Serious burns can have devastating and long-term consequences. For someone who has been burned in an accident and sues for compensation, it’s important to make a complete accounting of the damages associated with the burn. Doing so requires a thorough understanding of the burn’s medical prognosis and its impacts on the plaintiff’s life.
The types of burns
There are several causes of burns, any of which could be part of a personal injury case. Thermal burns are the type most people probably think of when they think of burns. They’re caused by exposure to heat, whether from touching a hot surface, being exposed to hot steam or liquids, or being burned by fire. Car accidents involving fire often can lead to burn injuries. Other types of burns include those caused by corrosive chemicals, especially to sensitive areas of the body like the eyes and respiratory system, and electrical burns resulting from high voltage shocks.
Burns fall within one of three tiers of severity:
- A first-degree burn is relatively mild and rarely leads to long-term consequences. A mild sunburn is a good example of a first-degree burn.
- Second-degree burns have penetrated deeper into the skin and can lead to painful blistering and other problems.
- Third-degree burns have penetrated the entire skin and may damage underlying tissues. Third-degree burns are extremely serious and potentially life-threatening, as they can result in destroyed nerve endings and other problems for which there is no remedy.
In addition to the tier system, burns are also categorized according to their location and the overall coverage of the body. A victim of a structure fire may have extensive burns over a large portion of his or her body. The more significant the burn coverage is and the deeper the burns have penetrated the skin, the more serious the burn.
Suing for damages after a burn injury
Burn victims often need to seek special forms of compensation in their personal injury lawsuits. A burn can involve a lifetime of lingering pain and discomfort, disfigurement, and a long road of physical therapy and other medical treatments. In settlement negotiations or at trial, the victim’s attorneys must account for all of these consequences. Doing so requires approaching the issue from several angles:
- A calculation of past and anticipated future medical costs.
- Consultation with burn experts to evaluate the anticipated long-term effects of the injury.
- Gathering evidence about the burn’s impacts on the plaintiff’s day-to-day life, such as the way the burn will affect the plaintiff’s emotional and psychological health, career prospects, and personal relationships.
Experienced personal injury attorneys understand that a burn victim is enduring an especially difficult process that needs to be handled with care and compassion. For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in the Las Vegas area in personal injury cases. We can help you or your loved one seek just compensation for burn injuries. Please call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.
Everyone who rides a motorcycle is aware of the risks riders face when they hit the road. In some sense, the risks are part of the thrill that draws people to motorcycles in the first place. But motorcyclists may not be as aware of the special legal risks that come with riding motorcycles.
The limits of insurance
Probably the most significant source of potential risk for motorcyclists is inadequate insurance coverage. Like drivers of cars and other passenger vehicles, a motorcyclist in Nevada is required to carry a minimum level of insurance. The current minimums in Nevada are $25,000 of bodily injury per person, $50,000 of bodily injury per accident, and $20,000 of property damage. For someone on a minimal insurance plan, there are several important considerations:
- A minimal insurance plan covers injuries and damage caused by the motorcyclist to others, that is to say, when the motorcyclist is at fault. It doesn’t necessarily cover the motorcyclist as well.
- The minimum coverage amounts are quite low when compared to the significant risk of injury faced by motorcyclists.
- Policies may have special rules governing passengers that motorcyclists will need to consider before they accept passengers.
Taking out an insurance policy that features higher coverage limits is a good idea. So is taking out additional policies to protect against the possibility of other drivers not having adequate coverage (so-called “underinsured motorist coverage”) can protect against being left without coverage after an accident. Motorcyclists also need to understand how their coverage will change if they are at fault in an accident. Will their policy cover their injuries as well as injuries to others? Will the policy provide for legal fees in such an event? If not, how will the motorcyclist plan for this sort of risk?
Lane splitting and fault in Nevada
Motorcycles are subject to all the usual laws of the road. A particularly important rule for motorcyclists in Nevada to understand is that Nevada law prohibits the practice of lane splitting. The technical definition of lane splitting is simply passing another vehicle within the same lane, or passing between two vehicles down the center of a lane. If a motorcycle gets into an accident while lane splitting the driver is more likely to be considered at fault.
Getting into an accident while violating a traffic rule gives rise to a claim of negligence per se. In such cases the other side of the dispute can make the driver who committed the violation responsible for proving that his or her violation of the rule wasn’t the cause of the accident. This burden can be difficult to overcome absent compelling facts that can show how other drivers involved in the accident also committed negligent acts.
The law firm of Greenman Goldberg Raby Martinez has represented clients in accident cases for over 45 years. If you have been in an accident with a motorcyclist, or you are a motorcyclist and you’re wondering how to handle your legal case, call us today for a free, confidential attorney consultation. We’re available at 702-388-4476 or contact us through our website.
