Posts tagged Wrongful Death

• Proving a Negligence Claim in Nevada - Part I

  Steve Klearman | June 11, 2006 1:23 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  Last blog, I listed an excerpt from my new book that included many fact situations that give rise to negligence claims in Nevada.This blog I will concentrate on those cases that discuss proving negligence claims in Nevada and next blog I will finish this discussion of proof. The following case selections are listed in chronological order starting with some of the most recent cases to touch...

• Understanding the Importance of the Elements of Nevada Legal Theories

  Steve Klearman | June 02, 2006 4:03 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  As I said last blog, I plan to provide in-depth information on Nevada civil law in general, and the elements of Nevada legal theories in particular, in many future blogs. Much of this legal research is extracted from the Second Edition of my first book, Elements of Nevada Legal Theories.Nevada is a notice pleading jurisdiction. This means that civil complaints in Nevada can be pleaded rather...

• Parental Liability In Nevada for Acts of Child

  Steve Klearman | April 30, 2006 9:53 AM | 0 CommentsReno, NV Category: Medical Malpractice
  

  Ever wonder when you as a parent become liable for an accidents or intentional injuries caused by your child?Nevada law addresses this in two statutes:First, NRS 41.470 provides: 1. Except as otherwise provided in NRS 424.085, any act of willful misconduct of a minor which results in any injury or death to another person or injury to the private property of another or to public property is...

• Nevada's Short Trial Program

  Steve Klearman | April 28, 2006 3:21 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  As I indicated a blog or two ago, cases that are appealed from arbitration or fail in mediation may proceed into Nevada's Short Trial Program. Here's an overview of that program:-A presiding judge is appointed and hears all motions. -The parties exchange document and witness lists and meet for a pretrial conference to chart out the course of the case.-The case is calendared and set for trial...

• Are Nevada Hospitals Safe at Night?

  Steve Klearman | April 03, 2006 12:00 PM | 0 CommentsReno, NV Category: Medical Malpractice
  

  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...

• Politics and Drugs

  Steve Klearman | April 03, 2006 11:45 AM | 1 CommentReno, NV Category: Defective & Dangerous Products
  

  This set of observations come from the Greedy Trial Lawyer blog at http://www.greedytriallawyer.com. I reproduce this here in an attempt to occasionally touch upon the unsavory relationship between our pharmaceutical companies and our politicians:In the closing days of the 2005 legislative year, Senate Majority Leader Bill Frist and the White House fail to obtain the needed support for a...

• When Doctors Are Not Listening

  Steve Klearman | March 24, 2006 7:25 AM | 1 CommentReno, NV Category: Medical Malpractice
  

  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...

• The Riddle of Damage Caps

  Steve Klearman | March 16, 2006 3:56 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  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...

• New Nevada Rules Off to Slow Start

  Steve Klearman | March 09, 2006 1:40 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  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...

• Stages of Litigation in Nevada - Part II

  Steve Klearman | January 05, 2006 2:42 PM | 0 CommentsReno, NV Category: Defective & Dangerous Products
  

  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...