Nevada Personal Injury Legal Questions

The standards of care for medical and health care providers are frequently litigated in the State of Nevada.  If you believe that her fall was the result of the health care provider failing to take reasonable and necessary precautions, your mother should speak with an attorney regarding preserving her rights.... Read More

Your question does not specify what you believe the property owner did wrong to create the hazard which you allege caused your injury. In Nevada, a proprietor owes an invitee a duty to use reasonable care to keep the premises in a reasonably safe condition for use. Elko Enterprises v. Broyles, 105 Nev. 562, 565, 779 P.2d 961, 964 (1989). Merely because there is a slip on the property does not prove negligence by the property owner or that any such negligence caused the slip and fall. The Nevada Supreme Court has recently refined the standard for premises liability in Nevada in Foster v. Costco, 291 P.3d 150 (December 27, 2012). The new standard is based on the general duty of reasonable care: a land possessor owes a duty of reasonable care to entrants on the land with regard to: (a) conduct by the land possessor that creates risks to entrants on the land; (b) artificial conditions on the land that pose risks to entrants on the land; (c) natural conditions on the land that pose risks to entrants on the land; and (d) other risks to entrants on the land when any of the affirmative duties are applicable. While there is the possibility if the claim is small enough that the homeowners insurance policy may pay the de minimis value of the claim just to close it, liability centers on what the homeowner did wrong in creating or not abating a risk.... Read More

You might have a malpractice case. Consult with a competent lawyer. ER's are only required to stabilize a condition and refer the patient to a doctor that specializes in that condition. Sometimes the swelling after an acute injury prevents the bone fragments from separating enough to show up on xrays. It is not necessarily standard to send something like this for an MRI or a CT scan. So, you would need an expert that says that it should have been done.... Read More

You should apply to the responsible no-fault carrier (likely your carrier, assuming you were insured at the time of the crash) for work loss benefits. That carrier is responsible for up to 85% of your work loss benefits (up to a statutory maximum) for the first three years following the crash. You have one-year deadline to apply and, maybe, to bring a lawsuit for those benefits, beginning from the date of the crash, so be sure to act immediately or, if you have other questions, consult with an attorney.... Read More

I certainly can't comment on what the video seems to show without having seen it. The casino people see what they want to see. In order for your wife to bring suit, she has to be able to prove that she fell due to some dangerous or defective condition of the floor. Does she have any such evidence? Also, if the casino is on Indian reservation land, she can't bring a legal action in any event. If it is LV or AC, the casino owners have big bucks which they can use to have their lawyers defend against your lawyers.... Read More

Yes, the wife can sue for loss of consortium lack of physical and emotional support, fellowship, sex.- if it were a non-work related injury, but the only remedy for a work place injury is Workers' Compensation and only the injured worker can bring a claim. WC is a trade off.the employer has to pay benefits even if they are not negligent, which normally is the situation, and the employee only can get WC benefits.... Read More

If you knew that they were painting, it does slightly hurt your case because even though there was no sign, you were aware of the risk. It does not however completely bar your claim. It would be recommended to include all parties involved, including the management company, because otherwise the paint company can simply seek to be indemnification from the management company.... Read More

You will need an attorney in Utah; therefore please understand that this response is limited to Nevada law.  You may have a claim based upon the standards to which the handicap ramp was constructed and maintained.  Ramps have strict criteria in their design and construction and must be built to Code.  Likewise handicap ramps are generaly part of the maintenance obligations of any commercial premises.... Read More

Horse manure. There is no constitutional right to drive a car. You may have the right to travel throughout the country, but that means walking, taking a bus, taking a taxi, riding a bike, using a skateboard. If you intend to operate a motor vehicle on a public roadway, you need permission from your state of residence. No permission, no driving period. If you get a license (permission from the state to use the roadways with a motorized vehicle), and then you prove not competent to continue to use the roadways (speeding, reckless driving, acting stupid and irresponsible), then your permission can be restricted or permanently revoked. There are some people out there who get their legal information on lavatory walls, or in graffiti spray painted on the sides of buildings. That legal information is not correct.... Read More

When you receive either lost wage benefits, or medical benefits from a third-party payor, such as short term disability and/or health insurance, you are obligated to repay all or a proportional portion of those benefits if you have also received them in the settlement of your accident case. It is called subrogation.... Read More

Yes. Take the SOB to court. Charge him criminally, and prosecute him. Then sue him civilly for your bills and your pain and suffering. In the meantime, dump him. You do not need anyone like that in your life. Having Asperger's is a problem, but it does not mean that you are crazy. You were crazy for getting involved with him, but now you are no longer crazy, because you are getting rid of him.... Read More