Personal Injury Cases: Pretrial Motions

On September 30, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

So you’ve made the decision to file a personal injury lawsuit in Clark County. You have compiled and submitted all of the necessary documentation to the other side and have even allowed the defense attorney to depose you. Now it’s time to take your case to trial.

But wait – the defense is asking the judge to deny your wish to trying the case in a courtroom! Can they do that?

This part of the legal process is called the pretrial motion phase of the case. During this phase, attorneys from both sides meet in front of a judge to submit requests – which are called motions – and have these requests ruled on. Some of the pretrial motions which the defense may file include:

  • A motion to dismiss. The defense may claim that your suit, for whatever reason, does not meet the legal standard for a personal injury lawsuit.
  • A motion for summary judgment. The defense may assert that the legal facts of the case are not in doubt; and that as a result, the case should instead be ruled upon by the judge and not be heard by a jury.
  • A motion for default judgment. The defense may maintain that you have not responded to an action, provided the proper documentation, or answered the appropriate questions during the discovery phase of the case.
  • Nondispositive motions. In the above scenarios, the plaintiff will usually ask that the judge throw the case out. These are called dispositive motions, which have the potential to end the litigation if the judge grants them. But there are also numerous pretrial motions which are nondispositive. These mostly pertain to the specifics of a given case, such as which evidence will be allowed or which witnesses will be permitted to testify. Nondispositive motions will not stop the litigation process if they are granted.

If you have any questions about pretrial motions that affect your case, your personal injury attorney will be able to answer them for you.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Questions to Ask Prospective Personal Injury Lawyers

On September 30, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

You or a loved one has been hurt in an accident in Las Vegas, Summerlin, Henderson, Green Valley, or another city in Clark County. You feel that someone else is responsible for the incident, but you may not be sure. So you are thinking about seeking the advice of a lawyer and possibly filing a personal injury lawsuit.

How do you determine which attorney is best for you?

Here are a few questions you should ask any attorney whom you may be considering to represent you in this type of litigation.

  • How much experience do you have with personal injury lawsuits? Attorneys will often promote their “years of experience” in practicing law. But you should find out how long they have been working with personal injury cases specifically. Because if a lawyer is well-versed in wills, tax laws, securities law, or sexual discrimination, none of that experience will help win your personal injury case.
  • How much experience do you have in Clark County? It is important that your attorney be familiar with the intricacies and nuances of the Clark County legal process and its judges and lawyers. This familiarity can mean the difference between a large judgment and a small one – or even a favorable verdict and an unfavorable one.
  • How many personal injury lawsuits have you taken to trial? If your attorney is not comfortable with arguing your case in a courtroom, then you may not be able to get all of the compensation you deserve. But if your lawyer is willing to go to trial with your case, you can feel confident that he or she has your best interests at heart. 

Choosing the right personal injury lawyer is one of the most important decisions you can make in your fight to get the compensation you deserve from an accident. So make sure you choose wisely!

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Myths about Depositions

On September 28, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

I’ve written about depositions, how to prepare for them, and what to expect while they are taking place. However, many plaintiffs have some preconceived notions about depositions which are inaccurate or untrue. These misplaced ideas may work against them during a deposition and that could ultimately harm their personal injury lawsuit.

Here are some of the myths that many people have concerning depositions:

Myth: A deposition is not as important as a trial

Fact:Since only a small percentage of civil lawsuits ever reach the trial stage, a deposition may be the only time you get to present your testimony.

Myth: A judge will be at the deposition.

Fact: Wrong. The lawyers on both sides will be responsible for resolving any disputes.

Myth: Your lawyer can advise you how to answer a question.

Fact: No. Your attorney can only object to a question or advise you not to answer it at all; he or she cannot assist you in giving your answer.

Myth: You should reply as quickly as possible to the defense lawyer’s questions.

Fact: Absolutely not. You should take all the time you need to consider your answer before speaking. 

Myth: Since you can fix your answers later, you don’t have to strive to be as accurate as possible during a deposition.

Fact: While it is true that you will be able to read over the deposition transcript at a later time and make corrections, you will be required to provide a reason why your original answer was incorrect. The defense can object to the changes, use them to question your trustworthiness, or even ask you to go through the deposition again.

If you have any questions about an upcoming deposition, be sure to ask your attorney about them. Don’t go into a deposition with incorrect ideas about what will take place.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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How to Approach a Personal Injury Deposition

On September 26, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

If you have filed a personal injury lawsuit against a company or individual, both sides are required to conduct discovery. This means that documents must be procured and witness statements gathered. Often, you will be required to participate in a deposition.

