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What’s My Personal Injury Case Worth?

CPK LAW • October 8, 2018

You’ve been in an accident. You’ve gone to the best car accident lawyer Las Vegas has (hint: Craig P. Kenny & Associates) who’s explained your rights. You have undergone medical treatment, which is now concluded, and it is time to send a demand for settlement to the insurance company. Most if not all clients have an opinion on what the case is worth, and have expectations for the amount of monetary compensation they deserve. Those opinions and expectations may be based on what a friend or relative received for what they perceive as an identical or very similar claim, and are taken aback when the lawyer explains that those expectations are unrealistic. This can lead to distrust of the lawyer….or at the least a feeling that the lawyer is not fighting for them.

The fact is that we as your lawyers have to value cases every day, and there are many factors involved. Since we are on a contingency fee agreement, it is in our best interest to get the most for our clients. The valuation of a case is an art, not a science, and it is always changing. The following are some of the factors that go into what we believe is a fair settlement value.

1) SEVERITY OF THE ACCIDENT

Insurance companies like to look at the property damage caused in the accident. If it is low or non-existent, the settlement value of your claim will be lower. Why? Because over the years when “low impact” cases are taken to trial, jurors are extremely skeptical that someone could be injured in a low speed accident, and the plaintiff runs a big risk of getting nothing when he takes the case to trial. It is not impossible, but the odds are not with you. So someone with the exact same medical treatment with $500 in property damage will receive a nuisance value offer compared to someone with $5,000 in property damage. It is a common sense argument that works in front of a jury for the insurance companies and it goes like this: It was such a minor accident that no injury could have resulted, and you and the lawyer are just out for money. They now have more ammunition in that Metro may not always respond to these types of accidents, which underscores the minor nature of the accident. We tend to discourage low impact claims, but if we take the case, we make you aware early on that settlement of your case will be difficult, and that going to trial is not usually a viable option.

2) PRIOR SIMILAR INJURIES OR CLAIMS, OR BOTH

This is a big factor affecting your settlement, and is what the insurance companies refer to as apportionment. To simplify it, if someone had back surgery 6 months before a car accident, and is now complaining of back pain after the car accident, we have to deal with the prior back surgery and what led up to the surgery. A big mistake clients make is minimizing any pain they had right before the accident. Remember, your medical records will spell out your complaints and pain level both before and after the accident. If someone was in enough pain to undergo a 2 level fusion of the low back 6 months before the accident, and then claims he was pain free before the motor vehicle accident, invariably the medical records within a couple of months before the accident will not support the pain free assertion. The best course is to claim aggravation of a pre-existing condition. An aggravation case is simply not worth as much as someone who comes into the accident with no significant prior injuries or claims. But claiming aggravation instead of claiming you are 100% pain free after a recent surgery usually benefits your credibility, which I will talk about in more detail below. It can be even more problematical if the prior injury arose out of a claim, because now we also have to defend the “professional claimant” tag the insurance company will try to hang on you. Read more: Getting medical treatment after your car accident.

3) CREDIBILITY, CREDIBILITY, CREDIBILITY!

A lot of times you cannot see an injury that someone is claiming. In other words, there is no fracture or scarring. Most, and sometimes all of the pain and suffering someone is claiming is entirely subjective. By that I mean that the doctor pokes the patient somewhere and the patient cries out in pain. Without the response from the patient, there is no objective x-ray or diagnostic test to support the complaint of pain. So determining whether the patient is in pain depends almost entirely on the believability of the plaintiff.

At the claims stage (before a lawsuit is filed) the insurance company may have a statement about the accident, but are not entitled to a deposition, so there is no way for them to evaluate the plaintiff as to his credibility. Many times however they will send authorizations for the plaintiff to sign so they can get medical records. So if the case doesn’t settle at this stage, the insurance company will already have all the medical records and bills from the accident, and any relevant prior records. If the plaintiff is honest about the prior doctors he has seen, there isn’t a credibility problem. However, if the plaintiff fails to disclose prior treatment for similar complaints and it is found out later in discovery in the lawsuit, there are big problems.

