No matter how careful of a driver you are, chances are good that at some point, you’ve gotten a traffic ticket in or around Las Vegas. Each year, tens of thousands of traffic citations are issued by courts throughout Nevada. If you have received a traffic ticket and aren’t sure of the status of your case, you can look it up online.

The key to a Las Vegas traffic ticket search is knowing which court issued the citation: a municipal court or a justice court. Once you have that information, which should appear on the ticket itself, you can go to the court website and determine the status of your ticket. If the website shows that a warrant has been issued, you should reach out to a Las Vegas, NV traffic violation attorney as soon as possible.

While most traffic tickets are relatively minor, they can have a significant impact on your life, causing your insurance premiums to dramatically increase if you have too many points on your driving record and costing you a substantial amount of money in fines and fees. In some cases, you may even face jail time for a traffic violation. That is why it is so important to work with an experienced lawyer to help you clear up your traffic matter.

How to Look Up Traffic Tickets

If you received a traffic ticket and are curious about the status of the case, you can learn more by checking an official government website. The first step is figuring out which court issued the traffic citation.

In Southern Nevada, there are two types of courts that handle traffic matters: municipal courts and justice courts. Municipal courts have jurisdiction over most traffic situations (as well as other misdemeanor criminal offenses) that arise within a particular city. In Clark County, there are five municipal courts:

1. Las Vegas Municipal Court
2. Henderson Municipal Court
3. North Las Vegas Municipal Court
4. Boulder City Municipal Court
5. Mesquite Municipal Court

Justice Courts handle any traffic ticket matter within a particular county in Nevada, along with other misdemeanor criminal cases, preliminary hearings for felony charges, and small claims matters. There is typically one justice court for each township in the county.  In Clark County, there are eleven separate justice courts:

1. Las Vegas Justice Court
2. Henderson Justice Court
3. North Las Vegas Justice Court
4. Boulder City Justice Court
5. Bunkerville Justice Court
6. Goodsprings Justice Court
7. Laughlin Township Justice Court
8. Mesquite Justice Court
9. Moapa Justice Court
10. Moapa Valley Justice Court
11. Searchlight Justice Court

On your traffic ticket, the court name will be listed on the top left corner. Once you know the court that issued your traffic ticket, you can move to the next step: checking the status of your ticket.

How to Check the Status of Your Traffic Ticket

After figuring out which court issued your traffic citation, you can then check the status of that ticket. The process is relatively simple. 

First, click on the link for the appropriate court (above). Second, search for your ticket using either your name or citation number in the “case search” box. 

You can find the case number on a ticket by looking at the top right of the ticket itself. The citation number will be listed, along with other important information about your case, such as the violation date and time and the type of citation issued.

For example, for a Las Vegas traffic ticket search, go to the website of the appropriate traffic ticket court: Las Vegas Justice Court or Las Vegas Municipal Court. Click on the “search” function to lookup the status of your case. There, you will see additional information about your ticket, such as any upcoming court dates and the fine amount.

Some courts do not have an option for searching online, or may only allow you to search by case number. If the district court that issued your traffic ticket falls into one of these categories, you will need to call the court directly. In Boulder City Municipal Court, you will need to call the court at 702-293-9278 to determine the status of your case. You can reach the City of Las Vegas Municipal Court at 702-382-6878 if you don’t know your citation number.

Many courts allow you to pay your traffic ticket online using a credit card on the same website links listed above. Otherwise, you may need to send the payment directly to the court. Typically, the back of the citation will list options for how to pay the traffic ticket.

In some cases, when you do a Las Vegas traffic ticket search, you will learn that the court has issued a warrant, bench warrant, arrest warrant, or a citation for failure to appear (FTA). If you see any of these listed on your traffic ticket lookup, you should contact a seasoned Las Vegas moving violation attorney as soon as possible. In addition to other consequences, like points on your driver’s license or having to attend traffic school, you could be facing criminal penalties if a court has issued a warrant.

How Do I Pay a Speeding Ticket in Las Vegas?

If you got a Las Vegas speeding ticket, you can generally pay the fine in one of three ways. First, after doing a Las Vegas traffic ticket search, you can pay online using a credit card. Second, you can pay your citation by mail, making sure to write your citation number on the check or money order. Third, you can pay in person at the court and get a receipt for your payment.

