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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I was injured in a slip and fall accident. What evidence should I preserve?
Proving the liability of a Henderson business or property owner for your slip and fall accident may be much more complicated than you think. It is not enough that you fell; you must prove that their negligence caused your injuries. One key piece of evidence you need to keep is the shoes you were wearing when you fell.
How to Preserve Your Shoes in Your Slip and Fall Case
When you file your claim for compensation, the insurance company for the negligent owner will most likely dispute the owner’s part in it and instead claim that you caused your own fall. One way the insurance adjuster may do this is by arguing about the safety of your shoes. He will want to know what type of shoe you were wearing, its age, and how worn it was. If you file a lawsuit, the insurance company’s attorney could demand that you produce your shoes for inspection.
Because they could play a critical role in establishing that you were not to blame for your fall, it is important that you preserve your shoes immediately after your accident so that they stay in the condition they were in when you sustained your injuries. Here are the steps you need to take to do this:
- Store your footwear in a sealed container or plastic bag and do not wear them until your case is completed.
- Take pictures of your shoes before storing them in case they are damaged, lost, or worn by a family member. Be certain to take pictures of the entire shoe, including the bottom.
Pictures of the Accident Scene Are Important Too
Another crucial piece of evidence to prove the business’ or property owner’s negligence is pictures of the accident scene. You need to take pictures and/or video of where you fell immediately after your accident occurred or have someone take them for you if you are too badly injured. It is critical to take photos with your cellphone right away before the owner cleans up or repairs the hazardous condition that caused your slip and fall.
If you or a loved one was injured in a slip and fall accident in Henderson, our experienced slip and fall lawyers are here to conduct a thorough investigation of your fall, collect the evidence you need, and negotiate your settlement so that you receive the compensation you deserve. Contact us online or call our office directly at 702.405.6000 to schedule your free consultation to learn more about your legal options.
How can I interview local attorneys if I was injured in Las Vegas but live somewhere else?
If you were injured in a slip and fall or other accident while on vacation or business in Las Vegas, hopefully you are taking a first smart step and retaining a local Las Vegas attorney to represent you. Unless you have used an attorney here before for a slip and fall claim, you should interview a few attorneys before making a final determination on who to hire. This can seem impossible when you were hurt in Las Vegas but live in another city or state. Thankfully, there are easy solutions.
How to Interview an Attorney When You Live Outside of Las Vegas
If you do not live in the Las Vegas area, you do not have to travel back here to interview attorneys, although this is certainly an option. Attorneys who accommodate clients who live elsewhere will have alternative ways to schedule an initial consultation and maintain regular communication with you throughout your case. This can include the following:
- Telephone calls
- Skype or similar Internet calls
It should be a red flag in terms of hiring a lawyer if he cannot accommodate the fact that you are not local. Ideally, you want to talk to the attorney rather than just email him because this will give you a better sense of how well he communicates with you and how much you trust him.
You should prepare a list of questions to ask the attorney during your interview. Here are some questions to include:
- What types of cases do you primarily handle?
- Have you handled cases like mine before? If so, how many and what were the results?
- Will you be the attorney working on my case? If not, who will be the attorney assigned to my case? Can I meet him?
- How many cases have you taken to trial? What were their outcomes?
- How long will it take to resolve my case?
- What do you see as the strengths and weaknesses of my case?
- How will you keep me updated on the progress in my case?
- How do you prefer to communicate and how long does it take you to return calls or respond to emails?
- What investigation of my accident do you plan to conduct?
- Do you anticipate hiring any expert witnesses? If so, what type of expert and how much does he charge?
- How much will it cost me to hire you?
The experienced slip and fall attorneys at Jones Wilson Injury Lawyers are happy to represent clients outside of the Las Vegas area as well as local residents. We are committed to answering your questions and keeping you informed about your case no matter where you live. To schedule a free consultation, contact us online or call us directly at 866.299.0558. If you live outside of Las Vegas, be sure to let us know this, and we will be glad to accommodate you.
What types of accidents could I have while having fun at a casino in Las Vegas?
