Parents and other guardians of children can find that caring for a child after a serious injury is significantly harder than it was before the injury occurred. Routine tasks like lifting, driving, doing laundry, or cooking may no longer be possible while recovering from the injury. As a consequence, it may be necessary to hire outside help. Plaintiffs in this circumstance sometimes wonder if they can include the cost of child care in their personal injury lawsuit claims.
Nevada law allows plaintiffs in personal injury cases to include “replacement services” in the scope of the damages that are demanded in a lawsuit. Replacement services essentially covers things that the injured person used to do for themselves, but now must hire an outside person to do. This includes cooking and cleaning, and also includes taking care of children.
Replacement services are a form of economic damage, because they can be tied to real-world numbers. The actual cost of hiring a nanny or housekeeper, hiring a driver to take the kids to school, or hiring someone to cook can be proven with actual invoices or, if the plaintiff hasn’t been able to afford such services before the lawsuit begins, with reference to estimates or averages taken from services available in the plaintiff’s community.
As with other forms of damage, the cost of replacement services must be proven with reasonable certainty to be recoverable. Making a full accounting of the cost of child care will require consideration of a range of factors that include the anticipated likelihood of the plaintiff’s recovery to resume providing child care, and the age of the children involved (i.e., how long replacement services will be needed).
Although parents may seek to recover the highest possible compensation for child care services, courts may place some limits on what can be recovered. For example, a court may consider it unreasonable to provide plaintiffs with sufficient compensation to allow for a full-time, professional caregiver if the plaintiff’s circumstances would allow for a less expensive alternative. If prior to the injury the plaintiff shared child care responsibilities with another adult, the defendant may only be held liable for replacing the plaintiff’s services alone.
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has helped clients in the Las Vegas area recover compensation for personal injuries. We are proud of our long history of providing caring, thoughtful service to each client. We work hard to take every part of a client’s life into consideration as we develop our cases. Please call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.
Significant hearing loss can have profound consequences, from a life-long reliance on hearing aids to loss of enjoyment in music, challenges holding conversations, and other problems. Hearing loss can also be accompanied by pain and uncomfortable auditory conditions, like tinnitus. A wide variety of accidents can cause hearing loss. It’s easy to imagine someone suffering ear damage in a car accident, for example: a blow to the head, or exposure to very loud sounds, could lead to long-term hearing problems.
Because damaged hearing is a significant injury, it can be the basis of a personal injury lawsuit, or form part of a broader set of claims arising from a defendant’s negligent behavior. A claim for hearing loss will need to contend with similar issues as other forms of personal injury. Some of the common issues faced by a plaintiff in such cases include:
- Causation. The plaintiff must prove that the defendant’s actions were the legal cause of the plaintiff’s injury. How difficult this question is to answer will depend on the facts of the case. If the plaintiff suffered hearing damage during a car accident the relationship between the defendant’s actions and the hearing damage may be relatively simple. Other cases may require expert testimony to establish how the defendant’s actions led to hearing loss.
- Actual injury. One of the challenges of proving hearing loss can be a lack of base-line information. This is a common problem in workers ‘compensation cases and why police, fire fighters, and other first responders are required to get their hearing tested regularly. If an event causes a sudden reduction in hearing the plaintiff may be able to recover compensation only for the amount of hearing that was actually lost as a consequence of the event. If the plaintiff doesn’t have a medically accurate measure of his or her hearing before the event, establishing the amount of loss may be more difficult and, therefore, full compensation may be more difficult to obtain.
- Quantifying the injury. A challenge in any personal injury case is determining the appropriate amount of compensation that the defendant is responsible for paying to the plaintiff. Hearing loss often requires a range of concrete costs, such as specialist medical care and expensive hearing aids. It can also cause long-term ear pain and headaches. For some plaintiffs, especially musicians, loss of hearing can impact earning potential. Accounting for all these damages is important for ensuring that plaintiffs get the most from their claims.
The law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury cases for over 45 years. If you have suffered hearing loss as a consequence of another person’s negligence and you have questions about your legal options, call us today for a free, confidential attorney consultation. We’re available at 702-388-4476 or contact us through our website.
The fallibility of memory has far-reaching influence on how the legal system works. It is one of the important justifications for statutes of limitation, which limit the amount of time someone has to file a lawsuit. It shapes rules governing how evidence is gathered and used. And it plays a significant role in shaping the burdens each party to litigation must bear as they work to establish the facts of the case.
