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Personal Injury Lawyers in Las Vegas Explain the Unfair Practice in Settling Claims

Fair Practices

Every state has laws in place meant to protect consumers from unfair, discriminatory, or deceptive personal injury insurance practices. Two of the most common ways insurance companies may try to avoid paying you what you're entitled to is by delaying the processing of your claim and forcing you into a lawsuit to obtain compensation. When your own insurance company wrongly denies a claim in the State of Nevada, the existing regulations and a Las Vegas personal injury lawyer can help you get the law to work in your favor against your insurer.

Unfair Practices in Las Vegas Personal Injury Cases

Unfair claims practices are similar from state to state, as are the laws that prohibit them. Developed by the National Association of Insurance Commissioners (NAIC), the universal forbidden practices are often tweaked by individual states, so it's important to talk with a personal injury lawyer who is familiar with Nevada's own Unfair Claim Practices law.

Nevada's statute, Nev. Rev. Stat. § 686A.310, identifies 15 unfair practices by insurance companies that wrongly deny a claim, briefly summarized in layman's term here:

  • Misrepresentation of pertinent facts related to your coverage.
  • Failure to respond or act reasonably promptly to communications from you.
  • Failure to promptly investigate and process your claim.
  • Failure to timely affirm or deny coverage of your claim once necessary paperwork is filed.
  • Failure to fairly settle your claim once liability becomes clear.
  • Take actions that compel you to institute litigation to get your fair settlement.
  • Attempt to settle your claim for less than what is deemed reasonable.
  • Attempt to settle your claim based on an application someone other than you revised.
  • Failure to inform you what coverage applies to a payment they make to you.
  • Tell you they appeal arbitration awards to force you to accept less than you're entitled to.
  • Delay your claim by asking for duplicate claim reports from your doctor.
  • Failure to promptly settle your claim under the proper policy coverage.
  • Failure to give you a prompt explanation for denial or inadequate settlement offer.
  • Advise you not to seek the advice of a personal injury attorney.
  • Mislead you on any applicable statute of limitations for your claim.

Contact GGRM, Personal Injury Lawyers in Las Vegas

In Nevada, you can bring a lawsuit for bad faith under tort law, or bring a claim based on the Unfair Claim Practices statute, if your insurer unreasonably refuses to compensate you for a loss covered by a policy. If you believe you have intentionally been denied a fair settlement on your personal injury claim, experienced personal injury lawyers in Las Vegas can help. To learn more, contact the lawyers at Greenman, Goldberg, Raby and Martinez and they'll show you the way to a fair and successful conclusion of your claim. Call GGRM at 702-388-4476 for a free legal consultation today.

Is A Lawsuit Inevitable Offer

Las Vegas Personal Injury Attorneys and Cases vs. Claims

As with any other specialized field, the legal industry has its own set of terms and phrases to describe everything from legal procedures to criminal activity. While some are easily identified, others are more commonly misused or used interchangeably, such as "case" and "claim". While cases and claims are often thought to be the same, there are a number of significant differences between the two, and knowing what they are can help you to understand which steps you'll need to take, to receive adequate compensation for your injury. If you have suffered an injury, sit down with the Las Vegas personal injury attorneys at GGRM to get answers to all the questions you have.

What Is A Claim?

A claim is defined as an assertion put forth by a claimant, for reimbursement due to some type of loss in relation to a contract, or for an injury sustained as the result of negligence. A common example would be an insurance claim, where the injured party makes a claim to receive compensation under the terms of the insurance policy. Damages may include personal injuries, lost wages, or pain and suffering, and qualified Las Vegas personal injury attorneys are often required to negotiate the best possible settlement.

What Is A Case?

Personal Injury Lawsuit

If a claim should go unresolved, the next step is to file a lawsuit. Here, the burden of proof is on the Plaintiff, usually to show that the negligence of the Defendant caused an injury significant enough to justify the amount of compensation you are seeking. Due to the nature of a personal injury lawsuit, they are often reserved for more serious cases where significant injuries were sustained, and require the services of qualified, experienced, Las Vegas personal injury attorneys such as Greenman, Goldberg, Raby and Martinez to achieve a successful outcome. It's important to note, the statute of limitations in Nevada for personal injury lawsuits, is generally two years, meaning you have two years from the date of the incident to file your case in the Nevada court system or risk losing your right to receive compensation.

