Personal Injury

Jury Awards $160.5 Million for Nightclub Brain Injury

- David Boehrer

A man who suffered a traumatic brain injury some few years back recently won a damages lawsuit against the company running the night club where he sustained his severe injuries.

Night Club Security Violence

The case stemmed from an incident in 2012 when the manager and security men of the defendant night club attacked the plaintiff even after he had already paid his $10,000 bill. The defendant’s personnel reportedly forced the plaintiff into a security room where they shoved him to the ground and hit his head several times against the concrete floor with such force that caused the plaintiff’s severe injuries.

Injuries Arising from Night Club Violence

Immediately after his ordeal, the plaintiff said that he became disoriented and was taken to a nearby hospital for medical attention. The plaintiff was found to be suffering from a concussion, head swelling, a bruised eye, and a sore neck, arms and knees. A neurosurgeon diagnosed him with a traumatic brain injury as the plaintiff continued to suffer with:

  • Headaches
  • Disorientation
  • Difficulty in walking
  • Difficulty in concentrating
  • Anxiety

The plaintiff was a successful hedge fund manager prior to the attack and his lawsuit claimed that his traumatic brain injury caused his hedge fund to shut down and prevent him from being employed in his usual field of work.

Traumatic brain injury often brings serious physical, mental, and psychological issues. If you or someone you know has suffered head injuries due to someone else’s negligent or reckless behavior, your immediate concern is recovering all the huge medical expenses for past and ongoing treatment. Talk to an experienced personal injury attorney immediately about your situation and get legal advice on your next steps.

Filing a Lawsuit for Traumatic Brain Injury

Claiming compensation for traumatic brain injury can be complicated. The injured party must be able to act swiftly in order to preserve evidence of the incident such as video footage that may be under the control of the negligent party. The expert testimony of a brain specialist will also be crucial for establishing the cause of the brain injury and the devastating results on the plaintiff’s daily activities and quality of life.

A skilled and experienced attorney can help by promptly serving notice to the other party to preserve video footage covering the date of the incident and engage a qualified brain neurosurgeon to serve as the plaintiff’s expert witness.

In Nevada, the law firm of David Boehrer has more than a decade of personal injury experience and has helped numerous clients recover compensation and move on with their lives. The skilled and compassionate attorneys at the David Boehrer law firm are prepared to fight for your rights in court and help achieve the best results for your case.

Call us today at (702) 750-0750 to speak to one of our attorneys about your situation.

What Is a Nevada Worker’s Compensation Lawsuit?

- David Boehrer

In Nevada, worker’s compensation is like an insurance program required by law to be provided by employers. This program provides workers with benefits and other payments if they are injured on the job. While this sounds like a simple process, sometimes workers’ claims are wrongfully denied. If that happens, the worker may need to file a worker’s compensation lawsuit.

What Does Nevada Worker’s Compensation Cover?

The state of Nevada ensures that workers receive the following compensation if they’ve been injured at work:

  • Appropriate medical treatment
  • Reimbursement for lost time
  • Permanent partial disability
  • Vocational rehabilitation
  • Payments to dependents (in the unfortunate event of death)
  • Other relevant and necessary benefits or expenses

What Are Different Types of Nevada Worker’s Compensation?

In Nevada, there are several different types of worker’s compensation:

  • Temporary Partial Disability: This benefit is paid when a worker can still temporarily work or is working for lower pay as a result of the injury or illness. The maximum amount of time a worker can receive Temporary Partial Disability is 24 months
  • Permanent Partial Disability: This benefit is paid when the worker’s injury results in a permanent disability (i.e., loss of physical function). While on Permanent Partial Disability, workers are paid every two weeks until their award is fully paid
  • Temporary Total Disability: This benefit is paid when a worker is unable to work on a temporary basis. The worker can recover lost wages at 67% of their total lost wages
  • Permanent Total Disability: This benefit is paid if the worker’s injuries result in permanent disability and an inability to be gainfully employment. Workers receiving Permanent Total Disability benefits can do so for a longer period of time. The benefits paid are calculated as 66-2/3rds of the worker’s average monthly wage
  • Death Benefits: If a worker’s injuries result in death, the worker’s compensation death benefits will pay up to $10,000 toward burial expenses. The survivor benefits are then divided among the surviving spouse and dependents

When Does a Worker Have to File a Worker’s Compensation Claim?

