Addressing Our Clients’ Confusion and Concerns, One Question at a Time
Injury claims are by their nature confusing, and insurance companies go out of their way to make them even more so. However, we believe our clients deserve straight answers to their questions—without confusing legal jargon. This is why, to better serve you, we address common injury questions as clearly as possible.
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Should I sign a medical release requested by an at-fault driver’s insurance company?
If you were involved in an automobile accident and the other driver was at fault, that driver’s insurance company may ask you to allow it access to your medical records. You may hope this means that the insurance company will quickly settle your claim, but this isn’t usually the case. It is never a good idea to give the insurance adjuster a blanket authorization to obtain your medical records.
Consult an Attorney Before Signing a Medical Authorization
While the insurance adjuster will need your medical records relating to the injuries you suffered in the automobile accident, he does not need all your medical records. If he has access to all of your files, he could try to use information in your records to to hurt your case. This dangerous information could include:
- Any pre-existing injury. The adjuster might look for appointments where you saw the doctor about pain or an injury in the same area as your current injury. Even if this pain was minor, the adjuster might argue that you had a pre-existing injury and use this in an attempt to deny your claim or reduce the payout.
- Doctor notes. The adjuster could review the doctor’s notes for any inconsistent or contradictory statements you may have made regarding the extent of your injuries.
- Frequent doctor visits. If you had medical conditions unrelated to the accident that caused you to go to your doctor frequently, the insurance adjuster might claim that you were already in a fragile medical state, and this was part of the reason you were injured in the accident.
If you are being pressured to sign a medical release, contact an experienced car accident attorney before doing so. Contact us online or call us directly at 866.299.0558 to schedule a free, no-obligation consultation, so we can explain your legal options and review any medical authorization you are being asked to sign.
Should I give a recorded statement to a negligent driver’s insurance company after my auto accident?
If you were seriously hurt in a car accident, you may be more concerned about your injuries than filing a claim with the other driver’s insurance company. However, an insurance adjuster for the negligent driver may call you to sign documents and request that you give a recorded statement.
Five Reasons Not To Give a Recorded Statement After Your Las Vegas Car Accident
Even if the accident was not your fault, it is never a good idea to give a recorded statement. Important reasons why you do not want to agree to this include:
- In Nevada, you are generally not required to give a recorded statement.
- Even though your statement is not taken under oath, anything you say in the recorded statement could be used against you if you file a lawsuit.
- The insurance adjuster may be looking for admissions to show you were partially at fault in causing the accident or to minimize your damages.
- The insurance adjuster may lead you to believe that a recorded statement will help your claim. But because the adjuster works for the insurance company, it’s likely that he wants information that helps deny your claim or pay you as little as possible.
- It is likely you won’t have access to the recorded statement of the other driver, although your attorney may be able to obtain it later in the litigation process.
Giving a recorded statement rarely helps an accident victim’s case—and often hurts it. If you were hurt in an auto accident and are being pressured to give a recorded statement, it's important that you speak with an experienced car accident attorney as soon as possible. Contact us online or call us directly at 866-299-0558 for a free consultation before providing a recorded statement to an insurance company. We can explain your legal options and how we can help you.
What is the statute of limitations for filing a claim after my car accident?
The “statute of limitations” is the time period under Nevada state law you have has to pursue a legal claim against a person or business for a specific act that caused you injury. Different types of legal claims may have different time periods. It is critical that you file a lawsuit within the applicable time limit, or you might not be able to pursue a claim for compensation at all.
The Statute Of Limitations In Car Accident Cases
If the driver who caused your car accident doesn’t voluntarily agree to compensate the victim, you (the victim) can file a negligence claim against the other driver. The time period to pursue legal action in a Nevada car accident case is usually:
- Two years from the date of the accident for personal injuries.
- Three years from the date of the accident for property damages.
In some cases, the statute of limitations could be extended, or “tolled”. For example, if you did not experience any serious medical problems until long after the accident, it’s possible for the statute of limitations to be extended. In addition, exceptions are sometimes stated in statutes, but in other cases, the judge decides. Therefore, it is critical that you contact an experienced personal injury attorney who specializes in handling car accident claims to fully understand the time period for pursuing legal action.
Our Attorneys Are Standing by to Help You Now
If you’ve been injured in a car accident, you should take action as soon as possible. A witness’ memory is fresher right after the accident, and evidence—such as surveillance tapes—could be destroyed, lost, or taped over if you don’t pursue a claim early enough. No matter how serious your injuries, we’re here to help you understand your legal options and fight to get you the compensation you could be entitled to. Contact us online or call us directly at 866.299.0558 to schedule your free consultation.
