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Five Ways To Mess Up Your Personal Injury Case

CPK LAW • Aug 04, 2018

Have you been injured in an accident? Is your first thought to hire a personal injury attorney? We commend you on that decision! However, just because you know you’re protected by an experienced Las Vegas Personal Injury Attorney , does not mean you are out of the woods just yet. Below we are going to describe five ways you can mess up your personal injury case–without even trying!

1) NOT WAITING FOR POLICE
 If it’s a rear end collision, it probably won’t impact the liability of the other driver because it is clear that you were not at fault. However, even in a rear-ender, the police coming to the scene and giving a citation adds some seriousness to the collision, and blunts the minor fender bender defense that is likely to come from the insurance company.

If it is anything other than clear fault on the other driver, then by all means call the police and wait if you think you might be injured. A lot of times adrenaline takes over and you don’t feel pain right after the accident… but if there is significant damage, and you don’t feel normal, the police coming to the scene can help sort out fault and possibly get you medical attention right there. For instance, if the other vehicle came into your lane, and the driver got out and said “sorry, I drifted into your lane, it’s my fault.”; you might think well he’s now admitted fault, my car is driveable, let’s just exchange information and get out of there. A funny thing happens on the way home. The other driver starts thinking about his insurance rates going up; and you know, he starts to think the other guy (you) came into his lane. When you call his insurance company about the damage to the car, you find out he’s changed his story. There is no police report. There are no witnesses. It’s now word v. word and your claim is jeopardized. Wait for the police.

2) NOT DOCUMENTING YOUR CLAIM AT THE SCENE
 We get a lot of calls where people are hurt from slipping and falling on a substance. My first question is “Did you take pictures of the substance or condition which caused you to fall?” Today everyone has a phone that can take pictures. Before they clean it up, take pictures of those old grapes. Before the step is fixed, take a picture of the chunk of concrete missing that caused you to fall. You can bet that the supermarket or apartment complex will not take pictures to help your claim. Fill out an incident report at the scene. If you’re really injured, verbally give your statement to an employee or manager, and follow up that an incident report is completed.

For car accidents, take pictures of both (or all) vehicles before they are moved. This will show where they are in the roadway, in addition to the damage caused to all vehicles. If there are witnesses, get their names and phone numbers. They will not wait around for an hour for the police to come. I cannot tell you how many times someone has told me that “he (the witness) told me the other guy ran the red light” and there is no information about this witness. If you don’t get the information at the scene, you will never get it; and there is no more powerful testimony to break the logjam of word v. word than an “independent” witness.

3) HANDLING A PERSONAL INJURY CLAIM ON YOUR OWN
 In a very serious case, most people will get an attorney. In soft tissue injury cases, insurance companies are trained to prevent “attorney penetration.” They will call you early on and buddy up to you; they may offer some money for you to go away, like $500 or $1,000, before you even go to a doctor. They might offer to pay for a limited amount of therapy or chiropractic visits. You

think to yourself that sounds fair, let them pay for the chiropractor, and when you go to the chiropractor, it will be submitted to health insurance or the insurance company who will pay an artificially low rate. This is where they really get you. Say you go to a chiropractor 10 times, for total bills of $650. You’re not really better, but you figure that it will go away on it’s own, plus
the insurance company is giving you an extra $1,000 on top of the chiropractic bills. You sign the release and your case is over. You pat yourself on the back that you did it all without an attorney.
The reality is if it’s a decent case, you left thousands on the table. If you went to an attorney, the chiropractic treatment: 1) would not be that limited; and 2) the bill would be 5-8 times what the insurance company paid. Also, you probably would not be limited to therapy for treatment. In the usual case, you can submit $4,000-$6,000 in bills for a soft tissue case and the insurance
company considers that number, not the paltry $650, in evaluating your claim. Say your settlement is $9,000. After attorneys fees and medical bills you walk away with 3 times the amount than if you did it on your own. There is a reason why the insurance company does not want you to get a lawyer. Every now and again people call with an offer, and it is fair and you don’t need us. But that is not the usual case. Remember, the insurance company is not your friend
no matter how nice the adjuster is to you during the claim.