The worker has 90 days to file for worker’s compensation benefits from the date they discovered their injury. The employer’s insurance provider then has 30 days from the receipt of the worker’s claim to approve or deny the claim. If the insurance company denies the worker’s claim, the worker may request a hearing within 70 days or seek an appeal within thirty 30 days.

Get Help with Your Claim

The David Boehrer Law Firm is highly experienced in worker’s compensation cases. We will work hard to provide you with the result you deserve, and invite you to call us today at (702) 750-0750 to set up your free initial consultation.

Man’s Family Sues Henderson Police for Wrongful Death

- David Boehrer

The widow and son of a man shot and killed by the Henderson Metropolitan Police in 2015 are suing the department for wrongful death. The complaint alleges that officers shot the man in front of his 11-year-old son and then joked around while the man bled to death.

The family’s story is that the man heard noises outside of his home and came to the door with a handgun. Little did the man know, the people at his door were police officers who had come to detain one of his sons. The family alleges that the police officers failed to identify themselves. As the man opened the door the family maintains that he kept his gun pointed at the floor, but the officers shot him as soon as they saw he had a gun. The family contends that the officers did not order the man to drop the gun before shooting.

After the man was shot, he bled for 15 minutes before receiving medical attention. All of this happened in front of the man’s 11-year-old son who stated that the officers told jokes rather than rendering aid.

What Is Wrongful Death in Nevada?

In Nevada, a “wrongful death” is caused by a person who intentionally, recklessly, or negligently causes the death of another person. Wrongful death in Nevada is a civil action, meaning that it is more similar to a personal injury claim than a criminal action. As such, the party bringing the wrongful death suit can seek monetary damages rather than jail time.

Who Can File a Wrongful Death Suit in Nevada?

Because the victim is dead, another party must file the wrongful death lawsuit. Nevada allows the following parties to file a wrongful death claims and seek damages:

  • The deceased’s personal representative
  • The deceased’s surviving spouse, domestic partner, or children
  • The deceased’s parents (if the deceased has no surviving spouse or child)

What Kind of Damages Can Be Recovered in a Nevada Wrongful Death Suit?

A party can file a lawsuit seeking special damages, such as:

  • Funeral expenses
  • The deceased’s medical expenses associated with their cause of death
  • Damage to property resulting from the events causing the deceased’s death
  • The wages and benefits lost as a result of the deceased’s death
  • Loss of the deceased’s companionship
  • Loss of benefits to the deceased’s heirs

The party bringing the lawsuit can also seek punitive damages which are intended to penalize the person or entity causing the wrongful death if they acted recklessly or negligently.

When Can a Party Bring a Wrongful Death Suit in Nevada?

Nevada law establishes a “statute of limitations” (or time limit) for filing a wrongful death suit. An appropriate party must bring a wrongful death suit within two years or the court may dismiss the party’s case. Therefore, if someone has died, it is very important for the deceased’s family to look for an attorney experienced in wrong death cases as soon as possible. If they don’t, they may miss deadlines and their opportunity to file a claim.

The David Boehrer Law Firm Can Help you with Nevada Wrongful Death Cases

Wrongful death cases can be emotional and complicated. Allow our experienced attorneys at the David Boehrer Law Firm help you navigate your wrongful death case during this emotional time. We invite you to call us at (702) 750-0750 to arrange a consultation today.

Understanding Nevada Auto Insurance Rules

- David Boehrer

Whether you have just been the victim of an automobile accident or you want to prepare yourself for such an event, it is useful to understand driver liability and how it may apply to your situation.

