There is no simple answer to how long it takes to settle a car accident case. Every car accident case is different, and there is no fixed formula. Generally, the less disputes issued, the more likely the case settles early. The more disputed issues, the longer it takes to settle case. There are several factors to consider.

Is There A Dispute As To Who Caused The Accident?

The first factor to consider is whether there is a liability dispute. A liability dispute means the drivers involved in the car accident are claiming the other person is at fault. Many times when there is a liability dispute, a lawsuit will have to be filed. The purpose of the lawsuit is to get a judge, jury, or arbitrator to decide who is at fault. However, even if a lawsuit is filed, a case can still settle without going to trial or arbitration. What happens in a personal injury lawsuit is a whole separate topic, and you can learn more about that by clicking here.

Sometimes, a case with disputed liability can settle without a lawsuit. Usually, this happens when one driver has more or stronger evidence to show that the other driver is at fault. For example, if the police came to the accident scene, did an investigation, and determined the other driver is at fault, that other driver’s insurance company may decide to settle the case. Generally, a person’s car insurance company can settle a personal injury claim without the permission of their insured. If there is a disinterested witness to the accident, there is a good chance of settling without a lawsuit. A disinterested witness is someone who has no interest in the case. Usually, this means the witness doesn’t know any of the other drivers involved.

How Severe Are the Injuries And How Much Insurance Is Available?

Assuming liability is not in dispute, the next two main factors to consider are (1) the extent and severity of the injuries and (2) the amount of insurance available. The more severe the injuries and the lower the amount of insurance available, the faster a case would actually settle. For example, if a car accident caused you to break a leg and the insurance limits for the at fault driver is the Nevada minimum of $25,000, the case would likely settle pretty quickly. The reason this case settles quickly is because there is no dispute that the injuries are greater than the insurance monies available.

The more severe the injuries and the greater amount of insurance available, the longer it could take a case to settle. For example, if you were in a car accident with a semi-truck, it is likely that the semi-truck carries a commercial liability policy. That commercial policy could be more than a million dollars. If you injured your neck in that truck accident, it could take sometime before your doctors determine that the injury is more severe or permanent. Most neck injuries from a car accident are initially diagnosed as a soft tissue injury, usually a sprain or strain. Some neck injuries may require surgery. Doctors generally can’t tell at the beginning if a neck sprain or strain may turn out worse and require surgery. Imaging, such as MRIs, may be necessary. Doctors also may require pain management and even epidural steroid injections. Other tests, such as nerve conduction studies, may be needed. All of these tests and treatment take time. A car accident victim shouldn’t settle their case until they know the full extent of their injuries.

More often than not, the less severe the injuries, the more likely the case will settle without a lawsuit. Less severe injuries take less time to heal. Once a car accident victim is fully healed or has reached maximum medical improvement, then the attorneys can begin the process of settling the case. You can learn more about the process of settling a case here.

How Bad Was The Car Accident?

The amount of damage to the cars involved in the accident also affects when the case settles. Generally, insurance companies take the position that minor impact accidents do not cause injuries. Even if they do, insurance companies say that the injuries are so minor and they will dispute the necessity or amount of medical treatment. Read more about the insurance companies’ tactics in dealing with “Minor Impact Soft Tissue” injury cases here.

What is considered a minor impact usually depends on the cost to repair the damage or how visible the damage is. An experienced personal injury will always obtain documentation on the property damage. This could include photographs of the cars and repair estimates.

The above are just some of the more common factors affecting how long it takes to settle a car accident. There may be other factors to consider, such as whether the accident victim has pre-existing injuries or is an eggshell person. Again, no car accident case is the same. If you have questions about your car accident case, you should speak to an experienced Las Vegas car accident attorney. With a combined total of 25+ years of experience and success, the car accident attorneys at D.R. Patti & Associates can provide unique insights to your case. Our Las Vegas personal injury attorneys know that its important that clients get to speak to their attorneys.

The Insurance Company Had Me Sign A Settlement . . . Can I Back Out And Hire An Attorney?

