Rear End Accident Attorney Richard Harris Most people think of rear end collisions as minor and maybe just something that happens at a traffic light when someone can’t stop in time. But like everything else…
Most people think of rear end collisions as minor and maybe just something that happens at a traffic light when someone can’t stop in time.
But like everything else this is not always the case.
Sometimes rear end collisions can be a major accident causing property damage and injury.
To learn more about rear end accidents and your rights call The Richard Harris Law Firm today.
We are well versed in rear end collisions and have been in Las Vegas for over 40 years.
Call for a free consultation today.
Common Causes of Rear End Accidents
Rear end accidents are most of the time caused by human error when people aren’t paying attention.
Here are the most common causes of rear end collisions in Las Vegas –
Distracted Driving– this is the most common cause of rear-end accidents. This includes things like texting, talking on the phone, eating , drinking, and being distracted by small children in the car are all examples of distracted driving. When this happens the driver is distracted by the previous examples and doesn’t see the driver stop in front of you and therefore you don’t stop causing a rear-end wreck.
Following closely– better known as tailgating, this is when it is just too close to the rear-end of the car in front of them. Leaving little or no time to stop if needed.
If at a traffic light someone is too close to try and make the light is another example of driving too close.
You should always maintain one car length for every ten miles per hour. For example if you’re going 50 miles per hour you should be 5 car lengths from the car in front of you.
Stopping without cause– this causes rear-end collisions when the first car stops suddenly and without warning or can’t be seen when on a windy road. The rear driver can’t see the front driver or the front driver stops suddenly. This can cause a rear-end collision.
Vehicle defects-vehicle defects are less common than human error but can cause a rear-end accident. Breaks may fail or a tire may blow out without warning causing a rear-end collision.
Aggressive driving-people going too fast and riding someone’s bumper, abusing the front driver to tap on the brakes to warn them they are too close can cause a rear-end accident. This is aggressive driving between both parties.
Weather– Las Vegas doesn’t have severe snow and for the most part it’s dry. But when it rains it pours and there is street flooding. This can also contribute to a rear-end collision. When people just can’t stop because they are hydroplaning through a puddle.
If you have been injured in a rear-end collision in Las Vegas due to any of the circumstances above, call Nevada’s number one rear-end accident attorney The Richard Harris Law Firm and let us review your case free of charge.
Injuries Caused by Rear End Accidents
Rear-end accidents can cause a variety of injuries based on factors like speed, seat belts, the age of the car, and airbags are all factors in determining the injuries sustained in a rear-end collision.
Here are some examples of injuries caused by rear-end accidents in Las Vegas.
Whiplash– this is the most common injury from a rear-end accident. This is when the head is snapped back and forth from the impact of the collison. A mild case may just leave you with a sore neck and head for a little while. A severe case may involve extensive medical treatment and even surgery.
TBI or Traumatic Brain Injury– this happens when the brain is moved inside the skull or is severely damaged from an outside object. TBI’s are sometimes permanent brain damage and require ongoing medical care or very long rehabilitation.
Spinal Cord Injuries– spinal cord or back injuries are more common in rear-end accidents because of the force of the hit. Spinal cord injuries can take years to heal or may require surgery to correct and enve then they may never heal completely for someone.
Cuts and Lacerations– many accidents including rear-end accidents cause victims to get cut and bruises. These happen from broken glass or metal. The airbag going off is another common reason. Airbags can cause extreme bruising or cuts to the face when they go off.
Not all rear-end accidents cause injuries you can see.
Some accident victims are so traumatized from the rear-end collision they have been in that they suffer severe psychological damage known as PTSD or post traumatic stress disorder.
This psychological disorder can cause many symptoms and can take medication and therapy to help heal if at all.
At The Richard Harris Law Firm we understand the effects of a rear-end accident can have on our clients both financially and emotionally.
We work for our clients so we will do our best to get you the compensation you deserve for medical expenses, pain and suffering, future medical care, therapy and any other care that you may need.
We can help rear end car accident victims anywhere in Nevada including –
Stop your vehicle- stop immediately and check for injuries. If possible get out of the way of traffic. Call 911 if there is an emergency
Exchange information- get all other drivers involved information including driver’s license, insurance information, vehicle information. All get this information from any witnesses.
File a police report- this is very important even if you think there are no injuries due to the accident. But you will need it for any insurance claims or car repairs. Also request a copy.
Gather Evidence- get information from any witnesses. Take photos or videos with your phone. Note the area of the accident and the weather in the evidence
Get medical care – whether you think you’re injured or not you should just get checked out. If you know for sure you are injured 911 should be called immediately and medical attention should come first.
Contact the best rear-end accident lawyer in Nevada.
Don’t speak with your insurance company until you speak with a rear-end accident attorney.
Insurance companies will try to settle for as little as possible or not at all.
Hiring an expert like The Richard Harris Law Firm can protect the victims in a rear-end collision from being undercut by big insurance companies that don’t want to settle your case fairly.
Who’s At Fault in Rear End Accident
Most people assume the rear driver is at fault automatically but that is not always the case in Nevada. Many times another driver or outside influences play a part in the fault of a rear-end collision. Only a thorough investigation can provide the answers as to who is at fault.
In Las Vegas you must prove who acted without a proper degree of care to determine who is at fault.
Nevada also has a comparative negligence rule that states that you may be entitled to compensation if you are less than 50% at fault for your accident.
These laws can be very confusing and your case may hang in the balance based on the at fault laws in Nevada.
Calling an experienced attorney like The Richard Harris Law Firm could be the difference between getting the combination you deserve and not.
It can be that simply not calling an experienced lawyer can cost you the entire claim.
How Can The Richard Harris Law Firm Help
Our team can lead a full investigation to determine who is actually at fault in your rear-end collision in Nevada.
https://youtu.be/ZwKrNtvs-wI Who Is The Insurance Adjuster and What Do They Do? An insurance adjusters’ role is to inspect personal injury claims or property damage and determine how much the insurance company should pay for…
Having a legal team like Richard Harris on your side can make all the difference in getting you the settlement you deserve.
Government agencies will also employ an attorney to handle insurance claims.
Don’t negotiate with insurance adjusters alone, let the Law Offices of Richard Harris go to work for you, call today.
How Insurance Adjusters Settle Claims
Insurance adjusters are required to settle as many claims as possible for with the smallest payouts possible.
A professional insurance adjuster will look at every detail as it relates to the case and make sure he has all the facts and records of the claim.
They will even see if there was previous medical conditions or injuries before an accident and explore every angle possible before making an offer.
If they do realize that you are educated about what insurance adjusters do and what your claim is worth, they will usually try to settle your claim.
Insurance adjusters are not at the scene of your accident, they just see you as a claim on the paper work they are provided.
Doing all the right things after an accident can mean the difference between a large settlement and a tiny one.
First get medical attention
Keep records of all injuries and treatments
Keep and organize all medical bills
Gather as much info as possible; police reports, pictures, videos
Stay up on the insurance adjusters’ activities
If you are organized and actively participate in all these areas with your personal injury lawyer you will be in a much better position to negotiate.
Once the adjuster has all the info and you have made them aware of your interest in a settlement, they will usually submit an offer to you.
How to Best Position your claim for success
Have an approximate settlement amount in mind
Be patient, don’t jump at the first offer
If offer is low, get the claims adjuster to give specific reasons for their offer
Reiterate the physical and emotional pain and suffering experienced
After terms are agreed upon, always get a settlement in writing
The victim will have a certain number of days to decide before the offer is rescinded.
The insurance companies want you to take the first offer but take the time you need before making your decisions.
Insurance adjusters only have a certain amount of money they can approve no matter how much your medical bills and injuries are.
If your claim goes beyond the scope of what the adjuster can approve, usually an insurance adjuster supervisor is called in to look over your case.
This seems like a lot of work and can be confusing, so don’t deal with the insurance companies by yourself.
Call the Law Offices of Richard Harris today because we know who the insurance adjuster is and why they do what they do!
Contact the Law Offices of Richard Harris
Richard Harris Law Firm can help residents all over Nevada.
We are a compassionate accident law firm, with experience in all accident types including: cars, trucks, motorcycle, pedestrian, Uber, Lyft etc.
At the Law Offices of Richard Harris, we will work hard for our clients, we will not just settle hurriedly, instead we will make sure that you get the settlement you deserve.
With years of experience our highly capable attorneys won’t be intimidated by big business and big insurance companies.
If you have been injured in an accident, get help right away and call Richard Harris for a free consultation.
Things to be aware of when you are dealing with insurance companies
One of the hardest things to deal with after an accident is the phone calls that begin almost immediately from insurance adjusters, wanting to settle your case as soon as possible.
They are all the same to deal with, State Farm, Allstate, Geico, Farmers, Liberty, etc.
We pay into our insurance for years hoping we never need to use it and in spite of this the insurance company will still give you the runaround.
Don’t let this happen to you, call the Law Offices of Richard Harris today to get answers to your insurance and accident needs.
Insurance adjusters are trained negotiators – The job of insurance adjusters is to protect the interest of the insurance company. They do use a variety of tactics and tricks to get you to sign documents or settle as quickly and for as little as possible.
Don’t accept the first settlement offer – Call Richard Harris before you agree to any settlements, these are usually low offers by the insurance company to settle quickly at a low cost.
