Tag: accident lawyer las vegas

Injured In A Hit & Run? What Can You Do And What Can We Do For You

Posted by drpadmin on August 27, 2020

Hit and Run Accident Attorney Las Vegas

According to research from the AAA Foundation for Traffic Safety, more than one hit and run crash occurs every minute on U.S. roads. It found that an average of 682,000 hit and run crashes occurred each year since 2006. The National Highway Traffic Safety Administration (NHTSA) estimated 737,100 hit-and-run crashes occurred in 2017. In 2016, hit and run crashes resulted in an estimated 2,049 fatalities, a 60% increase since 2009.

A hit-and-run crash can leave injured victims with medical bills piling up and unable to earn income to pay those bills. Some people think they may have no options if they were injured in a hit and run car accident. That is not necessarily so. In our combined 50+ years of experience as car accident attorneys in Las Vegas, we have successfully recovered compensation for those who initially thought they had no options.

Locating The Fleeing Driver

There are ways to search for the hit-and-run driver. Of course, if a witness was able to jot down or take a photo of the license plate, we can conduct a search for the owner of the vehicle. If the police were called to the scene and given the license plate of the fleeing vehicle, the policy usually will contact the registered owner of the vehicle.

Locating the registered owner of the fleeing vehicle can lead to the applicable car insurance policy. Even if the registered owner was not the fleeing driver, the owner’s insurance on the vehicle may apply and provide protection to the hit-and-run victim. In most cases, the liability insurance policy on the car is the primary policy that applies.

In addition, the registered car owner may also be responsible for the negligence of the hit-and-run driver under the doctrine of negligent entrustment, which is a form of negligence. As described by the Nevada Supreme Court, “[u]nder this doctrine, a person who knowingly entrusts a vehicle to an inexperienced or incompetent person, such as a minor child unlicensed to drive a motor vehicle, may be found liable for damages resulting thereby.” Zugel by Zugel v. Miller, 100 Nev. 525, 527, 688 P.2d 310, 312 (1984).

Uninsured Motorist (UM) Coverage

Even if the fleeing driver or the registered owner cannot be located, the injured victim’s own uninsured motorist (UM) policy would generally apply. UM insurance generally applies when you are injured in a car accident and the person who caused it has no insurance. It also applies where the person who caused the crash cannot be found. When the fleeing driver cannot be located, the UM policy of the injured victim applies if there is physical contact between the fleeing vehicle and the injured victim or the victim’s vehicle. The insured is also obligated to report the accident to the applicable police department, sheriff’s office, or to the Nevada Highway Patrol. These rules governing when UM policies apply to hit-and-run crashes are set forth in NRS § 690B.020(2)(f).

In Nevada, drivers are not required to purchase UM coverage. However, car insurance companies must offer their insured the opportunity to purchase insurance specifically covering hit-and-run accidents. See Nev.Rev.Stat. § 690B.020. The limits of the insurance offered must be at least equivalent to the Nevada minimum liability limit of $25,000 per person and $50,000.00 per accident. Insureds can purchase higher UM/UIM limits for their protection, up to an amount equal to their liability insurance limits.

What Can You Do If You Are Injured In A Hit-And-Run Crash?

Call 9-1-1 and report the car accident. As mentioned above, your car insurance company will likely require you to obtain a police report of the hit-and-run crash.
Speak to any witnesses on the scene and see if anyone noted the license plate of the fleeing vehicle. Make sure to get contact information for all witnesses. Ask the witnesses if they can stay to provide a statement to the police.
If you are injured, seek immediate medical attention. Usually, when you call 9-1-1 and report that you are injured, an ambulance will be dispatched to the accident scene.
Call the experienced and award-winning Las Vegas car accident attorneys at D.R. Patti & Associates. We can hire private investigators to search for the hit-and-run driver, if the police cannot locate them. The sooner you call us, the sooner we can begin the search and investigation. Our experience as Las Vegas personal injury attorneys have taught us that locating the fleeing driver as soon as possible is important in order to preserve evidence, such as damage to that driver’s vehicle.

Will Prior Accidents Affect My Car Accident Claim?

Posted by drpadmin on August 25, 2020

Prior car accidents or other types of accidents may affect your car accident claim. First, insurance companies may blame prior accidents for a victim’s injuries. The more recent those accidents are, the more likely the insurance company will use those prior accidents against the victim. Second, auto insurers may use those prior accidents to test a victim’s credibility. Under the guise of needing to know more information about those prior accidents, insurers will seek more information from the victim about those accidents. Then, they will use any discrepancy – regardless of how small – against the victim. Thus, it is important to tell your car accident attorney your accident history so they can be prepared to deal with these tactics from insurance companies.