It’s not unusual for some people injured in a car accident to sign a release or accept a settlement from an insurance company immediately or days after a crash. Insurance companies would like to settle cases as fast as possible right after an accident, before the accident victim realizes how injured they are or gets an attorney. Settling within hours or days after a crash is part of an insurance company’s tactics to pay as little as possible for personal injury settlements.

We have been contacted by many who have regretted settling their cases. They signed releases without fully realizing what they had given up, how injured they were, or how much medical bills they had. They call us wanting to know if they can somehow back out of these releases or settlements. Unfortunately, there is no easy answer as no case or scenario is the same.

There are laws that govern when a settlement agreement or a release can be “set aside” or invalidated. Normally, the laws regulating contracts apply. Under contract law, the court looks to whether there was a “meeting of the minds” from the perspective of a reasonable person. This usually means a judge lets a jury decide whether an objectively reasonable person would have understood what he or she was giving up. Convincing a judge or jury that an objectively reasonable person would not have understood a clearly written contract is difficult.

Thankfully, last year, the Nevada legislature passed a law, NRS 10.185, that allows for a release or settlement agreement to be easily set aside. This law can be found under Chapter 10 of the Nevada Revised Statutes. This law, however, only applies in a limited set of circumstances. A release can be invalidated under this law if the release was signed within 30 days after a crash and the injured person signed it without the help of an attorney. To benefit from this law, the injured party was send a written notice to the insurance company within 60 days after signing the release. Additionally, the injured party must return any monies paid by the insurance company; this monies is known as consideration.

The text of the law is as follows:

NRS 10.185. Voidability of release of liability given in connection with claim for personal injury sustained by releasor.

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.
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.
A release of liability is void on the date that the notice and any consideration described in subsection 2 are received by the releasee.
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.

If you are injured, have signed a “release,” and wish to discuss your case with an experienced Las Vegas car accident attorney, call us at 702-331-3391. The Las Vegas personal injury attorneys at D.R. Patti & Associates are here to help you.

Soft Tissue Injuries

A soft tissue injury is damage to muscles, ligaments and tendons in a human body. Such an injury could be a sprain or strain. It could also involve bruises or contusions, swelling, or a tear. Because soft tissue injuries do not involve bone, the best method of imaging soft tissue is through magnetic resonance imaging (MRI).
Insurance companies like to make it seem that “soft tissue” injuries are minor. They do that as part of minimizing an accident victim’s injuries and the compensation they have to pay for those injuries. Insurance companies also tend to stereotype all soft tissue injuries in the same category. What we commonly hear from insurance companies is that soft tissues generally only take 6 to 12 weeks to heal. If an accident victim is still in pain from their soft tissue injury, the insurance company refuse to consider any symptoms 12 weeks after an injury. Again, they do this to minimize what they have to pay to the injured victim.
In reality, however, soft tissue injuries vary greatly in nature and severity. Some soft tissue injuries may be quite painful and debilitating, necessitating surgery. Also, often times, more severe injuries, such as spinal nerve damage, appear and are diagnosed as soft tissue injuries in the beginning.

Soft tissue injuries are categorized as either “acute” injuries or “overuse” injuries. “Acute” soft tissue injuries arise from trauma, such as a fall or a car accident. “Overuse” soft tissue injuries are those that gradually develop over time from activities, such as sports or repetitive use.
The following are some conditions that are considered soft tissue injuries:

A sprain is a form of acute traumatic injury involving a stretch or partial or complete tear or rupture of ligaments. Ligaments are the tissues that connect the end of one bone with another. When a joint or ligament is taken beyond its functional range of motion, a sprain can result. Think of an ankle sprain that results from twisting of the ankle. Sprains happen at joints (ankles, wrists, elbows, shoulders, etc.) and look like contusions with swelling and bruising. Sprains can also happen to the neck and back. What is commonly called “whiplash” is a sprain of the neck or back ligaments that results when those ligaments are overextended. Whiplash commonly occurs during a car crash. In some cases, pain is the primary indicator of injury for a sprain.

