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Can a Passenger File a Personal Injury Claim in a Car Accident?

Perhaps you've recently been a passenger in a car accident, resulting in a personal injury. If that's the case, you're likely wondering if it's possible to hire a Las Vegas accident lawyer and file your own personal injury claim. Fortunately, the answer is yes. Make note of the following information about making a personal injury claim as a passenger.

Proving Liability

When it comes to a passenger filing a personal injury case with a Las Vegas accident lawyer, the passenger generally has an easier case than if he or she were the driver. This is because as a passenger, you don't generally have to prove liability, since one of the drivers (if involved in a two car accident) will be found liable. In many cases, the driver of a single car accident is found at fault. However, there are exceptions, such as if an animal darts into the road and causes an accident, or other sudden emergencies.

Filing the Claim

As a passenger filing a personal injury claim, you'll need to file the claim against both drivers (if two drivers were involved). To do this, you'll need both drivers' insurance information to file the claim with both insurance companies. If you were involved in an accident where both drivers could potentially be at fault, your Las Vegas accident lawyer will need to negotiate with the insurance companies of both drivers.

When Neither Side is Willing to Settle

There can be a dispute if two insurance companies are involved and neither is willing to settle. For instance, say the first insurance company is only willing to accept 25% fault and the other insurance company is only willing to accept 50% fault. This still leaves 25% fault unspoken for, so until one of the insurance companies adjusts their claim of fault, the personal injury case cannot be settled, which often leads to litigation.

Multiple Passengers

If more than one passenger involved in the accident was injured, multiple personal injury claims can affect your own claim. For instance, if the total value of all the personal injury cases is more than the amount of liability insurance the driver has, all of the passengers may have to settle for less than their cases are actually worth.


GGRM the Las Vegas Accident Lawyer

If you've been involved in a car accident and think you may have a personal injury claim, please don't hesitate to contact a Las Vegas accident lawyer. Call Greenman, Goldberg, Raby and Martinez at 702-388-4476 and schedule your free consultation today!

Does Your Prior Medical History Matter?

Medial History

While the thought likely has never crossed your mind, if you have had medical injuries in the past, they may affect the results of a current personal injury case. That being said, hiring top notch personal injury defense lawyers in Las Vegas is the way to go, particularly if you have a pending personal injury case or if you are considering a lawsuit.

Weaknesses in the Case

The insurance company will be looking for anything that indicates a weakness in your case. When looking for weaknesses, they will look for medical conditions that were pre-existing prior to your accident. If they determine there were pre-existing conditions, they may try to tie these injuries to your present injuries, discrediting your current personal injury case. Unfortunately, this may lower the potential payout of your lawsuit.

Defense is Key

If you have a pre-existing condition, that doesn't mean you don't have a case. However, your medical history will need to be defended, making it extremely important to hire personal injury defense lawyers in Las Vegas that can prove your prior medical condition is unrelated to your current injuries. If it can't be proven your current injuries are unrelated to your past medical condition, the insurance company may not make a pay out to you.

Disclosure of Medical Records

While it may be tempting to not disclose your past injuries and medical history in the midst of a personal injury case, not doing so would be a mistake. This is because neglecting to disclose this information will cause your credibility to be questioned, and in turn, may damage your personal injury case.

Hire a personal injury defense lawyer in Las Vegas

If you're in need of personal injury defense lawyers in Las Vegas, don't hesitate to contact us at Greenman, Goldberg, Raby and Martinez. Call us at 702-388-4476 today to learn more about how your medical history may affect your claim and to schedule your free consultation!

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The Difference Between Las Vegas Workers Compensation and Personal Injury

Personal Injury Claim Form

If you've sustained an injury at work, you may have been asked by a well-intentioned person: "So what are you going to do – file for workers' comp or file a lawsuit?"

These two remedies are neither interchangeable nor a matter of preference, but they’re often confused. You can get a better grasp on them when you begin with three simple distinctions, brought to you by the most distinguished workers' compensation lawyers in Las Vegas.

  1. Who is eligible to file?

    Workers' compensation: This recourse is available only to employees who have been injured in the course of doing their job in the workplace. Workers' compensation is a form of insurance taken out by an employer, the benefits of which are made available to injured employees.

