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The amount of compensation you may be entitled to relies on the specific circumstances surrounding your case. To gain a clear understanding of your rightful entitlements, it is essential to schedule a complimentary consultation with one of our proficient attorneys.

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If you are in need of a tenacious, respectful, and highly professional legal representative, call our office now at (702) 512-7777, or utilize our secure online form to request your complimentary consultation!

A Primer on Personal Injury Law

Personal injury law, also referred to as tort law, empowers individuals who have sustained injuries to pursue legal remedies through civil court intervention. This area of law grants the injured party the opportunity to seek financial compensation or redress for losses arising from accidents caused by another party’s negligence or intentional misconduct.

Several circumstances warrant the application of personal injury law:

Accidents: Negligent actions resulting in harm to another individual due to carelessness may give rise to accidents. For example, a car collision caused by an inattentive driver could lead to a personal injury claim seeking compensation for damages incurred in the accident.

Intentional Acts: Personal injury law may be invoked when intentional acts cause harm to another person. If an individual’s intentional behavior causes harm or significant loss to someone else, they may face a lawsuit seeking compensation for the harm inflicted.

Defective Products: Liability may be imposed on a defendant for injuries or harm caused by defective products, even in the absence of accidents, negligence, or intentional misconduct. It is crucial to ensure the products one sells are free from defects to avoid legal complications.

Defamation: Defamatory statements that harm a person’s reputation or cause emotional distress can lead to lawsuits under personal injury laws. Engaging in responsible communication about others is essential to prevent potential defamation claims, which may result in criminal charges or financial compensation to the plaintiff.

Determining the parties responsible for enacting personal injury laws varies among different states, as each state employs distinct measures to safeguard citizens’ rights and well-being. Some states have derived these rights from historical common norms and rules, which were established by judges rather than legislatures or statutory bills.

Understanding the applicability of personal injury laws in the modern world can be perplexing. While no two accidents or personal injury cases are identical, certain legal standards and principles link them together. Personal injury cases involve defendants who have caused harm to plaintiffs, much like other types of wrongdoing that are subject to legal proceedings. While contractual laws govern other cases, personal injury laws are specifically tailored to address injuries and determine liability accordingly.

In a personal injury case, the plaintiff alleges that the defendant breached a legal duty within the specific circumstances surrounding the injury or harm. For instance, a teacher is expected to provide education with the level of professionalism and competence that reasonably skilled educators would display in similar educational settings. Failing to adhere to these professional standards may result in allegations of negligence or carelessness, which are fundamental components of personal injury law.

In some instances, personal injury matters may be resolved through settlement negotiations outside the courtroom. Insurance companies, for instance, may prefer to settle claims without proceeding to litigation. The terms and conditions of such agreements are unique to the parties involved and typically involve the exchange of a monetary sum in exchange for the plaintiff’s commitment not to pursue further legal action regarding the offense committed against them.

Understanding these critical aspects enables individuals to navigate the legal landscape effectively in situations where accidents occur or intentional harm is inflicted upon them. To ensure proper guidance and protection of your rights, it is advisable to seek the expertise of a qualified Las Vegas personal injury attorney.

The post Seeking Compensation with the Aid of a Knowledgeable Las Vegas Personal Injury Attorney? appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

After getting involved in a car accident, the next logical step would be to pursue an insurance claim for damages. But before you can obtain compensation, your insurance provider might ask you a couple of things before releasing the compensable amount.

First on the list would be an investigation on your claim. To open a formal inquiry for the release of the compensation for damages, your insurance provider may require a photo inspection.

So what is a photo inspection? What are its purposes?

There are two main instances where insurance companies require photo inspection for car insurance purposes. First, there’s the pre-insurance photo inspection, and, second, it’s the insurance claims inspection following the car accident.

Pre-Insurance Photo Inspection

In some jurisdictions, car insurance companies may require a photo inspection of the vehicle before issuing an insurance policy and providing coverage. This constitutes proof of the physical condition and visible state of the vehicle to be insured at the time of the application for insurance coverage. In this manner, the photos serve to protect the car owner and car insurance company, as it makes into record the prevailing circumstances as it relates to the vehicle.

