Clark County Dropped From Wrongful Death Lawsuit

On June 10, 2011, In Uncategorized, By admin

By Farhan Naqvi, Personal Injury Lawyer in Nevada

In a wrongful death lawsuit, it is not uncommon for the plaintiff to name several different defendants in the suit. That’s because in many cases, the cause of someone’s death may involve more than one person or entity. Throughout pre-trial motions, a judge often considers whether or not all of these defendants should be involved in the lawsuit. And sometimes, the judge decides that they shouldn’t – and dismisses them from the suit.

That’s what happened this week in an ongoing wrongful death lawsuit stemming from a shooting death of a man by police at a Costco store in Summerlin last July. In that incident, Metro Police responded to a 911 call that a man with a gun was causing a disturbance at the store. Erik Scott came out of the store, and police shot and killed him because they thought he was threatening them. A coroner’s inquest later determined that the shooting was justified, but the family disagreed and filed suit.

The original lawsuit in federal court named the individual officer, Metro Police, Costco, a Costco security officer, and Clark County as defendants. Later, the family voluntarily dropped the retailer and the security officer from the suit but maintained the right to sue them in state court at a later date.

Yesterday, U.S. District Judge Edward Reed, Jr. ruled that Clark County should also be taken off of the list of defendants. Reed said that even though Metro Police is technically under the oversight of Clark County, the county does not have direct responsibility over the training or conduct of the police officers. Metro Police and the individual officer are still parties in the wrongful death lawsuit.

This ruling has implications on future lawsuits which may target Metro Police. If the precedent holds, then other plaintiffs who sue Metro Police may not be able to name Clark County as a co-defendant in those suits.

o   About the Editor: Farhan R. Naqvi is a Las Vegas personal injury lawyer who has experience representing victims injured in motorcycle accidents, car accidents, drunk driver crashes, auto pedestrian accidents, 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.

Tagged with: • • • • • • • •
 
0 Comments
Leave A Response

Bicycle Accident Injury – How to Determine Liability

On November 5, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

People in Clark County, Pahrump, and Summerlin  love to ride their bicycles. The abundance of bike paths and trails coupled with a temperate climate all year long provide an excellent bike-riding environment for people in the Valley. Unfortunately, this sometimes leads to accidents involving bikes and cars, SUVs, and trucks.

Generally speaking, bike riders and drivers must both obey the laws of the road and also share the roadway (unless it has specifically marked bike lanes). So if a bike rider and a motorist are involved in an accident, the bike rider must show two things in order to collect damages in a personal injury lawsuit.

1. Did the driver’s negligence or recklessness directly result in the accident and injuries sustained by the bike rider?

If the driver ran a stop sign, made an illegal turn, changed lanes into the bicyclist, or drove at a speed above the posted speed limit, there could be grounds for negligence or recklessness (especially if he or she was cited by a police officer for such an infraction). But this allegation would likely have to be supported by evidence like witness statements, tire skid marks, or traffic camera footage in order to convince a judge or jury.

2. Did the bike rider actively or through negligence contribute to the accident?

If the bike rider turned abruptly in front of the vehicle, ran a stop sign, or rode the wrong way on a one-way street, then this could be presented as evidence of the cyclist’s responsibility in causing the accident. If this is the case, the bike rider may be held partially (or fully) liable in the cause of the accident, which may result in reduced damages (or no damages at all) awarded by a court. 

If you have any questions regarding a bike-car accident, you should consult with a qualified bicycle accident 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.

Tagged with: • • • • • • • •
 
0 Comments
Leave A Response

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.

Tagged with: • • • • • • • • • •
 
2 Comments
Leave A Response

Car Crashes Into Pizzeria in Summerlin

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

By Farhan Naqvi, Personal Injury Lawyer in Las Vegas

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

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

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

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

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

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

Tagged with: • • • • • • • •
 
0 Comments
Leave A Response

Work Accident Deaths and the Wrongful Death Litigation Process

On June 21, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Wrongful Death Lawyer in Las Vegas

What if a forklift operator in a Summerlin warehouse is killed when a five-story shelving unit falls on him?

