Category Archives: Accident Litigation

Liability When the At-Fault Driver is a Minor


When a minor has an accident, their parents may be held liable through the family purpose doctrine.

The Family Purpose Doctrine and Liability in Nevada Auto Accidents

When a minor or even an adult child who is driving a vehicle that belongs to their parents causes an automobile accident, both the child and their parents may be named as defendants in the personal injury lawsuit. Nevada follows the family purpose doctrine and has codified it into law. According to Nevada Revised Statute 41.440, when a person who is driving a vehicle that belongs to an immediate family member causes a car accident, liability can extend to include the car’s owner. Thus, if a minor is driving a car and has low liability limits on their policy, the plaintiff may also name the minor’s parents to include coverage from their policies as well.

The Reasoning Behind the Family Purpose Doctrine

The family purpose doctrine and statute was enacted due to the problem of there being so many drivers on the road who were essentially judgment-proof, meaning that injured victims could not collect enough damages from them to make them whole. By extending potential liability to family members who loaned the vehicle, the law thus allows a greater likelihood that injured victims will be able to recover enough damages, even if they are beyond the policy limits of the negligent driver’s insurance coverage.

Determining Whether the Family Purpose Doctrine Will Apply

When you have been seriously injured in an accident in which the driver was underinsured, you will need to determine whether the family purpose doctrine might apply. If the driver does not own the car, you can see if the registered owner is one of their immediate family members. If the driver is married, their spouse may also be liable.

How Your Attorney Will Determine All Potential Defendants

Your auto accident lawyer in Henderson will investigate the vehicle’s ownership to determine who to name as defendants. This can help you by making certain you can be made whole again by identifying the various insurance policies available for damages.

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Avoid Disaster By Handling a Car Accident The Right Way


The purpose of this article is to educate drivers on how to deal with a car accident. Readers will learn about the things that they should avoid doing following a crash.

Car Accident 101: How to Correctly Deal With a Crash

Although you may be an outstanding driver, you must still share the road with everyone else. If you are involved in a collision with another motorist, you have to be very cautious. Here are some important tips to remember when dealing with a car crash.

Keep a Cool Head

If your vehicle is hit by a careless motorist, it is perfectly natural to become quite upset. However, try to keep your emotions under control at all times. By keeping a cool head, you will be able to handle the situation with much more poise. Do not make things worse by engaging in an argument with the other driver. Calling the police should be one of your first obligations. While waiting for the police to arrive, quickly gather as much information as possible. Be sure to take a picture of the entire scene.

Do Not Refuse Emergency Care

Often times, people do not initially feel any pain after being involved in a car accident. However, the rush of adrenaline throughout your body can actually mask the pain. As soon as you begin to experience any symptoms, promptly seek medical assistance. In the event that you need to file an insurance claim, the doctor will be able to document your injuries.

Never Negotiate at the Scene

If the other driver proposes to negotiate a deal, politely decline their offer. According to a car accident attorney Las Vegas, you should not take any unnecessary risks. You could wind up getting stuck with a lot of extra bills.

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Why You Should Hire a Car Accident Lawyer

No matter whether you were the person at fault for a car accident or the victim of one, hiring a car accident lawyer to represent you can greatly help you throughout the legal process.

The Benefits of Hiring a Car Accident Lawyer

Car accidents happen every day, but nobody ever believes that it will happen to them until it does. If you find yourself in a car accident and you’ve never been in one before, then you probably don’t have a clue about what to do. Fortunately, a car accident lawyer Las Vegas can assist you in navigating through the post-accident legal process.

Legal Expertise

Perhaps one of the most beneficial services that a car accident lawyer offers you is legal knowledge and advice. Most people don’t have in-depth knowledge of all the laws pertaining to personal injury, compensation and car accidents in general. A car accident lawyer specializes in this field, though, so he or she knows all the ins and outs of the legal system when it comes to accidents. Lawyers know the appropriate channels to take if you were the victim of an uninsured motorist or if you were the uninsured motorist yourself.

Negotiation Skills

Of course, a car accident lawyer is also beneficial for his or her negotiation skills. Negotiation is one of the key services that lawyers provide, and a skilled negotiator knows how to get his or her clients the most favorable settlement. Car accident lawyers can fight aggressively for your rights and use the connections that they have within the legal system to ensure that you receive the best deal possible after your car accident.