Let’s assume a lawsuit has to be filed. The worst case scenario is the plaintiff deliberately tries to hide the fact that he was actively treating with a different chiropractor in the 6 months before the accident. He testifies under oath that he hadn’t seen a chiropractor ever before the accident. The defense finds out that this is not true, and the plaintiff is caught in a bold face lie. No reasonable jury will believe his “subjective” complaints of pain, and he is going down in flames. Insurance companies use the term “secondary gain” when attacking what they perceive as exaggerated complaints to get money. It is an underlying theme they use in almost every case, but when the plaintiff is caught lying it becomes the focus….the plaintiff is lying to get money, pure and simple.

Most of the time plaintiffs are not so brazen to try and hide something that obvious. The more common problem we see is this: plaintiff admits that he has seen a doctor or chiropractor in the past for back pain, but it was not because he was in pain…it was just for “maintenance”. The problem with that testimony is invariably the records will list complaints of pain so the medical provider can justify his treatment. It won’t say “John Jones is here for maintenance of his back”. It will say: “John Jones has a history of back pain and stiffness 4/10 and is here for massage and adjustments”. So now the insurance lawyer attacks plaintiff’s credibility with his own doctor’s records. And since plaintiff must be believed on his subjective complaints, once credibility is gone the case is gone….and the settlement offer plummets. Your case is now worth much less because of your lack of credibility.

Another common attack on credibility is in regards to a significant prior claim or injury. Example: (this is not a real case!) Plaintiff is in a rollover accident in 2008, his passenger is killed and he is in UMC for 4 days with multiple injuries, including a fractured right kneecap and torn meniscus. He gets his meniscus repaired and his kneecap fixed. The treatment is minimal. He gets rear ended in 2010, with about $2,500 in property damage. He drives away from the scene. At his deposition he claims the accidents were about the same in severity. When pressed, he concedes the rollover was worse, but not that much worse. He also claims he was better after the rollover in 6 months, but gosh darn my back is still killing me 2 years after the 2010 accident. The insurance lawyer will stand up and say: “Funny how in the rollover where his passenger got killed and he sustained a fractured knee cap and torn meniscus (objective injuries) he is fine after 6 months….why? because there was no money to be gotten….but here when he has a claim for money the back pain is excruciating 2 years after this minor fender bender and he is still getting treatment”. The point being that minimizing an accident such as above will kill the settlement value of your case.

Honesty is truly the best policy. Remember that “secondary gain” is something the insurance company will jump on if you give them a reason to! Juries will tune you out if you try to sell them a story that doesn’t make sense. And the goal is to get your case settled….so adjusters will also tune you out, and you won’t get as good of a settlement.

4) WITNESS QUALIFICATIONS CAN MAKE A DIFFERENCE

Witness qualifications is a fancy term the insurance companies use to determine whether the plaintiff has “jury appeal”. Let’s assume that 2 people are in the same accident, one the driver and one the passenger. Both are honest and testify truthfully at their deposition. However, the passenger is extremely nice, pleasant and just an all around likeable person. The other one is a lawyer! The lawyer is arrogant, condescending, and rude….and although he doesn’t kill his credibility by exaggerating or hiding anything as discussed above….in all likelihood his case is worth less because he is not likeable. So even if they have the exact same treatment and injuries, the passenger will help himself at the deposition, and the lawyer will not, which will result in a higher settlement offer for the nice person. Sometimes it pays to be nice. As an aside, all of the lawyers at Craig P. Kenny & Associates are like the passenger, not the driver!

In addition to being nice or not, whether your young or old; employed or unemployed; have criminal convictions; a citizen or non-citizen, female or male (in scarring cases for instance), these and other factors go into what your case is worth.

