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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When To Appeal a Trial Verdict

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

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

So many personal injury lawyers talk about all of their successful settlements and big jury verdicts. But here’s the truth – sometimes a case doesn’t go our way and the client does not get the outcome they were hoping for when they decided to pursue damages through a personal injury lawsuit. is not what you were hoping for? It’s a very difficult situation, but an adverse decision isn’t the end of the fight.

The law provides an avenue for appeal in most civil cases if you or the defendant chooses to exercise that option. But in order for this request to be granted, your attorney must have adequate grounds for appeal. Grounds means that some part of the case or proceedings deserves to be reviewed by a higher court. (Dissatisfaction with a verdict is not adequate grounds for appeal.)

It is important to keep in mind that just because you appeal a verdict, another court may deny that appeal – often without a solid reason. Even if your appeal is successful, the higher court may simply order a new trial instead of rewarding you more money – meaning you’ll have to start the entire legal process over again.

That’s why you may want to consider forgoing an appeal of your trial’s outcome – especially if you received some amount of compensation from the original verdict. Given the amount of time the legal process has taken out of your normal life already, it may be best for you and your family to put the ordeal behind you and go on with your life.

This is where the expertise of your personal injury attorney is especially valuable. If we believe you have a solid chance of getting a better outcome by filing an appeal, the additional time and effort (and legal fees) may be worth it. On the other hand, if an appeal probably won’t change the result, then you should consider accepting the verdict and move on. But even though your attorney can offer you advice on whether or not to appeal, the decision is ultimately yours to make. 

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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Trailer Accidents in Las Vegas

On August 27, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

The Federal Motor Carrier Safety Administration carefully regulates all trucking companies and their loads to make sure they are safe and secure. But what about trailers being pulled by vehicles driven by private citizens?

trailer, trailers, accident, crash, wreck, I-15, injuryNevada law stipulates that every driver is responsible for the contents of a load that is being towed on a trailer, as well as the roadworthiness and security of the trailer itself. If an unsecured load or improperly-attached trailer causes an accident, the driver is liable for any injuries or property damage that may be incurred by other motorists.

Unfortunately, such accidents are all too common. On the afternoon of August 22, a personal watercraft fell off of a trailer that was being pulled by a vehicle causing a five-car accident on Interstate 15 (I-15) near Sahara. According to the Nevada Highway Patrol, several people suffered injuries and were taken to a nearby hospital.

This trailer accident is the kind that often results in a personal injury lawsuit against the driver. As with 18-wheelers, many motor vehicle accidents involving spilled contents are caused by:

  • a trailer or pickup truck bed that is overloaded
  • improperly secured loads
  • loads that shift during transport
  • traveling at an unsafe speed
  • bad weather

It is also important to remember that someone other than the driver may have secured the trailer or loaded the vehicle (such as a moving company or rental firm). If this is the case, that party might also be liable for any damages caused by an accident.

If you have been injured in an accident caused by the spilled contents or unfastened trailer of another motorist, you should contact a personal injury lawyer as soon as possible. 

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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How to File a Property Damage Claim After an Auto Accident

On July 11, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Car Accident Lawyer in Las Vegas

Whether you’ve been involved in an car accident on the Las Vegas Strip, a Pahrump sidestreet, or on Interstate 15 (I-15), you’ll need to file a property damage claim with an insurance company in order to receive funds to cover vehicle repairs.

The first issue you must address is which driver was at fault. If another driver caused the accident, you can choose to file the claim under his or her insurance policy. However, you may not get enough money to offset your repair expenses. If the other driver’s insurance policy has a maximum coverage limit that is less than your repair bill, you will have to make up the difference. Nevada drivers are only required to maintain $10,000 worth of property damage coverage on their auto policy.

It may be more cost-effective to opt for filing a property damage claim with your insurance company if you have higher insurance coverage limits for your vehicle. But you will still have to pay a deductible, which is usually between $100 and $1,000. And your insurance company may use the accident as a reason to increase your premiums in the future.

