The Nevada judicial system has continued to refine its attempt to route smaller cases (generally those with a value of under $40,000) away from district court jury trials and through a series of alternative dispute resolution programs.In Washoe County, Nevada, there are two basic choices in cases of this nature.First, parties can proceed through arbitration. In this form of alternative dispute...
I've long had the idea that it's best not to go to the hospital at night or on weekends. It's clear that in Nevada, like many states, hospital staffing levels differ between day and night, weekend and weekday. If you are seriously ill, I strongly urge you to have a friend or relative stay with you overnight during your hospitalization. While this may be extremely burdensome, or simply...
I like to tell my injury clients that their doctors are the most important witnesses in their cases.When a case is large or complex, I tell my clients that we can hire expert doctors, but treating doctors tend to have greater credibility with a jury since they 1) are not paid to provide opinions (even though most demand payment to testify); and 2) have actual "hands-on" contact with the...
Florida attorney Bob Carroll notes that a Florida newspaper recently posed questions to consider in the context of whether to impose damage caps:How much is the lifetime use of a right arm worth? What is fair compensation for spending 60 years blind because of a doctor's error? If a surgeon makes a mistake and cuts a nerve during routine surgery, forcing you to eat and drink through a tube for...
Much of litigation in Nevada is governed by the Nevada Rules of Civil Procedure.On January 1, 2005 major amendments to the rules became effective. It's difficult to teach old lawyers (and judges) new tricks, though, and many district courts here are only now requiring compliance. The new rules track the Federal Rules in numerous respects and require parties to think about and organize cases...
I spend a fair portion of my life in doctor depositions. Most depositions in an attorney's world take place in law firm conference rooms where we can spread out our papers and our notebooks and look a deponent in the eye from across the table.Doctor's depositions are different, though. Unless a doctor is a defendant in a malpractice action, most doctor depositions take place at the doctor's...
There are numerous types of courts in Nevada, but injury cases are generally handled in the Nevada district court system.Generally speaking, there are two phases to most cases: 1) the settlement phase, and 2) the litigation phase. The litigation phase of a case can be divided into three distinct stages: 1) the complaint and answer stage, 2) the discovery stage, and 3) the trial stage.This is the...
If you've been injured, and there's a settlement offer from the other side on the table, you may be wondering whether to push forward through litigation or to settle. Every case is different and requires specific evaluation. In general, though, you should assess a variety of factors, including the following:Case SizeHow big is the case? Litigation can be very expensive and you, the injured...
How much is your case worth?The answer to this question has a ring of Zen to it. How much is your case worth? Your case is worth what you can get: that's how much it's worth.So what can you get? The answer depends on a variety of factors. A good place to start out is a general understanding of the legal concept of damages. Simply put, there are different types of damages that correspond to a...
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