Tag: personal injury attorneys las vegas

Marquis Who’s Who recognizes Dean Patti as Top Lawyer

Posted by drpadmin on September 11, 2020

Marquis Who’s Who Recognizes Dean Patti as a Top Lawyer

Marquis Who’s Who has included Dean Patti in its eponymous directory of prominent individuals, as well as its Top Lawyers book. The publication “endeavors to profile the leaders of American society; those men and women who are influencing their nation’s development.” As in all Marquis Who’s Who biographical volumes, individuals profiled are selected on the basis of current reference value. Factors such as position, noteworthy accomplishments, visibility, and prominence in a field are all taken into account during the selection process.

Mr. Patti is a Las Vegas-based attorney with nearly 3 decades of experience in personal injury and medical malpractice. After beginning his legal career by clerking for two prominent Nevada Supreme Court justices, he went on to establish a highly successful boutique law firm in Las Vegas. With that firm, Mr. Patti represented some of Nevada’s prominent individuals, including politicians and leading businesses. However, helping individuals injured in accidents has been his passion. He has represented thousands of injured victims from car accidents to the most complex commercial trucking accidents, product liability, and medical malpractice cases, and has successfully obtained over $250 million in his career. Most prominently, as co-counsel, he was instrumental in obtaining the then-largest settlement in Nevada history, $28 million.

Several years ago, Mr. Patti established a new law firm, D.R. Patti & Associates, whose prime goal is to help personal injury victims. In addition to obtaining maximum compensation for his clients, he wants to provide more personalized treatment. His policy is to treat his clients as he would like to be treated. Noteworthy, Martindale-Hubbell has recognized Mr. Patti for his legal ability and ethical standards for the last two years. The company’s Peer Review Ratings are considered the “gold standard in attorney ratings.” Being bestowed the rating of “Notable” means that a large number of attorneys has recognized Mr. Patti for his strong ethical standards.

Mr. Patti, however, believes the strongest recommendation of his skills are those that come from former clients. Doing very little advertising, Mr. Patti built his legal practice through word of mouth from very satisfied clients. Readers of My Vegas magazine has also recognized Mr. Patti as one of its top 100 lawyers in 2018.

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How To Obtain Video Of My Car Accident In Las Vegas

Posted by drpadmin on August 31, 2020

How To Obtain Video of My Car Accident In Las Vegas?

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How To Obtain Video of My Car Accident In Las Vegas?

In many car accident cases our personal injury law firm has handled in Las Vegas, our clients have asked us to obtain video of their car accident. Most of the time, that video does not exist. “What about the traffic cameras we see on the street,” they would ask. And we would have to answer that those do not record. Until recently.
There are hundreds, if not thousands, of cameras in Las Vegas. They are visible on traffic lights at intersections. Those cameras are operated by the Freeway and Arterial System of Transportation (FAST), a division of the Regional Transportation Commission of Southern Nevada (RTC), in conjunction with the Nevada Department of Transportation (NDOT). FAST is responsible for managing traffic control devices in the Las Vegas Valley, including freeway ramp meters and traffic signals at intersections. They also operate those digital freeway signs. The traffic cameras assist FAST in monitoring and coordinating traffic. That is, they program how long the red, green, and yellow signals last, based on the traffic flow in that area.
NDOT and FAST allow drivers to view the videos captured by these cameras. You can view them here live. Although legislators on occasion would consider using these traffic camera videos to issue citations for running red lights, nothing came of it. These cameras were solely there to assist FAST in its traffic management duties.

Traffic cameras are an opportunity for drivers to make travel decisions based on road conditions. Knowing if there is congestion, an incident blocking the freeway, extreme weather or other condition can help you decide to forego travel or detour the area, making for an easier commute and safer roadways.

Nevada Department of Transportation

Unfortunately, recording the videos would require heavy investment in computer servers. So, until recently, FAST did not record and save the traffic camera videos. Now, as recently reported by KTNV, a Las Vegas company has partnered with FAST and NDOT to record and store the videos and/or screenshots. That company, National Traffic Video is operated by a well known accident and forensic engineering firm, American Bio Engineers.

