It’s commonly understood that an infant’s skull, and therefore the infant’s brain as well, is extremely delicate for the first year to year and a half of life. Before the skull fully knits together and hardens, an infant’s brain is vulnerable to serious injury that can have life-long consequences. For the infant and his or her parents, such injuries create lasting challenges and heartache. There are several sources of infant head injuries, many, but not all, related to falls:
- Parental mistake. A clumsy mistake while holding an infant can lead to terrible injuries. That’s why parents need to take special care when lifting and holding their infants. Parents can make a variety of other mistakes, like leaving a child on a bed without adequately ensuring that the child can’t roll off or trying to sit a child in a seat that isn’t appropriate.
- Professional caregiver negligence. Many parents rely on professional or semi-professional caregivers, like nannies or day care providers, to look after infants. When an infant is injured in a caregiver’s care, parents may have the option of suing the caregiver to recover compensation. Licensed and insured day care centers will have coverage for such lawsuits and likely will have greater resources to pay an award than an individual who is working as a nanny.
- Negligence by a nurse or doctor. Nurses and doctors who work with infants are specially trained to prevent injuries. When an injury does occur, the professional who causes it may have committed professional negligence. A professional negligence claim must be supported by the sworn affidavit of a professional in a similar line of work as the defendant, who confirms his or her independent opinion that the defendant did not use reasonable care ordinarily used in similar circumstances by other similarly trained and experienced professionals. This affidavit requirement imposes an extra hurdle on parents who might want to sue a doctor, nurse, or hospital.
- Car accidents. Unfortunately, even with advances in child safety seats car crashes can still lead to serious brain trauma in infants. In some cases, the injured infant wasn’t properly secured in the seat, while in others the seat was defective, improperly installed, or inappropriate for the age or weight of the child. Each of these scenarios will involve different legal issues, such as whether the car seat manufacturer bears liability for selling a defective product. If the accident was caused by another driver, that driver may use problems with an infant’s car seat as a partial defense against liability.
A serious brain injury to an infant is a terrible event to face as a parent. It can be helpful to work with a caring and respectful attorney to explore legal options for recovering compensation for medical bills and suffering. The law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury and auto accident cases for over 45 years. Call us today for a free attorney consultation about your case at 702-388-4476 or reach out to us through our contacts page
Many dog attacks feel like they happened out of the blue, when a seemingly docile animal suddenly turns aggressive. Sometimes the facts of a dog bite lend themselves to the argument that the bite victim caused the dog’s aggression or failed to act appropriately when a dog began showing signs of agitation. Such arguments in the legal context are called contributory negligence.
Contributory negligence under Nevada law
When a defendant in a personal injury case raises the contributory negligence defense, his or her goal is to transfer at least some of the blame for the plaintiff’s injury back onto the plaintiff. Contributory negligence can apply even if the defendant was negligent in causing the plaintiff’s injury. It asserts that the plaintiff was also
negligent in some way, and as a consequence of the plaintiff’s negligence the plaintiff’s injury occurred, or was made worse than otherwise would have been the case had the plaintiff not acted negligently.
Negligence is a legal standard that applies when someone owes another person a legal duty of care and fails to meet that duty in some way. For example, a legal standard might state that individuals have an obligation to behave reasonably around dogs so as to prevent injuries to themselves and others.
Nevada applies a modified contributory negligence rule. Under it, a plaintiff’s recovery against the defendant will be reduced by a percentage of fault that is assigned by a court to the plaintiff’s negligence. If the plaintiff is judged to have been 50% or more responsible for the injury, then the defendant will not be held liable for any damages.
What constitutes contributory negligence in a dog bite case?
Every dog bite case is different. A host of important facts can determine the course of the case. Those facts might include the sex and breed of the dog, the location of the event, whether or not the defendant (typically but not always the dog’s owner) was in breach of dog safety laws at the time, and so forth. Given all the variables it is difficult to describe for certain when contributory negligence might apply.
In general contributory negligence may arise in a dog bite case where the plaintiff did something to provoke the dog. Typically a provocative act is something more than just acting in self defense. In other words, a person who responds to a dog barking aggressively at them by waving a stick at the dog might simply be protecting themselves, but someone who teases the dog or actively begins to attack it might be inviting aggressive behavior. Likewise, if the plaintiff disregards a “Beware of Dog” sign, or is committing an unrelated wrongful act, like trespassing, a contributory negligence defense might be more likely to apply.
