Nevada Personal Injury Legal Questions

An attorney cannot wrongfully deny you your settlement monies once the attorneys' fees have been resolved.  However an attorney does have a duty to medical providers who treated you under lien to not release the monies to you until the lien claims are resolved.  The easiest course of action is for the attorney to interplead the monies into the Court and to allow the medical providers and you to come make your respective claims to the remaining monies.... Read More

It is time to talk to your parental unit. The best advice at this time is to not answer anymore questions. Even if your friend's father starts talking, he was not there and his statement does not make the case. The case is made when you make a new statement. But, making that new statement means a new crime which is making a false statement to a police officer. There is no reason for you to take on an additional crime. So, have your parents hire a lawyer. Reduce your stress. Remember, the only fish caught is the one with the open mouth.... Read More

No.  Under the Nevada Rules of Professional Conduct 1.15(d), an attorney is required to promptly remit to you settlement monies. (d) Upon receiving funds or other property in which a client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by the client or third person, shall promptly render a full accounting regarding such property. Many times a dispute arises between the attorney and client over the appropriate fees to be collected and charged, at which time the Attorney will hold the monies in trust pending a resolution of the dispute.... Read More

You did receive court papers, or at least someone claims to have served the papers on you, and then filed a notarized affidavit attesting to it. You need a competent lawyer to determine if the party suing you complied with all of the rules, and if not, if the time period has not elapsed, your lawyer may be able to petition the court to set aside the judgment and quash the garnishment. You cannot get a garnishment on an accident claim until after a judgment was rendered against you... Read More

The statute of limitations for such a claim would generally be three years, so you are within the time allowed by law to bring this claim. In order to prevail, however, you would need to prove that the anesthesiologist was negligent and that you were damaged because of the negligence. If you've not done so already, you need to seek treatment for your injuries and be sure that your medical records clearly document your injuries. The responses provided on this site are intended for informational purposes only and should not be construed as providing legal advice regarding an individual situation. No attorney-client relationship is created between the reader and Kirk D Miller PS.... Read More