to the insurance company.

It doesn’t matter if you are dealing with Geico, State Farm or Progressive, you should always call our law firm for help.

If you were in a car wreck and made a claim to your insurance company then there are multiple steps that must be done prior to you getting your settlement.

First off, the insurance company will need to investigate what happened.

Typically, they will have an adjuster do that leg work.

They will review the police reports and will also inquire with you about the details of what exactly happened.

When the reach out to you, they will do so on a recorded line and will ask you questions in an interview style.

Be aware of that situation though and always remember that the adjuster is working on behalf of the insurance company, not you!

Have the knowledge to know that you do not need to provide the recorded statement right away and can delay it.  In some cases, you do not even have to provide one.

Insurance Adjusters

The insurance company will want to obtain the recorded statement in a timely fashion so that they can get the claim going and the sooner they interview you the more fresh the details will be in your mind.

For most people though, getting into an automobile accident is a traumatizing experience.

Often times there are injuries involved and fuzzy details until the person involved can clearly think about what happened.  Adjusters rushing to get the interview done have many tricks in their arsenal and are well versed at asking certain questions.

Many of which are designed to trip up the interviewee.

That is why it is always a good idea to seek out legal assistance in any traffic incident (ticket, citation, car wreck, etc…).

Regardless of who is at fault you will want assistance especially when dealing with a large insurance company who deals with these issues each and every day.

It can be quite intimidating navigating this process on your own.

Richard Harris Law Firm can help you and we have a convenient location in downtown Las Vegas and are reachable by phone or email.

 

elevator accident lawyer for casino injury

Filed under: Blog

December 23, 2022

Were You Injured in an Elevator

  Elevator Accidents Can Be Bad Riding in an elevator is something we all do. An elevator accident is rare but they do still happen. When it does occur, there can be major injury and…

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Elevator Accidents Can Be Bad

elevator accident lawyer in nevada

Riding in an elevator is something we all do.

An elevator accident is rare but they do still happen.

When it does occur, there can be major injury and even fatalities.

An elevator stopping abruptly, falling, or trapping those in it can create a serious situation.

Panic attacks and problems with breathing can happen to those nervous in an elevator that is not properly working.

Were You Injured

If you are injured in any way in an elevator accident in the Las Vegas Valley or anywhere in Nevada we can help.

Richard Harris and our personal injury lawyers have years of experience in elevator accident cases.

If you are injured in an elevator than it is most likely not your fault.

Our team of expert attorneys will get to bottom of what caused the accident and who is responsible.

Whether you are local or from out of state we will represent you.

We can help you get the compensation that you deserve.

Call today!

 

How Much Time Do I Have to File in Nevada?

The state of Nevada does have time limits on how long you have to file a claim.

Since an elevator accident falls under a personal injury case the statute of limitations is 2 years from when the accident occurred.

It is best to speak with a personal injury attorney ASAP.

 

Elevator Accidents and Liability

In most accidents with elevators, it is not the passenger’s fault.

It is usually another party’s neglect or lack of maintenance that results in an accident.

Liability will fall on the party responsible.

This often involves their insurance companies of the owner and financial damages can be awarded to the person injured.

Having a professional personal injury law firm on your side is important to help protect your rights.

  • Building Owners – Owners are responsible for providing a safe elevator to tenants, visitors, customers, workers etc. When elevators break down or have accidents the owner may be held liable if they did not provide reasonable safety.
  • Maintenance Company – If an elevator breaks or malfunctions it may be the direct result of the maintenance company not doing their job properly. Elevator accidents can be very serious and leave people injured. Fatalities from an elevator accident are rare but do happen.
  • Elevator Company – The injury may be due the fact that the company that sold the owner the elevator had a faulty elevator installed. There could be defective parts, improper assembly, and installation.

There may be others that played a role in an accident like the contractors, subcontractors, manufacturers etc.

If an accident happened while you were working then employers may have some liability as well.

 

causes for an elevator accident

Cause for An Elevator Accident

Elevator accidents can happen in many ways. Sometimes defective parts are to blame.

Doors may not close properly and malfunctions in the sensors and wiring may contribute to an accident.

Below are some common causes that we see in elevator accidents.

  • Engineering Issues – This could be caused by the elevator manufacturing company delivering a faulty product. Problems in the engineering system can cause injuries to those riding it.
  • Workplace Issues – Safety procedures not being followed can make for an unsafe elevator. This could be by overloading the elevator with too much weight and too many people.
  • Poor Maintenance – An elevator must be properly maintained in order to function safely. When inspections are not done in a timely manner and quality control is lacking a major accident with injury may occur.

An accident may cause an elevator to drop to the bottom.

Elevators can get caught in between floors causing riders to be stuck inside.

Explosions, earthquakes, fires etc. may also be the cause of an elevator malfunction with injury.

 

 

injury from elevator accident

Injuries From an Elevator Accident

Broken Bones – If an elevator drops and stops abruptly it may cause a bone to break. This can happen by falling to the ground or being slammed against the inside of the elevator. Broken bones can cause much pain and suffering. Surgery and time to heal are also factors that may be the result of a bone break.

Back Injuries – An elevator accident can do some serious damage to the spine of a victim. A hard stop from a falling elevator can jolt the back and put stress on the vertebrae. Back injuries may need chiropractors and rehabilitation. A spinal injury can lead to long-lasting pain and medical care. Paralysis is possible if the injury is severe.

Psychological Injury – A person’s mental state may be affected if they are involved in an elevator accident. Physically they may be fine but stress from being trapped in an elevator may cause mental anguish that may need treatment.

Death – In worst case scenarios an elevator ride can be fatal. Many reasons can contribute to a person dying in an elevator. Having a panic attack and a heart attack can create a fatal response. Trapped in an elevator fire is another horrible thought. An elevator that drops multiple floors due to a malfunction or defective part can end in tragedy.

Richard Harris is a phone call or email away.

We are available 24/7.

Call, email or just come by the office.

Personal injury is our specialty!

 

 Avoiding An Elevator Accident

It is important to have safety practices in place to avoid an accident.

Work injuries can happen with elevators that are in constant motion.

Elevator maintenance must be implemented by well trained and reputable companies and personnel.

A business owner may cut the budget to maintain the elevator in order to put the money into another problem in the building.

Management may be unaware of the importance of elevator inspections and maintenance.

It is important to give the proper service to an elevator in order to avoid an accident.

Most of the times these accident s can be avoided.

If an accident does occur than a victim should be entitled to just compensation.

 

Trapped in An Elevator?

This type of situation can cause some serious stress on a person trapped inside an elevator.

If the elevator is stuck for any length of time, it could be traumatic.

It is possible to file a claim for damages if you have been trapped in an elevator but you must be able to show injury.

Injury can be both physical and /or mental.

PTSD is not uncommon if a person finds themselves unable to get out of an elevator for an extended period of time.

If a person already has health issues and the stress from being trapped overwhelms a victim it can lead to other problems.

No one should ever have to be trapped in an elevator.

If this does occur you may be able to be financially compensated for the pain and suffering left behind.

 

 

Call Richard Harris Law Firm

An elevator accident can be complex.

There may be multiple parties responsible for the accident.

It is important to have a personal injury attorney that can guide you through the legal process.

We work on a contingency basis which means that there are no upfront fees and we only get paid if we win your case.

  • Top Rated Personal Injury Law Firm in Nevada
  • Been Servicing Clients Since 1980 in the Las Vegas Valley
  • Expert Negotiators and Trial Attorneys
  • Know How to Deal with the Insurance Companies
  • Have Won Over $1 Billion For Our Clients

If you are injured the last thing you want to do is put together a legal case concerning your accident.

With all the paperwork and filings that are involved we will represent you and protect your rights while you recover from your injuries.

Call us today for your free consultation.

 

Elevator Negligence

It is important that an elevator owner or operator make sure that they have done their due diligence in providing safety.

Providing a safe elevator for employees in the back of the house of restaurants, hotels and casino properties is expected.

Customers and visitors coming to the property and using the main elevators must also be provided a safe ride.

This is a legal obligation that owners and management must deliver.

If not, they may be held liable if there is an accident and they did not provide the proper degree of care to those using the elevator.

 

Elevator Accident General Timeline of Events

  • The accident takes place.
  • An injury occurs and medical attention is needed.
  • Time to hire a personal injury attorney.
  • Our attorneys will investigate the case.
  • We will determine who is liable for the injuries.
  • We then will file a claim to the appropriate party on the victim’s behalf.
  • Lawsuit is set in motion.
  • Investigations on both sides are conducted.
  • Proper paperwork and evidence filed.
  • The lawsuit may be negotiated or continue forward at this point.
  • If the case is not agreed on then a trail.
  • The judge will look at the facts and decide on the case.

This is typically how this type of case is handled but remember all cases have a unique set of circumstances that may alter this timeline.

The outcome of an elevator injury case will depend on the amount of costs and damage.

This includes medical bills, lost wages, and the severity of the injury.

 

injuries from an escalator

Filed under: Blog

December 20, 2022

Were You Injured on an Escalator

  Escalator Accidents and Injuries Most of us have taken a ride on an escalator before. It is that motor driven moving staircase that helps us get from floor to floor. It is seen in…

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Escalator Accidents and Injuries

injuries from an escalator

Most of us have taken a ride on an escalator before.

It is that motor driven moving staircase that helps us get from floor to floor.

It is seen in convention centers, malls, hotels, and casinos like Circa, New York, NY, and MGM.

It is a great way to move a lot of people through a property.

It’s also a way to help the customer take a break from walking and get them where they are going effortlessly.

Riding an escalator can come with risk and every so often there is an accident that can lead to injury.

Sometimes these injuries can leave a person needing medical attention.

If the injury is serious, it can be devastating.

There are many reasons that can make a ride on an escalator dangerous.

If you are injured in an escalator accident in the Las Vegas Valley or throughout the state of Nevada, give us a call.

If possible gather evidence with photos etc., and of course try to find any witnesses.

 

We Are Here to Help

The Law Offices of Richard Harris are here to help.

Our personal injury team of expert attorneys handles all types of cases including escalator accidents.

An accident can affect a person in many ways.

An escalator accident may come with hospital and medical bills.

A person can lose income from time off the job.

This can all cause financial instability.

It may be determined that you are entitled to compensation for all the damages left behind in an escalator accident.

Give us a call.

The first consultation is always free!

 

Statute of Limitations

The state of Nevada has a statute of limitations of 2 years on personal injury claims.

An escalator accident is a personal injury accident type that is in this category.

It is always best to get the help of a personal injury attorney as soon as possible in order to file the claim on time and avoid any issues.

 

 

Reasons For Escalator Accidentreasons for escalator accidents

There are a whole bunch of reasons that an escalator accident can occur.

There are many moving parts in it and if they are not maintained properly than a malfunction can take place.

If an escalator is in a high traffic area like those on the strip or airport they can break down and cause an accident to happen.

Other things that can contribute to an accident may be dim lighting or no lighting at all.

There are sometimes defective escalators that are just designed poorly.

If the area is wet and a slip and fall happens on the escalator it can be injurious.

It is also dangerous to have dangling clothes or untied shoes getting caught in the escalator.

 

Owners Have a Legal Obligation to Maintain an Escalator

Having an escalator on a property may be a great way to move people throughout it, but there is also a legal duty of the owners or renters to keep it maintained.

Whenever we get on an escalator, we may take for granted that it is in proper working order and will not cause harm to us.

This should always be the case but there are instances where an escalator may not be working right and safety to those on it may be at risk.

Not only can the owner be held liable but the company that is in charge of repairs and maintenance can be as well.

If there is a faulty part that was put in the escalator even the parts manufacturer could be held liable for an accident with injury.

Property managers and escalator repair contractors can also be held legally responsible if they are found to be negligent.

Having an escalator comes with responsibilities and these are not to be overlooked.

 

Where Escalator Accidents Can Happen

Nevada is full of escalators.

Office building of all sizes have them transporting people every day.

In Las Vegas the malls have them in the main area and also in the large department stores taking customers up and down to the different floors.

Many of the major hotels, resorts and casinos have escalators.

The airports and convention centers in Vegas and Reno use this moving staircase.

An escalator accident can happen at any time.

It is important to be aware of the dangers of an escalator and not be complacent while riding.

Getting on and off it can be the most dangerous moments if there is a defect or improper maintenance.

 

escalator accident settlement

Escalator Accident Settlements

Not every escalator injury accident will result in a big settlement.

If it was the persons fault for the accident than winning a case will be much more difficult.

Some escalator accidents will happen due to the fault of the person being reckless or intoxicated.

However, if the accident happened due to improper maintenance or a defect in the escalator than there is a chance for fair compensation.

All cases have their own set of circumstances.

We can help you decide on how to handle your particular case.

Richard Harris can help answer all your questions.

 

What is ‘Modified Comparative Negligence?’

This rule allows a person to be compensated if they are less than 51% responsible for the accident.

A bar or nightclub may still have some liability if they over served a person or for a variety of other reasons that the person was injured in an escalator accident.

Some of these big clubs with pool parties can find themselves in this area.

Our attorneys at Richard Harris have worked on all types of escalator injury cases and can help with a winning strategy.

 

 

Escalator Malfunctions

There are sometimes problems with escalators and types of defects that may cause it to malfunction.

When this happens, the results can be hazardous leaving injury and even death behind.

Some of these defects include; screws missing, escalator track issues, too much space between tracks and brokens steps or tracks.