Remember that you don’t have to just pay a Las Vegas speeding ticket – and that doing so means that you give up your right to fight the ticket. You can also hire a Nevada traffic violation attorney to fight the ticket – and potentially get the fines and fees reduced or even eliminated.

How Long Do You Have to Pay a Ticket in Nevada?

The due date for a traffic ticket fine will be located on the citation itself. Most traffic courts in Nevada have an option for paying online. If you choose to pay another way, such as by mail, make sure that you allow time for the letter to reach the courthouse. Sending the check or money order 3 to 5 days before the date that the fine is due is a good idea.

However, you don’t have to simply pay the fine on a traffic ticket. Instead, you can contest the ticket with the help of a seasoned Las Vegas traffic ticket attorney. Your lawyer can appear in court for you, make legal and factual arguments about the validity of the ticket, and potentially have the ticket reduced or dismissed – which can affect the amount of money due significantly.

What Happens If I Don’t Show Up in Court for My Traffic Ticket?

If you fail to pay the fine for a moving violation in Nevada and then fail to appear in court on the date listed on your ticket, then a judge may issue a bench warrant for your arrest. If you don’t surrender within 30 days, or if your attorney doesn’t have the warrant quashed in that time period, then you may be charged with contempt of court or failure to appear. Even for relatively minor infractions like traffic tickets, a failure to appear charge carries steep penalties, including 1 to 4 years in prison and up to $5,000 in fines.

The possibility of stiff consequences for missing a court date makes it all the more important that you do a Las Vegas traffic ticket search as soon as possible after receiving a ticket. That way, you’ll be able to view the important information about your case – and make sure that you hire a lawyer to represent you and avoid the possibility of being arrested.

Help for Las Vegas Traffic Tickets

A traffic citation may seem pretty minor. Unfortunately, as too many people in and around Las Vegas have learned, any type of Las Vegas traffic ticket can have a serious impact on your life. A skilled Nevada traffic violations attorney can help you negotiate the process and reduce the likelihood of being punished harshly for a moving violation.

At Cap and Kudler, we work hard to protect the rights of our clients throughout southern Nevada. If you have done a Las Vegas traffic ticket search and are concerned about what might happen to you or your driving privileges, give us a call at 702-878-8778 or fill out our online contact form. Initial consultations are always free of charge.

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Walmart is one of the biggest and most popular big box stores in the United States. Today, there are 5,342 Walmarts across the United States. With so many retail outlets throughout the country, it isn’t surprising that slip and fall accidents are relatively common at Walmart stores.

Like all property owners, Walmart has a duty to ensure that visitors to their stores are not harmed due to unsafe or dangerous conditions. If they fail in this duty, then they may be held liable in a special type of personal injury claim known as a premises liability lawsuit. An injury victim can seek compensation for their full range of injuries in this type of claim, from medical bills and lost wages to pain and suffering and emotional distress.

While it may be daunting to take on massive corporation Walmart, a skilled slip and fall attorney can work to get you the money that you deserve. If Walmart was negligent, our law firm will take them and their insurance company on to get you the highest possible settlement or verdict at trial. 

Walmart Injury Claims

Slip and fall accidents can happen in any number of ways in and around Walmart stores. For example, a customer may be hurt in a fall due to:

• A spill in the aisle
• Broken or loose tiles
• Cracked or crumbling pavement in the parking lot
• Wet floors
• Debris in the aisles

If there was a hazardous condition at a Walmart and the store failed to either fix it or warn you about it so that you could avoid it, you may be able to pursue a fall case against the company if you suffered a fall injury.

Slip and falls may seem like relatively minor accidents. However, a fall can lead to serious injuries. Our law firm has represented people who have suffered all types of injuries in slip and falls, including:

• Broken bones
• Spinal cord injuries
• Soft tissue tears
• Neck and back injuries
• Traumatic brain injuries (TBI)

If a person dies in a slip and fall, their loved ones may be able to pursue a wrongful death lawsuit against the property owner. 

Like other retailers, Walmart employees will typically fill out an incident report if you fall in one of their stores. This incident report may then be used as a way to limit Walmart’s liability if you pursue a personal injury case against the company.

Although Walmart is incredibly profitable, it works hard to minimize the amount of money that it pays out on liability claims. Specifically, it has a company, Claims Management, Inc (CMI), that tries to get injury victims to settle their case for as little money as possible. If you fall in a Walmart store, you will be required to file a claim with CMI.

