J. Cogburn Law FAQ’s

Nevada law dictates that victims of personal injury from the negligence of another person or corporation are entitled to monetary compensation. Each case is unique and the amount of compensation depends on the extent of the injury to the victim and the level of negligence by the defendant. Circumstances that cause injury may include, but not be limited to, car accidents, slip and falls, medical malpractice, workplace injuries, and defective product injuries. Automobile accidents are perhaps the most common type of case where victims seek advice and guidance from a Las Vegas personal injury lawyer.

How insurance companies assess the value of injury claims

Damage amounts may be based on a negotiated agreement between the parties. Parties to a personal injury case include the injured party or victim, the person or company responsible for the injury, and their insurance companies. Typically, when a person or company is liable for an accident, their insurance company must pay the injured party for medical expenses, lost income, emotional damages, damaged property, and long-term effects of the injury. Long-term effects include permanent physical disability or disfigurement, inability to enjoy hobbies or care for children, sexual dysfunction, and lingering mental problems like depression.

Insurance companies have a formula for determining compensation. It is simply a matter of adding together the money a victim has spent and the money they have lost. Insurance companies refer to medical expenses as “medical special damages” or “specials.” The insurance company calls pain, suffering and any other loss that does not have a clear monetary value “general” damages. In cases with minor injuries, the adjuster will initially multiply special damage amounts by about 1.5 or 2. For injuries that are clearly more painful, serious, and long-lasting, the adjuster will start with a multiplier of about 5. In some instances, the multiplier used may be as high as 10. The adjuster then adds the total for any lost income to the amount. This does not mean that is what the case is worth. That is just where negotiations begin.

Types of damages

The actual award can be affected by a plaintiff’s behavior or lack of action. Anyone injured due to the fault or negligence of another should speak with a Las Vegas injury lawyer as soon as possible and before entering negotiations with an insurance company. Some injuries are more obvious than others. There are two primary types of damages that are common to personal injury cases.

Compensatory damages

In personal injury cases, “compensatory” awards are intended to make the injured party whole again from a financial perspective. Compensatory damages are a specific dollar amount that the plaintiff is out due to the accident, event, or injury. This type of award is sometimes a subject of disagreement among parties. Parts are clear, but others like pain and suffering, emotional distress, and other lingering effects are difficult to quantify. The following is a list of common compensatory damages:

• Medical bills– These include reimbursement for past treatment and compensation for the estimated costs of treatments, therapies, and medications that will be needed in the future.
• Lost income– This also includes compensation for the actual amount of income lost due to the injury and future income based on the victim’s “loss of earning capacity.” This is another area that can be difficult to put a number on.
• Emotional distress– This is not the same as pain and suffering, but damages of emotional distress may increase the award. Emotional distress covers the psychological impact of the injury.
• Loss of consortium– This refers to how an injury has affected the relationship the victim has with their spouse. This may include, but is not limited to, sexual intercourse. Some states also consider the relationship between a parent and child. Consortium damages may be paid to the family member rather than the injured party.
• Property loss– This is fairly straightforward and can include loss or damage. Plaintiffs are typically awarded the cost of repairs or compensation that is equal to a fair market value of the property that was destroyed.
• Loss of enjoyment– When a victim is no longer able to participate in recreational activities due to an injury, they may be entitled to loss of enjoyment damages.

Punitive damages

The purpose of punitive damages is not to compensate the victim but to punish the party responsible for the injury. Punitive damages are common in especially egregious or intentional infliction of pain and suffering. This type of award uses the “hit the defendant where it hurts the most” (in the pocketbook) approach. It is to prevent similar injuries in the future. Some states have set caps on punitive damages that can be awarded in personal injury cases. A lawyer can advise victims on the possible punitive value of their case.

How Much Is An Accident Worth In Nevada?

Car insurance companies are generally immune from liability unless they do something wrong, like deny coverage for a legitimate claim. The denial could be either a mistake, which might give rise to a breach of contract claim, or intentional, which could result in bad faith insurance.

Depending on the nature of the insurance company’s actions, this could expose the insurance company to significant liability.

Insurance, Generally

Insurance is a form of collective burden sharing to reduce the costs of unforeseen events. Insurance can be purchased for many different “unforeseen events” from car accidents to kidnappings. The insurance company evaluates a particular policyholders risk and assigns them a premium based upon that amount. The more likely a policyholder will experience the “unforeseen event” the higher their premium.