A strain is an acute traumatic injury to a muscle and/or tendon. Tendons are the tissues that attached the muscles to the bones. The injury could be a stretch or a partial or complete tear. Swelling or inflammation, cramping, spasms, and weakness can accompany strains.

Bruises or contusions. These conditions involve damage to muscle fibers or connective tissue without breaking of the skin. It can result in skin discoloration, which is caused by blood pooling around the injured tissue. Contusions can also be accompanied by swelling. It can result from a direct blow or repeated blows or from falling.

Lacerations, abrasions, avulsions. These conditions occur where the soft tissue has been separated and leads to some form of bleeding. These conditions are generally considered open wounds that can lead to infections.

Acute soft tissue injuries generally undergo the following three phases:

Acute Phase. The acute phase occurs right after the trauma that causes the injury. This is the phase where the pain, bleeding or swelling are at its worst. During this phase, the body is more concerned about protecting itself from further injury. Inflammation is the body’s most basic attempt to protect itself.

Sub-Acute Phase. In the sub-acute phase, the body transitions to repairing the injured tissues. The body is repairing the injured tissue with what is called scar tissue.

Late Stage. This phase is also called the remodeling phase. Healing continues during this phase. As the injured person stretches and uses their newly formed or healed tissues, the body may realize the new tissues are not yet strong enough. The body then will automatically stimulate additional new tissue to help strength and support the healing tissue. Scar tissue formed as a result of a soft tissue injury is generally considered less strong and less flexible than the original tissue. This is so despite any form of treatment. Some experts say this stage can take up to 3-12 months after the initial injury, and some even say it could take up to 2 years, or become chronic (i.e., permanent).

How long each of these stages take depends on the severity and location of the injury. The more tissue damage, the longer it will take to heal. Some parts of the body, such as the low back and legs, tend to remain in the acute phase longer.

If you or a loved one have suffered soft tissue injuries from a car accident or a fall, call and speak to an experienced Las Vegas personal injury attorney. If you call D.R. Patti & Associates, you will regularly speak to and meet with an attorney who knows how to deal with insurance companies “delay, deny, defend” strategies.

It’s not unusual for some people injured in a car accident to accept a settlement from an insurance company immediately or days after a crash. Insurance companies would like to settle cases as fast as possible right after an accident, before the accident victim realizes how injured they are or gets an attorney. Settling within hours or days after a crash is part of an insurance company’s tactics to pay as little as possible for personal injury settlements.

We recently represented two individuals who did exactly that, and neither fully realized what they had done.
In one scenario, our client was injured in what generally could be considered a minor impact. Even our client did not think the crash was severe. A taxi cab had backed up into the driver’s side of his car. Though he felt immediate pain, he thought it would go away in a few days because it was just a small crash. Within an hour, an insurance adjuster for the taxi cab company was on the accident scene. Our client’s main concern was getting his car fixed. The insurance adjuster told him the car will be fixed if our client signs the release.

Our client, who spoke only Spanish, didn’t understand or fully understand that he was releasing or waiving his right to seek compensation for injuries. Our client also didn’t realize his injuries would get worse.

Our client was in his seventies and had been turned to his right, warning his back seat passengers about the cab that was backing up fast into them, when his car was struck. His age and his body position all contributed to him developing sprain and strain, otherwise known as soft tissue injuries, injuries that would persist for days, weeks, even months. The day following the accident, the headache that began with the crash was worse. His neck was stiff, and it was painful to move. His back was achy.

Las Vegas Taxi Cab Accident Attorney

Our client waited for the adjuster to call regarding repairing the damage to his car. When he did finally call over a week later, our client told the adjuster he was injured and wanted them to pay for him to see a chiropractor. The adjuster told him that he didn’t have a claim anymore, because he signed the release. Our client was still in a great deal of pain, so he sought a chiropractor on his own. When he told the chiropractor what happened, the chiropractor referred him to D.R. Patti & Associates. In representing this person, we learned that the taxi cab company routinely attempts to settle a case immediately at the scene of a crash.
In another scenario, our client was in a motorcycle accident. She was a passenger in her husband’s motorcycle when her husband laid his bike down to avoid hitting a car that suddenly swerved into their lane. No one got the other car’s information. While her husband was fine, our client suffered a fracture to her cheek bones and significant road rash and bruising. She was transported by ambulance to the emergency room. By the end of the day, she had accumulated over $50,000.00 in medical bills; but she hadn’t received the bills yet and didn’t know how much the ambulance ride and emergency visit cost.