Be careful when speaking about your case – Anything you say will most likely be used against you. Before you give a statement contact the Law Offices of Richard Harris.
Insurance Companies will try to avoid paying out medical bills – Medical bills are part of a car accident and part of why we pay insurance, but they will do their best to not pay out on any of your medical bills if they can get away with it.
If you won’t settle Insurance companies might ignore you or deny your claim altogether – Ignoring you or denying your claim at first is another plan used by insurance companies to intimidate you into a settlement.
Don’t Sign anything until you call Richard Harris – Be careful of the small print. This is what the insurance companies hope you don’t read when they ask you to sign documents.
Insurance companies don’t have to treat you fairly – Nothing is a guarantee, whether it’s your own insurance company or the other driver’s insurance. They can deny or delay payment in hopes that you will give up and not pursue it. We will pursue it for you at the Richard Harris Law Firm.
UPS drivers are everywhere today delivering packages on time is what they do.
Or as we have all seen the commercial “ What can brown do for you?”
The downside to that is careless , reckless and unsafe driving that can result in severe injury.
UPS drivers are expected to deliver packages on time and that means a daily quota and time schedule that may be unrealistic.
Drivers worry about the route and making sure packages are on time so they don’t lose their job. When this happens they may use unsafe driving practices that can result in injury for anyone driving on the road with them.
With the advent of Postmates, Lyft, Uber and Amazon delivery there are so many delivery services out there all in a hurry to deliver.
These delivery services including UPS are causing major havoc on our roads.
It may be convenient for your new shoes to be delivered to your house instead of going to the store to get them but at what cost?
UPS truck accidents can cause severe injury or even death.
If you or a family member has been injured in a UPS truck accident call Nevada’s premier accident attorney Richard Harris Law Firm for a free consultation.
Why Contact Richard Harris Law Firm
If you have been injured in any accident you should contact a lawyer who specializes in personal injury law immediately.
Having injuries, medical bills, lost wages and lost property can be extremely stressful and scary to navigate all while dealing with insurance companies that truth be told don’t want to pay your claim.
Hiring the right attorney like Richard Harris will let the insurance companies know that we will not take no for an answer.
Richard Harris Law Firm can help with medical bills, lost wages, property damage, and pain and suffering.
We will get you the maximum compensation available to you for your accident.
Being in an accident with a UPS truck can be worse than a regular truck accident.
UPS is a large corporation with a legal team and insurance company that will look to settle quickly or not at all, and that’s why having the right legal representation is so important.
Limousines are commonplace in Las Vegas even in the time of Uber and Lyft limousines still play a major role in the travel industry in Las Vegas.
When you’re in a limo how much attention are you really paying to the driver and what’s going on around you?
You’re usually with your friends on your way to a casino, maybe having a few drinks because for the night you don’t have to drive.
Well lack of attention is one of the main reasons for limousine accidents.
You’re out celebrating a prom or graduation, maybe a friend’s wedding and the next thing you know your limo has been involved in an accident and you or your family or friends are injured.
This happens all the time in Las Vegas and most people aren’t aware of how dangerous limos, Uber or Lyft can be.
Since you are not driving you are trusting that your limousine driver is alert and paying attention, let alone a good and licensed driver.
Reckless drivers are the major cause of limousine accidents with major injury.
And if you rented the limousine and the driver works for the limo company then who is responsible if you are involved in a limousine accident involving injury?
Calling a lawyer right away after a limousine accident is essential to getting you the help you need.
Call the Richard Harris law firm today and let us answer all your questions about a limousine accident in Las Vegas.
Common Causes for Limo Accidents in Las Vegas
Driver Error- let’s face Vegas is a 24 hour a day city. Maybe your driver works another job and they are tired. Maybe they were on the phone and not paying attention. Also speeding or driving under the influence are also other forms of driver error. These are all examples where the driver is at fault for the limo accident.
Mechanical Error- has your limo not been serviced properly? Are there any recalls for the limo you’re riding in. Does the limo meet the safety standards set by the Taxi and Limousine commission? If not and there is an accident it may be related to mechanical error. This may be where the manufacturer of the limousine as well as the limousine company are to blame.
Outside Influences- road work, especially the construction that is ongoing in Las Vegas is a perfect example of outside influences. Is the road construction properly signed to warn drivers of potential obstacles? If you’re in an accident where a construction site is involved is the city or building owner at fault?
When determining the causes for limousine accidents and who may be responsible it’s best to hire a representative to advise you and guide you through the legal process.
Call Richard Harris Law Firm after a limousine accident, we can determine who is at fault and guide you through the legal process.
What to do After a Limousine Accident
What you do immediately after an accident is very important and can alter what happens after.
So follow these steps immediately after a limousine accident in Las Vegas.
Of course, call 911 immediately.
Seek Medical Attention- even if you don’t think you are hurt it is best to seek medical attention. You may have a concussion or whiplash that may not be immediately noticeable. Also it’s just best to get checked out after any accident.
Collect evidence- If you are able to gather as much information as you can. Take pictures or video with your phone. Exchange information with the limo driver and witnesses if possible. Take notes about the surrounding area, weather, construction or whatever else is going on at the time.
Also get information from the police so you can get a copy of the police report.
Contact a lawyer- after getting medical attention this may be the most important thing to do. Just remember the limousine company and the limo’s insurance companies all have a team of layers on their side. Why shouldn’t you? Call Richard Harris Law Firm today if you have been injured in a limousine accident in Las Vegas.
Never speak with the insurance companies- they will try and settle or even deny your claim. So never speak to the insurance companies without hiring a lawyer first.
Head On Collision- this is when two vehicles hit each other front to front. Usually in a head on collision one car takes the majority of the brunt of the accident, that is one car will have significantly more damage thus the injuries to the passengers is usually more than the other car passengers.
Rear end collision- this happens when a vehicle is hit from behind. This happens when the vehicle behind is either going too fast or cannot stop at a traffic signal and hits the vehicle in front in the rear. This is a very common cause of limo accidents, especially at red light intersections.
Side swipe accidents- these accidents usually occur at intersections. This is when a vehicle hits another vehicle on the side. This occurs when a vehicle can’t stop at an intersection or doesn’t stop and hits the side of the vehicle usually at a fairly high rate of speed.
Any of these can be dangerous and cause serious injury to the passengers of limousines.
If you were injured in one of these accidents while in a limo in Nevada call the city’s premier limo accident attorney, The Richard Harris Law Firm today for a free consultation.
Since most limos are larger in size than most regular vehicles the injuries can be much greater in a limo accident.
All accidents have a possibility of injury and limo accidents are no different. Here are the common injuries associated with a limo accident
Traumatic brain injury- TBI for short-most TBIs are permanent and require permanent care and rehabilitation
Head and Neck injuries- these can range from a concussion and whiplash to permanent damage and can require surgery, physical therapy and future care
Paralysis- or permanent motor function loss- this requires permanent and continuing care. Special equipment is also needed
Burns, cuts and lacerations- this might be as simple as a few stitches and scratches but maybe it can be more severe and involve severe burns that require surgery and skin grafts
All injuries can be minor to major and you may need future medical attention and care. That’s why hiring the right attorney after a limo accident is so important. Getting the compensation you need for all your medical expenses and pain and suffering is the job of The Richard Harris Law Firm.
Who is Responsible for Limo Accidents
As with everything else in a limo accident there are a number of responsible parties involved in a limo collision. This may be one party or multiple parties depending on the accident.
The Limo driver- usually the first one held responsible for a limo accident. When drivers are at fault it usually is from reckless driving, distracted driving or negligence. The limo driver can be independently held liable for the accident or held accountable with the limo company.
The Limo Company- the limo company is the second to be held responsible for a limo accident. Usually this includes negligence, knowingly hiring an unqualified driver, or not servicing vehicles properly can be the cause that the lmo company is held responsible for the accident.
Limo manufacturer- faulty vehicles are the main reasons that the limo manufacturers can be held responsible for a limo accident.
Other drivers- also a common party that is held responsible for a limo accident. Maybe they hit your limo while driving under the influence or on the phone. Speeding, falling asleep are other causes of accidents by other drivers.
If you have been injured in a stop sign accident in Las Vegas or anywhere else in Nevada call The Richard Harris Law Firm today.
Common Causes for Stop Sign Accidents
Every accident is different but there is a common theme for most stop sign accidents.
Below are the common reasons stop sign accidents occur in Nevada.
Distracted Driving– possibly the number one reason for stop sign accidents-texting, taking or answering emails while driving causes distracted driving and is now illegal in all 50 states including Nevada
DUI- drunk driving is another common reason for stop sign crashes and can have disastrous results. DUI is most common between the hours of 9am and 12 noon is Las Vegas due the 24 hour atmosphere.
Obstruction- with all the construction going on in Las Vegas, as the city continues to grow, stop signs can be obstructed from view or can be confusing as to whether or not you actually have to stop. This can cause drivers to be confused or not see it all leading to a collision.
Driver error- do you know the difference between a 4 way stop , a 2 way stop , or an all way stop. These can be confusing and lead to driver error as to who has the right of way or who has to stop at all. Driver error or lack of knowledge of the area can also lead to a stop sign accident.
Weather- it may be hot in Las Vegas in the summer but we have a rainy season with flash flooding leading to many stop stop sign accidents as we have all seen.