If another driver was sleep deprived and caused an accident, is he or she responsible for my injuries?
Suffering an injury as a result of a car accident is never a pleasant experience. Unfortunately, the effects of the accident may be made even worse depending on the severity of your injuries and property loss. If the other driver caused the accident, he or she may be liable for these damages. Sleep deprivation is sometimes the prime factor behind the cause of the car accident.
6 Ways Sleep Deprivation May Have Caused Your Car Accident
How does sleep deprivation contribute to the cause of a car accident? If the other driver was sleep deprived, he or she may have:
- Been more susceptible to feelings of stress, irritability, and aggressiveness, each of which can affect driving behavior.
- Had impaired judgment, making it more likely to drive faster than intended.
- Had impaired reaction times.
- Been less able to process and remember information.
- Had decreased visibility.
- Felt less motivated to practice vigilance while driving.
Proving that the other driver caused your accident may require specific types of evidence. Examples of the types of evidence that you may need to acquire include:
- A copy of the police officer’s report from the accident showing a lack of signs of skid marks or other indications that the other driver was drowsy.
- Records from the driver’s workplace showing that he or she had recently completed a long shift, an overnight shift, or had worked many consecutive hours over the course of a short timeframe.
- Testimony from co-workers or classmates who were with the driver before the accident confirming that the driver was fatigued.
- Testimony from other drivers or passengers indicating the driver was swerving or displaying other driving behavior that supports a claim that the driver was tired at the time of the crash.
If you were injured in a car accident caused by a drowsy driver, it is important to take action to protect your legal rights. We have helped many clients obtain the compensation that they deserve. We encourage you to review our client testimonials to learn more.
I was injured in an accident and suffered a herniated disc. Am I entitled to compensation for the pain?
Suffering a spinal injury after an accident can leave you experiencing significant pain. Herniated discs are no exception. A herniated disc occurs when the soft layer of the rubbery disc that lies between the vertebrae in the spine bulges through the tough exterior. Many victims experience significant pain that requires extensive and ongoing treatment. Fortunately, these victims may be entitled to compensation as a result.
4 Techniques for Dealing With Pain Caused by a Herniated Disc
Even though victims may be entitled to compensation, they still must deal with the day-to-day pain caused by the injury. The following are some techniques that can be used to try and cope with this suffering:
- Do not try to deny the pain. Recognizing and acknowledging your pain is the first step towards developing an effective pain management and treatment plan. Many victims try to downplay or ignore their pain at first, which only delays the time before relief can be obtained.
- Do your best to manage your stress. Stress can intensify pain. Therefore, it is important to practice good stress management techniques such as deep breathing exercises.
- Learn to identify triggers of your pain. When you suffer from a herniated disc, you will often notice that you have certain triggers that initiate or intensify your pain. Learning to identify your specific triggers can help you to modify your lifestyle in order to avoid them.
- Seek counseling from a professional mental health counselor trained to deal with pain management. This counselor can provide you with an important source of support and understanding. You will learn how to rethink your expectations and adjust your feelings regarding your accident, your pain, and your resulting emotions.
If you suffered a herniated disc as a result of an accident, it is important to take action in order to protect your legal rights. Time limitations apply to your ability to pursue a legal claim. We encourage you to contact us today at 866-299-0558 for a free consultation.
I am suffering from skin pressure sores after a spinal cord injury, am I entitled to compensation?
After a spinal cord injury, you may be left facing permanent or temporary paralysis in one or more areas of the body. In addition to the challenges that accompany paralysis comes the risk of suffering several types of potentially severe complications. One such example of a complication stemming from paralysis is the development of skin pressure sores, also known as decubitus ulcers or pressure ulcers. When these sores or ulcers develop, it is crucial that victims seek medical attention. If left untreated, these sores could result in serious infection, require surgery, and even be life threatening.
Four Stages of Skin Pressure Sores Resulting From Spinal Injuries
Skin pressure sores go through four stages of development and severity, and each stage has its own treatment plan:
- During stage one, the skin is not broken, but it is red. The color does not fade after 30 seconds of pressure is removed from the area. Victims can generally treat the sore by staying off the affected area and maintaining proper hygiene.
- During stage two, the top layer of the skin is broken. The sore is shallow, but open, and drainage may be present. The wound must be cleansed and a dressing must be applied.
- During stage three, the skin has broken down into the second layer of skin and subcutaneous fat tissue. A doctor should be consulted for treatment.