The inspector for the car insurance company may require a reading of the vehicle’s identification number. He or she may also inspect the odometer reading, check on the condition of the car, and scan for the car’s accessories, if there are any.

The car insurance inspector will record these discoveries and readings, which will form part of the application for insurance coverage. Depending on the state of your vehicle, there is a good chance you’ll get a lower cost of your car insurance coverage if you comply with the requirement for pre-insurance photo inspection.

Insurance Claims Inspection Following a Car Accident

Typically the next step following a car accident is to file a claim for damages with the car insurance company. For this reason, the insurance provider will assign a claims adjuster to investigate your claim. Part of the claims investigation procedure is the requirement of photo inspection, which shall be used to assess the extent of the damage and determine the corresponding amount of compensation.

While insurance companies follow different procedures in inspecting the claims, the idea is the same. The claims adjuster will inspect the scene of the car accident, assessing the damage of the vehicle. Alternatively he or she will go to your home, if the vehicle to inspect is there. And taking of the photos of the car will be part of the inspection process.

Some insurance companies give vehicle owners the option to take their cars to the latter’s preferred repair shop. It’s best to ask your insurance provider if it offers this recourse.

What Happens Next?

With these photos, the claims adjuster will identify the dents, scratches, or damage and determine the extent of the costs for repair. He or she will then prepare a written estimate.

If you think the estimates provided by the claims adjuster isn’t accurate, you may make an appeal. For this purpose, you need to obtain a cost estimate from an independent appraiser, to be submitted in support of your appeal.

Contact a Car Accident Attorney

Negotiating with a claims adjuster can be a lengthy and protracted process; it can be frustrating at times too. If you believe you are entitled to a higher compensable amount that what was offered, consider hiring a car accident attorney.

Want to have your case evaluated by an experienced Las Vegas car accident attorney? Contact Dan Lovell of Empire Law Group.

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In minor car collisions, they’re ideally no-fuss. After the accident, there will be a quick exchange of contact numbers, insurance information, and other key details, and then that’s it. Drivers involved in the accident will let their respective insurance providers handle these matters. How convenient, don’t you think? So you might wonder, is there a need to call the police?

Actually, yes, parties involved in a car accident may still need to contact law enforcement officers. No matter how minor the accident was, you’ll still need to secure a police report on the collision. Truth be told, reporting the matter to the police will save you from the hassle later on.

While reporting to the police is imperative, what’s optional is informing the insurance provider. Parties to the accident may dispense with the intervention of the insurance companies. For instance, they may opt to have their respective damage repaired out of their own pockets.

The Importance of Securing a Police Report

A police report covers the circumstances surrounding the accident. With this document, it negates the likelihood of creating assumptions as to what happened. Thus, in the event of a legal action for recovery of damages, it effectively eliminates disputes on the turn of events.

It becomes easier to seek compensation because the police report can strengthen the case. Whether the car accident is a major or minor one, it is best to secure this piece of paper.

This unbiased account of the accident contains the following information:

• Names of the parties involved,
• Injuries sustained by the parties, if any,
• Damage to the vehicles involved,
• Time, date and place of the accident, and
• Statements of witnesses.

Here are tips when reporting a car accident to police officers.

Call 911 Immediately

If you’re involved or witnessed a car accident (especially a major, catastrophic one), the first thing you need to do is call 911. Do this even if there are no apparent injuries or damage. The purpose is to let the police officers ascertain the circumstances and write a report on the incident.

There will be an investigation as soon as the police officers will arrive. Searching questions will likely focus on who or what caused the accident and how.

Law enforcement officers will also want to obtain the personal and contact information of the involved drivers and passengers, if any. The police, however, will focus more on the driver; whether there was a likelihood that he or she drove under the influence.

Witness on the scene as well as injured bystanders will also be requested to give their personal and contact information. Statements will also be obtained.

Based on the investigation, the police officers responding at the scene will make the report.

What If There Are No Police Officers at the Scene

There may be instances when police officers don’t respond at the scene of the accident. Thus, you may need to file your own report to the police as soon as possible. In support of your narrative, taking photos and/or videos that cover all angles is highly recommended.

