Author: Mainor Wirth

Sharing the Road with Cyclists

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Motorcyclists and bicyclists are both terribly vulnerable when sharing the road with automobiles. Neither has steel body around them for protection, nor do they have seat belts or airbags. When they’re hit by a motor vehicle, motorcyclists and bicyclists are at much higher risk for serious injuries or fatalities than a motorist inside of another vehicle. Their injuries might include:

  • Traumatic brain and spinal cord injuries
  • Serious multiple compound fractures
  • Vertebral injuries
  • Cartilage damage
  • Severe cuts, abrasions and bruises

Nevada Law on Sharing the Road

Whenever you’re driving a family passenger or other vehicle, Nevada law requires you to share the road with motorcyclists and bicyclists. Everyone on the road has a legal duty to use due care and caution for the safety of others. You must yield when circumstances call upon you to do so. Reckless or intentional interference by the driver of a motor vehicle with somebody on a motorcycle or bicycle simply isn’t permitted. Even distracted driving is actionable as negligence when another person is injured, particularly if the distracted driver is inexperienced and talking on a cell phone or texting.sharing the road accident

What to do if you’re in an accident in or around Las Vegas

If you’re a motorcyclist or bicyclist, and you’re involved in an accident in or around Las Vegas, call 911 right away if physically possible. Inform the 911 operator that both paramedics and police are needed at the scene. Paramedics will examine and treat you at the scene while making the first important medical record of your case. Insist on being transported to an emergency room where more extensive treatment will be given and other medical records further detailing the nature and extent of your condition will be made. Follow all instructions and be sure to attend all medical appointments after you’re discharged.

Establishing Fault

The investigating police officer’s accident report will be relied on by both sides in establishing who was at fault for the collision. Get a copy of the police report as soon as possible after the accident, and bring it to us. It might also contain names and contact information for independent witnesses. We suggest to never give a written or recorded statement to the insurer on the other side. They may try to use it against you in the future. Your attorneys at Mainor Wirth will tell you when you’ll be giving a statement, and they’ll prepare you for giving it. They’ll be right there with you when you give it too.

Contact the accident attorneys at Mainor Wirth at 702-500-1027 as soon as possible after a motorcycle or bicycle accident for a free consultation and case evaluation. We’re knowledgeable, experienced, aggressive and successful motorcycle and bicycle accident lawyers in Las Vegas. We’ll give you straight talk and straight answers.

Nevada Law Concerning Damage Caps in Las Vegas Personal Injury Cases

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It is too common in Las Vegas for someone to believe they can sue for a huge amount of money because they’ve been injured. There are situations where people have been awarded millions of dollars in a court settlement. This is not something that happens automatically.

Personal Injury Lawsuits

When it comes to these types of lawsuits, they will be based on a person experiencing mental or physical injury as well as property damage. The cause for this injury or damage will be negligence or incompetence of another person or a third party. The legal theory behind this type of lawsuit is that a person has a right to receive compensation for their injuries and other losses.

Compensatory Damage Caps

There are two types of compensatory damage awards. They are economic and non-economic. The state of Nevada has rules that provide limits on the damage amounts a person can receive for non-economic damage. This involves compensation for pain and suffering as well as emotional distress and more. Nevada’s non-economic limits for compensatory damage is $350,000. This limit does not apply to damages of an economic nature such as medical bills, lost wages, property damage and any other type of monetary loss.

Injured At Fault

There are laws in Nevada that provide guides when it comes to the amount of fault a person has in an accident. This makes it a comparative fault state. Should it be determined that an injured party is 51 percent or more at fault for an accident, they will not be awarded any money by a Las Vegas court. It is important a person feel confident they were not at fault for an accident or their responsibility was not more than 51 percent. If a person is awarded $10,000, but it was determined they were 30 percent at fault, they will only receive $7,000 in an award.

Punitive Damages

The purpose of punitive damages is to punish an alleged defendant for their behavior that resulted in injury or damage. It is intended to keep the defendant and others from engaging is such negative behavior in the future. Punitive damage awards in Las Vegas are capped. It is limited to three times the amount of general damage for small verdicts of less than $100,000. It is also three times for those over $100,000.