5) THE INSURANCE COMPANY INVOLVED

This is the luck of the draw, but it definitely affects not necessarily what your case is worth, but the settlement offer. For instance, the same case with one insurance company will settle for a fair amount in the claims stage, whereas with a lousy company like American Access you will probably not get a fair offer and be forced to trial. Ultimately, it is not a level playing field. Again this is where you hear stories about someone with $6,000 in bills who settled for $14,000 with USAA, and the disgruntled person who has almost the exact same claim who is offered $3,900 by American Access and has to wait 2 years to go to trial. This is something beyond your control and our control, but we will explain to you at the initial meeting that the settlement value of your claim may be skewed depending on the insurance company involved.

What your case is worth can also depend on the amount of insurance involved. For instance, your case can clearly be worth $40,000, but if there is only $15,000 insurance available, that is what your case is worth. We don’t go after people individually because it is virtually impossible to collect anything over the policy amount.

In conclusion, the pre-conceived notion clients might have that you take the medical bills and multiply by 3 to get the value of your case is not accurate. Those days, if they ever existed, are gone. There are factors in your control and some not in your control that affect what your case is worth. It is important that your conduct during your claim be truthful in what you tell your doctors, and if it gets into a lawsuit be truthful and realistic at your deposition. If you do that, you will maximize your recovery.

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Understanding Different Types of Boating Accidents

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Two cars are involved in a car accident on the street.

WHAT TO DO AND WHAT NOT TO DO WHEN IN A CAR ACCIDENT

By Jimmy Howard, Esq. • July 1, 2024
Every car accident happens fast and unexpectedly. The immediate moments after a car accident are adrenaline-fueled chaos. You may be in significant pain. Because of this, it is best to have a plan for what to do if a car accident happens before it happens. 1. Call the police immediately. Many times the at-fault driver will tell you, 'Let's not involve the police'. The at-fault driver might even offer you some cash right on the spot or offer to get your car fixed themselves if you do not call the police. Do not listen to the other person. The police will document what happened, and they will gather and exchange the necessary information among the drivers. But even if you have called the police... 2. Get information, especially regarding the other driver and their insurance. Even if you have called the police, collect all the information at the scene you can, especially regarding the other driver. Ask to take a picture of their driver's license and proof of insurance. The insurance information is critical to making a claim to get repairs or pay for medical expenses. Take pictures of their car, both the damage to it and the license plate. Take photos of your car, particularly the damage to it. Ask for the driver's address and/or phone number. Ask for witnesses' names and phone numbers or a business card. If you have called the police, you might think, well the police will get all that information, and that is true. But, what if the other driver just decides to flee before the police arrive? It happens. 3. Get medical treatment for your injuries as soon as possible. Commonly people feel pain after an accident but think it will heal on its own if they don't have an obvious serious injury, like a broken bone. Then after a few weeks of the pain not going away, they decide to seek care. The other driver's insurance company will call this a gap in treatment and argue you must not have been that injured if you waited so long to get treatment. Or, they may say you hurt yourself doing something else but want to blame it on the accident. These can be strong arguments against your case, particularly the longer you go between the accident and getting treatment. Get checked out as soon as possible after an accident if you are feeling any pain. 4. Call Craig P. Kenny & Associates and speak with an attorney as soon as possible. Our law firm has been helping Nevada car accident victims for almost 30 years. Our attorneys and staff have traveled the road of a car accident's aftermath every day for those 30 years. We are aware of laws, pitfalls, and windfalls that most people would not know. Just a few examples: Did you know there can be several layers of insurance available to pay for your medical treatment and pain and suffering after a car accident? Does it make a difference if the other driver was arrested for driving under the influence? What if you are working when you are in a car accident? Do you have a workers' compensation claim, a car accident claim, or both? What if the other driver's insurance company refuses your claim and you have to file a lawsuit? At Craig P. Kenny & Associates, we have dealt with all of these situations many times over many years. 5. Do not talk to or give statements to the other driver's insurance company. The other driver's insurance company has a legal obligation to protect their insured. When they take statements from you, they are trying to protect their insured and the insurance company's money. They are not acting as your friend. If you hire Craig P. Kenny & Associates, we will talk to the other driver's insurance company for you. We know what to ask, what to say, and what not to say. 6. Do not attempt to negotiate a quick settlement with the insurance company. This is what the other driver's insurance company wants you to do. Sign away all your future rights for a pittance. If it turns out that you have a hidden injury like a herniated disc in your spine that will cause you pain for the rest of your life and might require surgery, it is too late if you take their money and sign their paperwork. You released all claims, even if you did not know about the injuries at the time. The law does allow you to back out of such a deal for a short period of time. But, you have to revoke the deal in writing and send back the money quickly. Please have a plan of what to do if you are in a car accident before you are in a car accident. Make part of that plan to call Craig P. Kenny & Associates, where clients are treated with honesty and sincerity.
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WHO WILL BAIL YOU OUT?