    Personal injury: This recourse is open to those who have suffered an injury in virtually any conceivable place – and not only a workplace but also a business, a private home and, most frequently, a vehicle.

  2. Does fault matter?

    Workers' compensation: Fault is a non-issue in a workers' compensation case. A petitioner must prove only that an injury occurred on the job as a result of a function performed as part of that job. The claimant is not required to prove the employer or a co-worker did anything wrong or were complicit in the injury. Moreover, if an employee was somehow negligent – and this negligence resulted in an injury – the employee is still entitled to workers' compensation benefits.

    Personal injury: Fault matters entirely in a personal injury case. A plaintiff must prove someone's actions or inactions (meaning negligence) caused the injury to occur. Put another way, accidents in which no one is at fault would not propel a personal injury case forward. While unfortunate, such incidents in which no one is at fault happens all the time and are simply labeled as accidents. For example, someone who slips, falls and suffers a broken ankle in a store should not proceed with a personal injury lawsuit unless he or she can prove the business owner failed to adequately maintain the property and this negligence caused the slip, fall and injury to occur.

  3. What type of monetary compensation is available?

    Workers' compensation: Claimants can receive weekly compensation, permanent impairment benefits, vocational rehabilitation and reimbursement for medical bills. Claimants cannot recover damages for pain and suffering.

    Personal injury: Unlike workers' compensation cases, plaintiffs can sue for pain and suffering -- and often do. Compensation in a personal injury case is meant to ensure the quality of life of the injured person is restored to the greatest degree possible. When it is not possible to reach this benchmark, the most skilled personal injury lawyers in Las Vegas fight hard to ensure that a settlement includes:

    • The cost of long-term medical care.
    • The cost of physical rehabilitation.
    • The payment of wages the injured person would have earned if he or she had not been injured.
    • The costs of vocational training so the injured person can find work in a different field with a long-term disability.
    • Additional compensation for long-term pain, as well as mental and emotional anguish.

Obviously, there is a lot more terrain to navigate in a personal injury case. This is why if you or someone you care about has been personally injured or injured at work, you want the most skilled workers' compensation lawyers in Las Vegas at your side. You want Greenman, Goldberg, Raby, and Martinez, who have represented thousands of people in southern Nevada who have been injured since 1970.

GGRM could represent your best chance to attain all the resources needed to fully recover what's been lost as the result of an injury. Along the way, you'll enjoy the benefit of working with the most loyal and tenacious advocates you'll ever find. Call GGRM at 702-388-4476 for a free consultation.

Steps to Take After Being Injured on the Job Offer

Halloween Driving Tips From Las Vegas Accident Attorneys

Trick or Treat Halloween

This Halloween, just like every year, will bring out trick or treaters of all ages. From the toddlers with their parents to the groups of adolescents, the streets will be crowded with people as they go door to door for tasty treats. Make note of the following Halloween driving tips to keep yourself and those around you safe, and avoid having to call Las Vegas accident attorneys.

Turn on Your Headlights

You might think you don't need to turn your lights on during the day, but doing so allows other people to more readily see your car. So, even if it's mid-day, turn your lights on as a precaution.

Keep the Radio Low

While it can be fun to blast music as you drive, it might not allow you to hear the honk of another car or the voices of children nearing the street. Therefore, it's important to keep the radio down so you can hear the sounds around you.

Keep Your Eyes Peeled

Carefully watch the street and pay particularly close attention at intersections. After all, the last thing you want is for a small child to not be watching and run out in front of your car. Also, depending on the costume, children may not be able to see as well as normal or you might have difficulty seeing them if they are in dark colors. With children being excited about trick or treating and going from house to house, you should also drive slower than you normally would, particularly in areas with a lot of housing.

Make Use of Your Signals

Make sure to use your signals. For instance, if you are pulling over, use your hazards to alert other drivers or if you are turning, make sure to use your turn signal.

Have a Designated Driver

If you are going out and having drinks, even just one or two, do not drive. The last thing you want is to have to call Las Vegas accident attorneys because you drove when you could have easily had a designated driver. If for some reason you don't have a designated driver, make sure to take a cab.

Avoid Distraction

If you're driving while distracted, your chances of having an accident are higher. So, if your phone beeps indicating you have a text message, ignore it until you are parked. If you're purse falls to the floor, leave it there until you can safely pick it up. It's also a good idea to avoid eating while driving, which can be a distraction.