These defects may cause fingers, hair, and clothing to become entrapped in the escalator and results can be serious.

 

Common Types of Escalator Accidents

Clothing Caught in Escalator – If your clothes or fingers get caught up in an escalator belt injury can happen. Often a shoe string can get caught in the escalator belt and a person can fall down. The most common injuries and less serious injuries will include a twisted ankle or cut hands or feet but more serious injuries have happened like amputations. It is possible that major cuts and bleeding can even result in death.

Sudden Stoppage – If an escalator all of a sudden stops there can be multiple injuries and multiple people involved. People falling down on top of each other can easily happen in this situation. A crowded escalator can be much more dangerous if a sudden stop were to happen. Modern escalators are designed for this to not take place but malfunctions, product defects and other unpredictable things can happen.

Slippery Escalator – If there is a slip and fall on an escalator there could be some serious injury. It is the responsibility of the premises to be reasonably aware of water or spills that can leave an escalator slippery and dangerous.

If you are injured on an escalator, it could be considered a premises liability case.

Our Las Vegas personal injury attorneys understand premises law and will look at all the evidence of the accident.

We will make sure to hold the liable party accountable for your injuries and damages that happened from the accident.

Medical bills, lost wages and pain and suffering are some of the damages we will look into and try our best to get you compensated for.

 

foot and ankle injuries from escalator accident

Common Escalator Injuries

Cuts and Bruises – An escalator accident can come with abrasions. Hopefully they are just minor and there is no long-term scarring or medical treatment. The best-case scenario is that you walk away and go on with your day. Bleeding may occur and if it hits a vein or artery it can go from minor to major.

Spinal Cord Injury – This would be considered one of the most major injuries. A spinal injury can lead to paralysis which is life changing and long-term suffering.

TBI – If there is a slip and fall on the escalator and the head is injured medical care and treatment will likely be needed. A hard hit to the head can cause; dizziness, nausea, memory loss and loss of motor skills. A person with Traumatic Brain Injury can have injuries that may be long lasting.

Broken Bones– Falling and breaking a bone comes with pain and suffering and time to heal. This injury is a major contributor to lost wages and time off work.

Amputation – Getting a finger caught up in an escalator can do some serious damage. A person wearing sandals or flip-flops can easily get the toes caught in an escalator belt and results can be horrific. This steel people mover has a lot of different ways that it can do damage to an unsuspecting rider.

An escalator accident can be life altering.

If you or someone you know has been injured in an escalator accident you may be entitled to compensation.

Call, email or just come by the office.

The Law Offices of Richard Harris are available 24/7. 

 

forklift accident lawyer

Filed under: Blog

December 16, 2022

Forklift Injury Accident Lawyers

  Forklift Accident  Lawyers The forklift is everywhere now and has made life much easier when it comes to construction or moving bigger items. We see them now out in the general public mostly in…

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Forklift Accident  Lawyers

forklift accident lawyer

The forklift is everywhere now and has made life much easier when it comes to construction or moving bigger items.

We see them now out in the general public mostly in big box stores like Costco, or Walmart always moving large pallets of items either off trucks or around stores.

Forklifts used to just be used out of the public’s way or when the stores were closed, but since box retailers have become so popular forklifts are used during operating hours when the public is wandering around.

Even though the forklift has made moving heavy items or placing a heavy construction item easier,  it does come with its share of issues.

Forklift accidents are more common than ever especially to the general public and not just operators or construction workers.

Forklifts operate in many environments these days including warehouses, big box stores, construction sites, production paint facilities, and airports, casino, Amazon warehouse. 

So there are many places where a forklift accident can happen.

Injuries Happen

These accidents or injuries can be anything from spinal cord injuries, Traumatic Brain Injuries, broken bones, cuts, knee injuries, paralysis, and even death.

In most cases forklift accidents occur due to human error or equipment failure.

If you have been injured in a forklift accident you need an experienced lawyer who deals with forklift injuries to help iron out the details of your accident claim.

The Richard Harris Law Firm has a long history of securing our clients’ futures.

We have a long record of success with personal injury claims from many different areas including forklift accidents.

We have succeeded in gaining over a $ Billion dollars for our clients over the years.

Call Today for a no obligation consultation.

 

forklift accident injury

Injured in a Forklift Accident?

What you should know if you have been injured in a forklift accident.

You may be able to recover damages in a variety of ways depending on the circumstances of the accident or injury.

Filing a claim can be a daunting even overwhelming experience.

That’s why we can be your professional guide.

Reach out to The Richard Harris Law Firm as soon as possible to get information on your options.

You may be able to get compensation via any of the following:

Workers Compensation- If you are injured while at work in Nevada you can file a workers compensation claim with your employer, in fact you must do this to recover any damages even before you contact a lawyer. Being hurt at work, you entitled to be covered by no fault workers comp insurance. You can recover lost wages, medical bills through workers comp. However workers comp is not the only avenue available to you if any other company or entity caused your forklift accident due to negligence.

Personal injury lawsuit- You may not be able to file a personal injury claim against your employer based on your workers comp insurance but it’s always good to contact a personal injury attorney to guide you. You may also be able to file a claim against another party that contributed to your accident. This is called a third party liability claim, these claims can be against many different defendants including manufacturers, subcontractors, company owners or property owners.

Product liability claims– In many cases a forklift may be unsafe or not maintained correctly. Most forklifts are rented from big rental equipment companies that are responsible to send products that are safe to the consumer or user of the product. If it happens that the forklift is unsafe they need to be held accountable for sending unsafe working equipment out to be used. Faulty equipment is a major cause of injury or death in any forklift accident.

 

Reasons For Forklift Accidents

As a full service personal injury law firm we have seen the many ways that forklifts are handled by workers incorrectly or they were not trained properly.

Also in some cases the equipment itself is not properly maintained as a huge piece of industrial equipment.

The manufacturer may have a dysfunctional piece of equipment not properly built by the manufacturer.

Safety should always be the number one priority of major corporations or for anyone renting or buying a forklift.

Training and certificate training is required to operate a forklift, but in many cases this training is overlooked to get work done on a deadline.

We offer a full investigation into all accidents involving a forklift or forklift operator including the following:

  • Tips or rollovers

  • Crushing , pinning or running over a coworker

  • Large equipment collision

  • Dropped cargo

  • Not supervised

  • Operating a forklift in a non work zone

  • Backing over individuals or cargo

  • Failing to stop

Any company will try and make it seem that whatever happened was not that serious or not that you have no options but you always have options.

You can start by setting up a free consultation appointment with Nevada’s largest personal injury law firm.

We will conduct an investigation into the accident and take action against the responsible parties to protect you and your interests going forward.

 

Get Financial Compensation for your Injuries

After an accident you or your loved one needs financial support to cover all types of costs including medical expenses, monthly bills and housing.

If you are not able to work while you’re recovering then even things like food or prescription medications can become costly.

In most cases the insurance companies and insurance adjusters that work for the manufacturer or employers of the forklift operator that may have caused the accident are only concerned with protecting their clients and paying out the least amount of money for their negligence.

The Richard Harris Law Firm will hold the negligent party or company accountable for their actions.

Depending on the accident and how severe your injuries were we can help you recover damages for:

  • Immediate medical care including an ambulance ride and emergency medical treatment

  • Future medical bills including physical therapy, prescriptions, medical devices like walkers or wheelchairs

  • Pain and suffering / Loss of consortium

  • Disability either temporary or in some cases permanent

  • Lost wages current and future

  • Wrongful Death

 

Why Call The Richard Harris Law Firm

Since we have been in business since 1980 in Nevada and we have a proven track record of success in recovering some of the highest settlements allowable by law.

Our focus is on personal attention to our clients and treating everyone as if it were our family.

The Richard Harris Law Firm will do a comprehensive investigation of the accident using our own investigative team and our own funds.

You are not responsible financially for any upfront cost.

We work on a contingency basis and only recover payment after we have won and resolved your case.

We offer the following services to all of our clients –

  1. Inform you up front of your rights and what to expect from your case

  2. An investigation into your forklift accident

  3. Expert lawyers that specialize in forklift accidents available 24/7

  4. We will negotiate with insurance companies, insurance adjusters, the other attorneys, or any other representative of the employer or company responsible for the injury.

  5. Free consultation over the phone or in person

 

We have won over a $ billion dollars for our clients in Nevada.

And with an impeccable track record of recovering financial compensation for our clients we at The Richard Harris Law Firm are committed to the personal service of our clients.

We will do everything to secure your financial future if you were injured in a forklift accident either while working for a company or an innocent bystander, call today.

Operating a forklift takes training and skill

Forklift operators are required by law to take and maintain every three years a certification program through OSHA ( Occupational Safety and Health Administration ).

This is a comprehensive course that covers all the aspects of driving a forklift and is required by law to operate a forklift in Nevada.

The program is only available in class and potential drivers are required  to attend all in class training and practical applications.

Some employers may overlook this certificate process and that can be devastating if an accident occurs that could have been avoided if the proper licensing and certifications were in place by the employer.

Forklifts are very heavy and cumbersome pieces of equipment that lift and move heavy loads from place to place or onto awaiting trucks to be transported.

This combination can cause devastating injuries to other employees or innocent bystanders if the untrained person operates the forklift without proper training.

Nevada law firm for moving truck accidents

Filed under: Blog

December 13, 2022

Common Injuries For Truck Drivers

  What To Do If Injured as a Truck Driver [caption id="attachment_2125" align="alignnone" width="580"] [/caption] Truck drivers are mostly taken for granted. Until recently during the pandemic we didn’t think much about how our goods…

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What To Do If Injured as a Truck Driver

what to do if injured as truck driver

Truck drivers are mostly taken for granted.

Until recently during the pandemic we didn’t think much about how our goods got from place to place.

But during the pandemic we learned how important skilled and experienced truck drivers are.

They drive products we need or want all over the country. 

As we have moved to an online shopping society we need more and more truckers to fill the role and deliver the goods.

During the pandemic there was a shortage of truck drivers so as we all know there was an extreme back-up in the delivery of goods.

Driving a Truck is Risky

Truck drivers are exposed to driving for long hours on our freeways subjected to all kinds of scenarios that can lead to accidents including weather, construction, mechanical failure, and unrealistic deadlines to deliver goods.

Since the I-15 is considered one of the most traveled routes for truckers (since it is an interstate that spans the entire united states) the I-15 may see more truck accidents than some other areas of the country.

If you are a truck driver and were injured in an accident in Nevada call The Richard Harris Law Firm today.

 

Semi-Truck Drivers aren’t Always at Fault

Most people always assume the truck driver causes all the accidents, but this isn’t always the case.

This is why it’s important if you were injured as a truck driver to contact Richard Harris Law Firm because our video accident command center might have the traffic footage of your crash.

Often times a driver in a regular car or SUV could be driving under the influence and be at fault for the crash, or maybe the other driver ran a red light or stop sign?

Of course there are so many things that cause car crashes we won’t list them all, but the point is if another driving is going the wrong way and hits a semi-truck head on it’s probably not the truckers fault.

Truck drivers of course need to follow all the rules of the road and drive safely, but even then another car can act crazy and cause a 18 wheeler to jackknife and lose control.

If you need to speak to a truck accident lawyer in Las Vegas, Reno, or anywhere in Nevada then call us today.

 

ups truck accident in downtown vegas

Lifting and Loading Injuries

Of course many truck drivers find themselves lifting and moving around heavy objects.

Using dollies, forklifts, and just unloading stuff can be a hazard.

Often times a truck driver has to deal with the loading dock and that can be very dangerous.

Think of broken bones, dropping items, tearing a muscle, etc.

Slip and fall accidents happen all the time when truck drivers deliver products into restaurants, casinos, grocery stores, Home Depot, etc.

 

Truck Driver Negligence

When an accident happens with a truck most people first look to the truck driver or the trucking company.

In some cases drivers may be negligent in the accident for example by driving long after the there scheduled stop time to meet a deadline. 

But there are also many times where the truck driver may be involved in an accident for reasons that are no fault of their own.

Weather conditions are a perfect example of a reason that a truck driver might not be responsible for an accident like slippery roads during snow.

The driver of the other vehicle may also be responsible for the accident.

What if the truck driver was injured by the other person in the accident?

Many Regulations Exist

Truck drivers are subjected to many regulations to try and reduce accidents on the roadways involving trucks. 

These include drug and alcohol screenings, truck inspections on the freeways, special licensing or CDL license requirements and limits on the amount of time per day.

Trucks today are equipped with computers that record the amount of time drivers are driving in a day.

Drivers and companies can be fined large amounts for drivers who break the rules.

Every truck driver who drives a vehicle that carries 10 or more people or a weight over 26,001 pounds must get a commercial driver’s license or CDL.

All these things are in an effort to reduce accidents involving trucks and truck drivers.

 

when is a truck driver to blame for a crash

When is a Truck Driver to Blame

If you have been injured in an accident involving a truck driver you may need an attorney.

The truck driver might be the cause of the accident due to a variety of issues.

Some examples of truck driver negligence are:

Speeding- Newer trucks are equipped with maximum speed sensors that only allow trucks to operate to a certain speed, but older trucks are not and driving long hours and maybe not paying attention can cause a driver to speed. Speeding in a truck that is full and carrying a lot of weight can cause a devastating accident.

Distracted DrivingDistracted driving is the same for everyone but it is more problematic for truck drivers since they are carrying a load of goods and stopping takes longer. Distracted driving includes talking on the phone, eating,  and for the women drivers putting on make-up.