With the legal process comes tons of paperwork. Inaccurate paperwork can lead to entire cases being thrown out or having to be amended, making them take more time to settle than they would have otherwise. Filling out legal forms can be complicated, but when you hire the services of a lawyer, all paperwork will be filled out for you. Lawyers and their teams will ensure that everything is accurate and that all motions are filed by their deadlines and according to court procedure, so you won’t have to worry about accidentally making a mistake because you’re unfamiliar with the system.

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Winning a Dog Bite Case in Nevada


Winning a lawsuit over a dog bite can be tricky since Nevada does not have a dog bite statute. Learn what you can do to strengthen your case.

Strengthening a Dog Bite Lawsuit in Las Vegas

If you have been bitten by a dog in Las Vegas, suing the dog’s owners can be tricky as Nevada does not specifically have a law covering dog bites. However, working with a dog bite attorney Las Vegas, you can successfully sue under a general negligence claim if you can prove that the owner knew their dog was a threat to bite and didn’t take adequate steps to protect the public. Here are a few points that can help you strengthen your case.

Frequent Aggressive Behavior

An animal’s past history can be used to prove that the owner should have reasonably known that it was a threat to bite a person. This history can include a track record of snapping or biting at people or past fights with other dogs. Another potential factor in a lawsuit is if the dog has been trained as an attack dog; if this is the case the owner has a higher burden to keep the dog away from the public.

Defending Against Shared Negligence

One common defense that dog owners use in Nevada during a civil case is that the person who was bitten had provoked the dog and was partially responsible for the attack. If this holds up in court, a potential financial judgement can be reduced or even thrown out. It’s important to find witnesses to the attack if possible to prove that you were not involved in provoking the dog to attack.

Dog Breeds and Sizes

Certain breeds of dogs are known to be more likely to aggressively attack strangers. Such breeds include rottweilers and pit bulls. If you are bitten by a dog that is a breed known to be aggressive, this can be proof that the owner should have taken additional precautions. This is also true if the dog is a larger breed that can cause more damage if a bite does occur.

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What Happens When the Victim Is at Fault in a Personal Injury Case?


Some accident victims are partially responsible for their injuries. Such people can still collect partial compensation in a slip and fall accident.

Personal Injury Victims and Percentage of Fault

Personal injury attorneys are hardworking and compassionate professionals who try to fight for their clients. Their main goal is to try to obtain compensation for persons who have fallen victim to neglect. Some of the most common injuries are automobile accidents, slip and fall occurrences, construction mishaps and the like. To be eligible for a personal injury, an injured person must be able to prove neglect. Next, the person will need to speak to an attorney about percentage of fault.

What Is Percentage of Fault in a Personal Injury Case?

Many states have a percentage of fault requirement that they go by in a personal injury case. Such states will not reward personal injury compensation to any person who is more than 50 percent at fault for his or her injury. Persons who are 50 percent or less responsible for their injury can qualify for compensation, but the judge will reduce the amount of the award by that percent. For example, a plaintiff may receive only $100,000 of a $200,000 reward if the person is 50 percent responsible for the accident.

Examples of Partial Fault for an Injury

Many examples of partial fault exist in a personal injury case. One example is a slip and fall incident. A customer may take a risk and walk in a wet area even though he or she knows the risk. The reason for such a movement may be a time saving effort or unbelief of the potential injury. The establishment may be responsible for not cleaning up the wet area. However, the customer is still responsible for walking over the area. Because of such, any compensation that the plaintiff receives would be reduced. Another example of a situation in which a person may have partial fault is an automobile accident. One driver may be texting and driving while the other driver is talking to a passenger who is in the back seat. Both drivers share some of the fault, and the judge would take some of the reward from the plaintiff.

How to Know Percentage of Fault in a Slip and Fall Incident

A victim can contact a reliable slip and fall attorney Las Vegas office to schedule an initial consultation. The attorney may offer a free initial meeting during which the two parties will discuss what happened. A reliable law firm will be able to gauge percentage of fault for the case.