Collect as much evidence as may be available and necessary in support of your side of the story. This may be needed as it is not uncommon for the party at fault to change their story to evade liability.

Contact an Experienced Car Accident Attorney

To cover your bases, seek legal representation from an experienced car accident lawyer. With his or her help, you can ensure that your interests and rights are protected during your action to obtain compensation for damages.

Looking for a highly experienced Las Vegas car accident attorney? Contact Dan Lovell of Empire Law Group.

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Vehicle Falls on Employee of Las Vegas Auto Shop

An auto shop employee died when a vehicle fell on him. The police officers responded to the scene at around 4:50 in the afternoon of the 14th of May 2018. The unfortunate event occurred at the Alex Auto Shop, which is located in Fremont St. near Mojave Road.

Lt. Grant Rogers of the Las Vegas Metropolitan Police Department said they have contacted the Occupational Safety and Health Administration to investigate the incident.

What Is the Occupational Safety and Health Administration?

The Occupational Safety and Health Administration (OSHA) is an agency under the U.S. Department of Labor. It is tasked to ensure workplace safety and the health of the workers.

Under federal law, every worker is entitled to have a safe workplace. Every employer shall ensure that the workplace is free from any safety or health hazards or any element that may impair the wellbeing of the employees.

If you or your loved ones are concerned about your health and safety on the job, you may contact OSHA. You may file a confidential complaint and request for an inspection of the workplace if you believe you are exposed to an unhealthful or unsafe working environment.

The employee who filed the complaint enjoys protection from retaliation. If the employer knows of the identity of the whistleblower employee, the employer is prohibited from firing, demoting, or discriminating the latter in any capacity.

If you or your loved one has been the subject of the employer’s ire and retaliation on account of the filing of the complaint with OSHA, you may file a whistleblower complaint with OSHA within 30 days from the time of the alleged retaliation.

Know Your Rights as an Employee

All employees are entitled to a safe workplace. Federal law provides that every workplace should be free of known safety and health hazards. In addition to these rights, all employees shall also have the right to be trained in a language that they understand.

The State recognizes the higher risk of injuries when operating machinery or working with toxic chemicals. To this end, the employer shall ensure the safety of the workers operating on machines.

Safety gear shall also be provided to employees working on high-risk activities; this includes gloves, harness and lifeline, etc. Adequate protection shall also be furnished to employees who are exposed to toxic chemicals.

Concerned about Your Hazardous Working Conditions?

If you believe your working conditions are unsafe or unhealthful, you may forward your concerns with OSHA by filing an appropriate complaint. You may also request for an inspection of the workplace. These complaints and inspection requests are treated with confidentiality.

As an added recourse, you may refuse to continue to work if the unsafe and unhealthful nature of the workplace clearly presents a high risk of serious injuries or death, and this was brought to the attention of the employer.

In the event of injury or death, get medical assistance ASAP. You may also need to inform the supervisor of the fact.

Contact a Las Vegas Workplace Accident Attorney

If you or a loved one has been injured in the workplace on account of its unsafe or unhealthful nature, you may be entitled to recover damages. In the same way, heirs and other survivors of a deceased employee may claim compensation.

Get in touch with a highly experienced Las Vegas workplace accident attorney. Contact Dan Lovell of the Empire Law Group.

The post Vehicle Falls on Employee of Las Vegas Auto Shop – workplace safety appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

Las Vegas Pregnant Woman Killed in DUI Car Crash

Drinking and driving are not a good mix. This could lead to serious bodily injuries and damaged properties. Or worse, death. Here’s another alcohol-related car accident that resulted in a fatality.

In March 2018, a pregnant woman named Monique Leiwalo was driving on the northbound lane of Rainbow Boulevard around 7 in the morning. Suddenly a man driving an SUV hit another car and rear-ended Leiwalo’s vehicle. The force threw Leiwalo’s vehicle, crashing it into a pole. She died as a result.

But it was not only Leiwalo who perished in the car accident. The unborn child in her tummy also died. According to the deceased’s sister Jasmine, Leiwalo was scheduled to give birth in May. Originally from the Hawaiian island of Oahu, Leiwalo moved to Las Vegas in 2013 with her longtime beau Anthony Cruz.

