Discovery Process in a Personal Injury Lawsuit

On November 6, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

Let’s imagine you hired a personal injury attorney and just filed a lawsuit in Clark County. The next step in the process is the discovery phase of your case. But what exactly does that involve?

Generally speaking, there are three basic components of the discovery process which are utilized by both the plaintiff and the defendant.

Written interrogatories. These are lists of specific questions that your attorney will prepare for the defendants and/or witnesses in the case. Some of these will ask for generic information, while others may be written especially for this case. You will likely be required to answer written interrogatories submitted by the defense as well.

Document production. This is where both sides acquire all of the documentation necessary to prove their case. These documents range from medical bills to police reports and from internal e-mails to witness statements. Your attorney may request specific documents from the defense and vice-versa.

Depositions. This gives your attorney the opportunity to interview defendants and witnesses face-to-face on the record. Your lawyer will probably refer to the answers to the written interrogatories, but may also explore other topics and lines of questioning as well. Similarly, defense lawyers will likely depose you in the same manner.

The most important thing to remember about the discovery process is to be honest. Your attorney can’t advocate for you effectively if he or she does not know all the facts. And being dishonest or untruthful in the answers to the interrogatories or during a deposition can cast doubts upon your credibility if the case goes to trial. 

If you have any questions about the discovery process, your 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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Formulating a Discovery Plan for Your Personal Injury Lawsuit

On October 9, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

You have consulted with an attorney and have decided to pursue a personal injury lawsuit. Your lawyer has drawn up the complaint and has filed it with the appropriate court. The defendant has been notified of the lawsuit.

So what happens next? 

After the suit has been filed, both sides will begin preparing for the “discovery” phase of the case. Discovery involves gathering evidence and information about the incident, its participants, and its consequences. So you and your lawyer will have to formulate a “discovery plan.”

There are two basic parts of a discovery plan: an informal investigation and formal discovery.

During an informal investigation (much of which can be done even before the suit is actually filed), you and your lawyer might:

  • conduct informal interviews of witnesses or others involved in the incident
  • take photos of the scene where the incident occurred
  • collect documents related to your medical bills and lost time at work
  • establish whether the defendant is insured and to what extent

Formal discovery encompasses the legal processes leading up to a trial. This is when you and your lawyer would:

  • establish written questions (called interrogatories) that must be answered in writing under oath by the defendant
  • request that the defendant provide certain documents that are pertinent to the case
  • work with the defendant to establish which facts are true and which evidence is genuine
  • conduct a deposition where the defendant must answer specific questions orally and under oath 

If you have any questions about a discovery plan, an informal investigation, or formal discovery, your personal injury lawyer 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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Las Vegas Negligence Laws for Personal Injury Lawsuits

On August 24, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

When you file a personal injury lawsuit against another person or company, you will likely be entitled to damages if the defendant was completely at fault in an accident.

But what happens if both parties share blame for an accident?

The state of Nevada has fashioned its negligence laws to accommodate these types of situations. It’s called “comparative negligence.” While the actual legislation is complex, here are its two basic tenets:

  • The party who is more to blame for an accident cannot receive damages from the other party.
  • A plaintiff who shares partial blame for an accident will see his or her damages reduced in proportion to the amount of fault.

For instance, if a man were involved in an accident where he sustained $10,000 worth of property and injury damages but was determined by the courts to be 30 percent at fault, he would only receive $7,000 ($10,000 minus 30 percent of $10,000) in compensation from the defendant.

This situation arises more than you might think. Here are some potential scenarios where an injured party might be partially at fault for an accident.

  • A woman driving without her lights on at dusk is rear-ended on a Las Vegas street.
  • At a Green Valley warehouse store, a man walks into an area clearly marked “Authorized Personnel Only” and is injured when pallets of stored merchandise fall on top of him.
  • A teenager riding a skateboard is struck by a car in a Boulder City parking lot which is clearly marked with signs saying “No Skateboarding Allowed.”

Every case is different, so you should contact a qualified personal injury lawyer after an accident to see if you are entitled to compensation – even if you might be partially responsible. 

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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What Are Legal Duties of Care and Why Are They So Important For Your Personal Injury Case?

On June 2, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Las Vegas Personal Injury Lawyer

If you’ve been seriously injured in a car wreck on Interstate 215 (I-215), I-95, or any other road/highway in and around Vegas, you may decide to file a personal injury claim with the representation of a Las Vegas injury lawyer. If a lawsuit needs to be filed, a set of “proof requirements” will need to be properly completed in court in order for your case to prevail.