While actual videos of accidents are routinely captured, videos and screenshots depicting the immediate aftermath or vehicle rest positions can provide vital information about how the impact occurred.

American Bio Engineers

As noted on their website, the videos or, if those are not available, screenshots can provide useful information for those involved in car accidents in Las Vegas. American Bio Engineers provide the video or screenshots for a fee, and this is how they say they manage to undertake this venture.
KTNV recently reported that the videos provided by National Traffic Video was used by crash investigators to show what happened in a tragic crash that killed a 1 year old boy.
Before these traffic camera videos were available, Las Vegas accident attorneys and law enforcement crash investigators had to hope that surveillance cameras from nearby businesses would capture a crash. Of course, such videos were not available for car accidents on the freeways. Most of the time, nearby businesses didn’t catch a crash or didn’t have the right angle on the streets.
When videos weren’t available, car accident attorneys and crash investigators in Las Vegas had to rely on accident reconstruction. Car accident attorneys, such as ourselves, had to hire companies like American Bio Engineers to reconstruct an accident based on information obtained by investigating police officers. Such information includes length of skid marks, point of impact, and location of debris. Not all of the information, however, may be included in a traffic crash report, if there is such a report.
The videos or screenshots provided by American Bio Engineers can assist in resolving car accident claims where there is a question of who caused the crash. These videos could also be helpful in cases where the severity of the impact may be at issue.
If you or a loved one have been involved in a car accident in Las Vegas and want to know how to obtain video or other evidence of a car wreck, speak to an experienced car accident attorney at D.R. Patti & Associates. We will retain American Bio Engineer and take other steps to secure the necessary information about your car accident. We check with nearby businesses that may have captured the car accident from a different angle and also speak with known witnesses. Having successfully represented thousands of car accident victims in Las Vegas, we know how to win your case. Give us a call today.

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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.

Rolling Stone On D.R. Patti & Associates Lawsuit Against Wayne Newton For Monkey Bite

Posted by drpadmin on August 20, 2020

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. Rolling Stone, amongst others, wrote an article about the case. The text of the article is re-printed below.

Wayne Newton Sued After Pet Monkey Bites Visitor at Famed Mansion

An unleashed capuchin named Boo allegedly bit a 15-year-old girl during a tour of the singer’s former mansion-turned-tourist attraction Casa de Shenandoah

By Jon Blistein

Las Vegas entertainer Wayne Newton is being sued by a woman who claims his pet monkey bit and injured her daughter during a visit to the singer’s former mansion-turned-tourist attraction two years ago, The Associated Press reports.

Jocelyne Urena, a Vegas resident, filed a civil negligence complaint on behalf of her daughter, Genevieve, on Wednesday. She’s seeking at least $15,000 in damages.

Genevieve was 15-years-old when, during a tour of Newton’s former home, Casa de Shenandoah, a capuchin monkey named Boo allegedly bit her right wrist. The lawsuit alleges the monkey – who was not caged or on a leash at the time – attacked Genevieve without provocation. Urena’s lawyer said Genevieve required hospital treatment, follow-up medical treatment and counseling, while the bite also left her with a scar.

In response to the lawsuit, Newton’s wife, Kathleen McCrone Newton, shared a statement with the Las Vegas Review-Journal, noting that Newton’s company severed ties with the company running Casa de Shenandoah in July 2017, three months prior to the alleged monkey attack. Ironically, McCrone Newton said the family pulled out of the business venture “due to Wayne’s almost dying from a spider bite” and being hospitalized.

McCone Newton added, “[W]e are not party and have no idea what happened in Oct. 2017… John Munson and his company took over July 1, 2017.”

Newton and his family lived at Casa de Shenandoah for over 40 years, but sold it in 2010 to investors, who converted it into a tourist spot and museum (the company, CSD LLC, is also named in Urena’s lawsuit). Newton and his family moved to a different home in 2013.

