Vehicle Accidents
Car Accidents
If you or someone you know has been injured in an accident, see a doctor immediately. If the other driver was at fault in the accident, that driver and his or her insurance company may very well be responsible for paying ALL of your medical expenses, the damage to your vehicle, your pain and suffering, any permanent disability, future medical treatments you may need and any loss of wages or damages to make you whole again. There may also be other insurance available to pay for medical bills, such as medical payment coverage ( i.e. "med pay" ) on your own insurance policy. You should also know that Nevada law protects you when you use your own med pay in two very important ways.
First, when your claim is resolved, your insurance company cannot seek reimbursement from your settlement for the money it had to pay on your behalf. Second, your insurance company cannot raise your insurance rates, as long as you were not at fault in the accident. Ultimately, this means more money to you. For most people, increasing their med pay coverage is very beneficial.
In addition to recovering damages for your own injuries, if you were married at the time of the accident, your spouse may also be entitled to make a separate claim for loss of consortium because of the negative effect the accident had on your relationship. Sometimes, the other driver has limited, or no insurance coverage on his or her vehicle at the time of the collision. However, if you carry Uninsured/Underinsured coverage ( i.e., UM/UIM coverage), you can still receive full compensation for your injuries. For example, if the value of your claim is $100,000 and the other driver only has a $50,000 policy, but you have $50,000 in UM/UIM coverage on your policy, you can receive full compensation for your injuries. In fact, your own insurance company is obligated to investigate the claim and to pay the full UM/UIM benefits, even if the other driver's insurance company refuses to do so. Oftentimes, insurance companies will attempt to obtain a recorded statement from you after the collision. Be advised, however, that this is for their benefit, NOT yours. Speak with an attorney first.
Because the circumstances in each collision are different, do not delay in consulting an experienced attorney to learn more about your legal rights and how those rights can best be protected. Edward J. Achrem & Associates provides a free initial consultation if you have been injured in an accident. Most of the time, we can tell you over the phone whether or not you have a good case. Protect your rights and call us. We also provide legal representation in both Nevada and California.
Motorcycle Accidents
While most drivers are trained to look for other vehicles, oftentimes they will miss a motorcycle or bicycle. If the other driver was at fault in the accident, that driver and his insurance company may be responsible for reimbursing you for reasonably necessary medical expenses, for your pain and suffering, any lost wages as a result of the accident, as well as other reasonable damages. There may also be other insurance available, such as medical payment ("med pay") coverage on your own insurance policy, or Uninsured/Underinsured ("UM/UIM") coverage, which can be used to pay for medical expenses from the accident and to compensate you for your injuries. However, don't delay in seeking medical treatment. Also, be wary about giving a recorded statement to the other driver's insurance company, as they are obtaining the statement for their benefit, not yours.
Some years ago, Mr. Achrem handled a case where a motorcyclist was traveling down Boulder Highway at night and came upon a construction site where traffic was being moved around it. However, because the contractor had failed to remove the original white line, the motorcyclist continued straight until it was too late. In the resulting impact with a concrete barrier, most of the flesh from this man's right leg was ripped off by a piece of rebar that was sticking up. The motorcyclist ended up in an uncovered, deep hole at the construction site until he was finally able, on his own, to summon assistance. The case was ultimately settled before trial for hundreds of thousands of dollars.
Bicycle Accidents
When you have been injured in a bicycle accident in Nevada, you have the same rights as if you were operating a motor vehicle. If you also own a car or truck that was insured at the time of the collision, you may have medical payment coverage available to pay all of your medical expenses from the accident. If the other driver was at fault, his or her insurance company may also be responsible for reimbursing you for your reasonably necessary medical expenses, your pain and suffering, emotional distress, any lost wages as a result of the accident, as well as other damages, such as repairs to your bicycle. However, don't delay in seeking medical treatment. All accidents are different. As soon as possible after the accident, get to a doctor for your medical treatment and consult with an experienced attorney to determine what your legal rights are.
It is important that witness statements are promptly obtained, video footage of the accident scene taken whenever possible, and a full investigation of the occurrence initiated early on. The unfortunate reality is that the insurance companies for the person who caused the accident will investigate accidents very quickly and work on "damage control." The adjuster who is assigned to the claim will also try to contact you as soon as possible to obtain a recorded statement. You are NOT obligated to give such a statement, and in almost every case, you should not give one. Recorded statements are for the insurance company's benefit - not yours.
While most drivers are on the lookout for other vehicles, they generally do not pay as much attention to bicyclists, or people on motorcycles. Additionally, accidents involving people on bicycles and motorcycles are almost always more serious, since they have far less protection than people occupying motor vehicles. Before you provide a statement to anyone after an accident, consult with an experienced personal injury attorney first. At our law firm, the consultation is always free and your rights can be protected by someone who knows how.