Memory is almost always an issue in litigation. Oral testimony about events necessarily requires witnesses to remember events that happened months or even years before. Mistaken impressions can render a particular memory unreliable. For example, it’s easy to not see every detail of the roadway even in normal driving conditions, but someone who has been in an accident may be sure about important details that in fact were quite different than what memory retained: a light that she remembers being red was actually green, and so on. But intervening events can also shape memory. People telling their stories about events may embellish facts, and in time those embellishments could become part of the memory itself. People will also protect themselves from painful memories by unconsciously forgetting or changing details.
Everyone has a different aptitude for remembering things. At one end of the spectrum are people with the rare gift of remembering tiny details many years later. At the other end of the spectrum are people suffering from brain injury or disease, who might not be able to remember what happened to them just a short time earlier. Most people fall in the middle: they’re able to remember important facts, but they might not recall the small details that are critically important to the case. Because memory is so complicated and diverse, attorneys use a number of strategies to verify information, including these:
- Giving witnesses access to records. If it’s helpful to a witness, lawyers can provide them with documents that are already in evidence, such as letters, notes, emails, and so on, to give them a reference that might help them remember important details. This process always requires care, because showing a witness a record can alter the witness’s memory. The adversarial context of litigation serves to limit the potential for distortion.
- Finding corroborating evidence. If oral testimony raises inconsistencies it can be helpful to examine other sources of information to compare with what witnesses have said. As they say, a photograph is worth a thousand words.
- Examining the witness. In some cases, especially those where the most important evidence is oral testimony, the witness may be asked many questions that are designed to test the witness’s overall reliability. Ultimately the power of oral testimony is determined by how reliable it appears to be. Attorneys may try to undermine the value of a given witness by demonstrating that the witness’s memory is highly faulty.
For over 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in cases involving personal injury, workers’ compensation, and other controversies. Our attorneys work with clients to determine how memory may play a role in their case, so that solutions can be found to potential challenges before they become problems. To learn how we can be of help in your case, call us today for a free attorney consultation. We can be reached at 702-388-4476 or send us a request through our site.
For a variety of reasons, few personal injury cases ever go to trial in front of a judge and jury. Instead, the parties in the dispute resolve their differences by negotiation. When the litigants settle their dispute, they avoid the big investment of time and financial resources that is required for a full trial. The time element is often crucial: injured plaintiffs need compensation from defendants to pay bills, and defendants often want to end the dispute to avoid piling up legal fees.
Settlement negotiations usually take place after lawsuits are filed
Settlement agreements arise from litigation, which means that the injured plaintiff typically has already filed a civil lawsuit against the defendant. By filing a lawsuit the plaintiff ensures that if the defendant refuses to come to terms, the option of going to trial always exists. Sometimes a lawsuit needs to be filed to ensure that the relevant statute of limitations doesn’t expire while negotiations are ongoing. Other times a lawsuit is necessary just to bring the defendant to the negotiating table.
One consequence of having litigation underway is that the court plays an important role as a kind of referee during the process. Courts strongly encourage cases to settle because it saves court resources for other, potentially more serious cases. But until a case settles the procedures of the court must be followed. Parties can still ask the court to require the other side to do certain things, such as disclose evidence.
The settlement agreement needs to protect the plaintiff’s interests
Negotiating a fair settlement is as much an art as a science. Settlements need to take into account many different components, including:
- The facts of the events that caused the injury.
- The expenses the plaintiff is facing as a consequence of the injury.
- The defendant’s resources (insurance, cash and other liquid assets, anticipated income, and so on).
In a full trial issues like these get evaluated by the fact finder (the judge and/or jury). A settlement takes place without the benefit of this unbiased examination of facts. The parties need to come to grips with disagreements on their own. The calculation of damages is a good example of a subject that can involve difficult negotiation. Should the defendant agree to compensate the plaintiff for more than easily calculated costs, like prior medical bills? Or should the defendant also be put on the hook for less easily quantified amounts, like the plaintiff’s pain, anticipated future costs, and so forth?
The settlement agreement itself is a binding contract, which the court must approve before terminating the litigation. The agreement itself typically provides for a range of things, including:
- The total amount of compensation the defendant agrees to pay, often itemized.
- A payment schedule (especially common if the defendant will pay from his or her personal resources).
- A release of the defendant from liabilities that aren’t otherwise covered.
