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RIGHT Lawyers Right Lawyers has successfully represented numerous clients in the areas of car accidents, work injuries, and slip and falls. The goal of this guide is to provide you answers to the most commonly asked questions and general information about accidents and work injury claims. For more specific advice, please schedule a free consult with our office. Stacy Rocheleau, Esq. Stacy Rocheleau is the founder and managing partner of Right Lawyers in Las Vegas, Nevada. Stacy is one of the top divorce & accident attorneys in the area. Her attention to detail and commitment to her clients shows through in every aspect of the practice. Stacy has successfully represented divorce and accident clients for over ten years. Stacy Rocheleau graduated with a Bachelor s Degree in Business from Whittier College in 1991. She went on to earn her law degree from the University of San Diego in 1996. Stacy is admitted to practice law in the State of Nevada. She is also admitted to practice before all District Courts within the State of Nevada, as well as the U.S. Federal District Court and the 9th Circuit Court of Appeals. Rocheleau s professional memberships include the Howard McKibben Chapter of the American Inns of Court. She is also a member of the Clark County, Nevada Bar Association, Nevada Trial Lawyers Association, the Nevada Justice Association, the Southern Nevada Association for Women Attorneys, and the National Association of Women Business Owners. Gary Thompson, Esq. Attorney Gary Thompson is a lifelong native of Nevada, having been born and raised in Southern Nevada. Gary is well regarded with clients and peers alike, due to his expertise and legal experience. Gary can handle any type of injury or car accident case. Gary has been practicing law in Southern Nevada for nearly two decades. He graduated from the University of Las Vegas with a Bachelor s Degree in Business. He then went on to earn his law degree from the University of San Diego. Gary began practicing law in 1995, and is licensed to practice in the State of Nevada. He is also admitted to practice law before all District Courts in the State of Nevada, as well as the U.S. Federal District Court and the 9th Circuit Court of Appeals. Gary is a member of the State Bar Association of Nevada, the Clark County Bar Association, and a member of the Nevada Justice Association. Legal Disclaimer This guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the information contained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. The answers here are general in nature. Please consult with an attorney for legal advice on your situation. Copyright 2012 Right Lawyers & Rocheleau Law Group. All Rights Reserved
TYPES OF ACCIDENTS There are dozens of injuries that may leave you seeking financial reimbursement for medical bills, lost wages, pain and suffering. Car accidents, workers injuries, dog bites, and slip and falls are just a few of the injuries that Right Lawyers can assist you with. Car Accidents Almost fifty percent of the six million car accidents that occur each year result in the filing of an injury claim. Serious car accident injuries can leave victims debilitating injuries and a lifetime of pain. Even small injuries can lead to unpaid medical bills, lost wages work and pain and suffering. Victims of car accident, motorcycles accident, truck accidents and boat accidents can file a injury claim with the liable drivers vehicle insurance. The amount of damages to which the victim may be entitled depends on a number of factors; the type of injuries suffered, the type and length of medical treatment, and the permanency of the injuries. Workers Injuries A work related accident is one occurring out of the course of duties imposed by an employer. Work accidents are usually controlled by Nevada s Workers Compensation Laws. These laws were established to ensure that all employees who are injured on the job are compensated for their monetary losses. Legal Disclaimer This guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the information contained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. The answers here are general in nature. Please consult with an attorney for legal advice on your situation. Copyright 2012 Right Lawyers & Rocheleau Law Group. All Rights Reserved
TYPES OF ACCIDENTS Defective Products Defective Products' claims are those which cause injury to a person due to some defect in the products' design, labeling, or use. Defective product cases may include automobile defects, side effects of prescription drugs or medical devices, dangerous toys, or poorly manufactured tools. Product liability laws vary between states, but most states share three basic legal theories that form the basis for a defective product case: manufacturing defects, design defects, or inadequate warnings. Wrongful Death The term wrongful death refers to instances in which the negligence of one party results in the death of another. Often time s a wrongful death is the result of medical malpractice or car accidents. Wrongful death claims are made on behalf of the heirs to the estate. Claims may include reimbursement for loss of companionship, loss of consortium, loss of earnings and funeral expenses. Slip & Fall Slip and fall accidents can occur on public or private property. A slip and fall injury may occur because of hazards such as poorly lit pathways, obstructions on the floor, maintenance issues, or slippery conditions. Slip and fall injuries fall under the category of premises liability and from a liability perspective can be challenging. Legal Disclaimer This guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the information contained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. The answers here are general in nature. Please consult with an attorney for legal advice on your situation. Copyright 2012 Right Lawyers & Rocheleau Law Group. All Rights Reserved