Pet 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 at D.R. Patti & Associates to find out what your rights are.

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.

The Right Way To Handle Injury Claims From Multiple Car Accidents

Posted by drpadmin on August 13, 2020

Some people are just unlucky. Through no fault of their own, they are injured in multiple car accidents in a short amount of time. We had a client who was in four crashes in 14 months, and he wasn’t cited in any of them. We had another client who was in three crashes in 3 months, two of them a week apart. Again, in none of them was she cited by the police as at fault. Those are the extreme examples, but sadly, it’s not uncommon to see someone become a victim to multiple car accidents.

What is also unfortunately, we have also seen personal injury claims from multiple car accidents handled incorrectly. Clients have come to us after being dropped by another Las Vegas car accident attorney or feeling that they are not receiving the fair value of their injury claim. In those cases, we learn that the clients’ prior attorney had treated each crash as a separate injury claim, even though the crashes combined to produce the clients’ injury. That is, the prior attorney sent out separate demands to the insurance company for each accident. Then each insurance company offered an amount far below the value of the claim, arguing that only a portion of the injuries was caused by that accident. The other insurance company on the second accident did the same. In cases where we get the case early enough, we were able to fix the case and obtain a much higher compensation for the clients.

Being involved in multiple car accidents does not have to complicate personal injury claims, if handled appropriately in the beginning. We’re going to cover the do’s and don’ts in handling personal injury claims from multiple car accidents. The primary thing to remember is to focus, not on the number of crashes, but on the injury or injuries. If two or more car accidents caused injuries to separate body parts, then you have multiple injury claims. However, if two or more car accidents injured the same body part, then you’re really looking at one injury claim against multiple defendants. In that situation, the multiple defendants are likely jointly and severally liable for the injury to the same body part.

What Is Joint And Several Liability?

Joint and several liability is a legal concept that holds multiple defendants equally responsible for the same damages. When two or more defendants are joint and severally liable, any of the defendants can be responsible for the entirety of a victim’s damages. The reason behind this concept is to protect an innocent victim. Under joint and several liability, if one defendant becomes bankrupt, the innocent victim can go after the defendants for all of his or her damages.

Nevada applies joint and several liability to only a few situations. Those situations are listed in NRS § 41.141. What is not listed there is a situation involving an indivisible injury. Even though not listed there, joint and several liability still applies.

What Is An Indivisible Injury?

In the context of a personal injury claim, an indivisible injury is an injury to a body part caused by one accident and is then aggravated by another accident. The injury would be indivisible if medical professionals cannot separate the injury caused by the first accident from the second accident.

The Nevada Supreme Court expressly addressed the situation presented here: two motor vehicle collisions, occurring at separate times, and causing a single indivisible injury. In Kleitz v. Raskin, 103 Nev. 325, 738 P.2d 508 (1987), the plaintiff injured his back in an auto accident that occurred on December 23, 1981. About a month later, the plaintiff’s doctor recommended that plaintiff be hospitalized for his injury. On his way to the hospital, the plaintiff was injured in a second accident. The plaintiff then sued the people who caused both accidents. The Nevada Supreme Court ruled that two defendants can be jointly and severally liable for the entire amount of damages attributable to the back injury under the following conditions. First, the plaintiff must establish that the second accident caused or aggravated plaintiff’s injuries. Then, the defendants must apportion plaintiff’s injury, and if they are unable to do so, both defendants are jointly and severally liable. The Court reasoned that, since the defendants caused the accidents, they should bear the burden of trying to separate or apportion the injuries. An innocent victim should not have to bear that burden.