DUI or driving under the influence of drugs– Even though truck drivers are tested for drugs and alcohol they are not tested all the time and sometimes they like other people are involved in drunk driving accidents.

Truck load not properly secured– If the truck trailer is not properly secured to the cab this can result in the truck separating or shifting in a lane causing a crash.

Failing to follow general road laws– Failing to follow general road rules like failing to yield or give right of way, failing to use a turn signal, failure to stop etc.

These are a few examples of how truck drivers can be negligent while driving and can be responsible for some devastating accidents.

 

injury from truck accident in Nevada

Severe Injuries in Truck Accidents

Most accidents involving trucks in Nevada result in serious injury or death.

Truck drivers or trucking companies tend to take the blame when serious accidents or death occur after an accident.

If you are an independent contractor like an Amazon driver then you may be held personally responsible for the accident with no help from the company you are driving for.

Severe injuries after a truck accident include –

Spinal Cord injuries

TBI or traumatic brain injury

Amputations 

Paralysis

Death

 

Truck Driver Dangerous Driving Habits

Truck drivers are in a unique position that requires them to get their load to a certain location at a specific time.

If they are late or missed the deadline they may be fined or in some cases not paid at all.

So drivers put themselves in a position where they are sleep deprived.

The National Sleep Foundation has found that 40% of long haul truck drivers get less than 6 hours of sleep while working.

This puts them at significant risk for an accident since sleep deprivation can cause slow reaction time.

In 2013 there were over 4,000 commercial truck accidents and according to the NHTSA nearly half of those involved drivers who had fallen asleep while driving.

This results in accidents involving other cars, pedestrians, and bicyclists.

Reckless Driving

This is considered reckless driving when driving while fatigued.

Truck drivers can be held responsible for the accident if they injured themselves or someone else while driving fatigued. 

Since truck drivers can be up for sometimes over 17 hours, OCSA or the occupational health and safety administration recommends the following:

  • Get 8 hours sleep before resuming driving
  • Get off the road to a truck stop or pull over to take a short nap maybe 20 minutes
  • Make sure you eat healthy snacks and drinking non-caffeinated beverages
  • They say do not drink caffeinated beverages since they can make you feel alert for a short period of time but there then comes the crash after.

 

All people on the road including truck drivers are responsible for safety on the road.

We all share the road and we all should be safe.

But if someone is negligent including truck drivers they should be held accountable.

If you are injured in an accident in Nevada that involves a truck driver then you need to call The Richard Harris Law Firm today.

 

Truck Drivers as the Victim in Accident

Truck drivers are considered employees of the companies they work for.

In some cases they work for the trucking company that ships products.

In others they are employees of the company for the goods they are shipping, for example Walmart has its own shipping division therefore the drivers are employees of Walmart.

So if you are an employee of the company as the driver and are injured in an accident you are entitled to file a workers compensation claim with the company you work for.

You are also entitled to disability short term or long term if you were injured in an accident as the driver of a truck.

Filing a workers comp claim or a disability claim can be complicated and if not done correctly can cause the claim to be denied altogether.

Having an attorney who knows how to navigate the paperwork and red tape with insurance companies and your employer is invaluable. 

 

Why Hire The Richard Harris Law Firm

If you were injured in an accident involving a delivery truck or a long haul truck and believe that the other driver was at fault then call us.

Or if you are a truck driver injured in an accident while on the job and you think you have a case called The Richard Harris Law Firm today.

We offer free case reviews and consultations.

We take most accident cases and will give an honest answer as to what to expect from your case.

We work on a contingency basis, meaning we take no money up front and are only paid when we win your case.

We are with our clients every step of the way, for every hearing or court appearance.

We file all paperwork for court proceedings.

We have been helping since 1980 in our community here in Las Vegas.

We have recovered over a $ Billion dollars for all of our clients.

If you are a truck driver injured on the job call today.

las vegas blvd injuries

Filed under: Blog

December 7, 2022

Injured on Vacation in Las Vegas

  Were You Injured on Vacation in Las Vegas I remember the first time I went to Las Vegas on Vacation, since I’m originally from the east coast so going to Vegas was a big…

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Were You Injured on Vacation in Las Vegas

I remember the first time I went to Las Vegas on Vacation, since I’m originally from the east coast so going to Vegas was a big deal.

I planned that trip with my two other friends for months, where to stay, what shows to go, where to eat at all the fabulous restaurants and what other casinos are we going to visit?

Visitors get hurt in nightclubs, beauty salons (prepping for the clubs) and of course even riding a scooter around is dangerous.

Sounds like a lot all crammed into three days right?

Well I was much younger then and even now I think a three day trip to Vegas is enough, any longer and you could be out of money and running on fumes.

People come from all over the world to visit Las Vegas, some come for gambling and entertainment, but casino injuries happen daily.

While others come to attend one of the multitude of conventions and conferences that take place in Las Vegas every year.

Las Vegas is Loved by Many

Las Vegas is one of the largest convention cities in the world. During the busiest convention, CES ( consumer electronics show) that takes place every January there are approximately 700,000 attendees added to the regular visitor business.

However it doesn’t matter what the reason you’re visiting Las Vegas, either on business or just for a fun trip you never plan on being injured.

You might get hit while a passenger in an Uber, or riding in a limo.

And spending some of your vacation or business time dealing with the fallout of getting hurt while in Vegas.

No one plans to be injured while on a trip to Las Vegas, but if you end up in this predicament then you should contact a local personal injury attorney that knows the local laws and has been a staple in Clark County since 1980.

Call The Richard Harris Law Firm today for a case evaluation.

 

 

Common Las Vegas Injuries

Las Vegas is a busy city that has a 24 hour a day environment where nothing ever closes and alcohol and gambling are always available among other things.

And of course Fremont Street in Downtown Las Vegas has its fair share of injury accidents.

You can basically get whatever you want when you want if you have the funds.

This is a breeding ground for accidents and injuries, there are few injuries that are more common than others –

 

These injuries are just the most common ones that happen to visitors and residents alike are injured while visiting a casino in Vegas.

The entire economy of Las Vegas is built on tourism, entertainment and gaming, yet many hotel casino operators disregard guests by being neglectful in their safety practices resulting in harm or injury to guests or residents alike.

The Richard Harris Law firm has very successfully represented clients who have been injured in hotel casinos for over 40 years.

If you suffer any injuries from a Vegas vacation then call us for Free consultation today.

Some injuries that we see from tourists – 

Broken bones

Whiplash

Lacerations / Cuts

Facial / Dental

 

injured while on vacation in las vegas nv

What To do If  Injured on Vacation in Las Vegas

If you are ever injured in any accident there are a few basic steps that you should take in any situation to protect yourself and get you back to whole as soon as possible.

Remember there is a statute of limitations so don’t wait to get help.

And be careful how fast you get back to your job after getting injured, there are many reasons for this.

If you are visiting Las Vegas and get injured you should do the following immediately –

Seek medical attention- This may sound over the top and crazy because maybe you don’t think you’re hurt or injured. But go get checked out immediately, you’ll need to go to the doctors that the hotel’s insurance company provides unless it’s a real emergency and they take you to the nearest hospital. Going to get medical attention can also help you in the future to prove that the injuries occurred during the accident that took place on your vacation in Las Vegas.

Make sure you keep all records of any treatment that you receive as well as the contact information of the medical providers and facilities you were treated at. Once you return home you’ll need to continue the medical treatment plan given to you by your treatment providers. On a side note in some cases injuries are not visible immediately or visible that’s why going to get medical treatment is so important.

Preserve the evidence– Hotels and Casinos are great at making things go away, everyone remembers “ what happens in Vegas stays in Vegas” the genius marketing plan for Vegas for many years. That comes from Vegas and the hotel and casinos being very good at making the bad disappear as if it never happened.

So when you are injured in an accident in Las Vegas while on vacation you must act quickly to preserve the evidence. Take as many photos and videos as you can as quickly as possible. If you are unable to do it due to injury then have a friend or family member do it for you. Also, always air on the side of caution and take too many photos or videos you never know what your attorney can use in your future case.

Find witnesses and gather contact information– Witnesses to the incident are very important to verify what actually happened from their perspective. It is important to gather witness information as soon as possible since the witnesses to an accident in Las Vegas might be on vacation also and leaving soon. Get their contact information and a basic statement as to what they saw.

You can always contact them later or more detailed information or have your personal injury attorney contact them to record a statement. Just note that some people are more than willing to help and give information wanting to be a part of the process, while others are reluctant and don’t want anything to do with issues related to your accident. Don’t push it as it might upset a potential witness just see if you can get their contact information and let your attorney handle statements from the reluctant witness. If you are injured while riding in an Uber then witness statements are key in an Uber accident claim.

complete an incident report after vegas injury

Complete an incident report- All hotels and casinos in Las Vegas have set procedures that they need to follow when an accident occurs. It is your responsibility as the victim of an injury during an accident to report it to the casino security right away. They will require you to give an account of the incident and they will file a report.

If the accident is severe enough the police will be called by a security officer. The security officers will also be the ones to call an ambulance if needed or even transport you to get medical attention. Don’t give them too much information as they may record the incident statement, just give them essential information. Remember even though they are there to help you they work for the casino hotel.

Ask anyone else involved to preserve evidence- Just filing an incident report is not enough, sometimes you need to make the hotel or casino preserve evidence from your accident. There are surveillance cameras all over the casino hotels in Las Vegas but they only hold evidence for a certain period of time. You must draft a letter or have your attorney draft a letter to have the business involved preserve evidence until your claim is filed.

Don’t take their word for it– Remember the representatives for the  hotel casino or other business work for them. They are there to minimize their responsibility and therefore what they are responsible for. Never take what they say at face value, they might offer to handle everything for you so that there is no need to file a claim. Always speak with an attorney, consultations are usually free and you can get information on what to expect going forward.

Work with a local attorney- Maybe you have a favorite attorney back home that you hire for other things. You are most likely going to have to file your claim against the business where you got hurt in Nevada since it happened in Nevada. You’ll need to hire a local attorney that is licensed in Nevada. They will also have  that expert knowledge of working with cases involving casinos and the local court system and laws.

How a Las Vegas Injury Attorney can help– If you have been injured while on vacation in Las Vegas The Richard Harris Law firm can help build and present your case. We at Richard Harris will help you learn about what options are available to you during your free consultation.

With years and years of experience we will work closely with you to preserve evidence in your case and to fight for the compensation you deserve. Call The Richard Harris Law Firm today if you were injured on vacation in Las Vegas.

green valley nv schools and pedestrians

Filed under: Blog

December 6, 2022

Nevada Birth Injury Lawyer

  Nevada Birth Injury Lawyers Bringing a child into the world is a blessing for many and most people look forward to welcoming their new bundle of joy into the world. Expecting parents plan for…

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Nevada Birth Injury Lawyers

birth injury lawyer nevada

Bringing a child into the world is a blessing for many and most people look forward to welcoming their new bundle of joy into the world.

Expecting parents plan for sometimes years to have a baby.

There are baby showers, gender reveal parties, and decorating the nursery.

Sometimes during the birth process there are complications or mistakes that can change your new baby’s entire life and in turn change your future.

You hope you never need the help, but if you need a Las Vegas Nevada Birth injury lawyer we are here to answer any questions.

Preventable Birth Injuries

Preventable birth injuries can cause life changing devastation for a new family including financial uncertainty, long term challenges that can be challenging to the entire family.

Birthing injuries are more common than people think and can greatly range in the severity of the injuries.

If your baby was injured during the birthing process or before birth due to medical carelessness, neglectfulness, or an intentional act by a medical provider then legal action should be taken on behalf of the infant child to provide future care.

During the birthing process either by cesarean or vaginal there are chances of a healthy mom or baby being injured if mistakes are made during this process.

Medical mistakes can lead to severe injuries or even death in either the child or the new mother during the birth process.

We Have Been Helping Nevada Since 1980

The Richard Harris Law Firm has been representing clients in medical malpractice cases for years so we understand the uncertainty that medical mistakes can cause.

In the U.S 7 out of every 1000 babies born will suffer a birthing injury.

In most cases the injuries could be avoided if proper medical procedures were followed, we understand that sometimes accidents do happen but in most cases these injuries are avoidable.

The Richard Harris legal team has lawyers with experience in birthing injuries to represent our clients in all types of birthing injuries in Nevada.

We take pride in being the top Las Vegas Nevada birth injury law firm, and our track record speaks for itself.

Call us Today for a Free Consultation.

 

We Can Help With Birth Injury lawsuits

At any stage during pregnancy and the birth process there are chances for complications, you are after all carrying a human.

During pregnancy there are many tests performed to check the overall health of the fetus and the mother.

These tests can be invasive and if not performed correctly can cause harm to the mother or child.

Medical professionals who make mistakes or act negligently should be held accountable for their actions.

We will be looking at the common causes of birthing injuries and what you need to know about filing a birth injury lawsuit in Nevada against a negligent medical professional.

These are the most common birth injuries associated with legal action:

  1. Birth Hypoxia– This happens when the baby is deprived of oxygen to the brain before, during or after delivery. This is common when the umbilical cord gets wrapped around the baby’s neck or the mother is lacking oxygen due to another medical emergency. If these issues are not addressed immediately this can cause permanent brain damage to the infant or even to leave the baby in a vegetative state needing a lifetime of 24 hours a day care.

  2. Brachial Plexus– This extensive nerve area around the neck that controls much of the extended limb function can be damaged during the birthing process by tearing or stretching while trying  to get the baby out. This may cause injury even paralysis when these nerves are injured.

