Las Vegas Injury & Accident Attorney Blog

On New Year’s Eve, a 21-year old California man fell to his death from the Cosmopolitan Hotel. Found near the property’s tennis courts, police and medical examiners estimate the man fell from approximately 5 stories up. He was pronounced dead at 8:15am on January 1^st. If you or a loved one has been killed or injured due to negligence of a Las Vegas casino, contact Benson and Bingham today.

This is the second falling death from the Cosmopolitan Hotel in less than a year. In March, Sean Campe of New Jersey jumped to his death from a balcony on the hotel’s 14 floor.  While many Las Vegas hotels do not have balconies, the Cosmopolitan does. In addition, last year a man fell from one Planet Hollywood roof to another, and his body was not found for two days. If you have been injured in an Nevada accident and believe the owner of the premises to be negligent, please go to bensonbingham.com today. We offer free consultations.

Benson and Bingham is one of the top law firms in the South Valleys. We pride ourselves on customer service – working closely with our clients to ensure their satisfaction. Please contact us today for a free consultation.

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UC San Francisco recently released a report comparing the quality-of-care in nursing homes across the country. The report compared the ten largest for profit nursing homes with the care in other for profits, non-profits and even government run homes. In general, the report’s findings showed a  better quality of care and higher staffing levels at non-profit and government run facilities. If you believe your loved one has received sub-par care in a Nevada nursing home, contact us today.

In the ten largest nursing homes, the report found that patients had more complaints and incidents of pressure sores, weight loss, falls, infections, mistreatment by staff, unsanitary conditions and more. These higher incident rates stem from lower staffing levels at large, chain operations where patient care is secondary to making a profit. Please contact Benson and Bingham at Bensonbingham.com or 702-382-9797 to discuss the neglect of any Nevadan in a Silver State nursing home.

Benson and Bingham is a full-service law firm that strives to ensure our clients are entirely satisfied by our representation. In 2010, Benson and Bingham secured over $15,000,000 in awards for our clients. Please contact us today to discuss any personal injury case. We can be found online at Bensonbingham.com

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In 2008, 18-year old Hiroyuki Joho, ran across train tracks in an effort to catch another train. Distracted by torrential rains and a large umbrella, Mr. Joho was struck and killed by an oncoming train. At impact, parts of Mr. Joho’s body were thrown, striking Ms. Gayane Zokhrabo approximately 100 yards away. Ms. Zokhrabo suffered a broken wrist, arm and injured shoulder. In Nevada, innocent bystanders can be injured in cases of negligence. Contact Benson and Bingham today for consolation, free of charge.

Injured not only physically but also financially, Ms. Zokhrabo sued the estate of Mr. Joho, looking to recoup medical costs, lost pay and other expenses. While initially struck down, the case was reinstated on appeal – simply put, a person running across train tracks has an expectation that should he or she be hit, their body or belongings may strike and injure another person. If you have suffered a wrongful injury in Nevada, contact us today.

Benson and Bingham (www.bensonbingham.com) Attorneys at Law are one of Las Vegas’ leading law firms. While representing you, Benson and Bingham will do all we can to ensure you are extremely satisfied with your representation. In 2010, we settled over $15,000,000 in cases for our Nevada clients.

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Honda Motors recently announced a recall of an additional approximately 275,000 vehicles, adding to the over 600,000 previously announced for a faulty airbag issue with older model Accord, Civic, Odyssey, Pilot and Acura models. The parts being recalled were installed in 2001 – 2003 vehicles repaired by the Japanese Auto manufacturer. Contact us if you have been injured by a Honda airbag in Nevada.

When driving an automobile equipped with a driver’s-side airbag, it is important to wear a seatbelt and operate the vehicle a safe distance from the steering wheel. In an accident, an airbag can explode with a force that can break a nose, glasses or cause other serious injury. If you have been injured in a Clark County auto accident and would like representation contact Benson and Bingham today.

Benson and Bingham is one of Nevada’s leading product liability attorneys. We focus on ensuring our customers get top-tier service and satisfaction. If you or someone you know has been involved in an Las Vegas auto injury accident and need assistance with workman’s compensation, medical bills or recovering lost wages, contact us today.

