When we often think of a Las Vegas Personal Injury Attorney, we think of frivolous lawsuits that clutter up our American legal system. Nothing could be further from the truth. In fact, Las Vegas personal injury attorneys provide a valuable service to our justice system by working on a contingent fee that is only payable if there is justified recover for the person making the claim. A Personal Injury Attorney will receive nothing in monetary compensation if there is no recovery for their client. Therefore, these attorneys will only take cases that have merit. There is no advantage for a Personal Injury Attorney to take “frivolous lawsuits” since there is a high likelihood that there will be no financial recovery that will equate to an attorney fee.

In 1979, the law firm, Jacoby & Meyers decided it was not unethical to advertise on television in order to obtain their clients. Prior to this time, no law firm had done any advertising except through the Yellow Pages. The first advertising campaign of Jacoby & Meyers was a big success. Their pioneering achievement led thousands of firms to follow suit by advertising their legal services on television. At first, the American Bar Association or ABA had concerns that such advertising would encourage more frivolous lawsuits, thus tarnishing the image of attorneys. In 1995, the ABA did a comprehensive study that pointed to the fact that advertising brought access to legal services to the poor populations that needed them. This study also concluded that advertising did not tarnish the reputation of Law Firms in the least.

What is a frivolous injury lawsuit?

Frivolous Personal Injury Lawsuits are often misunderstood. This kind of lawsuit as defined by U.S. Federal Rule 11 is one brought before the court when both the plaintiff and their attorney knew it had no legal merit and it did not argue for a reasonable extension or reinterpretation of the law or no underlying justification for filing it.  Frivolous lawsuits waste the time and resources of the legal system while producing unnecessary legal fees. If such a lawsuit is knowingly filed, the court can bring sanctions against the attorney or the party making the personal injury claim.

The risk of getting into a Las Vegas auto accident is a fact of life if we use our roads and highways. Hopefully, we will never be involved in an accident that results in serious injury to ourselves or others. A Las Vegas personal injury lawyer can assist us in getting any medical bills paid and lost wages we may have incurred as a result of an accident. If we should get into a Las Vegas traffic accident that causes us serious injury, we may be put into a position where we are incapacitated to the point of being unable to make important decisions for ourselves. In such a case, we should execute a Power-of-Attorney before we find ourselves in such an unfortunate predicament. In other words, if we use the roads, either as a driver or passenger, we should execute such a document so that someone else can legally make important decisions on our behalf in the event that we can’t.

A Power-of-Attorney allows us to designate another person or entity to make either financial or healthcare decisions on our behalf. If someone does not have a Power-of- Attorney, problems may arise when important decisions need to be made on our behalf and we’re unable to make them. For example, if there is a need for someone else to make a financial decision on our behalf, they may have to go to court and get a conservatorship of the estate.  Someone might also need to get a conservatorship of the person in order to make our health care decisions in the event that we can’t.  Costly court costs can be avoided if a Power-of -Attorney has been properly executed.

The principle is the person executing the Power-of –Attorney. Only the principle has the discretion to decide what powers will be granted within this legally binding document.

An agent is the person or institution (it can be a bank, for instance) who has been granted the power to act on the principle’s behalf. The agent is also known as the attorney-in-fact. The principle can also designate alternate agents in the Power-of-Attorney if the original agent cannot undertake the responsibilities appointed to them.

A Power-of-Attorney for health care, also known as an Advanced Directive allows the appointed agent to make important health care decisions on behalf of the principle. For example, a principle may give specific directions regarding the continuation or discontinuation of life support. An Advanced Directive can spell out specific treatments and desires of the principle. For example, we might wish to have our organs donated and/or a preference for cremation over burial.

We should always discuss our treatment desires that are specified on our Advanced Directive with our primary physician. If our physician desires not to abide by our wishes, it’s our right to find one that does.