How will insurance companies learn about my prior accidents?

Insurance companies generally run a background check on the claimant in the ISO ClaimSearch database. This database contains detailed records of auto and property insurance claims and payments. Insurers claim they use the database to detect fraud. But they also use information from the database to challenge the cause of a car accident victim’s injuries. An ISO search will reveal the date, insurance company, claim number and possibly the injuries reported.

Why is my prior accidents relevant to my current injuries?

An issue in most personal injury lawsuit is whether the accident caused the victim’s injuries. This is because one of the elements of a negligence claim that a personal injury plaintiff has to prove is causation. Unless an injury is obviously and indisputably caused by a crash, insurance companies will typically question whether a victim’s injuries are related to the accident. An example of an injury that could be unquestionably crash-related would be a broken bone, as doctors would be able to tell from an x-ray if a fracture is fresh or not. However, the most common type of injuries from a car accident are not as clear cut.

One of the most common type of injury from a car accident is a neck pain. Neck pain from a car accident is usually diagnosed as sprain or strain, which can colloquially be called whiplash. There’s generally no definitive objective test from sprain or strain. Meaning, an x-ray or MRI will not definitively show sprain or strain. An MRI may show loss of cervical lordosis or the normal curve of the neck. This curvature loss may evidence muscle spasms, but it also could be from other factors, such as aging or repetitive motions. Doctors generally wouldn’t be able to tell by looking at the x-ray whether the curvature loss is from the accident, unless they can compare the x-ray to one taken immediately before the accident.

Also, pain is the usual primary symptom of accident injuries. However, there is no objective test for pain. Doctors routinely rely on their patients reporting whether they have pain and when the pain started. So, if insurance companies and their defense attorneys can show you had the neck pain before the car accident, then they can attack the opinion of the accident victim’s doctors.

Prior accidents can be a goldmine for the insurance company. What better way to show prior neck pain than go back to any prior accidents the victim may have had. Again, neck pain is a common injury from a car accident. Thus, there is a good chance if the victim was in a prior crash, the victim would have had neck pain. Then, the insurance company will likely claim the victim’s neck injury pre-existed the crash.

Of course, it’s also likely that a person can be injured in an accident that occurred years before and fully heal from those injuries. And the person’s medical records prior to the current car accident may prove that. That is why a car accident lawyer needs to know a client’s accident history. The accident attorney would need to obtain the client’s pre-accident medical records or the medical records from prior accidents. With our combined 50+ years of experience as personal injury attorneys, we know what the insurance company is looking for and we know how to beat their game. We obtain the necessary evidence to prove our client’s case even before the insurance company even asks. That’s how we have obtained millions of dollars on behalf of our clients.

If you or a loved one have been injured in a car accident in Las Vegas and had prior accidents, you should hire an experienced Las Vegas car accident attorney. Personal injury cases where the accident victim had multiple prior accidents can get complicated and may even result in a personal injury lawsuit. The accident victim will need a personal injury attorney who has successfully handled many cases like yours, even through litigation and trial. The personal injury attorneys at D.R. Patti & Associates have represented many car accident victims who’ve had prior accidents. It’s actually quite common, since accidents can and do happen far too frequently. So call and speak to one of our Las Vegas car accident lawyers today.

What Is Whiplash?

Posted by drpadmin on August 21, 2020

Whiplash From Car Accidents

Whiplash is a non-medical term that refers to a neck or upper back injury from violent or forceful rapid back-and-forth movement of the neck. The whipping motion overstretches the joints, muscles and ligaments of the neck and back beyond their normal range of motion. The most common cause of whiplash injuries is car accidents, but there are other causes, such as falling and blows to the head.

Is Whiplash Serious?

Whiplash may also be called a neck sprain, strain, or soft tissue injuries. These terms may give the impression that this condition is not serious, but it can be. While most people recover from whiplash, the condition may lead to chronic neck pain or even surgical intervention for some people. Older people, and those who already have neck problems such as arthritis, may experience more serious whiplash than a younger person. As people age, muscles and ligaments lose their flexibility and strength and thus, are more sensitive to the whipping movements.