The following day, they made a claim against their own insurance company and were initially denied. Their insurance company explained that because there was no evidence another car hit them, they had no claim under their uninsured motorist (UM) policy. But then the insurance company said our client had a liability claim against her husband’s policy, since he caused the accident. Our client was thrilled when the insurance company offered to give her the entire amount of her husband’s insurance policy of $50,000.00 and signed a release. A few days later, she found out that the hospital was claiming a lien against the entire $50,000.00 and that her health insurance refused to pay the emergency room visit. That finally prompted our client to call one of our attorneys. On her behalf, not only were we able to successfully get her health insurance to pay for the hospital bills, but we were also able to obtained additional monies from her insurance company under her underinsured motorist (UIM) policy.

Injured while in a rideshare in Las Vegas?

More and more people are using rideshare service such as Uber and Lyft to get around in Las Vegas. Generally, using Uber and Lyft is a good idea. It is generally cheaper than a taxi, responds sooner, and reduces drunk driving. Unfortunately, even Uber and Lyft drivers get into car accidents. Passengers in the rideshare vehicles who are injured in the car accident can recover against the insurance of the person that caused the accident. This is the case even if the car accident was caused by the Uber or Lyft driver.

If the accident was caused by the Uber or Lyft driver, their insurance will cover the passenger’s injuries. Uber and Lyft carry third party liability insurance coverage, which generally covers up to $1 million for personal injuries and property damage per accident. A passenger is covered under this kind of liability policy when the Uber or Lyft driver is at fault for the accident.

What If The Accident Was Not Caused By The Uber Or Lyft Passenger But Someone Else?

If the accident was caused by another driver, the at-fault driver’s insurance will cover the Uber or Lyft passenger’s injuries. In Nevada, drivers are required to carry liability insurance that covers a minimum of $25,000 per person or $50,000 per accident. If that other driver’s insurance isn’t enough to compensate the injured passengers, Uber and Lyft insurance can cover the rest through underinsured motorist (UIM) insurance.

If the at fault driver does not have insurance or the passenger was a victim of a hit and run, uninsured motorist (UM) coverage of the Uber’s or Lyft’s insurance will apply. Lyft carries at least $250,000 in UM and UIM coverage for its passengers. Uber carries $1 million in UM and UIM coverage for its injured passengers.

What Should You Do If You Were Injured While A Passenger In An Uber Or Lyft?

First, if you are injured, take care of yourself and seek medical attention. If you feel symptoms, such as pain, at the scene of the car accident, and feel like you need medical attention, call 911 and ask for an ambulance and/or go to the emergency room or urgent care. If you do not have health insurance, do not worry about the expense; worry about getting better. Your health should be your first priority. The Las Vegas personal injury attorneys at D.R. Patti & Associates can help you obtain monies from Uber, Lyft, or any other insurance that applies to cover your medical expenses from a car accident.

The extent of property damage in car accidents is important in determining how a car insurance company deals with personal injury claims. What most Las Vegas personal injury attorneys know and the public may not is that low property damage in Las Vegas car accidents equates to low offers and a take it or leave it attitude from insurance companies. Such cases have often been categorized as MIST cases—Minor Impact Soft Tissue injury cases. The experienced Las Vegas personal injury attorneys at D.R. Patti & Associates would agree with such classifications, as low property damage in Las Vegas car accidents does not necessarily equate with minor impact, but that is a blog for a different day.

