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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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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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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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.

ring, recall, lead, injury, injuries, Las Vegas, mood ring

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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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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Facebook and Personal Injury Lawsuits in Las Vegas Do Not Mix

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

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

Facebook has become ubiquitous in our country today. It’s a social phenomenon. Millions of American citizens, businesses, and groups all have a presence on the popular site (even I have a page! Feel free to friend me!). However, many of us are now discovering that Facebook can also be a liability when used inappropriately.

I thought about this when I came across a story about the removal of a juror from a criminal case in Michigan. Apparently, Hadley Jons wrote on her Facebook page that it’s “gonna be fun to tell the defendant they’re guilty.” Of course, jurors are strongly warned not to discuss a criminal case they are deciding (much less post a comment about it on a social forum). Jons has already been removed from the case and may face contempt of court charges.

As far as my practice is concerned, I also inform my clients that they should not discuss the details of their lawsuit with anyone else. The reason is because if those types of comments got back to the defense, they could be used against my client in court.

Obviously, if such comments appeared on a Facebook page, anyone in the world could potentially see them (in fact, in the Michigan case the inappropriate material was discovered by the son of one of the defense lawyers). Depending on the exact nature of the comments, any defense lawyer could either use them as evidence to erode my case or portray my client as hostile, vengeful, or boastful in front of a jury. 

If you have been wronged by someone else and think that filing a lawsuit might help, feel free to call or email me and we’ll set up a free consultation. But whatever you do, don’t let loose lips sink your case before I get a chance to argue it.

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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Phases of a Las Vegas Personal Injury Lawsuit

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

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

People often wonder if they should file a personal injury claim to seek compensation for their injuries. Sadly, some are so intimidated by the entire legal process that they choose not to do so.

Intimidation frequently stems from ignorance. In other words, the more you know about the process of filing a lawsuit, the less likely you are to feel threatened by it.

With that in mind, I will now provide a brief synopsis of the phases of a Las Vegas personal injury lawsuit.

First consultation. You make an appointment to speak with a personal injury attorney. He or she listens to your situation and ask questions. If the lawyer accepts your case, you sign a retainer agreement.

Filing papers with the court. Your attorney files your complaint with the Clark County Court and a summons is issued to the defendants declaring that they are being sued.

Discovery. During this fact-finding stage, your attorney questions witnesses in writing and/or face-to-face in depositions. Documents pertaining to the matter are also requested for review.

Hearing of pretrial motions. Both sides’ attorneys appear before a Clark County judge to hash out any procedural issues pertaining to the case (evidence, venue, witness relevance, etc.)

Negotiating a settlement. Most cases do not proceed past this phase. The two sides usually meet in an effort to determine a fair settlement for your injuries without going to trial. Your attorney may advise you on this, but you have the final say as to whether or not to accept any settlement.

Trial proceedings. You and your attorney appear in court along with the defendants and their legal team. Both sides have the opportunity to argue their case, question and cross-examine witnesses, and discuss evidence. A judge or jury then renders a verdict.

Judgment collection. If you are awarded a judgment, then you and your attorney initiate proceedings to collect the money you are entitled to.

Appeals process. If you are not satisfied with the verdict, you have the right to appeal it to a higher court (as do the defendants). The appellate court may or may not choose to grant that appeal.

Hopefully, this sheds some light on the phases of a personal injury lawsuit and demystifies the entire process somewhat. If you have any questions about any of these phases, your personal injury lawyer can 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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