4) WAITING TOO LONG TO GO TO THE DOCTOR
Unfortunately, we get many calls a month or two after the accident, and the person still hasn’t gone for medical treatment. The longer you wait, the more likely your claim is ruined. At some point, whether it be 3 weeks or a month, the insurance company is not going to believe you were injured. Don’t take the attitude of waiting to see if the pain will go away. If you think you are hurt, go to the doctor immediately.

5) NOT GIVING YOUR DOCTOR AN ACCURATE MEDICAL HISTORY
In a personal injury claim, all medical records are scrutinized with a fine tooth comb. Doctors sometimes don’t ask for a detailed history. You know your history, and if there is anything in the past 5 years that could be relevant to your injury claim, make sure your medical provider knows about it; whether it be a prior accident with injury; or maybe you went to the chiropractor 3-4
times a year ago when you threw your back out in the yard. Think about this when you are talking to the doctor, because eventually if the case is litigated the insurance company will find out, and if it’s not in your doctor’s records about prior recent treatment, the inference will be that you are trying to hide it or minimize it because it adversely affects your claim.

If you or a loved one have experienced a Las Vegas accident injury, please do not wait to contact Craig P. Kenny & Associates. Time is not on your side and we want to help you recover. Call us today for a completely free case review by one of our dedicated attorneys.

Sincerely,
Craig P. Kenny & Associates

 

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What happens after a DUI arrest? And should I hire an attorney? By: Melanie Scheible, Esq.

By admin • 03 Nov, 2023
Driving Under the Influence (DUI) is a criminal offense in every State. There are more than 10 different courts in Clark County and 6 courts in the Las Vegas Valley where DUI cases are heard. While each court operates slightly differently, the basic processes and timelines are the same. Most people who are arrested on DUI charges are released from custody (jail) within 24 hours of arrest and do not have to post bail. When one is taken to jail on a DUI arrest, a sample of their blood will generally be taken and sent to a lab for testing. The results are not available immediately and most people are released while the lab processes the blood. This could result in the process taking several months. When one is released from jail, it is common that the next date they would have to return to court is 6 months later. Many clients contact an attorney at this time, which is a smart way to ensure the case is handled properly. During this waiting period between being released from jail and going to court, it is important to take care of any issues with the DMV. The DMV and court system are separate, and the DMV may take action to restrict someone’s driver’s license before they even attend their first court date. An attorney can also help with the DMV process and, in some cases, prevent the license revocation. The first opportunity for the prosecutor to inform the judge if they are filing charges is at the first court hearing. At that time, one of three things will happen: the charges may be filed, the case may be dismissed, or the prosecutor may request more time to decide whether or not to file charges. The prosecutor has 1 year from the date of arrest to file those charges if he/she decides to do so. Most people who have hired an attorney choose not to attend this court date, and their attorney will appear for them. Anyone who does not have an attorney is required to appear in court. Once charges are filed- whether it is at the first court hearing or a subsequent hearing- the person and their attorney are entitled to the evidence in the case which includes the arrest report, the toxicology report, and body camera footage. The court will then give that person another date to come back to court for a hearing or trial, which can range from one month to six months later; depending on the court. A person charged with a DUI can review and discuss the evidence in their case with their attorney once the complaint has been filed. Most cases are “negotiated” at this time which means that the person chooses to accept certain consequences, such as paying a fine and taking driver safety classes. If the person does not wish to agree to particular consequences, they will have to go to trial. At a trial, the prosecutor calls witnesses- like the arresting officer and the toxicology expert- to prove that the person was driving under the influence. The accused and their attorney also get to ask those witnesses questions and present witnesses of their own, if they choose to do so. Once the evidence has been presented, the judge makes a decision as to whether or not the person is guilty. If they do indeed find them guilty, the judge imposes a sentence that could include fines, classes, or even jail time. It is part of an attorney’s duty to help their client understand these possible consequences as well as the likeliness of a judge finding them guilty at trial. The attorney should review the evidence with their client and explain the legal strengths and weaknesses of the case. Sometimes, the law does not match our common understanding of what it means to drive under the influence and an attorney helps translate the law into terms anyone can understand. Many people choose to accept negotiations instead of going to trial to have certainty in the outcome. Any requirements imposed by the judge, whether they were agreed to in negotiations or imposed at sentencing following a trial, must be completed and proof provided to the court in a certain time period. When all the requirements are complete, the prosecutor will check the person's criminal history to ensure they have not been arrested on any new charges since the start of the DUI case. If no new charges have been filed and all requirements are complete, the case can be closed. The time period to complete the requirements can range anywhere from one month to one year. The National Highway Traffic Safety Administration has recorded an increase in fatalities due to driving under the influence around the holidays for several years. As we head into this holiday season, give your loved ones the gift of staying safe on the roads. Don’t drive after drinking, or ingesting marijuana, or any other controlled substances. If you need help call the SAMHSA Helpline at 1-800-662-4357 for free, confidential advice and referrals 24/7, 365 days a year.
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THE ELECTRIC BIKE CRAZE: IMPORTANT SAFETY INFORMATION