Applying joint and several liability to situations involving indivisible injuries is well recognized at common law. In fact, the Nevada Supreme Court in the Kleitz case relied on a Washington state court decision involving a similar factual scenario. In Phenna v. Whalen, 28 Wash.App. 19, 621 P.2d 1304 (1980), a plaintiff in her sixties was injured while a passenger in a Metro bus that was involved in an accident. Along with aggravating a prior injury to her back, she also developed neck and upper back pain. About four months later, she was driving her own car and was struck by another car. Afterwards, the plaintiff returned to her doctor and complained that the second accident worsened her symptoms. Her doctor ultimately opined that her injuries from both accidents were permanent.

The Washington court had to deal with the question whether the plaintiff’s damages should be apportioned between the two defendants or hold both the defendants equally and jointly responsible. Analyzing a number of other cases, the Phenna court reached the conclusion that the Nevada Supreme Court would later adopt in Kleitz

Do’s and Don’ts of Handling Indivisible Injury From Multiple Car Accidents

DO tell your doctors about the accidents you’ve been injured in
DON’T treat with different doctors for each accident
DO see the same doctors after each accident
DO keep a pain journal so you can document your pain level before and after a crash. Of course, no one knows when they could end up being involved in another accident. But, if you keep a pain journal after the first accident, then you already have a record of your symptoms and their severity IF you do get into a second accident.
DON’T send out separate demands and try to apportion the damages yourself.
DO send one demand to the insurance companies for the people that caused the accident.
DON’T think you can get more money by making a separate claim for each accident or hiring a different attorney for each accident.
DO maximize the value of case by hiring the same Las Vegas personal injury lawyer for both accidents

Punitive Damages In Las Vegas Personal Injury Cases

Posted by drpadmin on August 11, 2020

Many people have heard the term “punitive damages” and want to know how it applies to their personal injury or car accident claim in Las Vegas. “Punitive damages” is an amount that is awarded by a jury to punish a party in a civil lawsuit. This term is also sometimes called “exemplary damages,” as the award is intended to set an example. Punitive or exemplary damages is usually contrasted with compensatory damages, which are intended to make an accident victim whole again. Compensatory damages usually include medical bills, lost income, pain and suffering, and lost enjoyment of life.

Punitive damages cannot be awarded in most cases. For a personal injury plaintiff to even be able a jury for punitive damages, the plaintiff must show that the defendant was more than negligent. Negligence generally means careless. In other words, to be able to ask for punitive damages, a plaintiff must show that a defendant was more than careless. In Nevada, usually, this means showing that a defendant acted intentionally, recklessly, or with intent to do harm. In car accident cases, punitive damages usually do not apply but may apply in drunk driving cases. It should also apply to cases where a defendant was texting and driving.

In the McDonald’s coffee cup case that a lot of people seem to know about, the biggest portion of the jury’s award was the punitive damages. The jury in that case awarded $2.7 million against McDonalds. The large jury award in the case upset many people. Those people tend to refer to the McDonald’s case as an example of a frivolous lawsuit where the accident victim became rich. However, the purpose of that $2.7 million award was to punish McDonalds. The plaintiff’s attorney in that case showed that McDonalds served their coffee at temperatures higher than other restaurants. They also showed that, in a decade, McDonalds received about 700 complaints of people suffering burns from their coffee. In awarding punitive damages against McDonalds, the jury believed that McDonalds needed to be punished for their policy and deterred from continuing to follow this policy.

Nevada Law On Punitive Damages

In Nevada, the legislature enacted laws that governs when punitive damages can be awarded. Those laws can be found in Chapter 42 of the Nevada Revised Statutes (NRS). Under NRS § 42.005, a jury may award punitive damages against a defendant who “has been guilty of oppression, fraud or malice, express or implied.” NRS § 42.001 defines these terms as follows:

NRS § 42.001. Definitions; exceptions. As used in this chapter, unless the context otherwise requires and except as otherwise provided in subsection 5 of NRS 42.005:

“Conscious disregard” means the knowledge of the probable harmful consequences of a wrongful act and a willful and deliberate failure to act to avoid those consequences.
“Fraud” means an intentional misrepresentation, deception or concealment of a material fact known to the person with the intent to deprive another person of his or her rights or property or to otherwise injure another person.
“Malice, express or implied” means conduct which is intended to injure a person or despicable conduct which is engaged in with a conscious disregard of the rights or safety of others.
“Oppression” means despicable conduct that subjects a person to cruel and unjust hardship with conscious disregard of the rights of the person.