By Senator Melanie Scheible, Esq. • June 3, 2024
Understanding what bail is and how it works can be incredibly difficult and stressful when someone gets arrested. The concept of posting bail to get out of jail dates back centuries and has changed over time in the United States and Nevada. In its simplest form, bail is a refundable deposit that a person pays to get out of jail and gets back when they come to court. Have you ever test-driven a car without a salesperson? You may have been asked to leave your driver’s license or credit card with the salesperson before they handed you the keys to the car. The idea is that the dealership expects that your license or credit card is so valuable to you that you will come back for it, rather than abscond with their vehicle. The same is true of bail. The idea is that once someone pays the bail amount to the jail, they will want it back enough to come to their next court date. The purpose of bail -- to ensure a person’s return to court – has expanded to also include adding conditions of release that ensure the safety of the community. In Nevada, Judges are legally required to impose the “least restrictive means” necessary to ensure 1) the person will return to court and 2) the safety of the community. Posting a monetary bail is just one of many possible conditions of release. When someone is arrested in Nevada, they are entitled to a hearing on their custody status within 48 hours. That hearing is an opportunity for the person arrested, their attorney, the prosecutor, and the judge to review the facts of the case known at the time as well as the person’s criminal history. At this hearing, the attorneys may agree on release conditions, or they may each argue their position and the judge will decide. For example, one or both attorneys might suggest that the person be released on house arrest, or be released with a requirement for drug testing. Many people who are arrested on misdemeanor charges, like Driving Under the Influence, are released without a hearing and in less than 48 hours. Someone can also be released from jail in less than 48 hours by posting bail before the hearing. If your loved one has been arrested, you may be trying to decide whether to post bail or wait. Every case is different and the right decision varies for different families. What is important to remember is that if it has been less than 48 hours since your loved one’s arrest, the bail amount or release conditions may still change. An attorney cannot make any promises or guarantees about what will happen in your loved one’s case, but a good, local attorney can tell you what their experience has been in similar cases. Knowing what an experienced attorney has seen happen in similar cases, may help you make the right decision in your situation. Increasingly, courts across the country are moving away from monetary bail. Some courts are implementing robust reminder systems that automatically send emails or text messages reminding people about their court dates. Other courts have extensive monitoring programs that utilize technology like house arrest ankle bracelets, phone GPS, and fingerprint scanning to keep routine contact with people facing criminal charges. Some courts are offering people the choice between submitting to monitoring and posting a monetary bail. All of these policy choices are a crucial part of our justice system, which entitles everyone to be presumed innocent until proven guilty. If you, a friend, or a loved one has been arrested, please call me at 702-380-2800 for a free consultation.