Damage Cap Exceptions

The damage caps for punitive damages in Las Vegas does not apply in certain circumstances. These are situations such as when legal action is brought against a manufacturer, distributor or the seller of a product that is proven to be defective. It also does not apply to an insurer who acted in bad faith concerning their obligation to provide adequate insurance coverage. It also doesn’t apply to a person or entity who violated Nevada’s state or federal laws preventing discriminatory housing practices. Damage or injury caused by an emission, disposal of toxic or hazardous waste or material will not have caps for punitive damage.

Personal Injury Cases

No two personal injury cases are the same or have the same results. Court proceedings involving personal injury cases are complex and can be difficult to understand for people with no legal background. It can also be very confusing for someone who is not from Las Vegas and unfamiliar with the state’s laws concerning personal injury damage awards. If a person believes they have a personal injury case they need to contact an attorney for professional legal advice.

Fault of the Injured in a Car Accident

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When you are involved in an accident in the State of Nevada, the Comparative Negligence Rule is applied to your case. What this means is that fault for the accident must be applied to both parties to determine if compensation can be granted to the injured party and the amount of compensation to be received.

Comparative Negligence Rule

After an accident, your attorney and the insurance company will have the event reconstructed to determine fault. This is so they can establish what percentage of fault the injured party is responsible for concerning the event.

According to Nevada law, the injured party cannot be more than 50 percent responsible for the accident to receive compensation. Furthermore, the percentage that the injured party is at fault will be the percentage their compensation is reduced.

For example, if a compensation package is worth $10,000 and the injured party is found to be 40 percent responsible for the accident, their compensation will be reduced by 40 percent or $4,000 for a total compensation value of $6,000.

If the injured party is found to be 51 percent or more at fault for an event, they are unable to collect any type of compensation under Nevada law.

Important Fact To Remember

It is human nature to assume you are at fault, even partially when an accident occurs. Acting out of compassion and concern, people often take on some of the responsibility of an accident in an effort to offer comfort to the other people involved. This is a serious mistake.

You should never admit fault, even partially when an accident occurs. The event itself is disorienting and can make you believe things occurred that did not happen that way or at all. It is in your best interest to stay quiet and contact an attorney after you have received medical care. Your attorney will have the accident professionally reconstructed to determine actual fault.

Why You Need To Speak To An Attorney

Your rights as a victim of an accident can be impaired by the Comparative Negligence Rule. Any portion of an accident you are found to be responsible for will affect your overall compensation. It is important to speak to an attorney to protect your rights and to have the accident scene carefully evaluated to determine true fault for the event.

Am I To Late To File My Personal Injury Case?

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On the off chance that you have been harmed because of the carelessness of another in Las Vegas, you might be uncertain of your next steps. Contracting a lawyer to speak to you in your legitimate case will pay off tenfold, as he or she can guide you and offer you some assistance with deciphering the laws.

Numerous states have laws set up to secure you, as the harmed, and the individual you are denouncing. Nevada is one express that has particular rules and laws set up to represent and lead individual damage cases. The laws are put forward to furnish you with the data you have to figure out if your case will hold up in court or not. Consider the accompanying rules, courses of events, and more beneath to figure out whether you can record your harm case.

Statute of Confinements in Nevada

There is a statute of confinements in Nevada for documenting an individual damage case. The expression “law of confinements” implies that you have a set time span that you can present a case for your damage case. You can’t present your case after the course of events, yet you can submit it at whatever time before the due date.

The Nevada statute of confinements on an individual harm case is two years. You can record your case a day after it happens or one day preceding as far as possible being come to, however, you should not pass the due date, or your case is certain to be denied, on the off chance that it even makes it to the court.

Sorts of Harms Recompensed

Not a wide range of harms are compensated in an individual damage case, and you should pay consideration on what you can recuperate as pay. For example, in Nevada, you can recover reserves for the accompanying:

  • Torment and enduring
  • Lost wages
  • Memorial service costs (counting entombment)
  • Hospital expenses (over a significant time span)
  • Reformatory harms

The sort of pay honored relies on upon the damage created and the court’s decision in the matter.

Flaw of the Harmed in the Mischance

Nevada has a law that aides the amount of shortcoming a man plays in the disaster. Since Nevada is a similar issue state, you should be cautious and do your due constancy to guarantee you were not at issue for the situation.

Here are the means by which the universal obligation works:

  • On the off chance that you (the harmed) are observed to be 51% or more at flaw for the situation, Nevada courts won’t recompense you any cash. You never need to seek after a case unless you are certain you were not at a flaw or that the issue you played was not exactly the 51%.
  • On the off chance that you, the harmed, are observed to be 30% at shortcoming, and your rewards are $100,000, you will just recoup $70,000 of the honor cash following the rest of your offer in the flaw.