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The Impact of Nevada’s Modified Comparative Fault Law


Nevada’s laws apply a standard of modified comparative fault to lawsuits involving car accidents. Find out how this law can impact the damages you are eligible to receive during a trial.

How Modified Comparative Fault Can Impact Your Car Accident Lawsuit

When you hire an auto accident lawyer Henderson after you have been injured in a crash, it’s easy to assume that you will receive compensation for 100 percent of the damages caused by the accident. However, a quirk in Nevada’s state law means that you may only receive a fraction of the settlement you expected depending on the result of the case.

What Is Modified Comparative Fault?

In many states, a person who is found to be at fault in a car accident pays for 100 percent of the damages. Nevada’s law is based on the concept of modified comparative fault, which allows for a judge or jury to find that the fault is shared between multiple parties in the case of an accident.

How Modified Comparative Fault Impacts Verdicts

During a civil trial, a judge or jury can determine that the plaintiff was partially at fault for the accident which caused their injuries. For example, a pedestrian who is struck by a car when crossing the street can be found to be 40 percent responsible for the accident if they ran out into the crosswalk after the light began to flash. If this is the case, they might only receive $6,000 if their medical expenses were $10,000.

How Modified Comparative Fault Can Eliminate Claims

According to Nevada law you are eligible to receive a partial settlement on damages sustained in an accident if you are found to be less than 50 percent responsible for the accident taking place, If the court determines that you are at least 50 percent at fault for the accident, you cannot win a lawsuit and receive compensation for medical bills, damages or pain and suffering. For this reason, many cases in Nevada are settled out of court if the victim is potentially at fault.

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Is Personal Injury Compensation Possible After an Accident?


Truck accidents can occur for many reasons. One driver, two drivers or several drivers can be at fault, and personal injury compensation may still be available.

What Happens When a Truck Hits a Car on the Road?

No victim ever expects that a truck will run into the vehicle in which he or she is riding. Nevertheless, more than 130,000 people suffer injuries because of trucks. The trucks that are involved in the incidents include big rigs, semi-trucks, tractor trailers and 18-wheeler vehicles. The accidents occur for a number of reasons. Victims do not always realize that they have the right to contact a truck accident attorney in Las Vegas and ask for assistance.

Whose Fault Is a Truck Accident?

Determining the fault in a trucking accident will require careful examination of the incidents leading up to the accident. A personal injury lawyer will look for obvious signs of neglect by the truck driver or the trucking company. Examples of neglect are drunk driving, distracted truck driving, disobedient driving, truck malfunctions, or an ignored need for vehicle repairs. A judge could find the truck driver or the entire company responsible for a trucking incident.

How Much Compensation Can Someone Get for a Truck Accident?

Because truck accidents affect so many people, the compensation could vary. Truck accidents are some of the most devastating personal injury accidents of them all. The judge will want to look at the victim’s financial losses first. The lawyer will need to present documentation for medical bills, vehicle repairs, lost work wages, physical therapy, psychological assistance and more. Compensatory damages will cover all those areas. Punitive damages are extra monies that a guilty party may have to pay if the judge finds that the accused party was extra negligent. An example of extreme negligence is a truck driver that has a high blood alcohol content.

How Can a Victim Get Help?

An accident victim can get help by calling a law office that has a high success rate. Such an office will usually charge a 25 percent contingency representation fee. The attorney may offer a free consultation, as well. The consultation will reveal some information about the case such as the amount of potential it has

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The Scene of the Accident: Tips for Facilitating Compensation

Motorcycle accidents can be disorienting and traumatizing for the people involved. Understanding what to do at an accident scene can help injured parties get their just compensation.

Accident Scene Protocols Every Motorist Should Know

Being involved in a motorcycle accident can be traumatizing and disorienting. Learning about accident scene protocol ahead of time can facilitate any future legal action should it be warranted.

Call the Authorities

While it may be true that a very minor accident doesn’t legally have to be reported to the local authorities, it is in your best interest to call them to the scene. An accident report must be issued in order to receive any kind of compensation for medical or property damages. This is especially true if another vehicle is involved and you believe them to be at fault. Play it safe and give the authorities your official statement at the time of the accident, regardless of what the other driver urges you to do.