Negotiating settlements is at the heart of the work personal injury attorneys do. Having experienced representation is essential to getting the most from a negotiation. The attorneys at Greenman Goldberg Raby Martinez have represented injured clients in the Las Vegas area for over 45 years. For a free attorney consultation about your case call us today at 702-388-4476 or send us a request on our contact page.
One of the ways an insurance company manages its risk of losses is to require insured people to sign damage release forms. A damage release provides that the insurer has satisfied its obligations with respect to a particular claim. The typical case where a release form is requested comes when an insurance company makes a payment which, in its view, satisfies its obligations toward the insured with respect to a claim.
In a simple case, such as when the insured has made a claim for well-understood and easily quantified property damage, providing a release may have little downside. But in more complex cases, damages may only come to light over time. Cases involving personal injury are often like this, simply because recovery doesn’t always follow a predictable course. People who are dealing with complicated situations should be mindful of a couple important features of damage releases.
The first is that a release may not be completely obvious. Although an insurer may risk being accused of bad faith or unfair tactics, it may nevertheless try to “hide” a damage release. It might do this by incorporating the release into a bigger document that it asks the insured to sign. Or it may make the release automatic upon the insured cashing a check. Reading everything the insurance company sends to you is critically important. Don’t be afraid to ask questions.
A second important feature is that a valid damage release may prevent reopening a claim. The reason insurance companies ask for releases is to give them certainty that their obligation with respect to a claim is finished. There are perfectly valid reasons why insurers want to do this. It helps them close their financial books and keep tabs on their risk. But for the insured it can also create a significant problem if the initial claim didn’t capture the full scope of losses from an incident. By signing a damage release the insured may close—and lock—the door to getting additional coverage for a loss. A sympathetic agent at the insurer may have no option to reopen the claim once the release has been signed.
In a case where the injured person is being helped by an attorney the best course of action is to let the attorney handle the insurance process. An experienced personal injury attorney has the training to understand the technicalities of insurance claims and can recognize when something isn’t right. Protecting clients from inadvertently signing away their rights to better coverage is just one small part of the bigger picture.
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, your insurance options, and the legal particulars of your case. We can be reached at 702-388-4476, or ask us to call you through our contact page.
Small children love playing with dogs. But not every dog has the temperament to tolerate rough play from a child, and sometimes a child can trigger defensive instincts even in a mild-mannered animal. Parents and caregivers who plan to have a dog around small children should take care to follow a few simple rules:
- Supervise. Dogs shouldn’t be left alone with small children. A common mistake is to take for granted that an easy-going dog will stay that way when a child is doing things that may provoke it, like climbing on the dog’s back, grabbing at the dog’s face, ears, or eyes, or pulling on a tail.
- Control the environment. A high-energy environment, with loud noises and lots of people running around, can overstimulate a dog and lead to accidents. Bear in mind that dogs can get physical when they play: they will run around, jump, use their front paws to push and grab, and so on. A small child can be injured by playful behavior just as much as aggressive behavior.
- Teach. Even children who haven’t learned how to speak can learn how to interact with dogs. Teaching children to pet dogs with open handed, gentle movements can help them develop a better relationship with the dog, while also reducing the chances that they’ll do something to startle the dog.
- Intervene. Watch closely for signs that the dog is distressed. Wide eyes, lowered ears, and of course growling are all signs that the dog needs to be separated from the child. The best course is usually to simply pick up the child.
If a child is injured by a dog, seek medical attention for the child right away. Children may not be able to communicate the extent of their injuries and can suffer broken bones more easily than an adult. Children have remarkable resilience, but parents should also watch for signs of psychological harm, like lingering fear of dogs, that might need to be addressed.
Failing to take reasonable steps to keep a child safe from a dog could lead to legal liability for someone who has responsibility to keep the child safe. When a dog causes a child serious injuries that require medical intervention, the child’s parent or guardian may be forced to sue to recover compensation from the dog owner’s insurance policy or directly from the owner. To protect themselves and others, people who own dogs should verify that their insurance coverage will protect them in the event of a dog-related injury.
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented Las Vegas clients in personal injury cases, including injuries caused by dogs. If your child has been hurt by a dog and you are wondering about your legal options, please call us for a free attorney consultation. We can be reached at 702-388-4476 or through our site.
Homeowners know that labor is typically a big part of the cost of home improvement projects. For many it’s enough that doing the work themselves is the better choice. Although doing your own construction work can be rewarding, it can also create potential legal liability.