Nevada’s Harm Top Tenet

Notwithstanding the common law, individual harm cases are administered by a budgetary top. At the point when a person harm case listens, non-monetary damages must be recouped up to the most extreme measure of $350,000. That sum does exclude hospital expenses or any wages that were lost. However, it includes torment and enduring, and comparative.

Since Nevada has numerous tenets representing individual harm cases, it is best to search out an expert and educated legal counselor who can help and consult you you through your damages.

The Most Common Vehicle Accident Injuries

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Vehicle accident injuries can be simplified into two categories: impact injuries and penetrating injuries.

Impact Injuries

Impact injuries result from some sort of damage caused by the collision of a person with an object. In car accidents, these types of injuries typically occur when a person, or a person’s body part, hits a part of the interior of the car, such as the dashboard or the car door.

Penetrating Injuries

Penetrating injuries, on the other hand, result when an object penetrates the skin and creates an open wound; cuts and scrapes would be classified as penetrating injuries. In a car accident, penetrating injuries are often caused by glass or foreign objects following the moment of a car collision.

Within these two main categories of car accident injuries are a multitude of more specific injuries. With an estimated number of more than three million people in the country who are injured in vehicle accidents each year, according to the National Highway Traffic Safety Administration (NHTSA), here are some of the more common injuries.

Head Injuries

There is a range of severity when dealing with head injuries. Abrupt stops or changes in direction can cause the head to collide with the interior parts of the car, causing penetrating injuries in the forms of cuts, scrapes, and lacerations, as well as impact injuries in the form of bruising. More severe head injuries result with heavy force from an impact to the head, potentially causing closed head injuries in the form of concussions or brain damage.

Chest Injuries

Because of the driver’s position behind the steering wheel and because of the restraint from the seat belt, chest injuries are not too uncommon. Some of the less severe forms of chest injuries are bruises. Broken ribs and damage to internal organs from the impact force to the chest are on the more severe side.

Soft Tissue Injuries

Lastly, the most common type of car accident injury is a soft tissue injury, which is damage of muscles, ligaments, and tendons throughout the entire body. The most familiar type of soft tissue injury is the whiplash, which results when the muscles and ligaments are suddenly extended too far that damage occurs.

If you have been in a car accident and have suffered any of these common injuries, please call Mainor Wirth at (702) 464-5000 for a free consultation.

What Kinds of Damages May I Claim for My Car Accident Injuries?

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Being in a car accident can change your life forever. You could be in a hospital for weeks recovering from injuries and you might sustain a permanent disability. You have a right to demand monetary compensation for what you have gone through and lost.

Damages That Could Be Claimed From an Auto Accident

Medical Bills

Nearly all medical expenses related to your recovery from the injuries caused by the accident can be claimed. This includes hospital stays, medical devices and the cost of an ambulance. Additionally, if your injuries are going to require treatment in the future, then you can ask for compensation for those upcoming expenses. You could even be compensated for non-medical in-home care services to take care of you.

Lost Income

The injuries you sustained and also the time of recovery after the accident might prevent you from working. You can claim the income you lost as damages if limited mobility, hospital stays or side effects made it impossible to earn what you usually do. If your injuries could take years to heal or you have suffered a permanent disability, then you can also ask for damages to cover the future lost income. Proving that you will be unable to earn your previous income in the future because of the injuries is very difficult and usually requires the help of an attorney.

Pain and Suffering

Damages you claim for pain and suffering are intended to cover the physical and mental distress that you felt because of the accident and injury. You generally need to prove that you have experienced a large amount of pain or that your current pain will last far into the future. You could ask for pain and suffering if you suffered psychological distress from the accident as well. This could mean you now have severe anxiety disorder and cannot live the same way you did before the accident.

Loss of Companionship or Affection

If you are married, your spouse could claim damages for loss of companionship or affection. This means the accident or injury has made it impossible for you to maintain a normal relationship as you had before. This could mean inability to perform sexually or inability to do important activities that were part of the relationship. If a spouse dies as the result of an accident, then the surviving spouse or family members might be able to claim loss of companionship as damages in certain circumstance.

If you were injured in a car accident in Las Vegas, then you need to seek fair compensation for your injuries. Do not trust insurance companies to do the right thing. You want a lawyer at your side. Call Mainor Wirth to talk about seeking fair compensation for all your damages.