For events that are relatively common, like car accidents, insurance companies would quickly go out of business if only people who thought they would get into an accident purchased coverage. Additionally, uninsured drivers would have little to no incentive to remain at the site of an accident knowing that, regardless of fault, they are likely going to have to absorb repair costs to their vehicle.

To address these problems all states, including Nevada, now require drivers to purchase auto insurance coverage. In Nevada, the minimum coverage is $15,000 for bodily injury/death of one person, $30,000 for bodily injury of two or more persons in any one accident and $10,000 for injury/destruction of property. Colloquially this is known as “15/30/10” coverage.

Mistakenly deny coverage

In a typical car accident, the affected drivers file claims with their insurance companies, the companies investigate the accident, pay out money to cover the damages and increase the policyholder’s premiums. But insurance companies are run by people and people make mistakes. Occasionally, the investigator may mistakenly determine that the accident falls outside of the policy limits.

If this occurs, then the insurance company commits a breach of contract. In a breach of contract claim, the plaintiff can recover damages that would put him or her in the same place they would have been had the breach never occurred. In this example, that means full coverage for the accident as outlined by the policy and any additional costs incurred in dealing with the breach.

Bad Faith

But what happens if an insurance company intentionally denies coverage? This is known as bad faith insurance and the plaintiff has the potential to recover far more damages.

To prevail, the plaintiff must show that the insurance company knew that the coverage claim was valid and denied coverage anyway. If a plaintiff is successful in proving this argument, then the insurance company may be subject to punitive damages.

Punitive damages are designed to punish the defendant for their intentionally wrong behavior, to discourage future action. In Nevada, the Supreme Court capped the amount of punitive damages that can be received at 10 times the actual damages sought in the lawsuit. So a $200,000 claim could result in an additional $2 million in punitive damages.

However, the Nevada civil litigation system generally disfavors giving plaintiffs disproportionate amounts of money relative to the injuries suffered. Only in the most extreme of circumstances will a court allow a plaintiff to recover the maximum of punitive damages. Typically, the trial judge will reduce the amount to make it more “fair.”

The Supreme Court recently ruled that drug companies are immune from liability for injuries caused by defective vaccines – if the vaccine is required by law. Some argue that this allows drug companies to let safety standards slip. The industry counters that companies should not be held liable for actions compelled by the government and a liability shield was necessary to reduce litigation costs. Regardless of the various positions, drug companies are immune from certain products liability cases.

Overview: Products Liability

There are three theories under which a plaintiff may recover for injuries caused by a defective product:

• Manufacturing defects
• Warning defects
• Design defects

A manufacturing defect occurs when there is an error during the manufacturing process. For example, if a customer purchases a bottle of codeine that is filled with glass instead of medicine. Something clearly went wrong during the manufacturing process if there is glass in a medicine bottle.

A warning defect occurs when the company fails to advise people against certain activities or uses involving the product. There are two types of warnings – those that advise people of possible risks associated with using the product, like a choking hazard and those that warn people to refrain from an expected use, like standing on a chair. The warning must consider both the dangerous action and the type of person expected to undertake that action. Warnings often come in multiple languages and with pictures to reach as many people as possible.

A design defect results when there is a fundamental flaw in the design of the product. For example, a drug company sells a medication that treats heart disease but causes strokes. The medicine fulfills its purpose, treating heart disease, but it also has a serious flaw, causing strokes. Plaintiffs must also prove that there is an economic and safer alternative design.

Essentially, the Supreme Court has decreed that drug companies are immune from design defect liability in their vaccines but not warning or manufacturing defect liabilities.

Development of Drug Company Liability

In the 1980s, drug companies heavily lobbied Congress to grant them total immunity for injuries caused by vaccines required by the government. The law was eventually passed, as the National Childhood Vaccine Injury Act of 1986 (NCVIA), with a few caveats.

First, the law established the National Vaccine Injury Compensation Program (VICP) as an alternative to litigation. Victims petition the VICP for compensation for injuries associated with vaccines.

Second, pharmaceutical companies are immune unless the victim was denied compensation from VICP or the company could have designed a safer vaccine (i.e. a design defect).

The Case

The Case centered on Section 22(b)(1) of the NCVIA. The plaintiffs argued that Section 22(b)(1) only shielded drug companies from design defects that are unavoidable, as in, no safer alternative. They also argued that shielding drug companies from liability removes an incentive to improve safety in the design process.

