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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Am I entitled to compensation if I was partially at fault in causing my car crash?
If you were partially at fault in causing your car accident, you might think this prevents you from receiving any compensation from the driver who was primarily at fault. Fortunately, this may not be the case. However, your fault could be a determining factor in how much compensation you receive.
How Nevada’s Modified Comparative Negligence Could Affect Your Settlement
Nevada follows the modified comparative negligence rules in determining who pays what in a car accident, slip and fall, or other personal injury case. It is also known as the “51 percent rule.” Under modified comparative negligence, an injured party’s recovery is limited by the percentage of his own fault, and he would not be entitled to any money if his fault was over a certain threshold. It could affect your settlement amount in the following ways:
- If you were 51 percent or greater at fault in causing the accident, you would not be entitled to any money.
- If you were less than 51 percent at fault, you would be entitled to compensation, but the amount would be reduced by the percentage of your fault. For example, if you were 25 percent at fault, a $500,000 award would be reduced to $375,000—still a substantial sum.
In a jury trial, the jury would be asked to decide the full amount of compensation you would be entitled to without a determination as to who was at fault as well as a special verdict indicating the percentage of fault for each party. The judge would use this information to set the final amount of your award.
Of course, the insurance company for the negligent driver will try to argue that you are more at fault than you really were to deny or reduce your claim. That’s why you need an experienced car accident attorney on your side. Hurry to not miss the deadline to sue. Call us at 866-299-0558 to schedule a free consultation to learn how we can assist you.
What problems could I experience if I begin exercising after a spinal cord injury?
Your doctor may have encouraged you to begin an exercise program as part of your treatment plan for your spinal cord injury. Like many accident victims suffering with the chronic pain and limitations of movement that go along with these injuries, you may find the thought of exercising daunting. You could even be worried—rightfully so—that exercising could result in you feeling more, not less, pain. However, you can take steps to reduce your risk of further injuries.
Watch for These Things As You Begin Your Exercise Program
Accident victims suffering with a spinal cord injury can find exercise improves their muscle strength, breathing, circulation, and self-confidence and can reduce the anxiety and depression they may feel. To enjoy these benefits of exercise, you should be alert for the following:
- Skin problems. As you get on and off exercise equipment, watch for any areas that could cause friction or pressure on your skin if you suffer with skin problems.
- Autonomic dysreflexia (AD). This is a syndrome causing sudden excessive high blood pressure and is a common problem for spinal cord injury victims. When you exercise, be conscious of spikes in your blood pressure so that you do not damage your heart.
- Overuse injuries. You need to be careful not to perform the same exercises all the time that repetitively work the same muscles and could result in further injuries.
- Spasticity. Spasticity is a secondary condition you could suffer with that causes your muscles to be constantly contracted. If you have this condition, you need to be careful when using exercise machines and may need someone to watch you while using them to avoid being thrown out of the proper position for the machine.
- Medication. If you are taking medication that numbs your pain, you need to be extra vigilant to not overdo your exercises and cause further injuries to your spine.
Did you or a family member suffer a spinal cord injury caused by a person’s or business’s negligence? Fill out our online form to schedule a free, no-obligation consultation.
What complications could I suffer if I need hip replacement surgery after a slip and fall accident?
If you fractured your hip in a slip and fall accident, you may need surgery to repair the damage. You are facing major surgery and a lengthy rehabilitation. Unfortunately, even with surgery, you could find your long-term independence reduced or you may be unable to continue to live on your own. You also have an increased risk of weakened bones and falling in the future—which could result in another hip fracture. Additionally, you could suffer serious complications from your hip replacement surgery.
Six Complications You Could Experience After Hip Replacement Surgery
Like any major surgery, hip replacement surgery comes with risks of further problems. Possible complications you could suffer include:
Because of the changes in the way blood flows and clots after surgery, you could develop blood clots in the deep veins your legs, causing pain and swelling.
If a blood clot travels into your lungs, you could experience sudden breathlessness, chest pain, or a collapsed lung—a potentially life-threatening condition.
Your hip replacement could dislocate—in some cases multiple times. If this occurs, you would need additional surgery to put it back in place or to install a brace to stabilize the hip replacement.
If your hip joint becomes infected, you could need antibiotics to treat the infection. Often the new hip joint must be removed and a new one implanted two to four months after the original surgery.
Plastic hip replacement parts can wear over time, resulting in the area becoming inflamed and eating away the bone around the inflammation.
Your artificial hip could loosen—often years after your original surgery, causing you pain and instability in your hip. Surgery is usually required to repair this problem.
Have You Been Injured In A Henderson Slip and Fall Accident?
If you've been injured in a slip and fall you need to speak with an experienced slip and fall lawyer as soon as possible. Please contact us online or call our Henderson office directly at 702.405.6000 to schedule a free consultation with our slip and fall attorneys.
What complications could I suffer from spinal stenosis surgery?
A victim of a serious vehicle or slip and fall accident who suffers from spinal stenosis can experience pain and limitations in his activities long after the accident. He and his family can experience financial hardships due to the expensive and ongoing medical treatments and the loss of income during recovery. Even with surgery, a person suffering from spinal stenosis can experience prolonged complications and a poor prognosis for a full recovery.
Eight Complications You Could Suffer From Spinal Stenosis Surgery
The severity of complications you could experience from spinal stenosis surgery will depend in part on your other medical conditions, the extent of your spinal injury, and your age. Possible complications include:
- Problems from anesthesia
- Deep infection in the surgical wound or skin infections
- Blood clots
- An unstable spine
- Nerve injury that could include weakness, numbness, or paralysis
- Tears in the tissue covering the spinal cord, which could require additional surgeries
- Problems passing urine or loss of bladder or bowel control
- Long-term, chronic pain
While spinal stenosis surgery can help some victims of serious accidents, others find the symptoms such as pain and leg numbness continue or return after several years. In addition, the spinal stenosis could develop in another area of the spine, requiring additional surgery.
If you suffer from spinal stenosis after a serious accident, you need to act quickly to protect your legal rights and not miss important deadlines to file a lawsuit. Fill out our online form to schedule a free, no-obligation consultation to learn about your legal options.
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.