A deposition is similar to a trial in that the opposing lawyer will ask you questions which you are required to answer to the best of your knowledge. There are certain differences that you must be aware of. Here are some tips on how to successfully navigate a deposition:

  • Meet with your lawyer before the deposition takes place to review the case and learn what to expect.
  • Study the documents which will likely come up during the deposition so you are familiar with their contents.
  • Anticipate the questions you will be asked and think about your answers before the deposition begins.
  • If your lawyer instructs you not to answer a question, heed that advice.
  • Clarify your testimony if you need to – but don’t elaborate on an answer unnecessarily.
  • It’s okay to ask the opposing lawyer to rephrase or repeat a question – or to simply admit that you do not know (or remember) the answer
  • During the deposition, you don’t need to discuss what your lawyer has told you – or what your spouse has said or done 

Your attorney is both your advisor and your advocate during a deposition. So if you have any questions about an upcoming deposition (even if you think they are silly), it is vital that you consult your lawyer so that you completely understand what will happen once the deposition gets underway.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Lead Found in Kids’ Mood Rings and Necklaces

On September 23, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

It may be hard to believe that products sold in the Las Vegas area and across the country today still contain harmful amounts of lead. Consumer groups and the U.S. government have devoted countless resources to ensuring that the unsafe substance is kept out of products as much as possible. Unfortunately, high levels of lead have been discovered in a certain jewelry item which is being marketed to children.

The Consumer Product Safety Commission announced a recall of 19,000 “Love Tester” mood rings and 4,000 similarly-themed mood necklaces because they reportedly contain unacceptable levels of lead. The jewelry in question was sold at retail stores across the nation for about four dollars each from September of 2005 all the way up until June of this year.

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Courtesy of KBTX.com

The products are designed to change color to pink, yellow, beige, or orange as the wearer’s “mood” changes. The packaging is small and circular with a reddish color and the phrases “Love Tester” and “Are You In The Mood?” printed on it. The rings and necklaces were manufactured in China and distributed by D&D Distributing-Wholesale, which is based in Tacoma, Washington.

Though lead can be hazardous to adults, it can have even more dangerous effects on the nervous systems of children because their bodies are still developing. It can affect the behavior of kids by making them irritable, inattentive, or hyperactive. Higher levels of lead in children can result in learning problems, hearing loss, stunted growth, brain damage, and even death. 

Parents are urged to take the recalled jewelry away from their children immediately and contact the distributor for a full refund. If you feel that your child is suffering from the effects of lead poisoning and that a defective toy may be the cause, you should consider contacting a product liability lawyer.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Motorcycle Accidents Cause Injuries, Loss of Life

On September 22, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

As the warm emperates continue in Nevada, many motorcyclists are taking advantage of the weather to hit the highways on their motor bikes. Unfortunately, the chances of motorcycle accidents increase when there are more bikes on the road.

Such was the case just north of Yerington, where a 46-year old man was killed on his motorcycle on Highway 95-A (I-95). On September 20, Michael Leonard died when his motorcycle reportedly slammed into the side of a commercial dump truck which had apparently failed to stop at a stop sign. Leonard was ejected from his motorcycle and died at the scene.

This fatal accident occurred just one day after a three-motorcycle pile-up in Las Vegas. According to Nevada Highway Patrol officials, the September 19 motor bike crash briefly closed the southbound lanes of Interstate 15 just north of Speedway Boulevard. The trio of motorcyclists was taken to a nearby hospital, but their conditions and identities were unknown.

These wrecks illustrate the dangers that motorcyclists in Nevada must be careful to avoid. Because drivers of passenger vehicles often have trouble seeing motorcycles, they don’t often yield the right of way to their two-wheeled brethren – and that can result in accidents that lead to serious injuries. These odds increase on highways and freeways, where the speeds of all vehicles increase. 

If you have been injured in a motorcycle accident in Clark County, be sure to contact a qualified personal injury attorney. He or she will advocate for your rights and seek compensation for your injuries and lost time at work.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Collecting Court Judgments in Personal Injury Lawsuits

On September 20, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

Many Clark County residents are familiar with the practice of suing another person or company in civil court and getting monetary compensation as a result. However, very few understand the actual process of collecting the money that they are owed – even after a favorable court verdict. Unfortunately, it’s not as easy as picking up a check from the defense table on your way out of the courtroom after the verdict has been read.

Many plaintiffs who have endured the lengthy legal process of pre-trial motions, discovery, and a trial are discouraged when they find out that they may have to spend even more time collecting the money that is rightfully theirs. Even in the face of a court verdict, defendants may claim that they are too illiquid to assemble the funds or too penniless to afford the damages – or they may just be too plain stubborn to part with their money.

As a rule, a plaintiff has about ten years to collect a civil court judgment, but that timeframe can be extended if a judge deems it necessary. If a defendant is not forthcoming with paying a judgment, the plaintiff does have some recourse.