The Nevada legislature also limited how much punitive damages can be awarded in most cases. Subsection (1) of NRS § 42.005 limits the amount of punitive damage awards as follows:

Except as otherwise provided in NRS § 42.007, in an action for the breach of an obligation not arising from contract, where it is proven by clear and convincing evidence that the defendant has been guilty of oppression, fraud or malice, express or implied, the plaintiff, in addition to the compensatory damages, may recover damages for the sake of example and by way of punishing the defendant. Except as otherwise provided in this section or by specific statute, an award of exemplary or punitive damages made pursuant to this section may not exceed:

(a) Three times the amount of compensatory damages awarded to the plaintiff if the amount of compensatory damages is $100,000 or more; or

(b) Three hundred thousand dollars if the amount of compensatory damages awarded to the plaintiff is less than $100,000.

The above limitation on punitive damages do not apply to product defect or product liability cases and to insurance bad faith cases, amongst others. See NRS § 42.005(2).

Examples of Punitive Damage Awards in Nevada

In a recent Las Vegas medical malpractice case, a jury assessed $8 million in punitive damages against a local hand surgeon. The jury found that the hand surgeon had committed fraud. The plaintiff, a U.S. Air Force pilot, claimed that the surgeon performed a procedure that was not the standard of care. In fact, the plaintiff presented expert testimony that no other hand surgeon ever performed or would have performed the same procedure. The plaintiff also argued that the surgeon performed the procedure in order to guarantee that the plaintiff will require future procedures, for which the surgeon can financially benefit.

In a product liability lawsuit, plaintiffs alleged that a drug manufacturer sold hormone replacement therapy drugs that increased the risk of getting breast cancer and failed to adequately warn its customers. The jury found that the defendant guilty of malice or fraud, and a separate trial was held on the question of how much the punitive damage award should be. Following that separate trial, the jury awarded a total of $99 million in punitive damages against the defendant. See Wyeth v. Rowatt, 126 Nev. 446, 244 P.3d 765 (Nev. 2010).

If you or a loved one have been injured and want to know if punitive damages apply to your personal injury case, speak to a Las Vegas personal injury and car accident attorney at D.R. Patti & Associates. Our experienced personal injury attorneys have dealt with punitive damages on many occasions and can answer your questions. Call 702-331-3391 for a free case consultation.

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.

People Article On Second Lawsuit Against Wayne Newton For Monkey Bite

Posted by drpadmin on April 21, 2020

Recently, D.R. Patti & Associates filed a second lawsuit against Wayne Newton for another alleged attached by Newton’s pet monkey. The victim alleged that she was asked to pose for a photo with the monkey, whose name is Boo. She also alleged she was assured that doing so would be safe. But then, as her lawsuit claims, the monkey attacked and bit her.

In the first lawsuit filed last year, Marc C. Naron, Esq., of D.R. Patti & Associates represented a 15-year old teenager who alleged she was bitten by Newton’s monkey while touring his famed estate, Casa de Shanandoah.

The Associated Press and People Magazine covered the first lawsuit. Below is the text of People Magazine’s article, which can also be found here.

Wayne Newton’s Pet Monkey Allegedly Attacked a 15-Year-Old Girl

The longtime entertainer is being sued by a Las Vegas woman for at least $15,000

By Joelle Goldstein August 09, 2019 10:47 PM

Wayne Newton‘s pet likely won’t be monkeying around any longer.

On Wednesday, the longtime entertainer, 77, was sued by a Las Vegas woman after she claimed that her daughter was attacked by his pet monkey, Boo, during a visit to Newton’s former estate, the Associated Press reports.

