Liability in Multiple Vehicle Accidents Getting in an accident can be a traumatic experience in itself. It is usually not too difficult to determine the party responsible for the accident when there are 1…
This can happen for a long list of reasons including;
Driving Distracted – A driver not paying attention can often lead to a crash from behind and a multiple car pile-up. On the busy streets of Las Vegas with billboards and sightseeing tourists it is easy to see how an event like this can occur.
Our phones have become the most major distraction for everyone. Looking down and checking a text or map can be the reason a multiple vehicle accident takes place.
Weather – When there is rain the chance for an accident increases. The roads get wet which makes for a dangerous street. Lack of visibility in rain storms can create havoc. If there is fog on the freeway a semi-truck can be deadly if driving recklessly. Not being able to judge the distance of the vehicles in front of you can be disastrous if you need to quickly apply the brakes.
Skidding across the wet road out of control is a problem. A large truck can jackknife into other lanes of traffic causing the other vehicles to crash into them. Swerving to miss a vehicle and then hitting another can also happen in these accidents. Sometimes there is nowhere else to go but to crash into another vehicle.
DUI – Driving intoxicated is a major problem in Las Vegas. Many multiple vehicle accidents take place due to this reason. Some recent National Highway Traffic Safety Administration (NHTSA) statistics show that everyday approximately 32 people will die in the US in DUI related accidents.
Alcohol has a negative affect on a persons nervous system which puts everyone in danger if sharing the road with a drunk driver.
Loss of concentration, bad judgement, lack of self-control, and impaired perception all translate into a much higher risk for an accident.
Las Vegas is a 24-hour town and drinking and driving are always a danger on our streets.
Multiple vehicle accidents can happen in an instant.
Some Dangerous Intersections in Vegas Valley
Some of the most dangerous and busiest streets where multiple vehicle crashes can occur in Nevada are in the Las Vegas Valley.
Determining who is at fault in an accident with multiple vehicles can be complex.
Who is at fault will be the one that will be held liable for the damages left behind.
Establishing the driver responsible will take the consideration of all the facts and analysis of the accident and circumstances.
If a driver was intoxicated or found to be distracted or driving recklessly and breaking the laws of the road, they can be held responsible.
In multiple car crashes there can be more than one driver at fault.
Modified Comparative Negligence – This is a term for a law that can hold each driver responsible for the costs in amount to their percentage of their fault in the accident. Nevada is a modified comparative negligence state with a threshold of 51%. You can collect from another party if you were responsible for the accident up to 50%. If you were responsible 51% then you can’t seek compensation.
The airbag also has gasses that are often released that can give a person respiratory issues.
Airbag recalls in vehicles are something that is quite common.
Issues with an airbag may not be discovered until the accident occurs.
Chest injuries can happen when the airbag hits those in the vehicle in the chest.
The fabric that is on the airbag can cause burns to the chest,face, and other areas that it hits if the skin slides across it.
Where Chest Pain Can Occur After a Car Accident
Injuries from an accident can include many different parts of the chest area.
This is why it’s always a good idea to seek medical attention if you were involved in a car crash.
Some of these include;
Fractured Ribs – Broken or cracked ribs can seriously hurt and take a while to heal. Just breathing can be excruciating. This is one of the most sensitive and painful parts of the body. Sharp debilitating pain can come from a fractured rib. Cracked ribs can lead to other problems if not treated with proper medical attention.
Bruised Ribs – Rib injuries are common in car accidents. If you are lucky enough not to break them you may have bruised ribs. Seat belts and steering wheels can put some serious pressure on the rib area and leave them wounded. This is going to hurt and be tender. Diagnostic tests can be a big help in determining the extent of the injuries.
Sternum – This is also referred to as the breastbone. This is a long flat bone that is in the center of the chest and connected to the ribs with cartilage. This bone and the rib cage protect the heart, lungs, and blood vessels. An injured sternum can be incredibly painful and incapacitating.
Lungs – The lung can be punctured or bruised in a car crash. It can happen if the rib or sternum is fractured and a piece of bone from it hits the lung in the impact. Ouch!
Soft Tissue – All the muscles, tissues and tendons that surround the chest are all at risk of injury when hit in a car wreck. The chest can be strained when an accident happens because it is working to protect the body. Significant pain can come from muscle strains and any movement in the area can be uncomfortable. Inflammation can occur from the strain and will hurt until the area is properly healed. This can take some time.