Casinos in Las Vegas are a fun destination for out-of-town guests here on vacation or business and for residents who want to go out on the town. However, they can become dangerous places where guests can injure themselves when casino owners and staff do not take their duty to keep guest safe seriously enough. These accidents can happen at the casino buffet and restaurants, in the public bathrooms, at their hotels, in the parking lots, and in the casino gaming area.
What Types of Accidents Occur in Casinos?
Under Nevada law, casino owners have a duty to keep the casino reasonably safe, to anticipate and correct hazards, and to put up warning signs of dangers when necessary. Because of the high volume of guests and staff at casinos on a daily basis, this is a big job that owners often fail to fulfill. Common ways that casino guests injure themselves in accidents include:
- Slip and fall accidents. Slip and fall accidents are probably the most common way that people injure themselves at casinos. Spills of food and drinks, dirty and wet bathrooms, poor lighting, and cracked and worn flooring are a few of the reasons slip and fall accidents occur.
- Food poisoning. Casinos offer food in restaurants, buffets, fast food services, and room service to millions of guests yearly. When food is not prepared properly, staff do not keep their hands clean, or food is left out too long, guests can become seriously ill from food poisoning.
- Injuries on shuttle buses. Many casinos offer shuttle bus services to and from airports, hotels, and casinos. People can slip and fall when steps are not clearly marked or debris or luggage is left in the aisles. In addition, if the driver causes a vehicle accident, riders can suffer catastrophic injuries or death.
- Falls from slot machine chairs. Slot machine chairs get an incredible amount of use on a daily basis, causing them to wear down and break more frequently. When casino owners fail to repair or replace them on a regular basis, an unsuspecting guest could fall and seriously injure himself if a chair breaks.
- Burns. Some casino owners allow people to smoke in the casino. Intoxicated or inattentive guests can burn others with their cigarettes. In addition, faulty irons in hotel rooms and electrical cords can cause fires that result in victims suffering horrific burns, scarring, and disfigurement.
- Assaults. Because people visiting casinos often carry large amounts of cash, they can be the victim of assaults and robberies when casinos do not provide adequate lightening and security.
Were you injured in an accident at a casino? Whether you are an out-of-town guest or a local resident, you need an experienced local attorney to help in your fight with the casino and its insurance company to obtain the compensation you deserve. Contact us online or call our office directly at 866.299.0558 today to schedule a free consultation. Learn how Jones Wilson Injury Lawyers can help you.
How do I find a local attorney if I was injured on vacation in Las Vegas?
Filing a claim for compensation after a car or slip and fall accident is never easy. It can become even more stressful and complicated if you were injured while on vacation in Las Vegas. Even if you live in another state, you will need to pursue your claim here. Hiring a local attorney is essential if you want to obtain the compensation you deserve for your injuries.
How to Choose a Local Personal Injury Attorney When You Live Out of State
You must retain an attorney who is licensed in Nevada, understands the laws that apply to your case, and can file a lawsuit for you if this becomes necessary. While it can be more challenging to find an experienced attorney when you don't live then the area, it doesn't have to be as hard as you may think. However, you do not want to pick just any attorney.
You need an attorney who has lots of experience handling personal injury cases, has a track record of success, and is not afraid to take your case to trial. Here are ways to find the attorney that is right for you:
- Referral. If you know family or friends in the area who have used an attorney in the past, you may be able to get the name of an attorney from them. However, for most people on a vacation or business trip here, this is not an option.
- State bar referral. You may be able to obtain a referral from Nevada’s state or local bar association. However, you will still need to research the attorneys you are referred to.
- Internet search. You can research local attorneys on the Internet. You want to look carefully at their websites to see if they have any helpful information regarding your type of legal matter, successful results in cases similar to yours, and client reviews. Any lawyer can put up a website, but an experienced one who is successful is more likely to provide much more information for potential and current clients than just what types of cases they handle.