  3. Brain Damage– The most common brain damage to a newborn is when they are deprived of oxygen or the brain is damaged when the skull that has not fully formed is injured during the birthing process. Remember the birthing process is a traumatic event.

  4. Breech Birth Complications– Breech births are more common than you think, it is referring to the baby entering the birthing canal in the wrong position or feet first. All babies are born head first. Breech births can cause many complications to both mother and child. The mother could suffer a broken pelvis or severe blood loss, lack of oxygen, The baby could suffer fetal distress, cerebral palsy, seizures, and nerve damage.

  5. Cerebral Palsy– This is permanent brain damage that affects about 10,000 babies per year. 20% of adults that currently have Cerebral Palsy suffered a brain injury at birth, not before or after but during. Cerebral Palsy causes motor function deficiencies and other issues that last a lifetime.

  6. Incorrect medication or dosage– Since babies are so tiny finding the right dose for medication can be difficult and these mistakes are more common than you think. Even if the mother is given the wrong medication or the wrong dose of a medication during the pregnancy or birth process can cause severe injuries or even death to both the mother or child.

  7. Failure to perform a cesarean in time– After many hours in labor the baby still isn’t coming then it’s time to perform a cesarean section to have the baby removed safely. If the birthing process is not performed in a timely manner the bay could suffer distress from lack of oxygen or other serious complications.

  8. Fetal Death– let’s be clear, fetal death means that they have to deliver the baby even if it has passed on. Most fetal deaths are caused by medical negligence such as inadequate prenatal care, failure to treat conditions in the mother during pregnancy. Failure to address issues with the baby due to lack of prenatal care.

  9. Shoulder Dystocia- During the birth process the baby’s shoulder gets stuck in the birth canal. This can cause many forms of permanent damage to the baby including paralysis or permanent nerve damage. This can also cause broken bones for the mother or severe tearing during birth.

 

If you or your baby suffered any of the preventable injuries above or suffered from a spinal cord injury, nerve damage or any other injury, then call The Richard Harris Law Firm today.

We want to ensure that you get justice for you and your baby.

Injuries like these can be financially devastating and can require lifelong care for the child and the mother.

Our lawyers understand how difficult this time can be and how difficult it can be going forward.

We at The Richard Harris Law Firm can handle the difficult process of getting ongoing care for your child while you focus on the healing process.

what causes birth injuriesWhat Causes Birth Injuries

There are many causes of birth injuries some are accidental or genetic but sometimes medical errors can lead to malpractice.

These are some of the most common causes of birth injuries:

  • Delayed Birth actions

  • Deprived of Oxygen

  • Failing to monitor baby’s heart rate during the birth process

  • Failing to follow proper safety procedures

  • Failing to recognize medical issues in a newborn

  • Failing to recognize a need for a cesarean section

  • Failure to recognize fetal distress during the birthing process

  • Giving the wrong medication or improper doses of medications

 

Why You Need a Birth Injury Lawyer

Thousands of babies are born every year without any medical issues.

But for those who have experienced medical issues during childbirth or the baby was hurt during the delivery process (causing significant injury), then you need an advocate to help you get justice for your child.

The Richard Harris Law Firm can help you prove that the doctor or other medical staff acted in a negligent manner or made a mistake that was preventable or that a professional failed to meet the standard of care.

We can help you take action against the guilty party if you or your child was injured during the birth process in Nevada.

Who is Responsible for Birth Injuries in Nevada

In Nevada pointing blame for birthing trauma can be difficult and can depend on many factors.

This can include whether or not the error could have been avoided and the type of mistake that was made.

If the medical professional misdiagnosed or administered the wrong medication or failed to deliver the baby properly they may be liable for the injuries your baby has suffered due to negligence.

In many cases it’s not just the individual medical professional that can be held accountable for the injury but also the hospital or medical facility.

If the medical facility has improper equipment, or was not properly sanitized or cleaned and this caused the injury during the birthing process, then the hospital or facility can be held accountable as well.

To learn more about liability and malpractice lawsuits related to negligence and birth injury in Nevada contact our firm today.

We will work with the insurance companies and hospital administrators to get your child the care they will need and deserve.

If you or your child was injured during childbirth and think the medical staff is responsible call The Richard Harris Law firm today.

loss of consortium in nevada personal injury claim

Filed under: Blog

December 1, 2022

What Is Loss Of Consortium in Nevada Personal Injury Case

  Information Concerning ‘Loss of Consortium’ This is a term that not everyone may be aware of. The word ‘consortium’ in this context refers to the moral support, intimacy and/or companionship that is part of…

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Information Concerning ‘Loss of Consortium’

loss of consortium when a spouse dies

This is a term that not everyone may be aware of.

The word ‘consortium’ in this context refers to the moral support, intimacy and/or companionship that is part of the relationship with married couples and domestic registered partners.

This can also include; love, affection, sexual relations, and the ability to have children.

If a spouse or domestic partner was the victim of a wrongful injury than under Nevada law you have the right to sue for ‘loss of consortium.’

The difference between a wrongful death case is that a ‘loss of consortium’ case puts limits on what the plaintiff can recover in non-economic compensatory damages.

The damages can be subjective since there are many specifics of the relationship and damages that can be factored in.

Some of these include certain aspects concerning the loss of the quality of the relationship.

Was There Negligence

Was the injury caused by the negligence of another person or party.

This lawsuit does not include economic losses suffered by the injured person.

This could include lost wages now and later in the future as well as medical expenses that may have been accrued.

The person injured however can sue for those damages in the same suit.

As you can see if you find yourself in this situation with a spouse or domestic partner it is a good idea to have a personal injury attorney that you can trust on your side to lead you through all these complex legal issues.

The Law Offices of Richard Harris are knowledgeable and well aware of all the facets of a ‘loss of consortium’ case.

 

Some Causes For ‘Loss of Consortium’

There is often an event that is the cause of ‘loss of consortium.’

It could be an automobile accident, pedestrian accident, manufacturers defect, slip and fall, or harmful chemical poisoning on the job.

It could be from a break in or robbery where an assault took place or a rape happened.

Medical malpractice could also be the cause of this type of situation.

These experiences could leave a person with long term injuries and permanently disabled.

If this were to happen to a spouse or partner their relationship with the injured would be turned upside down and traumatically affected.

A ‘loss of consortium’ lawsuit could be filed even after a deadly Uber car accident in Vegas, and calling Richard Harris is your best bet.

If the injuries lead to death than a wrongful death suit could be filed.

 

Most Common Forms of Loss Include

  1. Companionship – This occurs when the injured person becomes available at a diminished capacity to the spouse or partner. If a couple are unable to spend time talking, traveling, walking, hiking, and going to events as they once did this could be considered a loss of companionship.
  2. Intimate Relations – Loss of intimacy is an example of this as well. If the loss is non sexual and emotional the loss would be considered under the loss of companionship. Intimacy however is often a reference to sexual connections. Some injuries will affect both the companionship as well as the intimacy of relationship due to the physical and mental aspects of the injuries. Disfigurement and pain to touching sensations can create this type of loss.
  3. Service – Loss of income and support is another type of loss. Loss of financial support can cause both emotional and physical suffering. Often the partner that is not injured will have to change their life and begin working in order to survive. This can be especially difficult if the person injured has been the primary care-giver for a long period of time. Injuries and the death of a partner can bring on more medical expenses which can be crushing.
  4. Reputation – This sometimes occurs when an injury of a spouse or domestic partner creates emotional distress and mental anguish to a person that they need to take time off work. This can negatively affect one’s reputation. It may force a person to quit their job and can have a negative impact if they later start trying to be rehired or when they are looking for employment down the road.

These are just a few examples of loss that the courts will consider in a ‘loss of consortium’ case.

The amount of loss will depend on each unique set of circumstances.

A person who was once sharing the responsibilities with their spouse or domestic partner may find themselves having to manage a much larger load.

This can be overwhelming and difficult.

The longer the partners have been together the more difficult that adapting to a new way of living can be.

 

How Much Can a Spouse Recover in a ‘Loss of Consortium’ Case in Nevada?

There is usually no limit on non-economic damages.

It is up to jury to come up with a fair and reasonable amount in the court of law.

The more pain and suffering from an injury will help determine the amount that will be awarded in these cases.

Always check for any updates to these laws with a lawyer.

Basic Essentials of a ‘Loss of Consortium’ Claim

In order to have a successful claim the plaintiff needs to prove that;

  • There is legal and valid proof of a marriage or domestic partnership
  • There is a ‘loss of consortium’ that was suffered
  • That a wrongful injury took place and that the spouse or domestic partner suffered from the injury.

There must be reasons that the person was injured wrongfully like; recklessness, carelessness, and negligent behavior.

Was the injury an accident or done with malice intentionally?

 

what to know about loss of consortium

How To Prove a Loss of Consortium Claim

Matters like these can be very personal.

A spouse or domestic partner may feel uncomfortable in revealing intimate details of their relationship.

It may however be necessary in order to prove your case.

There may be witnesses and testimony from family, doctors, friends etc. that can shed the light that is needed in order to prove ‘loss of consortium.’

Sometimes lawyers and private investigators will be needed to build a case.

Our Las Vegas personal injury law offices will help with this process and try and protect our clients from other attorneys that may be wanting to over reach.

This happens in cross examination situations.

It is best to be represented by an attorney that has your back and can help guide you through all the legalities of a case.

 

How Can I File a ‘Loss of Consortium’

Richard Harris can help you with all the answers to your questions.

Contact us for a free consultation.

We will look over your case and try and give you your best options available.

The state of Nevada has a statute of limitations on ‘loss of consortium’ cases where you must file within a certain time frame.

In some of the cases it is as soon as within 1 year.

This is why it is important to speak with a knowledgeable personal injury attorney that knows their stuff.

Getting all the information will allow you to have a better understanding and peace of mind.

With this type of case, it is important to have an experienced attorney that can make sure all the paper work is filed properly.

We are here to help!

 

Is a ‘Loss of Consortium’ a ‘Derivative Claim’?

Yes, in the state of Nevada it is.

What this means is that the right for a plaintiff to recover derives from the injury that happened to the domestic partner or spouse.

The injured partner or spouse must sue in the same claim for the ‘loss of consortium’ and the injury.

These laws may change at some time so it is always important to check with a qualified personal injury lawyer for the up-to-date information on this law.

The state of Nevada sees this as a protection against double recovery.

Partners are still allowed to be compensated for different things in the case though.

 

how to calculate damages in loss of consortium claim

How To Calculate Losses and Damages

Since a ‘loss of consortium’ case is considered to be compensatory and non-economic a jury or a judge will most likely be the ones to review the case.

All the facts of the case will be analyzed.

Details like, length of relationship, stability of the relationship, financial support, and contributions to the relationship.

If children are involved will be a part of the calculations in some cases.

They will also look to see if the injury or death was caused by negligence and/or intentional and if the injury caused permanent disability or long-term care.

These are some of the factors that will help determine the outcome.

 

how personal injury lawyers can help

How a Personal Injury Attorney Can Help

Our personal injury attorneys at Richard Harris will help investigate the details of your case.

After we determine who is liable for the injury, we will try our best to hold them responsible for the damages left behind.

Getting you the maximum compensation is our goal.

Our law firm has been around since 1980 which means we have lots of experience.

We will try and get you compensated through our expertise in negotiating.

We also have excellent court room trial attorneys if necessary.

Contact us by phone, email or just come by our office.

Woman is witness to car crash

Filed under: Blog

November 29, 2022

Important Information About Witness Statements After Car Accident

  Witness Statements After an Accident Getting in an accident can be nerve racking. A city like Las Vegas has plenty of accidents of all types. You can find yourself in an accident with a…

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Witness Statements After an Accident

nevada car crash

Getting in an accident can be nerve racking.

A city like Las Vegas has plenty of accidents of all types.

You can find yourself in an accident with a car, bike, motorcycle, pedestrian, or a truck.

Intersections and busy streets are often a place where a traffic accident can take place and getting the accident camera footage is very important for the case.

Las Vegas is a town with many distractions and distracted drivers make up a large percentage of automobile crashes.

In these higher traffic areas, there are usually witnesses that see what has taken place.

If you find yourself injured in an accident due to the fault of another it is important to get the evidence needed in order to prove it.

Having a witness that can confirm the events that took place can definitely help.

If you are hurt it may be difficult at the moment for you to gather all the evidence.

If you are able to clear your head and get some witness information than it is important to do so.

Having a dependable eyewitness may be the difference between winning and losing your case.

Eyewitness testimony is always a plus and the more witnesses that can help you the better when presenting your case to the insurance companies or in a court of law.

In order to get the right information from the witness there are some questions that are important to ask when you are getting their testimony.

 

  1. Can You Tell Us What Happened?

This is crucial evidence that a witness can explain in their own words what they saw. It is important to get the info of who hit who and the circumstances surrounding the crash. They may say that the car was speeding and slammed into the other car that was driving along safely. We all know that every accident has its own set of circumstances. If the witness clearly saw the accident and is able to state who was at fault then it will help your case. Especially if there are multiple witnesses stating the same thing. Let the witness explain in as much detail what they saw. Get as much information as possible. With each question try and get more clarity from the person. These are questions that our attorneys are well aware of and if you are not able to speak with the witness on the spot, we will follow up with them helping you build your case.