Heart – Internal organs like the heart, liver and spleen can all be impacted in a serious accident. Pressure from impact on the heart can be deadly. An overwhelming experience like a car accident can be stressful on the heart. It can be so stressful that the person gets a heart attack. A heart attack has some symptoms like; shortness of breath, indigestion, nausea, and chest pain. Immediate emergency attention is important.
When the chest is injured, it can have major effects on the person.
The person can become confused and begin to panic when they are having trouble breathing.
If you were the victim of someone else’s irresponsible actions than you will be able to recover compensation for bills, expenses, etc.
A car accident attorney can help you to better prepare a legal claim in most cases.
Here are some things that will help you when filing a claim.
Save all the receipts and bills that are related to the car accident. Any expenses that were a result of the crash will need documentation for a successful lawsuit.
Let the insurance company know about the accident. Make sure to give specifics when it comes to medical reports. Do not hold back when it comes to letting them know about the pain and injuries you are dealing with.
If you were aware of the details of the accident, then it is important to record and write them down. Keep a record of what you were doing, who was with you and where you were going.
Do not sign anything that with the insurance company. In distress they may get you to sign something that could relieve them of liability. This could come back later to haunt you.
Contact Richard Harris. A personal injury car accident attorney can help you figure out the right insurance settlement. If any legal complications arise than our law office will sort them out with you. Insurance companies can be hard to deal with and will try and give low ball offers. Our attorneys have years of experience dealing with the insurance companies. Fighting for your rights and getting you the maximum compensation is our goal.
An accident can have just one person fully responsible.
It can also have those involved partially responsible.
Motorcycle Rider – Rider error can cause an accident. Anytime you get on a bike there is always more risk of injury than a regular vehicle. When a motorcyclist drives reckless accidents can be devastating.
Driver of Vehicle – A driver in another vehicle crashing into a motorcyclist is another way an accident happens. The reasons are endless. Driving distracted has become the number one cause of crashes in Vegas.
Manufacturer Error – A defective part can really do some serious damage to a motorcyclist. Faulty brakes, steering, tires etc. can be deadly. A manufacturer defect or error can be to blame.
Pedestrian – If a pedestrian is jaywalking or not paying attention when crossing the street, it can create an unsafe road and a motorcycle crash can happen.
Government – If the roads are not properly marked and road maintenance has created a dangerous road an accident can occur. With all the road construction in Las Vegas the roads are much more dangerous. The government entity in charge of this must provide a reasonably safe road. This could have to do with lighting, detours, potholes, rocks, and debris.
Our Attorneys Can Answer Any Questions
We have been in Las Vegas since 1980 and are experts in personal injury motorcycle accidents.
The injuries sustained in an accident are usually much worse for the motorcyclist.
A personal injury attorney can be a great asset in setting the record straight and negotiating with these companies that will try and minimize a payout.
Causes for Las Vegas Motorcycle Accidents
Roads – Las Vegas seems to have constant road construction and repairs going on throughout the city. Roads are ripped up with pieces of cement, gravel, rocks, and all sorts of debris on them. Uneven pavement and other road issues can make for serious danger. If you are from out of town, you may not notice these issues until it is too late. Riders must always be on high alert for these road dangers and travel with caution. The higher the speeds the more dangerous it can be if you hit something. Hitting a boulder in the road can take a rider down.
Distracted Driving – Cranking the radio or looking at the phone can cause a motorcycle accident. A car driving reckless and changing lanes without seeing the motorcyclist is dangerous. A bike is much harder to see than another car. Most vehicles have some kind of blind spot and an accident can happen in an instant. Motorcyclists must always be on the lookout for a distracted driver.
Left Turn – Taking a left turn doesn’t seem that dangerous but is one of the leading ways that a motorcycle accident happens. Often a driver will take that left not seeing that a motorcyclist is going through the intersection. Car drivers are usually the fault for these accidents. Motorcyclists may find themselves partially at fault sometimes by speeding. A speeding motorcycle is hard to spot and can seem to come out of nowhere. By the time you see it…BAM!
DUI – Driving Under the Influence accounts for accidents of all types including motorcycles. Las Vegas has some of the deadliest accidents because of people driving either drunk or high. With the 24-hour drinking and cannabis shops on every corner it is no wonder that accidents are all a round us no matter what time of the day.