- Interviews. You should always take advantage of an attorney’s offer of a free consultation. This is an opportunity to interview him whether you are hiring someone where you live or out-of-state. Once you have narrowed down your list of attorneys, you should schedule your free appointments. An attorney who handles these cases for out-of-state residents will be able to conduct this consultation over the telephone. As well as learning how the attorneys believe that they can help you, you want to interview them to learn about their experience, how they communicate with clients, and how they handle cases for people who do not live in the area. Your interview will be crucial in determining whether the attorney has the experience and track record handling cases like yours and if he is someone you feel you can trust.
The experienced legal team at Jones Wilson Injury Lawyers handles cases for many victims of accidents while in Las Vegas on vacation or business as well as local residents. Review our testimonials and case results to see how we have helped clients like you, then contact us online or call us directly at 866.299.0558 to schedule your free, no-obligation consultation.
What steps should I take after injuring myself in an accident while vacationing in Las Vegas?
If you are injured in a slip and fall, car accident, or other injury accident while in Las Vegas on vacation, getting the medical care you need for your injuries and compensation from the negligent party can seem complicated. It may be even more overwhelming if you do not know anyone in Las Vegas—common if you are a tourist. However, if you want to receive the compensation you are entitled to, you need to take certain steps to preserve evidence and strengthen your claim.
Take These Steps to Protect a Future Claim
There is really no difference between what you will have to do if you are injured on vacation and if you are injured at home. Unfortunately, the steps will be more difficult when you are away from home. Try to do the following when you are injured:
- Seek medical care. This is obvious if you know you suffered injuries, but it is also important if you do not think you were hurt. You may have hidden injuries with symptoms that will not develop for days or weeks after your accident. You may need care for these symptoms and will want to document them for your claim for compensation. Keep in mind that you will need your medical records when you file your claim.
- File an accident or police report. If you suffered a slip and fall accident, you should file an accident report with the business. You should contact the police if you were involved in a car accident. You will need to obtain a copy of the incident or police report to provide to the insurance company when you file your claim.
- Take pictures. You want to take pictures of the accident scene, any defect, spilled liquids, or other causes of a slip and fall accident, and your injuries. If you were in a car crash, be certain to take pictures of the damage to the vehicles, any skid marks, weather conditions, or other important information regarding your crash.
- Get contact information. You want to obtain the contact information for the negligent party and any witnesses to your accident. It is important to contact potential witnesses soon after your accident before they disappear or their memories of what happened fade.
- Do not give a recorded statement. You do not have to give a recorded statement to the insurance company for the negligent party and should not agree to give one. You could accidentally say something that could hurt your case.
- Follow up on your medical care. Many victims of accidents hurt their claim by failing to follow up on the medical treatment advised by their doctors. This makes it seem like their injuries are not that serious. Do not make this mistake in your case.
The Most Important Step Is to Call a Lawyer
One of your first steps after obtaining medical care and reporting your accident should be to retain an experienced personal injury attorney in the Las Vegas area. An attorney can investigate your accident, get copies of your accident or police report and medical records, and negotiate a settlement of your claim. A local attorney will be licensed to practice law in Nevada—necessary to file a lawsuit—and will understand the laws and practices unique to this area that govern your case. In addition, he will have a network of local qualified experts that you may need to prove your case.
At Jones Wilson Injury Lawyers, we gladly handle accident injury claims for tourists vacationing in the Las Vegas area as well as clients who live here. We are happy to accommodate you if you have already returned home. You will receive the same quality representation as you would if you lived here. Contact us online or call our office directly at 866.299.0558 to schedule your free consultation.
Is a business responsible for compensating me when I hurt myself in a slip and fall accident outside a building?
Slip and fall accidents outside buildings happen for many reasons. Cracked pavement, spilled liquids and food, and potholes in the parking lot a few of the hazardous conditions that could cause you to fall and suffer serious injuries. You may have a right to be compensated for your medical bills, lost wages, and the pain and suffering you experience due to your injuries. However, like with many issues in slip and fall accident cases, it is not always easy to determine who is responsible for compensating you if you are hurt outside a business.