Liability for hazards
In Nevada a homeowner has a general duty to take reasonable care to maintain the home in a condition that is safe for guests. If the homeowner is aware of a potentially dangerous condition, such as a broken bannister, the law requires that the homeowner notify guests of the hazard. For a project with clearly understood dangers notifying guests about them may be straightforward. For example, a homeowner who digs a big trench in the front yard can place warning signs around it to caution passersby about the hole.
But doing major work on a home can create hazards that aren’t known to the homeowner until they become serious problems. Fixtures that aren’t properly installed can fall and injure guests. Unsafe electrical practices could lead to fire. Removing structural components could make the entire home unsafe. If someone is hurt by conditions like these, they will have good cause for suing the homeowner.
Insurance may not pay for DIY mistakes
A homeowner’s liability insurance will often cover risks for routine things like trip-and-fall accidents caused by the upturned edge of a rug. Where insurance might refuse to pay is if the homeowner has undertaken a do-it-yourself project that was not compliant with local rules, such as permitting requirements. Failing to use a licensed contractor for certain types of projects can also give an insurance company an excuse to not pay. This extends to significant parts of a home, including gas lines, plumbing, and electrical.
If a homeowner’s insurance policy doesn’t cover injuries caused by the homeowner’s negligence the homeowner may be faced with significant unmitigated costs. In practice this means that a homeowner needs to be cautious about taking on projects that involve high degrees of risk. It may be significantly cheaper to hire a professional than to attempt doing dangerous work yourself. Key questions the homeowner should ask before tackling a project are:
- Does the work involve anything that could cause a fire?
- Does the work involve tearing down structural components that may have a nonobvious role in the home’s engineering?
- Can the project be finished in a reasonable period of time so that hazards don’t pose a risk for longer than necessary?
- Does the homeowner anticipate vulnerable guests, like small children or people with health problems, being present during construction?
GGRM is a Las Vegas injury law firm
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has served personal injury clients in the Las Vegas area. If you have been injured in a home or if you have questions about how home projects may affect your liability, please contact is today for a free attorney consultation. Call 702-388-4476 or contact us through our website.
Quite often the focus of discussions surrounding drinking and injuries is on the injuries caused by the drunk person. Alcohol abuse can lead to serious consequences, especially for drivers. But a drunk person can be injured in contexts other than where he or she was driving. The injured person may be hesitant to pursue a personal injury claim because of the stigmas associated with excessive drinking. But the fact that someone was drunk does not excuse the bad behavior of others.
A plaintiff’s drunkenness as a defense
Personal injury lawsuits typically seek to prove that the defendant behaved negligently and, as a consequence, caused the plaintiff’s injury. Whether the defendant behaved negligently requires a close look at the circumstances of the injury itself. What obligations did the defendant owe to the plaintiff at the time? How did the defendant fail to meet those standards? Questions like these primarily focus on the defendant, not the plaintiff.
If the plaintiff was drunk at the time the defendant caused the injury it is possible that the defendant will want to use the plaintiff’s drunkenness as a defense. Nevada is a modified comparative negligence state, which means that a defendant can ask a court to reduce the amount the defendant is responsible for by a percentage that the court attributes to the fault of the plaintiff in causing the accident. If the court finds that the plaintiff was more than fifty percent at fault, the plaintiff won’t be allowed to recover anything from the defendant.
A key question in any comparative negligence case is the extent to which the plaintiff’s behavior really factored into the injury. Sometimes a plaintiff’s drunkenness isn’t relevant. Here are some examples where that might prove to be the case:
- The defendant was lawfully crossing the street when the defendant ran a red light and struck the plaintiff.
- The defendant, a grocery store, left a puddle of cooking oil on the floor of an aisle and the plaintiff slipped on it.
- The defendant’s dog wasn’t leashed and attacked the plaintiff.
The more the plaintiff’s alcohol use factors into the injury, the more difficult it will be to avoid at least a portion of the liability being placed on the plaintiff. Here are some cases where the plaintiff’s drunkenness might matter:
- The defendant, a shopping mall, failed to block off a section of floor that was under repair and visibly unsafe, and the plaintiff stumbled into it.
- The plaintiff unexpectedly stumbled into the street and was struck by the defendant driver.
- The plaintiff fell after climbing onto a ladder that the defendant had left standing against a wall.