  1. Where Were You Standing at the Time of the Crash?

Some witnesses will have a closer view point and others may have a clearer picture of the entire scene. It is important to get all the different perspectives as to where each witness was standing when the accident occurred. Find out if they were able to see the traffic lights and other details that may help your case. Some of the witnesses will have a better sight of the accident than others. Putting all the evidence and testimonies together can help show the whole picture of what happened. A personal injury attorney that specializes in this can be a big help.

  1. Try and Get Details from the Witnesses

Each observer will determine the line of questioning for you. All accidents have their own unique set of circumstances.

Try and get the eyewitness to narrow down the focus and get as many relevant details possible that will help your claim.

Some of these questions may be for example;

  • Can you tell me where each car was when the accident took place?
  • How were the drivers driving at the time of the accident?
  • Was anyone speeding or driving dangerously?
  • Was the driver cutting in and out of traffic?
  • Was anyone tailgating?
  • Was there negligence that caused the accident by any of the drivers?
  • Were the cars driving the speed limit?
  • Did anyone run a red light or stop sign before the crash?
  • Was there any other type of traffic violation that you observed before the accident occurred?
  • What lane were the vehicles in before and after the crash?
  • Did anyone appear to be drunk or high at the scene?
  • Did you notice any other odd behavior prior or after the accident?

 

  1. What Happened After the Accident?

It may be that a person was around when the accident occurred but did not actually see the crash take place. They may have some important information still that could be helpful. In some hit and run cases there may be a witness that did not see the accident but saw the car leave the scene of the crash. Phones and cameras are very valuable and this witness may have gotten some video of the car fleeing the scene. They may have seen the license plate, car make, color, model etc. This can be of great piece of evidence later down the road.

  1. Did You See Any Other Witnesses?

In this scenario a witness may be able to get you to another person that may have seen the accident as well. Sometimes if the witness is a local resident, they will be more descriptive of the streets and scene that took place. A tourist may be overwhelmed by the events and not really know what the name of the road is or whether it is north, south east or west. A person knowledgeable of the city streets and directions will be able to usually give better details of these things. An out-of-town witness may be hesitant in coming back to town for their testimony or if needed for trial. Not every witness may be helpful to your case. Getting a reliable witness is important.

  1. Do You Know Anyone Personally That Was in The Accident?

This is an important question. A witness that knows one of the drivers may be more biased than a complete stranger. They may not be reliable and may give false information in order to protect the person that was in the accident.

 

injuries in laughlin car crashes

  1. Do You Have Any Knowledge or Expertise That May Be of Help?

The value of a witness varies depending on the special circumstances. A kid distracted by their phone and not paying much attention at the accident scene will not be as valuable of a witness. Now a lawyer, off duty cop or car expert focused on the road that can describe the events concisely and accurately of the crash will be much more helpful to the investigation.

  1. Can I Get Your Contact Information?

This is vital. In order to confirm this testimony later it is important to get as much contact information from a witness as possible. A lawyer may need to speak with the person again regarding the case and if you can’t get a hold of them, it can be detrimental. The insurance company may need to confirm the story of the witness. Witnesses can be the most important aspects of the case so it is important to get their contact information.

  1. Is There Anything Else You Can Tell Me?

This is a great way to get the witness to brain storm the events that took place. Sometimes the questions may not give you all the answers. Allowing the witness to open up freely and describe the chain of events and what they saw can be valuable. Maybe they remember something important that they may have overlooked in the line of questioning. It is a good idea to also check back with them and see if there is anything else that they may have remembered that could be useful. It is a good idea to give them your information as well so if they do remember something that they can get a hold of you too.

Make sure that the witness gives you first hand information. Try and keep the witnesses’ opinions from clouding the facts.

If possible, have the witness write down what it is they saw.

This way if the witness decides to change their story later then you have their original statement.

 

call richard harris for help

How Richard Harris Can Help?

An accident can leave a person injured both physically and mentally.

A car accident can be traumatizing and come with injury that may need all your attention.

For you to have to worry about tracking all the witnesses down and putting a case together on your own can only add to the stress.

The Law Offices of Richard Harris know how to deal with Uber car accidents which happen all the time on vacation in Vegas and witnesses are important.

We are a team of professionally trained attorneys that are experts in dealing with witnesses and building a case to give you the best opportunity to win.

Our lawyers know how to go through all the evidence and witness testimony.

Finding the most credible witnesses is important to any case and we know just how to do that.

At the Richard Harris Law Firm, we charge no upfront fees and will only receive payment when you do.

Contact us by phone, email or just come by the office for a free consultation.

moving truck accident injuries

Filed under: Blog

November 28, 2022

Semi Truck Accident Due To Faulty Equipment

  Semi-Truck Accident Due to Equipment Failure Big rigs, 18 wheelers, or semi-trucks, whatever you call them are large trucks with multi axles that travel our interstate highways and in most cases deliver most of…

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Semi-Truck Accident Due to Equipment Failure

Big rigs, 18 wheelers, or semi-trucks, whatever you call them are large trucks with multi axles that travel our interstate highways and in most cases deliver most of our consumer goods.

These trucks are an amazing feat of engineering but they are not your typical motor vehicle, they have parts and components that are very different from a regular car that need to be in working order at all times.

If at any time one of these items doesn’t work properly a catastrophic accident can be the result.

A few of the critical safety systems on a truck are:

  • Lighting

  • Conspicuity

  • Tires and wheels

  • Brake systems
  • Steering and suspensions

  • Coupling devices like fifth wheels

When safety failure happens like brake failure, headlight defects or malfunction, wheel or tire defects and coupling device failure, serious injury or accidents can occur.

An experienced truck accident lawyer in Nevada can explain what equipment failure may have caused your accident.

If you have been injured in a truck accident due to equipment failure then you need to call The Richard Harris Law Firm today.

 

common defects and equipment failure with semi-trucks

Defects & Equipment Failure With Trucks

Truck accidents can be horrible, and even deadly.

But when the accident is casused by faulty equipment it can be very difficult to deal with the insurance companies and the other negligent parties (like the truck and parts manufacturers).

Don’t wait for help, Call Richard Harris Law Firm Today.

Brake Failure and Defects

This is considered one of the most common issues among truck drivers.

Semi trucks use air brake systems that include air compressor, air lines,  air tanks and brake chambers to stop the heavy truck.

Brake systems in trucks can rust or wear out over time, or leak out air due to overheating or becoming loose, or just stop working.

It is crucial that brakes on semi trucks work properly at all times.

In spite of the obvious reasons that brakes need to work this is the most common equipment failure among the trucking industry.

Brake issues can cause brake performance to be reduced or to fail altogether.

Weight capacity is a major issue of brake function.

The amount of cargo a truck can carry is predetermined by the manufacturer at the time of production.

This can even cause issues at a loading dock where somebody is injured.

Weight Limits

Trucks are given a maximum weight capacity that they can safely carry.

In some cases a trucking company or distribution center may either intentionally or not overload a truck causing extra stress on an already fragile brake system.

Speeding is another concern, since large semi trucks are already weighed down; speeding with a heavy truck can also cause the brake system to fail.

Big heavy 18 wheeler trucks can’t stop on a dime like a car so when trucks speed and the brakes malfunction this is a recipe for disaster.

Brakes that fail are also one of the main components of 18 wheeler jackknife accidents.

Truck maintenance and inspections are the way to avoid brake defects and issues.

These should be routinely done by trucking companies and if a truck has any brake issues the truck should be removed from the road until the truck is repaired and the brakes are replaced.

This doesn’t always happen however.

 

headlight failure on semi truck

Headlight Defects and Lighting issues

Some sections of interstates like the I-15 have very dark areas in the desert.

Trucks need to be well lit to be safe and to keep others on the road safe.

Federal regulations are very specific about the lighting on a Semi-truck or 18 wheeler.

This includes the type of lighting, color, placement of lights throughout the truck, and the amount of lights on a truck.

These specific regulations from the federal government include headlights, turn signals, side markers, tail lights, brake lights, parking and interior lights.

Problems with lighting are among the most common and easily fixable problems truck drivers and trucking companies face.

Lighting can be disrupted due to shock, bad or faulty wiring, connection issues, or wrong voltage can cause lighting issues.

When you can’t see a truck coming in the dark or maybe you’re in a place (like Cajon Pass on the I-15) between Las Vegas and Los Angeles and a truck is coming at you but you can’t see it, that’s when accidents happen.

This can all be avoided if proper inspections are performed by the trucking company as required by law.

 

Conspicuity

This literally means the state or quality of being clear or bright , conspicuousness.

So semi-trucks or 18 wheelers need to be visible at all times to all others on the road.

If they are not visible this can cause jackknife accidents or under-ride collisions where the smaller car goes under the rear of the truck and the rear of the truck takes off the top of the other vehicle.

And in most cases kills all the passengers inside the car.

In other cases truck lights might not be on due to an electrical problem.

All trucks have on broad computers that notify the driver of any malfunctions.

But if the truck already has an electrical problem, who’s to say that the computer isn’t malfunctioning as well and the driver doesn’t know the lights aren’t working.

This is why semi-trucks are also required to have reflective or conspicuity tape on certain areas of the truck like the side and rear.

Other drivers might not be able to stop in time if trucks are not seen on dark or winding interstates like the I-15.

 

Tire and Wheel Problems

We always see the shell of tires that have fallen off big rigs on the side of any freeway or interstate.

Tires for large trucks are a specific kind that are federally regulated with special specifications including tire depth, tire load, inflation pressure, and condition.

Tires on trucks are not to have any broken or missing rims, broken or loose wheel or lug nuts, and must be maintained with air pressure and not lose.

Truck tires are made to be regrooved and then to almost shave off while driving to allow the trucks to continue to operate.

This is caused by weight and friction of heat on the roads.

Regrooving tires on big rigs is permissible under certain circumstances, where they retread tires.

Tire defects including low air, leaking tires or worn out tires can cause a truck to have a blowout.

Since truck tires are in some cases the size of your car you can imagine what can happen if a semi has a tire blowout.

 

injury from semi truck crash
A disabled man is sitting in a wheelchair after truck accident

Truck Accident Injuries From Equipment Failure

Weighted trucks should not be traveling our highways with faulty or broken equipment.

This can lead to accidents with severe injuries or even death

Some common injuries associated with truck accidents are:

 

Along with injuries that can be severe or even death there may be total property damage to your car vehicle or even damage to a building if the truck hits the building in the course of the accident.

This can be devastating to the injured party as well as others that need to use a vehicle or work in a building that is damaged by a truck with equipment issues.

Every truck accident is unique and no settlement is the same, read more about the average truck accident settlement and what determines a payout.

 

what money can be recovered from semi-truck accident due to bad eqiupment and parts

Compensation Recovered From Truck Accident

A good truck accident injury attorney can get you financial rewards to help with everything from lost wages, medical bills current and future.

Our law firm can also help you with pain and suffering, property damage as well as punitive damages if the court finds that the truck company or manufacturer was negligent.

The size of the award is based on the severity of the accident and injury as well as the negligence of the companies involved.

Your lawyer will negotiate the appropriate settlement and go for the maximum award for your case.

 

Why Call The Richard Harris Law Firm

Richard Harris is the number one personal injury lawyer in Las Vegas and all over Nevada.

We have recovered over a $ billion dollars for our clients over the years.

We have been in business for over 40 years and have a great reputation with our clients.

Call For Free Consultation

We offer free consultations and case reviews.

We work on a contingency basis meaning you pay nothing up front.

We only recover payment when we win your case.

We will always try to get the largest settlement available by law for a  truck accident or any other accident.

We fight for our clients and can help you get medical care or reliable transportation and other financial services while your case is pending.

If you have been injured in an accident involving a semi or tractor trailer call The Richard Harris Law Firm today.

slip and fall injury in downtown vegas

Filed under: Blog

November 15, 2022

Injured on Fremont Street in Downtown Las Vegas

  Injuries Happen on Fremont Street Las Vegas When visiting big cities people always tell you to be aware of your surroundings right? Well the same goes for Las Vegas. Las Vegas has two main…

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injuries happen on fremont street downtown vegas

Injuries Happen on Fremont Street Las Vegas

When visiting big cities people always tell you to be aware of your surroundings right?

Well the same goes for Las Vegas.

Las Vegas has two main areas where tourists flock to, one is The Las Vegas Strip or Las Vegas Blvd.

This is the area where all the big major casinos are like Caesars Palace or The Cosmopolitan.

The second area is a little less glamorous but so much fun and that is Fremont Street or downtown Vegas.

Fremont Street is the old strip in Vegas and some of the older hotels with a lot of history are downtown like The Golden Nugget, or Binion’s Gambling Hall and Hotel, or the Plaza.

Downtown Vegas or Fremont Street also has an under the dome zipline that goes from one of the streets to the other.

Fremont is always lively with street performers, artists and acrobats, but unfortunately people get hurt everyday on Fremont Street in Vegas.

There are many other businesses downtown including Telemundo the Spanish television station and Zappos, the online shoe retailer have headquarters downtown.

Stay Safe and Aware

Along Fremont there are plethora of bars and restaurants to choose from.

Fremont is a lot of fun and most of the time much less expensive than the Strip on Las Vegas Blvd.

Even though Fremont Street is a busy Las Vegas attraction with large groups of people bustling around all the time, it is important to remember your surroundings and be aware.

There are so many ways to be injured and you certainly don’t want to ruin your vacation or trip over an accident or injury that may be avoidable.

If you were injured due to someone else’s negligence on Fremont Street it sure would be a good idea for you to speak with an attorney to understand what options are out there for you.