A Power of Attorney allows us, the principle, to grant the agent certain powers to manage our financial affairs. These powers can be durable, which means that powers remain intact even after the principle is deemed incompetent. Conversely, non-durable means that powers become ineffective after the principle is deemed incompetent.

Another type of document is a springing Power-of-Attorney. This only takes effect when the principle becomes incompetent to make decisions. This Power-of-Attorney will become ineffective or unspring after competency is regained. We should always remember to take notice of the type of Power of Attorney we are signing.

Another type of Advanced Directive is a Living Will. A Living Will does not have an appointed agent but only is a document telling our physician if we desire to be resuscitated and/or desire not to be on life support if we should enter into a vegetative state. Our physician will generally side with administering life support unless otherwise stated in the Living Will. This document becomes part of the Medical Record in the medical facility where we are being treated.

Always remember:

ü  The Power-of-Attorney/Advanced Directive can be revoked or amended after it is signed.

ü  While our appointed agent does need a copy of our Advanced Directive/Power of Attorney, they should know where to locate it. Always give a copy of your Power of Attorney for Health Care/Advanced Directive to your physician so they know your wishes in the event you are unable to tell them.

Some sources indicate that approximately 10-12% of Nevada motorists don’t have the required automobile insurance, and many who are insured carry only the minimum limits. You can protect yourself from motorists who don’t carry any insurance, or not enough insurance, by purchasing what is known as UM/UIM coverage on your own automobile insurance policy.  “UM” stands for uninsured motorist coverage while “UIM” means underinsured motorist coverage.

The state of Nevada requires that the owner of a vehicle carry bodily injury (BI) liability limits of $15,000/$30,000.  This coverage is for someone who is injured in an accident that is your fault.  But what if you’re injured in an accident that is caused by another party?  What provides additional protection when you and/or your passengers are hurt?  UM/UIM!

UM/UIM coverage has nothing to do with property damage to your vehicle.  It pertains only to compensating you for injuries to your body and associated medical expenses when the at-fault party has no insurance or not enough.

UM/UIM coverage is represented by two numbers on your auto insurance policy, like the numbers for BI liability coverage: $15,000/$30,000 (15/30); $25,000/$50,000 (25/50); $50,000/$100,000 (50/100); $100,000/$300,000 (100/300); etc.  The first number (i.e. $15,000) is the maximum compensation that could be paid to any one injured party and the second number (i.e. $30,000) is the maximum compensation that could be paid per accident.  So, in this example, if there were multiple injured parties in the same accident (none of them at-fault), the total amount of $30,000 would have to be divided among the parties and none of the parties could receive more than $15,000 individually.

If your injuries, lost earnings, and pain and suffering exceed the at-fault BI liability limits, your UM/UIM coverage will pick up where the adverse party’s BI liability ends.  For instance, if your injury claim is worth $30,000 and the adverse driver has 15/30 BI liability coverage and you have 15/30 UM/UIM coverage, you could obtain $15,000 from the at-fault party and $15,000 from your policy.

In Nevada, if you have UM coverage listed on your policy, you also have UIM coverage.  Also, per Nevada law, if your auto insurance company pays a UM/UIM claim to you, your insurance rates cannot be increased based on that claim.

UM/UIM coverage is not vehicle specific, meaning that it follows the person(s) named on the insurance policy. Therefore, the coverage applies if you’re a passenger in another vehicle, whether a private vehicle, a taxi, or a bus.  UM/UIM also provides protection if you’re a pedestrian and are hit by a car driven by an at-fault party.

In Nevada, an auto insurance company must offer you UM/UIM coverage equal to your BI liability coverage. If you elect not to take the UM/UIM coverage, normally you must sign a rejection form.  If your auto insurance company fails to offer UM/UIM coverage or fails to produce documentation indicating your rejection of the coverage, your carrier may have to provide UM/UIM coverage up to your BI liability limit if you need it for an accident that is not your fault.  You can’t have a higher limit of UM/UIM than your BI liability coverage.  Carrying the same limits for BI and UM/UIM is recommended.