Before notifying an insurance company about your accident, get two or more written repair estimates, a copy of the accident report filed by police, and any invoices related to storage, towing, or rental expenses if applicable. If the total damages to your vehicle surpass 80 percent of its value, then the insurance company will total it.

If you feel that you are not getting proper compensation after filing your property damage claim, consider contacting a car accident 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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UPDATE: Awareness of Gel Manicure Dangers Growing

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

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

I first told you in June about how gel manicures can cause nerve damage. Now, it seems that people around the country are starting to become aware of this problem. 

A woman in neighboring Utah found out the hard way. Earlier this year, Jane Ubell-Meyer treated herself to a gel manicure at a Salt Lake City salon – or so she thought. Jane now suffers from continuous pain in her thumb. She says that whenever anything touches her thumb – or even when air blows on it – it feels like a painful electric shock in her extremity. Jane has been to five physicians, but has not received any relief from her injury.

What happened? While Jane’s nails were being harshly filed, the edges of her fingertips were scuffed. This was followed by the application of a gel-like substance to her nails which hardened when her hands were placed under an ultraviolet light.

With true gel manicures, the material that is brushed onto the nails is non-toxic and harmless to the customer. But some salons use a different mixture which contains damaging chemicals. These chemicals can seep through the skin of the scuffed fingertips and can cause irritation, swelling – and even nerve damage.

How can you prevent this from happening to you?

If you are getting a gel manicure, ask the technician to tell you what’s in the gel polish she is using. The gel should be free of any dangerous chemical compounds. Be wary of those technicians who don’t know or don’t want to answer your question.

If you think that you have been the victim of a “fake” gel manicure and have suffered pain or discomfort as a result, you should contact a personal injury attorney.

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 Truck Wreck and the Personal Injury Claims Process

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

By Farhan Naqvi, Truck Accident Lawyer in Las Vegas

Here’s a scenario: let’s say you are traveling along a Las Vegas highway in your vehicle, when a tractor-trailer unexpectedly swerves into your lane and causes an accident. Because you suffered injuries in the truck wreck, you decide to file a personal injury lawsuit against the trucking company.

Now, the question: does the truck’s cargo have any relevance to the damages in your case?

The answer? Yes and no.

Under the letter of the law, the type of cargo being hauled by a truck should not directly impact the amount of damages to which you are entitled. Those damages are based on traditional factors such as medical bills, property damage, lost wages from work, pain and suffering, and so on. Unless the cargo itself contributed to your damages directly (for instance, if spilled cargo caused damage to your vehicle or additional injuries to you), then it does not factor into the compensation equation.

But the answer to above question is somewhat different in practice.

To understand why, we must first look at the different federal regulations which govern various types of trucking cargo in the U.S. As with passenger vehicles, tractor-trailers are required by law to maintain a minimum amount of liability coverage at all times. But this minimum financial responsibility varies according to the type of cargo being transported.

Federal rules dictate that any tractor-trailer carrying nonhazardous materials must have at least $750,000 in insurance or surety bonded coverage. For trucks hauling certain substances such as petroleum, that minimum amount rises to $1 million. However, any company that transports substances that are classified as hazardous by the federal government must obtain coverage which provides financial responsibility of no less than $5 million.

So what does this have to do with your accident? As a rule, the dollar amount of trucking company coverage affects any accident claims the company may have to pay out. In other words, the higher the minimum financial responsibility amount of a truck involved in an accident, the larger the damage award will be to the victimized motorists if the trucking company is found to be at fault.

An experienced personal injury attorney will be able to figure out the minimum financial responsibility required for the tractor-trailer that was involved in your accident – and then leverage that result to help you collect as much compensation as you deserve. 

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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Rotator Cuff Injuries

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

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

If you trip and fall in a public place or private building, there are many different types of injuries that you can sustain. But one part of your body that you may not associate with slip and fall accidents is your rotator cuff.