- During stage four, the skin has broken down to the bone and muscle. At this stage, immediate medical attention is required. The victim may require surgery. Stage four skin pressure sores can be life threatening.
Depending on the severity of your sores and the treatment required, you may be entitled to compensation for your suffering in addition to the compensation you receive relating to your paralysis. It is important to act quickly, however. We encourage you to contact us today for a free consultation at 866-299-0558.
What happens if I am injured by an accident caused by another person’s hydroplaning vehicle?
Driving in the rain may be a risky endeavor; however, there are many cases where it cannot be avoided. Unfortunately, even if you understand how to properly operate your vehicle under wet conditions, you may still find yourself involved in a crash. Another driver that hydroplanes while traveling alongside you may cause an accident. That driver may be responsible for your resulting injuries and property damage.
Six Tips About Hydroplaning by Motor Vehicles
What is hydroplaning and how does it increase the likelihood of a crash? The following is an overview:
- Hydroplaning occurs when water causes the tires of a car to lose contact with the surface of a road.
- When tires lose contact with the road surface, the vehicle loses traction.
- As a result of the loss of traction, the driver is unable to brake or steer the vehicle.
- Hydroplaning is more likely to occur if a vehicle is traveling at a higher rate of speed.
- Hydroplaning is more likely to occur when there is a greater amount and flow of water on the roadway.
- Hydroplaning is more likely to occur when the vehicle’s tires are not in optimal condition.
If you were struck by a hydroplaning vehicle and suffered damages as a result, it is important to act quickly in order to protect your legal rights. Time limitations apply to your ability to pursue a legal claim. We encourage you to contact us today for a free consultation at 866-299-0558.
What should I do if I am injured after a fall at a business?
Many people have experienced the embarassment following a fall at a business. The natural response is to immediately jump up and walk away as if nothing has happened. Falls can cause serious injuries; however, and may have been caused by the negligence of a business owner or its employees.
Although seemingly obvious, take a look at the ground to determine what caused you to fall. Take a picture of the foreign substance on the ground and/or your wet or soiled clothing. Insurance companies will deny after the fact that there was ever anything on the ground. They will blame your shoes or claim you were under the influence of alcohol or drugs. Make sure you fill out an incident report. If you did not prepare one at the time, return to the business to make a report. Seek medical treatment and report the cause of the fall to your doctor. Watch for additional symptoms to appear in the days following the accident. You will likely experience the most pain days after the accident.
Contact an Attorney to Represent Your Rights as an Injured Victim
Here at Jones Wilson, LLP, we've made it our mission to defend the rights of those injured due to the negligence of others. From our office in Henderson, we're able to serve the entire Las Vegas community. If you've been injured due to a slip and fall, call us today at 702-405-6000 to schedule a free, no-obligation consultation.
What types of injuries are common in slip and fall accidents? Is my injury normal?
Many slip and fall accidents go unreported because the victims are embarrassed and blame themselves. Instead of recognizing the true cause of the accident, victims associate their falls with their own clumsiness. Because they believe their injuries are their own fault, the people actually responsible for the hazardous situations causing the falls are never held accountable.
Other people may recognize that the fall wasn’t necessarily their fault, but figure that a twisted ankle or sprained wrist isn’t enough to warrant a public outcry or filing a lawsuit. While we can sympathize with the desire not to make a fuss over a minor injury, we think all these people are making mistakes.
When injury victims reject the idea of reporting an accident or filing a claim, the hazard remains to hurt someone else, and the next person may suffer more than a few minor bruises.
The Potential for Serious Injury Is High in Slip and Fall Incidents
According to the Mayo Clinic, over 10 million people a year suffer from slip and fall injuries. The National Safety Council suggests that falling accidents are one of the leading causes of unintentional injuries in the United States and considers falls as the number one danger for people over 65 years of age. Many factors can cause accidental falls; the real danger lies in the severity of the injuries they cause.
Common Types of Painful & Traumatic Fall Injuries Include:
- Pulled muscles and stretched tendons. Reflexes, like tensing your muscles and twisting your body in anticipation of a painful fall, can result in the overextension of tendons or the painful stretching of muscles.
- Sprained and broken wrists and ankles. Your common impulse when you fall is to catch yourself. Unfortunately, attempting to stabilize yourself can cause you to twist your ankles, put too much pressure on your hands, or place too much weight on delicate bones in the wrists and ankles, causing them to snap.
- Fractured clavicles. Falling forward can your chest into the ground. If your collarbone strikes the ground first, the impact force of the fall could cause your clavicle to shatter.