UM/UIM is fault-based coverage only. If another party is not at fault, this coverage does not apply.

In summary, the BI liability coverage on your auto insurance policy protects an innocent party who is injured in an accident that is your fault.  The UM/UIM coverage on your policy protects YOU and your PASSENGERS when you’re not at fault and the other party does not have insurance or not enough insurance to compensate your injuries.

If you’re hurt in an auto accident, contact a Las Vegas personal injury lawyer for advice.

For Americans under 34 of age, traffic accidents are the leading cause of death. For those between the ages of 16 and 20 and those over 70, the odds of being in a Las Vegas traffic accident are much higher. Nationally, there are about 6,500,000 automobile accidents yearly, including 40,000 deaths and 3.5 million injuries.

There are a number of causes leading to Las Vegas traffic accidents. One of the leading causes is driver distraction/inattention. Drivers fail to pay attention to the road and other drivers around them.  This lack of attention can be caused by a engaging in a number of activities while behind the wheel, including changing radio stations, picking up or dropping objects, talking to passengers, a crying baby, dealing with pets, and texting and cell phone use which take our eyes off the road. It only takes a few seconds of inattention to cause an auto accident. For example, a driver who directs his/her attention to the back seat to tend to a crying baby may not see the brake lights of the car ahead, reducing reaction time to take proper action. In this type of situation, the driver should pull over to the side of the road to attend to the issue and then merge back into traffic when the problem is resolved.

Talking on the cell phone and texting puts us into a much higher risk of being involved in a traffic accident. Our attention is on conversation and not on the road where it should be. Some states have legislated against cell phone use and/or texting while driving. But these laws have not proven effective in making our roads safer.

Approximately 40% of all motor vehicle accidents are caused by drunk driving or driving above the blood alcohol content (BAC) of .08. We should be aware that a BAC of less than .08 can cognitively impair one’s reaction time and judgment in operating an automobile. It is not necessary to prove the BAC to hold the at-fault driver accountable for damages (i.e. medical expenses, lost wages, pain and suffering) in a court of law.

Driving aggressively is also a major cause of traffic accidents on our Las Vegas streets. This includes tailgating, speeding, excessive lane changing, not using signals, failing to yield the right of way, cutting off other vehicles, and not obeying traffic laws and posted signage.

Rear-end collisions are a common type of Las Vegas auto accidents.  Rear-end collisions occur when we are fully stopped at a traffic signal or are slowing for traffic ahead and the driver in the car behind us is driving too fast or too close or is not paying attention to the flow of traffic and ends up hitting our car from behind. Slowing down to observe another accident, often referred to as “rubbernecking”, is also a cause of rear-end collisions.

Failing to yield the right of way to traffic is another cause of negligent driving. An all-too frequent example is when a driver turns left into the path of oncoming traffic thinking he/she has enough time to safely make the turn.

A less common cause of traffic accidents in Las Vegas happens when a driver goes the wrong way on a street or highway and risks colliding with head-on traffic. This is more likely to occur when a driver is drunk or high on drugs.

There are instances when both drivers are partially at fault. This is also known by the legal doctrine of “comparative negligence”. This means that a party cannot recover full monetary damages when the accident was partly his/her fault. For example, a driver turns left across oncoming traffic and gets hit by a driver who was exceeding the speed limit. In this case, each party’s compensation will be reduced by the percentage of his/her negligence in causing the accident.

There are times when an accident is caused by the negligence of a public entity such as the State or County usually as a result of road/highway construction projects.  The public entity or its contractor may be liable for these damages.  Public entities commonly have capped liability limits meaning that an injured party may not be able to obtain full compensation for injuries.

If we are injured by a negligent driver, we should contact a Las Vegas personal injury attorney to obtain legal advice and compensation.

The answer is “Yes”!

