Please use this information to help protect yourself and learn about your rights but remember that this information should not be a substitute for professional legal counsel and advice.

When someone injures or damages you, you have a "cause of action" against that person. All states, including Nevada, have statutes of limitation which limit the time that you have to file a lawsuit.  Lawsuits against the State of Nevada or any political subdivision of the state are limited to recovery of fifty thousand dollars and may have a shorter statute of limitation.

Negligence is the most common basis for personal injury lawsuits.  Negligence has four (4) elements:

1.   Duty.  The general duty of all people in society is to act reasonable.  Specific duties are imposed by statutes.

2.   Breach of Duty.  Did someone not act reasonably or did they violate a duty set forth by statute?
3.   Causation.  Did the breach of duty in its natural and continuous sequence produce your injuries?  Was it a substantial factor in bringing them about?  Were your injuries reasonably foreseeable?  In 1928, Justice Benjamin Cardozo of the New York Court of Appeals wrote a famous and ground-breaking opinion on the issue of causation in the case of Palsgraf v. Long Island Rail Road.  This decision is not Nevada law but it helped spark a legal revolution in the definition of causation. 
4.   Damages.  How were you injured?  What are you entitled to recover for your injuries?  Typically recoverable damages include medical expenses, lost wages, pain and suffering, and property damage.

Strict Liability.  In certain cases, you do not need to prove negligence because the law provides for strict liability.  The most common area of strict liability is for product defects. 

Medical and Dental Malpractice.  Generally, medical malpractice means doctor negligence. More exactly it means professional medical treatment below the standard of care that caused you harm.  Nevada laws regarding lawsuits for claims of medical and dental malpractice are unique.  For example, Nevada limits awards for non-economic damages (for example, pain and suffering) and a lawsuit for malpractice can be dismissed without a statement from another doctor or dentist supporting the allegation of malpractice.

Traffic Accidents.  Many accidents could be avoided if people followed the Basic Speed Rule.  Here are the traffic laws from the State of Nevada, the City of Las Vegas and the City of North Las Vegas,.   People injured by drunk drivers may recover punitive damages - damages to punish and make an example of the drunk driver. 

When you are in an accident there are several things to remember.  Make sure you are not in further danger.  Do not leave the scene.  Check on the other driver and all passengers.  Call 911 for emergency situations; if you need the police but there is no emergency, call 311.  Exchange insurance with the other driver.  Get names and contact information from witnesses.  Call your insurance company.  Take pictures of the vehicles and location.  Keep track of your medical treatment.  Take photographs of your injuries.  Take photographs of vehicle damage.  Get property damage.  Be cautious of early settlement offers.

Animal and Dog Bites.  I own three large and very friendly dogs.  I train and socialize them frequently so they are friendly toward people and other dogs.  Unfortunately, not all dog owners are responsible.  Owners are generally liable for attacks, but the most common defense is that the victim caused the attack or assumed the risk - this is called comparative negligence. 

Brain Injury.  Your brain is very important and it can be injured in seemingly minor accidents.  Some of the warning signs for brain injuries include change in personality, confusion, difficulty remembering recent events, unusual sleepiness, nausea and severe headaches.  If you think you have a brain injury, see your doctor right away!  In cases of brain injury a medical evaluation can be crucial.  While some of the symptoms may not seem serious now, they can get worse and impact your ability to earn a living and enjoy life the way you should.  A medical evaluation can outline the consequences of your injury as well as indicate which types of treatment may help you recover.

Premises Liability.   Owners and occupiers of real property have a duty to maintain that property in a safe and reasonable condition.  For instance, an oil slick near the entrance of a store may result in liability for a slip and fall or a casino's negligent security may lead to liability for failure to protect patrons from assault.  Factors in determining premises liability include what you are doing on the property, if it's a commercial property, what type of business is being operated, and whether there were adequate warnings for known hazards and dangers. 

Workers' Compensation.  The Nevada Industrial Insurance Act [NIIA] is broken down into four (4) different chapters:  Administration, Liability for Provision of Coverage, Benefits for Injury or Death, and Prohibited Acts.  If you are injured while on the job, give written notice of your injury to your employer in writing and file a claim with their worker's compensation insurance company immediately.  Failure to do so may bar your claim for worker's compensation!  The NIIA provides a fault-free system for providing medical treatment for injured workers, and compensation for a permanent or temporary disability.  Remember that if you are injured on the job, the NIIA provides you the right to compensation but you may have additional rights if your injury was caused by some other person; for example, if you are in an traffic accident while running an errand for your boss, you have a cause of action against the person who caused the accident.

Wrongful Death.  If a family member has been killed in an accident caused by wrongful act or neglect, you may have a cause of action for wrongful death.  In the event of such unfortunate circumstances, I will treat you and your family with the respect and consideration you need and I will aggressively fight for all the compensation allowable under the law.