Las Vegas Injury & Accident Attorney Blog

If you’re like many people, you do not take follow many seemingly minor traffic laws, signals, or signs to the absolute letter of the law. It may be that you routinely drive several miles an hour over the speed limit; many people drive a standard five miles per hour over the limit, or more – you’ll see many minor speeding violations on Clark County’s highways. Perhaps you don’t always and every single time come to a complete and utter stop – a traffic violation in Las Vegas, as it is everywhere. Maybe every so often you will push it a little bit on a yellow light, maybe your transgression is sending an occasional text. Whatever the infraction, if it leads to an accident in Southern Nevada, or even just a traffic ticket, Benson & Bingham can help.

These types of minor infractions are actually the cause of a good many auto accidents in the Las Vegas valley. So much so that Henderson police will be spending some of March specifically patrolling and checking intersections that are particularly busy in an effort to issue tickets to drivers in the hopes of promoting safer driving and cutting down on injuries in this Clark County city. Injury accidents are incredibly common, and Benson & Bingham Attorneys at Law are experienced lawyers in Clark County at dealing with the types of legal battles that can arise from these types of accidents, and will make sure that you’re covered and have the best representation and outcomes possible.

Henderson police said in a press release that a similar ticketing program caught close to 400 people and resulted in tickets for running red lights, and 230 additional tickets for mobile phone usage without a hands-free device. They park unmarked police cars and officers at the aforementioned busy intersections, who then use their radios to call patrol cars in the area to stop the sighted vehicle, and write up a ticket. They look for people committing red light violations, tailgating, not stopping for people on foot, changing lanes illegally or just dangerously. These types of traffic violations actually lead to many, many of the injuries in Southern Nevada car accidents.

Benson & Bingham Attorneys at Law is a law firm that handles all kinds of auto accidents, injury accidents, slip and fall injuries, workplace accidents, and more in Southern Nevada. Our experienced attorneys will make sure that you are taken care of in the event of an accident, no matter what or what happened. We sweat the details so you don’t have to, making sure you get any and all compensation to which you are entitled.

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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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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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Recently, A Nevada Jury awarded $500 Million in punitive damages to a couple infected with Hepatitis from an Endoscopy center.  It is well known the facility and its doctors, primarily Dr. Desai, reused Propofol vials (an anesthestic) on patients mixing the syringes and needles between patients cross contaminating.  It is well known the Doctors did not have the money to compensate the victims who have genetically linked their disease to the outbreak at the facility.   The jury awarded $5.1 Million in compensatory and then awarded the 1/2 billion dollar sum to punish the maker of the drug.  The convincing argument was the 50ml vials should not have been sold to centers that had minimal use for such large doses of medication.

This lawsuit was based on the Strict Products Liability Cause of Action that is a very strong action, if the Plaintiff’s can prove the product failed in its warnings, was defectively designed, or was mis-manufactured in some fashion.  The key here was the defectively designed containers that “encouraged” multi uses for business/profit reasons–allegedly.  The vials do have qualified uses in drip systems and other longer sleep patient procedures.  So, in essence, the company was punished by the jury (in this case Teva and Baxter Pharmaceuticals) for this “encouragement” in that they knew doctors may be reusing the vials and they helped in some fashion by making such a “large” dosage.  Whether or not personal injury lawyers are correct in their allegations, the jury believed the arguments and found not only that these companies were liable, but that they should be punished for their bad behavior.  Given that the combined annual revenue of these companies exceeds $13 billion, even the $500,000,000 is a slap on the wrist–but it would get any accountant’s attention.   So, one must contemplate whether the underlying case was justified.    To understand how a jury gets to this, one must understand that Negligence is not a bar to strict products liability.

The law is founded on the assumption that manufacturers need to make safe products–very safe products, or face severe ramifications for bad design, bad warnings, or bad product.  If a product is misused this is a defense to products liability.  And, arguably the doctors misused the “single” dose vials.  The jury did not believe this argument because they were not allowed to hear it!    The jury was barred from hearing testimony that doctors misused the vials given that this “negligence” was not a factor in the products liability action.  While this author did not sit through the trial and hear all the relevant testimony, the point is clear that the case was tried as a products case, and the jury found that the manufacturer was liable for creating an unreasonably dangerous product.     The absurd response comes from those who compare this scenario to that of a car driver who car drives 100 mph but yet the roads only allow for 55mph.  Should we sue the car manufacturer for the drivers error when he crashes doing 100mph?  Another comparison is one to cough syrup.  It comes in 10 oz bottles.  The consumer is “warned” to only take 2 tablespoons (one ounce).  If a consumer drinks the whole bottle, should we then sue Robitussan or Vick’s Cough syrup because the consumer did not follow the instructions?  Well, the crazier thing here, is not only was warning not obeyed, it was a doctor who did not obey it…

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Personal injury attorneys typically handle cases for victims of car accidents and other tragedies who often are uninsured.  These victims treat with doctors and medical facilities on a lien basis to avoid out-of-pocket expenses.  A lien is nothing more than a promise to pay when the settlement or verdict is reached.    The quagmire is whether patients should use their health insurance or treat on a lien basis when involved in a 3^rd party personal injury action.   Health insurance, under Federal Law, must be reimbursed if funds are collected from a 3^rd party (except in rare cases).  But, there is a huge benefit for those insured victims to use health insurance because they can save tons of money in the long run given they have the protection of contracted health care rates. Lien providers can charge whatever they wish in a car accident case—as long as it is reasonable. What is reasonable is often gauged by market prices—and to some degree Medicare Rates (even though most would argue Medicare is on the cheap end of a reasonable charge.)

The new reasonable charge may be drastically lower given that all will have healthcare.  Given that everyone will now required to be insured, this will eliminate, in essence the need for liens as all persons will now have the remedy of insurance to treat for car accident cases.   Medical providers will likely now be forced to be providers on insurance or risk not being utilized.   Personal injury attorneys will not have the advantage of “inflated” or “non-contracted” rates when dealing with automobile insurance carriers (except in rare cases).  But, there is a huge benefit for those insured victims in Nevada to use health insurance because they can save tons of money in the long run given the have the protection of contracted health care rates.  Lien providers can charge whatever they wish in a car accident case—as long as it is reasonable.  What is reasonable is often gauged by market prices—and to some degree Medicare Rates (even though most would argue Medicare is on the cheap end of a reasonable charge.)  The new reasonable charge may be drastically lower given that all will have healthcare.  Given that everyone will now required to be insured, this will eliminate, in essence the need for liens as all persons will now have the remedy of insurance to treat for car accident cases.

Medical providers in Nevada will likely now be forced to be providers on insurance or risk not being utilized.   Personal injury lawyers will not have the advantage of “inflated” or “non-contracted” rates when dealing with automobile insurance carriers  (Geico, State Farm, Farmers, Allstate, American Family, Progressive, USAA, etc.), thus many should expect that lower medical costs will decrease personal injury settlements in minor car accident cases where value is often determined by the extent of the medical expenses and underlying treatment (verses the injury value in a large damages case where the human damages may have a residual affect).

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