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Experiencing a catastrophic injury can significantly change the trajectory of a person's life. Delve into our blog for an in-depth guide.
Spring - Las Vegas, NV - Craig P. Kenny & Associates

SAFETY TIPS FOR SPRING 2024

By By Leon R Symanski, Esq. • May 2, 2024
Ahhh, Spring! Temperatures get warmer, days become longer and trees, flowers, and foliage are in full bloom. Spring is truly a cause for celebration for most of us. It’s time to get outdoors and hike, bike, walk, picnic, and enjoy our beautiful environment. Spring is also the perfect time to reevaluate your home and/or office to make sure the environment is safe for all. Protect Yourself From The Sun: Remember to wear sunscreen and hats while out in the sun, as prolonged exposure can lead to heat stroke. Limit time outdoors during midday when UV exposure is at its highest peak. Keep yourself hydrated by drinking plenty of water throughout outdoor activities - dehydration can be dangerous in extreme temperatures. Minimize alcohol and sugar intake while enjoying the sunshine. Family Emergency Plan: The National Safety Council recommends every family have an emergency plan in place in the event of a natural disaster or other catastrophic event. Spring is a great time to review that plan with family members. Be prepared by having a home emergency kit that includes one gallon of water per day for each person, at least a three-day supply of food, a flashlight and batteries, a first aid kit, a filter mask, plastic sheeting and duct tape, and medicines. Smoke Alarms: Three out of every five home fire deaths result from fires in homes with no smoke alarms, according to the National Fire Protection Association. Test your smoke alarms every month and replace the battery at least once a year. If the alarm makes a "chirping" sound, replace the battery immediately. Carbon Monoxide Detectors: Anything that burns fuel can potentially become a source of carbon monoxide, an invisible, odorless gas that can kill. CO alarms should be installed in a central location outside each bedroom and on every level of the home. The safety tips for CO detectors mirror those of smoke alarms: change the batteries, test them, and interconnect them, if possible. Also, make sure vents for your gas appliances (fireplace, dryer, stove, and furnace) are free and clear of snow or debris. Water Leaks: We live in the desert and water is a precious commodity. Check your sprinklers, pool equipment, hoses, and pipes. Undetected leaks can lead to black mold, which can lead to serious health complications. Water leaks can cause very expensive property damage repairs as well. General Safety Tips: Now that the Spring weather is here, we tend to feel that urge to get out and “fix stuff” around the house. Remember to use common safety sense when taking on physical tasks. Wear the correct protective clothing, eye protection, gloves, and footwear (no flip-flops when going up and down ladders). Check for frayed or damaged electrical cords. Respect and understand all power tools before you use them. Use your legs when lifting heavy or unbalanced objects. Also: NEVER leave small children or pets in your vehicle! It only takes a matter of minutes to cause serious illness, injuries, or death once the temperature begins to rise. Summer will sneak up on us before we know it, so make sure you take the time to appreciate nature’s revival before the heat wave hits. The attorneys and staff at Craig P. Kenny & Associates wish you and your family a happy, healthy, and fun Spring season. We truly appreciate your trust and loyalty, as well as your referrals.

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Drinking Under Influence — Las Vegas, NV — Craig P. Kenny & Associates

What happens after a DUI arrest? And should I hire an attorney? By: Melanie Scheible, Esq.