If you have been injured in a stop sign accident call Richard Harris law firm today for a free consultation.
Our law firm is experienced in stop sign accidents and stop sign accident injuries.
Legal Liability for stop sign car accidents
One of the reasons to seek legal representation after a stop sign accident is that the law can be tricky.
Who is at fault in a stop sign collision?
Typically the driver without the right of way is at fault but that isn’t always the case and that’s why having Richard Harris as your legal representative can be the right move.
We can sort the legal issues out for you.
Below are the Nevada laws for stopping at a stop sign.
NRS 484B.257 Vehicle entering intersection marked stop or yield. Except when traffic is being controlled by a police officer or a traffic-control signal:
When proper signs have been erected, the driver of a vehicle shall stop or yield at a clearly marked stop line or, if there is none, before entering the crosswalk on the near side of the intersection or, if there is none, then at the point nearest the intersection where the driver has a view of approaching traffic on the through highway. After having stopped or, in the event of a yield sign, slowed or stopped, the driver shall yield the right-of-way to other vehicles which have entered the intersection from such through highway or which are approaching so closely on such through highway as to constitute an immediate hazard during the time such driver is moving across or within the intersection.
The driver of a vehicle shall stop in obedience to a stop sign or yield in compliance with a yield sign, in compliance with the manner prescribed in subsection 1, prior to entering an intersection if a stop sign or a yield sign is erected at one or more entrances thereto although not a part of a through highway and shall proceed cautiously, yielding to vehicles not so obligated to stop or yield and which are within the intersection or approaching so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection.
(Added to NRS by 1969, 1496; A 1973, 1326)-(Substituted in revision for NRS 484.319)
Common Injuries From Stop Sign Car Accidents
There are usually two types of stop sign accidents in Nevada either head-on collision or T-Bone.
T-Bone accidents are known to cause more serious injuries.
Many other factors play a role in how bad a stop sign accident is, including rate of spread, type of vehicle and of course weather or not you were wearing a seatbelt ( also a law in Nevada).
If you were injured in a stop sign accident in Las Vegas or Reno (or Summerlin, Henderson, North Las Vegas, Henderson, or anywhere in Nevada) and believe it was not your fault call Richard Harris today.
Did you know that if you have been injured in an accident, you are entitled to file a personal injury claim in order to receive compensation from the responsible party? If you have never filed a personal injury claim, the thought of doing so may be daunting. It is not the kind of process you want to go through without a strong advocate to guide you.
Step-by-Step, here is what to expect in the process of filing a personal injury claim and what comes after.
Get a Medical Examination.
See a doctor for an examination regardless of whether you are in significant pain or not. Many personal injury victims do not immediately feel the physical consequences of the accident, and therefore, may not think it necessary to seek medical treatment. On the contrary; a medical exam can reveal internal issues, as well as injuries that may otherwise have a tendency to take an extended period of time to show up as physical pain. Some injuries can take months or even a year to show up.
Important: If you choose not to seek medical attention after an accident yet pursue compensation for your injuries, the insurance company representing the responsible party is able to use the fact that you did not see a medical professional after the accident as evidence that you may not be injured and in turn be entitled to compensation.
Consult a Personal Injury Attorney.
You can receive a free consultation with an experienced personal injury attorney like the ones at the Richard Harris Law Firm who will assist you in determining your next steps, as well as what compensation you may be entitled to receiving. Depending upon the nature of the accident and severity of your injuries, as well as when the incident occured, an attorney can inform and guide you through the process.
Your Personal Injury Attorney Assists You in Filing a Claim.
Once you have secured an attorney, they will inform all parties involved that you are filing a claim – both the responsible party, as well as their insurance company will be notified. In accidents resulting in minor injuries, settlements can sometimes be made quickly.
Continued Medical Treatment and Record Keeping.
In receiving regular medical treatment to recover from your injuries, you must keep records of doctor visits and invoices along with detailed medical records. All information obtained about your accident and resulting injuries will be valuable when it comes to a personal injury claim. Be sure to obtain information about:
What ongoing medical treatment you will require
Collect payment statements for all treatment
Get estimates on repair or replacement of personal property or vehicle
Keep records of wages lost due to inability to work
And any other details having to do with your accident, damages, and injuries
Negotiations are Made in Order to Come to a Settlement Agreement.
Negotiations for compensation are made either directly to the responsible party or their insurance company. These can take place either before a lawsuit is filed or after. Ideally, each party will state what their settlement amount will be and after a likely series of negotiations, an offer will be agreed upon and a trial will not be necessary. If both parties cannot come to a settlement agreement, a lawsuit will be filed and the case will move to a trial process. There is a statute of limitations on filing personal injury lawsuits, so if it comes to that point, it is imperative to be aware of the time limit in order to have the opportunity to obtain compensation for your injuries.
What does the trial process look like in a personal injury lawsuit?
A complaint is filed and includes your requested compensation amount.
Litigation begins and each party in the lawsuit reports their information about the accident via a deposition which is recorded under oath.
The case goes to trial and a judge or jury hears evidence from both sides and makes a decision on which is credible.
If the jury or judge decides in favor of the injured party, they will decide what the final compensation will be.
The Richard Harris Law Firm has over four decades of experience representing the injured and getting the compensation they need and deserve. Our attorneys are available 24 hours a day / 7 days a week to guide and support you through the process. Contact us by phone at 702.374.0436 or visit our website: richardharrislaw.com
Everyone is in a hurry again riding around trying to get to wherever as quickly as possible.
In Nevada this means many people just ignore the traffic signs including red lights.
We all have done it. The traffic light turns yellow and instead of yielding and starting to stop like we are supposed to, we accelerate and go through the light as it turns red all because we are in a hurry.
Drivers are injured everyday in Nevada due to this basic traffic violation. The population rises in Nevada as it has done in great numbers over the last decade.
More and more people are out driving on our roads this leads to more accidents, injuries and property damage from red light car accidents.
Most of the time it is just one vehicle that blows through a red light at a high rate of speed. Sometimes both cars are trying to run the light they are at and hit each other.
These accidents can cause anything from minor injuries and damage to even, unfortunately death.
Even though most of these accidents can be avoided if people just followed the rules of the road and red light laws in Nevada, that is not always the case.
If you or a family member has been injured in a Red Light traffic accident in Nevada call Richard Harris Law Firm today, we offer free consultations and are available 24 hour a day.
Don’t delay getting legal representation.
FHA Facts on Red Light Car Accidents
The Federal Highway Administration offers statistics about all types of accidents from DUI, Cell phone, Speeding and red light Accidents.
Some statistics to consider are in 2019 (pre pandemic) 846 people died in the US at redlight traffic accidents.
An estimated 143,000 people were injured in the US in 2019 in red light car accidents.
Legal Liability for Red Light Car Accidents
Typically motor vehicle laws can be very complicated and you should never have to guess who is at fault in a red light car accident.
Usually the person who enters into the intersection on the red light is at fault but that isn’t always the case.
As Nevada gets bigger and bigger and more people move here, the more red light accidents occur.
Running red lights or stop signs is very dangerous and causes great harm to the unsuspecting victims.
If you think that you are the victim of a red light traffic accident call Richard Harris today and we can sort out who is at fault.
Nevada Statute of Limitations on Personal Injury Lawsuits
No one ever really thinks about a lawsuit until they need to.
But knowing your rights is the main reason to hire a local personal injury lawyer who specializes in red light car accidents.
In Nevada you only have two years to file a personal injury claim after a car accident.
Many people don’t realize they only have a limited time to do this.
As we know time seems to fly by without any notice.
In the court system once 2 years have passed you can no longer make any claim against the person who hit you at the red light they ran.
That means you are responsible for your own medical bills and you will not receive any reimbursement for lost wages or pain and suffering.
That’s why calling Richard Harris immediately after your accident can help get the process of recovery started as soon a possible.
Common Injuries from a red light car accident
First, always seek medical attention after a car accident.
A lot of the time you might not even realize you are hurt until much later.
But not seeking medical attention can be the worst thing you can do.
Maybe you have a minor pain in your back and you don’t seek medical attention.
That same back pain can turn into a lifelong back issue if not addressed immediately.
So the moral of the story is always seek medical attention immediately following an accident whether you think you are hurt or not.
All accidents are different but there are some common injuries associated with red light accidents.
Off to school! An integral part of your daily life as a parent is sending your child to school. In fact, it is the law. For children ages 6 to 16, it is compulsory to be enrolled in school whether it is public, private, or homeschool. Schools are designed to be a place of safety and security for our children. Once they are on school property, the school has a responsibility to their students for a reasonable duty of care – school staff and administration are charged with students’ well-being and with protecting them from foreseeable harm. There is even a specific term referring to the school’s role as acting in loco parentis, or “in place of the parent.” In the State of Nevada, children spend approximately 180 days per year in school. With that, it is inevitable that accidents will occur. Understandably so, when your child comes home with a scrape or bruise, we tend to dismiss it as the usual wear and tear from kids being kids. But what happens if your child is seriously injured on school property? Who is responsible and where do you turn? There are so many questions you may have.
Can you sue the school if your child is injured on school property?
Yes, you can. The injury must have occurred on school property during school hours. An attorney may be able to recover the financial cost of medical bills, the emotional cost of pain and suffering, and more depending on the nature of the accident and the extent of the child’s injuries. The law varies based on whether a school is public or private when it comes to what steps you must take in order to hold the school accountable for the incident.