Determining Personal Injury Settlement Amounts for Different Injuries

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A question often asked of personal injury attorneys is how damages are calculated during litigation. There are a number of different types of damages that can affect the amount of settlement you might be entitled to. Some are easier to calculate than others.

Damages fall into these categories:

  • Property damage – In a vehicular accident, the damages caused to the vehicle. It will also include personal items, equipment, etc, if it was damaged by the defendant;
  • Lost wages – if the plaintiff was forced to miss employment due to the negligence of the defendant, lost wages are considered. If the plaintiff is likely to lose wages due to the defendant, future lost wages can be considered;
  • Medical expenses – medical expenses, both past and future may be considered;
  • Pain, suffering and loss of companionship – an injured person is entitled to compensation for the pain and suffering associated with an injury. There is no schedule for defining pain and suffering;
  • Other potential damages – if the individual suffered permanent disfigurement, such as scarring, partial loss of a portion of the body, or will require future services due to injuries suffered, he or she may be entitled to an award.

If a case goes to trial, a jury in Nevada will be instructed that no formula or rule is used for an award of pain and suffering and the jury must use their own judgment, based on the evidence, for the compensation.

What Are Special Damages?

“Special damages” is a term that is used in settlement negotiations. It is basically the present value of the property damage, lost wages and medical expenses. These damages are considered out of pocket damages and are normally concrete and identifiable.

The insurance company handling settlement negotiations normally isn’t receptive to pain or suffering. The recent trend has been to offer less for pain, suffering and other damages than in the past.

But What About Compensation For The Future?

Future damages, including future medical, future lost wages or future therapy will normally only be awarded if there is expert testimony identifying their likelihood. For example, a doctor must usually profess the need for a future medical procedure and must acknowledge in a report or through other means. Such as a testimony.

Because of the numerous factors involved and the burdens of proof on each element, negotiating with the insurance company without an experienced attorney is not advised.  Setting up an appointment with one of the experienced litigators at Mainor,Wirth for a free consultation is a step in the right direction. Contact us at 702-464-5000.

How Insurance Companies Calculate Car Accident Settlements

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Insurance companies factor in a number of considerations to determine how much to pay for a car accident. Each and every case is different. The primary issues the insurance companies consider to calculate the amount of compensation they’ll pay include:

  • The amount of property damage involved
  • The nature and extent of any injuries
  • The policy limits of their policyholder

Property Damage

Assuming there were no injuries, the insurer will calculate the costs of repairing the damage to your vehicle. If a fender and a light were damaged, the insurer might repair the fender and replace the light. If the cost of replacement or repair is greater than the value of the vehicle itself, the insurer might declare it a complete or total loss and pay the actual cash value of the vehicle.

The Nature and Extent of Injuries

The value of an injury is more difficult to determine than property damage. When you’ve been injured in an accident, the insurer is going to determine the value of your case with:

  • Past and future medical bills
  • Past and future lost earnings
  • Any permanent disability or disfigurement
  • Pain and suffering

car accident injury settlements

If there are issues on future medical bills or lost earnings, they’re to be calculated on a present day value basis. Any compensation for pain and suffering will be based on your available medical records and medical reports. Before you even consider a settlement offer, you should have reached maximum medical improvement. Once you sign a release of claims in return for a sum of settlement money, you’ve forever waived the right to any further compensation.

Policy Limits

Mandatory minimum liability insurance in Nevada has been set at $15,000 with $10,000 of property damage. Those are low limits. If you’re in an accident, and a $25,000 vehicle is determined to be a total loss, and you’ve suffered $50,000 in personal injuries, at best you’ll only receive the amount of those policy limits. That’s why you need to carry uninsured/underinsured motorist insurance along with collision coverage. You’ll be glad you have them when you need them.

The attorneys at Mainor Wirth focus their practice exclusively on personal injury. They’re dedicated, experienced, aggressive and successful. Don’t talk to the adverse insurer after an accident. Call Mainor Wirth right away at 702-464-5000, or use our online contact form.

10 Secrets to Getting a Fair Settlement for Your Injuries

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injury claim settlement secrets

Secret 1: Gather As Much Evidence as Possible

Take photographs at the accident scene, gather witness information, and call the police so they can investigate the accident and file a report. The more evidence you have, the easier it will be for you to support your injury claim.