Call Las Vegas Accident Attorneys

Unfortunately, even when practicing safe driving tips, accidents still happen and you might find yourself needing Las Vegas accident attorneys. If you have been in an accident, make sure to call Greenman, Goldberg, Raby & Martinez at 702-388-4476 to schedule your free consultation.

Steps To Take After a Car Accident Offer

Are Pre-Existing Injuries Covered in Workers Comp Cases?

Workers Compensation.jpg

If you have a pre-existing condition and are injured at work, you may wonder if your injuries are covered under workers compensation.

Generally, a pre-existing condition is covered if the workplace accident makes your condition worse. For example, you may have a pre-existing back injury, but if you slip and fall at work, your pain may be worse and your injury may take longer to recover from. In this case, you may be eligible for workers compensation benefits. When injured at work its advised to reach out to trusted worker comp lawyers in Las Vegas.

What Nevada law says

In fact, Nevada law states, a pre-existing condition is covered under workers compensation if your workplace injury "aggravates, precipitates or accelerates" it. What happened in the workplace must be a substantial cause of your resulting condition.

Even if you’re entitled to workers compensation benefits, that doesn’t mean your employer’s insurance company won’t try to fight your claim.

Proving your claim

Workers comp lawyers in Las Vegas can help represent you when you file a claim or in filing an appeal if your initial claim is denied.

They help you gather evidence to support your claim, such as medical bills, doctors’ statements, and statements from witnesses who witnessed your workplace accident. Your attorney will work with you to develop a case that describes how the accident has worsened your condition, such as making your pain more frequent or intense, as well as its negative effect on your daily activities.

Worker Comp Lawyers in Las Vegas

If you’ve been injured at work and need the services of workers comp lawyers in Las Vegas, contact Greenman, Goldberg, Raby and Martinez at 702-388-GGRM (4476). You can also get started by downloading our free guide, "Steps to Take After Being Injured on the Job."

Steps to Take After Being Injured on the Job Offer

Giving Recorded Statements in a Las Vegas Workers Compensation Case

If you are involved in a workplace accident and are filing a claim, you'll often be contacted by an insurance claim adjuster for a recorded statement. While a recorded statement certainly can expedite an investigation and the ultimate settlement of the claim, this process serves no legal purpose and can harm your case. Hire workers compensation lawyers in Las Vegas to protect you in your workers compensation case.

Why Adjusters Want Your Recorded Statement

Witness Statement

The insurance company's adjuster wants to hear your side of the story. In such a statement, they will ask you about the events leading up to the injury, how the injury occurred, how you reacted, and the aftermath. Your statement will be used in tandem with your employers' and any witnesses' statements, as well as police and incident reports, to get a better, more concise accounting of the claim.

However, it is important to remember that to an adjuster, yours is just one of hundreds of other claims they handle each year and their job is to separate the justifiable claims from those that can be dismissed. Thus, adjusters may use a recorded statement as an excuse to unfairly interrogate the claimant and nudge them into saying things that will hurt the claim.

Why do Worker Compensation Lawyers Las Vegas Advise Against Giving Recorded Statements

Remember, what you say in a recorded statement may become inextricably linked to your claim. You also have the right to refuse to give a recorded statement and can instead send a written statement, looked over by your workers compensation lawyers in Las Vegas. Whether you are filing a worker’s compensation claim or a negligence claim against another business or governmental entity, it’s advised to only give written statements where necessary and to avoid all recorded statements not legally necessary.

Far too often a well-meaning but perhaps naive claimant may inadvertently say something that can be used by the claims adjuster to weaken the case. Their job is to keep payouts at a minimum and are experienced in prompting claimants to admit to things that can lessen the at-fault party's liability and reduce the amount of compensation that can be claimed.

For more information about what to do -- and what not to do -- following a workplace accident, or for a free case consultation, contact GGRM, your workers compensation lawyers in Las Vegas at 702-388-4476.

Steps to Take After Being Injured on the Job Offer

Work Injury Lawyers in Las Vegas Show How to Improve Workplace Safety

Workplace Safety

No employee wants to think about – much less suffer – an injury on the job. But the reality is, the workplace can be a hazardous place – and not entirely because of the functions performed there but also because most people spend the majority of their days at work.