By admin • November 3, 2023
Driving Under the Influence (DUI) is a criminal offense in every State. There are more than 10 different courts in Clark County and 6 courts in the Las Vegas Valley where DUI cases are heard. While each court operates slightly differently, the basic processes and timelines are the same. Most people who are arrested on DUI charges are released from custody (jail) within 24 hours of arrest and do not have to post bail. When one is taken to jail on a DUI arrest, a sample of their blood will generally be taken and sent to a lab for testing. The results are not available immediately and most people are released while the lab processes the blood. This could result in the process taking several months. When one is released from jail, it is common that the next date they would have to return to court is 6 months later. Many clients contact an attorney at this time, which is a smart way to ensure the case is handled properly. During this waiting period between being released from jail and going to court, it is important to take care of any issues with the DMV. The DMV and court system are separate, and the DMV may take action to restrict someone’s driver’s license before they even attend their first court date. An attorney can also help with the DMV process and, in some cases, prevent the license revocation. The first opportunity for the prosecutor to inform the judge if they are filing charges is at the first court hearing. At that time, one of three things will happen: the charges may be filed, the case may be dismissed, or the prosecutor may request more time to decide whether or not to file charges. The prosecutor has 1 year from the date of arrest to file those charges if he/she decides to do so. Most people who have hired an attorney choose not to attend this court date, and their attorney will appear for them. Anyone who does not have an attorney is required to appear in court. Once charges are filed- whether it is at the first court hearing or a subsequent hearing- the person and their attorney are entitled to the evidence in the case which includes the arrest report, the toxicology report, and body camera footage. The court will then give that person another date to come back to court for a hearing or trial, which can range from one month to six months later; depending on the court. A person charged with a DUI can review and discuss the evidence in their case with their attorney once the complaint has been filed. Most cases are “negotiated” at this time which means that the person chooses to accept certain consequences, such as paying a fine and taking driver safety classes. If the person does not wish to agree to particular consequences, they will have to go to trial. At a trial, the prosecutor calls witnesses- like the arresting officer and the toxicology expert- to prove that the person was driving under the influence. The accused and their attorney also get to ask those witnesses questions and present witnesses of their own, if they choose to do so. Once the evidence has been presented, the judge makes a decision as to whether or not the person is guilty. If they do indeed find them guilty, the judge imposes a sentence that could include fines, classes, or even jail time. It is part of an attorney’s duty to help their client understand these possible consequences as well as the likeliness of a judge finding them guilty at trial. The attorney should review the evidence with their client and explain the legal strengths and weaknesses of the case. Sometimes, the law does not match our common understanding of what it means to drive under the influence and an attorney helps translate the law into terms anyone can understand. Many people choose to accept negotiations instead of going to trial to have certainty in the outcome. Any requirements imposed by the judge, whether they were agreed to in negotiations or imposed at sentencing following a trial, must be completed and proof provided to the court in a certain time period. When all the requirements are complete, the prosecutor will check the person's criminal history to ensure they have not been arrested on any new charges since the start of the DUI case. If no new charges have been filed and all requirements are complete, the case can be closed. The time period to complete the requirements can range anywhere from one month to one year. The National Highway Traffic Safety Administration has recorded an increase in fatalities due to driving under the influence around the holidays for several years. As we head into this holiday season, give your loved ones the gift of staying safe on the roads. Don’t drive after drinking, or ingesting marijuana, or any other controlled substances. If you need help call the SAMHSA Helpline at 1-800-662-4357 for free, confidential advice and referrals 24/7, 365 days a year.
Electric Bike Station — Las Vegas, NV — Craig P. Kenny & Associates

