Nevada Car Accident Legal Questions

Medicare and Medicaid are allowed a subrogation lien on any settlement proceeds relating to the injury that they paid benefits on your behalf. This is a super lien meaning that the attorney handling the case will be personally liable if he doesn't protect the Medicare lien. However if your Medicare treatment did not relate in any way to your accident case then there should be no lien. Discuss in detail with your attorney who is handling your case. If you are not represented then you should seek representation immediately. ... Read More

Hello, Thank you for submitting your question. In order to properly evaluate you potential claim, you will need to provide more specific details related to the accident and the extent of your injuries. Please contact our office @ 702 734 3936 to speak with one of our staff. Thank you... Edward J Achrem & Associates, Ltd. ... Read More

He can sue you for the damages, and he could tell the police that you had no insurance at the time. If he threatens to tell the police if you don?t pay him, that would be extortion and you could sue him. Your best bet is probably to offer a small settlement, depending on the amount of damages and on your personal finances. You may want to contact a lawyer to help you, again depending on the amount of damages and your personal financial situation. If you have little in assets and income, he can?t get much from you.... Read More

While you could file an Opposition to the Motion, or appear at the hearing on the Motion to Withdraw (if there is one), your best course of action is simply to find counsel with which you can work and work with your former counsel to see to it that your file is released to your new attorney.... Read More

Your insurance company cannot waive your rights to pursue your claims as against the other driver (and indirectly his insurance).   If you believe that the other driver was at fault (and so long as you have not signed a release or waiver of claims), you are free to pursue your claims.... Read More

Based upon the facts as you have represented them, liability for the accident appears relatively undisputed.  The issue is going to be one of not whether you can get a Judgment saying that the other driver is responsible for your damages but whether the other driver has any money.  If the other driver has no money, you would be faced post-judgment with (a) an uncollectable judgment which you could hang on your wall or (b) the other driver filing bankruptcy and discharging your entire Judgment.  This does not mean definitively that the other driver would do either of these things; however a penniless defendant does make collecting difficult.... Read More

Based upon the facts which you have alleged, it is difficult to determine who was at fault or if everyone was at fault.  Questions will focus on who (if any) had stop signs, the reasonableness of speed and attention (the cell phone usage) under the circumstances of a school zone. ... Read More

Without speculating as to the reasoning why a judge may have made an evidentiary ruling,  NRS 52.015 requires authentication or identification of records as a condition precedent to admissibility.  One way to obtain such records is to subpoena the Custodian of Medical Records and to have such authenticated records produced to the clerk of the court issuing the subpoena a true and exact photographic, electrostatic or other acceptable copy of the original record authenticated; the copy must be authenticated by an affidavit signed by the custodian of the medical records verifying that it is a true and complete reproduction of the original medical record and that the original record was made at or near the time of the act, event, condition, opinion or diagnosis by or from information transmitted by a person with knowledge in the course of a regularly conducted activity. NRS 52.325.   The records are kept in the custody of the clerk of the court and not be opened except pursuant to the direction of the court during the trial of the case, for the purpose of discovery as provided in NRS 52.365, or upon special order of the court. NRS 52.335. ... Read More

The agreement between an attorney and the client is largely a product of the private agreement between the attorney and the client, subject to a few restrictions under the Rules of Professional Conduct.   Pursuant to NRPC 1.5(a), attorneys are prohibited from collecting "an unreasonable amount for expenses."   The basis of the expenses for which the client will be responsible shall be communicated to the client, preferably in writing, before or within a reasonable time after commencing the representation.  Any changes in the basis of expenses shall also be communicated to the client. NRCP 1.5(b).  If the fee is contingency, the agreement must be in writing and signed by the client and must state (amongst other things) (1) whether litigation expenses are to be deducted from the recovery and whether such expenses are to be deducted before or after the contingent fee is calculated; (2) whether the client is liable for expenses regardless of outcome; and (3) that, in the event of a loss, the client may be liable for the opposing party's attorney fees, and will be liable for the opposing party's costs as required by law.... Read More

While I am not familiar with your specific case, most likely the insurer is seeking a waiver from your husband of any of his derivative claims (such as loss of support, loss of consortium, etc.).  You can state that you are unwilling to settle on the terms specified by the insurance company, in which case there will be no settlement and you will be free to pursue your claims.... Read More

You all have the right to use the vehicle. You are all owners. You cannot restrict her use as she cannot restrict your use. Now if you have a contract, which you can claim you have an oral contract that says our co-signing was conditional on your not extending your use to anyone but one of us, well then you can enforce such a contract. And oral contracts are valid in Washington, if acted upon within one year of the making unless there has been some form or compliance with the contract that might extend the time limit to sue on the contract. You did not say how long this arrangement has been going forward.? If it is more than one year, the failure to commit the agreement to writing may have voided the terms. I doubt you can restrict her from using the vehicle.? But you can also take the vehicle to use it, particularly if she intended to allow someone else to use it not any of you.... Read More

You can file suit against a tortfeasor so long as you have never signed a Release or Settlement Agreement or in any manner released your claims as against a tortfeasor.  There are even exceptions to this rule.  You should talk with an attorney regarding having any and all documents reviewed so that you are aware of your rights.... Read More

In most instances, medical providers and chiropractors have you sign a contract for services in which you agree to be financially responsible for any services provided, regardless of insurance coverage.  In many cases, medical providers will give you the courtesy or keeping you updated on discussions with your insurance but are under no contractual obligation to do so.  You can discontinue treatment and work with the chiropractor on resolving the outstanding bills.  If you believe that you will be pursuing the tortfeasor, you can also ask the chiropractor to treat you on a medical lien.... Read More

Well, there is the proper answer, or there is the practical answer. If you tell the truth, your relationship with the girl is over. However, since she allowed her step dad to use YOUR car without YOUR permission, I am not sure that this is the girl for you. So, make your choice. In either event, start looking for another girl.... Read More

As a client, you are entitled to information regarding your matter from your Counsel.  The question of how much was received in settlement is clear: you are entitled to know (and approve) any settlement in your matter, to be provided an accounting of the settlement, any fees retained by Counsel, costs paid and the amounts due to you.  You are entitled to have settlement sums timely released to you (so long as there is no dispute over liens and charges).... Read More