Contact Las Vegas Personal Injury Attorneys

The Las Vegas personal injury attorneys at Greenman, Goldberg, Raby and Martinez are well versed in every aspect of both personal injury and worker's compensation law, to protect their clients rights, and get them the compensation they deserve. Contact GGRM, at 702-388-GGRM (4476) for a free consultation.

Is A Lawsuit Inevitable Offer

What is the Statute of Limitations a Las Vegas Workers’ Comp Attorney has to File a Claim?

Worker's Compensation Claim Form

Some workplace injuries show up immediately, others aren't apparent for several days. This begs the question of how long you have to file a workers' compensation claim. What is the statute of limitations for a Las Vegas workers' compensation claim, anyway? It's a great question and one, Las Vegas workers' comp attorneys are here to answer.

Here's a look at Nevada's workers' compensation laws--and what you need to know in order to be fairly compensated for medical bills, lost wages and any permanent disability suffered while on the job.

How much time do you have to give notice you were injured?

In Nevada, it's best to notify your employer right away if you are injured at work. State law requires you to provide written notice to your employer within seven days of your accident or injury.

It's important to note not all workers' compensation claims involve injury. Some involve occupational diseases. In these cases, the statute-of-limitations clock starts’ ticking when you find out your disease was caused by your occupation. You have seven days from that point to notify your employer.

What type of written notice is required to report a workplace injury or illness?

If you are injured on the job or become ill as a result of your job, you need to fill out the "Notice of Injury or Occupational Disease" form, which is known as C-1 and should be available from your employer.

It's also important you let your doctor know your injury or illness is work-related so they can fill out a form called the "Employee's Claim for Compensation/Report of Initial Treatment," which needs to be sent to your employer within three days of your treatment.

What if you don't have time to immediately fill out the C-1 form?

In the event of a serious injury, don't worry about filling out the form right away. The most important thing for you to do when the injury is serious is to get yourself to the nearest hospital for care.

You, your family or your Las Vegas workers' comp attorneys can notify your employer of the injury after you have been treated.

What if you miss the deadlines?

You have seven days to notify your employer of your injury or illness using the C-1 form. You have 90 days from the date of injury to submit a C4 form. Hire a Las Vegas workers' comp attorney to meet these deadlines and keep your case on track.

Don't miss a deadline

If you have been injured at work or become ill as a result of your job, it's important you manage the paperwork and file your claim in a timely manner. Las Vegas workers' comp attorneys can help ensure you don't miss a deadline and have the opportunity to be fairly compensated for your medical bills, lost wages and permanent disabilities.

Contact Las Vegas workers’ comp attorneys

Connect with Greenman, Goldberg, Raby and Martinez for more information about your rights, recovery and filing a claim. GGRM are the Las Vegas workers' comp attorneys that will fight by your side every step of the way to make sure you receive the compensation you deserve. Call 702-388-4476 to schedule a free consultation today.

Steps to Take After Being Injured on the Job Offer

What Jobs Will Workers’ Comp not Cover? Get a Las Vegas Attorney for Injured Workers

Work Injury Claim

If you're injured or made ill at work, workers' compensation will often help provide monetary support. This insurance is carried by employers and helps to cover the costs of medical expenses, lost wages, and more if you're injured on the job. In Nevada, private employers who have just one employee must carry workers' compensation insurance.

However, workers' compensation doesn't cover everyone. A Las Vegas attorney for injured workers can help you determine if you're covered and also represent you to ensure you get the benefits you're entitled to.

The following are jobs not covered by workers' compensation:

Independent contractors

Independent contractors – as opposed to employees – are usually not covered by workers' compensation. These can include workers such as computer consultants and freelance writers. However, there have been cases in which companies have attempted to misclassify workers as independent contractors and have been prosecuted for fraud as a result.  In other cases, independent contractors who work for prime contractors may be considered employees and thus entitled to workers' compensation coverage. These can be complicated distinctions and are best discussed with a Las Vegas attorney for injured workers.

Most volunteers

Volunteers are unpaid, and they're usually not covered by workers' compensation, even if they're given food, transportation, or lodging. However, volunteer firefighters and police officers are covered by workers' comp, and some organizations willingly purchase coverage for their volunteers.

Federal employees, railroad employees, and longshoremen

These workers are entitled to workers' compensation benefits, but they're not covered by state-run programs. Instead, federal employees are covered under the Federal Employee's Compensation Act (FECA), railroad workers are covered by the Federal Employers' Liability Act (the Railroad Workers Act), and longshoremen are covered under the Longshore and Harbor Workers' Compensation Act.