How to Determine If a Business—or Another Party—Is Liable for Your Injuries After a Fall Outside of a Building
While a business’ liability for a dangerous condition that its owner or staff knew about in the building is fairly straightforward, responsibility can be much more complicated when an injury happens outside the building. A number of factors will determine whether the business, another party, or both are responsible for compensating you. Some of the considerations include:
- Does the business own the property? If the business owns the building, the business would be responsible for the upkeep of the common areas, parking lot, and sidewalks. In this situation, it is likely that you can hold the business liable for your injuries.
- Does the business rent its space from the property owner? When a business leases its store, office, or other structure, it can become much more challenging to determine who is responsible for the upkeep of the building and the areas surrounding it. You would need to review the lease to see if the owner of the property or business had control of and was responsible for the upkeep of the outside of the property. If this was the owner’s responsibility, you may need to pursue your claim against the owner and not the business. However, if the business knew about the dangerous condition, such as a large pothole, and did nothing to warn guests of the danger or to get the property owner to correct the problem, the business could face some liability as well.
- Is there a contract with a third party to maintain the outside of the building? Some businesses or property owners will enter into a contract with a third party to maintain the outside of a building, such as landscaping, care of a parking lot, or removal of snow. If this was the situation in your case, this third party could also be at least partially responsible for compensating you. Depending on the facts in your case, you may be able to file a claim with the business’ or property owner’s insurance company as well.
An experienced slip and fall attorney can help you identify the negligent party and obtain a copy of the business’ lease, which you probably will not be able to get on your own. If you injured yourself in a slip and fall accident outside a business, fill out an online form to schedule an appointment with one of our attorneys to discuss your situation with you and learn about your legal options.
How long will it take to settle my slip and fall accident case?
One of the top questions slip and fall accident victims ask is: How long will it take to settle my claim? It can be frustrating if your attorney tells you that it depends on many factors. Unfortunately, this is true, and hiring an attorney right away does not necessarily mean that your claim will settle quickly. In some cases, it is actually beneficial to wait to settle your claim.
Why It Can Take a Long Time to Settle Your Claim
While it is true that some slip and fall claims are settled within a matter of a few months, many can take much longer for even an experienced slip and fall attorney to resolve. Here are reasons why your claim could take longer to settle:
- Your medical treatment. To ensure you receive the full compensation you are entitled to, your attorney will want to wait to try to settle your claim until your treatment has been completed or your doctor gives you a final prognosis. This ensures that all the medical bills to date and your possible future ones are included in your settlement. Unfortunately, it could be months or more than a year after you begin conservative treatments like physical therapy before your doctor decides that they are not working and that you need surgery.
- Disputes with the insurance company. In most cases, even when liability of the business or property owner is clear, its insurance adjuster will dispute some issue in your case, such as the severity of your injuries, in an effort to deny or reduce your claim. Depending on the reasonableness of the adjuster, it could take your attorney months or longer to negotiate a fair settlement for you.
- Pre-existing injuries. If you have pre-existing injuries to the same part of the body that was injured in your slip and fall accident, the insurance adjuster will most likely argue that this pre-existing injury caused your current one. This could make settling your case more time-consuming for your attorney, and he may need to hire a medical expert, such as your treating physician, to issue an opinion on this to convince the adjuster that he is wrong.
- Serious injuries. If you suffered more serious injuries in your slip and fall accident that will cause you chronic pain or to become disabled, the value of your claim could be higher. Whenever the settlement amount will be high, it is more likely that the insurance company will fight harder to deny your claim.
- Negotiations. Any negotiations of a slip and fall accident claim involve some negotiations with the insurance company. Rarely will the adjuster agree to the first amount your attorney demands in settlement. This back-and-forth process takes time, even in a fairly straightforward case.
- Litigation. In some cases, the insurance company refuses to settle for a fair amount. In this situation, your attorney may need to file a civil lawsuit against the business or property owner and litigate your case. While your case most likely will be resolved before your trial, it could take months of litigation before this happens.
It is best not to settle your case quickly if it is for less than what you deserve. If you were hurt in a slip and fall accident, let our experienced slip and fall attorneys handle the investigation of your claim and settlement negotiations with the owner’s insurance company. Fill out our online form to schedule a free, no-obligation consultation.