Consultation. Discuss Case & Retainer Agreement Injury & Accident Process Right Lawyers (702) 767-7611 RightLawyers.com Letters of Legal Representation Sent to Carriers No Liability Accepted & Coverage Confirmed (30 Days) Yes Medical Treatment & Rehabilitation Order Medical Records & Reports Demand Letter & Settlement Yes Settlement Check Issued No Trial (360 Days) Legal Information Disclaimer - The chart and time frames are to provide understanding of typical claim. This is chart will not apply to all matters, may contain errors and should not be considered as legal advice. We highly recommend you to consult a lawyer for information in your particular situation. Rocheleau Law Group P.C. / Right Lawyers LLC Copyright. 2012. All rights Reserved
ACCIDENT PROCESS Step 1: Attorney Consultation The initial consultation is where you discuss the facts and circumstances of the incident. In a consultation, the attorney can review all of the accident information including police reports, photographs, notes, witness statements and insurance information. The attorney will provide you with answers to your questions and legal advice on your rights to compensation. Step 2: Insurance Company Accepting Liability Establishing whether the other party is liable will be the first step. Whether the case is a vehicle accident, wrongful death or defective product establishing liability can prevents months or years of court proceedings. Most cases can be started by opening a claim with the insurance company that provides the adverse party coverage Liability is a legal term for a person who liable, or responsible for their actions. This is commonly referred to as being at-fault. Auto insurance carriers who are obligated to accept liability if the facts proving liability are fairly clear. The person or persons who cause an accident are at-fault and liable for any damages suffered by the injured party. If the party or insurance carriers does not accept liability the attorney will need to evaluate whether filing a lawsuit to have a judge or jury determine liability is the next course of action. In a car accident case you will often need to show that the driver violated a traffic law. Often the police officer will cite one of the drivers, which goes a long way in determining liability. Even if the other party is not cited the judge may make a determination that their insured was liable.
ACCIDENT PROCESS Step 3: Medical Treatment & Rehabilitation In addition to seeking immediate medical care for injuries sustained in an accident, it is also important to return for follow-up visits and rehabilitation. If there are significant gaps in medical treatment, the insurance company will use this as a reason to make a lower offer. Failure to get immediate medical treatment after an injury may devalue reimbursement amounts. Injured clients will delay treatment for a variety of reasons; a dislike to seek medical treatment, a hope that the injuries will heal on their own, not wanting to take the time for follow-up visits. Whatever the reason, some a delay or lapse in should be avoided. Step 4: Demand Letter Claimants in an injury case are entitled to economic reimbursement for an assortment of areas; vehicle repair, extra expenses, medical bills, future medical bills, lost wages, pain or suffering, and hedonic damages. After reviewing the medical records and other documents, the attorney will send a request to the at-fault party or their insurance company a request for monetary reimbursement. This is referred to as a Demand Letter. Legal Disclaimer This guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the information contained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. The answers here are general in nature. Please consult with an attorney for legal advice on your situation. Copyright 2012 Right Lawyers & Rocheleau Law Group. All Rights Reserved
Consultation. Discuss Case & Retainer Agreement Workers Compensation Process Right Lawyers (702) 767-7611 RightLawyers.com Letters of Legal Representation Sent to Carrier Claim Accepted No Hearing Officer No Appeals Officer No District Court Yes Medical Coverage & Temporary Total Disability (TTD) No Hearing Officer Appeals Officer District Court Yes Vocational Rehabilitation No Hearing Officer Appeals Officer District Court Yes Permanent Partial Disability (PPD) No Hearing Officer Appeals Officer District Court Legal Information Disclaimer - The chart and time frames are to provide understanding of typical claim. This is chart will not apply to all matters, may contain errors and should not be considered as legal advice. We highly recommend you to consult a lawyer for information in your particular situation. Rocheleau Law Group P.C. / Right Lawyers LLC Copyright. 2012. All rights Reserved