Adjusters for CMI will try to get you to give a recorded statement where you admit fault or say something that undermines your claim. This can destroy your chances of recovering a fair amount for your injuries. That is why it is so critical that you consult with an experienced slip and fall lawyer as soon as possible. They’ll give you legal advice on your options, and handle communications with CMI to protect your rights.

How to File a Claim Against Walmart

As a general rule, property owners have a duty to maintain their premises in a reasonably safe manner. This duty includes an obligation to fix known hazards, or to warn visitors to their property about dangerous conditions. For example, a retailer may put up a “wet floor” sign after mopping to let you know that the area is slippery.

When a visitor is at a commercial establishment like Walmart, the property owner has a higher duty of care. Specifically, they don’t just have an obligation to fix known hazards – they must be proactive in seeking out dangerous conditions and fixing them. Too often, companies fail to take these steps to protect customers.

Filing a claim against Walmart is similar to filing a fall claim against another property owner – except that Walmart has CMI working to minimize or deny your claim. CMI will use a number of strategies designed to limit Walmart’s liability, like asking you to sign documents to allow CMI access to your full medical records, telling you that they accept full liability only to give you a paltry settlement offer, arguing that your injuries are unrelated to the fall, or delaying the claim until you give up in frustration.

The best way to fight back against this type of treatment – and to get the compensation that you deserve – is by working with a skilled slip and fall accident lawyer. Starting with a free consultation, your attorney will help you understand your legal rights. If you decide to hire the law firm, they will send a demand letter to CMI that outlines the facts of the case, the legal reason that Walmart is liable for your fall injuries, and make a demand for compensation.

When you are represented by counsel, CMI will know that it can’t use the same tricks that it normally does. Instead of being able to pressure you into settling the claim for far less than its full value, CMI will be forced to communicate with an attorney who knows the law – and knows what compensation you are entitled to under the law. 

Your damages in a Walmart slip and fall case may include:

• Past and future medical expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering 
• Scarring
• Disfigurement
• Loss of enjoyment of life
• Emotional distress

Your lawyer will make a specific demand for damages to cover your full range of losses. If CMI refuses to offer you a fair settlement, they will file a lawsuit and take the case to court to hold Walmart fully responsible for your injuries. 

Remember: you don’t have to be bullied by Walmart or CMI. With the help of an experienced fall accident attorney, you can get the money that you deserve.

Can I Sue Walmart for Slipping and Falling?

If you fell in a Walmart because of a hazardous condition at the store or in its parking lot, you have a right to file a lawsuit against the company. Walmart is required to provide a safe environment for its customers. If it fails to do so, such as by not cleaning up spills in a timely manner, it can be held responsible for any injuries that result.

Most personal injury cases, including slip and falls, are resolved through settlement. The chances of getting a fair settlement are much higher if you work with a seasoned personal injury attorney who can fight for your right to compensation.

What Is the Average Settlement for a Slip and Fall Case against Walmart?

It depends. Each slip and fall claim is unique, and the value of a case depends on a number of factors. In particular, the nature and extent of your injuries will strongly influence the ultimate settlement amount. For example, if you suffered a broken leg in a fall at Walmart and are fully recovered after 3 months, your settlement will likely be lower than if you suffered a traumatic brain injury and are permanently disabled as a result.

The best way to get a good idea of the value of your case is to schedule a free consultation with a slip and fall lawyer. They can give you a ballpark estimate of your case value – and then fight to make sure that you get the maximum compensation from Walmart.

How Long Do I Have to File a Slip and Fall Case Against Walmart?

In Nevada, you have 2 years from the date of the accident to file a personal injury lawsuit. This is known as the statute of limitations. With some exceptions, unless you file a claim within this 2 year period, you will be barred from pursuing a lawsuit.

Because of this time limitation, it is important to contact a skilled Nevada personal injury lawyer as soon as possible after falling at Walmart. Your attorney will gather evidence and put together a strong claim for damages.

Hurt at a Walmart? We’re Here for You.

Being injured in a slip and fall can be an incredibly traumatic experience. If you’re hurt at a Walmart, the idea of taking on this mega corporation may seem overwhelming. Fortunately, you don’t have to do this alone: a personal injury lawyer can help.

