Tag: las vegas personal injury attorney

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.

The Associated Press On The Wayne Newton Monkey Bite Case

Posted by drpadmin on August 20, 2019

The Associates Press On The Wayne Newton Monkey Bite Lawsuit

Recently, Marc C. Naron, Esq., of D.R. Patti & Associates filed suit on behalf of 15-year old Genevieve Urena for personal injuries she sustained when she was bitten by Wayne Newton’s pet monkey named Boo. The bite occurred during a tour of Newton’s former home, Casa De Shanandoah. The Associated Press (AP) wrote about the lawsuit. The AP story can be viewed below.

Pets and other animals can be so cute; but they can also be dangerous, if not outright deadly. If you or a loved one have been injured by a pet or other animal, you may have a personal injury claim. Call and speak to a Las Vegas personal injury attorney at D.R. Patti & Associates to find out what your rights are.

The Los Angeles Times On The Lawsuit Against Wayne Newton Brought By D.R. Patti & Associates

Posted by drpadmin on August 20, 2019

The Los Angeles Times On The Lawsuit Against Wayne Newton Brought By D.R. Patti & Associates

Recently, Marc C. Naron, Esq., of D.R. Patti & Associates filed suit on behalf of 15-year old Genevieve Urena for personal injuries she sustained when she was bitten by Wayne Newton’s pet monkey named Boo. The bite occurred during a tour of Newton’s former home, Casa De Shanandoah. The Associated Press wrote about the lawsuit, and this story was picked up by The Los Angeles Times, amongst others. The text of the article from USA Today is re-printed below.

Wayne Newton sued over monkey biting girl visiting his home

By Associates Press

LAS VEGAS (AP) — Entertainer Wayne Newton is being sued by a Las Vegas woman who claims the veteran crooner’s pet monkey bit and injured her daughter during an invited visit to Newton’s showpiece mansion nearly two years ago.

Jocelyne Urena seeks at least $15,000 in damages on behalf of her daughter, Genevieve, in a civil negligence complaint filed Wednesday in Nevada state court in Las Vegas.

Genevieve, then 15, received emergency hospital treatment for a bite to her right wrist from a capuchin monkey named Boo, her mother’s attorney, Marc Naron, said Thursday.

The lawsuit alleges the monkey attacked the girl without provocation during a tour of Newton’s gilded former estate, Casa de Shenandoah.

Naron said the animal was not caged or on a leash and was being shown to tour guests.

The attorney said he did not know if members of Newton’s family were present at the time.

He said Genevieve underwent follow-up medical treatment, counseling, and bears a scar from the bite.

Newton’s wife, Kathleen McCrone Newton, said in an email that a family business entity broke ties with Casa de Shenandoah in July 2017, three months before the lawsuit alleges the girl was injured.

“We are not a party and have no idea what happened in October 2017,” she said.

The lavish 40-acre (16.2-hectare) property southeast of the Las Vegas Strip was home to “Mr. Las Vegas” and his family for more than 40 years. The walled compound featured several homes, gardens, pools, stables for Newton’s prized Arabian horses and a menagerie of exotic animals also including flamingos, penguins and even a sloth.

The Newtons sold it in 2010 to investors under the name CSD LLC who opened a tourist attraction and museum. The company also is named as a defendant in the lawsuit.

An attorney for the investors at that time said Thursday he no longer represents them.

Newton and his family moved in 2013 to another home.

Now 77, Newton has performed for 60 years. His best-known songs include his signature “Danke Schoen,” his 1965 version of “Red Roses for a Blue Lady,” and “Daddy Don’t You Walk So Fast” in 1972.

USA Today Article On Wayne Newton Monkey Bite Case

Posted by drpadmin on August 20, 2019

In 2019, Marc C. Naron, Esq., of D.R. Patti & Associates filed suit on behalf of 15-year old Genevieve Urena for personal injuries she sustained when she was bitten by Wayne Newton’s pet monkey named Boo. The bite occurred during a tour of Newton’s former home, Casa De Shanandoah. The Associated Press wrote about the lawsuit, and this story was picked up by USA Today, amongst others. The text of the article from USA Today is re-printed below.

Singer Wayne Newton sued by woman alleging his pet monkey bit her daughter

The Associated Press

Entertainer Wayne Newton is being sued by a Las Vegas woman who claims the veteran crooner’s pet monkey bit and injured her daughter during a visit to Newton’s showpiece mansion nearly two years ago.

Jocelyne Urena seeks at least $15,000 in damages on behalf of her daughter, Genevieve, in a civil negligence complaint filed Wednesday in Nevada state court in Las Vegas, according to the Associated Press.

Genevieve’s age and the nature of her injuries are not described in the lawsuit, which alleges the monkey attacked without provocation during a tour of Newton’s former estate, Casa de Shenandoah.