WORK INJURY PROCESS Step 1: Claim Accepted Work injury cases are handled differently than other accidents. The employer is required to provide insurance and most work injuries are instantly reported to the employers carrier. Liability is more implied with work injuries and denials must meet certain legal standards. Step 2: Medical Coverage Most serious injuries in the work place are first treated at an emergency room or urgent care. Future medical coverage and rehabilitation will be covered and controlled by the insurance carrier. Step 3: Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) If you are unable to work or cannot work without physical restrictions, the insurance company will be required to provide you supplement income. This supplement comes in the form of a Temporary Total Disability (TTD) calculation or a Temporary Partial Disability (TPD) calculation. Step 4: Permanent Partial Disability (PPD) After you have reach Maximum Medical Improvement (MMI) you may be eligible for a Permanent Partial Disability (PPD) benefit. Not all injuries are eligible for a PPD. Legal Disclaimer This guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the information contained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. The answers here are general in nature. Please consult with an attorney for legal advice on your situation. Copyright 2012 Right Lawyers & Rocheleau Law Group. All Rights Reserved
INJURY Q&A Q: What does "at-fault" mean? A: "at-fault" is a term used to designate a person or persons who are deemed the cause of the accident. Q: What do no fault mean? A: This terms is related to the insurance carrier being financially responsible for the at fault driver or at fault party. "No fault" is a term defining a type of law and corresponding auto insurance policy where neither party is responsible for the others person damage or injuries damages and each person s own insurance will handle their own claims. This type of insurance policy does not exist in Nevada. Q: What is the difference between contributory negligence and comparative negligence? A: Both terms describe a state s standard for settling liability and damages from an accident or injury. Contributory applies a percentage of fault to each party, ie, 40% for driver A and 60% for driver B. Comparative negligence is more concerned with which party was at least 51% at fault. Contributory negligence would reduce your claim by the percentage you are found negligent, while with comparative negligence the party found to be at least 51% at fault would be responsible for 100% of the claims. Nevada is a comparative negligence state. Legal Disclaimer This guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the information contained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. The answers here are general in nature. Please consult with an attorney for legal advice on your situation. Copyright 2012 Right Lawyers & Rocheleau Law Group. All Rights Reserved
INJURY Q&A Q: What if I have no insurance but the other person was at-fault? A: In Nevada, you are required to have insurance, but fault is not determined by who has or does not have insurance. If the other driver is at fault the claim is generally handled the same way as if you did have insurance. Q: What if the other driver denies being liable? A: This is quite common and why we stress for anyone who is in an accident to obtain statements of witnesses. Absent a witness, a police report stating the party at fault or pictures of the accident scene that can be used by a court to determine who was at fault. Q: What if I am at-fault? A: If you are to blame for the car accident, and you have insurance, your liability insurance will pay for the other driver s property damage and personal injuries up to your policy s limits. If you have collision coverage then your insurance will pay for damages or the cost to replace your vehicle, minus the policy deductible. Q: Can a passenger file a claim against either at-fault driver? A: An injured passenger in an auto accident has the legal right to file a claim against the at-fault driver. Whether the at fault driver is the driver of the vehicle the injured client was riding in or the at -fault driver was the driver of the other vehicle. Legal Disclaimer This guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the information contained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. The answers here are general in nature. Please consult with an attorney for legal advice on your situation. Copyright 2012 Right Lawyers & Rocheleau Law Group. All Rights Reserved
INJURY Q&A Q: What are two incidents where the other driver is almost always at-fault? A: A driver who rear ends another and a driver talking a left turn are almost always considered to be at fault. Only in unusual circumstances will these two incidents not cause liability. Q: Can you appeal a police report? A: Yes, you can. To file an amended police report, you will need to contact the police department who issued the report and file a supplement or alternative statement. This can be useful in determining liability. Q: Who pays if I'm injured or my car is damaged? A: That depends on who is at fault, whether you and the other driver have insurance and what kind of insurance you have. If the other driver is at fault, then the other driver s liability insurance pays for your injuries and vehicle damage. If you are at fault then it will depend on the type of insurance coverage you have. Q: What can I be reimbursed for from an accident? A: Medical bills, future medical bills, lost wages, pain & suffering, permanent or partial disability, and vehicle repair or value of the vehicle are the common items that are reimbursed by the at-fault drivers insurance.