GGRM is a Las Vegas dog bite injury law firm
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has served clients in the Las Vegas area in personal injury and dog bite cases. If you have suffered an injury from a dog bite and you aren’t sure how contributory negligence might factor into your case, please contact us today for a free attorney consultation about your case. Call 702-388-4476 or contact us through our website
In rare circumstances a personal injury case may go all the way to trial, with a judge or jury making critical decisions about the liability of the defendant and determining how much the defendant should pay in compensation to the plaintiff. Cases fail to settle before trial for a variety of reasons, a common one being unreconcilable differences about key facts or interpretations of law that lead the two sides to very different ideas about how much the plaintiff’s claims are worth. After a trial is over and a jury reaches a decision, there are times when a plaintiff may want to file an appeal.
What an appeal can and can’t do
The party that files the appeal—the appellant—may be the defendant or the plaintiff. Nevada’s Rules of Appellate Procedure
govern when and how appeals may be pursued. In an appeal the appellant asks the higher court to change part or all of the lower court’s decision, potentially throwing out the decision of the trial court and in some cases even ordering that the case be retried. Trial courts generally examine the decisions of lower courts for legal errors that could have influenced the outcome of the case.
A key feature of appeals is that they are not retrials of the entire case. The appeals court will examine the evidence presented at the trial court, but will not allow either party to introduce new evidence. In other words, the case will be decided based on the facts that were established at trial. If a problem was allowed to remain on the record at the trial level, the appeals court may not have leeway to consider alternative evidence.
When is an appeal the right step?
The decision to appeal can be a complex and difficult one, in part because appeals must be made within a fairly short time following the final decision of the trial court. Appeals may require the expertise of a new attorney, one who is familiar with appellate practice. And of course, appeals can cost more money.
There are cases where a plaintiff may wish to file an appeal anyway, because the stakes are high enough that pursuing a case to its fullest is worth the risks. Here are some scenarios where the plaintiff may want to appeal:
- Improper instructions were given to a jury, which reached a key decision in reliance upon them.
- The trial judge made errors in allowing or disallowing critical evidence.
- There is evidence that the jury or judge was unlawfully biased against the plaintiff.
Work with an experienced Nevada personal injury attorney
Ideally a personal injury case won’t need to go as far as an appeal. If it happens it’s important that every part of the case leading up to the appeal has been handled competently. That’s another good reason for working with a law firm with deep experience handling personal injury cases. The attorneys at Greenman Goldberg Raby Martinez have represented Nevada clients in personal injury cases for over 45 years. For a free attorney consultation about your case, call us at 702-388-4476 or through our website
The attorney-client relationship is one of the most intimate non-family relationships one can have. An attorney is ethically bound to provide zealous, passionate representation to every client. The client, meanwhile, is entitled to ask questions and raise concerns. Sometimes a client finds that an attorney isn’t providing the kind of service that the client expects or isn’t getting the results the client believes are possible. In those cases, it can make sense for the client to find a new attorney.
Reasons why a client might want to switch
Someone who is in the midst of pursuing a legal claim for a personal injury can be under a lot of pressure, whether from the costs related to the injury, its effect on their personal life, or the impacts on the client’s job. It is important that the relationship with the attorney not also be a source of problems. Clients may want to move on from an attorney who is adding to stress by being rude, belligerent, or intimidating.
Clients may also want to move on from an attorney that they believe has committed an ethical violation. An ethical violation might involve a breach of the attorney-client confidential relationship, whether in court or in the course of negotiating a settlement. A violation might also involve a mishandling of funds, or a conflict of interest such as a simultaneous relationship with a party who is adverse to the client.
Reasons not to switch
The most important reason for a client to stick with the attorney they start with is to avoid lengthy delays and potentially undermining their case. A new attorney will need to come up to speed on everything that has happened, potentially taking significant time to re-analyze issues that the previous attorney had already studied. The court may allow for a short delay while the new attorney gets up to speed, but a judge probably won’t allow a plaintiff to inconvenience the defense for very long.
A less clear case but one that deserves attention is where the client simply feels that the attorney isn’t getting as much as the client believes is possible to achieve out of the case. Clients rarely have the training and knowledge required to fully evaluate the merits of a case or the kinds of damages that are achievable in court or through settlements. Leaving an attorney for another one solely because that attorney tells you what you want to hear may not be a good strategy. In fact, the attorney who promises the moon probably is overselling the case.