But insurance companies do equate minor property damage with low impact, as part of their “delay, deny, defend” strategy. They developed this strategy in the mid-1990s as a way to increase their profits. By taking a hardline approach, insurance companies made the car accident cases with less property damage more expensive and more time-consuming to fight. They take this approach regardless of whether the accident victim is an eggshell plaintiff or how other extenuating circumstances. An eggshell plaintiff is someone who is more susceptible to injury. The insurance company’s goal is to deter MIST or claims for personal injuries based on low property damages.

Unfortunately, automobile insurance companies are winning. Quite a few Las Vegas personal injury attorneys are now less inclined to take cases with low property damage in Las Vegas car accidents. Even when an attorney has taken on such a case, some are less inclined to litigate even when the insurance company offers a mere pittance, sometimes offers below the personal injury client’s medical bills. On some few occasions, automobile insurance companies lose, and sometimes lose big, but these occasions do not make enough of a big dent in the trillion dollar insurance industry pockets to stop this strategy. According a book by Rutgers law professor, Jay M. Feinman, property/casualty insurance companies collect $440 billion in premiums and pay only about $250 billion in claims each year.

The “delay, deny, defend” strategy works well for the automobile insurance industry in Las Vegas because they know Clark County jurors’ reputation as conservative. To me, Clark County jurors in general are skeptical. They generally have bought into the idea that a person cannot be possibly injured. They tend to see persons making personal injury claims as simply out to make money, seeking a reward rather than compensation. A CNN article referenced a case where the victim of a rear-ender who incurred $15,000.00 in medical bills and lost wages received only $1,500.00 because the jury did not believe she could be injured when her car only had dents. According to the article, three of the jurors said that blow-up photos of the minor property damage sealed the plaintiff’s fate. That case could very well have occurred in Las Vegas.
Source:

From our extensive experience as Las Vegas personal injury attorneys, we have seen the huge hospital bills after Las Vegas car accidents our clients receive. For the injured victims of Las Vegas car accidents without health insurance, those hospital bills could prove devastating. One emergency room visit to a Las Vegas valley hospital after a car accident can amount to thousands of dollars. In many cases, when a hospital knows that someone was injured in a car accident, the hospital bills after Las Vegas car accidents are usually higher than for any other type of injuries. In Las Vegas car accident cases, the hospitals know they can assert a lien against the car insurance company of the negligent driver that caused the accident.
Despite the Affordable Healthcare Act, many people still do not have health insurance, and many more people than that cannot afford the hospital bills resulting from a car accident, which bills could be in the thousands of dollars. Nevada hospitals can hold off on receiving payment until a settlement or the personal injury claim is resolved by issuing a hospital lien. Section 108 of the Nevada Revised Statute governs hospital liens. NRS 108.590(1) provides:

Whenever any person receives hospitalization on account of any injury, and the injured person, or a personal representative after the person’s death, claims damages from the person responsible for causing the injury, the hospital has a lien upon any sum awarded the injured person or the personal representative by judgment or obtained by a settlement or compromise to the extent of the amount due the hospital for the reasonable value of the hospitalization rendered before the date of judgment, settlement or compromise.

To be able to put the hospital bills on a lien, the hospital must be made aware that the treatment is a result of a car accident. The hospital will also want to know the car accident’s personal injury attorney and the car insurance company of the person who caused the accident. A hospital lien, however, will not necessarily stop the hospital from sending the bill into collections or reporting the outstanding bill on your credit report. Speak to the hospital about this at the time of your treatment or soon after.

To be valid and enforceable, the hospital lien must be recorded with the county recorder’s office and sent by certified or registered mail to the insurance company of the person responsible for the car accident, as well as that person. NRS 108.610 provides:

NRS 108.610. Notice of lien required: Recording and service. In order to perfect the lien, the hospital or the owner or operator thereof shall:

Before the payment of any money to the injured person or to a legal representative as compensation for injuries received, record a notice of lien, substantially in the form prescribed in NRS 108.620, containing an itemized statement of the amount claimed. The notice of lien must be filed with:
(a) The county recorder of the county wherein the hospital is located; and
(b) The county recorder of the county wherein the injury was suffered, if the injury was suffered in a county other than that wherein the hospital is located.
Before the date of judgment, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon the person alleged to be responsible for causing the injury and liable for damages on account thereof and from which damages are claimed.
Before the date of judgment, settlement or compromise, serve a certified copy of the notice of lien by registered or certified mail upon the insurance carrier, if known, which has insured against liability of the person alleged to be responsible for causing the injury and liable for damages on account thereof and from which damages are claimed.