Limit Conversation

If you are injured on your motorcycle and another vehicle is involved, limit what you say to the other driver or to witnesses at the scene. Other than making sure that no one is seriously injured, you should not discuss what you think happened. Verbally blaming another driver at the scene is not necessary; accountability will be determined in court. An experienced motorcycle attorney in Las Vegas can assist you in filing a personal injury claim if necessary.

Seek Medical Care

Even if the accident is minor, you should get yourself checked at the local emergency room or at your physician’s office. Head injury symptoms may not appear immediately but can cause serious impairment down the road. Muscle aches and pains also may not appear until a day or two later, so to be safe, and to protect yourself, see a medical professional right away. In order to receive compensation for medical bills, it is essential to have a timely and comprehensive medical evaluation on file.

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Protecting Your Rights after a Pedestrian Accident

You have legal rights after being struck by a car while walking on the sidewalk or crossing the street.

Your Rights after a Pedestrian Car Accident

According to National Highway Traffic Safety Administration data, an estimated 66,000 pedestrians were injured in traffic accidents in 2013. Along with dealing with the emotional and physical damage caused by these accidents, victims also need to be aware of their legal rights and the issues that may come up during a lawsuit. These can include assigning fault and awarding damages.

Assigning Fault for an Accident

If you are struck by a vehicle while walking on the sidewalk or crossing the street, it’s important to not discuss the details of the accident with the driver or their insurance company. You specifically want to avoid talking about who was at fault or taking any blame for the accident.

Have Your Injuries Documented

No matter how major or minor the accident, make sure that you have your injuries documented in case of further legal action. Even if you don’t feel like you’ve been injured seriously or think that you just have some cuts and bruises, it’s a good idea to see a medical professional immediately for several reasons. You’ll want to make sure that you don’t have more severe injuries, especially if you might be in shock, and seeing a doctor can provide you with a record of exact injuries you did receive in the accident.

Contact a Lawyer and Your Insurance Company Immediately

After you have received medical treatment, call your insurance company and an established accident lawyer. Even though you weren’t the driver in the accident, you still should be covered through your auto insurance. Filing a claim with your insurance provider is also important if you need to receive disability or worker’s compensation benefits after the accident. You will also want to seek out an auto accident lawyer in Henderson who can help you receive fair compensation for your pain and suffering.

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What Judges Consider in Personal Injury Case Awards

A car accident victim can receive several types of compensation for the injury. Compensatory and punitive damages may be worth thousands.

How Much Can Someone Win in a Personal Injury Case?

Many automobile accident victims wonder how much of a settlement they can obtain if they visit a reliable car accident lawyer Las Vegas firm. A personal injury settlement has quite a few variables, and a victim would have to schedule a consolation to get a clear picture of the win potential and the settlement potential. The following are aspects of the automobile accident that the personal injury attorney and the judge will consider before the victim receives compensation from the offending party:

Percentage of Fault

The first aspect of the injury that the judge will consider is the percentage of fault. A personal injury attorney will most likely consider the fault of both parties during the consultation. A victim who is partially responsible for an accident will not receive full compensation for the injury. The person may receive compensation, but it will be reduced by the percentage of fault in the case. For example, one can use a two-car accident. Car A may have run into car B because the driver was not wearing his prescribed glasses. However, Car B’s driver may have been applying lipstick while driving. Car B’s driver may be 40 percent responsible for the injury. The driver of car B may be the one who files a personal injury claim. A judge may award the plaintiff with a settlement, but it will be reduced by 40 percent.

The Actual Cost of Damages

One of the duties of a reliable personal injury attorney is adding the costs of the damages. The settlement figure will mostly consist of the cost of the combined damages. The settlement will include funds lost on hospital bills, medications, physical therapies, lost work wages, auto repairs, household bill and the like. The victim will need to have the documentation to prove the losses.

The Extent of the Neglect

Finally, the judge will consider the extent of the neglect in the case. The victim may receive one or two types of compensation. Compensatory damages are the ones that were previously stated. Punitive damages are additional payments that an extremely neglectful party will have to pay. Persons who show little regard for the well-being of other people are likely to pay punitive damages. An example of such a person is a person who drives a car with a BAC that is well over the legal limit. Each personal injury case varies, and the victim will need a legal professional to clarify.

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