The civil negligence complaint, which was filed in Nevada state court and obtained by the outlet, states that Jocelyne Urena is seeking at least $15,000 in damages on behalf of her daughter, Genevieve, after the alleged incident at Casa de Shenandoah in October 2017.

Jocelyne’s attorney, Marc Naron, told the outlet that Genevieve, then 15, was bitten on her right wrist by the monkey “without any provocation” and sought out emergency hospital treatment after the encounter.

Naron also claimed that Boo, a capuchin monkey, was unleashed and uncaged during the attack at Newton’s former estate, which has since become a tourist attraction that features stables for Newton’s horses and several exotic animals.

In the time since the incident, Naron told the AP that Genevieve has undergone follow-up medical treatment, counseling and suffered a scar from the bite.

“Without any provocation, the monkey viciously attacked and bit Ms. Urena, causing injury to her body as well as emotional distress,” the lawsuit alleges, according to Las Vegas Review-Journal.

Naron did not immediately respond to PEOPLE’s request for comment.

In a statement to PEOPLE, however, Wayne and Kathleen Newton denied any knowledge of the situation.

The couple also said that they had severed ties with the company running their former home three months before the alleged attack due to Newton’s health crisis from a spider bite.

“With regard to this lawsuit, we have not seen the complaint, but our company ceased running Casa de Shenandoah July 1, 2017, due to Wayne’s almost dying from a spider bite,” they said.

“So we are not a party and have no idea what happened in Oct 2017,” the couple added.

Newton and his family lived at Casa de Shenandoah in Paradise, Nevada for over 40 years, according to the AP. In 2010, the singer, known as “Mr. Las Vegas,” sold it to investors who later converted it into a tourist attraction and museum.

CSD LLC., the company who took over Newton’s estate, are also reportedly named in the lawsuit, according to the AP.

Since April 23, 2018, Casa de Shenandoah has been closed due to property “maintenance and upgrades.” No reopening date has been announced.

Newton and his family, meanwhile, have lived at another home since 2013, the AP reports.

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 to find out what your rights are.

Article On Second Lawsuit Against Wayne Newton For Monkey Bite

Posted by drpadmin on April 20, 2020

Below is the text of the article from Wonderwall.

MONKEY BUSINESS

WAYNE NEWTON SUED FOR SECOND TIME OVER ALLEGED PET MONKEY ATTACK

By Mark Gray Wonderwall 11:12am PDT, Apr 13, 2020

Wayne Newton is being sued by a woman who claims his pet monkey attacked her while she toured his former home. It’s the second time in six months the singer has been sued because of his pet monkey.

In the lawsuit obtained by the Las Vegas Review-Journal, Krystal Warner says she visited the Casa de Shenandoah, where Wayne and his wife lived for decades, in April 2018. While touring the home, she was asked if she wanted to get a picture with Boo the monkey. During the picture taking process, she says she was bitten and “viciously attacked.”

In addition to Mr. Las Vegas, as Wayne is commonly known, a handler is also named in the lawsuit.

The court documents claim everyone “had a duty to exercise due care and keep the dangerous monkey restrained and confined. … Defendants knew, or should have known, that the monkey had a propensity for viciousness and/or a propensity to bite and/or attack.”

In August 2019, a different woman filed a lawsuit on behalf of her daughter, alleging she was also attacked by Boo.

Wayne denied those allegations in court. The “Danke Schoen” crooner’s lawyer was suspicious of the new lawsuit, saying, “The length of time that has passed between the alleged incident and the filing of the lawsuit cast doubt as to the merit of the claim.”

Wayne and his wife, Kathleen, lived at the Casa de Shenandoah for multiple decades but moved out following a bankruptcy sale in 2013. Two years later, it was reopened as a museum that featured Wayne’s car collection and an array of exotic animals, including Boo.

The estate, which has been featured in many movies and television shows such as “Vegas Vacation” and “The Bachelorette,” was shut down as a public attraction in 2018.

Earlier this year, Wayne fought with the owners of Casa de Shenandoah to remove items from the estate.