 

Being robbed or assaulted on Fremont Street?

Is Fremont Street safe?

Is Downtown Las Vegas safe?

These are some of the questions tourists ask all the time when they come to Downtown Las Vegas.

No matter where in the city you are, Fremont Street or some other part of Las Vegas you should always be aware of your surroundings.

Being the largest city in Nevada comes with a particular set of challenges, and even though Las Vegas is a fairly safe city compared to other large cities it does have its share of crime.

The less traveled by areas like some areas downtown the risk is greater of being robbed, assaulted, or pickpocketed since the police presence in these areas is less than on The Strip.

We emphasize that Las Vegas is a relatively safe city.

There are some things you can do to make the chances of being robbed, pickpocketed or assaulted much less.

For one, walking alone at night in dark areas is not recommended.

If you can walk with another friend.

The businesses in a higher crime area can help reduce the risk of guests being assaulted or robbed by providing proper lighting in store front areas.

In addition adding security cameras, on site security personnel are also some things businesses can do to help reduce Fremont Street crime like robbery and pickpocketing.

If someone is injured or assaulted in front of a business or in a business on Fremont Street the business or business owners might be held liable because of a premises liability claim.

 

downtown vegas fremont street slip and fall law firm
call Richard Harris for slip and fall injuries

Slip and Fall Accidents on Fremont Street

Since Fremont street is always busy with pedestrian traffic slip and fall accidents or injuries are more common than you think.

Slip and fall accidents can cause personal injuries or you could be injured by a motor vehicle at one of the many traffic light areas that cross Fremont Street to motor vehicle traffic.

Businesses on Fremont street have a duty to keep patrons safe by having proper lighting in the walkway areas, cleaning up liquid spills of drinks or anything else a person could slip and fall on.

Also making sure walking areas like carpeted areas don’t have any carpet either coming up or ripped that could lead to fall.

They also have a duty to keep the sidewalk area in front of her business free of debris and also the concrete needs to be level and not cracked or uneven.

You can also be injured in the construction areas of the road widening project around Fremont Street.

The construction has been ongoing for sometime and yes they have placed cones around the area but the street is all ripped up and the road is narrowed for cars causing them to merge quickly into one or two lanes.

This has become a recipe for disaster in the area.

You could be hit by a car, or fall off the sidewalk that has been ripped up by the city to make their roads in the area wider.

If you have been injured in the construction area the city of Las Vegas may be liable for your injuries.

If you have been injured in a slip and fall and sustained injuries like a broken bone, sprain, laceration or traumatic brain injury (TBI), the business owner or city may be liable for your injuries due to negligence.

 

pedestrian accidents on fremont street las vegas

Pedestrian Accidents on Fremont Street?

There are so many ways for someone to be injured in and around Fremont Street.

Slip and Falls are among the most reported injuries but other pedestrian accidents occur all the time.

Pedestrians are hit by cars all the time trying to walk from the strip to Fremont street.

People seem to think that it’s a short walk but it is a lot further than you think.

Walking from The Strip to Fremont is not only far but there are some very dark areas where you don’t want to be walking at night.

Using Rideshare

Always take a taxi, rideshare like Uber, Lyft or the Bus, even drive if you haven’t been drinking or don’t plan too.

Pedestrians who choose to walk from The Strip to Fremont Street put themselves at risk of being robbed, assaulted, or pickpocketed.

They also run the risk of being the victims of being hit by a car or slip and fall in a construction area.

All this can be avoided by not walking from The Strip to Fremont street, but if you do wear light colored clothing so you can be seen by drivers and other pedestrians.

 

Statute of Limitations in Nevada

If you have been injured on Fremont Street you have only two years from the date of the accident or injury to file a claim.

After that time it is not possible to recover any remedy because of the statute of limitations.

If someone dies because of  the injuries associated with an accident then the family of the deceased has two years from the date of the victim’s death to file a claim.

For example if the victim was injured on 12/1 but survived in the hospital until 2/1 then the family has two years from the date of death 2/1 to file a claim against the neglectful party.

So speaking with an attorney as soon as possible is recommended to get your case started as soon as possible since we know that the courts are slow moving.

This process is never fast but it can get you as whole as possible under the circumstances but time is of the essence.

Injured in a Hotel Casino on Fremont Street

Being injured on Fremont Street is only one situation where injuries occur.

You can also be injured in a Casino that is located on Fremont Street.

This changes the situation altogether.

If you are injured inside a Casino like The Golden Nugget, The Plaza, The D, or Binion’s Gambling Hall and Hotel then it may be the responsibility of the casino hotel or the owners of the property.

You must have been injured while inside the casino hotel for it to be the issue of the hotel.

If you are outside the hotel on Fremont Street that can be another situation entirely.

Any injury in a casino like a slip and fall, an assault, robbery or incident in the parking lot is the sole responsibility of the casino and its employees.

Call The Richard Harris Law firm today for a free consultation where we can advise you on who is responsible for your accident.

 

Call Richard Harris

We have been Las Vegas’s premier personal injury law firm for over 40 years.

We are tied to and know the downtown Vegas area very well because that’s where our offices are located, within walking distance of Fremont Street.

We have recovered over a $ Billion dollars for our clients over the last 4 decades.

Our main goal when representing a client is to get them the support they deserve after being injured due to negligence by a business or casino located downtown and that even includes the city of Las Vegas.

We will help our clients get the maximum reward available and only get paid when we are in your case.

You are not responsible for any financial payment until the case is settled since we work exclusively on a contingency basis.

Call for a free consultation today.

dealing with progressive insurance car accident injury claim

Filed under: Uncategorized

October 31, 2022

Progressive Insurance Injury Accident Claims and Liability

  The history of Progressive Insurance  Based in Matfield, Ohio Progressive Insurance was founded in 1937. Progressive is in the top ten insurance companies after Geico, State Farm, and Allstate. Progressive unlike some other insurance…

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progressive insurance auto injury accident claims

The history of Progressive Insurance 

Based in Matfield, Ohio Progressive Insurance was founded in 1937.

Progressive is in the top ten insurance companies after Geico, State Farm, and Allstate.

Progressive unlike some other insurance companies, offers other insurance, not just auto insurance, to its policyholders.

They  offer Government and employment insurance, product liability insurance, as well as insurance for all vehicles including motorcycles and boats.

Progressive also offers insurance to commercial vehicles including company trucks or vans used for delivery.

 

Progressive Insurance Auto Accident Settlement Statistics

Working with any insurance company after an accident can be challenging.

Progressive like other insurance companies want to limit their financial responsibility after an accident even though you have paid into your insurance by payment of your premiums.

Progressive is known for using aggressive tactics to achieve this result.

The average settlement offer from progessive insurance after an accident is $17,000.

At first glance this might seem to be an Ok sum of money, but in cases like auto accidents there are alot of factors to consider to determine what amount you should receive.

Your settlement should include money for all medical expenses based on your injuries, car repairs, loss of work and loss of future earnings, the impact both physical and emotional the accident had on your life. 

Accident victims who hire a personal injury attorney usually recover settlements three times of what they would have been offered or received if they had not hired an attorney.

Something to consider before dealing with any insurance adjuster including progressive insurance.

 

progressive insurance car accident claims

Progressive Auto Insurance Coverage

As we have mentioned progressive offers many different types of insurance, for auto insurance they offer the following:

  • Uninsured Motorist- This is coverage for the accident victim if the other party does not have insurance. This is required in most states. This will cover all your expenses when the other driver doesn’t have insurance.
  • Collision Coverage- This is optional insurance if your car is not financed. If you are financing your car this is required. This covers physical damage to your vehicle either from an accident or other incidents like a tree falling.
  • Comprehensive Coverage- This is coverage that pays for other damage to your vehicle caused by something other than an accident like theft, fire or vandalism.
  • Personal Injury- This covers medical expenses in an accident regardless who is at fault.

 

Even though you pay for this auto insurance coverage, the job of the insurance company is to minimize the amount they pay out.

If you were hit by an Uber driver and need an Uber accident lawyer here in Vegas then call our lawyers today.

Remember they are for profit companies at the end of the day.

 

get compensation for injuries from Progressive

Claims Process & Settling Claim

All insurance companies need information to investigate and offer a settlement, even if you take it or not the general information remains the same.

You will need to provide the following information to the insurance company after an accident.

  1. Date, time and location of the accident
  2. Contact information for all the other drivers involved including name, phone number, address, insurance and driver’s license information
  3. The police report, always notify the police of an accident no matter how small you think it might be
  4. Photos and video of the accident damages 
  5. Any witness statements and contact information of the witnesses
  6. Your version of events

 

Even though you need to provide this information, never give a recorded statement over the phone or otherwise without seeking legal advice first.

Any recorded statement will be used in the future to determine the settlement they think you should receive.

 

Call Richard Harris Law Firm

We are the best car accident lawyers in Nevada.

The Richard Harris Law Firm has over four decades of experience with litigation with major insurance companies like State Farm and the likes. 

We have been able to file and win over 100,000 auto injury cases in Nevada over the years.

We fight for our clients to get the largest settlement that you are entitled to after an accident. 

Contact The Richard Harris Law Firm today for a free consultation.

We accept all types of personal injury and auto accident cases throughout Nevada including Uber, Lyft, Amazon, UPS, Limos, etc.

Since we work on a contingency basis we receive nothing up front and only get paid if we resolve your case with either a negotiated settlement or a jury trial award.

Only pay us after we win your case.

 

Working With Progressive Insurance Adjuster

When you are involved in an accident you will be assigned an insurance adjuster, this is the case for every insurance company including Progressive.

The insurance adjuster’s job is to be your case manager for the insurance carrier.

They gather evidence and in some cases determine the settlement value.

They will always ask you to provide a recorded statement or give a written statement.

Most attorneys including Richard Harris advise that you never do this without proper legal representation.

A good attorney will also advise you never to take the first offer from the adjuster.

The adjuster is incentivised to settle cases quickly before the victim can realize what has happened to them.

The accident is actually just the beginning of a long journey.

You may not know the extent of your injuries right away or the actual damage to your vehicle or whether it can even be repaired.

You may not have a clue as to why the manufacturer sold a faulty tire to a truck company that caused the accident.

This information only comes with time and investigation by an experienced team.

All attorneys will advise that you never take the first and quick settlement offer.

 

Insurance Adjuster Settlement Tactics

  1. Lowballing offers- This is usually the first offer and will be an offer significantly lower than what your claim is actually worth or what financially will make you whole again
  2. Bait and Switch- The adjuster will offer you a certain amount of money, still less than what you should receive. Usually the offer will change again once you have agreed. Never sign anything without an attorney looking it over first
  3. Stonewalling- How frustrating it is when you try over and over again to contact someone about something and theory never get back to you or refuse to negotiate. The adjuster in this case will just refuse to be involved in good faith or to provide information. 

Insurance adjusters are just doing their jobs but most of the time the offers Progressive adjusters are trying to settle for are far less than what you may deserve.

 

Damages to Recover from Progressive after car Crash

There are three types of financial recovery available from Progressive insurance after an accident.

Economic Damages- These are money damages that have a specific monetary value based on actual loss like medical expenses, property damage, lost income. This is not subjective and will include actual incurred costs based on records.

Non Economic damages– Thes arefinancia ldamages that do not have a specific monetary value. The values are assessed based on the severity of the accident and the long term repercussions.

Punitive Damages– These damages are intended to punish the at fault party. These are usually assigned to parties with extreme negligence and meant to financially punish the person or business.

 

Each of these three categories include many subsections that can be included in each one.

Bottom line is that never accept the first offer from a Progressive insurance adjuster.

Always seek legal advice before you give any statement written or recorded.

These statements will be used to settle your case quickly and at a lower offer than you deserve. 

If you have been injured in an auto accident in Nevada and Progressive insurance is your provider call The Richard Harris Law Firm today to speak with an attorney.

trucks on the roads

Filed under: Uncategorized

October 14, 2022

Average Truck Accident Settlement

  What Is Average Truck Accident Settlement  You have already been involved in an accident involving a delivery truck or tractor trailer and you should be compensated for your loss due to the accident. But…

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What Is Average Truck Accident Settlement 

You have already been involved in an accident involving a delivery truck or tractor trailer and you should be compensated for your loss due to the accident.

But you’re not sure what to expect and how much you should recover.

What is the average settlement for truck accident injuries?

All accidents are different and therefore all accident settlements are different.

Settlements for truck accidents are based on injuries and can be anywhere from tens of thousands of dollars to somewhere in the $ millions of dollars.

All truck companies carry substantial insurance policies in case of accidents like this.

These policies offer a large compensation package that means that commercial truck accidents offer a higher compensation package than that of a car accident.

The average settlement from a truck accident really does have a wide range, so your best bet is to call truck accident lawyer Richard Harris.

 

hiring the best lawyer for a truck accident in vegas

Contact Truck Accident Lawyer Richard Harris

Truck accidents are more complex and usually involve more parties than the average car accident claim.

This requires a much deeper investigation process that can gain a much larger compensation package for the accident victim.

Contact The Richard Harris Law Firm today if you were involved in a truck accident in Nevada.

We can give you details about what your claim may be worth during a consultation appointment.

We have over 40 years of experience in personal injury and truck accidents in Nevada.

We offer offices in both Las Vegas and Reno for your convenience.

We work completely on a contingency basis, meaning we take no money up front and we only accept fees after we win your case.

Our main goal is to make our clients as whole again as possible after a serious accident.