Additionally, the hospital is required to provide a thirty percent (30%) uninsured discount if you make payment arrangements in advance. Under § NRS 439B.260(1), hospitals generally must reduce charges by 30 percent to inpatients who lack insurance “or other contractual provision for the payment of the charge by a third party,” are not eligible for public medical payment assistance, and arrange within 30 days of discharge to pay the hospital bill. See Bielar v. Washoe Health Sys., Inc., 129 Nev. Adv. Op. 49, 306 P.3d 360, 361 (2013). In that case, the car accident victim, after paying the hospital its full bill, sued the hospital claiming that the hospital’s charges were unreasonable and that the hospital failed to give her the mandatory 30% discount under NRS § 493B.260. She presented evidence at trial that the hospital had made a 185% profit margin on the victim’s bill and that the hospital overcharged the victim. The district court held that the victim was ineligible for the 30% statutory discount because of the personal injury settlement she received much later after her hospitalization. On appeal, the Nevada Supreme Court held that the victim was eligible because at the time the victim received the hospital services, she had no health insurance or other insurance that would cover her bills. According to the Court, the subsequent personal injury settlement cannot be considered as “other contractual agreement.”

The hospital lien is enforceable only against the insurance company of the person responsible for the car accident, otherwise known as liability insurance. This means that the hospital cannot enforce its lien against a car accident victim’s uninsured (UM) or underinsured motorist policy. See Washoe Medical Center, Inc. v. Reliance Ins. Co., 112 Nev. 494, 915 P.2d 288 (1996) (holding that Nevada’s hospital lien statute does not encompass an individual’s UM benefits for several reasons).

If you were in a Las Vegas car accident and have medical bills piling up, contact the experienced Personal Injury Attorneys of D.R. Patti & Associates to help you. We obtain not only fair compensation for the injuries suffered by our clients but also negotiate with hospitals and other medical providers to reduce our clients’ medical bills. We have helped many clients with their hospital bills after Las Vegas car accidents.

In our over 26 years of experience as Las Vegas personal injury attorneys, we have seen our fair share of car accidents caused by drivers who were impaired or high on drugs, both illegal and legal drugs. A while back ago, the Las Vegas car accident attorneys at D.R. Patti & Associates represented the families of two victims of a car accident caused by an individual who was under the influence of prescription drugs. The at fault party was so high she did not even realize she had hit another car and killed one of the victims. In another case, our Las Vegas personal injury lawyers represented an individual who was rear-ended by a Porsche driving at 70 miles per hour at least. The police questioned the Porsche driver, who kept falling asleep, and ultimately the driver admitted to having taken Ambien, a sleeping pill, within 30 minutes before driving. In another case, a client was injured when her car was rear-ended; the person who rear-ended her apologized profusely and asked her not to call the police, saying that he was on new prescription pain medications and should not be driving.

It is no surprise that certain legal prescription medications can affect driving ability. At this day and age, we should be familiar with the warnings that accompany many prescription drugs against the operating of machinery—including motor vehicles. This means that certain medications, even when taken legally and according to doctor’s instructions, can cause car accidents.

Despite such warnings, driving under the influence of such medications, alone or in combination with alcohol, the number of people found to drugged driving remain relatively significant. The 2007 National Roadside Surgery by the National Highway Traffic Safety Administration (NHTSA), more than 16% of weekend, nighttime drivers tested positive for medications, whether illegal, prescription, or over-the-counter.

A 2009 NHTSA study found that 18% of drivers who died as a result of a motor vehicle accident tested positive for at least one drug. This represented an increase of 5% from the 13% in a 2005 NHTSA survey.
The number of people driving under the influence and not caught is even greater. Results from a 2009 National Survey on Drug Use and Health (NSDUH) revealed that about 4.2%, or approximately 10.5 million people 12 years and older, self-reported driving under the influence of illicit drugs. For those 18 to 25 years old, the percentage is even greater, rising to 12.8%.