There are some reasons why a motorcycle rider may find themselves in an accident and held liable.
Lane splitting, speeding and just lack of experience are all common reasons for this.
Motorcycles have very quick acceleration that can cause a dangerous situation quickly.
There are some tips that a rider should know that can make for a safer road.
Learn How to Ride – It is important for new riders on the road to get some necessary hands-on training before taking it to the streets. Motorcycle accidents happen a lot of the times because the rider is inexperienced. There are basic operating procedures that need to be learned in order to have a safe ride. Training in shifting, throttle control, turning, stopping and safety strategies can all be very helpful.
Get The Right Helmet – Getting a motorcycle helmet that can really protect your head is extremely important. Just getting any helmet is not good enough. Every person has a different size and shape head and the helmet should fit properly. It should also be DOT approved and meet the Federal Motor Vehicle Safety Standard.
Obey the Laws – As a motorcyclist it is important obey the laws in order to cut down on the chance of an accident with another vehicle. By going the speed limit, signaling turns, and not be unnecessarily risky will go a long way in motorcycle safety. In the majority of collisions involving a motorcycle and another vehicle, the rider is not at fault.
While you can’t always account for what other drivers will do, you can reduce your risk of having an accident by obeying traffic laws, sticking to the speed limit, and not taking any unnecessary risks.
It is important to always pay close attention to everything around you.
One mistake on a bike can be tragic.
As a rider there are always those opportunities to split lanes and maneuver through traffic quickly.
First of all, lane splitting is illegal and it not worth the risk to save yourself a few extra minutes.
It is important to give plenty of room to those around you and stay out of danger.
Contact the Richard Harris Law Firm
We are well experienced, highly trained motorcycle accident attorneys.
We are committed to helping you receive the maximum payout for any damages you may have suffered.
Emotional Distress Can Affect Your Settlement As you probably know, when there is an accidental injury due to the negligence of another party the victim is entitled to a settlement. If you’ve been injured…
That depends on many factors including how old you were when you were injured, how bad the injury was (did it cause permanent or temporary injuries), how much medical expense you will have and much more.
Aside from the more tangible aspects of an injury, you will also have emotional distress.
Depending on the injury and type of it, including the cause, may depend on how much mental anguish you have.
Being in an injury can be a very traumatic for most people.
By nature of an accident, they are unexpected and therefore are a traumatizing event both while it is happening and also in dealing with the after effects.
Although there is not a said rule as to how much “emotional distress” is worth, there are some formulas that some insurance companies will use.
In many cases, they will calculate the amount of medical expenses and will multiply that by one or two times to cover “pain and suffering”.
Sometimes though, more money than what is calculated from that simple formula is needed to truly repay the victim.
Although those higher payouts are usually reserved for injuries of the most severe situation, a good law firm will work to get you a significant amount.
Emotional disorder compensation usually falls under “pain and suffering” so as a claimant you should not expect to see two line items.
A good personal injury attorney will negotiate an amount of the physical pain their client suffered and will also negotiate for the mental anguish suffered.
If there was no physical harm on an injury it is difficult to negotiate for emotional distress.
A defending lawyer working on behalf of an insurance company will argue that without an actual physical injury the claimant could not have suffered emotional issues.
Everyone knows that may not always be the case as an accident (even without an injured body part) is still traumatic which can cause both present and future mental stress.
Evidence to Show Emotional Distress
As a reminder, the insurance company you are making the claim with is not working for you.
As a matter of fact they are trying to limit their exposure to the claim as much as possible.
An insurance adjuster will be as tight as possible when it comes to making a claim payout recommendation.
They account for every dollar they earmark towards payment as that is part of their job.
Because emotional distress is nothing that can be seen or touched (like an actual physical injury) you will need to make your case.
Again, this is where a personal injury firm such as the Richard Harris Law firm can assist you.
Our legal experts know what it takes to prove your case for the emotional distress you have been suffering from.
Because you have been the one suffering, you are aware of how true your emotional harm actually is.
But how do you prove that to an insurance adjuster and what should you provide to them?
The more documentation you can provide the better.
Aside from providing the insurance company with various forms of documentation, you also want to give them different types of emotional distress that you have been suffering from.
Documentation may include the following:
Mental Health Records
If you have been treated for mental health then those records should be submitted to the insurance or your personal injury lawyer. Proper documentation would include invoices, bills, daily notes and other reports that cite your diagnosis and progress. It is best if your treatments are with a licensed professional serving in mental health. This would include psychologists, psychiatrists and licensed counselors.
