Nevada Personal Injury Legal Questions

When you are injured on the job, you need to report it to your employer so you are covered by worker's compensation insurance. You need to report both incidents to your employer immediately and make claims for your injuries. You may already be too late, but may have appeal remedies if your employer had not instructed you on reporting.... Read Answer

I am very sorry for your loss. Only the State, through the DA's office, can decide what charge or charges to bring against a defendant. The Judge can sentence the defendant to more time than the DA recommended, up to the maximum allowed, but cannot change the charges. There is nothing you can do regarding the criminal prosecution other than complain to the head District Attorney. That won?t change anything on the criminal case. You can, of course, sue the defendant for monetary damages for wrongful death. This is what happened in the O.J. Simpson case. After the jury acquitted him in the criminal case, the victim's family sued him in a civil matter and got a reward of millions of dollars. It won't bring your son back, but might bring you some satisfaction.... Read Answer

For a personal injury lawsuit, you need to establish negligence (fault) and damages. From the facts you have given, you can easily prove negligence. But, unless you get sick enough to require medical attention leading to expenses, it will be very difficult to establish damages. If you don't get sick, count yourself lucky. If you get sick, seek medical attention and keep copies of all the bills.... Read Answer

First, to have standing to sue, you must be a next of kin or administrator of the deceased's estate. Second, you must have the opinion of a physician/surgeon in the same area of practice that performing this surgery was malpractice. The physician/surgeon expert must be willing to put this in an affidavit, including that the malpractice actually resulted in the death. Third, you will need all the medical records for the expert to review, and you only have ONE YEAR to get a case on file. Fourth, obviously the patient consented to this surgery and signed documents wherein the risks were outlined. My guess is that the risk of infection, up to and including possible death, was in the consent form the patient signed. The patient chose this elective surgery, despite knowing the risks. As such, your expert will need to explain how/why what happened was outside the scope of normal risks and could have only happened due to conduct below the standard of care (malpractice). You would do well to consult with an attorney who handles these types of cases. They are very expensive to pursue, and the damages are likely capped at $350,000 out of which attorney's fees and costs need to be paid before the remainder can be divided to those who stand to inherit. Our tort reform laws have made these cases very, very difficult to pursue.... Read Answer

If they have no money, it is probably not worth suing. Let your insurance company handle it and go after them to get back your deductible. Suing someone successfully only gets you a piece of paper that says they owe you money. Then you have to try and figure out how to collect it . . . all the while spending your time and more of your money with no guarantee of ever getting it back. You may want to look into filing a police report and providing them with the information that the insurance was not in effect. You can do a station report (or look into an online report).... Read Answer

If, as you say, the driver had a green light, it will be difficult for you to prove that the driver was negligent. You could still do o, however, if you can establish that he should have seen and avoided you but failed to do so due to his talking on a phone. You could contact a personal injury lawyer, or make a claim on the driver?s insurance policy.... Read Answer

Slip and fall cases are, by their nature, difficult. First, you must be able to prove negligence on the part of the property owner/occupant. Negligence could be defined as the failure to use REASONABLE care; the owner is not a guarantor. To do this, you must be able to prove that the owner put the slippery substance there, or that they had prior knowledge of the hazard and failed to take care of it promptly. Second, they will claim comparative fault, meaning that you had a duty to watch where you were walking, and thus are partly at fault. The result is that most lawyers are reluctant to take a slip and fall case unless there are substantial damages, and there are at least some arguments to be made on the question of fault.... Read Answer