If you are a member of a social networking website, such as Facebook or MySpace, then you need to be careful that what you post following a car accident doesn’t hurt your Las Vegas personal injury claim.  Insurance companies and their defense attorneys, which sometimes hire private investigators to watch and videotape people claiming personal injuries, have become savvy to social networking.  They may try to view your Facebook account for evidence to use against you and discount your claim of personal injuries.  It is possible that photos and comments posted by you and your friends/family may be seen by people outside your network of friends, despite your privacy settings.

For instance, if you are receiving medical treatment for neck pain, and you post pictures of you and your family riding a roller coaster shortly after your accident, the insurance company could question the severity of your neck injury.  Or, if you’ve made a claim for a low back injury and, while still recovering from your car accident, you help a friend move a house full of furniture, your friend’s pictures of the move posted on his Facebook account could test the credibility of your injury.

Short of not using the internet at all following your auto accident, there are some precautions to take to protect yourself.  Carefully review all photos and posts on your social networking site and remove anything that an insurance company might use to defend against your personal injury claim.  Check and adjust, if necessary, your privacy settings which enable you to block certain people from seeing you on a particular site.  Do a search for your name on Facebook, Google and YouTube, for instance, to see what, if anything, comes up.  (If you find anything that might harm your case, inform your Las Vegas personal injury lawyer.)  Never accept friend requests or respond to emails from people you don’t know.  If you don’t use or need a Facebook page, delete it.

Be cautious of what you are posting on social networking sites and be aware of what others are posting and can view.  Assume that anything you post online can become public.  What you think is private may not be private!

If you have questions about content on your social networking site which could potentially damage your claim, discuss the issue with your Las Vegas personal injury attorney.

Being hurt in a car accident is bad enough.  Don’t let personal information be used against you by an insurance company to decrease the value of your personal injury claim.

Many drivers on our Las Vegas roads are driving under the influence of a technologically advanced device called the cell phone.  The National Safety Council has indicated that nearly 28% of all traffic accidents are directly related to using a cell phone while operating a motor vehicle. It was concluded that most accidents could have been prevented if drivers would refrain from cell phone conversations and texting when behind the wheel.

When we’re behind the wheel, we owe it to ourselves and the drivers sharing the road with us to pay special attention to road signs, surrounding traffic and pedestrians. When our attention is taken off the road, we put ourselves and others in harms way.

Now that we’re a society addicted to our cell phones, there is a growing concern that drivers are putting their concentration on conversation and texting instead of the road in front of them. It has been almost impossible to sell drivers on the need to pull over while using their cell phones. In order to maximize safety on our roads and highways, some states have passed laws that have made it a violation to use a cell phone from behind the wheel of a moving vehicle. Unfortunately, these laws don’t seem to be working. People still seem to be using their cell phone while operating a motor vehicle when all their attention should be focused on the responsibility that comes with having a driver’s license.

In looking at the statistics on this major safety issue, the numbers suggest little variation in the number of traffic accidents caused by cell phone in states that have these new laws compared with those that don’t. For instance, in our Nation’s capital, Washington D.C., there is a law banning utilization of cells phones while driving. However, findings show that Pennsylvania Avenue is no safer than any other street in the rest of the country that have no such laws on their books.

The shortage of statistical information may be attributed to how certain states enforce cell phone laws. In some states, a driver can be cited for cell phone use only after being pulled over for a more severe traffic violation. It is up to the officer’s discretion to cite the driver for a cell phone violation. Therefore, proper citing of the individual driver may be impacted by officer apathy in not enforcing these laws. To remedy this problem, it has been proposed that courts could subpoena phone records to verify use during the operation of a vehicle. However, current privacy law would prevent enforcement.

Irrespective of state laws, cell phones and driving don’t mix. If you feel another driver has involved you in a Las Vegas traffic accident because of negligent cell phone use and/or texting while behind the wheel, it’s now time to involve a personal injury attorney to settle your claim.

