Las Vegas Injury & Accident Attorney Blog

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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Settlements are sometimes the best way to go.   Victims in accident cases are often challenged with difficult questions arising from whether to settle a personal injury case, or whether to take the case in front of a jury.  In Nevada, 8 jurors and 1 or 2 alternates will make up the jury panel.  Of those 8 persons, 6 must agree (75%) on the verdict.  The verdict is a culmination of past and future pain and suffering, medical expenses, and wage loss in a personal injury case.   The jury must determine three things:  fault (liability), damages (the amount of appropriate compensation), and legal causation (what percentage or apportionment of the injuries claimed in the case are actually related to accident

Sometimes the Defendant will agree they are liable for the accident, but may dispute the neck injuries relate to the subject car accident; they may argue the cervical neck injuries relate to a previous accident or high school football injury for example.  Given the decisions that must be made by the jury, the decision to settle a case prior to a jury trial eliminates undue risk.

When liability and causation are clear, a damages trial is a great way to go given their is not as much risk.  The case then shifts from a “can we win” strategy to a “how much is it worth?” case.  So, when evaluating whether a case should be settled the risk factors must be considered.  Las Vegas Personal injury attorneys must educate their clients on the risks of taking a case to trial given that losing can not only be devastating to the victim’s emotions, but also their pocketbook as a losing party may incur attorney fees and litigation costs to the non-prevailing party.   The accident attorneys at Benson & Bingham understand that litigation has risks and appropriately advise when and when not to take the case to trial.

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In most failure to warn cases involving defective products, the burden is on the plaintiff to prove causation of the defective issue.  Most jurisdictions allow the rebuttable heeding presumption that means, in essence, that a party is given the benefit of the doubt that they would have heeded the warning label had it been appropriately warned either by label or otherwise on a product.

This presumption is an effective tool as an attorney does not have to prove the causation aspect of the case, as the burden shifts from the plaintiff to the manufacturer.  The law in Nevada does not allow this, and makes the victim prove that the warning or lack thereof was in fact the cause of the resulting injury.    The Nevada Supreme Court recognized this distinction in their recent opinion Rivera v. Philip Morris, Inc. 125 Nev. Adv. Op. No. 18, June 4, 2009.

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Downtown Las Vegas- A Las Vegas pedestrian, William King, was hit by a taxi on Fremont street and 4th downtown near the fremont street experience on June 19 when a cab switched lanes at the last minute clipping the legs of Mr. King breaking his right leg and causing major knee damage. The impact caused Mr. King to go onto the hood of the cab before rolling off. The 68 year old claims that the crosswalk he was in should have warned the driver to be cautious.

Clearly, the cab driver did not see the victim stated an eye witness. The driver claimed Mr. King was not visible and was disobeying the traffic control sign for pedestrians. The pedestrian had made it 75% of the way across 3 lanes of travel before being hit by the taxi. Attorney Benson stated his client is having a tough time dealing with the pain, but plans on an aggressive court fight.

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Immediately!  If you have been involved in a motor vehicle accident contact an experienced car crash attorney.  Victims who wait often allow evidence crucial to their case spoil.  At Benson & Bingham we use our knowledge coupled with experienced investigators to ensure your auto accident case is preserved.  Often a car wreck, skid marks, yaw marks, and debris on the road will dissipate.  Such evidence may be crucial for our accident reconstruction experts to observe in order to establish liability.  A contested liability automobile accident demands immediate attention.  Get the experience your motor vehicle accident deserves.  Contact Benson & Bingham.

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