Child Injury in a Private School
When a child is injured in a private school, parents are able to sue the school itself.
Child Injury in a Public School
Public schools are government entities, therefore, if your child is injured in a Nevada public school, you must follow very specific procedures in order to file a claim. There must first be a report of the incident filed with the school district within a 60- to 90-day window. In order to proceed with filing a lawsuit, you must then wait until either the school denies your claim, or the school takes no action within a three- to six-month time period.
Nevada school districts are liable for incidents on school property due to negligence, including, but not limited to:
Harassment by a teacher in the form of bullying or sexual harassment.
Bus accidents caused by the negligence of the bus driver violating the laws of the road.
Injuries sustained during school sports or activities.
Neglecting to provide medications.
Discrimination of a student based on (but not limited to) race, gender, or gender identity.
Inadequate security on the premises to keep students safe from outside harm.
What if my child was injured by a teacher?
Nevada’s school districts can be held liable for teacher’s actions in certain instances under its waiver of sovereign immunity law, which gives people the ability to sue the school for the negligence of a teacher or its staff member. When a teacher is doing their job as it is intended, and an accident occurs due to their carelessness or negligence, the school is responsible. One of the conditions under the sovereign immunity waiver protects Nevada schools from being sued for more than $100,000 for employee negligence. They are also protected from paying out punitive damages. On the other hand, in cases of intentional misconduct by a Nevada school employee, those conditions do not apply if the school is found negligent. It is the school’s responsibility to perform their due diligence when hiring teachers and staff by conducting thorough background checks. Furthermore, if a teacher is found to be unfit for their position and no action is taken and they commit an intentional wrongful act, the school itself can be deemed negligent. Nevada schools are charged with proper supervision and disciplinary action for their employees. If the school fails to carry out this duty and a student is injured due to a teacher’s intentional improper behavior, the school can then become the responsible party.
Unlike public schools, private schools do not have a cap on the amount that can be paid out for recovery of damages if an employee is found negligent. They can also be sued for punitive damages.
What if my child was injured by another child at school?
In most cases where a child is injured by another child at school, the parents are the liable party. If there is negligence on the part of school staff such as inadequate supervision, the school may be liable.
If my child was injured on school property after school hours, who is responsible?
Nevada schools are not liable for accidents that happen on school property after hours.
Is the school liable if my child becomes ill or gets food poisoning from school cafeteria food?
In many cases, school food is provided by an outside vendor. If that food then causes your child to become ill, the manufacturer would ultimately be liable for their product’s safety. On the other hand, if the cafeteria is serving food provided directly by the school, the school is liable and its negligence may be grounds for a lawsuit.
Do I need a lawyer to represent me in a lawsuit if my child is injured on school property?
The procedures you must follow before ever filing a lawsuit with a Nevada school are very specific. An experienced attorney is necessary to navigate these strict guidelines and bring the school and/or its employee to justice for the negligence that caused your child’s injury. The Richard Harris Law Firm has represented thousands of Nevada families in the last 40 years. Contact us immediately so we can help your family, too.
Filed under: Auto Accident, Blog, Legal Information, Uncategorized
Your lawyer will let you know if they feel that use of Arbitration and Mediation may assist in bringing your dispute over a fair settlement to a conclusion in your favor. These two methods have been gaining greater traction over the last several years, and in some cases, they are required by the courts during the pre-trial phase. Since these methods are gaining in popularity, an understanding of why and under what circumstances they may be used to resolve disputes is probably in order.
Your dispute is, that you’ve been injured in an auto accident, you’ve completed your treatments, and been released from medical care, your lawyer has submitted a Demand to the Insurance Company which, for any number of reasons, has not resulted in a settlement. After negotiating with the insurance company, your lawyer has chosen to sue in order to obtain a fair settlement for you. In our last post, we discussed some of the preliminary activities included in the term litigation. Mediation and Arbitration are two of the alternate dispute resolution methods that we will look at next, so you can have some expectation of what these processes can accomplish and under what circumstances they are used.
Alternate Dispute Resolution (ADR)
Mediation and Arbitration are very similar since they are alternatives to a court trial and can avoid trial completely if a resolution is reached. In both methods, a neutral third party is selected to oversee the proceedings. This person should be familiar with this and similar types of disputes and acts informally as the judge in the proceeding.
The advantages of settling a dispute by an alternate method include confidentiality. If the negotiations fail, the discussions of the mediation or arbitration will not be used in an eventual lawsuit as opposed to testimony in a court which is considered public record.
These methods are less expensive than going to court and resolve faster. The parties to the dispute determine the resolution, not the judge or jury, by directly communicating face to face, rather than through a lawyer in a courtroom.
Mediation v Arbitration: What’s the difference?
Both mediation and arbitration employ a third party to oversee the proceedings, and either method can be either binding or non-binding.
Mediation – is the less formal of the two methods. Usually a single mediator is employed who will attempt to help the two parties find common ground to settle the dispute. Under Mediation the mediator will not have the same powers as a court judge has but will facilitate discussion and attempt to help both parties settle. Typically, for our use, this less formal and non-binding form of dispute resolution is called Mediation.
Arbitration – may employ multiple Arbitrators, one of which is selected by each side, and the third selected by the existing Arbitrators. For our purposes, the term Arbitration will describe the more formal and more binding form of negotiation. In an arbitration, the findings of the arbitrator or panel of arbitrators, may be binding on both parties.
In both forms of conflict resolution, the facilitator(s) is chosen by the participants, while in a trial, you can neither choose the judge or the jury.
What to expect in a Mediation meeting?
A mediation meeting will probably take place in a conference room as determined by both side’s attorneys. A typical mediation session may be scheduled for either half a day or a full day. Mediation sessions provide confidentiality and discussions will not be used in a trial if negotiations fail. They cost less than a trial, resolution and settlement are faster,
The selected Mediator will take charge of the meeting and will explain rules and processes of the mediation. Both sides will be given an opportunity to make their statements and lay out facts which support that side’s position. You may be asked to speak at the session, at which time you should feel free to express yourself and the emotions you have dealt with due to the accident and the resultant dispute regarding settlement.
Once each side has made their initial statements, the mediator may ask questions of the two parties in order to gain greater insight into the details of the dispute. As the process unfolds, the Mediator may ask to have private meetings with the participants and will work to establish negotiations between the disputing parties.
If the mediation is successful, a written document may be drawn up for both parties to sign, which can be upheld in a court. The resolution, however, is accomplished by the disputing parties, not imposed by a judge or jury. It may take several mediation sessions to arrive at a full agreement between parties. If it becomes apparent that a resolution will not result from the sessions, both parties may agree to a binding arbitration, or court.
Arbitration Sessions are similar…
with the exception that the Arbitrator(s) have been given more power over the proceedings by the agreement to arbitrate, which will have been signed by both parties before the meeting begins. Binding arbitration means that the decisions of the arbitrator(s) are binding on both parties.
While this form of conflict resolution is more formal, it shares the advantage of having both parties to the dispute hammer out the resolution and settlement. It is less expensive than a trial and if successful will settle quicker. Depending on the complexity of the negotiations, it may take several sessions to arrive at a final agreement.
At the conclusion of the Arbitration Meeting(s) an Agreement will be drawn up to settle the case. You and the other party to the dispute will be required to accept the findings of the arbitrator(s) and settle on terms determined in the Arbitration.
The Richard Harris Law Firm employs Mediation and Arbitration to settle your case
Your lawyer will know when or whether alternate methods of resolution should or need to be employed to settle your case. These methods may or may not result in a settlement with which both parties feel comfortable. If these methods do not result in a settlement, the last resort is a civil trial before a judge and jury. We will cover that in our next installment. If you’ve been injured in an auto accident, through no fault of your own, call our firm to discuss your potential case at (702) 444-4444.
Your recovery from your accident will be under the direction of medical providers, and specialists, who will provide treatment and pos sibly prescribe medications to manage pain. As your accident claim progresses, your doctor may…
Your recovery from your accident will be under the direction of medical providers, and specialists, who will provide treatment and pos
sibly prescribe medications to manage pain. As your accident claim progresses, your doctor may disable you for a time. You may be referred to chiropractors and/or physical therapists to assist in the healing process for soft tissue injuries. You should follow their directions to the letter. Once your doctor finds that your recovery is essentially complete or at least has stabilized, he will notify you and your attorney.
At the appropriate point in the process of your claim, your lawyer will notify the at-fault party’s insurance company of their total liability for all items which require compensation, and also how the accident has affected your life in general to establish a value for pain and suffering. Your lawyer and case manager will gather all documentary evidence of your claim, including the police reports, witness statements, medical bills, ambulance bills (if any), time off from work and associated lost income with supporting statements from your employer, statements from other involved parties who were affected by the accident, and any other information that supports your claim. For significant injuries which may require long term care, your doctor may be requested to provide an estimate of future treatment.
Evaluation and Demand for Settlement Once documentary evidence is gathered, your lawyer will then evaluate your claim to set a value range for all claimed losses. The evaluation is a range from low to high of what we are willing to accept to settle the case. Since your attorney handles car accident claims on a daily basis, he or she has experience with similar claims and is equipped to assess what is a fair and equitable settlement for your claim.