Aviation Accidents
The Federal Aviation Agency ("FAA") is responsible for regulation of aviation, including aircraft safety. As with automobile accidents or injuries sustained in the home, if you or a loved one has been injured in an airplane accident, or if a person has died in a crash, you or that person's heirs may be entitled to substantial compensation for the injuries. Due to the complexity of the issues, such as the possibility of an insurance clause limiting the potential liability of the insurer in case of death or injury (which oftentimes violates public policy and are not enforceable) it is important that you consult with an experienced attorney to determine and protect your legal rights. Aviation law is a complicated area, and with ever-changing laws, rules and FAA regulations, the services of an experienced attorney are strongly recommended.
Passengers & Pedestrians
If you or someone you know was a passenger in a vehicle involved in a collision, or if you were a pedestrian hit by a car or truck, you should immediately seek medical treatment to determine the nature and extent of your injuries. You should not delay seeking medical treatment while waiting to determine who will pay for your medical care. As a passenger or pedestrian, there are a number of sources available to pay for your medical treatment and to compensate you for other damages that you may have incurred, such as pain and suffering, emotional distress and lost wages.
First, as a passenger, the driver of the vehicle in which you were riding may have a provision in his automobile insurance policy called "medical payments to others." This is sometimes referred to as "med pay" and allows your treating physician to bill the insurance company directly for your medical care. The driver of the vehicle may also have been totally, or partially at fault for causing the accident, and he and his insurance company might be required to pay for your personal injury damages. In addition, if all vehicles and drivers were uninsured, or had insufficient insurance to fully compensate you for your injuries, a claim can be made against your own insurance company, through the uninsured or underinsured motorist provision contained in your policy. Where there is no insurance to be found and you've been seriously injured, our firm can also make arrangements with doctors on your behalf to provide you with medical treatment on a lien basis.
In a very recent case handled by Mr. Achrem, in which a bicyclist suffered a severely-broken wrist when she was cut off by a careless driver. Mr. Achrem was not only able to settle her claim against the adverse driver for his policy limits of $25,000, but he also obtained an additional $100,000 for his client by filing a UIM claim with her own automobile carrier. He successfully argued that because her policy covered "vehicles" and a bicycle is a vehicle by definition, her claim had to be covered.
When we take a case where a passenger was injured, oftentimes we will file a motion for partial summary judgment on the issue of liability. When that motion is granted, the Court rules, as a matter of law, that the other driver is legally responsible for causing the accident. With liability no longer in question, the only remaining issue for the jury to determine is the amount of damages to be awarded.
Determining who is responsible for your injuries and damages, and whether or not there is insurance to pay for those damages, can be quite complex. You should therefore consult with an experienced attorney as soon as possible.
Premises Liability
Drowning or Near-Drowning
If a loved one or someone you know has been involved in a drowning, or near drowning, there may be insurance coverage available, such as a homeowner or business policy, to pay for medical expenses and to compensate the victim and the victim's family. As soon as possible after the accident, consult with an experienced attorney to determine your legal rights. These claims can be very large, as brain damage oftentimes occurs and the victim requires a lifetime of care and medical attention.
In appropriate circumstances, when the case settles, a Special Needs Trust can be established in order to protect the victim's assets from seizure, and to ensure that the injured party will receive a lifetime of unrestricted care.
Some years ago, Mr. Achrem obtained one of the largest verdicts in Nevada history, in a case where a small boy was severely brain-damaged. The jury unanimously awarded $21,000,000.00 to the child and his family. The boy is now receiving the best medical care available, as well as new forms of treatment and therapy, which are helping him to recover from those devastating injuries.
Burn Injuries
Burns are one of the most frequent injuries reported in the United States. Burns are classified according to their depth, as first, second and third degree. If you or someone you know was burned as a result of an accident, or work-related injury, you may be entitled to substantial compensation, not only for the injuries sustained, but also for scarring, future medical expenses such as plastic surgery, emotional distress, as well as other related damages. Burns are among the most painful of all injuries, and a jury award could easily be in the many millions of dollars, depending on the permanency of those injuries, what the person has gone through, and what that person will need to go through in the future. Unfortunately, the injured victim is not only scarred physically, but emotionally, which can also require psychological counseling.
In serious burn cases, the person will also have to undergo multiple skin graft operations. Even in the best of cases, the scarring is almost always permanent. Prompt medical treatment following a burn is absolutely essential. With prompt treatment, the burns can be controlled, the pain lessened, and the scarring reduced. There are also recent medical advances in plastic surgery, including the use of lasers that can help reduce the permanent scarring.
Due to the complexity of burn injuries, you should consult an experienced attorney to determine all your legal rights.
Slip & Fall Accidents
Under Nevada law, the owners or occupants of property and structures have an ongoing duty to maintain them in a reasonably safe condition. That duty extends not only to friends, business associates and unexpected visitors, but even to trespassers. Whether or not you are entitled to recover for your injuries also depends on the way in which the accident occurred. If a dangerous condition was partially concealed, or could not reasonably be avoided, the owner or occupant of the property may be legally liable for your injuries.