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Yesterday, a 65-year old Las Vegas woman, Diana Chambers, was arrested on suspicion of Las Vegas DUI charges after striking a Nevada man, Shannon Newland, and his vehicle as he was filling the car with gasoline. The man is currently at University Medical Center being treated. If you have missed work, lost property or incurred medical costs due to a Nevada traffic accident, contact us today.

The accident, which occurred on Cheyenne Avenue near US95 has put Mr. Newland in critical but stable condition. While he is doing well and expected to recover, the Southern Nevada resident faces a difficult couple of months. He will likely miss significant work and need compensation for his damaged automobile and hospital costs. Ms. Chambers is currently being held in a Clark County jail and it is unknown how much insurance she carries.

Benson and Bingham are one of Southern Nevada’s premiere injury recovery firms. Our Nevada licensed attorneys pride ourselves on customer satisfaction and we work closely with our clients to ensure the best possible outcome for their case. Go to Bensonbingham.com today to start your case.

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Over the past decade Benson & Bingham has been helping personal injury victims with on-the-job and at-home injuries caused by defective products. However, most personal injury victims are unsure if they have a case against a product manufacturer.

In focusing on a product we look at several aspects to determine whether or not that product is defective. First, did the defect exist at the time the product was designed. In other words, does this product have a design defect. Even if the product came off the manufacturing line as it was designed, it is still defective in its original design. Secondly, has a safely designed product become dangerous because the manufacturer did not follow plans or specifications while making the actual product. Third, we look to see if the product has inadequate directions or warnings notifying the user of the potential dangers associated with the product. Any product can be defective ranging from infant or baby car seats, baby toys, lawnmowers, car tires, automobiles, and even industrial machinery.

Often Benson & Bingham will retain engineering experts to determine whether or not you have a products liability case. In some circumstances the manufacturer will be held to a “strict product liability” standard rather than a “negligence” standard. Many victims of a defective product case suffer serious injury or death, including loss of a limb, loss of sight, paralysis, burns, or brain damage. If you believe you have a defective product liability case contact Benson & Bingham at (702)-382-9797 and speak to one of our attorneys to see if you have a “strict products liability case”.

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Two principle fundamentals in a winning a civil case are: 1. Having good facts, and 2. Having someone who can deliver those facts with an eloquent presentation in a logical and simple manner.  When someone claims they “have a great case”, that usually equates to ” I have great facts.”   And great facts are the key to a winning case.  If you have bad facts, then a good lawyer will argue the good law with hopes that the law is stronger than the less than favorable facts.

The perfect lawyer is hard to find, and likely, there is not one out there;  there are lawyers who attempt to be perfect however.  The undefeated lawyer is one who either does not take chances in life, has an ego problem, or is simply just too scared to lose;  quite frankly, I would notwant that undefeated lawyer anyway because he only takes cases with excellent facts which makes his job much easier.  Most often in law, I have found that persons in the greatest need of a good lawyer are those persons with decent or poor facts.  Facts are those things that occur in an incident, or items that can be inferred by logical deduction or human conclusion.

For example, if two cars collide in an intersection and both drivers claim they had a green light; there are no eye-witnesses, and both think the other ran a red light.  If both suffer injury, how does one prove either part was at fault for the vehicle accident?  It’s tough.  Under Nevada law, this scenario would likely end in a 50/50 jury verdict, as neither party could prove who did what.  Of course this analogy draws the inference that everything was equal in the facts:  that both drivers were equally credible, that neither driver had a criminal record involving deceit, the traffic light patterns did not indicate who may have been at fault, that skid marks did not play a role, that neither party was under the influence or intoxicated, that perception reaction time could not be calculated, that the visual perception of each driver was unobstructed, that neither driver was on his cell phone, that each driver was not in a hurry, etc, etc.

The point should be clear that one who is given simple, yet unconvincing facts, must do a proper investigation, be creative in his assumptions, and deliver those points effectively.  Good Facts and Good Lawyering are keys to success in a personal injury matter.

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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 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: 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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