The goal of a personal injury lawsuit is to provide the plaintiff with the means to cover expenses associated with the injury as well as compensation for the negative consequences of the injury in the person’s daily life. Plaintiffs often assume that at the end of a successful lawsuit they’ll be handed a check. Although in most successful cases a defendant does make a payment as part of resolving the dispute, the mechanics behind the payment process are usually more complicated.
Personal injury lawsuits can resolve in the plaintiff’s favor in two ways: either as a negotiated settlement, or by a final judgment of a trial court. Most cases end in settlements, for a variety of reasons. Settlements provide both sides the opportunity to control how the plaintiff will be compensated. If the case goes to trial, the judge and jury take control of many aspects of the process.
Who, exactly, gets paid after a personal injury lawsuit?
Although the injured plaintiff is right to feel entitled to receiving money from the defendant who is responsible for his or her injury, the plaintiff is often not the only party who expects to be paid out of a settlement or judgment award. It’s common for plaintiffs to be one of several parties that have claims to the defendant’s payment:
- The plaintiff’s insurer (or insurers) may have the right of subrogation, which means that it is entitled to be reimbursed for its expenses related to the injury out of the settlement or judgment. If the plaintiff has been covered by Medicare, it will need to be reimbursed before anyone else can receive money from the award.
- Providers of medical care who have not otherwise been paid for their services may have issued liens that must be satisfied.
- If the plaintiff’s law firm has handled the case on contingency, it will take the portion of the judgment award to which it is entitled to cover its expenses and pay its staff for the time they have put in on the case. The amount the firm is owed will have been set out in the firm’s engagement letter with the client, and should have been explained orally as well.
Alternative forms of payment
In settlement negotiations the plaintiff and defendant may choose between a number of approaches for facilitating the payment of the settlement amount to the plaintiff and others who are entitled to a share. In cases involving large sums, a structured settlement can be a superior approach both for the defendant who is faced with a significant financial burden and the plaintiff who can receive a variety of benefits. In a structured settlement the defendant purchases an annuity, with the plaintiff as beneficiary. The annuity pays the plaintiff at regular intervals over a specified period of time. The plaintiff often gets tax benefits from this approach, and the defendant’s overall costs may be lower.
Even if the defendant will pay a lump sum, the sum typically gets placed into a special account that is used to pay off other expenses before finally being distributed to the plaintiff. Management of this account is often handled by the plaintiff’s attorneys and can be subject to court oversight. The goal is always to get a payment to the plaintiff as soon as possible. Experienced personal injury attorneys work hard throughout the process to minimize delays at this phase of the case.
For over 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury cases. Our attorneys are available to provide free consultations. We can be reached at 702-388-4476 or send us a request through our site.
A broken hip is a devastating injury. Recovery of full strength and motion can take as long as a year, during which the patient may endure multiple surgeries, physical therapy, and significant mobility limitations. Elderly patients are especially prone to hip fractures. When a slip-and-fall accident leads to a broken hip, a lawsuit against the responsible party may be warranted.
Slip-and-fall accidents in Nevada
Slip-and-fall accidents fall within the scope of premises liability, a legal standard that holds property owners and other responsible parties (like tenants) responsible to varying degrees for injuries that occur on their property. The rules governing a situation depend on the location of the injury and its specific cause.
- Homeowners and residential tenants owe a duty to visitors to take reasonable steps to ensure that visitors are not injured by hazards on their properties. The reasonableness of the steps taken by a homeowner to address a hazard will vary by the facts of the case. For example, a homeowner may or may not be required to warn visitors if a walkway is slippery during rainy weather.
- Businesses that are open to the public are held to a higher standard of care than homeowners are. They are required to keep their premises reasonably safe for use. Unlike a homeowner, a business needs to take affirmative steps to ensure that its facilities are free of hazards. Textbook slip-and-fall cases usually involve things like poorly maintained stairs, a failure to clean up a spill, or inadequate safety precautions around dangerous conditions like broken floor tiles.
Damages recoverable for broken hips
A plaintiff who has suffered a broken hip in a slip-and-fall accident that resulted from the defendant’s negligence often can recover compensation for the damages associated with the injury. Damages include medical expenses, lost wages, transportation costs, short- and long-term modifications to a home, and physical therapy. Damages can also include compensation for pain and suffering, loss of enjoyment, and other “personal” consequences of the injury.
Someone injured in a slip-and-fall accident has two years to file a lawsuit in Nevada. Victims of someone’s negligence shouldn’t wait anywhere that long to consult with an attorney. Quite often there are important pieces of evidence, essential witnesses, and time-sensitive strategies that need to be addressed as soon as possible following the accident.