A key element of negligence that must be proven deals with the concept of the legal duty of care.  When the at-fault driver is sued for injuries that were caused by their negligence or recklessness, the court must find that the driver owed a legal duty of care to the plaintiff (i.e. you).  In general, every driver owes this legal duty of care to the following people:

  • Other drivers on the road
  • Any passengers in the vehicle
  • Pedestrians trying to cross the street and on sidewalks
  • Bike and scooter riders who are nearby 

Essentially, a driver who was negligent owes a duty of care to not place someone in an unreasonable situation of harm to anyone who they could have foreseen as potentially being harmed by their reckless or negligent driving.

Negligent drivers aren’t the only ones who have a duty of care. Car manufacturers also owe a duty of care to those who will be using their cars, trucks, SUVs, and motorcycles on public roads. This duty of care extends to the person who purchases the vehicle and to anyone inside the vehicle when a serious accident occurs. But this legal duty of care also extends to anyone else who suffers a serious injury as a result of someone driving a defective vehicle. 

Take, for example, someone properly operating a defective vehicle, and the defect (e.g. brake failure, sudden acceleration, electrical malfunction) results in a major accident that injures a pedestrian crossing the street or another driver. The automobile manufacturer could be liable for damages to those other people even though they did not purchase the vehicle in question.

The duty of care standards can be somewhat complicated, which is why it’s wise to consult with an injury attorney. Give me a call for a free, no-hassle consultation so we can explore your legal options.

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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Personal Injury Claim Can Be Ruined by “Little White Lies”

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

By Farhan Naqvi, Summerlin Injury Lawyer

If you’ve hired a Las Vegas personal injury lawyer to handle your injury claim, don’t hold anything back. Tell your lawyer everything. It is crucial. Why? Because if you hold back relevant information or decide to tell a “little white lie” about the cause of your injury or anything else, it could wreck your personal injury case.

Insurance defense lawyers look for anything to try and discredit your case. Even the smallest variance in your testimony or description of what happened can leave an opening for the other side to try and portray you as someone not to be believed. If it is determined you did fabricate a fact or made an intentional misstatement, the judge can order a “Falsus In Uno” which means the jury can disregard a portion, or all, of your testimony.

What I commonly encounter are clients who say, “I wasn’t lying, I just didn’t think that fact or tidbit was important.” It’s understandable, especially since even the smallest piece of information can be manipulated by a defense lawyer. This is why you need to leave it all on the table with your lawyer. Don’t hold anything back, even if it is something random like a gym membership or an unpaid department store credit card.

You might feel a little uneasy about sharing personal information with your lawyer, especially at the beginning when you haven’t really developed a strong relationship. Rest assured, your information is safe. The law provides “attorney-client” privilege which means that whatever you share with your lawyer remains between you and your lawyer.

Being upfront and completely honest with your lawyer will not only help prevent your case from getting torpedoed in court, but it can actually strengthen it. How? Well, the more information you provide to your lawyer, the more avenues are available for your lawyer to build your case and ensure there are no holes available to defense lawyers during settlement negotiations or at trial.

So remember – honesty and transparency are always the best policy.

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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What To Do If You Get Injured in Commercial Truck Accident

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

By Farhan Naqvi, Las Vegas Lawyer

More than half a million truck accidents occur each year in the United States. In fact, one out of every eight traffic deaths involves a trucking wreck, according to the Department of Transportation. In Nevada, there were nearly 500 fatal truck crashes, according to the National Center for Statistics and Analysis.

truck, wreck, accident, crash, injury, injuries, trucks, accidents, Las VegasTo make matters worse, a massive commercial truck versus a compact car usually results in the driver/passenger(s) in the car taking the brunt of the damage in the accident. This means you’re likely to suffer a serious injury and have your car totaled if you wind up getting hit by a commercial truck.

But if you file a personal injury claim against the at-fault trucker, be prepared for a major challenge. The moment a commercial trucking company is alerted one of their trucks was involved in a wreck, they send out a team of lawyers and adjusters to survey the accident scene. Their goal – find anything that will enable them to reduce or deny your legitimate injury claim.

This is why you need to need to consult with an attorney as soon as you can after the crash. The faster you retain legal counsel, the faster we can get out to the accident scene and make sure no vital information suddenly goes “missing” or is altered.

Trucking companies are required by law to keep detailed driver logs and maintenance records. In addition, many trucks carry black boxes that can record valuable data about driving habits and what may have caused the wreck. The sooner we can review this data, the sooner we can start building your case and make sure we’re ready for the trucking company’s defense tactics.

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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