At Cap & Kudler, we represent people who have been hurt in all types of accidents, from slip and falls and dog bites to car accidents and bike crashes. We offer free initial consultations, and never charge a fee unless we recover money for you. To learn more or to schedule a case evaluation with a Las Vegas personal injury attorney, call us at 702-878-8778 or fill out our online contact form.

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You’ve probably heard the phrase “What happens in Vegas, stays in Vegas.” While that might be a good tagline for an advertising campaign, it isn’t quite so true when people get hurt. If you are injured in a Las Vegas casino, you may be able to sue the casino for your injuries.

Just like any other property owner or occupier, casino owners owe their patrons and other visitors a duty of care to maintain their premises in a reasonably safe condition. If they fail to maintain their property appropriately, you could file a lawsuit against them. Through a personal injury claim, you may seek financial compensation for your full range of injuries, including lost wages, medical expenses, pain and suffering, and more.

Suing a casino for injuries may seem daunting. But with the help of an experienced personal injury law firm, you can take on even the biggest casino – and get the money that you deserve for your losses. At a free consultation, you can learn more about your rights and options for pursuing legal action against a casino.

What Types of Accidents May Happen at a Casino?

Although Las Vegas casinos tend to have extremely high levels of security, they aren’t immune from problems. Accidents can happen anywhere. If the casino was negligent in some way and you are hurt as a result, you can file a lawsuit against the casino.

A person may get injured at a casino in any number of ways, including:

• Slip and fall in the casino
• A fall in the casino parking lot
• Intentional assault by a third party due to negligent security (not having enough security guards)

No matter what may have happened, if you are hurt in a casino accident, you may be able to seek money for your full range of losses.

Under Nevada law, property owners must maintain their premises in a reasonably safe condition, and warn others of hazards that are not obvious. To win this type of lawsuit, known as a premises liability claim, you must prove three things:

1. There was a dangerous condition on the premises;
2. The property owner or tenant knew or should have known about the condition; and 
3. The dangerous condition caused your injuries.

In addition, you must be able to demonstrate that you were legally permitted to be on the premises. This may include being on the casino grounds as a guest, for work (such as making a delivery) or otherwise legally at the casino. Property owners, including casino owners, generally do not have a duty of care to trespassers.

Casino patrons are considered “invitees” under Nevada personal injury law. As such, they are entitled to the highest standard of care from casino owners. For invitees, property owners don’t just have a duty to fix problems that come to their attention, but to proactively look for problems to prevent them whenever possible.

If you suffer a casino injury, a skilled Las Vegas personal injury attorney will typically start the process of suing a casino by sending a demand letter to the casino’s insurance company. This letter sets out the facts of the case, the legal reasons why the casino is responsible, and makes a demand for compensation. This usually starts a negotiation process, where the casino’s insurance company makes a counteroffer and each side goes back and forth until a settlement is achieved.

While most personal injury cases settle outside of court, there may be situations where your personal injury lawyer will need to file a lawsuit against the casino and its insurer. Even after a lawsuit is filed, however, the negotiations typically continue.

In a lawsuit for a fall accident or other type of accident at a casino, you may be entitled to compensation for your full range of injuries. This may include things such as:

• Lost wages
• Reduced earning capacity
• Medical bills
• Future medical care
• Scarring and disfigurement
• Pain and suffering
• Emotional distress

The value of your case against a casino will depend on a number of factors, including the nature and extent of your injury.

What Should You Do After a Casino Injury?

If you are hurt while visiting a casino, there are several steps that you can take to increase the chances of a successful legal claim. 

Get Medical Help

First, and most importantly, you should seek medical attention immediately, even if you do not think that you are badly hurt. Getting treated by a doctor will help to establish the link between your accident and the injury, and it will also allow you to get a prompt diagnosis so you have a better chance of recovering fully.

Report the Accident or Injury

If you are able to do so, report the injury to casino management. Write down the name of the person that you spoke to along with the day and time, and ask for a copy of the injury report. 

Document Evidence

Although cameras are not allowed in many areas of casinos, if you can, try to take a picture of whatever caused your injury – such as a loose rug or broken tile – and your injuries. If you can’t snap a picture of your injuries, you may ask the medical personnel to do so for you.

Avoid Speaking with Casino Personnel

Avoid making any statements to casino employees other than the simple fact of what happened. Don’t say that you are sorry or say that the accident was your fault. Remember that anything that you say to the casino and its staff could be used against you.