By some counts, more than a million Americans suffer injuries from whiplash each year. Many recover, although it may take awhile — weeks, even months. But about half of those affected continue to have neck pain a year or more later, and about 10% may end up with chronic pain that interferes with work and everyday life.

Harvard Health Publishing

Symptoms of whiplash include pain to the neck and back, pain radiating to the shoulders and arms, “pins and needles” sensation down the arms or fingers, stiffness, headaches, ringing in the ears (i.e., tinnitus). Other symptoms could include memory loss, concentration impairment, nervousness/irritability, sleep disturbances, fatigue, or depression. An accident victim can develop these symptoms immediately after the crash or even days later. However, just because the symptoms develop later or does not appear to be severe doesn’t mean the condition is not severe. Even though symptoms may develop late, the condition may still become chronic.

Common Treatment of Whiplash

Typically, whiplash is treated with chiropractic treatment, range of motion exercises, physical therapy, cervical traction, pain medications, nonsteroidal anti-inflammatory drugs, and muscle relaxants. When whiplash symptoms persist, doctors may order CT or MRI scans of the spine. While these radiological studies may assist doctors in trying to identify the source of the pain, it’s not always the case. As reported by Harvard Health, “[S]ome people with persistent pain have perfectly normal imaging test results, while others whose imaging tests show abnormalities are pain-free. So it’s not as straightforward as one might think to link an imaging abnormality to symptoms, let alone to whiplash trauma.”

Whiplash and Low Speed Accidents

Whiplash can occur even from low speed car accidents. In fact, Harvard Health reports that whiplash injuries often occur during low-speed collisions.

Whiplash injuries often occur during low-speed collisions, but low speeds can translate into a lot of force. For example, if you are sitting in a stationary car that’s hit from behind by a car moving at just 10 miles per hour, the force from the collision can briefly put 9 Gs of force on your neck (a G is the gravitational “pull” of the earth). It’s not difficult to imagine how one or more structures of your neck could be injured under these circumstances.

Harvard Health Publishing

However, insurance companies and defense attorneys dispute the idea that low speed crashes can cause whiplash. Often times, insurance companies equate low property damage to low speed to no injuries. Studies published in medical journals, however, have shown this argument to be a myth.

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 a skilled Las Vegas accident attorney who knows how to deal with insurance companies‘ “delay, deny, defend” strategies.

Accident At Work? You May Have A Personal Injury Claim

Posted by drpadmin on August 18, 2020

Where you hurt while working?

People injured in an accident while working will generally have a claim for worker’s compensation. What many don’t realize is that they may also have a personal injury claim. There are important differences between a personal injury claim and a worker’s compensation claim. One of those important differences provides an important benefit to an accident victim who presents a personal injury claim and could amount to thousands of dollars.

Differences Between Worker’s Compensation and Personal Injury Law

Worker’s compensation laws arose over a century ago to provide a faster way to provide compensation to injured workers. Traditionally, the law did not distinguish between injuries at work and injuries from any other accident. Before legislatures enacted these laws, people injured at work could only receive compensation from their employer for those injuries if they showed their employer was negligent. Employers can try to escape responsibility by showing that the employee was also negligent. In some states, if the employee had any negligent, the employee couldn’t recover anything, not even for their medical bills.

Because of these harsh results and other reasons, legislatures passed laws that allowed an employee to recover against an employer for his or her work-related injury without having to show the employer’s negligence. To provide this new benefit to employees, however, legislatures required a trade-off. In exchange for not having to prove fault, legislatures prohibited employees from bringing personal injury lawsuits against the employers, with few exceptions. Nevada’s worker’s compensation statute, for example, makes worker’s compensation the “exclusive remedy” against an employer for on-the-job injuries. Another trade-off is the loss of the right to obtain compensation for pain, suffering, and lost enjoyment of life. So, under worker’s compensation laws, an employee can get compensated for medical bills and wage loss. However, the injured employee can’t get compensation for the pain and suffering he or she endured. Nevada’s worker’s compensation statutes can be found in Chapter 616A, 616B, 616C, and 616D of the Nevada Revised Statutes.

An employee may have both a worker’s compensation and personal injury claim, however, if the work-related accident was caused by someone other than an employer. That is, if an employee was in an accident while on the clock and the accident was caused by a third-person, the employee can make a worker’s compensation claim and also a claim for personal injuries against the person who caused the accident. The worker’s compensation claim will cover the medical bills and wage loss, while the personal injury claim will cover the pain, suffering, and lost enjoyment of life. Also, if the third party who caused the accident acted recklessly, intentionally, or with malice, the injured employee may have a claim for punitive damages.