- Tailbone bruises or fractures. If you fall backward, the natural reaction is to extend your buttocks in order to absorb the impact on the softest part of your body. Unfortunately, the force of the fall could be so great that it travels through your tailbone, causing immense bruising and even breakage.
- Spinal cord injuries. Falling on your back could cause the majority of the force to be exerted on your spine. That much force could cause vertebrae to chip, nerves to become damaged, and even permanent destruction to your spinal cord itself.
- Head and brain injuries. Your skull is attached to your body by small bones, and when you fall on your back or your chest, your neck acts as a whip to your skull: the impact force travels up your neck and whips your skull back. This not only causes whiplash and neck injuries, but it could add additional force to your head as it strikes the ground. This force can cause skull fractures, bruising, and brain damage.
Our Attorneys Provide the Support You Need to Get Back on Your Feet
When you’re injured in a slip and fall accident, no matter how severe the damage is, you deserve proper compensation for the harm done. Sadly, what you deserve isn’t always what you get. Insurance companies are very good at confusing the issues and falsely denying claims. However, we’ve got your back!
Don’t allow a slip and fall injury to drag you down, especially when we’re here to help you stand and stay on your feet. A slip and fall injury has the potential to cause you severe physical and financial harm. Don’t let it! Contact us online or call us directly 866.299.0558 for a free consultation and see how our personal injury lawyers may be able to help you.
We help injured victims in Henderson and Las Vegas as well as visitors who have been involved in an accident while visiting our area.
What is the difference between paraplegia and quadriplegia?
According to the Christopher and Dana Reeve Foundation, 23 percent of paralysis victims suffered accidents in which their spinal cords were injured. Although a spinal injury doesn’t necessarily guarantee paralysis, any direct damage to the spinal cord can potentially cause some form of paralysis.
Since your spinal cord is basically the communication center for your brain to communicate with your body, when it gets damaged, certain neurological messages which are sent to control parts of your body become lost or incapable of being sent. Likewise, messages from the body back to the brain cannot “leap the gap” of a damaged spinal cord. Depending on where the damage occurs, this can lead to different forms of paralysis.
Paralytic Forms of Spinal Cord Injuries
Paralysis from spinal cord injuries (SCIs) are generally classified under one of two categories: paraplegia and quadriplegia. Paraplegia and quadriplegia are both commonly referred to as paralysis. However, they are each separate forms of paralysis, characterized by the location of spinal injury. Depending upon where the initial injury occurred, symptoms of paraplegics and quadriplegics can widely differ.
Paraplegics suffer from what is known as “partial” or “incomplete” paralysis, which only affects two limbs (generally the legs). This type of paralysis results from an injury to the thoracic, lumbar, or sacral regions of the spinal cord (the entirety of the spine starting below the neck). Paraplegics are usually hospitalized for up to five months for extensive rehabilitation and therapy. Depending on the extant of the injury (in cases of minor bruising or swelling), some paraplegics may regain feeling and mobility.
Quadriplegics, on the other hand suffer from partial to “complete” paralysis, which can affect all four limbs (arms and legs, including hips). This type of paralysis results when damage occurs to the regions of the spine known as C-1 through C-4 (starting where the skull meets the spine and continuing down the neck). This damage causes the victim to lose both sensory and motor functions, completely disrupting sensation and control. Quadriplegics usually need at least six to eight months of extensive rehabilitation before they can be discharged from the hospital, and then continue treatment and therapy on their own.
Not all spinal cord injuries are severe. In some cases, swelling can cause a temporary communication block from the brain to the nerves. As the swelling decreases, the messages slowly get through causing temporary paralysis.
SCI Help: Because All Types of Paralytic Injuries Deserve Support
When you first experience a spinal cord trauma, it’s extremely difficult to determine the severity of the injury. Sometimes a simple bruise can make your legs go numb as if you’re paralyzed, while other injuries can seem minor but then develop serious complications.
No matter the cause, or the initial symptoms that result, if you injure your back or neck, or feel numbness, uncontrollable muscle spasms, or signs of paralysis, you need to seek medical help immediately. Hesitating could cause the injury to worsen.
After you’ve been fully examined and diagnosed by a doctor, your next plan of action should be to contact an experienced spine injury attorney. Although your body may be paralyzed, there is no reason for you to let the insurance companies take advantage of you. Allow us to have your back and fight for the financial security and the long-term treatment you need.
Don’t allow an accidental mishap to destroy your financial independence or affect your mental state. Call us today for a free consultation and see how we can help you!