Urena’s attorney, Marc Naron, did not immediately respond Thursday to messages.

Pets and other animals can be so cute; but they can also be dangerous, if not outright deadly. If you or a loved one have been injured by a pet or other animal, you may have a personal injury claim. Call and speak to a Las Vegas personal injury and accident attorney at D.R. Patti & Associates to find out what your rights are.

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TMZ Covers The Wayne Newton Monkey Bite Lawsuit

Posted by drpadmin on August 15, 2019

TMZ On The Wayne Newton Monkey Bite Lawsuite

WAYNE NEWTON SUED

Thanks To Your Monkey

I HAD TO GET A SHOT!!!

Wayne Newton‘s monkey ain’t your average Curious George … cause the teenage girl who says the animal bit her says the injury required medical attention.

TMZ’s obtained a pic of the injury allegedly caused by Wayne’s Capuchin monkey, Boo. The girl’s mother is suing Newton claiming Boo bit her daughter’s right wrist 2 years ago while visiting Newton’s former estate, Casa de Shenandoah … a tourist attraction and museum in Las Vegas.

Their attorney, Marc Naron of D.R. Patti & Associates, says the bite broke the girl’s skin … causing it to swell — and she had to go to a hospital where she got a tetanus shot. The pic, btw, was taken the day after the alleged incident.

We’re told the alleged victim, who was 15 at the time, underwent follow-up treatments and was left with a gnarly scar that may be permanent. She claims she underwent counseling because of her fear of animals.

In the lawsuit, the family says Boo was not caged nor on a leash when they visited back in October 2017.

Wayne and his wife, Kathleen McCrone Newton, tell us they haven’t seen the lawsuit. They add … their company stopped operating Casa de Shenandoah in July 2017, “due to Wayne’s almost dying from a spider bite” — so they have “no idea what happened in October 2017.”

D.R. Patti & Associates Obtains Six-Figure Settlement in Las Vegas Scooter Accident

Posted by drpadmin on August 4, 2018

From our extensive experience as personal injury attorneys, we have seen our fair share of unfortunate Las Vegas scooter accidents and the injuries and other damages they cause. Thankfully, we have been able to obtain compensation for Las Vegas scooter accident victims. Recently, we were able to obtain a six-figure settlement for two people riding an electric scooter who was struck and injured by a truck. Unfortunately, based on statistics, we know that this may not be the last Las Vegas scooter accident we see and work on.
In an unstable economy and averaging between 60 to 100 miles per gallon, mopeds and scooters have been the cheaper option for many people, particularly those on college campuses, and their popularity has been increasing.[1] The popularity of this economical mode of transportation is evident on the Las Vegas Strip all the way to downtown, with tourists opting for this cheaper way to see the sights and casino-hop. One study estimates that moped and scooter sales have increased by as much as 60% in recent years.[2]

Unfortunately, the increased use of mopeds and scooters has led to more accidents, crashes, injuries and even fatalities. A recent Florida study found the following to have been common factors in those accidents resulting in severe injuries and fatalities: lack of a helmet, the speed of the moped or scooter, the speed limit in the area of the accident, and the amount of traffic in the area.[3]

It is no surprise that the lack of a helmet has contributed to the more severe injuries and fatalities. In many of these tragic events, the operators of mopeds and scooters were not wearing helmets.[4]The Florida study revealed that only 17% involved in moped or scooter crashes wore helmets. In Nevada, while motorcyclists are required to wear helmets that meet standards set by the U.S. Department of Transportation, those driving mopeds 50 cc or under, with less than 2 horsepower and capable of no more than 30 mph are not.[5]

The Florida study also found a high correlation between the speed of the moped/scooter, the speed limit in the accident site, and the amount of traffic. The number of accidents and severity of injuries increased when the street had three (3) or more lanes of travel.[6]The number of accidents resulting in severe injuries or fatalities also increased when the scooter/moped was driving above 20 miles per hour and the speed limit in the area was over 30 miles per hour.[7]All of these factors make sense – mopeds and scooters traveling in a busier area with faster cars will have greater chance of being involved in an accident and a greater chance of causing severe injuries or deaths. Like motorcycles, mopeds and scooters are sometimes difficult for other drivers to see on the roads. Thus, car drivers, who are likely not anticipating them or looking out for them, will likely not watch out for moped and scooter drivers.

Moped and scooter drivers must watch out for themselves. The lessons from the Florida study: wear a helmet and avoid driving in high traffic areas. Be safe out there.

If you are a moped or scooter driver who is injured in a car accident, call the Las Vegas scooter accident attorneys at D.R. Patti & Associates, or email us and see how we can help you obtain the compensation you deserve.

Drugged Driving: Alcohol Is Not the Only Cause of Las Vegas DUIs, Car Accidents, and Personal Injuries

Posted by drpadmin on February 4, 2018

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.