The defendant argued that this would lead to a nonsensical conclusion because drug company liability effectively remains unchanged. The defendant further argued Section 22(b)(1) goes on to explore specific situations involving vaccines, which indicate that Congress intended to exclude manufacturing and warning defects from immunity but not design defects.

The Supreme Court ruled the defendant and conclusively established that the NCVIA shields drug companies from all design defect errors. The Supreme Court reasoned that VICP still allows for victim recovery while encouraging companies to invest in vaccine development.

In the state of Nevada, if you have been injured by the actions or inaction of someone else, you may be eligible for compensation. As you consider legal action, there are several questions you may ask.

When can I sue?

In order to sue in state court, your case must meet a series of requirements, including:

• The injury occurred in the state
• The injury was caused by the violation of a specific law or statute laid out in the Nevada Rules For Civil Procedure
• You waited no longer than two years to file the claim

As long as these basic requirements have been met, you are free to pursue compensation in a state court.

Who can I sue?

In general, you can sue anyone who is in some way responsible for your injury. In most cases, that means filing a suit against an individual or a product manufacturer, with special exceptions to expand the scope of the case. If your lawsuit involves any aspect of the state government, you may not sue in civil court; rather, your case must proceed through the Office of the Attorney General.

Injuries that occurred at work are another unique class, and almost all worker’s compensation claims proceed through worker’s compensation hearings.

How do the courts decide liability?

Nevada courts use a system of modified comparative fault to determine who is responsible for an accident. Modified comparative fault divides liability between any number of parties. If you were less than 51% responsible for the accident, you may receive compensation from the other parties based on their level of liability.

This system enables injured people to claim compensation, even when they were partially at fault for an accident. For example, if you sped through a green light, and another car struck your vehicle, the court may decide that your speeding was 20% of the reason for the accident, but the other driver’s negligence accounted for the other 80%.

How do the courts’ award compensation?

Using the modified comparative fault rules, the court decides compensation based on the percentage of fault. In the previous example, the court may rule that your injury is worth $10,000. Because you were 20% at fault, the other driver pays 80% of the $10,000.

The total award is based on two factors:

• Economic damages—Economic damages are easily quantifiable damages, such as lost wages, medical bills, and property damage from an accident or injury.
• Non-economic damages—Non-economic damages are awards for pain and suffering, loss of enjoyment, and other damages that do not have a distinct dollar value.

Economic damages typically follow a set schedule of payment established by the state, while non-economic awards are determined solely at the discretion of the courts.

How much will my case cost?

At the J. Cogburn Law Office, we know that the pain and suffering caused by a personal injury make it difficult to work. Adding the financial burden of hiring an attorney to represent you is unfair. For that reason, we work on a contingency basis for all of our personal injury claims. We do not collect any payment from you unless we are able to win compensation.

If you have been injured by the fault of someone else, you have the right to seek compensation. Our team at the J. Cogburn Law Office has years of trial experience and a commitment to pursuing fair compensation for all of our clients. Contact us today for a free consultation.

There are many reasons that a person may experience a slip and fall incident, and in some cases, it is not the fault of the person who has been injured. Though filing suit against a business or individual because of a slip and fall is possible, certain conditions must exist to have a viable case.

How Often do People Fall?

Over 1 million emergency room visits each year can be attributed to injuries from falls. Around 5% of those who fall experience fractures. Falls are also a leading cause of lost work, which further compounds any economic consequences that one experiences.

There are many reasons that a person might fall. Food or liquid on a floor, problems with the flooring itself, such as a missing tile or torn carpet or hard-to-see obstructions can all lead to serious falls.

Suing for a Slip and Fall

Slip and fall cases can often be difficult to prove. In order for an owner to be found liable in Nevada, they must have had notice of the hazardous condition before the fall occurs. It is important for someone who trips or falls to report the incident as soon as possible. This report can be crucial to determining if an owner had prior knowledge of a dangerous condition. Seeking prompt medical attention is also necessary, for a person’s well-being and to determine the severity of the injury.

Those who have been injured in a fall on someone else’s property may also take their own pictures of the scene and the surrounding area, as it may change after the fact. Any such evidence should be shared with an attorney. It can also be helpful to document injuries caused by a fall with photos.