 

 

Average Truck Accident Settlement Includes

Truck accidents on average cause more severe injuries than other types of accidents.

This means that victims of truck accidents can expect to recover more compensation than people involved in other types of auto accidents.

All settlement amounts vary depending on the actual injuries sustained in the accident and who was at fault etc.

We have built a traffic camera accident footage command center in Reno and Las Vegas to help.

Most truck accident settlements include compensation for all losses you suffered due to the accident.

Medical Bills

Medical expenses usually serve as the catlist to which your settlement is based upon.

The trucking company or the truck driver will not directly pay your medical bills if you were injured in an accident where a truck driver or company was responsible. 

Since injuries from truck accidents are more severe than other accidents your medical expenses may be more significant than if you were involved in another type of accident.

Make sure when the accident happens you seek medical attention immediately after the accident, even if you think you don’t need it.

Secondly, make sure you keep up with all medical expenses when they come in.

Keep good, organized records to show the full extent of your injuries (broken ribs, surgeries, facial injury, etc.) and therefore the costs of medical treatment.

This can include any and all medical expenses including emergency room treatment, surgeries, physical therapy, and prescriptions.

As you may know you may get several bills for one medical procedure for example you may get a bill from the medical provider and the facility for the same medical treatment. 

Medical Bills included :

  • Emergency medical treatment 
  • Hospitalization after an accident
  • Surgeries related to accident injuries
  • Long-term care 
  • In-home care 
  • Medical equipment like a walker or wheelchair
  • Therapy, including physical, occupational, and psychological

 

Also, since some injuries require long term care or permanent disability you should speak to your attorney about other related medical expenses.

If you have been paralized from a truck accident and will be wheelchair bound you may need to modify your home to make it accessible for your new needs.

This is still considered a medical expense since it involves a new disability because of the accident.

 

lost wages due to semi truck accident injuries
hire the best vegas law firm

Lost Wages

Injuries from a serious truck accident can mean long recovery time.

In some cases people can’t afford to miss even a few days of work, this can cause financial hardship even after a few days if someone doesn’t have financial support from family or friends.

In the case of serious injuries it can take a few weeks or even several months to recover from your injury and return to work.

So even if you can go on temporary disability or you will be receiving less than half of your income and that’s only if you can get it.

Your employer may try and work with you to get you back to some form of a normal work schedule as soon as possible.

However, your job might require real physical work and your employer might not be able to accommodate you or provide a job with the modifications that you need to work safely under the restrictions of your doctors.

Even if your employer tries to help you out it might not be possible to return to work for a period of time. 

Bills don’t stop coming because you’ve been injured in an accident.

Lost wages should be part of your claim if you have been injured in a truck accident.

Discuss with your attorney how lost wages should be included. 

This should include all lost wages including:

  • Straight lost wages, time missed work 
  • Lost accrued time including vacation, sick or comp time
  • Part time work due to physical limitations 
  • Future medical procedures that involve missing work
  • Weekly appointments like physical therapy during work hours

Lost income like medical expenses can add up fast over the period of time you miss work while you recover. 

 

Pain and Suffering

Pain and suffering from an accident is considered arbitrary and can be based on many factors.

Judges and jurors usually have no limit when it comes to pain and suffering awards.

Pain and suffering includes the physical pain from your injuries but can also include emotional turmoil that a victim can suffer after an accident, especially a severe truck accident.

This can include lost time with friends and family, loss of activities that you used to enjoy, anxiety and depression.

Some victims of bad truck accidents can also develop ongoing psychological issues including PTSD or post traumatic stress disorder, PTSD involves ongoing treatment and medication that can last a lifetime.

Your legal team can include your pain and suffering into your claim against a negligent party after a truck accident.

They will include all elements of pain and suffering based on your injuries and the limitations those injuries have caused you.

The amount you recover will be determined by your injuries and how those injuries have impacted your life.

 

Punitive Damages

Punitive damages are damages that are awarded above and beyond regular compensation and awarded to punish the defendant in a legal case.

For example if it is determined that the trucking company didn’t perform the regular maintenance on its trucks and the brakes on one the trucks failed causing the accident that you were injured in, you can be awarded punitive damages because of the company’s negligence.

 

Does it Matter who Caused the Accident 

There are a lot of factors that contribute to truck accidents.

Driver negligence is the number one factor but poor maintenance by the trucking company, incorrect loading procedures, equipment failure by the manufacturer all can contribute to the accident and can increase the likelihood of a truck accident.

These factors can also increase your settlement.

Usually your legal team will do an investigation to determine who is at fault and if multiple parties are at fault then they can file a claim against all parties that are at fault and this can increase the compensation you receive.

On the other hand if you contributed to the accident in any way, for example cutting off a truck driver, speeding, or stopping short in front of a delivery truck or reckless driving in any way.

This could reduce your compensation you can claim since you are partially responsible for the accident.

You can still file a claim against the truck driver or trucking company but your claim will be reduced by the percentage that your actions contributed to the accident.

For example, if an investigation and the court determines that you were 10% percent at fault in the accident then you will only be able to receive 90% of the settlement of the 100% of damages.

During a free consultation the legal advisors at The Richard Harris Law Firm can explain this in detail so call today for a free consultation.

 

 

who is at fault in a blind spot car crash

Filed under: Blog

October 10, 2022

Who Is At Fault in a Blind Spot Car Accident

  Blind Spot Car Accident Lawyer  Everyone has blind spots in their vehicles that is why we now have backup cameras and sensors in newer vehicles to help reduce the blind spot accidents. Blind spots…

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Blind Spot Car Accident Lawyer 

Everyone has blind spots in their vehicles that is why we now have backup cameras and sensors in newer vehicles to help reduce the blind spot accidents.

Blind spots cause a significant amount of accidents in the United States each year.

Many of these accidents include commercial vehicles like delivery trucks or tractor trailers long hauling through the U.S.

Many people are killed each year when truck drivers fail to check blind spots before changing lanes or turning. 

The offices of The Richard Harris Law Firm offer our personal injury legal services to victims of blind spot accidents that are for the most part preventable accidents.

We specialize in helping victims who have been injured in blind spot accidents in Nevada.

The Richard Harris Law Firm will investigate the accident and fight for your rights to recover damages due to the accident.

If you have been injured in an accident involving a truck driver and blind spots call us today for a free consultation.

All information obtained by our legal team is considered confidential via attorney client privilege. 

Drivers who fail to check blind spots can cause devastating accidents when changing lanes.

These accidents can be severe and cause trauma to innocent victims that can change someone’s life.

The responsible party should be held accountable for their part in the accident.

 

statistics on blind spot car crashes

National Blind Spot Accident Statistics

According to the NHTSA or the National Highway Traffic Safety Administration, more than 3000 people die each year in blind spot incidents involving passenger vehicles. 

Vehicle blind spots are so dangerous because they can cause accidents before you even know they have happened.

These accidents happen when the driver of a truck or a large vehicle doesn’t check their blind spots before driving off or changing lanes, and very dangerous when speeding is involved.

The driver then crashes into the other vehicle without seeing them. These accidents are often severe and can cause catastrophic injuries and in some cases death.

According to the Nevada Department of Transportation from 2009-2013, 371 people died and over 2,770 people were injured severely in collisions involving big trucks.

 

Causes of Blind Spot Accidents and Injuries

Like most accidents there are always common causes.

Most drivers are aware of the dangers of blind spots and large trucks but must deal with them on a regular basis.

Especially on interstates like the I-15 which is a major truck hauling highway that stretches over the entire United states.

The most common causes of blind spot accidents are:

Lane Changes– When a driver changes lanes, even legally but they don’t check the mirrors or don’t see the other car in their blind spot. The lane changer can crash into the other car causing an accident. Always check all your mirrors and your rear view mirror multiple times before you change lanes.

Merging- Merging into traffic is similar to lane changes and can be just as dangerous if the driver is not aware of the blind spots. This happens so much more when there is new construction or drivers are in areas they don’t know.

Rear Ending– Not being able to  see another vehicle in a blind spot can cause a vehicle to be hit from behind if the driver in front can’t see. Sometimes this leads to chain reaction accidents involving more than one or two vehicles.

Side Swiping- Sometimes when a car or truck changes lanes and doesn’t see the vehicle in the next lane the accident that occurs is a side swipe and can cause serious injuries and damage to both parties involved.

If you have been involved in any of these accidents you need to speak with an attorney right away.

They can investigate the accident and help file a claim on your behalf to get you the compensation you deserve.

 

injury from a blind spot car crash

Blind Spot Accident Related Injuries

Serious, life changing injuries can occur when involved in a major car accident that occured from a blind spot accident.

Some more common injuries also can be caused by blind spot accidents.

These accidents occur because someone can’t see when changing lanes, entering traffic, or even backing out of a parking spot the accident can cause a variety of injuries including:

 

There are also injuries that can not be seen or cared for with bandages.

People who suffer in severe accidents often develop anxiety, depression and stress after a major accident.

Some victims even develop Post -Traumatic Stress Disorder or (PTSD) after a serious accident.

Seek medical attention immediately after an accident to make sure you get the help you need.

Then call an attorney for a free case review.

 

Dealing With Blind Spots When Driving

Blind spots exist in all vehicles, they are areas around the vehicle that you can’t see using your mirrors.

Rear-end collisions and side-swipe collisions are the most common accidents that occur from blind spot lane changes.

Blind spots cause reduced visibility in multi-lane roads, intersections and in some cases roundabouts like in Summerlin can lead to blind spot crashes.

There are a few techniques that you can adapt when driving to avoid or limit blind spots.

Most drivers aren’t aware of these techniques or don’t have a need to learn them.

Here are a few things you can do you avoid a blind spot accident:

  1. Move to another lane where you can see the other cars from your mirrors
  2. Slow down and signal for a minute before changing lanes 
  3. Wait until the cars either behind you or next to you move out of the blind spot and passes you before changing or moving lanes

 

Identify Your Car’s Blind Spot

All cars and trucks have blind spots like we have said before.

But identifying the blind spots in your vehicle are important.

You need to do this when you first get in any new vehicle.

Place your mirror so it’s adjusted to you.

Once the mirrors are in place, drive around your neighborhood and using your mirrors identify the spots you can’t see on either side of your car and the road.

These are the blind spots you should take note of and make an effort to double check before changing lanes or merging into traffic.

Knowing your blind spots and taking precautions to avoid these blind spots can help keep you and others on the road safe on the road. 

 

blind spots on semi trucks

Large Truck Blind Spots

We have driven on an interstate with large trucks and we know how scary that can be.

Large delivery trucks or tractor-trailers have more and larger blindspot zones based on size alone.

Sometimes driving next to a big rig you almost feel like you could fit under the truck.

We know you can see them but can they see you is the real question.

When driving on the interstate with large trucks you should be aware of the areas known as no-zones.

No-Zones are the areas around trucks where the driver cannot see you in their mirrors.

I use the guide.

If I can’t see the  driver then he can’t see me.

Even though trucks are up high and have more mirrors than the average vehicle their blind spots are much more severe.

Also they are much heavier than the average vehicle and this makes it harder for them to stop at short notice if an accident does occur.

Commercial truck drivers are required by law to use their turn signals when changing lanes no matter what.

But always give them plenty of room to navigate the lane change. 

 

Pursuing Compensation for a Blind Spot Accident

A truck driver’s failure to check the blind spots before changing lanes is a common reason for a truck, vehicle collision.

But what if the mirrors or computers in the tractor-trailer are broken than who is responsible?

Well in this case it may be the trucking company who didn’t maintain their trucks and not the driver.

In some cases the truck driver might not be at fault at all and the other driver may be the reason for the crash because of negligence.

If you’ve been injured in an accident involving a tractor trailer truck or delivery truck then you need to speak with a lawyer immediately to pursue filing a claim for compensation.

An experienced personal injury lawyer can investigate to determine if the truck driver or trucking company and their insurance company were negligent and therefore caused the accident.

Having experienced legal representation can help with:

  1. Gathering evidence through investigation from the crash scene
  2. A legal team will interview everyone involved including all witnesses
  3. Reviewing detailed police reports
  4. Lost wages
  5. Car repair bills
  6. Filing a claim within statute of limitations

 

Also, if the driver of the truck was violating any traffic laws at the time of the accident.

This can be used as evidence to support your accident claim.

 

Richard Harris Truck Accident Lawyer

In Nevada a blind spot accident that leads to significant injuries can be the subject of a personal injury claim against the negligent parties that caused your injuries.

Most insurance companies or negligent parties will try to settle out of court for a sum of money and a document signed admitting no guilt and no future action against the company.

The Richard Harris Law Firm has over 40 years of experience with trucking blind spot accidents.

We will build a case against the at fault parties and get you the compensation you deserve on a contingency basis.

If you have been injured in a blind spot accident in Nevada contact The Richard Harris Law Firm today for a free consultation.

We can review your case and let you know what to expect going forward.

need lawyer for car accident and ptsd

Filed under: Blog

October 5, 2022

Should I Get a Lawyer For a Car Accident That Wasn’t My Fault

  Finding a Lawyer For Car Crash That Wasn't My Fault  Being in a car accident is stressful enough whether or not it was your fault or the other driver's fault. If you are in…

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Finding a Lawyer For Car Crash That Wasn’t My Fault 

Being in a car accident is stressful enough whether or not it was your fault or the other driver’s fault.

If you are in an accident and it turns out it wasn’t your fault you may think that it’s enough to make things go smoothly for you when dealing with insurance companies and trying to get things paid for.