The numbers, as they say, tell the story: Although the total number of workplace injuries in private industry decreased slightly in 2014 to about 916,000, more of these injuries required employees to take time off work to recuperate, according to the U.S. Department of Bureau of Labor and Statistics. Translation: workplace injuries exact a heavy toll on employees in terms of pain and inconvenience, lost work time and ancillary medical expenses.

While your employer should shoulder the lion’s share of responsibility to ensure your safety on the job, it’s in your best interest to be vigilant and proactive, too. Take it from the best work injury lawyers in Las Vegas, Greenman, Goldberg, Raby and Martinez. Quick-thinking, fast-acting employees can avert injury by minding these four steps:

Inspect workplace conditions before every shift and immediately report problems, malfunctions or other things that strike you as amiss to a supervisor. While your primary goal is to ensure your safety, the most experienced work injury lawyers in Las Vegas have seen how the outcome of a personal injury lawsuit can pivot on the prompt action on the part of an employee.

Speak up when a safety protocol appears incomplete, misguided or just plain wrong. Employers who establish sound safety procedures should be confident they also will withstand scrutiny. And a responsible employer will always encourage feedback so safety procedures are regularly monitored and improved when conditions warrant. Think of workplace safety as being an ongoing endeavor; it has no end.

Remain alert to the task at hand at all times. Ask the best-known work injury lawyers in Las Vegas: many workplace injuries occur not because employees didn’t know their jobs but because they were so familiar with them they either became complacent or began taking shortcuts. In addition to "staying frosty," it helps to eliminate distractions.

Treat near-misses with the utmost seriousness and urgency. Near-misses are accidents waiting to happen – literally. The National Safety Council reports near-misses precede 75 percent of all accidents, which means they serve as fair warning an accident is imminent. Heed this warning; don’t delude yourself into thinking since you’ve "dodged a bullet" once, you can do so again. Consider a near-miss as step 1 in making a change in a safety procedure.

Trust the work injury lawyers of Las Vegas

Despite your best efforts to improve workplace safety, an injury always looms as a possibility. If it becomes a reality, and you need help navigating worker's compensation laws, reach out to the legal team of Greenman, Goldberg, Raby and Martinez at 702-388-4476 for a free consultation.

They have represented thousands of people who have been injured on the job in southern Nevada since 1970. Their knowledge of worker's compensation laws is unparalleled, which is exactly why you’ll benefit from leveraging their insight and experience to your advantage. They know that no employee wants to suffer a job-related injury, but they’re ready to be your best advocate if you do.

Steps to Take After Being Injured on the Job Offer

Halloween Safety Tips from the Injury Law Firm in Las Vegas

Halloween Costumes

It's that time of year for your little ghouls and goblins to start getting excited about an evening filled with sweet treats and creative costumes. At Greenman, Goldberg, Raby and Martinez, we are an injury law firm Las Vegas residents look to when they need advice.

In the spirit of looking out for our neighbors, we've compiled these Halloween safety tips to help your trick-or-treaters have a good time and keep out of harm's way.

Rally the reflectors. Bright, reflective clothing will help drivers see your costumed kiddos when the sun starts going down. You can purchase reflective tape at most craft, fabric, and Halloween stores, or do a quick search online. Make sure it's visible from several angles of your child's body so headlights will hit the tape from every direction.

Makeup, not masks. Masks can limit or block eyesight. Forgo facial coverings and opt for makeup instead.

Don't forget to do a shoe review. Cute or stylish shoes are great in the living room, but you don't want to wind up carrying your kid because their shoes weren't really meant for walking. Avoid blisters, aches, and pains by choosing shoes meant to hit the pavement. Make sure they fit well, and accompany them with some sturdy socks. Double-knot the laces to help prevent trips and falls.

Load up on lights. Every person walking in your crew, kids too, should have a flashlight with fresh batteries. Be sure to check all flashlights before you head out the door to make sure they're working properly. Stash some glow sticks or glow rings in a tote, too. The kids can wear those when it starts to get dark to add to their illuminating appeal, which will help keep them visible.