Liability in Nevada

Nevada is known as a “fault” state for car accident liability, which means that the driver who caused the accident is financially responsible for all injuries, vehicle damage, and any other losses. This means that when you are seeking compensation for an accident that was not your fault, you can:

  • File a claim under your own insurance coverage
  • File a “third party claim” with the other driver’s car insurance company
  • File a personal injury lawsuit for compensation from the at-fault driver

(If you are unsure which driver is liable and require further clarification or representation, we invite you to contact our friendly team of professionals at David Boehrer Law at (702) 602-6851 to arrange a free case evaluation.)

Nevada Insurance requirements

Automobile owners in Nevada are required to have auto insurance that provides at least $15,000 for injuries in a one person accident, $30,000 where more than one person is injured, and $10,000 per accident for property damage. People found driving without insurance may have their driver’s license or registration suspended, and incur a state charge of $250 for the suspension to be lifted.

When purchasing insurance you may wish to consider obtaining “comprehensive” or “collision” coverage to guarantee that your vehicle is repaired, as the $10,000 property damage amount is only allocated towards damage that you caused. You may also want to purchase uninsured motorist insurance and underinsured motorist coverage as it can protect you from added expenses associated with drivers that either don’t have car insurance or their policy won’t fully cover your losses.

Personal Injury

If you have been injured in an automobile accident you must ensure that you get proper medical care right away – for both your recovery and to legitimize any later claim. If there are delays, it will be difficult to prove that your injuries resulted from the auto accident. As Nevada is a “fault” state, your compensation for medical care will depend on the coverages in your policy. If you were not at fault then your bills will be paid for by the other driver’s liability coverage. Be sure to also check your uninsured motorist coverage, your health insurance policy and any other insurance coverage that you have that might cover your medical care.

Being involved in a car accident is always a difficult and stressful time, whether or not it was your fault, and the personal injury attorneys at the David Boehrer Law Firm have had years of experience in litigating this field of law. We are here to help if you require any further information or if you simply wish to find out about the compensation to which you may be entitled.

We invite you to call us today at (702) 750-0750 to arrange a free case evaluation.

What to Do When Hurt in Hotel Premises

- David Boehrer

As Nevada is one of the country’s top holiday destinations, it’s hotels and resorts are part of many people’s daily lives. In addition to accommodation, vast hotel properties provide attractive dining, shopping, and leisure options for residents and visitors alike.

Untoward incidents can happen while relaxing at the pool or spa, or strolling through a hotel property, or while dining at a hotel restaurant. Customers and patrons on hotel resort premises have suffered injuries due to slips and falls, swimming pool accidents, fire, assault, elevator and escalator incidents, and other mishaps.

If you sustained injuries at a hotel or resort, you might be concerned about the possibility of receiving compensation for damages.

Responsibility for Injury on Other Person’s Property

Property owners generally have the duty to maintain safe conditions to prevent injury to customers and guests while on their premises. This responsibility includes making necessary repairs, maintaining amenities in good working condition, complying with building regulations and safety standards, and using adequate signage to warn guests about potentially dangerous conditions.

Claiming Compensation for Premises Liability

In tort law, premises liability may be the basis of financial compensation for a guest’s injuries. But for injured parties, claiming compensation can be a complicated and difficult process. Talk to an experienced personal injury lawyer who can guide you through the process and teach you about your legal options.

Proving Negligence

The key to receiving compensation is the injured party’s ability to prove that the property owner’s negligence led to the reasonably foreseeable harm. What is considered ‘reasonably foreseeable’ is that the property owner must know about a potentially dangerous issue affecting the property and must have sufficient time to post a notice or to correct the issue.