By By Leon R. Symanski, Esq. • 02 Oct, 2023
When I was a kid I absolutely LOVED to ride my bike. I dreamed of getting the cool Schwinn with 5 speeds, hand brakes, and the banana seat with sissy-bar and shiny chrome accessories for my birthday or Christmas. Riding a bike is a great way to stay in shape and to get you to your destination, whether it be a beach cruiser, a mountain bike, or a touring-type bike. However, over the past few years, the trend has turned to Electric Bikes. But as battery-powered bicycles grow in popularity, safety concerns are growing too. What are E-Bikes? The term "e-bike" refers to two-wheeled electric-motor-assisted bicycles. E-bikes are produced with all the features of a regular bicycle with the addition of an electric motor that generates less than 750 watts. There are basically three types of e-bikes: Class 1: The motor assists the rider only when the rider pedals, and it stops assisting at 20 mph. Class 2: The motor can propel the bicycle without the rider pedaling, up to 20 mph. Class 3: The motor assists the rider only when the rider is pedaling and stops assisting when the bike reaches 28 mph. An e-bike allows riders of any skill or fitness level to reach significant speeds. For reference, Tour de France riders average 25 to 28 mph on flat terrain. Riding an e-bike is significantly different from riding a conventional bike. First of all, e-bikes are much heavier because of the frame, the motor, and the battery. If you are considering purchasing an e-bike for your minor child, please take into consideration your child's ability to manage the weight when steering or in the event of a fall. Also, please take into consideration the acceleration and speed of an e-bike. Don't assume your child can operate an e-bike just because they know how to ride a conventional bicycle. ALWAYS make sure to wear a helmet when riding an e-bike. This protects the brain, head, and face from serious injuries in case of a crash. Make sure the helmet fits properly and that it's strapped on (not just worn like an uncomfortable hat). The helmet should be snug, level, and secure. E-bikes go fast. Riders should be aware of the terrain and road surface. Riding on dirt, sand or gravel is not the same as riding on a paved surface. The weight and speed of an e-bike on an unpaved surface pose a much higher risk for an injury-related crash. Riders must always make sure they obey all traffic safety laws and be cognizant of their surroundings at all times. E-bike riders should utilize hand signals and should be equipped with a headlight, a taillight, and reflectors. E-bikes can be a lot of fun if the rider follows all of the safety requirements listed herein. But they can also cause serious injuries or death if the rider is careless and does not take safety seriously. If you or someone you know has been injured while operating an e-bike, please contact me at Craig P. Kenny & Associates for a free consultation. Thank you very much for your loyalty and your referrals.
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TECHNICALLY SPEAKING LAW