How much will it cost me to hire an attorney in my slip and fall case?
If you must seek compensation for a slip and fall accident from a business or property owner, you want to hire an experienced attorney so you receive the settlement you deserve. To do so, you will need to research lawyers and interview them. Besides determining their qualifications, you also want to understand the fees you will be charged before making this very important decision in your case.
How Las Vegas Attorneys Charge in Slip and Fall Cases
Your attorney should tell you the fees he charges at your initial consultation with him—with is usually at no charge to you. Lawyers typically charge their attorney fees in the following manner:
- Contingency fee. Most attorneys handle slip and fall cases—and other types of personal injury cases—on a contingency fee basis. This means that they only get paid if you obtain a settlement or are awarded compensation at a trial. If you receive nothing, you do not owe attorney fees. Typically, an attorney will charge a percentage of the amount you recover.
- Hourly rate. While this fee arrangement is much rarer, some attorneys could charge you on an hourly basis that ranges from $100 to $500 per hour. You want to know the approximate total cost before agreeing to this because your fees could be expensive.
- Costs. Besides the attorney fees you will pay, you will also owe litigation-related expenses, like the court filing fees, expert witness fees, and costs for obtaining your medical records. Some attorneys will pay these fees and then deduct them from your settlement award. Others could charge a contingency fee but require you to pay a retainer of a certain amount at the beginning of your case to recover these costs. You want to be certain to understand how much these anticipated costs will be and how you will be expected to pay them.
While you may not want to hire the most expensive attorney, you do not want to choose an attorney solely based on cost. Retaining an experienced attorney who has a solid track record of case resutlts who is not afraid to take your case to trial if necessary is essential for obtaining a favorable settlement. If you or a loved one were injured in a slip and fall accident, contact us online or call us directly at 866.299.0558 to schedule a free, no-obligation consultation with one of our slip and fall attorneys.
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 happens if I hurt myself in a slip and fall accident on a public sidewalk?
Many of us are walking more to meet our fitness tracker goals or simply because we live in cities where we walk instead of drive. Walking is a healthy form of exercise, but what if the unimaginable happens and you slip and fall on a public sidewalk? Can you sue your local government?
When Is a Government Liable for a Slip and Fall on a Public Sidewalk?
If you injured yourself in a fall on a public sidewalk, your case is more complicated than if you fell on private or business property. Governmental entities—like states, counties, cities, towns, and governmental agencies—have different rules regarding when they can be liable for their negligent actions. In general, a municipality can be held responsible if your slip and fall was caused by their negligence. However, it is not enough that you slipped and fell or that an icy or wet condition existed. You will most likely need to prove the following:
- The sidewalk must have been unreasonably unsafe.
- Your local government must have had actual or constructive notice of the problem. You will need to show that people had complained of the problem or that the defect existed long enough that the government knew or should have known of it.
Filing your claim against a municipality or governmental agency is different than in a typical slip and fall case, which usually begins by filing a claim with the negligent party’s insurance company. An injured victim starts a claim for a slip and fall on government property by filing a notice of claim against the agency or municipality responsible for maintaining the sidewalk. There is a strict time period for filing the notice, so you need to contact an experienced slip and fall attorney as soon as possible to not miss this important deadline.
Were you or a family member injured in a slip and fall on government-owned property? We urge you to fill out our online form today to schedule a free, no-obligation consultation with our experienced slip and fall legal team to learn about your legal options and the time limits you have to give your notice of your claim.
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:
Blood clots. 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.
Pulmonary embolism. If a blood clot travels into your lungs, you could experience sudden breathlessness, chest pain, or a collapsed lung—a potentially life-threatening condition.
Dislocation. 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.
Infection. 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.
Wear. Plastic hip replacement parts can wear over time, resulting in the area becoming inflamed and eating away the bone around the inflammation.
Loosening. 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.
If your hip was fractured in a slip and fall accident, we’re here to help you get the compensation you could be entitled to. Call us at 866-299-0558 to schedule a free, no-obligation consultation.