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury cases. Our attorneys are available for free consultations to discuss your injury and your options for filing a lawsuit. We can be reached at 702-388-4476, or ask us to call you through our contact page.
Victims of car accidents are often surprised to discover significant injuries well after the accident. In the rush to treat immediately obvious problems like cuts or broken bones, less obvious wounds can go undetected. Being injured isn’t normal, so people who are hurt often don’t realize that the symptoms they are experiencing are caused by something they don’t expect. Doctors may not have the right tools to discover “hidden” injuries, or they may not detect signs that ordinarily would justify further testing.
A personal injury lawsuit following an accident aims to get the injured plaintiff compensation for the damages resulting from his or her injuries. Damages can include medical costs, lost wages, and the cash value of personal consequences like pain. Ideally the plaintiff’s initial lawsuit claims the full scope of damages associated with the accident. But what if the lawsuit is already pending, or has already settled, when the plaintiff discovers a new injury?
While the litigation is ongoing a plaintiff may amend his or her complaint to add new claims that are relevant to the case. Adding claims may delay resolution of the case, as evidence related to the new injury gets exchanged. But at this point the door is still open to recover full compensation from the person who is at fault.
If the litigation has already ended, getting compensation for the newly discovered injuries can be more difficult. Most personal injury cases settle. As part of a settlement agreement plaintiffs typically are asked to sign releases that prevent them from pursuing further litigation for claims arising out of the accident. Under normal circumstances, such waivers prevent the plaintiff from “reopening” a case against the original defendant or his or her insurance company.
Even if a release was signed as part of a settlement the plaintiff may have options. In rare cases the plaintiff might get a court to throw out the settlement, if the defendant committed fraud or didn’t negotiate in good faith. The plaintiff may also have the option of suing other defendants. A doctor who failed to diagnose a significant injury may be liable for professional negligence. Perhaps the injury was caused by a defective product. Or perhaps the original lawsuit left out potentially liable parties that could be sued.
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury cases. Reach out to us today for a free attorney consultation about your case. We can be reached at 702-388-4476 or through our site.
The need for child car seats can be a frustrating part of traveling as a parent. The seats are bulky, often heavy, and can be difficult to install in unfamiliar vehicles. Flying with a car seat involves making the sometimes unclear choice between treating the seat as checked luggage or hoping to take the seat onto the plane. Parents always want to ensure that their kids are safe, even if it means extra work. Here are a few tips for safely traveling with a car seat.
Using a car seat on the plane can improve a child’s safety.
Airlines usually have no problem with parents installing car seats onto a child’s seat on the plane. Follow the same process for installing the seat on the plane as you would in a car (rear- or forward-facing, and so on). Children who are in car seats on planes will be better protected if the plane has problems or experiences significant turbulence. Kids often sleep better in car seats too.
Try to avoid checking your car seat.
There are some who argue that once a car seat has been checked as luggage it should be treated as “crashed” and thrown away. Putting a seat inside a bag can offer some protection, but if the bag isn’t hard-sided a luggage handler probably will treat it like any other luggage, and it may get crushed or dropped. A seat that’s left unprotected may suffer damage to buckles or other exposed parts. Gate checking a seat may improve the chances that it will be treated with care, but even then parents will have no way to be sure that the seat hasn’t been damaged.
Always inspect a checked car seat for damage.
Car seats are carefully engineered to meet strict standards. If a component is loose or broken, the seat’s effectiveness in a crash will be compromised. If checking a car seat can’t be avoided, it’s a good idea to remove its cloth cover and inspect the underlying components for damage. For example, make sure that foam padding is still in good condition and properly attached to the seat’s frame. If damage has occurred, it may be necessary to replace the seat.
If a car seat is damaged on a flight and a child later suffers an injury as a consequence of the damage, parents may in some cases have a valid legal claim. Such cases face significant hurdles: airlines build damage waivers into their contracts that limit how much responsibility they have for damaged luggage, and parents may bear responsibility for using a seat that they know is damaged. An attorney can help parents sort out their options.
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 products liability cases. If your child has been injured by a damaged car seat, please contact is today for a free attorney consultation. Call 702-388-4476 or contact us through our website.
Consumer product recalls often offer interesting insights into the concerns manufacturers have about the risk of injury posed by their products. Recalls happen when a flaw in a product’s design or manufacture creates an unacceptable danger. Examining them reveals the sort of injuries that may give rise to products liability lawsuits.