What to do after suffering injury in hotel premises:

  • Notify hotel management immediately after the incident or injury. Narrate to them what happened, how it happened, and ask that they file a detailed report of your incident. Ask them for the name and contact details of the insurance company. Request a follow-up from the hotel’s management
  • Get medical treatment. Large establishments often have medical personnel that can examine and treat you on their premises. Depending on the extent of your injury, the property owner or manager may have to call an ambulance. Be sure to keep all medical records such as paramedic reports, hospital bills, and other papers surrounding your injury
  • Take photos and videos of the scene where the accident occurred. Ask eyewitnesses who may have seen the accident take place to write down what they saw or record their explanation of the events on your cellphone. Save their names and contact information. Take pictures of the injury and what caused it
  • You might have lost time at work due to your injuries. Keep documents from your employer to support a claim for lost wages or earnings
  • Contact an experienced personal injury attorney immediately. The property manager or owner may try to offer the injured party a settlement. Without legal advice, accepting a financial settlement right away may prevent an injured party from receiving the true value of compensation that they require for a complete medical recovery. Avoid signing any documents without showing them to an attorney

In metropolitan Henderson and other parts of Nevada, the David Boehrer law firm has been helping clients navigate the intricacies of the legal process of claiming compensation for their injuries. Our firm is prepared to stand up for your right to receive the value of compensation that you legally deserve.

We invite you to contact us online or call us today at (702) 750-0750 to arrange for a free case evaluation.

Moped Helmet Bill to Minimize Traumatic Brain Injury Incidents in Nevada

- David Boehrer

Senate Bill 426 requiring the use of headgear for moped riders has been approved in the Nevada Senate. Mopeds are motorized bicycles that are popular modes of transportation among students. The proposed legislation is primarily intended to address growing incidents of traumatic brain injury affecting scooter and moped riders in the state.

Proponents of the bill maintain that traumatic brain injuries resulting from riders falling off their bikes and hitting their heads on the pavement are the leading causes of critical or fatal injury in a crash.

Brain Injury Statistics

The Nevada Department of Transportation said that 9 people have died and 362 have been injured in moped and scooter crashes from 2006 to 2010. In 2016, 15 deaths have been recorded as moped-related while 6 died in moped crashes in the year before that.

Causes and Effects of Traumatic Brain Injury

Traumatic brain injury, a leading cause of motorcycle, bicycle, and moped crash deaths, is an alteration in brain function caused by a traumatic blow or force such as the head hitting the pavement or other hard object during a vehicular collision. While vehicular accidents account for many cases of traumatic brain injuries, other causes include sports and recreational activities, falls, and violence.

Brain injury can be mild or severe, often leading to irreversible impairment in cognitive and bodily functions. The economic costs arising from brain injury can be tremendous as injured patients often require surgery and lifelong care, checkups, and treatment to manage the effects of the injury. If a loved one has sustained brain injury in a crash, you might be concerned about the injured party’s legal rights to compensation.

Right to Compensation for Brain Injury

When a crash is the result of the other driver’s fault or negligence, or a defective road or road design, or due to a defective equipment or system, the injured party or surviving heirs of the crash victim may seek compensation from the responsible party.

However, establishing negligence and its relation to a traumatic brain injury can be a complicated and difficult process. Sufficient evidence of the crash, the vehicles involved, and the injury must be presented. For these reasons along, we recommend that you engage an experienced personal injury attorney to take care of the procedure and deal with insurance companies on your behalf.

At the law firm of David Boehrer in Henderson, Nevada, our experienced personal injury attorneys are prepared to work hard for you to recover the full value of compensation that you deserve.

Contact us online or call us today at (702) 750-0750 for a free case evaluation. All personal injury claims are handled on a contingency fee basis – you pay us only when you recover compensation.

Key Considerations in the Event of a Truck Accident

- David Boehrer

In 2008 there was a total of 123,918 large trucks involved in nonfatal crashes in the United States. That figure does not include the many thousands of truck accidents that did cause injury or death and as our roads are becoming more and more congested, that figure will likely grow. If you have been involved in a trucking accident then our experienced truck accident attorneys are here to help.