Your attorney will prepare a Demand Letter to be forwarded to the liable parties to demand payment for all you have suffered as a result of the accident. A strong Demand is the basis of your claim and will set a starting point in the negotiation process with the adverse parties. The demand letter will contain a description of what happened, including dates times and locations of the accident, why the other driver was at fault, what injuries you suffered, and what compensation you and your lawyer believe is fair settlement of the claim. Attached to the demand letter will be documentary evidence of the claim.
Writing a strong demand which will survive the attempts by the insurance company to minimize their liability is perhaps one of the best reasons to hire an attorney to assist with a car accident claim. The demand will detail all suffered losses and will include language to minimize potential claims of comparative negligence by the insurance company, which may attempt to split responsibility for the accident between you and the responsible party and reduce your settlement.
Most accident victims do not know how to avoid the legal pitfalls which can limit their rights when dealing with adverse legal entity such as an insurance company, and will unwittingly add extraneous information which can damage their claim, or neglect to include important language which will protect their rights in this type of dispute. Furthermore, most people are unable to be completely objective when writing about themselves. The objective evaluation and support of a third party, especially someone who knows the law and how juries respond in such cases, is essential to obtaining the highest settlement for your claims. Correct medical descriptions of injuries and treatments are also critical to this process.
The Richard Harris Law Firm will Demand a Fair Settlement for your claims
Our lawyers handle auto accident claims on a regular basis. They know how to structure a demand which will establish the highest value for your claims and will protect your rights under the law. Once a Demand is filed with the insurance company, negotiations begin, and our next installment in this series will discuss the negotiation process of a car accident claim. If you’ve been in a car accident that was caused by a negligent driver, call our office today to discuss your case at (702) 444-4444.
After a car accident which resulted in injuries to you, you’ve now determined to hire a lawyer to assist with your case. When you call the Richard Harris Law Firm, you will talk with a Legal Assistant known as an Intake Specialist who will gather and record general information about your accident and will discuss with a lawyer whether our firm can assist you, based on the circumstances of the case. Then an appointment will be set for the Initial
Perhaps your first experience with a law firm is the Initial Consultation. Many questions may be in your mind as to how to prepare for this meeting in a way that presents your case and gives your lawyer the information, he or she needs to pursue further legal action on your behalf. Will I be required to pay to discuss my case with the attorney? What documents do I need to bring to the meeting? We will answer these and other questions you may have concerning the initial consultation.
Will I need to pay for the consultation?
The answer to this question at the Richard Harris Law Firm is no. This consultation and all other aspects of your personal injury case will be handled under a contingency fee agreement.
What documents should I bring to the meeting?
Several documents are helpful to begin the process of a car accident claim. First, you should bring your identification to the meeting. This includes Driver’s License or State ID, Passport, Visa, Work Authorization or Military ID among others. You should also have received an information print out from the police officer at the scene of the accident. On this form, will be the names of all parties to the accident, including the vehicle owners, and drivers of all involved vehicles.
Information about your insurance company, such as a policy declarations page are very helpful. An insurance card would be sufficient. At the very least, your insurance company and policy number will allow us to obtain your coverages from your insurance company.
All of the information you recorded at the scene, including names of other drivers, registered owners of involved vehicles, insurance companies covering those vehicles; photos of the scene, damage to vehicles, and injuries received; and written accounts you may have made of the accident are very helpful to building your case.
Medical bills for injuries received, such as emergency room and subsequent doctor visits should be included in this meeting if you have them. Names of your doctors and medical facilities you have visited for your injury treatments will be collected during the interview.
Law Enforcement will file an Accident Report usually within 10 days of the accident. We will request the accident report from the appropriate police agency as part of our investigation. If you don’t have this document at the time of the initial consultation, we will inquire to the relevant parties to obtain this information.
The Initial Consultation Meeting
When you arrive at our office, you will be accompanied to a conference room and will initially meet with an Intake Specialist who will spend several minutes gathering more detailed information regarding your case. You should feel free to ask any questions you have during this meeting. Any required information that we need that can’t be answered at the meeting will be noted and an information page will be given to you in the case packet you’ll be given at the end of the meeting. You should forward these items to the Intake Specialist as soon as possible. Once the Intake Specialist has completed gathering the initial information needed, your lawyer and case manager will then join the meeting.
Your lawyer will ask questions as needed, to help him or her understand your case and the circumstances of the accident and your injuries and treatments to date. He or she will explain basic legal proceedings associated with your case and will explain step by step the process of your claim, and what to expect. They will go over in detail the retainer agreement and ask if you have questions regarding the retainer and contingency fee. Once the retainer agreement is signed by both you and your attorney, our firm will officially represent you in all aspects of your claim until settlement.
You will be given a copy of the of the retainer agreement in your case packet. Your case manager or attorney will also have you sign releases of information and authorizations needed to act on your behalf. You will be given a copy of all signed documents in the case packet. You should ask any questions you have about this claim and the process during this meeting and establish a comfort level with your attorney and case manager.
At the end of the meeting, your will be given your case packet, which contains information about the firm and business cards for your lawyer and case manager and all signed documents. During the initial stages particularly, but during all steps of your case, communications between you and firm personnel are very important. You will also be given access to the Client Portal during this meeting. We will cover information about the Client Portal in our next installment. Check back often for additions to this series.
The Richard Harris Law Firm is different because We Care
At our firm, we want you to understand as much about the process of pursuing your case as possible. If at any point during your case, if you have questions or concerns, give your attorney or case manager a call. This is a time when you should be able to concentrate on medical treatments to aid in your recovery from an accident. We will handle to details of your case and will communicate with you through phone calls and our Client Portal to give you as much information as you need. If you’ve been injured in an auto accident by a negligent driver, call us today to discuss your case at (702) 444-4444.
Since 1958, residents of Nevada have been required to carry vehicle liability insurance with limits of liability of at least $15,000 bodily injury coverage per person, $30,000 bodily injury coverage per accident, and $10,000 property…
Since 1958, residents of Nevada have been required to carry vehicle liability insurance with limits of liability of at least $15,000 bodily injury coverage per person, $30,000 bodily injury coverage per accident, and $10,000 property damage per accident in order to register and operate a vehicle on Nevada roads. Also denoted as 15/30/10, this requirement represents the maximums the insurance policy is required to pay out in case of an auto accident claim. As of July 1, 2018, these requirements will be increasing to $25,000 per person, $50,000 per accident, and $20,000 property damage per accident, or 25/50/20.
In 1958, $15,000 would buy almost four brand new, top-of-the-line Ford vehicles. $30,000 would buy a new house, gas was 24 cents per gallon, and the average household income was less than $5,000 per year. So, for the time, 15/30/10 was more than enough to cover most vehicle accidents and injuries.
Certainly, a lot has changed since 1958. Today, $15,000 will barely buy one not very well-equipped new sub-compact car. The average price of a new home is pushing $280,000 in the valley, a gallon of gas is more $3.00, and the average income in Las Vegas is over $60,000 annually. In today’s world, 15/30/10 doesn’t go too far. $15,000 may cover the medical expenses of a relatively minor injury, $30,000 only represents a 10% down payment on a house, and $10,000 may repair most vehicles with minimal to moderate damage.
Drivers Are Required to Upgrade Liability Coverage
Nearly two-thirds of Nevada drivers carry higher coverage than the current state minimums already, due to the realities of living in 2018. The one-third of Nevada drivers who carry the state mandated minimums, about 600,000 drivers, will face an increase in premiums of about 9% in order to convert to the new state mandated minimums of 25/50/20. Your insurance carrier has probably already communicated with you regarding options for upgrading coverages to conform to the new requirements. If not, you should contact your agent before July 1 to upgrade your insurance coverage.
A driver who fails to convert to the new minimums, or who drops insurance coverage, is required to cancel registration of any vehicle covered by the insurance policy and surrender license plates to the DMV. According to the DMV, driving in Nevada without carrying the state mandated liability insurance minimums is illegal and will subject that driver to suspension of registration. If you are stopped by law enforcement, ticketed for driving without insurance, and convicted, your driver’s license will be suspended by the Nevada DMV.
Other Insurance Options to Consider
Uninsured Motorist (UM) and Underinsured Motorist (UIM) coverage, packaged together as UM/UIM, protects you if you are injured in an accident caused by another motorist who is driving either without insurance or who has only minimum coverage. This coverage will be offered in an amount equal to your liability coverage. For example, if your limits of liability are 25/50/20, you may purchase UM/UIM coverage of $25,000. It is usually inexpensive coverage but can have a significant effect on benefits available to you if you are injured in a car accident. UM/UIM coverage provides additional coverage that will pay benefits to you, in addition to the liability insurance that the at-fault driver carries.
Medical Payments coverage, otherwise known as MedPay, is another option to consider. MedPay pays benefits for medical bills if you are injured in a vehicle or by a vehicle regardless of who is at fault. It provides coverage even when you are riding in someone else’s vehicle or you are a pedestrian or bicyclist hit by a vehicle. MedPay can pay for gaps in other insurance you carry, such as health insurance deductibles, co-payments, or expenses not covered. It is offered in at least $1,000 increments.
Your insurance agent will be able to explain these coverages in greater detail.