Although your medical records most likely pertain to physical injuries they can help you make your case for emotional distress. For instance, if you see your doctor for an injury where they propose a limitation to you physically (for example: no standing for more than 10 minutes at a time) then that could cause you mental distress. Sticking with the same example, if you cook and feed your children but are unable to because of your doctor’s directive of standing then that could be emotional distress.
It is recommended that you keep a daily journal of all of your issues and setbacks. It is not as effective to do this if you only document certain days so it is important that you be consistent and write each day or week. Only writing something every few weeks may not help set a pattern of your emotional distress. Items to document might be any nightmares that you have had, documenting your pain levels, sleep issues and other details about how your daily life routine has been negatively impacted by your accident.
Statements for Witnesses of your Distress
Getting as many statements from coworkers, friends, family members and other people is very significant. It is important that they write the statements in their own words using their own observations of you since your accident and how your actions and demeanor has differed since it occurred. By relating the change in your behavior from before and after the incident, you can make the case that the injury was the catalyst in your change.
Emotional Distress Settlement
As we have previously mentioned, hiring a law firm to assist you with your emotional disorder settlement is very important.
The Richard Harris Law Firm has been around for decades serving in all types of personal injury cases.
We focus on personal injury and can help you obtain the most dollars possible for your injuries and pain & suffering.
You will need professional legal help to get the full value out of your claim and to battle against the insurance companies.
Insurance companies have their own lawyers on retainer so if you go about this alone you will be head to head with their law team.
They will most likely also try to make the case that the injury was not as significant as you are stating it was.
Another common strategy that is often used against victims of injuries are accusing them of being partially to blame.
If they can make a viable case that the victim had something to do with the injury then they can possibly get out of paying the claim entirely or at the very least getting the settlement amount reduced significantly.
You never want to settle for less and want to get everything you deserve.
Road rash is – when the skin is stripped of skin and has abrasions that happen when the skin rubs across the pavement with no protection usually at high speeds like after falling off a motorcycle during a crash.
This can also be caused by falling onto the payment with a lot of force.
Motorcycle crashes usually involve a rider sliding across the pavement after being thrown onto the road from the motorcycle in an accident.
Skidding across the pavement can lead to significant road rash for motorcyclists.
Since Las Vegas is a tourist town, this can pose an elevated risk for potential road rash accidents.
Las Vegas attracts drivers and bikers from all over with various backgrounds and experience levels.
The risk of intoxication is much greater and other variations make interactions between tourists and locals unpredictable.
The city is also full of distractions like bright lights, street performers, new construction, and many, many pedestrians can make for a very distracted motorcyclist, and that can be a recipe for disaster.
When driving in Las Vegas all drivers should pay extra attention to their drivers especially near the strip and the airport.
Getting injured can be hard on a person. If the injury is serious a person may have trouble getting around as they once did.
Injuries can traumatically affect the day-to-day routine and in some cases, they may need long term care.
Some of the injuries that we tend to see from a slip and fall accident at a 7-11 include;
Broken Bones – Wrists, arms, ankles, and hips are some of the common bone breaks. These can take a long time to heal and a person may lose their ability to go to work. Putting a cast will limit the persons mobility and make it difficult. Some breaks will need surgery which will need even more time to heal up. Medical bills can be overwhelming and lost wages can create financial stress.
Traumatic Brain Injury – Falling on a hard floor can cause serious injury to the brain. Not only can the skull get fractured but the brain can be affected. TBI can happen from a fall in 7-11 from a wet floor, uneven floor, loose flooring, product off the shelf that is on the floor, grease and food on tiled floor etc. Some of the symptoms of TBI include, dizziness, headaches, loss of appetite, depression and loss of memory.
Spinal Injury – Falling directly on the back can hurt the vertebrae. The spine can also be injured by twisting the spinal cord while falling down. When the spine is injured, it can take time to heal and be very painful. In worst case scenarios the person can become paralyzed and need long term care.
It is important to seek medical attention if you have been injured in a 7-11 accident.
You need to have a good attorney that can calculate these future, unexpected items.
Bringing in medical professionals can also help with this matter but the attorney you hire will manage all of that.