Filing a Case, After a Fall

Whether a case is successful will depend on whether it can be proved that a defendant did not take reasonable steps to keep the property safe. In Nevada, there is a statute of limitations for filing slip and fall cases. If filed too late, a case may be dismissed. Not all slip and fall cases will result in the filing of a lawsuit, but for those who have suffered serious injuries, financial compensation may be available.

Bicyclists are held accountable when they hit or injure someone and when they violate the law. They can be ticketed for traffic violations. Victims of bicycle accidents are entitled to the same compensation as a victim of any other personal injury. The victim’s ability to recover damages is determined by the level of harm that was suffered. The more serious the injury, the more compensation the victim may recover through settlement or trial with a Las Vegas bike accident attorney.

Bicycles in Society

Bicycles are specifically excluded under Nevada law from being considered a “vehicle.” Vehicles exclude mode of transportation that is propelled by human power. However, when utilizing roadways, including bike lanes, bicyclists are bound by the same traffic laws as motor-driven vehicles.

This means bicyclists must avoid pedestrian crosswalks. They cannot repeatedly cross between sidewalks and roadways as a mode of travel. They must signal and cannot run through red lights (except in one narrow circumstance and even then, they must yield to traffic and pedestrian).

There are no state laws that prohibit bicyclists from riding on the sidewalk; however, there may be local ordinances that limit or prohibit the behavior.

General Negligence

Negligence is the standard legal theory under which anyone who suffers a personal injury may recover compensation. Negligence requires the plaintiff to prove three factors.

1. Establish that the defendant owed the plaintiff a duty to act reasonably under the circumstances.
2. Prove that the defendant violated that duty.
3. That violation caused the plaintiff to suffer an injury.

Concerning bicycle accidents, whenever a bicyclist fails to observe reasonably accepted behavior for a person under similar circumstances, that bicyclist is liable for the injuries he or she causes. For example, bicyclists must yield to pedestrians when riding on the sidewalk. If the bicyclist fails to yield and crashes into a pedestrian, that bicyclist is liable for the injuries suffered by the plaintiff to the same extent as a car hitting a pedestrian.

Negligence per se

Negligence per se is a subset theory of general negligence except, while general negligence applies overarching duties, negligence per se holds defendants accountable when they cause an injury while violating the law. Negligence per se also requires that the law violated must have been passed to:

1. Prevent the type of injury incurred; and
2. Prohibit the action that caused the injury.

For example, Nevada law required that bicyclists wear a combination of lights and reflectors when riding at night. If a bicyclist fails to observe this rule and strikes a pedestrian, even though the bicyclist violated the law, it is unlikely a court will determine that the bicyclist’s actions were negligent per se. That particular law was likely enacted for the bicyclists’ safety, to make them easier to be seen by motor vehicle drivers. It was not contemplated to alert pedestrians to bicyclists.

Conversely, as stated above, bicyclists are bound by the same traffic rules as vehicles. Therefore, if a bicyclist runs a red light and strikes a pedestrian crossing the street in a crosswalk, a court may find that the bicyclist was negligent per se because that traffic law was enacted to protect pedestrians while crossing the street.

If you’ve been injured in a motorcycle accident, you may be entitled to compensation under Nevada law. Motorcycle injuries are considered personal injury cases. There are some specific state laws in Nevada that govern personal injury lawsuits, along with settlements by insurance companies.

What Damages are Covered in a Motorcycle Injury Lawsuit?

Motorcycle accidents can lead to serious, life-altering injuries. They can also have severe economic consequences for you and your family. If someone else is responsible for these injuries, you could be compensated for several costs:

• Medical Bills– There is not a standard settlement amount for medical bills. Recovery of medical costs varies, based on several factors, one reason why consultation with a personal injury attorney is important.
• Lost Wages– If work is missed because of medical treatment, you may be eligible for compensation for this loss.
• Pain and Suffering- In Nevada, this is considered to be a non-economic damage. Damages may be received if you have needlessly suffered as the result of an accident.

Shared Fault in a Motorcycle Accident

According to Nevada law, more than one party can be found at fault in a motorcycle accident, or another personal injury case. If an injured person is found to share the fault for an accident, the amount that they will receive may be reduced. For example, if a person is found to be 20% responsible for a motorcycle accident, and the other party found 80% responsible, and damages were $15,000, they would not receive more than $12,000.

Motorcycle Accident Lawsuits

Motorcycle accident lawsuits can be complicated legal proceedings. Anytime one vehicle strikes another, determining the precise cause and providing proof that someone’s actions are indeed the reason that an accident occurred often requires thorough investigation and a clear understanding of Nevada traffic laws.