  • The plaintiff may ask the court to garnish the wages of the defendant. This means that a sum of money is taken out of every paycheck received by the defendant until the judgment is paid off.
  • If the defendant is suspected of lying about his or her financial situation, the plaintiff’s lawyer can conduct what is called post-judgment discovery. The process is similar to pre-trial discovery, but it focuses on finding and exposing the assets and finances of the defendant.
  • In some cases, a plaintiff may be allowed by the court to seize assets of the defendant (especially if the defendant is a business). These assets can be sold and the proceeds given to the plaintiff as part of the judgment payment. 

Your personal injury attorney can answer any questions you have about the judgment collection process, and can even continue to represent you after the verdict to help you actually get the money that was granted to you by the courts.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Mobile Devices and Las Vegas Personal Injury Lawsuits

On September 20, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

Cell phones, personal digital assistants, and similar mobile devices have all drastically changed the lives of Las Vegas residents. We can reach more people at different times in faraway places, send and receive ever-increasing amounts of data to help us work more efficiently, and we can socialize with our friends, family members, and acquaintances in a myriad of different ways.

But these devices have the potential to damage personal injury lawsuits.

“How?” you might ask. Well, I tell my clients they should not discuss their pending personal injury lawsuits with anyone. Despite that warning, some people think that one little cell phone call to their best friend or close relative won’t do any harm.

It’s important to remember that any such phone discussions, whether on a cell phone or a landline, can have negative repercussions. If the person you call isn’t as discreet as he or she should be, the subject matter of your conversation can find its way to the wrong set of ears. And that could come back to haunt you if the defense brings it up at trial.

But what’s even worse is texting sensitive information or inappropriate comments about a case to someone else. If that happens and the defense gets wind of it, they may be able to subpoena your phone records and get a copy of the actual text entered as evidence in your court case. It’s amazing how many people don’t know that phone texts can be recorded in a database operated by the wireless carrier. 

So if you are the plaintiff in a civil lawsuit, don’t use your cell phone to have a “private” (voice or text) conversation with someone about your case. Because like ships, civil cases can be sunk by loose lips.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Red Light Runner Kills Pedestrian at Crosswalk in North Las Vegas

On September 19, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

James Curtis Philips was headed to work and decided to cross the street at Craig Road and Berg Street in North Las Vegas. Tragically, he never made it across. A car ran a red light and smashed into him. Mr. Philips died at the scene. He was only 22 years old.

Police indicate the at-fault driver may have been distracted, according to ktnv.com. How they were distracted is still a mystery. Were they texting and driving or talking on their cell phone? Or did they simply look down at the wrong time and miss the light? We’ll have to wait and see what the accident report reveals.

My deepest sympathies go out to Mr. Philips’ family. Losing someone you love is devastating, but it’s especially heartbreaking when the loss is sudden. To make matters even worse, Mr. Philips was a young man with his whole life ahead of him. It is a tragedy in every sense of the word.

The crosswalk accident highlights the importance of keeping your eyes on the road. Far too many people suffer serious injuries or lose their lives in preventable accidents due to distracted drivers. In fact, close to 6,000 people were killed and over 500,000 people suffered serious injuries in distracted driving-related car wrecks, according to the National Highway Transportation Safety Administration. These numbers need to go down.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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Car Crashes Into Pizzeria in Summerlin

On September 18, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

Car accidents occur all the time on freeways, highways, and sidestreets. It is also not uncommon to hear about vehicles hitting pedestrians walking across roadways, in parking lots, and even on sidewalks. However, you wouldn’t expect to be involved in a motor vehicle accident while sitting in a restaurant.

Thankfully, that wasn’t the case in Summerlin this week, when a car smashed through the front window of a pizzeria. According to police, the driver of the vehicle accidentally pressed the gas pedal instead of the brake while in front of Eastside Pizza in the 1000 block of South Rampart Boulevard in Summerlin. The incident took place on September 15 at around 5pm.

Newspaper photos show glass strewn across part of the dining area of the restaurant. There is no word on the cost of the damages to the store itself. But it was just pure luck that no diners were sitting at a window table when the car crashed through the glass.

Had there been people hurt inside the pizza parlor as a result of the accident, the driver (who was not identified) would probably be held liable for injuries. In cases like these, the at-fault driverl who caused the accident  would be exposed to providing compensation for damages such as hospital bills, medical tests, ambulance charges, and recuperative therapy costs. A court might even award damages for pain and suffering or mental anguish to the victims as well. 

The chances of being struck by a car while dining are statistically very slim. But if that ever happens to you or our loved ones, contact a personal injury attorney at your earliest convenience.

About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in car accidents, drunk driver crashes, truck wrecks, slip and falls, taxi cab accidents, and bicycle crashes. He also has experience handling spine injury, product liability, underinsured/uninsured driver, and wrongful death cases. If you’ve been seriously hurt in an accident in Summerlin, North Las Vegas, Clark County, Henderson, Boulder City, Green Valley, or Pahrump, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

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