THE ELECTRIC BIKE CRAZE: IMPORTANT SAFETY INFORMATION

By By Leon R. Symanski, Esq. • October 2, 2023
When I was a kid I absolutely LOVED to ride my bike. I dreamed of getting the cool Schwinn with 5 speeds, hand brakes, and the banana seat with sissy-bar and shiny chrome accessories for my birthday or Christmas. Riding a bike is a great way to stay in shape and to get you to your destination, whether it be a beach cruiser, a mountain bike, or a touring-type bike. However, over the past few years, the trend has turned to Electric Bikes. But as battery-powered bicycles grow in popularity, safety concerns are growing too. What are E-Bikes? The term "e-bike" refers to two-wheeled electric-motor-assisted bicycles. E-bikes are produced with all the features of a regular bicycle with the addition of an electric motor that generates less than 750 watts. There are basically three types of e-bikes: Class 1: The motor assists the rider only when the rider pedals, and it stops assisting at 20 mph. Class 2: The motor can propel the bicycle without the rider pedaling, up to 20 mph. Class 3: The motor assists the rider only when the rider is pedaling and stops assisting when the bike reaches 28 mph. An e-bike allows riders of any skill or fitness level to reach significant speeds. For reference, Tour de France riders average 25 to 28 mph on flat terrain. Riding an e-bike is significantly different from riding a conventional bike. First of all, e-bikes are much heavier because of the frame, the motor, and the battery. If you are considering purchasing an e-bike for your minor child, please take into consideration your child's ability to manage the weight when steering or in the event of a fall. Also, please take into consideration the acceleration and speed of an e-bike. Don't assume your child can operate an e-bike just because they know how to ride a conventional bicycle. ALWAYS make sure to wear a helmet when riding an e-bike. This protects the brain, head, and face from serious injuries in case of a crash. Make sure the helmet fits properly and that it's strapped on (not just worn like an uncomfortable hat). The helmet should be snug, level, and secure. E-bikes go fast. Riders should be aware of the terrain and road surface. Riding on dirt, sand or gravel is not the same as riding on a paved surface. The weight and speed of an e-bike on an unpaved surface pose a much higher risk for an injury-related crash. Riders must always make sure they obey all traffic safety laws and be cognizant of their surroundings at all times. E-bike riders should utilize hand signals and should be equipped with a headlight, a taillight, and reflectors. E-bikes can be a lot of fun if the rider follows all of the safety requirements listed herein. But they can also cause serious injuries or death if the rider is careless and does not take safety seriously. If you or someone you know has been injured while operating an e-bike, please contact me at Craig P. Kenny & Associates for a free consultation. Thank you very much for your loyalty and your referrals.
Book and Gavel — Las Vegas, NV — Craig P. Kenny & Associates

TECHNICALLY SPEAKING LAW

By Hayley N. Price, Esq. • September 6, 2023
If you are someone who was around between 1994 and 2022, you may remember the popular sitcom Friends, which included a good-natured but somewhat unsophisticated character named Joey who famously said. “It’s like a cow’s opinion, it doesn’t matter. It’s Moo”. Although something being “Moo” is clearly not correct legalese, it is actually more common than most people realize to misuse, mispronounce, or misunderstand legal words and concepts. Here is a list of some of the most commonly misused, mispronounced, and misunderstood legal concepts and phrases: 1). ATTORNEY VS. LAWYER : These two words are commonly used interchangeably. However, they actually technically have different meanings. While all attorneys are lawyers, not all lawyers are attorneys. The word lawyer can describe anyone who has completed a law degree while an attorney refers to someone who has passed the bar exam, is eligible to be licensed, and can represent clients in a courtroom. 2). HEARSAY VS. WHAT YOU HEARD SOMEONE SAY : The word hearsay is so commonly used to describe gossip or to describe unverified statements made by someone other than the person repeating them. The correct use of the word hearsay is used to describe a type of testimony (someone speaking under oath). When a person speaking under oath repeats what someone else said or wrote down, this is hearsay. Technically, hearsay is inadmissible in a court hearing because of its unreliable character. However, there are types of speech that have earned enough credibility to qualify as an exception to hearsay which qualifies the speech as an exception to hearsay allowing it to be included as evidence. These types of speech include dying declarations, statements against the interest of the person speaking, business records, etc. 3). NEGLIGENCE VS. RECKLESSNESS : Commonly used similarly in conversation, these two words are actually technical opposites. When someone acts recklessly, that person is said to have known or should have known the risk or danger in what they are doing before continuing to do it. Oppositely, acting negligently refers to someone who simply fails to comply with the standards that a reasonable person would have under the same circumstances whether they acted deliberately with that knowledge or not. 4). SQUASH VS. QUASH : While someone can squash a bug or eat a squash with their meal, the word squash is not the correct phrase to use when attempting to clear a warrant. Rather, the correct phrase is to “quash a warrant”. 5). PAROLE VS. PROBATION : Both terms are used to refer to supervision for someone following a criminal conviction. Probation refers to out of custody supervision granted to someone in lieu of prison time, whereas parole can be granted to someone following the completion of at least some of the prison sentence with the promise that the released will maintain good behavior while free of custody. 6.) ASSAULT VS. BATTERY : Assault and Battery are two separate crimes that are often associated with one another and are often used incorrectly. It is not uncommon to hear someone say, “I was assaulted” meaning they were attacked. However this is an incorrect use of this word. While the crime of battery refers to the crime of actually physically harming someone, assault is the crime of causing someone to have a reasonable fear that they will be harmed imminently. In legal settings, knowing the correct meaning of words is important to ensure accurate communication and understanding. If you have any questions regarding the forgoing or need representations following an accident, injury, or arrest, please feel free to contact me directly at hprice@cpklaw.com.