A problem with apprehending drugged drivers is that there is no test like a breathalyzer that can be performed, investigating law enforcement officers must look for other outward signs of drug impairment, such as by performing field sobriety tests. Education of drivers against the dangers of driving while under the influence of medication, whether legal or illegal, should hopefully help curb these incidences.

Under Nevada law, drivers don’t have to “blow” the legal limit for drugs or alcohol to be impaired. Section 484C.110 of the Nevada Revised Statutes (NRS) prohibits driving under the influence of any combination of substances that renders the driver unfit to drive. Such substances include properly prescribed pain medication. The statute, NRS § 484C.110, provides in pertinent part as follows:

NRS 484C.110. Unlawful acts; affirmative defense; additional penalty for violation committed in work zone.
. . .

It is unlawful for any person who:

(a) Is under the influence of a controlled substance;
(b) Is under the combined influence of intoxicating liquor and a controlled substance; or
(c) Inhales, ingests, applies or otherwise uses any chemical, poison or organic solvent, or any compound or combination of any of these, to a degree which renders the person incapable of safely driving or exercising actual physical control of a vehicle, to drive or be in actual physical control of a vehicle on a highway or on premises to which the public has access. The fact that any person charged with a violation of this subsection is or has been entitled to use that drug under the laws of this State is not a defense against any charge of violating this subsection.

If you’ve been injured in a car accident in Las Vegas that was caused by a driver under the influence of drugs then call and speak to a car accident lawyers at D.R. Patti & Associates.

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You Need Experienced Las Vegas Personal Injury Trial Attorneys

It is no big secret in the big little city of Las Vegas that personal injury victims have a lot of choices of attorneys. One cannot drive down the I-15, Charleston Blvd., or any major street without seeing a billboard for Las Vegas personal injury attorneys. There are negative stereotypes of these “billboard” personal injury attorneys. This stereotype was evident at a recent jury selection when many of our potential jurors expressed negative views of “billboard” attorneys.

Personal injury plaintiffs in Las Vegas have enough to deal with to be concerned about the reputation of their attorneys. Amongst those in the legal field, Clark County jurors are generally known to be conservative and anti-plaintiff. As we tell each of our clients, when a plaintiff walks into a courtroom, not only does the plaintiff bear the burden of proof but must satisfy that burden in front of a Las Vegas jury that tends to distrust personal injury plaintiffs. The burden and jurors’ bias against plaintiffs are not insurmountable hurdles to an experienced personal injury trial attorney. Insurance companies and their attorneys, however, know that these hurdles may be enough to scare away personal injury attorneys less experienced in trials.

Additionally, insurance companies know that litigation and trials are also costly. While personal injury cases valued at less than $50,000.00 would proceed through the mandatory arbitration, a process that is less expensive than proceeding through a jury trial, an arbitration case could still end up in a jury trial. In some cases, insurance companies will opt to take a case to a jury after losing in arbitration. Despite the additional expense, insurance companies and their attorneys believe they have a better chance in front of a jury than in front of an arbitrator, particularly if the personal injury plaintiff’s attorney does not have a reputation of taking personal injury cases to trial.

Many insurance companies collect information about a personal injury claimant’s attorneys. This information is in the insurance companies’ database, and insurance companies know which Las Vegas car accident attorneys are less likely to go to trial and which ones are more likely to accept low settlements to avoid a lawsuit or trial. The insurance companies use this information to make settlement offers, and they will usually make low offers to those Las Vegas car accident attorneys that have a history or reputation of not litigating cases or settling for below a fair settlement. Do not hire one of those attorneys. Instead, hire the experienced Las Vegas personal injury attorneys of D.R. Patti & Associates, as we have a reputation and history of litigating and going to trial when needed to get fair compensation for our clients.

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NRS 108.610. Notice of lien required: Recording and service. In order to perfect the lien, the hospital or the owner or operator thereof shall:

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