What if a construction worker dies from injuries sustained during a building collapse in Green Valley?

What if a lab worker in Boulder City suffocates due to exposure to toxic fumes released during a laboratory accident?

Can any of their heirs sue their employers for wrongful death?

If any of these workers were covered under their companies’ workmen’s compensation insurance, then in most cases their families are not allowed to sue their employers for wrongful death.

However, if these individuals were contractors as opposed to full-time employees, then they may be entitled to damages from a wrongful death lawsuit.

In addition, if a third party was determined to be the cause of the accident in any of the above scenarios, then this party can be sued for wrongful death by the loved ones of the decedents.

Hopefully, you will never need to file a lawsuit for wrongful death against anyone. But if you must do so, here are some suggestions for bolstering your case:

  • Compile, preserve, and organize whatever evidence that can help your case.
  • Make sure that the workplace accident is investigated – either by a government agency or an independent party.
  • Assemble employee accounts and witness statements of what happened before, during, and after the accident.

A qualified personal injury attorney can help you not only file a wrongful death lawsuit, but also with navigating the investigatory process pertaining to the workplace accident. 

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.

Tagged with: • • • • • • • •
 
2 Comments
Leave A Response

Five Mistakes Commonly Made After a Car Accident

On June 8, 2010, In Nevada Personal Injury Information, By admin

By Farhan Naqvi, Las Vegas Car Accident Attorney

When people are involved in a car accident, they are usually not thinking clearly. They may feel injured, frightened, or ashamed. As a result, they may say or do things that are counterproductive or are not in their best interests.

Whether you have been rear-ended in Henderson, sideswiped in Summerlin, or plowed into in Pahrump, here are five common mistakes you need to avoid after being involved in a car accident.

1. Not Getting Medical Care

If you’re not seriously injured, you still need to see a physician to get treatment. Not only will your health suffer if you eschew medical care, but you also won’t be able to collect damages if there’s no official record of your injuries.

2. Not Getting Evidence

You can’t just tell a court or insurance company that you were in a “nasty accident.” You will have to prove that you are entitled to relief and reimbursement. This may mean assembling witness statements, police reports, and photos of your injuries as well as the accident scene.

 3.Revealing Too Much to the Insurance Company

Insurance companies may tell you that they need certain information in order to process your claim properly. Sometimes this is true, but sometimes it isn’t. You don’t want to reveal information that can be used against you in court. (Personal injury lawyers can help you navigate this process effectively.)

4. Settling Claims Too Quickly With Insurance Companies

You may be tempted to sign something just to get a quick check and put the whole ordeal behind you. Don’t do it. Insurance companies survive by paying out the smallest amount of money they can on any given claim. Often, the settlement amount may not be sufficient given the facts of your case – and you can’t ask for more money after the claim has been settled.

5. Not Collecting From Everyone Involved

You may think that the only entity you have to deal with is the other driver’s insurance company. But you may also have a claim against the driver’s employer, other motorists who were involved in the accident, or even the property or municipality where the accident occurred. A personal injury lawyer will be able to help you determine this as well.

Whenever you’re in an accident, it is wise to contact a personal injury lawyer. They can assist you in getting reimbursements for medical costs and other compensation to which you are entitled.

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.

Tagged with: • • • • • • •
 
2 Comments
Leave A Response

Insurance Policy Loopholes Becoming More Common

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

By Farhan Naqvi, Las Vegas Injury Lawyer

Most insurance policies are written in tough-to-understand legal jargon which can frustrate residents of Summerlin, Las Vegas, Clark County, etc. But you need to understand what is in your policy because what is says, and does not say, could play a major role in the compensation you receive (or not receive) after suffering a serious injury from an accident.

The trend nowadays is insurance companies slipping tough restrictions and exemptions into that hard-to-understand language of their policies. There are many instances where the restrictions and exemptions are contradictory to the type of insurance coverage being purchased, and in some cases, make your coverage virtually worthless. You could argue that these policies are basically profit engines for the insurance company.