The Richard Harris Law Firm is Your Las Vegas Car Accident Lawyer
Our firm’s goal is to protect responsible drivers. While we are not insurance agents, nor do we offer insurance products, we believe it is important that drivers know of changes that will affect their ability to drive and what options are available. Insurance can be a difficult subject to understand, and we believe consumers should make informed decisions regarding insurance coverages available to them. If you are injured in an automobile accident that was caused by another driver’s negligence, we are fully prepared to represent your interests and see to it that you obtain a just and fair settlement from all parties. If you’ve been injured in a car accident through no fault of your own, call our firm to discuss your case at (702) 444-4444.
We held on for our lives during the “Car-nado.” We narrowly escaped the “Big Squeeze.” Finally, “The Main Event” has begun. At least someone at the Nevada Department of Transportation (NDOT) has a sense of…
We held on for our lives during the “Car-nado.” We narrowly escaped the “Big Squeeze.” Finally, “The Main Event” has begun. At least someone at the Nevada Department of Transportation (NDOT) has a sense of humor, even if the results of their efforts haven’t been that funny. These are the names given by NDOT for the various phases of their Project Neon, which is a significant reconfiguration and lane addition to I-15 at and around the U.S. 95 interchange. Phase 3 of this project is being called the Main Event. It begins March 6, 2018, and work will go on until late 2019.
Otherwise known as the Spaghetti Bowl, the I-15/U.S. 95 interchange is the busiest interchange in Nevada, hosting 300,000 vehicles per day, and sees an average of three car crashes per day. The $1 billion Project Neon involves not just this interchange, but also entrance/exit reconfigurations from D Street, just north of the Spaghetti Bowl, to Sahara Avenue on the south. It is estimated that traffic loads at this interchange will double over the next 20 years, and Project Neon aims to prepare the Spaghetti Bowl for that traffic load.
Expect Lane and Exit Closures
Several lane closures and restrictions will take effect when the Main Event gets underway. Here are closures and lane restrictions to expect:
I-15 closures and restrictions
March 6 through November 20
I-15 North and Southbound will be reduced to 3 lanes each direction between Sahara and Washington and reduced to two lanes near the Spaghetti Bowl for 250 days.
March 9-12, April, May, July, August, September
U.S. 95 North and Southbound will be closed over six weekends at the Spaghetti Bowl
Spaghetti Bowl ramp closures and restrictions
Ongoing through December
U.S. 95 Southbound to I-15 North ramp closed for 400 days
March 3 through December
U.S. 95 Southbound to I-15 Southbound ramp reduced to one land and detoured for 250 days
Mid-March through Mid-April
U.S. 95 Northbound to I-15 Southbound ramp closed for 30 days
Local Street Ramp Closures and Restrictions
Charleston Boulevard Ramps
Ongoing through March 2
I-15 Northbound off-ramp to Eastbound Charleston Blvd closed for 30 days
Ongoing through March 6
I-15 Southbound off-ramp to Charleston Blvd closed for 45 days
Ongoing through October 10
Charleston Blvd on-ramp to I-15 Southbound closed for 200 days (alternative Pinto Lane on-ramp opens March 6)
Martin Luther King Boulevard (MLK) ramps
March through December
MLK on-ramp to U.S. 95 Southbound closed for 300 days
MLK on-ramp to I-15 Southbound closed for 300 days
D Street Ramps
March through July
D Street on-ramp to I-15 Southbound closed for 145 days
July through November
I-15 Northbound off-ramp to D Street closed for 145 days
Luckily, Project Neon is about 60 percent completed, and these lane and ramp closures represent a bit of pain in order to get a better planned freeway system in Las Vegas and reduce the potential for accidents, and help drivers navigate this congested area more quickly and smoothly.
Nevada Car Accident Lawyers
The Richard Harris Law Firm is Nevada’s largest personal injury law firm. We have assisted thousands of clients to receive the care and just compensation for accidents caused by negligent and careless drivers. If you have been injured in a motor vehicle accident, through no fault of your own, call our firm today to discuss your case at (702) 444-4444.
You’ve become disabled. You’ve applied to the Social Security Administration (SSA) for disability benefits, and they’ve rejected your claim. Perhaps the rejection letter received says something about insufficient medical proof of a disabling impairment. You’re…
You’ve become disabled. You’ve applied to the Social Security Administration (SSA) for disability benefits, and they’ve rejected your claim. Perhaps the rejection letter received says something about insufficient medical proof of a disabling impairment. You’re pretty discouraged at this point, but take heart; SSA rejects about 60% of initial claims. The SSA knows that a large number of you won’t continue the process because it looks too complex and imposing.
But you’re not one of that large number, you’re re-applying… this time with a lawyer. But no matter how complex and imposing it looks, our Professional Disability Representatives know how the application process works and how to appeal continued rejections to keep your claim alive, and ultimately prevail.
Our firm accepts claims at all stages of the claims process, we can help from start to finish, even if your claim has not been rejected and will assist with completion of all applications and forms needed at each stage of the process. Medical records needed at each stage will be gathered and provided to SSA.
How Do I Appeal a Rejected Claim?
SSA has established a complex maze of rules and regulations in their system of appeals. It is important to have an advocate working for you, who knows this territory well.
The next step in the process is called the Reconsideration Stage. This first level of the appeal process, and is also designed to discourage you. Almost 90 percent of these claims are denied for a second time. There is however, another level of appeals, called the Administrative Law Hearing stage, and at this level, if you persevere, almost 80 percent of claims at this level are approved for benefits.
The Administrative Law Hearing is important, because you will actually have an opportunity to give testimony. You can also bring supporting witnesses, and medical and vocational experts who will testify on your behalf. Your Professional Disability Representative will help you prepare at each level, and help you know what to expect at each level of the appeal process.
While you’re not required to have an attorney or representative with you at any level of the appeals process, having someone there who’s been through the process hundreds of times and who can give advice and encouragement throughout is invaluable. We will appear before the Administrative Law Judge and advocate for you, and even if a rejection is received at this level, there is another level of appeal in the Federal Court system.
What Benefits are Available if I Become Disabled?
Two types of benefits are available under the Social Security Disability program. One is called Social Security Disability Insurance (SSDI) and provides monthly checks to help cover lost income due to the disability. The qualification for this benefit, comes from the years you spent working and contributing to the Social Security System, through payroll deductions. Under SSDI benefits you may also qualify for spouse benefits, or child benefits. We can help you determine which benefits you qualify for.
The other benefit type is called Supplemental Security Income (SSI). SSI is available to claimants who are disabled, and also have less than $2,000 in assets. There is no requirement of work time in order to qualify for SSI benefits. It is based on your disability and lack of income.
The Richard Harris Law Firm helps hundreds of SSD applicants every year.
Our attorney’s and Professional Disability Reps assist with hundreds of applications each year. The reps at the Richard Harris Law Firm have been doing Social Security Disability for years. They know how the appeal process works and will be there every step of the way to guide and advise you through the process. If you have become disabled and are considering having a lawyer represent you with SSA, call us today for a consultation at (702) 444-4444.
According to a June 2017 report in the Las Vegas Review-Journal, animal control in the Valley’s municipalities, has received reports of about 2,500 dog bites per year for the last several years. Many bites are…
According to a June 2017 report in the Las Vegas Review-Journal, animal control in the Valley’s municipalities, has received reports of about 2,500 dog bites per year for the last several years. Many bites are not reported so this number can be assumed to be a minimum. Being bitten by a dog isn’t the most common thing to occur in the Valley, but it happens often enough to be a concern. These reports include everything from minor dog encounters to maulings resulting in fatalities.
Las Vegas had a period in May 2017 when four major dog bites were reported in a one-week period, one of which left a six-month-old baby dead. This is probably an unusual number of serious dog reports in that short of time, but it doesn’t matter to the families of those who were injured. Dog bites result in physical injuries, but also in emotional and psychological trauma for those involved.
Since 2012, fatal dog attacks occur in Clark County at a rate of about one per year. Some of the fatalities are a result of infections from the bite injury itself and may not occur until sometime after the encounter. Regardless, if you have been bitten or attacked by a dog, you may want to know what your legal rights are.
What Laws Govern Dog Bite Liability?
Unlike many states, Nevada does not have a state dog bite statute. Dog bites are governed by local ordinance, common law, and case law regarding liability. In Las Vegas if a dog bites a human and has never bitten or had a history of attempting to bite previously, no legal action will be taken by animal control against the animal’s owner, but the victim of the bite, may sue civilly through a personal injury case.
Nevada’s dog bite liability case law as established in Nevada Supreme Court decision, Harry v. Smith, 893 P.2d 372, 375, allow a dog bite victim to sue the dog owner if negligence occurred. This would be interpreted as the absence of care a reasonably prudent or careful person would exercise in similar situations.
If a Dog has Bitten Me, Can I Sue the Pet Owner?
Yes, if the owner showed negligence in failing to restrain the animal or take preventative measures to keep the bite from happening, especially if the dog has a history of biting or attempting to bite other people. If the dog was declared a dangerous animal, which would happen after the first reported bite, the dog owner has enhanced responsibility for restraining the dog. Since dog bites are governed under a framework of state and local laws, you should hire an attorney to navigate the complex legal territory.
If a dog has bitten you, first visit an emergency room or doctor to clean and suture the wound, if needed. Due to the danger of infection, such as tetanus, much less rabies and other animal born disease, it is important to be treated shortly after the injury. Once you’ve received medical care for the injuries, call our firm and discuss your case with our representatives.
