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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A Las Vegas couple that was injured when a teenage girl crashed her half ton pick-up truck helped present their case at a National Transportation Safety Conference in Washington DC.  The couple had driven to Tropicana street to help a friend whose vehicle had broken down and upon exiting their vehicle were struck by the teenager who was both on the phone and adjusting her radio.

Distracted driving in Nevada, whether it be texting, fumbling with the radio, fixing make-up or using a cell phone, is increasing cited as causes of accidents not only in Las Vegas but the rest of the United States.  In fact, distracted driving was sited for 63 fatalities in the State of Nevada over the past five years, a figure that is more then likely far greater due to the difficulty to prove the  distraction.   Furthermore, the National Highway Traffic Safety Administration pens the numbers at a much larger clip.  The Las Vegas Review Journal quotes the agency as:  “According to the National Highway Traffic Safety Administration, distracted-driving related crashes caused nearly 5,500 deaths and 450,000 injuries last year.”

While over 30 states have banned the practices of texting and 8 others driving or talking on cell phones without adequate hands-free attachments, the State of Nevada is not on the list.  The Nevada Senate passed a law that would have banned texting in their last session, however the bill was killed in Assembly.  Another bill that would have banned the use of cell phones or PDA’s by drivers 18 years of age or younger was also not passed.  Nevada legislatures continue to try pass further law outlawing such practices, however a broader support needs to be shown on both the political and local levels in order to get a grip on this epidemic of vehicle accidents in Nevada.

As for couple that were struck by the distracted teenage girl?  Their lives will never be the same after going through brain injury surgery and dozens of other neck, arm, elbow, liver, spleen, pelvis and rib surgeries.  If you or a loved one has been injured do to a Nevada drivers’ distracted driving, contact a legal firm that understands the plights of these practice, contact Benson & Bingham:  702-382-9797.

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Offer of Judgments have many rules that apply to the basic core rule that a party may have to pay attorney fees and costs if they are incorrect in their decision to accept such an offer.  The Nevada Supreme Court has outlined many rules as they apply to Offer of Judgments in Nevada Law.  Here is a summary:

1.)  An Offer of Judgment is irrevocable after it is served for 10 days

2.)  An Offer of Judgment mandates an award of Costs and Discretionary attorney fees if beaten at trial.

3.)  An Offer of Judgment must be made 10 days prior to trial as calculated from the actual trial date. Pursuant to NRCP 6(a), the trial date itself, is excluded from the computation and the day the offer is served is included.

4.) An Award of Attorney’s Fees are Discretionary and Costs are Mandatory.  Under former NRCP 68, attorney’s fees and costs may be allowed as follows:  “If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree shall not recover costs, nor attorneys’ fees, but shall pay the costs and attorneys’ fees, if any be allowed, of the party making the offer from the time of the offer.”

In addition, NRS 17.115(4)(b) provides that

If the party to whom the offer of judgment is made fails to obtain a more favorable judgment, he cannot recover:

(b) Costs or attorney’s fees,

and the court shall order him to pay to the party who made the offer that party’s taxable costs incurred from the date of filing the complaint, and may order ․ reasonable attorney’s fees incurred by the party making the offer from the time of the offer.

PALACE STATION HOTEL CASINO INC v. JONES

PALACE STATION HOTEL & CASINO, INC., Appellant, v. Keith JONES, Respondent.

No. 27129.

– June 15, 1999

BEFORE:  MAUPIN, AGOSTI and BECKER, JJ.

DISCUSSION

I. Offer of Judgment

Nevada’s offer of judgment rule is set forth in NRCP 68 and NRS 17.115.   At the time of the underlying action, NRCP 68 provided in pertinent part:  “At any time more than 10 days before the trial begins, any party may serve upon the adverse party an offer to allow judgment to be entered for the money or property or to the effect specified in the offer, with costs then accrued.” 1

NRS 17.115(1) provides that:

At any time more than 10 days before trial, either informally or at any pretrial conference presided over by a judge of the court in which the action is pending, any party may serve an offer in writing to allow judgment to be taken in accordance with the terms and conditions stated at that time.

NRCP 6(a) prescribes the manner in which the ten-day time period provided under NRCP 68 and NRS 17.115 is to be computed.   See NRCP 1.

In computing any period of time prescribed or allowed by these rules, ․ or by any applicable statute, the day of the act, event, or default from which the designated period of time begins to run shall not be included.   The last day of the period so computed shall be included, unless it is a Saturday, a Sunday, or a non-judicial day, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a non-judicial day.

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An OOJ or Offer of Judgment is a tool for parties in litigation used to shift risk to an opposing side.   The procedural rule allows judgment to be taken against that party in a specified amount.  The offer of judgment is a formal way to make an offer to settle the case; hence, a party may believe the value of the case is worth more (from the plaintiff’s side), or a party may believe the case is worth less (from the defendant’s side) and make an offer accordingly.  The risk of such an offer is that is may be accepted at a lower threshold than a jury might award.   NRCP (Nevada Rules of Civil Procedure) and the FRCP (Federal Rules of Civil Procedure) both govern this strategic move.

An OOJ can be made at anytime after the commencement of the litigation–hence after an answer is made.   Certainly, to be fair to both sides, and surely to meet certain legal factors, an excellent time to do an offer of judgment is a time when both sides are truly familiar with the facts of the case and can make a reasonable judgment as to whether the case is worth settling or rolling the dice at trial.  Recently, the Nevada Supreme Court ruled that service by fax of an Offer of Judgment is only valid if, of course, the party to which service is made upon has consented to such service( by fax).  Given technical difficulties of fax machines, internet service, and the like, our firm does not allow service or notice by fax.  Serving an OOJ by fax is not a good way to notice this serious weapon, and should be served in person by what us lawyers call: a signed ROC,  ”Receipt of Copy.”  This way, the OOJ is properly served with no argument as to notice.