There are two common scenarios where someone finds themselves covered by a “near-worthless” insurance policy. The first scenario, and growing in commonality, is purchasing insurance online. This is extremely convenient and could save you some money initially, but you could be deprived of all the intricate details in your policy. The second scenario is actually speaking to an agent, but the agent fails to give you all of the facts and slips in very important provisions in the “fine print.”

Take, for example, Uninsured and Under Insured Motorist (UM/UIM) coverage. Many people believe when they purchase UM and UIM coverage that if they are seriously injured by a hit-and-run driver or someone who does not have adequate insurance, they will be compensated through this coverage. However, some insurance companies are starting to restrict and exclude certain situations and circumstances from this type of coverage. A common restriction starting to appear is coverage only applies if you are involved in an accident in your car, not a friend or relative’s car. This is despite the fact that most people believe they will have UM and UIM coverage regardless of what vehicle they are in at the time of the wreck.

If you’ve been seriously injured in a car accident, truck wreck, or any other accident  and are having trouble with your insurance company, give me a call right away. I deal with insurance companies on a daily basis and understand how to combat some of their common strategies to reduce or deny your injury claim.

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.

Tagged with: • • • • • • • • • • • • • •
 
2 Comments
Leave A Response

How Las Vegas Insurance Companies Value Property Damage on Your Wrecked Car

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

By Farhan Naqvi, Las Vegas Personal Injury Lawyer

You’ve been involved in a car crash in Las Vegas, Summerlin, Boulder County, or some other part of Nevada and, on top of suffering a serious injury, your car is totally wrecked. What should you do? How do you get a rental car? Who will pay to repair your car? These are all very important questions and you deserve answers.

car, accident, Las Vegas, Summerlin, Clark County, Nevada, injury, injuries, wreck, crashFirst and foremost, you should understand that the insurance company will view the property damage claim on your wrecked car and your personal injury claim as two separate claims. Nevertheless, you should not discuss your injury claim with the property damage claim adjuster.  Why? Because even though these adjusters work in different departments, they work for the same insurance company. This means, if you divulge sensitive information, it could be used against you in the personal injury claim process.

But before you file an injury claim, you need to get to your home, apartment, or hotel. This is where getting a rental car comes in to play. You have three options when trying to get a rental:

(1) Contact your insurance company to see if you have rental car insurance and then have them arrange getting the rental car for you. They’ll probably use the subrogation clause of your insurance contract to get reimbursed by the at-fault driver’s insurance policy. This is usually the quickest method of obtaining a rental car.

(2) Wait until the at-fault driver’s insurance company opens a claim and accepts liability (i.e. responsibility) for the accident. This takes longer. In fact, it could take weeks.

(3) Rent a car with a credit card and seek reimbursement once liability is accepted by the at-fault driver. The problem with this option is that you expose yourself to being on the hook for the rental car if the at-fault driver is uninsured or denies liability and makes you go through a lengthy litigation process.

What happens if your car is totally wrecked and can’t be repaired? Well, unfortunately, Nevada law does not require payment of “replacement value” just “fair market value.” This means you’re at risk of receiving some compensation to purchase a new vehicle, but it’s not enough to replace the real value of your wrecked car.  This presents a problem since some people owe more on a car than it is actually worth.  This may mean you have to make payments on a totaled car. A solution to this problem is to carry GAP insurance. This type of insurance will pay any remaining balance on your loan if your car is wrecked. I would recommend purchasing this insurance if you are making monthly payments on a car.

If you’ve hired a lawyer to handle your personal injury claim, feel free to discuss your property damage claim (you have attorney-client privilege so no worries about sharing sensitive information) and see what your legal options are to ensure maximum compensation.  We assist all our clients with their property damage issues free of charge.

About the Editor: Farhan R. Naqvi is a Nevada 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, give Farhan a call at 702-553-1000 for a free, no-hassle consultation.

Tagged with: • • • • • • • • • • • •
 
0 Comments
Leave A Response

personal, injury, lawyer, las vegas
 

 

 
Go To Top »
PageLines Themes