The Richard Harris Law Firm Represents Those who have Been Seriously Bitten by a Dog
If you or a family member has been seriously attacked by a dog, and have suffered serious injury, call our firm today to discuss you case. Our lawyers have successfully represented hundreds of dog bite victims over the years. We are fully knowledgeable in this area of the law and can aggressively represent your rights in a dog bite case. Call or text us today to schedule a no-cost consultation at (702) 444-4444.
Hernia mesh is a material used to repair damage to the muscle wall, usually in the abdominal area. A hernia occurs when the muscle wall develops, weakens and tears which allows the internal organs to protrude. Injury, obesity, constipation, too much exercise, persistent cough, or previous surgery can all contribute to the possibility of hernia. Mesh used during surgery is placed over the herniated tissue and provides strength to the abdominal wall and holds internal organs in place.
Why are People Suing the Manufacturers of these Products?
Over 100,000 hernia surgeries occur each year. Many different mesh products exist, and many patients have the surgery and encounter minimal negative side effects. There appear to be particular types of mesh products that seem to cause more problems than others.
Many mesh products are constructed of processed animal tissue. These products are made to be absorbed by the body over time, and usually don’t present negative side effects, however, once absorbed the same problems which caused the original hernia may manifest themselves and additional hernia surgeries may be required.
Other mesh products are made of synthetics, such as polypropylene. When coming into contact with internal organs, polypropylene mesh has many negative side effects. Manufacturers have begun to coat the mesh with a material to insulate the body from the plastic mesh. These products are called composite mesh, and it is these products which seem to result in the most adverse events.
Due to adverse and painful side effects, patients who have been treated by use of hernia mesh products are suing the manufacturers since they were not warned of the potential for complications before the use of the product.
What are the Negative Side Effects of Mesh Surgery?
Many complications have manifested themselves after thousands of surgeries were performed using mesh products. In some cases, these conditions may not present themselves until years after the surgery occurs. In some cases, the mesh doesn’t seat properly or may become detached from the abdominal wall and may migrate within the abdomen causing damage to internal organs. Some of the side effects patients have experienced include:
Recurrence of hernia
Fistula – organs connecting abnormally
Scar tissue forming adhesions
Migration of mesh
Obstruction of the large or small intestine
How Many Cases are there Currently for this Product?
Many mesh products have been withdrawn from the market, and people are suing the manufacturers for a failure to warn both doctors and patients of the potential side effects occurring. Physiomesh, a product manufactured by Johnson & Johnson’s Ethicon subsidiary, is one of these recalled products. At this point, almost 500 lawsuits against Ethicon exist at the federal level, and cases have been consolidated into a Multi-District Litigation (MDL). Other suits for this product may be working their way through various state courts.
Atrium is another mesh manufacturer with a product called C-Qur mesh. These cases have also been consolidated into a different MDL than the Physiomesh cases. About 30 of these cases exist at the federal level.
What is the Basis of the Lawsuits?
Manufacturers are required to provide safe products to the marketplace, and also are responsible to share known safety issues with their customers. Pharmaceutical manufacturers seem to have an aversion to being forthcoming regarding adverse side effects of their products. When a product injures enough people, the lawsuits begin to mount and, at some point, the manufacturer either has to pay significant punitive damages, or may be exonerated if the case can’t be proven.
In the case of hernia mesh, manufacturers knew, or should have known prior to marketing these products, that there were significant potentials for serious adverse events, and should have updated sales literature accordingly.
Richard Harris Law Firm is Nevada’s Hernia Mesh Lawyer
If you have had hernia surgery that made use of a hernia mesh product and have experienced any of the symptoms outlined above, you may qualify for compensation. We are investigating lawsuits throughout the state, where Nevada citizens have been injured or suffered pain as a result of a hernia mesh product. Call our office today to discuss your potential case at (702) 444-4444.
If it were, the traveling salesmen of yesteryear would be envious. Testosterone Replacement Therapy (TRT) treatments have generated billions of dollars in revenue, with estimates of over $5 billion in 2017 alone. These products are…
If it were, the traveling salesmen of yesteryear would be envious. Testosterone Replacement Therapy (TRT) treatments have generated billions of dollars in revenue, with estimates of over $5 billion in 2017 alone. These products are manufactured and marketed by several manufacturers who have promoted the products with claims of increased energy, improved muscle mass, and enhanced sexual performance, among others.
We discussed testosterone replacements treatments on this blog over a year ago. Since then, much has occurred with over 6,500 federal level cases regarding various TRT products. The federal cases have been consolidated into a Multi-district Litigation (MDL), and some of the early trials, also known as bellwether cases, have awarded extremely large settlements.
There are additional trials against these products and their manufacturers at the state court level in many states throughout the U.S. One of those trials in Pennsylvania has settled prior to trial commencement. Defendants evaluate the results of the early trials to determine whether to settle or proceed to trial. Auxilium Pharmaceuticals settled in early January 2018 on a claim against their product Testim for allegedly causing a stroke for a user of that product.
Eli Lilly, has reached a global settlement in all outstanding federal cases for their product, Axiron, prior to their first trial commencing. The previous early trial results have apparently prompted the company to settle rather than face upcoming trials. Details of this settlement are not yet known, but as of December 21, 2017, Eli Lilly and the nearly 500 plaintiffs who filed claims for Axiron complications, have been granted a 45-day stay for the parties to reach a Master Settlement Agreement.
Early Trial Results
The early trial results are mixed, but juries have awarded several large settlements so far:
In the first federal bellwether trial, a jury awarded the plaintiff $150 million in punitive damages against AbbVie Inc., for their product Androgel. The judge set this result aside, and ordered a new trial since the jury awarded no compensatory award to the plaintiff. Compensatory damages are awarded to compensate the plaintiff for medical and other expenses associated with the injuries suffered, and punitive damages are awarded to punish the defendant for wrongdoing, and most civil cases of this type award both. The new trial has not commenced at this point.
In the second federal bellwether trial against AbbVie’s Androgel, the jury awarded $140 million in compensatory damages, and added $140 million in punitive damages against Abbvie for recklessly endangering the lives of users of Androgel. The judge president over this trial has ruled that evidence in this trial may be used in future trials. Additional trials against AbbVie are scheduled in 2018.
A jury in the third federal level bellwether case found in favor of Auxillium and cleared the company of liability in causing the heart attack of a user of Testim. Cases included in the MDL will settle based on the merits of the individual cases, and other trials against Auxilium and Testim are scheduled to commence in 2018.
More bellwether trials are scheduled against these, and other manufacturers of TRT product in 2018.
The Richard Harris Law Firm is Nevada’s Testosterone Therapy Injury Lawyer
The risk of cardiac events have been known as a possible side effect of testosterone treatments for several years. Studies continue to find this correlation, and one study reported in the New England Journal of Medicine (NEJM) in 2009 of 209 men with a mean age of 74, had to be disbanded due to adverse cardiac events in the study participants.
Early trial and out-of-court settlements seem to favor the users of the products in making valid claims of injury due to use of these products. If you have been prescribed a testosterone replacements product, and later suffered cardiac problems, such as blood clots, heart attack or stroke, you may be entitled to compensation for your injuries. You have a limited time to file as pharmaceutical companies are beginning to settle. Call us today to discuss your situation and our lawyers will review your potential case, at (702) 444-4444.
If you are the victim of an accident, and have retained the services of an attorney, you will certainly be under the care of a medical provider. You and your doctor will almost surely be dealing with managing pain resulting from the injuries and, depending on the level of pain, may be prescribed an opioid for treatment. A new Nevada law that took effect January 1, 2018, may have an impact on those efforts.
In an effort to address the growing opioid crisis effecting Nevada and the nation, the 2017 Nevada Legislature passed AB 474, otherwise known as the Controlled Substance Abuse Prevention Act, which places additional responsibilities upon medical providers and patients when prescribing opioid medications especially for long term chronic pain. Governor Brian Sandoval states: “This measure is one step in the State’s comprehensive efforts to curb the prescription drug abuse health crisis currently plaguing communities across Nevada.”
Dr. Dan Burkhead, a local pain management specialist, who worked with the governor’s office to implement the new law says, “It just provides a platform by which the provider can really have an in-depth discussion with the patient as to whether the use of a controlled substance is truly necessary, or whether there are alternatives.”
How will the new law affect treatment of my injuries?
If you’re not being prescribed a controlled substance for pain, it won’t affect you at all. However, if the pain is of a sufficient level that opioids or other controlled substances are required for treatment, the protocols for prescribing have changed.
For a first-time prescription of a controlled substance, the new law requires that you have a bona fide doctor/patient relationship before a prescription for a controlled substance may be written. Your doctor will have to establish a preliminary diagnosis and treatment plan and perform a risk assessment with you prior to prescribing a controlled substance for pain treatment. You will be required to sign an informed consent agreement stating that you understand the risks and benefits of using the controlled substance.
Your initial prescription will be for 14 days. In order to extend the prescription to one month or more, you will be required sign a Prescription Medication Agreement with your doctor consenting to random drug testing, agreeing to use the medication only as prescribed and not sharing it with anyone else, and disclosing to your doctor any other prescriptions being taken.