What exactly happens when a party to a car accident receives an offer to settle involving NRCP 68 or NRS 17.115?   Well, a party may have to pay COSTS of litigation AND ATTORNEY FEES in the event of losing.  This is a powerful tool to get a case resolved when the stakes are high. Litigation is not a cheap activity, and a failure of a party to not accept a reasonable offer can have dire consequences.   In fact, a party can actually be successful at trial (e.g win the case), but lose financially. Exactly how?  Real simple.  Here is an example:  A party wrongly believes their accident case is worth $50,000 so they make an OOJ of slightly lower:  $45,000.  The Defendant disagrees with the “outrageous” offer.  The clients medical expenses are $10,000 and the client has totally healed.  10 days goes by and the offer of judgment is automatically rescinded due to non-acceptance.  They proceed to a jury trial.  Now, the jury awards $30,000.  $15,000 less than if they had accepted the offer.  Big Problem.   The judge in the matter can then award the Defendant attorney fees and costs!

Those costs might well exceed $100,000.  So, this example illustrates that a party who had a good case and won, will lose $70,000!  Not a good result.  The secret weapon is there!  An opposing example:  A party offers to settle for $1 million dollars on a wrongful death claim, and the opposing side refuses the offer thinking they can beat it at trial.  The personal injury attorney smartly decides the case can be proven and the damages will likely be awarded much higher.  The case proceeds to trial and a Nevada jury awards $2 million dollars.  The Plaintiff here will make more than just the award of $1M, but also attorney fees (billed by the hour since the OOJ was made), and gets the total costs of bringing the case to trial.  This is a win, win.   If no Offer of Judgment was ever made the case for an award of fees and costs is discretionary and is optional–which in all likelihood means no award of fees and costs.  If you have a case and would like the experience and expertise of Las Vegas Personal injury lawyers Joseph Benson and Ben Bingham, call us today. 702-382-9797

Benson & Bingham  ”Here to help you litigate your case.”

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As with everything in life, we are born and we pass on.  In the context of a Nevada lawsuit, if either the plaintiff or a defendant dies during the process of litigation—not a wrongful death issue (although a death can emanate from a car accident or original accident) a party and their respective personal injury lawyers must file a notice of death to the other party.  This is formally called a “suggestion of death.”   Nevada Rule of Civil Procedure [N.R.C.P.] rule 25 governs this issue.  This notice is usually filed with a copy of the death certificate. A party has 90 days from the date of the death to file the suggestion of death.  This is important because a failure to do the notice can and will result in a dismissal of the action.  Often a client will pass away from natural causes or an injury relating to the subject accident.  A wrongful death action may now be filed in the event of an accident that relates back to the original car accident.  The heirs will be the parties bringing the new action as well as an administrator of the estate.  These are complicated testamentary issues.  The successor then may be placed in the shoes of the decedent and the case will move forward as if the party was still alive.

It is also important to file within 90 days a motion to appoint a successor.  Failure to do this within 90 days will result in the lawsuit being dismissed with horrible ramifications.  Thus, someone must be appointed to carry on the lawsuit on behalf of the deceased party.   It does not matter who files the motion, but the party who stands to lose MUST file.  For example, in a single car accident case where a person gets a neck injury and files a lawsuit against the at-fault party, that victim would seek damages for the medical treatment, pain and suffering, and wage loss– if applicable.  If the defendant dies during the litigation, and a suggestion of death is filed, the person who stands to lose here is the Plaintiff.  If a defendant does nothing and 90 days passes after the notice of death is filed, the case is dismissed with tragic and unfair consequences to the Plaintiff.  Thus, a wise Las Vegas personal injury attorney will file and seek appointment of “any” suitable person to fulfill the rule.  If a person becomes incapacitated, they must file a similar “suggestion of incapacitation.”  This notifies the other party that a doctor or judge has ruled a party incompetent to continue to proceed.  Again a successor must be appointed to carry on the litigation or the lawsuit will be dismissed.

It is extremely important to find have an attorney who understands the ramifications of life events and can file the necessary legal documents when those occasions arise.  The law firm of Benson & Bingham understands the issues of death surrounding a personal injury lawsuit, and can help other attorneys that may need assistance.

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Many states, such as Nevada, have imposed egregiously unfair limits on pain and suffering damages in Medical malpractice cases.  These cases often have horrible damages leaving the victims unfairly compensated for bad medicine.  Nevada currently has a cap of $350,000 for pain and suffering.   Two states in 2010 have now repealed their respective States’ laws on caps.  The first this year was Illinois and now Georgia (who has a cap similar to Nevada $350,000.)

These States’ Supreme Courts banned such limitation based on the Separation of Powers Doctrine Embodied in the US Constitution.  The crux of the argument is that the legislature can’t impose rules on those duties fundamentally outlined for the judiciary—here reducing verdicts.   The principle behind the Courts’ rulings is likely to be challenged.   Can a legislature make laws that affect the judiciary?  It really depends on your legal philosophy.  In some respects, it seems like a conflict of interest to have a Court decide whether they have the power over the legislature to interpret a law—in other respects, it does make sense that our Separation of Powers doctrine was implemented to serve the very issue of fairness over the legislature.  With the new health insurance reform, time will tell how this may impact our Medical mal-practice laws.  What do you think?

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