Manufacturers often voluntarily recall their products that have proven dangerous. Sometimes these recalls are triggered by lawsuits bringing risks to the manufacturers’ attention, while in other situations the problem is discovered through the manufacturer’s internal testing procedures, or through investigations by regulators. Sometimes regulators sue manufacturers to force recalls for violations of safety standards or other compliance problems. Regulators maintain lists of recalled products on their websites. Two examples are the U.S. Consumer Products Safety Commission and the U.S. Food and Drug Administration.
In 2018 there were plenty of product recalls to watch. The recalls ran the gamut:
- Many products designed for children were recalled for choking hazards, such as this jacket with a zipper that could become detached.
- Numerous high-profile lettuce recalls due to coli and other contaminants disrupted supplies enough to force many restaurants to stop serving lettuce altogether.
- Major home appliances like this water heater are often recalled for problems with minor parts that can be replaced with a minor, manufacturer-provided repair.
- An elevator model was recalled due to the alarming possibility that it could “fall unexpectedly to the bottom of the elevator shaft and abruptly stop.”
- Nearly 1.4 million units of this printer power supply were recalled due to a fire hazard.
Manufacturers issue recalls to prevent injuries to their customers. Besides not wanting to hurt people, these companies also want to avoid expensive products liability litigation. Issuing a recall doesn’t absolve a business of its products liability obligations, but it may reduce the chance that someone will be seriously injured and sue.
Consumers should take recall notices seriously. A consumer who knows about a recall and is injured while using the product anyway should still consider filing a lawsuit, but may have a more difficult legal case to make. Even in such cases, products liability law provides consumers with powerful tools for pursing compensation from manufacturers who sell defective goods.
If you have been injured by a defective or improperly designed product you should consult with an attorney as soon as possible to explore your legal options. The attorneys at Greenman Goldberg Raby Martinez have represented Nevada clients in products liability cases for over 45 years. Call today for a free attorney consultation at 702-388-4476 or request a call through our website.
Every homeowner can use a helping hand from time to time on projects around the house. Mowing lawns, fixing a leaky faucet, or patching a hole in a wall are all examples of work that the so-called gig economy has started to fill in. A homeowner can save time and potentially save a lot of money by hiring people on an impromptu, cash basis to do this sort of work. But whenever someone does work for pay there’s an added element of risk that homeowners need to think about. Although a homeowner may be justified in concluding that a risk is worth taking, it’s still worth understanding what the risks are so they can be minimized. There are several types of risk associated with hiring casual laborers to do work around the house:
- Premises liability. In Nevada homeowner have a general duty of care to ensure that their homes and properties are in safe condition for lawful visitors. The homeowner’s obligation extends to keeping the home in reasonably safe condition and warning visitors of known hazards. If a visitor is injured by an unsafe condition they may have the option of suing the homeowner to recover compensation for the injury.
- The posture of homeowner’s insurance. One of the key questions a homeowner should ask is whether his or her insurance will cover injuries to laborers who do work around the home. The answer is usually something like “Yes, but . . .” The limits of coverage provided by a policy can help the homeowner evaluate the scope of personal risk for a given type of job. For example, a policy may disclaim responsibility for injuries caused by unlicensed work on the home’s electrical system. Or it may limit damages that are available for individuals who are paid for their work, who the insurer assumes (rightly or wrongly) are providing their own insurance coverage.
- The facts of the job. Hiring someone to paint a wall is probably less risky than asking someone to repair a roof or fix a gas-fired appliance. Measuring the potential harm that can come from a given project—fire, electric shock, falls—is always a good idea. If the risks are substantial it may be worth the cost to hire a contractor that carries its own insurance. Bear in mind, though, that even simple jobs can result in accidents and injuries: painting a wall can be enough to throw out a back or sprain an elbow.
- Licensing and permitting requirements. One reason a homeowner will hire out work on a casual basis is to avoid the hassle and cost of getting permits and licenses that are required for certain kinds of work. If work is completed without legally required approvals it can create headaches when the home is sold, expose the homeowner to fees, and may invalidate insurance coverage in some cases. A licensed contractor helps homeowners comply with their legal obligations.
The law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury cases for over 45 years. For a free attorney consultation about your case, call us today at 702-388-4476 or through our contacts page.
An accident that results in serious physical injuries often does considerably more harm than what may be outwardly visible. People who have been in an accident can suffer a broad range of psychological effects from the accident. Some effects stem directly from the accident itself, like post-traumatic stress disorder (PTSD). Others can be a consequence of living with the limitations that come with a serious injury, or from side effects of treatment. Depression, emotional imbalances, and struggles with interpersonal relationships are just a few examples of the kind of psychological harm an accident can cause.