After 90 days, your doctor will be required to provide an evidence-based diagnosis as to what’s causing the pain, and complete a risk-of-abuse assessment. This will be done for any subsequent 90-day period. Doctors are prohibited from writing more than 365 days’ worth of prescriptions to the same patient in any 365-day period.
Reactions to the New Law Mostly Positive
Physicians are required to handle more paper work to fulfill state reporting requirements under the new protocol. While most doctors are supportive of the objectives of the law, some worry that it could limit a legitimate pain patient’s access to getting appropriate care. Las Vegas doctor, Daliah Wachs explains, “The average medical doctor does do an exam. They do screen for abuse. And the average person overdosing is not the person that received a medication because of a pleomorphic adenoma.”
There have also been scattered reports of patients having legitimate prescriptions and all required paperwork in order, but have been unable to have prescriptions filled at their local pharmacy. There is a concern that the complexities of the new law may drive pain sufferers to the black market, which is the opposite of the law’s objectives. Lawmakers are continuing a dialog with concerned doctors and adjustments may be made to the law as needed.
Richard Harris Law Firm is Nevada’s Premier Personal Injury Accident Attorney Firm
Our firm will be watching with interest as this new law goes into effect. Our concern is the wellbeing of our clients, and will work aggressively and diligently to obtain fair and just settlements for our client who have been injured by the negligence of others. If you have been injured in a car accident, slip and fall, or work accident, call us today to discuss your case at (702) 444-4444.
A jury in Philadelphia has awarded a total of $28 million to Lynn Hartmann in her case against BayerAG and Johnson and Johnson (J&J), and its subsidiary Janssen Pharmaceuticals, over the false and misleading marketing…
A jury in Philadelphia has awarded a total of $28 million to Lynn Hartmann in her case against BayerAG and Johnson and Johnson (J&J), and its subsidiary Janssen Pharmaceuticals, over the false and misleading marketing and failure to warn patients and doctors of the negative, and many times fatal, side effects of the drug Xarelto (rivaroxaban). Hartmann’s case maintained that she suffered severe gastrointestinal bleeding as a result of using Xarelto. The manufacturers have announced plans to appeal the verdict.
Federal level lawsuits against the drug’s manufacturer, J&J, number over 19,000 as of December 2017, and have been consolidated into a Multi-District Litigation (MDL). While three previous trials resulted in findings for the drug manufacturer, the most recently concluded trial resulted in an award of $1.8 million for the plaintiff, with punitive damages against Bayer and J&J of $26 million.
Xalerto is an anticoagulant, used to reduce the risk of blood clots and strokes in patients prone to atrial fibrillation not due to a heart valve problem. It was approved by the U.S. Food and Drug Administration (FDA) in 2011, and was designed to replace the then dominant anticoagulant drug, Coumadin, or its trade name, warfarin.
Users of warfarin were required to obtain monthly medical evaluations to ensure the dosing was sufficient to be effective, and that bleeding risks were within a controlled range. Xarelto is being marketed on the premise that these monthly evaluations are not needed. In reality, there is no need for a monthly evaluation with Xarelto because there is no antidote for its effects.
All blood thinners increase the risk of bleeding. Taking Vitamin K, effectively providing an antidote to the anticoagulant effects of the drug, could reverse this effect of warfarin. Xarelto and other modern anticoagulants, such as Pradaxa, are in a class of drugs known as direct thrombic inhibitors. These modern medications have no antidote, which means if unexpected bleeding should occur, there’s no way to stop it.
Within months of Xarelto’s release, problems resulting from use of the drug became apparent. Lawsuits were filed by patients, or their surviving families, and stated no warning was given, either to the patients or their medical providers, that Xarelto could cause uncontrolled bleeding and that no antidote existed.
This is particularly dangerous with internal bleeding that may not be obvious, such as gastrointestinal (abdominal) and intracranial (brain) bleeding. Xarelto’s side effects may include nosebleeds, brain hemorrhage, retinal hemorrhage, intracranial bleeding, abdominal and intestinal bleeding, and rectal bleeding.
Patients using the drug should seek immediate treatment for red, pink or brown urination; headaches, weakness, or dizziness; bright red or black, tarlike stool; heavier than normal menstrual bleeding; unusual bleeding of the gums; coughing up blood or blood clots; or frequent nose bleeds; wounds that won’t heal; among other symptoms. Talk to your doctor to obtain all the warning signs.
Controversial FDA approval
Central to the legal arguments in many of the cases is J&J’s use of the so-called Rocket AF study during the FDA approval process. This study found Xarelto was more or less equivalent to warfarin in the prevention of stroke and embolism, but it did not increase bleeding rates. Cases have questioned the statistical methodology used in the study, and have alleged the device used to measure the International Normalized Ratio (INR) was defective, and returned erroneous data which favored Xarelto.
Numerous studies since Xarelto’s approval have shown the risk of internal bleeding increases dramatically when using the drug. In 2016, the Centers for Disease Control (CDC) published a study that found “anticoagulant drugs accounted for more emergency department visits for outpatient adverse effects than any other class of drugs,” and that these adverse events were severe, with nearly half of the ER visits resulting in further hospitalization.
The Institute for Safe Medication Practices (ISMP), a pharmaceutical watchdog agency, in their 2017 Annual Report found oral anticoagulants are the top risk for acute injuries of all drugs used in the United States.
In 2014, the FDA issued its strongest regulatory action against J&J and Bayer, requiring the manufacturers to include a “black box” warning on the labels of Xarelto warning patients of the increased risks associated with use of the drug.
The Richard Harris Law Firm is Your Xarelto Injury Lawyer
Our firm has been watching the increase in cases filed and the results of Xarelto cases with great concern. We believe there are obvious problems associated with the use of the drug. If you have been prescribed Xarelto and have suffered from the side effects, which include uncontrolled bleeding or complications with wound healing, call us today to discuss your case at (702) 444-4444.
[caption id="attachment_3130" align="aligncenter" width="1024"] Personal Injury Law Firm Las Vegas, NV[/caption] Recreational use of marijuana was made legal in Nevada as of January 1, 2017. The problem for many is where do you use it?…
Recreational use of marijuana was made legal in Nevada as of January 1, 2017. The problem for many is where do you use it? It’s currently illegal to consume marijuana in public, or in casinos or hotels. The only place where it is currently legal to use is in your own home. Unfortunately, this doesn’t help tourists and others, who may come to Las Vegas for the chance to purchase legal weed.
However, pot proponents were pleased to recently learn that the Nevada Legislative Counsel Bureau, the state legislature’s lawyers, released a legal opinion stating that they find nothing in Nevada law that would prohibit marijuana lounges.
Brenda Erdoes, of the Legislative Counsel, states: “It is the opinion of this office that a business may establish and operate a lounge or other facility or special event at which patrons of the business are allowed to use marijuana.” However, the opinion states that only licensed dispensaries can sell marijuana, and leaves it to local jurisdictions to regulate businesses such as marijuana lounges.
Is there any other place in the U.S. where pot bars are legal?
If such venues were opened in Las Vegas, it would be the first locale in the United States to do so. Even in other states where recreational use has been legalized, there are no established public places where consumption is allowed.
Denver, Colorado, opened the door to allow for opening weed lounges, when Denver voters approved a ballot measure in November 2016. Denver started taking applications for social consumption permits in August, but no weed lounges are expected to open until the city approves regulations for these businesses, which is not expected to happen for at least several months.
The paradox for a state to legalize a federally illegal substance
Many local regulators have stated that they are in favor of setting up local weed bars, but have been slow to move forward with regulations. Clark County Commissioners have discussed the issue, but questions remain, such as, who can operate a lounge, where can they be located, will they require specialized ventilation systems, and where would the product come from.
Governor Brian Sandoval has stated opposition to pot lounges, due to the possibility of attracting attention of federal regulators. Under federal law, marijuana is still considered a DEA Schedule 1 prohibited substance. Governor Sandoval stated, “I think that this might invite more (federal) scrutiny with regard to the sale of recreational marijuana.” U.S. Attorney General Jeff Sessions has already stated his opposition to legalized marijuana.
Local officials appear to have considered Governor Sandoval’s statements carefully. Clark County Commissioner, Chris Giunchigliani, who is in favor of opening pot bars, said, “I’m not so much worried about being first. We don’t want to do anything that puts a bull’s-eye on our heads.” Other local officials have emphasized the need to carefully regulate, in order to “do it right.”
At this point, with local governments moving slowly to enact regulations to establish marijuana use businesses, it remains to be seen when, or if, Nevada might be the first locale to open bars for pot use, or whether it will happen in the foreseeable future.
Police Enforcement of Traffic Safety Laws
In the meantime, local police agencies have repeatedly stated that they will continue to enforce impaired driving laws. Nothing has changed in regard to the use of pot, or other drug or alcohol use, and then driving a motor vehicle. Police have been trained to spot drivers who are high or drunk and will continue to use that training to get impaired drivers off the road.
We sue drunk (and high) drivers.
Nevada laws are strict with regard to drivers who are impaired while driving. Those charged with DUI in our state must serve jail or prison time, pay increasingly high fines, give up driving privileges for a period of time, install ignition interlock systems in their vehicles, among several other punishments for violation of these laws. If you have been injured, or if a loved one was killed because of the negligence of a drunk or high driver, call us today to discuss your case, at (702) 444-4444.