In 2009, 243 people died on Nevada roads according to the state traffic safety director–81 fewer deaths than in 2008. Nevada State authorities attribute the lower accident related deaths to better law enforcement and more laws to enforce. While certainly this may be the only thing that can be actually analyzed in a quantifiable measure, the drop and continued drop of deaths likely has many other factors besides new laws. Nevada deaths peaked with 431 total deaths in 2006—up from 381 deaths in 2002—a sea saw of statistics. The State’s rationale can’t be correct. In all likelihood, we had more traffic laws legislated from 2002 to 2006 yet we had an increase of deaths; so how does one truly explain the numbers? You can’t. Here is why.
The other factors that must be considered are: population increases/decreases, population of drivers increasing, types of cars driven from 2002 to 2009 (SUV’s, airbag equipped vehicles, etc.), the economy (causing less total drivers on the road), the number of new freeways e.g. I-215 (adding to less traffic collisions as a percentage of total cars-less risks as no center dividers and cross traffic issues), etc. Nevada still has not implemented laws prohibiting people from texting while driving, nor have they implemented laws to stop cell phone use while driving —yet we have an increase of both of those activities, yet a drop in deaths; in addition, our speeding has increased. Most speed limits are now 65 mph with highway speeds allowing for 75 mph in certain rural areas. In California, the death rate dropped when they increased the speed limits in 1998 when compared to 2002 when they calculated an increase from 55 to 65 mph with more drivers on the road—confused? You should be. What is really saving lives? More laws? Not likely. Who really knows except to think car safety has improved dramatically—and a little luck. Perhaps we are just luckier this year. If next year traffic deaths increase what will we say caused it?
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Q: “My 23 yr old daughter was punched in the nose at House of Blues during a concert. Her nose was broken and I would like some legal counsel on how to possibly proceed from here. She was not drinking.”
A: It’s tough to advise given we don’t know who the defendant(s) were? Typically, it is very hard to find liability against a business simply because it happened on their property. Lack of security or negligent security cases are hard to prove given the criminal act involved by a 3rd party, here the assault and battery.
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Thank you for reviewing the case. As far as proving liability, on the report itself the lifeguards and security on duty had written down that it was glass that had caused the injury. It was unclear what caused the cut but the doctors at the hospital treated me for the worst case scenario. does that help my case at all?
If it was glass, it means it was not supposed to be there and naturally that makes the case better. The problem still remains in proving the hotel had notice of the glass in the pool. If enough time went by you could argue the hotel had constructive notice, but this is hard to prove–any customer could have broke some glass or eye glasses without anyone knowing. Moreover, we don’t know if it was glass–just speculation. Try calling the risk mgt dept and see if they would be willing to sport you a free visit next time.
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Q: Contracted food poisoning while on business trip to Las Vegas. Was staying at The Palms Hotel, and hosting an event there. Was there with quite a few colleagues and two of us ate the same room service lunch, and several hours later were both violently ill – right before a very important business event. EMS was called and a report was filed. What steps do we need to take next. EMS said that our systems were indeed food poisoning. I also missed all my business meetings at the conference I flew out to Las Vegas for. What should next steps be? This happened this week.
A: Dear potential Client:
Food poisoning cases are very hard to prove unless evidence is collected. Typically, the food that is poisonous is obviously not around as it was consumed. Therefore, it is necessary that lab tests are obtained to show that it was indeed food poisoning. Most often, the stools must be tested, or some other blood test to show the foreign bacteria/virus/or parasite was present. It certainly helps that both of you were in fact suffering the same type of illness after consuming the same room service type of lunch. Did you in fact have the same food, or did you order the same entree?
The next consideration is whether your damages are worthwhile in pursuing. A mere case of a few hours of sickness may not be worthwhile pursuing (albeit it is most often very painful) due to the expense of the case. We normally only represent victims who have suffered hospitalization, or very severe cases of food poisoning as the expense of the case can offset the actual damages. I would not rely on an EMT diagnosis, even though you may have had classic symptoms of poisoning.
E. coli and salmonella (amongst hundreds of pathogens that could cause illness) are very common and dangerous. It is important to figure out what strain of pathogen and then relate it to the food, if possible, and put together a case. Food borne illness is an ever-present threat that can be prevented with proper care and handling of food products, and the casino industry has its fair share of liability due to this and other preventable actions.
There are million cases of food borne diarrhea disease occur each year in the United States, costing billions in medical care and lost productivity so you are not alone!
Truly yours,
Joe
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Q: I am contacting you on behalf of my boyfriend. One year ago he was hit by an uninsured driver while on his motorized scooter. He suffered a broken collar bone along with leg injuries. It was in some time since the accident on 5-18-2008. He was out of work for 3 months and has about $20,000 dollars in medical bills. If you can prove me with any information on this case that would extremely help.
Thank you, Client A
A: Dear Client A:
Thank you for your inquiry. It truly is a nightmare and unfair situation when you have been a victim and then their is no compensation for your injuries, and you are stuck with medical expenses through no fault of your own. The unfortunate reality is that you likely have no plausible place to turn given that most uninsured drivers do not have assets to protect; therefore any lawsuit would likely be futile. If the individual was drunk or was cited in the accident involving the scooter, I suggest contacting the Clark County Victims of Crime Division where they can possibly reimburse some of your medical expenses.
Truly yours,
Joseph L. Benson II, Esq.