If you follow athletics, you may have heard about competitors injuring their rotator cuff while playing sports such as baseball, tennis, bowling, or golf. The rotator cuff is defined as the group of tendons and muscles which attach your shoulder blade to your upper arm. When functioning properly, the rotator cuff gives your shoulder more range of movement than any other joint throughout the body.

But when your rotator cuff is strained or torn, you can not only see decreased range of motion but also feel substantial pain in your shoulder. Serious rotator cuff injuries may require physical therapy, steroid injections, or even surgery.

And when it comes to slip and fall accidents, rotator cuff injuries are more common than you think. When people start to lose their balance, their instinct is often either to grab for a nearby rail or support or to put their arm down to brace their fall. Either action can lead to an awkward strain on your shoulder and result in a rotator cuff injury.

You could potentially injure your rotator cuff in a fall caused by:

  • Wet supermarket floor in Henderson
  • Poor lighting in a Green Valley movie theatre
  • Broken concrete on a walkway outside a Summerlin apartment building
  • Torn carpeting in a Las Vegas casino
  • Broken or absent handrails in a stairwell of a Boulder City office building

In addition to constant pain, symptoms of a rotator cuff injury include an inability to lift heavy objects, reach above your head, put weight on your shoulder, or even carry out daily activities like dressing yourself or combing your hair. If you suspect that you have a rotator cuff injury that was caused by a slip and fall accident, consider contacting a qualified personal injury attorney.

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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Structured Settlements from a Las Vegas Personal Injury Lawsuit

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

By Farhan Naqvi, Las Vegas Personal Injury Lawyer

It is wise to file a personal injury lawsuit if you were hurt due to someone else’s neglience or carelessness. However, you should be aware that some lawsuits in Nevada never see the inside of a courtroom.

That’s because it is common for plaintiffs and defendants to reach a settlement agreement before the case goes to trial. In some instances, the defendant will receive what is known as a structured settlement.

Structured settlements are arrangements where the recipient is paid a sum of money on a regular basis over time – as opposed to a traditional settlement where the defendant pays out a lump sum disbursement. These payments are generally made on a monthly, quarterly, or annual basis.

A structured settlement is often preferred if your injuries are serious and will require lengthy medical care. For example, let’s pretend that a man from Clark County was struck by a bus while crossing a street and both of his legs suffered multiple fractures. He might require a series of surgeries before he can return to optimum health. So a structured settlement could help him ensure that funds are available to pay for all of his operations.

There are pros and cons to structured settlements. This type of arrangement can be set up exactly the way you want it, and usually most (or all) of the payments are not taxable by the federal government. On the other hand, if you feel that the defendant will refuse to pay part of the settlement at a later date, or of you want the money up front so you can invest it wisely over time, then you might prefer a lump sum payment.

Your personal injury attorney can answer your questions and offer advice about whether you should accept a structured settlement offer.

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 are Future Damages Calculated in a Wrongful Death Lawsuit?

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

By Farhan Naqvi, Wrongful Death Lawyer in Las Vegas

When determining how much compensation you are entitled to in a wrongful death lawsuit in Nevada, the court examines several different factors. The hospitalization, medical care, and burial costs incurred by your loved one are computed as part of the damage award. But a large component of your ultimate payout is based on what is known as future damages.

As the name implies, future damages represent the amount of money that your family member would have been worth had the untimely death not occurred. These damages include how much wages or salary the decedent would have earned at his or her job over a lifetime of work. But future damages also take into account concepts which are harder to quantify, such as pain and suffering of family members and loss of consortium and companionship.

However, in order to come up with an accurate figure, these damages must be filtered through a present value calculation. Present value embraces the assumption that a given amount of money today would be worth more in the future (because it is assumed that it will earn interest over time).

Here are the steps to computing present value:

  • Determine the total amount of future damages involved in the case.
  • Estimate a probable rate of return as well as the number of years that the person would have lived had the accident not occurred.
  • Consult a present value table to figure out a percentage value of what the future earnings are worth today.
  • Multiply the total amount of future earnings by the percentage value.

As you can see, the calculation of future damages is complex. But your personal injury attorney has access to resources and experts who can help with this process.

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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