Examples of Personal Injury Claims From On-The-Job Accidents

A person running an errand for work gets into a car accident and is injured. That person will have both a worker’s compensation claim and a personal injury claim. The car accident injury claim will be against the person who caused the accident and their insurance company. The experienced Las Vegas car accident attorneys at D.R. Patti & Associates have recovered millions of dollars for accident victims in this situation.

NOTABLE SETTLEMENT

Our client, a master painter, suffered a career-ending injury during a car accident in Las Vegas. While driving from one job site to another, his truck was rear-ended by an SUV. The at-fault driver’s insurance company gave our client a difficult time, because of a prior back injury. Nevertheless, shortly after filing suit, we were able to obtain about a million dollars in total settlement.

A person is injured at work while using defective product, such as a ladder, electric saw, or even a washing machine.

NOTABLE SETTLEMENT

A hotel employee’s was amputated while using a commercial washing machine at work. During their investigation, the accident lawyers at D.R. Patti & Associates discovered that the employer had hired an outside company to repair the washing machine on multiple occasions. The outside company failed to properly repair the machine, which allowed the employee to unknowingly disable the machine’s safety features. After suing both the repair company and the washing machine manufacturer, D.R. Patti & Associates was able to obtain a multi-million dollar settlement for our client’s product liability and personal injury claims.

An employee, as part of their job, is visiting a construction site that is not owned by the employer and is injured due to the negligence of someone at the construction site.
An employee is shopping on behalf of her employer and slips and falls at the store. The employee may have a premises liability claim.

In their combined 50+ years of experience, our accident attorneys have handled the simplest to the most complex accident cases. In that time, the Las Vegas personal injury lawyers at D.R. Patti & Associates have been able to obtain millions of dollars for work-related accident injuries caused by negligent third-parties. If you or a loved one have been injured in an accident while on-the-job and want to know if you also have a personal injury claim, give us a call.

Distracted Driving In Nevada

Posted by drpadmin on July 21, 2020

Distracted driving is far too common and occurs for a number of reasons. Texting while driving is just one form. Reading a text or anything on your cell phone while driving is another form. Distracted driving is driving when you don’t have full attention on driving. You could be eating and drinking, talking to other people in your vehicle, looking at your navigation system, or even fiddling with the radio. Any activity that takes your full attention from driving and the road, even for just a few seconds, is a potential distraction and increases the risk of being involved in a car crash.

The Nevada Department of Transportation estimates the increased chances of getting into a car accident by doing any of the following activities while driving:

Reaching for a moving object – 9 times more likely to be involved in a crash
Driving drowsy – 4 times more likely to be involved in a crash
Looking at an external object – 3.7 times more likely to be involved in a crash
Reading – more likely to be involved in a crash
Dialing a phone – 2.8 times more likely to be involved in a crash
Applying makeup – 3 times more likely to be involved in a crash
Eating – 1.6 times more likely to be involved in a crash
Reaching for a non-moving object – 1.4 times more likely to be involved in a crash
Talking on a hand-held phone – 1.3 times more likely to be involved in a crash

According to the National Highway Traffic Safety Administration (NHTSA), sending or reading a text takes your eyes off the road for 5 seconds. During that 5 seconds, a car going 40 mph can cover 294 feet. That’s nearly twice the length of a football field. So a lot can happen in those 5 seconds.

Consequences of Distracted Driving

Distracted driving is dangerous for everyone on the road – for drivers, passengers, pedestrians, bicyclists. According to the NHTSA, distracted driving resulted in 2,841 fatalities in 2018. This figure includes 1,730 drivers, 605 passengers, 400 pedestrians and 77 bicyclists. In 2017, 434 people died in crashes reported to have involved cell phone use. According to statistics reported by The Zebra, an estimated 391,000 drivers were injured in distracted driving crashes in 2017 and 2018 saw 4,637 deaths resulting from distracting driving. The Zebra also reports that distracted driving claimed approximately 9 lives per day.

The Nevada Office of Traffic Safety reported that between 2013-2017, 73 fatalities resulted from crashes where distracted driving was confirmed in the crash report. However, they estimate the actual number of fatal crashes involving distracted driving is much higher, as confirming whether distracted driving occurred is difficult.