Other workers

In some cases, the following workers may also not be covered by workers compensation in Nevada:

  • Agricultural laborers
  • Household domestic service workers, such as maids and nannies
  • Theatrical or stage performers
  • Musicians playing in wedding receptions, private parties, etc.
  • Sports officials at amateur, intercollegiate, or interscholastic games sponsored by a public agency or entity or a private nonprofit organization
  • Members of the clergy

Workers' compensation laws can be complicated and vary from state to state, so if you live in southern Nevada, it's important to get the advice of a Las Vegas attorney for injured workers.

Contact a Las Vegas attorney for injured workers

If you've been injured or have become ill as a result of your job, workers' comp attorneys in Las Vegas today. The law firm of Greenman, Goldberg, Raby and Martinez offers free consultations and can be reached at 702-388-GGRM (4476). Our Las Vegas injury attorneys have handled workers' compensation cases in Nevada since 1970 and are very familiar with Nevada's specific rules. We'll work hard to help you get the financial help you need.

Steps to Take After Being Injured on the Job Offer

Let Workers’ Comp Attorneys in Las Vegas Help you Start the Process

When you have been injured on the job, it is important to begin the process of filing for workers' compensation right away. Many of the steps you must complete in order to receive compensation for your injury are time sensitive with a quick deadline. GGRM, the workers' comp attorneys in Las Vegas walk you through the steps you should take to start the workers’ comp process following a work injury.

Notify Your Employer

Workers Compensation Accident Claim

The first step you should take in the workers' comp process is notifying your employer of the injury. Generally, this notification should be provided to someone in a managerial position at your workplace.

In the state of Nevada, you have seven days following the accident to provide your employer with a written notice, using the "C-1 Notice of Injury or Occupational Disease Form (Incident Report)". For occupational diseases, the seven day time frame begins the moment the condition is determined to have been caused by your work. Turning in your notice late or failing to provide any notice at all may result in your workers' comp claim being denied.

Sometimes your doctor will ask you to file a workers' compensation form that will notify your employer and insurance of the injury. Even if this happens, it is still a good idea to personally provide notice to your employer to ensure they are aware of the situation.

Filing the Report

Once you have notified your employer of the incident, they will then need to file a "C-3 Employer's Report of Industrial Injury or Occupational Disease" form and submit it to the Nevada Department of Industrial Relations. Your employer will need to also notify their workers' comp insurance carrier.

You will need to complete and submit a "C-4 Employee's Claim for Compensation - Report of Initial Treatment" form. You have up to 90 days following the accident to submit this form. Once the insurance company receives this form, they will approve or reject your claim within 30 days.

Following these steps will allow your workers' comp claim to begin. Once approved this coverage will cover your medical bills, as well as paying temporary disability checks.

Rejected Claims

Unfortunately, sometimes claims are denied or disputed. If you disagree with your insurance company's decision to reject the claim, you have the right to file an appeal within 70 days with the Department of Administration. You should contact knowledgeable and experienced workers' comp attorneys in Las Vegas to assist you with this process. Your case will be presented in front of a Hearing Officer, who will issue a decision on the case. The Hearing Officer's decision may be appealed within 30 days.

Contact the Workers' Comp Attorneys in Las Vegas

If you need workers' comp attorneys in Las Vegas to assist you with processing your workers' comp claim, contact GGRM Law Firm. Our Las Vegas workers' comp attorneys have been handling workers' comp cases for more than 45 years and will stand by you to get the compensation you deserve. Call GGRM at 702-388-4476 for a free consultation today.

Steps to Take After Being Injured on the Job Offer

Can I be Fired While Out on Workers’ Compensation? Let Las Vegas Workers’ Compensation Lawyers Explain Your Rights

Boss Meeting Fired

After being injured at work, many people are hesitant to file for workers' compensation out of fear of losing their job. Instead, they will try to use their health insurance, sick days, and short-term disability time to cover their treatment and recovery. However, since most doctors screen for work injuries, you’re often left with no choice but to file a workers’ comp claim and when you do it’s in your best interest to contact the Las Vegas workers' compensation lawyers at GGRM.

Can I be Fired for Filing a Workers' Comp Claim?

The good news is you cannot be fired for simply filing a workers' comp claim. However, this does not mean you cannot be fired while your claim is active. If they can demonstrate there were reasons for firing you or laying you off unrelated to your workers' compensation claim, they can terminate your position while your claim is open.