Accident victims may have the option of pursuing damages for their psychological suffering as part of their lawsuit to recover compensation for other costs associated with their injuries. In a personal injury lawsuit, damages typically fall within one of two categories. Economic damages cover concrete costs that have been or are reasonably expected to be incurred by the injured plaintiff as a consequence of the defendant’s negligence. Economic damages include things like medical bills, lost wages, and property damage. Noneconomic damages capture the more abstract categories of harm for which a straightforward “invoice” isn’t readily available. Compensation for pain and suffering is an example of noneconomic damages.
A psychological injury may have components of each type of damages. To the extent that the plaintiff’s psychological harm can be established as a medical problem, its associated costs may be regarded as a form of economic damages. If the psychological harm is less a matter of medical diagnosis and more a question of subjective opinion, it may be more likely to fall within the scope of noneconomic damages, as a form of “suffering.”
The distinction between economic and noneconomic damages is important in part because Nevada caps the amount a plaintiff can recover for certain types of damages. For example, in Nevada a plaintiff cannot recover more than $350,000 for pain and suffering damages. If a damages cap applies to a specific category of damages it’s important for the plaintiff’s attorney to ensure that damages are not miscategorized to the client’s detriment.
Proving psychological harm can be a challenge in any personal injury case. Psychological problems are often difficult to diagnose. Among other things, the plaintiff must be able to prove that the psychological harm was caused by the defendant’s negligence and not another cause. For example, a plaintiff who had an existing alcohol problem before the accident may have a hard time arguing that the accident triggered a more serious alcohol dependency. To prove psychological harm, the testimony of a psychiatrist can assist the court’s analysis. Testimony from friends and family about how the accident affected the plaintiff can also be valuable.
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury and accident cases. We take care to ensure that each client is given the attention they deserve. In pursuing our clients’ interests we take into account every aspect of their wellbeing, including the kinds of psychological effects that the accident may have had. For a free attorney consultation about your case, please call us today at 702-388-4476 or reach us through our contact page.
For many people, suffering an injury is the first time in their lives when they need to talk to a lawyer. Driving through Las Vegas it’s hard to miss the billboards from attorneys who promise quick results and huge payouts for injured clients. For every “billboard” law firm there are dozens of others vying for new clients. Adding to the confusion are outfits that prey on the desperate circumstances of people who have been injured by offering pre-settlement loans, sometimes at high interest rates. All of this, combined with the stress and challenges of recovering from an injury, can be confusing. Having the help of an ethical law firm is essential for clients who are trying to make sense of it all.
Avoiding an unethical lawyer can be a simple matter of instinct. Sometimes an attorney will offer something that sounds too good to be true. But it’s always a good idea to do a little research and analysis before working with an attorney, especially if the attorney isn’t one that was recommended by a trusted friend. There are a number of ways to examine whether an attorney is ethical:
- A clean bar profile. A simple step is to search for the attorney on the Nevada State Bar Association’s website. Every licensed attorney’s status and disciplinary history is available on the site for the public to examine. If an attorney has been censured by the bar for unethical behavior, that should serve as a red flag.
- Willingness to provide free, substantive consultations. Free initial consultations are a staple of personal injury practice. An initial consultation serves numerous purposes, the most important being to help the client get a feel for the options available for their case. A consultation also helps both the client and the law firm decide if the firm is the right fit for what the client needs. An attorney who doesn’t provide free consultations may be a good lawyer who simply has a different business model, but for many injured clients the free initial consultation is key part of their process of evaluating a potential attorney. Clients shouldn’t have to pay for this step.
- Clarity about process or fees. An ethical attorney will be up-front with new clients about how the case will be handled by the firm and how the firm will be paid. The attorney should provide a clear, written statement of how fees and expenses will be paid. If the client will be asked to assume certain costs, such as the fees for expert witnesses, that should be stated at the outset of the engagement. A lawyer who draws in clients with promises of low fees and huge awards, but who springs inflated expenses on the client at the end of the process, is not acting in an ethical manner.
- Putting the client first. An attorney’s obligation is to provide rigorous, passionate representation of the whole client. Among other things, this means that the relationship between the attorney needs to be about more than just money. The attorney needs to be a careful, thoughtful listener. Many law firms operate as “litigation shops,” which try to earn money for their partners by doing high volume, low quality work. Clients of these types of firms may have difficulty getting personal attention from their attorneys, who are busy chasing down new clients rather than serving the needs of their existing ones.
The law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury cases for over 45 years. We are proud of our long tradition of thoughtful, caring service to each and every client. If you have been injured and you have questions about how to pursue a case, please contact us today for a free attorney consultation. We’re available at 702-388-4476 or through our website.