The attorneys at Greenman Goldberg Raby Martinez have represented injured clients in the Las Vegas area for over 45 years. We are happy to help people who have been injured resolve questions about whether a personal injury lawsuit is appropriate for their case. Call today for a free attorney consultation at 702-388-4476 or request a call through our website.
Highrise window washers quite literally step into thin air to do their work. Hanging from the side of buildings, often hundreds of feet in the air, they help to keep Las Vegas sparkling for its visitors. The approach to safety varies from company to company and building to building, depending on the sort of infrastructure incorporated into the building and the approach taken by the window washer. Everything from a scaffold to harness points built into the side of buildings may be used to keep washers safe.
Working at such heights involves significant risk of serious injury or death. People who work in the window washing business need to have a clear understanding of their legal rights so that if they are injured they can take the right course of action to protect themselves. Here are some principles to consider:
- Make sure your employer has workers’ compensation coverage. Every employer in Nevada is required to cover its employees with workers’ compensation coverage. People who are hired as “independent contractors” generally also have access to their employer’s workers’ compensation coverage. A Nevada employer’s coverage can be verified online. A key question is whether the employer’s coverage is adequate for the sort of risks that employees must face. It’s best to understand these questions before heading up to the top of a skyscraper.
- Be mindful of safety. All employers are required to maintain their workplaces in safe condition for employees under state and federal occupational safety and health rules (the familiar OSHA standards). These laws are enforced by regulatory agencies at the state and federal level. An employee who has safety concerns that aren’t being addressed by the employer should consider reporting them to authorities. This is especially true of professions like window washing, where inadequate safety measures can turn an otherwise low-risk job into something highly perilous.
- Understand who is responsible. Window washers often rely on the safety equipment already present at project sites. Things like hydraulic systems, winches, ropes, harnesses, and scaffolds may all be provided by the owner of the building that is being cleaned. When an equipment failure leads to injury it’s important to know if the building owner or operator may have some share of the blame.
- Be prepared to refuse the job. Working in high winds or with defective equipment dramatically increases the risks window washers face .A scrupulous employer should take such risks very seriously and keep workers off the job until conditions improve. If a manager is insisting that workers should ignore the risks and work anyway, the correct course may be to refuse to work. Under OSHA rules an employer cannot force an employee to continue to work under conditions that are known to be unreasonably dangerous.
Window washers who feel that they are faced with abnormally dangerous working conditions or who have suffered injuries and need help navigating their workers’ compensation claims should consider talking to an attorney about their legal options. For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury and workers’ compensation cases. Call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.
Invokana (canagliflozin) is a prescription drug often prescribed to individuals with type 2 diabetes to control high blood sugar. It works by increasing the rate at which the kidneys remove sugars from the bloodstream. High blood sugar is linked to a wide range of serious health consequences, including blindness, loss of limbs, and kidney failure. Like many medications, Invokana has a range of known side effects, ranging from common complications with needing to urinate more often to a range of more serious problems.
In 2017 the U.S. Food and Drug Administration issued a warning that Invokana use increases the risk of leg and foot amputations among patients who are taking the drug. Patients have occasionally experienced other severe side effects, including heart attacks, kidney failures, and strokes. As a result, a significant number of lawsuits have been filed against the manufacturer of the drug, Janssen Pharmaceuticals, and its parent company, Johnson & Johnson.
The key question in many prescription drug products liability cases is whether the drug’s manufacturer knew about risks that it didn’t’ adequately disclose to consumers. Essentially, the law imposes harsh penalties upon companies that try to hide unfavorable facts about their products in order to sell higher volumes. The lawsuits filed against Janssen and Johnson & Johnson have followed this template.
Patients who suffer serious side effects from Invokana can face life-altering consequences. Losing a toe or limb is undoubtedly a devastating result. So too are the costs associated with hospitalization, numerous medical appointments, and additional medications necessary to treat pain and other symptoms. In some cases someone who has suffered these consequences may have the option to sue for compensation.
Whether a patient should file a lawsuit or join one of the class action suits already underway is a highly personal and potentially complicated question. People who have suffered as a consequence of prescription drug side effects need to be cautious about falling prey to “litigation shops” that ball together huge numbers of clients in hopes of enormous pay days. Those types of law firms rarely provide anything resembling personal attention to their clients.
For more than 45 years the law firm of Greenman Goldberg Raby Martinez has represented clients in personal injury and products liability cases. We can help people who have been injured by Invokana use examine their legal options. Call us today for a free attorney consultation at 702-388-4476 or reach us through our contact page.