At Will vs Contracted Employees

The terms of your employment will affect how your workers' compensation claim is handled. At will employees can leave their job or be fired by their employer for any reason or even no reason at all, thus the term "at will." When you have filed a workers' comp claim as an at will employee, this may motivate your employer to let you go. However, they will not indicate this as the reason, as you could then file a lawsuit for discrimination or retaliatory termination. Instead, they will likely offer a legal reason for your termination, such as poor work performance, company restructuring, or financially necessitated layoffs.

Things work a bit differently for contract employees. The contract you signed upon being hired should detail the various conditions under which your employer may terminate the contract. Among these reasons may be a provision to allow termination if the employee is unable to work for a certain amount of time (generally six months or so). This provision would legally allow a company to terminate an employee with an open workers' compensation claim.

Contact the Las Vegas Workers' Compensation Lawyers

The process of filing for workers' compensation can be confusing and extremely time consuming. That's why the Las Vegas workers' compensation lawyers at GGRM are there for you when you need them. When you have been injured on the job, our workers' compensation lawyers will fight to get you the compensation you are entitled to for the costs of your medical expenses and lost wages. Call GGRM at 702-388-4476 to schedule your free consultation today.

Steps to Take After Being Injured on the Job Offer

Should You Accept the Policy Limit of the Faulty Party if it Doesn’t Cover All the Damages? Let Our Personal Accident Attorneys in Las Vegas Help

Car Accident Insurance

No one plans to get into a car accident. As such, there are many Americans, particularly those on tighter budgets, who opt for the lowest priced motor insurance policies that only meet state minimum liability requirements. In Nevada, that minimum required amount of auto insurance coverage is $15,000 per person with a total maximum of $30,000 per incident and as much as $10,000 for property damage to be paid out to accident victims only if the policy holder is found at-fault.

So what happens if you get in an accident and the other at-fault driver only has this basic 15/30/10 policy, but that amount doesn't cover all of your damages? Remember, the underlying purpose of liability vehicle insurance is to provide financial and legal protection following an at-fault accident. If your damages exceed what the at-fault driver's insurance is willing to pay, then your primary recourse is through civil litigation. The following is a quick look at insurance laws and what our personal accident attorneys in Las Vegas can do to help you recover total damages.

Begin By Looking at All Applicable Policies

The first step you want to take is to claim all you can with the at-fault driver's insurance policy. If you have uninsured or underinsured motor vehicle coverage, that policy should cover most, if not all, of your bills related to the accident (medical, lost wages, property) not covered by the at-fault driver's insurance.

There may also be other available insurance policies available to provide coverage, such as policies covering resident relatives of the at fault driver, and the at fault vehicle owner’s policy.

Going After Assets

Thus, if after you have factored in all the applicable insurance policies and still find you have lost or owe money because of an accident that was not your fault, then the next step is to consider whether or not to go after assets beyond coverage offered by the at-fault driver's insurer.

Personal accident attorneys in Las Vegas begin this process by determining the amount and type of assets held by the at-fault driver and whether or not their insurers should have paid more out to cover your damages. This is often followed by litigation.

Contact GGRM, the Personal Accident Attorneys in Las Vegas

If you have been in an accident and the faulty parties insurance doesn't cover the policy limit, contact GGRM, the personal accident attorneys in Las Vegas, at 702-388-4476 for a free case consultation. GGRM has been helping clients through litigation for over 40 years and will help you receive the compensation you deserve.

Steps To Take After a Car Accident Offer

Why You May be Paying Medical Bills on an Accident That Wasn’t Your Fault

Car Accident Medical Stress

It should come as no surprise vehicle accidents rank among the leading causes of non-intentional injuries and deaths in the United States. No one deserves the trauma resulting from a motor vehicle accident, and this is doubly true when the accident was not your fault. After the initial pain and suffering, there are few things worse than finding out you are the one left footing the medical bills.

The following is a quick look at why you might be made responsible for medical bills even in an accident was not your fault and whether Las Vegas personal injury attorneys may be able to help you get the just compensation denied by the at-fault driver and his or her insurance.