Trucking Regulations

Trucking companies and truck drivers are heavily regulated and governed by federal laws in order to reduce the number of truck accidents on our roadways. For example, truck drivers need to have special licenses obtained after undergoing specific training; they are required to have a specialized education on how to handle and drive their trucks and they undergo various safety precautions for the proper maintenance of their truck.

This all means that if you have been injured in a truck accident and the driver did not have the required training, then you may be able to sue the driver for violation of these regulations. The same applies to any trucking companies that fail to provide their drivers with adequate training or if they hire drivers that are not adequately qualified.

In addition to regulations, there are many federal laws that govern the trucking industry and if any truck driver or trucking company is in violation of these laws, and that violation resulted in the truck accident, then negligence may be proven, and your case strengthened.

Nevada Trucking

In Nevada, the maximum truck operating weight is 129,000 pounds per the DMV requirements. The Nevada Department of Transportation has many guides and regulations for truckers operating within Nevada, but most are consistent with Federal Trucking laws. Commercial truck drivers passing through Nevada must adhere to state laws and the attorneys at David Boehrer Law Firm are happy to help if you have a question related to your personal injury resulting from a truck accident.

Nevada’s Joint & Several Liability

If you are the victim of a crash that was not your fault you can recover compensation from multiple defendants who are responsible for causing the accident. If one of them is unable to pay compensation, then the other at-fault party must make up the difference. This means that the victim should always be fully compensated when there has been a multi-party crash.

This unique law in Nevada becomes important in car accident cases involving commercial vehicles because the victim is able to sue both the driver of the truck and the driver’s employer if the accident happened while they were working. Under joint and several liability, even if the negligent truck driver is unable to pay the compensation, the negligent driver’s employer can be held responsible for the victim’s losses. As Truck accidents often end with fatalities, truck companies normally have large insurance premiums and therefore compensation can be considerable.

Our Nevada truck accident lawyers are experts within the area of truck accident litigation and wrongful death from a truck-related accident. If you would like a free consultation please contact the David Boehrer Law Firm at (702) 750-0750.

Potential Workers Compensation Claim in Henderson Scaffolding Death

- David Boehrer

A construction worker fell to his death when scaffolding in a construction project collapsed from a height of approximately 20 feet above the ground. The construction project owner immediately suspended all activities on the site pending the outcome of the OHSA investigation but did not comment on whether it was the employer of the deceased construction worker, whose family may have a potential workers compensation claim in connection with the workplace accident.

Other Details of the Accident

News reports said that there were three workers on the scaffolding when it started to tilt over and then slowly collapsed. All three workers were allegedly wearing protective harnesses when the accident occurred. Two of the workers managed to jump to safety but they said that one of them was not so fortunate when the heavy structure started to collapse and fell on him. The decedent was trapped underneath heavy scaffolding and died at the accident site.

The construction project was the expansion of an existing commercial center with mixed office and retail spaces that had been ongoing for two years. Workers said that this was the first deadly accident on the site.

Workers Compensation Arising from Construction Accidents

Nevada’s ongoing construction boom may be a sign of economic progress but it carries increased incidences of construction accidents. Scaffolding is often used for workers to perform necessary construction activities at great heights. But like most construction equipment and materials, scaffolding can fail and cause severe and even fatal injuries to construction workers.

Negligence and product defects are often common causes of construction-related injuries. Under existing workers compensation statute, it is possible for the family of the deceased worker to claim compensation under the workers compensation coverage of the employer. An experienced personal injury attorney as well can examine the details of the accident for potential damages arising from any negligence that the employer may be liable for, and even beyond the insurance coverage.

In Henderson and other parts of Nevada, the David Boehrer Law Firm has more than a decade of proven workers compensation experience, helping injured workers and their families completely recover from catastrophic accidents. Our dedicated attorneys will work very hard to obtain the full value of compensation that you legally deserve. We also handle other types of personal injury cases such as wrongful death, truck accidents, and slip and fall accidents. Give us a call today at (702) 750-0750 and tell us about your situation.