In two recent cases, Mr. Achrem obtained settlements exceeding $300,000 for each of his clients. In another case in which a nurse fell on ice that had accumulated on the defendant's premises, and who later developed an invasive condition called Reflex Sympathetic Dystrophy (RSD), Mr. Achrem was able to settle her case for the full $1,000,000.00 policy limits the defendants had on the property at the time of the accident.
In order to win a slip and fall, or trip and fall case, the Plaintiff has to prove (1) that there was a dangerous or defective condition on the premises; (2) that the Defendant knew or should have known about the condition; (3) that the Defendant had a reasonable opportunity to fix what was wrong but failed to do so in a timely manner; (4) that the Plaintiff could not have avoided the incident with the exercise of reasonable diligence; and (5) that the Plaintiff was injured as a direct result of the condition.
Accidents in the Home
If you're injured in someone's home, you may be able to recover monetary damages from the owner, or from the owner's insurance company. In Nevada and California, the owner or occupant of a home has an ongoing duty to warn guests, repairmen and others on the premises of any dangerous conditions that could cause injury. In addition, that person also has the responsibility of fixing or repairing any dangerous condition so that the premises are safe. If the owner or occupant breaches that duty by failing to warn you of a dangerous condition, and you're injured as a result, then the owner or occupant of the property may be legally responsible for all of your damages. This would include, without limitation, your medical expenses, loss of wages, pain and suffering and emotional distress.
In order to win your case, however, you must be able to prove (1) that there was a dangerous or defective condition on the premises; (2) that the Defendant knew or should have known about the condition; (3) that the Defendant had a reasonable opportunity to fix what was wrong but failed to do so in a timely manner; (4) that the Plaintiff could not have avoided the incident with the exercise of reasonable diligence; and (5) that the Plaintiff was injured as a direct result of the condition.
If you or someone you know has been injured in an accident in someone's home, you should not give a recorded statement to the owner's insurance company without first speaking to an experienced attorney. The insurance company does not represent you and, in the vast majority of cases, it only wants to limit the amount of money it may ultimately have to pay.
Products Liability
If you or someone you know sustains an injury as a result of a defective product, you may have a liability claim against the manufacturer, seller, and/or distributor of that product. There are three ways that a manufacturer can be liable for damages caused by a product.
First, the manufacturer can be negligent in how the product was originally designed or built. To establish negligence, you must prove that the manufacturer used inferior procedures or poor materials in building the product.
Second, the manufacturer may have breached an express or implied warranty. To establish breach of warranty, you must prove that the manufacturer failed to live up to the promises made about the product.
Third, the manufacturer may be held strictly liable. To prove strict liability, you do not have to establish that the manufacturer was directly at fault. All you have to do is prove that a product was defective when it left the manufacturer's control, or that there were not appropriate warnings given concerning its dangerous nature.
Sometimes, products will be sold with a disclaimer saying that the manufacturer is not responsible for certain problems. That does NOT mean you don't have a case. Oftentimes, Court and consumer protection laws override such disclaimers as violating public policy. For additional information regarding product liability, you should consult with an experienced attorney.
Medical Malpractice
In medical malpractice cases, negligence means the failure of the doctor, hospital or health care provider to use the reasonable care, skill or knowledge ordinarily used by health care professionals under similar circumstances. Until now, these cases have all fallen under the exclusive domain of the Medical Dental Screening Panel ("the Panel"). When medical malpractice was suspected, prior to filing a lawsuit, a medical malpractice claim had to be presented first to the Panel, which is composed of doctors, attorneys and hospital administrators. After a formal petition was filed by the claimant and a response given by the medical provider, the Panel considered the evidence submitted and would then issue one of three determinations. (1) The Panel could decide that a reasonable probability of medical malpractice exists. (2) The Panel could decide that a reasonable probability of medical malpractice does not exist. (3) The Panel could conclude that, from the evidence which was presented, no determination can be made one way or the other.
The conclusions of the Medical Dental Screening Panel were not binding. That is to say, a lawsuit could still be filed, regardless of the Panel's findings. However, the findings of the Panel could, on occasion, help the parties resolve disputed claims without the necessity of going to trial.
Recent tort reform in Nevada has now changed the way this works, and the injured patient has the right to skip the Medical Screening process and file the lawsuit directly in District Court.
Medical malpractice claims are among the most difficult to pursue. If you think you may have a medical malpractice claim, you should consult with an experienced attorney to discuss your legal rights in greater detail.
As for the current medical malpractice "crisis," we believe the real reason for the increase in doctors' insurance premiums is because their insurance carriers are trying to recover major losses they sustained in the stock market, and because of their poor decisions in continuing to insure doctors who repeatedly commit medical malpractice. The vast majority of doctors provide excellent medical care in our community. Unfortunately, a small percentage of doctors cause the majority of the medical malpractice claims. The sad reality with recent tort reform efforts is that the only "winners" will be the insurance carriers.
Nevada Supreme Court Rule 196(4) requires the following disclaimer:
The State Bar of Nevada does not certify any lawyer as a specialist or expert.