3 Reasons the At-Fault Driver's Insurance Company May Not Pay:

  • The driver's insurer may determine through their own investigation their client wasn't at-fault. This can occur even if police at the scene issued tickets to the other driver or otherwise noted in reports the other driver was at-fault. Instead, the insurance company may say the factors leading up to and surrounding the vehicle accident show you as being the negligent party.
  • The at-fault driver's insurer may determine neither party was to blame and will simply refuse to pay, often pointing to another underlying issue (such as dangerous premises or poorly repaired roads).
  • The at-fault driver's insurer may deem their policyholder as driving recklessly (i.e. they were intoxicated, overly fatigued, or otherwise distracted) and may point to a clause that denies coverage in such scenarios.

Another issue may be uninsured or underinsured insurance coverage. The Las Vegas personal injury attorneys of GGRM have gone in-depth to why it is important to carry as much insurance as you can afford. Watch the video.

Consider if you were on a motorcycle and were hit by a driver in such a way it caused extensive damages requiring long-term physical therapy. If at fault driver only has the minimum liability insurance coverage, then their insurer will only pay out (in Nevada, at minimum requirements) $15,000 per person for bodily injury, $30,000 per accident for bodily injury, and $10,000 per accident for property damage. Because you were not at-fault, your own base limited liability policy will not cover any additional medical bills you might have beyond that covered by the at-fault's 15/30/10 policy.

However, if you opted for uninsured/underinsured motorist coverage, you may get compensation for all of your losses in the event the other party lacks the appropriate insurance coverage, up to the limits of your coverage.

Contact GGRM, the Las Vegas Personal Injury Attorneys

If you have been injured in an accident due to the fault of another party, contact the Las Vegas personal injury attorneys of GGRM at 702-388-4476 for a free case consultation. They will review your case and break down your insurance coverage with you. When it comes to getting fair compensation when in an accident, it pays to have the best legal team in Las Vegas on your side.

Steps To Take After a Car Accident Offer

Las Vegas Accident Attorneys Discuss Why an Insurance Claim May be Denied

Car Insurance Claim

They say patience is a virtue, but sometimes you need more than patience to navigate the claims process with an insurance company. You may need the skill of Las Vegas accident attorneys, too, especially if your claim is denied.

Understanding why your car accident claim was denied should top your to-do list. Even this seemingly simple quest belies the difficulty many people experience when they try to get answers to questions on their own, without legal representation.

If you think it's difficult to get someone you know – and know well – to return a phone call, you may have some idea about how difficult it might be to reach a large and impersonal insurance company. Though many conscientious people work for insurance companies, they're usually smart enough to know two key things:

  1. Why the claimant is calling (to gather information)
  2. What the claimant plans to do next (protest and appeal the denial)

Sometimes, there is nothing like good, old fashioned stall tactics to deter someone (like you) from fighting the denial of the claim. So before you put your patience to the test, let the experienced Las Vegas accident attorneys at Greenman, Goldberg, Raby and Martinez lead the way, starting with getting to the bottom of why your claim was denied in the first place.

Our Las Vegas accident attorneys get to the bottom of claim denials

The three most common reasons insurance companies cite for denying a car accident claim include:

  • The claimant was somehow complicit in the accident. This is where the "finer points" of a claim come to light, including if the claimant did something to cause the accident or could have avoided it in the first place. You don't have to read between the lines to realize how far-reaching complicity can be; it can include everything from driving drunk at the time of an accident to the claimant allowing an unlicensed driver to operate the vehicle involved in the accident.
  • The claimant failed to seek medical treatment after an accident, thereby casting doubt on the veracity of the claim. Sometimes, there is a legitimate reason why a claimant does not seek immediate treatment, such as the injuries were undetectable and didn't make their presence known until later. The Las Vegas accident attorneys at Greenman, Goldberg, Raby and Martinez are well aware of this risk and so counsel their clients to seek immediate medical treatment following a car accident – no matter how minor their injuries may seem. This sound advice can do more than safeguard a claimant's health; it also can fortify his or her accident claim.
  • A pre-existing condition makes it difficult to delineate that state from the physical state of the claimant following a car accident. The Las Vegas accident attorneys at Greenman, Goldberg, Raby and Martinez went to law school, not medical school. But after handling thousands of accident claims, they are adept at seeking out top medical experts to answer complex questions that need straightforward answers.

Contact GGRM, the Las Vegas accident attorneys

You may be ready to file an accident claim, or your claim may already have been denied. It's never too soon – or too late – in the claims process to contact Greenman, Goldberg, Raby and Martinez. Patience can help you navigate this process, but the most reputable Las Vegas accident attorneys will help you triumph over it, too. Call GGRM at 702-388-4476 for a free case consultation today.

Steps To Take After a Car Accident Offer