Pain and Suffering
Pain and suffering is not quantifiable but still needs to be a part of your settlement claim.
An injured person needs to remember that they did not cause the injury, someone else’s negligence did.
If it was not for the other party’s action, there would not have been an injury.
So due to this, you are entitled to be compensated for your pain and suffering.
Age of when the injury occurred is also a factor.
Looking at life expectancy and actuaries is a big deal for permanent injuries.
If an older person suffers a long term injury their settlement will be less than if the same type of injury happens to someone younger.
It is not any kind of bias but is really just math.
A younger person will suffer more income loss, more pain, more medical expenses, etc… then compared to an older person simply because they have more time left on earth.
Disfigurement cannot only be a visible blemish but can impact the psychological aspect of the victim as well.
Long term injuries can be depressing for some knowing that certain goals may never be fulfilled due to the accident.
Depending on the situation, the potential of lost wages may also cause stress and agony.
The stress can be for the future or may be due to the financial stress of the present time.
Visible scars and disfigurement can also be very hard to handle psychologically for some people.
How severe the disability is also needs to be assessed.
Activity of Daily Living
One way to help determine this is if the ADL’s are impacted. An ADL is the ‘activity of daily living’ and consists of numerous things that people do during the normal course of life.
They can include using the bathroom without assistance, dressing oneself, being able to feed yourself without assistance and other things.
If an activity of daily living cannot be done due to the injury then your settlement will increase in value. If your family has dealth with loss of consortium then feel free to call us also.
Injuries are Expensive
Injuries can cost money by way of losing future income.
If an injury causes a job or career change that would pay less than the victim’s current profession, then those lost wages need to be calculated as part of the settlement.
Looking at the victim’s education level and work experience will be ways to get an idea of the lost wages.
Knowing how many years they had left in their career is also a variable. One thing that can be overlooked but would not by a competent injury attorney is factoring in cost of living adjustments (COLA).
Inflation is always present meaning that prices go up so having that factored in will help ensure that the victim’s settlement will be fair and will help them throughout the rest of their life.
Workers’ Comp is generally managed by each state so the Nevada department will handle all partial and permanent injury claims.
One benefit to a Workers’ Comp claim is that the settlement is not considered taxable income to the victim. That brings more money to the victim’s pocket helping them in the future.
The Worker’s Comp insurance will usually settle with a lump sum payment to the victim but lacks certain things that we have previously discussed.
Pain and suffering benefits are omitted from the payout. Also, the calculation of future lost wages will not be considered in the settlement process.
Auto insurance claims can also be capped out.
When someone is permanently injured in a car accident, the settlement will be based on the driver’s liability coverage.
So whatever the maximum is on that insurance policy will be the maximum a victim will receive.
If the victim has another supplement policy then that can help.
An “underinsured motorist” insurance plan would kick in for a victim after the driver’s policy maxed out.
No one likes paying more for insurance but in a situation like this, a driver would be thankful they purchased a supplemental plan.
A permanent injury can include many different diagnosis but below are some of the most common ones dealt within the court system:
Disfigurement – Mostly this will consist of visible issues such as scars but may also include the loss of a limb. Amputations and issues that are visible can play havoc on a victim’s mindset. Often times they feel their worth is discounted due to their handicap.
TBI – Traumatic Brain Injuries – These types of issues often occur when there is blunt force trauma to the head which causes a lack of oxygen to flow to the brain. Injuries such as this can be tough to calculate because sometimes they start off as simple symptoms (similar to a concussion) but can also range to permanent brain damage which can cause significant problems up to and including the loss of cognitive functionality.
Back Injuries – anyone who has suffered a back injury or lower back pain knows how the pain lingers and how things never seem to get back to normal. Disc injuries like ruptures or vertebrae issues (such as fractures) can sometimes require multiple surgeries. These types of surgeries often require hospital confinement and at the very least will cause suffering and lack of production for the victim while they recuperate.
Sensory Losses – These will include a loss of sense such as permanent hearing loss, blindness (or not being able to see well enough to drive) or the inability to taste things. Many types of injuries can cause this type of damage to include medical malpractice, traumatic injury or toxic exposure.
Highly experienced and respected personal injury law firm in Nevada
If you or a loved one had PTSD after an auto accident, contact our law offices today!
Post-Traumatic Stress Disorder (PTSD)
PTSD is a mental health condition that is caused by an event that is terrifying to the person involved.