A case may go to court and be heard by a jury, or a settlement may be reached, with the assistance of a Las Vegas motorcycle accident attorney, with an insurance company. Which option is most appropriate depends on the individual circumstances of your case. Insurance companies have a vested interest in minimizing the amount of damages that an injured person receives. You will be required to prove that the defendant has caused your injury, in order to receive compensation. This may require medical tests or testimony from witnesses.

A pedestrian can sue for a crosswalk accident and injuries in Nevada if the motorist is at fault for the accident. Nevada has right of way laws that apply to motorists and pedestrians, and both must follow applicable laws to avoid fault for the accident.

Nevada Pedestrian Accidents

Despite numerous efforts to improve pedestrian safety in Nevada, pedestrian accidents are very common. Nevada consistently ranks among the top ten states for pedestrian fatalities. According to official Nevada records, 69 pedestrians died on Nevada roadways last year, and 784 pedestrians were seriously injured between 2009 and 2012. That means every other day a pedestrian is seriously injured or killed in the state of Nevada.

Las Vegas is considered one of the country’s deadliest cities for pedestrian accidents and injuries. As a major tourist destination with millions of visitors each year, Las Vegas is a city where walking is a primary way of getting around. The sheer numbers of pedestrians on Las Vegas streets every day means a higher risk for pedestrian accidents and injuries. However, statistics from the National Highway Traffic Safety Administration show that 90 percent of Nevada pedestrian accidents involve local residents, rather than tourists or visitors. In Las Vegas, 11 pedestrians died in 2013.

Motorist Responsibilities

According to Nevada safety laws, a motorist must follow the right of way laws that protect the safety of pedestrians who are crossing the street. In Nevada, the law says that a crosswalk exists at any intersection, whether the crosswalk is marked or not.

• Drivers must yield to all pedestrians in crosswalks, whether crosswalks are visibly marked or unmarked
• Drivers must slow down or stop before passing another vehicle stopped near a crosswalk to determine if the car stopped for a pedestrian crossing the street
• Drivers must stop at school crossings
• Drivers must yield to a blind person using a white cane or a service animal

Pedestrian Responsibilities

According to Nevada laws, pedestrians must also follow safety precautions to prevent pedestrian accidents and personal injuries:

• Pedestrians must obey official traffic control devices when crossing the street
• Pedestrians must use the nearest crosswalk, sidewalk, pedestrian bridge or tunnel
• Pedestrians must walk facing traffic, on the left side of the street, when a sidewalk is not available
• Pedestrians are not allowed to cross an intersection diagonally unless signage permits
• Pedestrians must not walk into oncoming lanes of traffic, making it impossible for a car to stop without causing an accident

Nevada Statute of Limitations

The statute of limitations for filing a personal injury lawsuit in Nevada is two years. Nevada Revised Statutes section 11.190 states that “any action to recover damages for injuries or death caused by negligence or the wrongful act of another person” must be filed within two years of the date of the accident. This includes anyone injured as the result of an accident – drivers, passengers, pedestrians, motorcycle riders, and bicycle riders.

If a fatality occurs in an accident, the same statute of limitations applies to Nevada wrongful death lawsuits, with one exception. In wrongful death cases, the two-year clock starts ticking on the day of the accident victim’s death, rather than the date of the accident itself.

Immediately! You should report all accidents to your insurance company, broker or agent as soon as possible so that they are not in a position to deny any legitimate claim that you might have.

No, these claims are separate and distinct. In fact, the property damage claim is usually settled long before the personal injury claim.

Immediately after seeking medical treatment, you or a family member should contact an attorney with experience in injury, wrongful death or workers’ compensation. The laws regarding accidents in Nevada are complex and can be confusing.

You will have to pay for any costs that are higher than the amount for which you were insured. Your policy will have stated this at the outset, so you should be aware of these charges. You can avoid excess by claiming from the other car’s insurance, or by taking the car to a recommended garage for repairs. Medical bills, again, will have to be covered by you, or by the other party’s insurance company.

Not until you have talked with a lawyer with experience in injury cases. Any recorded statement you give to the insurance company can be used against you at a later hearing or trial of your case. Questions can be confusing or misleading. Therefore, we urge you to consult an attorney prior to giving such a statement. Our attorneys at J. Cogburn Law will be present to explain your rights and to protect your interests during the statement.