By Hayley N. Price, Esq. • 06 Sep, 2023
If you are someone who was around between 1994 and 2022, you may remember the popular sitcom Friends, which included a good-natured but somewhat unsophisticated character named Joey who famously said. “It’s like a cow’s opinion, it doesn’t matter. It’s Moo”. Although something being “Moo” is clearly not correct legalese, it is actually more common than most people realize to misuse, mispronounce, or misunderstand legal words and concepts. Here is a list of some of the most commonly misused, mispronounced, and misunderstood legal concepts and phrases: 1). ATTORNEY VS. LAWYER : These two words are commonly used interchangeably. However, they actually technically have different meanings. While all attorneys are lawyers, not all lawyers are attorneys. The word lawyer can describe anyone who has completed a law degree while an attorney refers to someone who has passed the bar exam, is eligible to be licensed, and can represent clients in a courtroom. 2). HEARSAY VS. WHAT YOU HEARD SOMEONE SAY : The word hearsay is so commonly used to describe gossip or to describe unverified statements made by someone other than the person repeating them. The correct use of the word hearsay is used to describe a type of testimony (someone speaking under oath). When a person speaking under oath repeats what someone else said or wrote down, this is hearsay. Technically, hearsay is inadmissible in a court hearing because of its unreliable character. However, there are types of speech that have earned enough credibility to qualify as an exception to hearsay which qualifies the speech as an exception to hearsay allowing it to be included as evidence. These types of speech include dying declarations, statements against the interest of the person speaking, business records, etc. 3). NEGLIGENCE VS. RECKLESSNESS : Commonly used similarly in conversation, these two words are actually technical opposites. When someone acts recklessly, that person is said to have known or should have known the risk or danger in what they are doing before continuing to do it. Oppositely, acting negligently refers to someone who simply fails to comply with the standards that a reasonable person would have under the same circumstances whether they acted deliberately with that knowledge or not. 4). SQUASH VS. QUASH : While someone can squash a bug or eat a squash with their meal, the word squash is not the correct phrase to use when attempting to clear a warrant. Rather, the correct phrase is to “quash a warrant”. 5). PAROLE VS. PROBATION : Both terms are used to refer to supervision for someone following a criminal conviction. Probation refers to out of custody supervision granted to someone in lieu of prison time, whereas parole can be granted to someone following the completion of at least some of the prison sentence with the promise that the released will maintain good behavior while free of custody. 6.) ASSAULT VS. BATTERY : Assault and Battery are two separate crimes that are often associated with one another and are often used incorrectly. It is not uncommon to hear someone say, “I was assaulted” meaning they were attacked. However this is an incorrect use of this word. While the crime of battery refers to the crime of actually physically harming someone, assault is the crime of causing someone to have a reasonable fear that they will be harmed imminently. In legal settings, knowing the correct meaning of words is important to ensure accurate communication and understanding. If you have any questions regarding the forgoing or need representations following an accident, injury, or arrest, please feel free to contact me directly at hprice@cpklaw.com.

CAN I HIRE A LAWYER IF I SIGNED A RELEASE WITH AN INSURANCE COMPANY REGARDING MY RECENT CAR ACCIDENT?

By Bradley L. Kenny, Esq. • 02 Aug, 2023
Maybe...I’ll go into the details so that you can have a better understanding. First, I want to tell you about how you can end up in a situation where you think you’re doing the easy thing, but later on, you realize that you made a mistake. In my experience, insurance adjusters are like car salespeople. If you equate an open file to a car on the lot, you have a better understanding. An adjuster always told me that a happy file is a closed file. And for car sales, a happy situation is a signed contract. Someone injured in a car accident may accept a settlement from an adjuster at the accident scene. Have you ever seen a car that has the insurance company logo all over it on the highway? Some of those vehicles are known as “IRVs” (Immediate Response Vehicles). Like someone selling a car, the adjuster happens upon an accident scene after being called in from the branch office to speak with the injured victim. They promise the moon but deliver next to nothing. Insurance companies encourage their adjusters to settle claims quickly because they know that the longer the claim is open, the more exposure the company faces. The insurance companies start telling accident victims that they are entitled to money (“cash-out” is a term used by the insurance industry). Insurance companies settle cases quickly because the bottom line is that they are trying to save as much money as possible. Insurance companies also offer “open medical” which means they say they will pay for future treatment. However, many times the treatment you may receive might not be deemed “reasonable or necessary” by the insurance company. In which case, you will be on the hook for the medical bills. Here is an actual email that was received recently: The accident only happened a week ago. However, she signed an early offer from the liability carrier saying they will pay for up to $6,000.00 in treatment and then paid her about $2,500.00 on top of that. She signed it, sent it in and then deposited the money. Can this be withdrawn or at this point is she locked in to this deal since she has already agreed to it? Our legislature has tried to put an end to these insurance company tactics. NRS 10.185 provides as follows: 1. A release of liability given in connection with any claim for personal injury sustained by a releasor is voidable by a releasor within 60 days after its signing by the releasor, if the releasor signed the release: (a) Within 30 days after the event that initially caused his or her injury; and (b) Without the assistance or guidance of an attorney. 2. To void the release of liability pursuant to subsection 1, the releasor shall: (a) Sign a written notice disclosing the election of the releasor to void the release; and (b) Within 10 days after signing the notice (1) Send the original notice or a signed copy of the notice to the releasee; and (2) Return any consideration paid by the releasee. 3. A release of liability is void on the date that the notice and any consideration described in subsection 2 are received by the releasee. 4. As used in this section: (a) “Personal injury” means any mental or physical injury. The term does not include property damage. (b) “Release of liability” means an agreement executed between a releasor and releasee. (c) “Releasee” means a party who is being released by the releasor from any claim described in subsection 1. (d) “Releasor” means a party who agrees to release the releasee from any claim described in subsection 1. A release can be set aside under the law if it was signed within 30 days after an accident and the injured person signed it without the help of an attorney. You must send a written notice to the insurance company within 60 days after signing the release. Additionally, the injured party must return any money you received from the company. You have a limited time-frame to do this. Please do not be a victim twice.