You may be very wrong.

Hiring an attorney that specializes in car accidents is a smart way to take action to get you the compensation that you need to help with car repairs and medical expenses.

Hiring a personal injury attorney can also limit your liability, just because you were determined not to be at fault doesn’t mean you won’t be held liable for some part of the accident by the other driver’s attorney or insurance company.

If you have been injured in a car crash in Nevada you should call The Richard Harris Law Firm today.

Once you are our client we will defend and protect your rights and get you the compensation you deserve after your accident.

 

hiring the best lawyer

Situations When You Need an Attorney

We always recommend hiring an attorney after a car accident instead of trying to handle a claim all by yourself.

But there are many situations where attorney’s are necessary to solve the case and have the best outcome for our clients.

Here are a few scenarios where hiring an attorney is very important:

 

The accident caused significant loss

If the accident caused significant loss to property or severe injury or death to any motorists involved then hiring an attorney is a good idea no matter what.

Even if the accident wasn’t your fault, in this situation it’s a good idea to hire an attorney to protect your rights.

If you are at fault and insurance companies get involved you may be liable for a large sum of money and you’ll need a lawyer to protect your rights.

Usually the insurance company for the at fault driver will try and deny large claims even when at fault is not in dispute.

Either the insurance company will deny or try to settle the claim for significantly less than the claim is worth and place the financial responsibility on the driver.

This is even if the claim is valid.

Even if the insurance companies are willing to pay out on a valid claim it is a good idea to hire an attorney.

You’ll need to seek the advice of a good lawyer since in most cases you’ll be required to sign a document that you will not file any future claims against the insurance company or other driver. 

In most cases, large accident claims require much more evidence and information that needs to be processed.

A personal injury lawyer will handle all evidence and paperwork requests for you.

Believe it or not, processing paperwork properly can mean the difference between having claims processed quickly and not.

 

Dispute Over Who Is at Fault

Once the accident has happened you may assume that fault is easily determined but that is not always the case.

Even a police report can be wrong or not 100% accurate.

The other driver may dispute your version of the accident, you may not have any additional witnesses to back up your story.

In this case besides the police, the insurance companies will do an extensive investigation since in bad car crashes there is usually a lot of money at stake. 

Since insurance companies for the driver never want to admit fault of their client it may be necessary to hire an experienced attorney.

 

insurance company is calling you

The Insurance Company is Bothering You 

Remember insurance companies are businesses and even though you can pay into your insurance for years it doesn’t mean they will just pay out after an accident.

Insurance adjusters will do everything to minimize the claim or even deny it altogether.

They will also try and downplay the accident or give you a low ball offer first to see if you’ll accept it.

A good personal injury attorney knows all the tricks of the insurance companies and adjusters and how to deal with them.

And remember the statute of limitations in Nevada.

 

Nevada Laws are Complicating the Situation

Liability in a car accident is determined by negligence.

As simple as this sounds it is not.

Not all negligence is placed with one specific party.

When car accident claims go to court the judge or jury will decide liability based on a state’s particular fault rules.

The court uses two forms of negligence to determine fault, contributory and comparative.

Contributory negligence states that you can only recover damages if the other party is 100% at fault.

If the court finds you at least 1% at fault in the accident you recover nothing.

Comparative negligence on the other hand has two different scenarios:

  1. Pure comparative negligence – you can recover damages even if your percentage of at fault exceeds the other party
  2. Modified comparative negligence – states that negligence is based on the percentage per party. So if the other driver is considered at fault but you are responsible for 10% of the accident your claim will be reduced by that 10%. 

In Nevada the court uses the modified comparative negligence rule to all accident claims.

You’ll need to hire an experienced personal injury attorney to get the best results possible.

 

Why Get a lawyer If the Accident Wasn’t my Fault

If accidents were simple to solve then no one would need an attorney.

However this is not the case because when accidents happen insurance companies (who are responsible for responding to the claims filed by their clients or the clients of the injured party) will do everything not to pay those claims.

They are in the end a for profit business and if they paid out every claim at first glance there would be no business.

If they can’t deny the claim altogether insurance companies use tactics to minimize the claim as much as possible.

These are the reasons why you need to hire an attorney as soon as an accident happens.

Even if you’re not at fault for the accident you should hire an attorney.

There are many benefits for hiring an experienced attorney:

  1. Your lawyer will help you get the best medical care possible. Since experienced attorneys have dealt with many doctors and hospitals they have access to the best care. They will handle all the medical expense records and filing for you.
  2. Your attorney can help you file your initial car accident claim.
  3. If the insurance companies at first deny your claim they will gather evidence to refute the denial.
  4. If the insurance company of the other party is accusing you of being at fault your attorney will step in and deal with the insurance adjuster. The attorney will work with the adjuster to determine who is actually at fault and what percentage.
  5. Your personal injury attorney will negotiate with the insurance company to get you the compensation you deserve even if the insurance company tries to summit a lowball offer to you. Negotiations may make the process longer but you will get the settlement you deserve. Think of lost wages, car repairs.
  6. You may think you know what your case is worth based on information you collected or bills you have, but a good lawyer will know exactly what you are entitled to and what compensation you should receive.

 

how much does it cost to hire a good injury lawyer
hire the best vegas law firm

How Much Does it Cost to Hire a Good Accident Attorney

Legit attorneys who specialize in car accidents (including The Richard Harris Law Firm) work on a contingency basis.

A contingency basis means that we take no money up front and only get paid when we win your case and you are compensated for your injuries.

Calling us for a free consultation will give you the information you need to move forward.

We will discuss all aspects of your case and what you should expect going forward. 

Usually the  charges for legal services are based on a percentage of the full compensation amount.

But all of this will be discussed at your free consultation.

We have over forty years of experience with car accidents in Las Vegas and all of Nevada.

We have recovered over a $ billion dollars in claims for clients.

Our first priority is getting our clients the settlement they deserve. 

Call The Richard Harris Law Firm today to schedule a meeting with us. 

Comparative Negligence rule in nevada

Filed under: Blog

October 3, 2022

Injured In a Car Accident When Backing Up

  Backing Up Car Accident Everyone knows that every vehicle has blind spots that make it difficult for the driver to see out of certain areas of the car when going in reverse. When backing…

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Backing Up Car Accident

Everyone knows that every vehicle has blind spots that make it difficult for the driver to see out of certain areas of the car when going in reverse.

When backing up and using the rear view mirror and back window a motorist might not see pedestrians, bicyclists and other cars behind them because they are in the blind spots.

Accidents involving a backing up vehicle happen all the time causing property damage, physical injuries and even some fatalities.

These backing up accidents usually occur at low speeds while backing out of a parking space or driveway.

 

Nevada Backing Out car Accident Injury Attorney

The Nevada car accident attorneys at The Richard Harris Law Firm protect the rights of accident victims that have been involved in a backing up car accident.

The Richard Harris Law Firm represents all types of car accident victims including car and truck accidents, drunk driving incidents, uninsured motorists accidents, pedestrian and bicyclists accidents.

The Richard Harris Law Firm has offices in Las Vegas and Reno for your convenience and we represent clients from all over Nevada including Sparks, Pahrump, Summerlin, Mt Charlston, Carson City and Tonopah.

 

what is a backing up car accident

What is a Backing Up Car Accident

A driver backing out of a parking spot or driveway that hits a pedestrian, bicyclist or another motorist can be guilty of a backing up accident.

Police usually see the driver of the backing out vehicle as the one who is at fault. but this is not always the case.

 

How to Avoid a Backing up Accident

Avoiding a backing up accident is entirely possible if you use all the safety equipment and procedures that are available.

First walk around your vehicle before getting in.

This gives you an opportunity to see if there is anything behind your vehicle that you would not otherwise see if you just got in without looking.

One in the vehicle sets all mirrors to your personal best view options.

Turn on and use all backup cameras if installed in your vehicle, most vehicles that are newer have them.

Once all this is done don’t delay backing up.

Back up slowly and turn to face the back of the vehicle so you can see as much as possible. 

Call our car accident lawyers today if you have questions.

 

 

Is the Driver Backing up Always at Fault

In most circumstances the driver backing up is the one who will be cited by the police as the driver at fault when an accident occurs.

When you backup and hit a pedestrian, bicyclists, or another vehicle you may be at fault. 

There are a few specific situations where this might not be the case.

A good legal team can investigate the circumstances of the accident to determine if one scenario exists where the driver wasn’t at fault.

 

Who is at Fault When 2 cars Reverse Into Each Other

This happens when two vehicles leave a parking spot at the same time and collide into each other both while in reverse.

In most cases both parties will be held at fault.

Most likely the insurance of each driver will cover each policy holder’s damages since both parties are considered at fault in this case.

Sometimes though one party is held more responsible than the other and this is where good legal advice can come in handy.

 

What If Someone Backs Into You ?

Make sure you are somewhere safe and report the accident immediately to the police.

Ask for medical assistance even if you think you don’t need it.

Seeking medical attention right after the accident is very important and can determine injuries that you may not be aware of at the time.

Speak with police officers at the scene since they will be filing a police report.

Gather evidence like police reports, eyewitness statements, take photos and video of the scene and all the damages.

Contact your insurance company to report the accident but don’t make any recorded statements until you speak with an attorney who can file a claim for you or your loved one’s.

 

how insurance companies look at backing up car accidents

How Insurance Adjusters Determine Fault

Insurance companies will send an insurance adjuster to basically investigate the accident.

Even speeding can be a cause when a vehicle is in reverse and hits another car or truck.

The adjuster will review all the information related to the accident including the police report, other parties involved in the accident, witnesses, medical records, and video or photos.

Just like the police the insurance adjusters will use all the tools to decide who is at fault in the accident.

The claims adjuster will notify the insurance company as to who they think is at fault.

Remember insurance companies are a business and they will try to pay as little as possible or even deny the claim.

After you notify the insurance company you should speak with a personal injury attorney who may conduct their own investigation to determine who is at fault. 

Nevada’s car accident attorneys can provide a free evaluation of your case.

We will ensure that you are compensated for your injuries and pain and suffering from the accident.

 

Statistics on Backing Up Accidents

The National Highway Traffic Safety Administration ( NHTSA) estimates that there are an average of 18,000 back over accidents each year causing injury.

With another 30,000 accidents by backing up each year.

Even though this is considered a very small percentage of all car accidents in the U.S each year they cause thousands of injuries each year.

There are over 400 fatalities involving backing up accidents every year.

Unfortunately, these accidents injure or kill mostly young children or the elderly.

According to the Insurance Institute for Highway Safety (IIHS) 2017 included:

  • 97 of the 184 back over accident fatalities were children under the age of 5
  • 71 of the fatalities of the back over deaths were elderly over the age of 70 
  • It is estimated that 5,000 of the reported 18,000 injuries were persons under 5 or over 70 

 

Since some backup crashes occur on private property and they may not be reported to the police or documented by insurance companies therefore making the statistics not correct.

In some cases the statistics may be even higher.

Since parking lots can be private property this is where most back up accidents don’t get reported.

 

backing up car crash injury

Preventing a Backing Up Car Accident

The National Highway Traffic Safety Administration (NHTSA) estimates that thirty-nine percent of all back over accident fatalities take place in residential neighborhoods.

These accidents are considered preventable.

All drivers have a responsibility to reduce or prevent all accidents including back up or back over accidents.

Some ways to reduce back up accidents:

  1. Driver’s paying attention- Walk around your vehicle before you get in. Check all mirrors and look over your shoulder before and while backing up.
  2. Having or installing back up safety devices– Most new vehicles are equipped with backup cameras or sensors that will make alerts to the driver if anything is behind them and to close.
  3. Play areas– We see it all the time, kids playing in the driveway. By moving the plat area to an area not close to the driveway you can reduce the risk of a child being hurt due to a back up accident.
  4. Pedestrian precaution– Pedestrians and bicyclists must be aware of their surroundings. You must pay attention when approaching a driveway or parking lot area. Stop at all intersections whether or not there is a traffic stop. When exercising outdoors where there are parking areas you should wear bright clothing and keep music from your earbuds to a minimum. You as a pedestrian can prevent your own accident by being vigilant.

 

Vehicle Back over Injury Liability

In most but not all  cases of back up or back over accidents the driver who is reversing is usually liable for the accident, and more so if it involves a pedestrian.

The driver’s insurance should pay for the accident and damages caused by the incident.

Damages can include medical expenses, lost pay for missed work due to injuries, pain and suffering, property damages and all other expenses caused by the back up accident.

In some cases the driver may cause a reverse accident and then leave the scene of the accident causing a hit and run scenario.

Victims of hit and run are not out of options to recover damages and should speak with an attorney immediately. 

If a driver is left in a back up accident hit and run for example, you walk out of the grocery store to find your car hit and damaged.

But the other driver fled the scene your uninsured motorists coverage should cover expenses for repairs from a back up hit and run accident.

 

Call Richard Harris Law Firm 

No matter what type of accident, including back up or back over accidents, never assume the driver or the insurance company will pay for the damages or injuries.

Hiring The Richard Harris Law Firm in Nevada, we will commit to protecting our clients legal rights and get you the settlement you deserve due to your injuries.

Call us to schedule a free consultation or case review.

We can advise you on getting compensation for your medical expenses, property damages, lost wages, pain and suffering, and wrongful death.

Our consultations and all other communications with our firm are confidential via attorney client privilege.

In Nevada there is a two year statute of limitations on all personal injury claims.

Speak with a representative from our firm today.