CAN I HIRE A LAWYER IF I SIGNED A RELEASE WITH AN INSURANCE COMPANY REGARDING MY RECENT CAR ACCIDENT?

By Bradley L. Kenny, Esq. • August 2, 2023
Maybe...I’ll go into the details so that you can have a better understanding. First, I want to tell you about how you can end up in a situation where you think you’re doing the easy thing, but later on, you realize that you made a mistake. In my experience, insurance adjusters are like car salespeople. If you equate an open file to a car on the lot, you have a better understanding. An adjuster always told me that a happy file is a closed file. And for car sales, a happy situation is a signed contract. Someone injured in a car accident may accept a settlement from an adjuster at the accident scene. Have you ever seen a car that has the insurance company logo all over it on the highway? Some of those vehicles are known as “IRVs” (Immediate Response Vehicles). Like someone selling a car, the adjuster happens upon an accident scene after being called in from the branch office to speak with the injured victim. They promise the moon but deliver next to nothing. Insurance companies encourage their adjusters to settle claims quickly because they know that the longer the claim is open, the more exposure the company faces. The insurance companies start telling accident victims that they are entitled to money (“cash-out” is a term used by the insurance industry). Insurance companies settle cases quickly because the bottom line is that they are trying to save as much money as possible. Insurance companies also offer “open medical” which means they say they will pay for future treatment. However, many times the treatment you may receive might not be deemed “reasonable or necessary” by the insurance company. In which case, you will be on the hook for the medical bills. Here is an actual email that was received recently: The accident only happened a week ago. However, she signed an early offer from the liability carrier saying they will pay for up to $6,000.00 in treatment and then paid her about $2,500.00 on top of that. She signed it, sent it in and then deposited the money. Can this be withdrawn or at this point is she locked in to this deal since she has already agreed to it? Our legislature has tried to put an end to these insurance company tactics. NRS 10.185 provides as follows: 1. A release of liability given in connection with any claim for personal injury sustained by a releasor is voidable by a releasor within 60 days after its signing by the releasor, if the releasor signed the release: (a) Within 30 days after the event that initially caused his or her injury; and (b) Without the assistance or guidance of an attorney. 2. To void the release of liability pursuant to subsection 1, the releasor shall: (a) Sign a written notice disclosing the election of the releasor to void the release; and (b) Within 10 days after signing the notice (1) Send the original notice or a signed copy of the notice to the releasee; and (2) Return any consideration paid by the releasee. 3. A release of liability is void on the date that the notice and any consideration described in subsection 2 are received by the releasee. 4. As used in this section: (a) “Personal injury” means any mental or physical injury. The term does not include property damage. (b) “Release of liability” means an agreement executed between a releasor and releasee. (c) “Releasee” means a party who is being released by the releasor from any claim described in subsection 1. (d) “Releasor” means a party who agrees to release the releasee from any claim described in subsection 1. A release can be set aside under the law if it was signed within 30 days after an accident and the injured person signed it without the help of an attorney. You must send a written notice to the insurance company within 60 days after signing the release. Additionally, the injured party must return any money you received from the company. You have a limited time-frame to do this. Please do not be a victim twice.
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