GGRM is a Las Vegas personal injury firm
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury and workers’ compensation cases. We strive to provide personal, caring service to each and every client, regardless of the size of the case. If you have been injured and would like to speak to an attorney about your legal options, call us today for a free consultation. We can be reached at 702-388-4476, or ask us to call you through our contact page
Devices that track personal health and activity statistics have become all the rage. Fitbits, Apple watches, cell phone apps, and other devices all can keep track of an astonishing amount of information about their users. Everything from a person’s heart rate and step counts to sleep patterns and minutes spent exercising. Every fitness tracker device is intended to help users keep tabs on their activity and, in theory, move more.
Fitness trackers aren’t without their critics. Several types of potential harm have been pointed out, with varying degrees of substance behind them:
- Potentially harmful radiation. The science is unsettled on whether cell phones and other similar devices can cause cancer. Some doctors recommend limiting cell phone use in case a connection between the radiation phones produce and certain kinds of brain cancer. Fitness trackers operate at a lower energy level than cell phones, but they can still release a constant stream of low-frequency energy that could theoretically pose a health risk. Only time will tell if such fears are warranted.
- Over-exercise. Fitness trackers push their users to meet goals based around a general standard that might not be appropriate for every user. People who push themselves to meet the goals set by their trackers may be putting themselves at risk, especially if they have undiagnosed conditions like heart disease that could make exercising dangerous.
- Anxiety and other mental health. Some people are reporting serious bouts of anxiety and obsessiveness caused by their trackers. Someone who fails to meet the goals set by their tracker might feel stress that affects other parts of their life. People who are prone to problems like eating disorders or depression may develop significant complications as a result of using a fitness tracker.
It’s always a good idea to consult with a doctor before beginning a new exercise routine. A doctor might also help a patient evaluate whether a fitness tracker is the right solution for them. For most people a fitness tracker is probably a good tool, but taking some precautions is probably a good idea.
The law firm of Greenman Goldberg Raby Martinez represents clients in the Las Vegas area in personal injury cases. If you have been injured we would be happy to provide you with a free attorney consultation about your legal options. Call us at 702-388-4476 or through our contacts page
As employers have moved toward a more casual work environment, some have begun to allow employees to bring their dogs to work. When such a policy works, everyone in the office enjoys having a dog or two around, the dogs are friendly and unobtrusive, and the dog owners get to avoid paying for dog care or worrying about a dog left at home all day. But if a dog causes significant injuries to an employee, whether from biting or knocking the employee down, what options does the injured employee have to recover compensation? There are two potential avenues to consider: workers’ compensation and personal injury litigation.
Dogs and workers’ compensation
With respect to an employer’s liability, workers’ compensation rules apply to most injuries that arise out of or in the course of employment. Workers’ compensation is an exclusive remedy, which means that if an injury falls within the scope of workers’ compensation, the injured employee usually can’t sue the employer for personal injury. Instead, the employee files a workers’ comp claim to cover the costs associated with the injury. Because workers’ compensation is also a form of no-fault insurance, the insurer will not investigate whether the employee’s own negligence contributed to the injury. A workers’ compensation claim typically will cover medical bills, lost wages for someone who must take time off work, and potentially the cost of healing scars and other issues.
An employer that allows dogs at work should have incorporated the presence of dogs into its workers’ compensation policy. If the employer did not, and the insurer refuses to cover the employee’s injuries, the employee will need to consult with an attorney to determine the best next steps with respect to the employer’s liability.
What about the dog’s owner?
The workers’ comp exclusive remedy rule only protects the employer. It does not apply to the coworker who owns the dog. Whether a lawsuit against the dog’s owner is appropriate depends on a number of factors, including: Is workers’ compensation insufficient to cover the expenses related to the injury? Did the dog’s owner behave in an especially negligent or intentional manner to cause or contribute to the injury? Did the owner knowingly bring a dangerous dog to work?
In some cases, the answer to the question of whether to pursue workers’ compensation or a lawsuit may be “both.” Someone who receives workers’ comp benefits cannot pursue the same types of compensation from a defendant but may be able to pursue other forms of compensation. Workers’ comp doesn’t provide compensation for cases of gross negligence, or for pain, suffering, or other forms of noneconomic damages.