The suspect, driving the SUV in question, was identified as Timothy Naas. After the car crash, Naas reportedly fled the scene. But he was later apprehended and criminally charged on suspicion of driving under the influence (DUI). The 29-year-old Naas was delivered to the Clark County Detention Center where he faces countless charges. Among the criminal actions filed against him include DUI and hit-and-run.

DUI Car Accidents Resulting in Wrongful Death Involving an Unborn Child

Is an unborn child considered a person for purposes applied in wrongful death cases? Yes, according to a 1972 case decided by the Supreme Court of Nevada in Weaks v. Mounter.

In Naas’ case, he may be criminally charged for the death of Leiwalo and her unborn child. Additionally, Naas may also face a civil action for recovery of damages arising from two counts of wrongful death.

Under Las Vegas jurisdiction, tortfeasors like Naas may be held liable for pecuniary losses. They will be required to answer for the decedent’s medical bills on his/her final illness or injury. Upon the latter’s death, these tortfeasors will also answer for the funeral or burial costs.

Tortfeasors will also be held liable to cover for the decedent’s lost future income, paying to the latter’s heirs. The heirs will also receive damages founded upon the decedent’s pain or suffering as well as the lost emotional guidance on the part of the dependents.

Establishing Liability in Las Vegas DUI Cases

To establish criminal and civil liability in wrongful deaths arising from Las Vegas DUI cases, the plaintiff will need to gather direct or circumstantial evidence to prove the fault or negligence of the tortfeasor. To wit, it must be shown to the court that:

the tortfeasor has the duty to observe proper diligence in operating his motor vehicle on the roadways,
(2) there was a failure to observe the requisite degree of diligence,
(3) this failure resulted in a violation of a safety statute; e.g., DUI laws,
(4) the violation of the safety statute involved an injury or death.

Based on the accident report, it can be deduced that Naas is liable for the wrongful death due to his failure to follow the DUI laws. However, from a legal standpoint, this fact needs to be presented and proven before the court.

You Need an Aggressive Las Vegas DUI Lawyer

If you or a loved one has been involved in a Las Vegas DUI incident, you may be entitled to compensation for injuries sustained. In the case of death, the heirs may be awarded the damages. For this purpose, it is highly recommended that you seek legal representation from a highly experienced Las Vegas DUI lawyer.

Get in touch with Dan Lovell of the Empire Law Group.

The post Pregnant Woman Killed in Alcohol Related Car Crash appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

Las Vegas Slip and Fall Attorney

Have you or your loved ones suffered serious injury as a result of slipping or falling? If this is due to the failure of property owners to maintain safe premises, you may be entitled to seek compensation for damages. For this purpose, contact a Las Vegas slip and fall attorney.

Under the laws in the State of Nevada, property owners such as landlords, business owners, and even homeowners need to exercise due diligence in making sure that their property is up-to-date with safety regulations. Part of the safety regulations require property owners to conduct routine safety checks, standard maintenance, and timely necessary repairs to ensure the safety of those who enter the premises. Failure to meet these safety requirements may lead to accidents, which may cause serious physical injuries.

However, many people still suffer injuries due to these property owners’ omission to maintain safe and orderly premises. It is very unfortunate that many of these injuries are painful and costly; some may be debilitating, resulting in missed work, paralysis, or death.

One of the common causes of these injuries are slip and fall accidents. Slipping, by its common usage, means losing one’s balance due to skidding on the floor’s surface or losing one’s footing. On the other hand, falling means tripping and falling over.

For normal, healthy-bodied individuals, slip and fall accidents may result in a couple of bruises. Probably a strain or sprain too. It can also cause serious injuries like broken bones for the kids. But for the elderly, this can be fatal. Did you know falls are among the leading factors that contribute to a high mortality risk among the elderly? According to the CDC (Center for Disease Control) in a September 2016 Press Release, “Every second of every day in the United States an older adult falls, making falls the number one cause of injuries and deaths from injury among older Americans.”