Getting the money you deserve for your Las Vegas accident claim can be difficult. Insurance companies have been known to downplay the amount of money needed to recover from car accident damages and personal injuries. They have also been known to refute our account of how the auto accident actually happened. This unfortunate hurdle makes it even more imperative that we seek the professional assistance of a personal injury attorney.

Here are some ways we can substantiate our car accident claim:

1. Take pictures:

In order decrease chances of deniability from the insurance company it is a good idea to get pictures of the crash site. Remember, a picture is worth a thousand words.

You should get pictures of:

• Damages to both vehicles from the inside and outside
• Pictures of road signs
• Weather conditions
• Other driver’s license plate and make of vehicle
• Any road damages, increasing skid marks
• Any personal injuries and/or bruises
• Positions of both vehicles at time of traffic accident

Pictures can also help explain the cause of the accident. For example, you can take a picture of the direction of traffic and speed limit signs to support the reason for the accident. These pictures may seem pointless at first, but when combined with the actual pictures of the auto accident scene, they can tell a meaningful story that will support our personal injury claim.

1. Review the auto accident report:

The police report can contain the most accurate information concerning our car

accident.

This report can contain the following information:

• Names addresses of witnesses
• Information about the other driver like driver’s license number and insurance

company.

• Citations and traffic violations.
• A diagram and description of how the accident actually occurred.
• Which driver was at fault?
• Witnesses you may not be aware of.

Important note:  Thoroughly review the report to see what pertinent evidence it

contains to substantiate your claim.

1. Find witnesses that can help support your claim.

Another person that actually saw your accident can give credence to your claim. This is especially true if you are not related or do not have a special relationship with the witness.

The following is important information you should obtain from the witness:

• Names
• Address and phone/cell phone numbers
• Witness statements of how accident happened

Insurance companies have been known to contact witnesses independently to discuss the accident. You should speak to your witnesses before the insurance company does as to get their first hand account of how the accident actually happened.  Always remember to contact a personal injury lawyer as soon as possible after your accident so they can start getting the compensation you deserve.

Sharing our Las Vegas roads with their increased traffic can also increase our chances of being involved in an auto accident that may be no fault of our own. Resulting injuries can lead to medical bills, missed work, not to mention the pain and suffering caused by the whole ordeal. If we should find ourselves in such a predicament, where can we turn for help?

We first need to realize that a good Las Vegas auto accident lawyer has the expertise and experience to help us recover from these traffic accidents. It is their job to get us the money we deserve to pay for any undue costs and damages.  The quality of the personal injury lawyer we choose is in direct proportion to the amount of money we can receive to remedy the problem. Professional knowledge followed by a commitment to understand our particular situation is what we should be looking for when seeking legal representation for personal injury.

Secondly, how do we find a Las Vegas personal injury attorney that will work for “us” in handling our claims and lawsuits? Depending on the particular state, a personal injury claim can be filed anywhere from six months to several years after the actual occurrence of the traffic accident.

When calling a Las Vegas attorney’s office, we should ask them to send us an information package pertaining to personal injury cases. Feel free to ask them to include any information that would convince us to utilize their legal services. As with any purchase of value, personal research is vital in making the right choices.

After we have done our preliminary research, we should narrow our search to the top three lawyers. Make an appointment with each one for a face to face interview. Asking the right questions can help pinpoint the right personal injury attorney that will best be suited to handle our personal injury traffic accident claim. No matter how experienced a particular attorney may be, it is imperative that we feel comfortable with them in person with a high degree of trust.

After the interview is arranged, it is important to ask the key questions that will help us make our selection. Remember, the best Las Vegas personal injury lawyers are selective in what cases they will handle. A good lawyer should not be offended when we ask them specific questions. They should realize that we are educating ourselves to make the right choices in the midst of a very difficult situation.

Here are some important questions we may want to ask a personal injury lawyer:

• Do you have experience in my type of case?

• Have you won any large verdicts or settlements?

• Do you have malpractice insurance?

• Where can I read about other cases you have handled?

• What is my case worth?