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Q: I am a 47 year old woman. After a blood test, my general MD informed me I had borderline hypothyroidism, but he felt I did not need any medicine. However, he sent my records to my OB/GYN do to a perimenopausal hormone indication. My OB/GYN told me that I did need thyroid medicine, and prescribed 60mg of Armour Thyroid. On my third day of taking the prescribed drug, I was rushed to St. Rose (on Eastern) with heart attack-like symptoms.
I was admitted, and after two days of extensive testing, I was told there was nothing wrong with my heart, but my thyroid levels were extremely elevated. Upon my release, I went back to my general MD who said I was experiencing a Thyroid Storm do to the wrong dosage of prescribed thyroid medicine (Forest Labs – the maker of Armour has a 15mg and a 30mg). I lost a week of work, had an angio procedure done in my right leg artery and continued with symptoms (loss of breath, dizziness, etc) for a month – until blood test confirmed my thyroid level was returning to normal. My insurance has paid the vast majority of the medical bills, although I have been stuck with the deductibles. My question is – do I have a case against my OB/GYN?
She has claimed she is not responsible for how my body reacted to the drug she prescribed, even though there were lesser dosages available. Thank you. Also – I am not on any other prescribed medication, so there was no chance
of a reaction to another drug.
A: It sounds like someone may be liable, however, not sure whether your damages are large enough to justify pursuing a case as the costs of suit may exceed your eventual recovery. You need to seek the advice of an endocrinologist who specializes in thyroids and get that doctor’s advice on the amount of medicine you were prescribed. I would not trust a “general doctor” or OB GYN on a thyroid issue. Seek advice from a specialist and contact us if you have any long term effects of the treatment.
Very truly yours,
Joe
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Q: My wife, my brother and I were taking the escalator inside one of the casinos on the strip. I was exiting at the top of the escalator I noticed that my foot was being pulled into the escalator I did not see a marked safety shut off switch so at this point I began to panic as my foot was being pulled into the panel beneath the skimmer plate at the top of the casino’s escalator. In order to free myself I had to twist my leg where i could reach down to unfasten my tiva sandal in the process of doing this I tore my meniscus disk which required me to have surgery at an Orthipedic Hospital.
The casino security asked me if I was ok and I told them that I was until about 3 to 5 minutes later I could feel a sharp stabbing pain in my knee. I also saw one of the security guards pick up a broken piece of the escalator and they also took my teve which was torn into shreds so the casino had their EMT take a look and he said my knee was swollen – the next day I went to the urgent care in Arizona were they gave me some painkiller the following week I went to the knee doctor and he said I would have to have surgery on my knee. It has now been one year and seven months I only have a couple of months before my case expires. Another Las Vegas Attorney has had the case for that long and I have only received two letters from them after about a dozen phone calla that I made to them. I don’t feel as if though they have really done anything for me up this point, they said they had an offer of $25,000 and that was last month. My medical bills were around $20,000 I will be going to Las Vegas next month and I was wondering if you might be interested in taking my case over and also if I would have to pay the Other Las Vegas Attorney. Thank you for taking the time to read this!
A: It appears that your case may need to be litigated to get full value out of it. If the escalator company is found to be liable, your claim is certainly worth more. The Other Las Vegas legal firm will be able to put a lien on it for whatever his hourly rate is or 1/3 of $25K. How exactly did the escalator eat your shoe? Did you have a loose strap? In any event, we are always interested in sitting down with you. By the way, did you actually have an attorney working on your case?
Joe
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Subject: slip and fall
Q: I slipped and fell on a large amount of liquid and hit my head on the tile at Harrah’s casino. I briefly blacked out and the hotel security had called EMTs and I was taken to ER. I was discharged apx 5 hours later told I have a concussion. I was told by both security officers that there would be no cost to me for the medical treatment before EMTs were called. I would like to know my rights and make sure my medical bills are paid. I live in Phoenix, Arizona.
- Potential Client
A: Sir: Much depends on the facts of the slip and fall; specifically, how, what, when and where did the liquid occur? Given it was a large amount of liquid it sounds like it may have been there awhile? You have two years to pursue the case, but the sooner the better for evidentiary reasons. Obviously, a head injury can be very serious due to brain swelling, and I’m sure they did a precautionary catscan at the hospital, but follow up is a great idea. Comparative negligence issues with you include whether you were intoxicated, the shoes you were wearing, etc. Call us at 702-382-9797 or respond via email with your phone number so I can contact you.
truly yours,
Joseph L. Benson II, Esq.
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Q: Hi, my daughter passed away on 1/9/09. She had been ill, and so I took her to the Doctor on 12/10/09. I told him she was having nose bleeds, and he looked and asked if she was doing cocaine. No was the answer to that. He never did blood work and sent her home. She had panic disorder and had just lost her job so I guess everything was put off to that. He told her she was healthy and just needed to take care of the panic disorder. One month later she was found dead in her home of a massive gastrointestial hemorraghe. He will not release her medical records without a letter from a lawyer. I am her mother and she left two small boys. What to do? Can you give me a free consultation, or do you think I have no case? Thanks, and please respond.
A: I am sorry to hear of your loss. I am happy to sit down with you and discuss your case. We can help you get the medical records and review the merits of the case. Based on the lack of care, and especially the failure to do any blood work, I suspect a basis for the case; we will however, need to get a medical expert to review the case which we can provide.
Talk to you soon,
Joe
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