GGRM handles dog bite litigation in Las Vegas
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury and workers’ compensation cases. We can help you sort through your legal options if you have been injured by a dog at work. Reach out to us today for a free attorney consultation. Call us at 702-388-4476, or ask us to call you through our contact page
Kids and adults alike enjoy the strength, flexibility, and discipline that can be gained in martial arts classes. Martial arts can also be a lot of fun. But like any athletic pursuit, they also involve a degree of risk. Participants should know the risks and keep in mind that they may not be covered by insurance or other legal protections in the event that they are injured while they practice.
Martial arts classes and liability waivers
Every martial arts course asks its participants to sign waivers of liability. The risks of injury in a martial arts class are fairly obvious. Participants may get injured simply attempting a strenuous move, like a kick or falling roll. They may also get injured during routine practice with other participants. Grappling styles like judo or jiu-jitsu involve close contact throws, leg locks, and other movements that can trap and turn joints in awkward ways. “Striking” styles like kung fu or karate can lead to accidental punches and kicks that can cause significant injuries.
Many liability waivers are enforceable with respect to foreseeable injuries like these. A waiver typically will also specify that the participant assumes the risk of injury. The assumption of risk is an important legal defense in any personal injury case. Where the injured plaintiff knew about the risk of injury involved with an activity, but went ahead anyway, lawyers for the defense will have a sound argument that the plaintiff assumed the risk of injury and therefore the defendant is not liable.
Where liability waivers might not apply
A typical martial arts program is a safe and friendly environment, even if competition is intense. There are at least two cases where a waiver of liability might not be relevant in an injury. The first is if an instructor does something that is particularly irresponsible and causes an injury. For example, if an instructor (that is, an agent of the business that runs the program) ignores a participant’s cry of pain and continues to complete a move that causes serious injury, the instructor may be committing an act of negligence that could give rise to liability.
A clearer cut example would be if someone involved in a class deliberately tries to hurt someone else. A waiver cannot excuse deliberately bad behavior, like purposefully punching someone with the intent to harm, or deliberately throwing someone onto a hard surface knowing that they likely will be hurt. Thankfully such cases are rare, but if they do happen it’s important for the injured person to talk to a personal injury attorney.
The law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury cases for over 45 years. If you have been injured at a martial arts case and you would like to speak to an attorney about whether you have a legal case, we are happy to provide a free attorney consultation. Call us today at 702-388-4476 or through our contacts page
Clinical trials are a fundamental part of the development of new medicines and other products, like medical devices. Before a product is tested in a clinical trial in the United States it is required to undergo extensive safety testing to prove that it doesn’t pose a risk of toxicity or other hazards to patients in the trial. Safety standards for clinical trials are determined and enforced by the U.S. Food and Drug Administration
. One hopes that the standards protect participants from being placed at an undue risk of harm, but problems can still happen. There are several sources of risk related to participating in a clinical trial:
- A participant may not receive any active medicines. Patients with hard-to-treat illnesses may view clinical trials as an option of last resort, potentially offering cures that aren’t otherwise available on the market. For patients who hope to receive benefits from an experimental medicine, it can be disappointing to later learn that instead of being given the new medicine, the patient was instead given a placebo as part of the experimental control group. Because a control group is a necessary part of the scientific process, patients should know that this is a risk of being involved in any clinical trial.
- The product may turn out to be dangerous. The object of a clinical trial is to answer specific scientific questions about the tested product, such as whether it is effective in reducing certain indicators related to a specific disease. Researchers are required by law to disclose all known risks associated with a given product as part of a participant giving informed consent to participate. But researchers may not know all the potential risks of a new product. Some individuals may react badly to the product, even facing long-term illness or death as a consequence of the product itself or its interaction with other chemicals in the patient’s body.
- Researcher negligence. The pressure on businesses to reach favorable outcomes in trials is significant. Researchers may make serious mistakes or may even commit acts of fraud in order to speed up or alter the results of a study. In some cases, a researcher’s bad behavior could lead to a patient’s injury.
Before participating in any clinical trials it’s important to first consult with your doctor and take complete stock of the risks. Someone who suffers a serious injury because of a clinical trial may have the option of filing a personal injury lawsuit to recover compensation for the costs associated with treatment and recovery.