INJURY Q&A Q: Is there a standard formula insurance companies use to settle pain and suffering claims? A: There is no standard and the amount changes based on your injuries and your circumstances. A person who is confined to a wheel chair for six months will receive more than a person with who only needed stitches. However, the average formula is to times the damages that can be calculated such as your medical bills and lost wages by three. Q: Does the insurance carrier cover lost wages? A: Lost wages is a cost that can typically be reimbursed as a result of a car accident. Any unpaid time from work, vacation time used, or wages lost as a result of medical treatment, rehabilitation or other appointments would be reimbursable. Q: What if I have medical bills? A: If you have health insurance your health insurance carrier will be the primary insurance for bills. Your automobile insurance may have medical payments coverage which can pay the cost of necessary medical treatment for you and your passengers. If the other driver was at fault then you may place a claim for reimbursement of medical bill from their insurance. Q: What is the significance of little or no property damage in the amount of my claim? A: The amount of damage to either vehicle can be a factor that the insurance company uses in calculating the reimbursement amount. Claims where there is little damage to the vehicles are often disputed by the insurance carrier.
INJURY Q&A Q: How long does it take to be paid? A: If you medical treatment is quick then it may only take two to four months to be reimbursed for medical bills. If liability is disputed or your medical injuries require months of treatment then it will take longer for a dollar amount to be properly calculated. Our office will not negotiate with the insurance adjuster until your medical treatment is 80% to 90% complete. Q: What should I do if the other driver does not have insurance? A: If the other driver caused the accident and is not insured, your own policy can pay for your personal injuries, if you have uninsured motorist or medical payments coverage, up to the specified limits as provided in your policy. Q: What if other driver s insurance is not enough to cover my damages? A: If the at fault drivers insurance is not enough to pay for all of your damages, your own insurance may provide coverage through your underinsured or uninsured motorist coverage. Not all policies have this coverage so be sure to discuss your coverage with your lawyer or your insurance agent. Q: How much will I receive if my car is totaled? A: The insurance carrier is only required to compensate you the fair market value, cost from towing and storing the vehicle and expenses for loss of use of your vehicle. Legal Disclaimer This guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the information contained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. The answers here are general in nature. Please consult with an attorney for legal advice on your situation. Copyright 2012 Right Lawyers & Rocheleau Law Group. All Rights Reserved
INJURY Q&A Q: What are the general steps to resolving a car accident claim? A: The general steps are 1) attorney consultation, 2) send a letter of representation to the insurance carrier, 3) working with the insurance carrier to accept liability, 4) medical treatments are completed, 4) demand letter for reimbursement of medical bills, lost wages and pain and suffering is made. Q: What is the time limit for filing a claim? A: There is no set time limit to in filing a claim with the insurance carrier, but there is typically a two year statute of limitations to file a lawsuit. The two year time limit is crucial because if the carrier denies liability then your remedy for reimbursement is to file a lawsuit. If two years has passed since the accident then you are prevented from filing a lawsuit. Legal Disclaimer This guide is not intended to be legal advice nor does anything submitted herein create an attorney-client relationship. Further, the information contained herein is believed accurate as of the time it was produced. The information and laws may have changed since the date of publication. The answers here are general in nature. Please consult with an attorney for legal advice on your situation. Copyright 2012 Right Lawyers & Rocheleau Law Group. All Rights Reserved
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