Nevada Law

CA Man Dies From 5-Story LV Casino Fall

January 05, 2012

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 1st. 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.

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NV Accident Liability Ranges Farther Than Expected

December 30, 2011

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 & Bingham today for consolation, free of charge.Injured not only physically but also financially, Ms. Zokhrabo sued the estate of Mr.

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Las Vegas DUI Lands Man in Hospital, Woman in Jail

December 28, 2011

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.

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Las Vegas Family Injured in Distracted Driving Accident Appear at National Transportation Safety Conference in DC

September 29, 2010

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.  I.

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Calculating the Proper Days with a Nevada Offer of Judgment is Crucial as is the Understanding of NRCP 68

August 28, 2010

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 days2.)  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.

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Personal Injury Lawyer’s Secret Weapon: The Offer of Judgment

August 27, 2010

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.

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What Happens When a Client Dies? What Happens if the Client Becomes Incapacitated?

March 29, 2010

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.

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Personal Injury Law Set to Change in Medical Mal-practice Cases.

March 27, 2010

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 cru.

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Did you Know: Benson & Bingham has a Happiness Guarantee? Although we cannot guarantee results of a case, we can guarantee your happiness with respect to the fees that we take at the end of a case.