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury cases. If you or a loved one has been injured in a clinical trial please contact us today for a free attorney consultation about your options. Call us at 702-388-4476 or reach us through our contact page
Infertility can be a shocking side effect of many types of personal injury. Whether as a consequence of direct physical injury, or due to necessary courses of treatment, infertility may be a significant contributing factor in a person’s post-injury recovery. Someone who was planning to have children and no longer can, or who must now go through expensive fertility treatments to do so, may have the option of adding those issues to a list of demands in litigation.
Infertility as a form of damages
In a personal injury lawsuit, the injured plaintiff demands compensation for the damages
associated with the injury that can be attributed to the defendant’s bad behavior. Plaintiffs typically base their claims on a range of well understood things like medical bills, property damage, and lost wages. A lawsuit may also seek recovery for so-called noneconomic damages, like a plaintiff’s suffering. Infertility can be a factor in both types of damages.
This is because infertility can have elements that are relatively easy or relatively difficult to quantify. On the one hand are cases where an injury forces the plaintiff to undergo expensive fertility treatments or psychological therapy to overcome emotional trauma specifically stemming from loss of fertility. The costs of such treatments have clear sources. On the other hand, the plaintiff’s emotional suffering may have an abstract dimension as well. The costs of losing the ability to have a child can in many ways be more abstract than concrete.
The problems of proof
To receive compensation for any type of damages a plaintiff in a personal injury case must be able to prove the damages with reasonable certainty. Infertility is an example of an injury that raises challenges of proof for a plaintiff. There are several reasons why this can be so, including these:
- Causation. A plaintiff’s fertility problems may have more than one cause. In cases where a clear line can’t be drawn between the plaintiff’s infertility and the defendant’s negligence, the plaintiff will need additional resources, such as the testimony of a medical expert. Likewise, a defendant likely will try to raise doubts about whether the plaintiff has proven the case, for example by asking for evidence that the plaintiff had no fertility problems prior to the injury.
- Emotional harm is harder to prove. For plaintiffs who seek damages for suffering of any kind, issues of proof can raise extra challenges. Infertility may raise especially difficult questions, as plaintiffs may need to “prove” their interest in having children and how infertility has affected them. A plaintiff’s attorney can take steps to protect the client from overzealous defense lawyers, but ultimately the client will need to decide whether pursuing these sorts of damages is worth the emotional cost.
The law firm of Greenman Goldberg Raby Martinez represents clients in the Las Vegas area in personal injury and auto accident litigation. We are proud of our firm’s long history of providing clients with complete, personal service. For a free attorney consultation about your case, call us today at 702-388-4476 or contact us through our website
Funeral homes play an important role in helping families grieve for the loss of a loved one. The scope of their duties can extend well beyond just providing a space for holding memorial services, including services relating to the preparation and storage of remains, cremation, and advice regarding statutory requirements. A funeral home is subject to regulation by the Nevada Board of Funeral & Cemetery Services
. In the midst of a challenging emotional time, a funeral home’s negligence can cause significant disruptions, both emotionally and financially, to a family.
Examples of funeral home negligence have been in the news lately. They cover a broad range of sometimes shocking behaviors by funeral homes that through inattention or outright fraud have created emotionally devastating circumstances for their clients. Examples have included homes that have mishandled the remains of deceased clients, such as not keeping them properly stored so that they begin to decompose. Other funeral homes have been caught storing bodies that they claimed were cremated. Still others have been discovered trying to cover up serious mistakes, like burying someone in the wrong plot.
A family that discovers wrongdoing like this can be left with deep feelings of anguish, in addition to potentially facing additional costs associated with correcting problems caused by the funeral home. In some circumstances a family that is dealing with such trauma can sue to recover compensation for the costs associated with a family’s suffering, therapy, and recovery.
Many funeral homes will ask their clients to sign contracts that contain some form of liability waiver for routine problems that can arise during the mortuary process. For example, contracts for a cremation may specify that a funeral home is not responsible for removing personal property like rings before cremation begins. It’s important for families to review these contracts with care and understand what their obligations are to avoid small but painful misunderstandings.
No contract can waive a funeral home’s liability for gross negligence or willful misconduct. In serious cases, such as the examples involving “lost” bodies, a family should not feel intimidated by a contract’s terms. Personal injury attorneys can review the facts of the case, including the terms of a contract, to help families understand their options.
The attorneys at Greenman Goldberg Raby Martinez provide compassionate, caring service to each of our clients. We have represented clients in the Las Vegas area in personal injury cases for over four decades. For a free attorney consultation about your case call us today at 702-388-4476 or send us a request on our contact page