Secret 2: Seek Medical Attention Right Away

Seek medical attention as soon as possible following an accident. Not only is this important for your health, it also begins the crucial process of documenting your injuries and setting up a treatment plan.

Secret 3: Protect Your Medical Records

Don’t sign any medical release authorization forms for the other insurance company. They may try to use the information in your medical records against you when it comes time to settle your injury claim.

Secret 4: Keep the Insurance Adjuster in the Loop

Stay in contact with the insurance adjuster and keep them updated on the seriousness and extent of your injuries. This allows them to set a high reserve for your account. Having a high reserve will make it easier to settle your claim and prevents the adjuster from being surprised when you ask for an amount that is much higher than they had originally anticipated.

Secret 5: Don’t Settle Early On

Lost wages, mounting medical bills, and other financial burdens makes it tempting to settle your case as quickly as possible. But if you settle too early, you might not know the full extent of your injuries and true costs associated with your ongoing medical care.

Secret 6: Document Everything

Write down how you are feeling on a day-to-day basis, your pain levels, and any new symptoms that arise. If your case goes to trial,this information will be helpful in proving the extent of your pain and injuries to a jury.

Secret 7: Understand the Compensation Available to You

The damages you are entitled to seek compensation for include medical costs, pain and suffering, lost wages, and other injury-related expenses like having to pay a taxi for transportation to and from doctor appointments or hiring a housekeeper for help performing household chores. Document these expenses so you can be reimbursed for them as part of your settlement.

Secret 8: Know the Full Extent of Your Injuries
Many times injuries don’t fully set in until the days, weeks, and sometimes even months following an accident. Make sure you know the full extent of your injuries and the cost to treat them before discussing your settlement.

Secret 9: Follow Doctor’s Orders

Always keep up with your medical treatment and care as recommended by your doctor. Do not stop treating until you are released by your healthcare provider.

Secret 10: Ask a Lawyer to Evaluate Your Case

An experienced personal injury lawyer can evaluate the facts of your case and help you navigate the claims process. If you’ve been injured, call Mainor Wirth for help getting the fair settlement you deserve.

6 Tips For Safe Driving In Las Vegas When It Rains

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Changes from the norm can put people on edge, resulting in worse-than normal driving. Driving in Las Vegas can be hazardous in it’s own right but when you factor in the rare occasion of rain.

The driving can get a whole lot worse.

Driving In Las Vegas Rainy Weather Accident

It’s important to be alert and keep yourself and your family safe from harm. Here are a few ways to make driving safer when flooding and slick roads are a possibility.

1. Turn your headlights on.

Make sure you keep your low beams active at all times during the rain. While this won’t help you, it will make you much more visible to the other drivers on the road. However, if you activate your high beams, you run the risk of blinding the other motorists.

2. Shut off cruise control.

Most motorists are used to comfort while driving, but you need to maintain absolute control on wet roads. Cruise control reduces the amount of control you have over the vehicle and can be extremely dangerous if you hydroplane. Keep cruise control off and maintain a safe, steady speed while in the rain.

3. Stick to the inside lane.

The edges of the road are usually the wettest. If you cannot seem the road because of a puddle, try to avoid those spots; water can be deceivingly deep in places. Submersion doesn’t just wrest control away from you as a driver, but it can also damage the inner components of your engine. Sticking to the inside lane, where the water levels are the lowest, is the safest way of driving anywhere.

4. Never slam on the brakes.

Hard braking is common in bumper-to-bumper traffic, but if your brake pads are wet then they may fail. Give yourself enough space from other vehicles and lightly tap your brakes if you need to slow down. This will warn the motorist behind you and prevent them from rear-ending you.

5. Set your wipers to an appropriate speed.

Many people do not understand how to properly use windshield wipers, particularly if they aren’t familiar with rainy weather. Setting your wipers to a speed that fits the current rate of rainfall is important; too slow or too fast can be just as distracting as the rain itself.

6. Assume other drivers do not know what they’re doing.

While driving anywhere, it’s important to practice defensive driving techniques. If you cannot tell if someone is going to stop, assume they won’t. Focus on keeping yourself safe and be aware of other motorists on the highway.

driving-in-las-vegas-rainIf you or someone you know is injured in an accident due to reckless driving, give Mainor Worth a call. As a leading personal injury attorney, Mainor Worth can help you get the settlement you need to cover your medical and related expenses.