The experienced Las Vegas personal injury attorneys at D.R. Patti & Associates know what it takes to prove distracted driving. If you or a loved have been injured by a distracted driver, call and speak to a Las Vegas car accident attorney at D.R. Patti & Associates at 702-331-3391 for a free consultation and see how we can help you.

Documenting Your Injuries, Pain, and Suffering When You Can’t See Your Health Care Provider

Posted by drpadmin on July 15, 2020

With many of us practicing social distancing to help flatten the curve, we have come to learn that many people have been unable to continue their treatment for their accident-related injuries. Many people with accident-related injuries have regularly scheduled doctor, chiropractic, physical therapy appointments. If they miss some appointments, their healthcare providers would normally give them instructions on exercises they can do at home that may help relieve some of their sometimes. Unable to obtain medical treatment, accident victims may be concerned whether their injuries would linger longer or worsen.

Missing health care appointments, however, cause another concern for their personal injury cases. Auto insurance companies tend to argue that a person who is truly hurt, that person seeks medical treatment and that a person who does not seek medical treatment is a person who is not truly hurt. The foregoing is a faulty syllogism, as there are many reasons why an injured person may not seek medical treatment or may have gaps in their treatment. Nevertheless, accident victims must be prepared to respond to such arguments.

One way to counter such arguments and demonstrate injury is to maintain a pain journal. Some physicians will instruct a patient to maintain a written log (journal) of pain-related information and to bring this with them to their office visits. The physician reads the patient’s journal to identify trends in the pain and responses to treatment. The following types of information should be recorded on a daily basis:

Your symptoms that day
Time when your pain started or got worse.
What you were doing at the time the pain started or got worse.
The intensity of your pain from 0 to 10, 0 being no pain to 10 being the worst pain you’ve ever felt
How long did the pain last
What you were doing at the time the pain stopped or got better.
Did you take any medication (over the counter or prescription) and what was the dosage
Time you took the medication
Whether the medication worked and how long did it take to work
Any other thing you did to reduce the pain, such as ice/heating pad, TENS, bed rest, wearing a brace, etc.
If you had to skip out on any activities, whether work or social engagements, because of the pain or other symptoms

To learn more about what you can do to document or prove your injuries from a car accident, call the experienced Las Vegas car accident attorneys at D.R. Patti & Associates for a free consultation.

How Long Does It Take To Settle My Car Accident Case?

Posted by drpadmin on February 26, 2020

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.

Backing Out of a Release

Posted by drpadmin on February 17, 2020

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.

INJURED AS AN UBER OR LYFT PASSENGER

Posted by drpadmin on October 28, 2019

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.

SAFETY GROUP CALLS FOR RECALL OF HYUNDAI AND KIA CARS FOR FIRE HAZARDS

Posted by drpadmin on October 15, 2018

Over 220 complaints of Kia and Hyundai cars spontaneously combusting has prompted the Center for Auto Safety, a non-profit consumer group, to call for the recall of about 3 million Kia and Hyundai vehicles. Previously, the Center had merely called for the National Highway Traffic Safety Institute (NHTSA) to conduct an investigation into an excessive number of Hyundai and Kia cars bursting into flames unrelated to any collision.

In a recent press release, the Center cites over 220 eerily similar incidents of Kia and Hyundai vehicles catching fire, without any collision involved, while someone was driving the car or even when the car is parked. The Center’s executive director, Jason Levine, said that the Center’s own investigation revealed “reports of almost one fire every single day” involving one of five models of Kia and Hyundai vehicles.
The Center is calling for recalls of all Kia Sorento, Kia Optima, Hyundai Sonata, and Hyundai Santa Fe for model years 2011-2014, and Kia Sorenta model years 2010-2015. Such a recall would encompass about 2.9 million Kia and Hyundai vehicles.

Some of these models are already subject to recalls for engine-related defects. It is perhaps one of the most troubling aspects of these non-collision related fires, according to the Center. It has cited over a dozen instances where the non-collision fires occurred after repairs were performed under the engine-related recall.

Co-founded by Ralph Nader in 1970, the Center seeks to protect drivers by advocating for better automobile safety regulations and campaigning for the recall and/or investigation of unsafe vehicles. In its over 40-year history, the Center played a major role in numerous recalls, including the recall of millions of Firestone tires and of over 60 million defective airbags.

If you own any of the Kia and Hyundai models identified by the Center and have suffered injuries and or other damages as a result of a non-collision related fire, you may have a claim. Contact the experienced Las Vegas products liability attorneys at D.R. Patti & Associates and see how we can assist you.