$15 Million Awarded in Wrongful Death Lawsuit against Para Transit Bus Company

- David Boehrer

A jury recently awarded damages in a wrongful death lawsuit filed by parents of a man who choked to death while riding a para transit bus. The case stemmed from an incident that happened in July 2011 when the decedent, a 51-year old mentally challenged man, rode a public para transit bus for handicapped and died on board.

Failure to Enforce Para Transit Bus Rules

The decedent, who was the sole rider of the bus at the time, took a seat in the front row of the bus right behind the driver and started eating his sandwich. The decedent was later found slumped into the aisle and had apparently choked on his food.

Parents of the decedent sued the bus company and the driver for their son’s wrongful death, alleging that the defendants’ negligence in enforcing the bus company rules led to their son’s untimely death. The plaintiffs maintained that the bus had strict rules that prohibited eating and drinking on the bus and require the driver to scan its interior mirrors regularly. The bus driver broke both rules and failed to notice that the decedent was clearly in distress.

An expert witness testified that timely CPR and the Heimlich maneuver would have saved the decedent’s life. However, the bus company failed to train its drivers, including the defendant bus driver, on emergency life-saving techniques. After a brief deliberation, the jury decided to award the family of the decedent $7.5 million for pain and suffering and $7.5 million for loss of consortium.

Wrongful Death Claims

In Nevada, the surviving heirs of a decedent may be entitled to a claim for compensation against the person or parties whose negligence or recklessness caused the wrongful death of the decedent. This type of personal injury lawsuit may arise in catastrophic accidents such as car and bus accidents, pedestrian accidents, medical malpractice, slip and fall accidents, and defective products cases. If you lost a loved one in an accident, an experienced personal injury attorney can examine your case and determine whether you may have a right to claim compensation from a negligent party.

In Nevada, the David Boehrer Law Firm has over 10 years of proven personal injury experience involving catastrophic accidents such as wrongful death cases. We work very hard to obtain the maximum value of compensation that our clients legally deserve. Call us today at (702) 750-0750 to learn more about how we can help you.

Who Is Responsible for Driverless Auto Accidents?

- David Boehrer

The United States government is expected to release guidelines and model legislation for states that want to legalize the use of automated cars but are concerned with issues such as liability for driverless auto accidents. The announcement comes after automated car manufacturers Volvo and Google recently stated that they will accept full responsibility for crashes involving their vehicles.

Fatal Driverless Auto Accident

While several accidents involving highly automated vehicles have been reported in Nevada and California which have already adopted the advanced technology, so far only one fatal accident has been recorded this year.

Early this year, a Tesla owner died in an auto accident when it crashed into a truck that was turning in front of it. The automated vehicle ran off the road and smashed a fence and a power pole before it stopped. The car was operated on autopilot at the time of the accident. Investigators said that the autopilot sensors failed to detect the large tractor-trailer against the bright sky.

Issue of Responsibility

The key issue arising from the technology is the liability for driverless car crashes. In Nevada, a party whose fault or negligence caused the auto accident may be held civilly liable for the resulting injuries. Depending on the actual circumstances of the car crash, a potential claim for compensation may exist against the:

  • Automated car manufacturer
  • The other driver
  • The maker of a component of the automated vehicle

Even with car manufacturers’ blanket statements of their responsibility for an accident, they can be expected to raise defenses that the crash was not due to a flaw or defect in their car’s design, successfully avoiding damages in a lawsuit.

What to Do in an Auto Accident

Personal safety should be your priority if you’re involved in a car accident. If you’re injured, get appropriate medical treatment immediately. After taking care of your injuries, it’s important as well to speak to an experienced auto accident attorney about your situation. Your lawyer can examine the details, identify the cause or causes, and determine whether you are entitled to compensation against the negligent party.

In Nevada, the David Boehrer Law Firm has been helping injured clients recover from their auto accidents. Our firm has over 10 years of personal injury experience, working very hard to obtain the full value of compensation that our clients legally deserve.

We welcome your call today, to arrange a free case evaluation, at (702) 750-0750.