Thoughts of the accident may bring high anxiety and uncontrollable emotion to a person diagnosed with this.
There are some common symptoms that may be experienced by a person with PTSD.
High Anxiety – The stress of the event can cause a person to avoid others and places that remind them of the accident. This could affect close relationships and the person may shut off from the rest of the world. This is not healthy at all. Being emotionally numb can lead to depression. Feeling helpless with negative thoughts can be devastating. Severe depression can lead to suicide.
Flashbacks – This is often referred to as having intrusive memories. Thinking back and reliving the accident and tragic event over and over again can be harmful. Being upset by the memory and having nightmares and dreams can cause serious physical reactions that are not healthy. It is common to feel guilty even you are not to blame. Thinking of things that you may have done differently that may have avoided the accident.
Feeling on Edge – This may be symptomatic of a person being easily frightened or startled when they were not before the accident. Being overly cautious, and expecting danger all the time can be harmful. This emotional trauma can lead to drugs and alcoholic behavior in order to mask the pain.
Sleep Disorder – Sleep issues can lead to fatigue and tiredness that can make the PTSD worse. The problem may be that the person has a hard time sleeping because they are haunted with the thoughts when they go to sleep. Anxiously waking up and having trouble getting the rest needed to be healthy. Sleep can be affected in the sense that the person may be sleeping too much. Not wanting to deal with reality is another symptom.
Trouble Concentrating – A person with post dramatic stress disorder can often find themselves struggling to focus their thoughts and concentrate as they once did. This can affect job performance at the workplace which can lead to losing work and time off from the job. A student trying to keep up on class work and studies will have a tough time as well. Trying to find enjoyment in the things that a person once did can be difficult for those with PTSD.
With PTSD a person may have a hard time getting back into their day-to-day life.
It may take some time for these symptoms to subside where a person can return to some kind of normalcy.
If an event severely affects a person than the PTSD may take years to get better.
Automobile Accident – Any of the people directly involved in an auto accident can be traumatically affected. If there is serious injury and suffering in a crash the physical and mental condition of those involved could be damaging.
A person fearing for their life can do serious damage psychologically.
Paralysis – A car accident can cause someone to lose feeling in their limbs and body function. This is most traumatic and the victim will need long term care. This constant reminder of the tragic event can cause guilt and PTSD to everyone involved.
Amputations – Losing a limb is one of the worst-case scenarios in an automobile accident. Anytime this happens there will be major emotional trauma left behind.
Traumatic Brain Injury – A person with brain injury is another tragic injury. In some cases, the brain damage may be so severe that the person will need a life time of care. With all serious injuries the emotional fallout to everyone involved can be just as severe as the physical.
Counseling – An accident victim will need a professional that specializes in PTSD. The goal is to get the person back to their life as it was before the accident occurred.
Discuss the Events – It is important for the victim speak of the events that took place and witnessed. This will help them and their therapist to put the events in perspective. The victim can then move forward and try and regain control of their life.
Educate the Victim – Letting the victim know that they are not alone in their reaction to this type of an event will help them process it. It is normal to have stress and anxiety after a traumatic event. Educating the victims loved ones is also important in helping in the recovery. That way they can understand better what the person is going through.
Recovery – This may take some time. Sometimes the emotions and thoughts will come to surface quickly. Other times they may come later taking more time for recovery. Every case is different depending on the accident and person.
Medicine – The doctor may prescribe medication that can help with anxiety and other symptoms that the person may have.
Getting in any type of accident is always stressful even if it is just a simple fender bender.
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…
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.
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).
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.
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…
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.
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.
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.
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 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.
There are several claims that can be made when filing a claim against Tesla and its other manufacturers for an accident
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.
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.
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.
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.
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.
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.
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
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.
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 accident attorney at Richar Harris Law firm before you give any statements to the insurance company.
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.
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.
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.
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.
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.
It is important that an elevator owner or operator make sure that they have done their due diligence in providing safety.
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.
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.
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.
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.
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, orWalmart 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.
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
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.
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
Expert lawyers that specialize in forklift accidents available 24/7
We will negotiate with insurance companies, insurance adjusters, the other attorneys, or any other representative of the employer or company responsible for the injury.
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.
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…
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.
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.
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 Driving– Distracted 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.
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.
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.
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.
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.
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- 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.
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.
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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…
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.
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
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.
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.
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.
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?
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.