Review safety information. Make sure your kids have a few important phone numbers committed to memory. Ensure younger kids can recite your address in the event you should somehow get separated, and make sure they know your full name. "Mom" won't be super helpful to authorities if they're trying to locate you. Although you never plan to separate from your child, it's best to be prepared for unlikely events like this so your trick-or-treaters have a safety plan in place. This is also a great time to teach or remind your child about 9-1-1 in the event of an emergency.

Turn to the injury law firm Las Vegas trusts

Greenman, Goldberg, Raby and Martinez is an injury law firm Las Vegas residents come to when they've experienced pain, suffering, or accidents. Our team of attorneys is here to help you with your questions and legal claims. Call us at 702-388-4476 or contact us online for a free case consultation.

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Is Hands Free Driving Safe?

Hands Free Car

When it comes to driving there are a few cardinal rules we are all aware of, stop at traffic lights and stop signs, stick to the speed limit, don't drink or drive. The lines get blurred when it comes to using cell phones and mobile devices. We all know we shouldn't look at our phone or hold our phones while we are driving but what about hands-free devices? If you or a loved one has been in an accident call GGRM, the injury lawyers in Las Vegas.

Cell Phone Laws in Nevada

Handheld cell phone use in Nevada is illegal. The law was passed back in 2011 that states any driver using a handheld phone or similar device to read, talk or type will be fined up to $250. While this may not seem like much, fines can quickly add up and you may face serious consequences.

Hands-Free Systems are Not Mentioned in the Laws but Does that Mean they are Safe?

Hands-free systems don't fall under the cell phone laws in Nevada however they do cause drivers to become easily distracted. Talking while driving, especially if you are having a serious or heated discussion, can cause drivers to quickly become distracted. Emotions can also flare and this can cause aggressive or distracted driving.

When you look at the nationwide statistics, around 26% of all car crashes across the country involve some type of cell phone use, this statistic includes hand free devices. When you are distracted or multitasking this can cause you to miss things going on around you which can cause a motor vehicle accident.

Need Injury Lawyers in Las Vegas?

When it comes to using hands-free systems in your car it is best to use caution. If you are involved in a car accident in Las Vegas whether it is due to distraction or the other driver error, GGRM law firm will help you wade through the tricky court system. Our injury lawyers in Las Vegas are here to help you in any way we can. Call 702-388-4476 for a free consultation.

Steps To Take After a Car Accident Offer

Who is Responsible for Faulty Roads Leading to Vehicular Damage?

Car Damage From Road

When it comes to damage to your vehicle due to a pothole, cracks in the road or other issues from the road not being up to standard in Nevada, who is responsible?

The answer to this question is not clear. While the state of Nevada may allow you to submit a claim through the Attorney Generals website, this does not mean they will take responsibility and pay for the damage.

Many states across the country including Nevada have very strict guidelines as to when they will pay for vehicular damage from a faulty road. In fact, going through the process can be a huge headache with a lackluster result, however it doesn't mean you shouldn't try, you may just want to look into accident attorneys in Las Vegas to help determine if you have a case.

Times When a Claim May be Paid

There are a few things the local or state government will take into consideration when looking at a claim.

  • Was the Issue Known to Them - If the city, county or state knew about the road problem earlier and did nothing about it, they could be held liable.
  • Was the Issue Fixed in a Timely Manner - If an issue was reported and was not fixed within a timely manner, liability may be established.
  • Was the Road Defect the Main Cause of Damage - If you can prove the road defect was the main cause of the damage to your car, you may have a case.

In the past there were reports of cars being damaged by loose water valve cover fasteners in the Las Vegas area. These were discounted and never paid due to the fact that the water company claimed they never knew of the issue before the accidents. It is important to have as much evidence as possible when filing a claim like this.

Looking for Accident Attorneys in Las Vegas?

If you are looking to submit a claim for vehicular damage due to an issue with a Nevada road, our team of accident attorneys in Las Vegas can help. Contact GGRM at 702-388-4476 with any evidence and proof you have of the accident.

We will discuss your claim with you and work hard to fight for your reimbursement due to damage from the city, county and state roads.

Contact the team of Greenman, Goldberg, Raby and Martinez, Accident Injury Attorneys in Las Vegas, to get the compensation you deserve.

Steps To Take After a Car Accident Offer