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THERE IS MORE TO YOUR WORKERS' COMPENSATION CLAIM THAN YOU MIGHT REALIZE

02 May, 2023
By Billie-Marie Morrison, Esq. Workers' Compensation is a very unique area of law. It is considered Administrative Law because the process is created and controlled by the State of Nevada. Nevada is a no-fault system, which means even if the injury is a result of something you did (for example, you are driving for your job and you create a car/truck accident) your injuries are covered under workers' compensation and you may receive a financial recovery at the end of treatment if your claim is handled properly. Often times there is a 2nd part of a workers' compensation claim. This is known as a 3rd party claim and happens in more situations than people realize. It can be from a vehicle accident when you are not at fault, you are bitten by a dog while on the job, a slip and fall on the premises of a business that is different than the one you work for, you use the restroom in an office building where you work, and the restroom is not inside your office or if it is and it is not maintained and cleaned by co-employees, this could be covered. Many product defect cases are also linked to workers' compensation claims. These include injuries caused by machines that are not properly maintained by an outside company, a washer or dryer that has a design defect and does not turn off when they are supposed to or turn on when they are supposed to. More examples of defective workplace products are cranes, forklifts, elevators, scaffolding, air conditioning units, faulty electronic aspects of equipment, boom trucks, and machines that have safety off switches that cannot be reached in the case of emergency. The list goes on and on. When you have a workers' compensation claim, in 99.9% of the situations you cannot sue your employer, but there may be other entities to sue. To know this, you should always hire a workers' compensation attorney whose practice is primarily workers' compensation and is a certified specialist. I am fortunate because I am certified by the State Bar of Nevada as a Specialist in the area of Workers' Compensation, and also practice personal injury and products liability. If you have a workers' compensation injury, it is always best to hire a workers' compensation attorney immediately. You may lose benefits, and end up with medical providers that are not correct for your particular injuries, which will ultimately mean that you will receive less money in the end. It would also mean that the 3rd party claim is also overlooked. Don't let this happen to you. On the flip side, the disadvantage to you if you hire a personal injury attorney who does not practice Workers' Compensation can cause you to lose accepted body parts, allow the workers' compensation carrier to assign the incorrect average monthly wage to your claim, lose your opportunity to have life-time re-opening rights, and most importantly, you may be encouraged to not pursue the workers‘ compensation claim for wrong reasons; such as the medical treatment in a workers’ compensation claim is not as good as in the personal injury claim. This is absolutely false. Some of the very best doctors in Nevada take workers' compensation claims. My heart surgeon accepts workers’ compensation and I love him will all my heart…(pun intended)… So don't be fooled by this. Also, having practiced in the area of products defect, many attorneys do not recognize the potential product liability case. You can be driving your car or a work vehicle, cause a car accident, get injured by the airbag (or the airbag does not engage at all) and you will have a workers' compensation claim as well as a product injury claim. If you did not cause the accident, you can have a 3rd claim against the person who cause the car accident. All of this being said, if you are injured on the job, please seek the legal counsel of a workers' compensation attorney who is certified by the State Bar of Nevada as a Specialist in the area of Workers' Compensation, such as myself.
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