Common Physical Injuries Resulting from Slip and Fall Accidents

Did you know thousands of people suffer from injuries due to slip and fall accidents? The usual physical injuries resulting from these unfortunate occurrences may include serious fractures. These injuries usually occur on the hands, shoulder, elbows, and knees; these limbs are usually used by the injured victim to break the fall. This results when the joints lock up as a result of the force or impact of the fall.

Head injuries and contusions may also follow. This may happen when the injured victim fails to absorb the blow of the fall with his/her limbs while breaking the fall with the head. This may also result when the bounces off the floor’s surface after the body hits the floor.

Contact a Las Vegas Slip and Fall Attorney

In the State of Nevada, property owners need to maintain a safe and risk-free environment in their residential, commercial, or industrial premises. To ensure the safety of the property, timely repairs need to be done. When repairs have yet to be made, owners need to post warning signs or otherwise block the areas where slip and fall accidents are highly likely.

Should the property owner fail to do this, he or she may be held liable for any injury, damage, or death resulting to those who set foot in their premises. For this reason, the injured or aggrieved parties may obtain compensation for damages.

Have your case reviewed by a seasoned Las Vegas slip and fall attorney. Look to Dan Lovell of the Empire Law Group.

The post Slip and Fall – Were you injured? appeared first on Empire Law Group, Las Vegas car accident attorney Dan J. Lovell.

Running away from a scene of a vehicular accident may be a means to avoid liabilities. Only if you will not be caught. Otherwise, you just caused more trouble to yourself.

Hit and Run Accident Attorney Dan Lovell of Empire Law group can represent you if you have been the victim of a hit and run accident. Pedestrians and cyclists are at high risk on roadways, crosswalks and sidewalks. Get legal representation today from a Las Vegas Attorney.

But not only it is morally wrong, it is illegal too. Every person has the legal duty to help another person in distress.

For the victim, hit and run posed difficulty in seeking redress against the erring party. Hitting someone or someone else’s property is already a legal wrong. Running away from the scene to avoid the consequence adds insult to the injury. Historically, hit and run has been tagged as a menace to the administration of justice. Thereby, elevating the status of this legal wrong higher from a mere act of civil negligence.

In some states, hit and run incidents are criminalized. The act is punishable by imprisonment on top of liabilities for damages.  Other states take running as an aggravating circumstance indicative of bad faith. Thereby, it justifies higher penalties and stiffer monetary indemnifications. Thus, the award would include moral and temperate damages on top of actual damages.

The Norms of Conduct in a Vehicular Accident

There are accepted norms which most states share. Primarily, parties to the accident are obligated to not abandon the other party in an accident. Furthermore, they are also obligated to help a party who needs immediate medical attention. This is the foremost of all principles. Other norms are as follows:

• As soon as practicable, stop your vehicle and do not move anything.
• Contact traffic authorities to document the scene of the vehicular accident.
• Whenever practicable, speak with other party and exchange contact and insurance information.
• Whenever practicable, also have personal documentation of the accident. Take pictures and know the names and contact details of the people around who may have witnessed the crash.

Collision of Unattended Vehicle or Things.

There are scenarios when someone hits an unattended vehicle or thing. When waiting for the owner to return is not practicable, the erring party may leave; provided, however, that he takes note of the identity of the damaged property. He should also leave a note containing his contact details. But that is only the bare minimum. This is mostly applicable if the accident only results in minor damage to property. Otherwise, it is best if he reports the incident to the authorities and has the accident documented before he leaves the scene.

Instances When Running is Permitted

Safety to one’s life is the paramount consideration in almost all circumstances. This is a basic principle. This includes being involved in a vehicular accident. Whenever there is a likely threat to one’s life, he may run from it. In such situation, one is permitted to run from the scene of a vehicular accident.

Parties involved in a vehicular accident are obligated to report the incident to the authorities. The reason is not only legal but also practical. One may use the report to process insurance claim, even if there is no case filed in court. The report will form part of road accident and safety statistics. These statistics may be used as bases for safety innovations. Moreover, it is best to speak with an attorney following or immediately after a vehicular accident. Your attorney will help defend your interest and mitigate exposure to liabilities arising from the accident.

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