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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Sudden Infant Death Syndrome (SIDS) and Baby Positioners

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

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

October is Sudden Infant Death Syndrome (SIDS) Awareness Month. The motivation behind the event is to promote awareness of SIDS, which is the leading cause of death among infants between the ages of two and four months.

Scientists have not determined the exact cause of SIDS, but they have discovered links to certain risk factors. One of these factors is putting the baby to sleep on his or her stomach or side. That’s why physicians recommend that Las Vegas parents position their infants on their backs when they sleep.

In an effort to prevent SIDS, some companies developed what they called “sleep positioners” which were ostensibly designed to keep babies on their backs while sleeping. Unfortunately, these bolster-like products were reportedly causing suffocation problems for the infants who were using them. As a result, the Consumer Product Safety Commission and the Food and Drug Administration have both recommended that parents avoid these sleep positioning products.

In addition, a lawsuit has been filed against eight manufacturers of these sleep positioners, and it may soon reach class-action status. Plaintiffs allege that the manufacturers have no scientific evidence that these products reduce the chance of SIDS, and that the defendants engaged in fraudulent and deceptive marketing practices to promote them.

The companies listed in the lawsuit are:

  • Baby Delight, Inc.
  • Dex Products, Inc.
  • Kid Brands, Inc. (d/b/a Sassy)
  • Kiwi Holdings, Inc. (d/b/a Basic Comfort)
  • Learning Curve Brands (d/b/a The First Years Company)
  • Munckin, Inc.
  • Prince Lionheart, Inc.
  • Summer Infant, Inc. 

If you have purchased one of these sleep positioners for your baby, you should stop using it immediately. If your infant has been hurt by one of these sleep positioners or any type of baby product, you should contact a product liability attorney to see about holding these manufacturers accountable.

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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Personal Injury Lawsuits and the Down Economy

On October 4, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

I don’t have to tell you about all the problems that our sluggish economy is causing in Las aVegas and across the nation. In our region, the housing market is way down, unemployment is high, and many residents are leaving Las Vegas in search of greener pastures.

During these rough economic times, some people have expressed the following sentiment to me when they discover that I am a personal injury lawyer:

“It seems that people are more likely to hire a lawyer and file a lawsuit when the economy is weak. That’s because many people are experiencing financial difficulties, so they may see a settlement as another way to get money – and they may be more likely to file suit over a dispute than to let it pass or resolve it on their own.”

Here’s my opinion on that view: when you engage my services, it is my duty and responsibility to give you the most effective and vigorous representation that I can provide regardless of outside factors like your financial situation or the economy.

If you just got laid off from your job and then got injured in a car accident while driving home, I would provide you with the same level of service than if you had gotten promoted to your dream job. If you just lost your life savings at a Las Vegas casino and was then struck by a car while crossing the Strip, I would defend you just as enthusiastically as I would had you won the $100,000 Progressive jackpot while playing the slot machines. 

While I cannot speak for everyone who files a personal injury lawsuit, I can tell you that the quality of your experience as my client will not be affected by economic conditions at all. That is my promise to 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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Father Plans to Sue Police After Death of Son

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

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

It appears that a deadly police shooting in Summerlin will soon wind up in civil court.

On September 28, a coroner’s inquest found that Metro police’s fatal shooting of Erik Scott outside a Costco store was justified. The verdict prompted the victim’s father, Bill Scott, to declare that he would soon be filing a lawsuit against Metro Police, the Clark County Sheriff’s office, the county itself, and Costco.

A seven-member Clark County coroner’s inquest jury unanimously ruled that Metro officer Thomas Mendiola was justified in the shooting. Mendiola and other officers testified that they saw Scott reaching for his gun, which was under the back of the victim’s shirt. After Scott was shot, the officers discovered that the weapon Scott had produced was still in its holster.

It may be tempting to conclude, “Well, since the coroner’s inquest cleared the police of wrongdoing, there’s no point in filing a civil suit.” But that’s an incorrect assumption.

A coroner’s inquest is significantly different from a criminal or civil trial. At a trial, both the prosecution or plaintiff and the defense have a chance to argue their side of the story in court. At an inquest, only the district attorney is allowed to present a case before the jury renders its verdict. So the jury only hears one side of the narrative.

Bill Scott claims that his son was walking to the parking lot when he was “ambushed” by three officers who aimed their weapons at him. The elder Scott maintains that his son was simply reaching for his gun in order to surrender it to the police when he was fired upon. 

If a wrongful death lawsuit is filed and the plaintiff wins, a jury may award compensation which may include burial and funeral expenses, lost future income, damages for pain and suffering of family members, and possibly even punitive damages.

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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Concussion Causes and Side Effects

On October 1, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

This football season, there seems to be extra media attention focused on concussions and their effects on players. In fact, the National Federation of State High School Associations adopted a rule for all high school football games in Clark County and the rest of the nation for the 2010 season stating that players who show symptoms of a concussion are not allowed to return to the game (or practice) until they are evaluated by a health care professional.

But concussions can occur in many places other than the football field. Both kids and adults can sustain concussions while playing soccer, riding bicycles or motorcycles (especially without helmets), skateboarding, jumping on a trampoline, or even just running around in a yard. All it takes is a sharp blow to the head to cause a concussion.

Common symptoms of a concussion include:

  • Losing consciousness for several seconds or longer
  • Headaches that won’t go away
  • Trouble walking easily or speaking clearly
  • Nausea or vomiting
  • Dilation of pupils
  • Drainage of blood or clear fluid from the nose or ears
  • Constant sleepiness or wooziness
  • Confusion, irritability, or similarly drastic changes in behavior
  • Numbness or weakness in the arms or legs
  • Convulsions or seizures

If you suspect that someone you love has suffered a concussion, you should take him or her to a doctor immediately. It is vital that a health care professional determines that the injury is a simple concussion and not a more serious traumatic brain injury. 

If you feel that the concussion was due to someone else’s negligence or recklessness, you may consider hiring a personal injury lawyer after your loved one has received the proper medical attention.

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 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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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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