Similarly, do not accept any offer from the casino, like a free night’s stay or credits to play the slot machines. This could be construed as a settlement of your claim. Even if the casino is offering you a lot of money or other compensation, say no – remembering that you don’t know the full extent of your losses yet and that your case could be worth much more. 

Speak with an Attorney

Finally, schedule a free consultation with a skilled Las Vegas premises liability lawyer. There, you can learn more about your legal rights and what options you may have for pursuing an insurance claim against the casino. Most personal injury law firms handle these types of cases on a contingency fee basis, which means you won’t pay anything up front, and will only pay a fee if you recover money.

How Long Do You Have to Sue for a Casino Accident?

In most Nevada personal injury cases, you have 2 years to file a lawsuit against a casino for injuries suffered there. This is known as the statute of limitations. If you fail to file a claim within that time period, your claim may be barred entirely. 

There are some exceptions to this 2 year statute of limitations. If you are hurt in a casino accident, the best course of action is to reach out to a Las Vegas personal injury lawyer as soon as possible.

Can You Sue a Casino After a Fall?

You may be able to sue a casino for falling, depending on the facts of your case. Generally, casino owners owe their patrons a duty of care to not just fix problems, but to be on the lookout for issues that may arise. If you fall because the casino escalator is damaged, for example, you may be able to file a claim against the casino for your injuries.

There are some situations where a guest at a casino falls and the casino is not liable. The best way to learn about the possibility of suing a casino for your injuries is to schedule a free consultation with a Las Vegas personal injury attorney.

What’s the Average Payout for a Casino Slip and Fall?

When it comes to casino injuries, there isn’t really an average payout or case value. That’s because each case is unique, and the value of your claim depends on a number of factors, like the culpability of the casino, the extent of your injuries, and the type of injuries that you suffered. For example, if you fell at a casino and suffered a traumatic brain injury that left you permanently disabled, you will likely recover much more money than if you fell and twisted your ankle and were better in a few months.

Working with a Las Vegas slip and fall lawyer can maximize your recovery. Your attorney will thoroughly examine the facts of your case, research the law, and then put together a strong argument for full compensation.

How We Can Help

Whether you are in Vegas for a vacation or are a local spending time on the Strip, getting hurt in a casino can be incredibly overwhelming. In addition to dealing with medical bills and emotional trauma, you may be despondent, thinking that there is no way that you can take on a casino. A personal injury attorney can help to level the playing field and allow you to fight for fair compensation for your injuries.

Since 2004, Cap and Kudler has represented clients in Las Vegas and the surrounding areas who have been hurt in all types of accidents – including at casinos. Our law firm is dedicated to helping people like you get the most money possible for their injuries. To learn more or to schedule a free consultation with a Las Vegas slip and fall attorney, give us a call at 702-878-8778 or fill out our online contact form.

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During the pandemic, we are all spending more time watching television.  I have noticed that the large personal injury (PI) law firms are pumping up their advertising. All of us are familiar with the advertising phrases such as, “In a wreck, need a check.” “More lawyer less fee.”;  “I  promise that I will not take more money than you.” 

I receive a lot of phone calls from accident victims who cannot speak directly to their attorney.  Large PI firms have para-legals, who are mostly ex-insurance adjusters, that handle claims on behalf of their advertising attorney. There are not enough hours in the day for an advertising attorney to return all of his clients calls, so he has to rely on his huge staff to do that.

I explain to these callers that if they fire their attorney, he will most likely place an attorney lien on the file for the hours expended on the claim, or the lien will assert for their percentage of any offer to settle.   Therefore, the new attorney must accept the representation subject to that lien. If not much work has been done on the file then, the lien should not be high. However, sometimes the attorney lien will be an amount that approaches $10,000.00 for just opening the file. 

Clients want to trust their PI attorneys to do the right thing on their injury claims. Oftentimes, injured victims of auto accidents are attracted by the marketing and advertising of PI lawyers.  They expect that the lawyer will handle their claim personally, professionally, competently and diligently.  The client vests this trust in the advertising lawyer, with the reasonable expectation that the advertising lawyer will communicate with them about their claim or case.  When the client walks into the advertising attorney’s office for sign-up,  they realize immediately that they    do not speak to the advertising attorney.  This is not a good initial sign about who they will be communicating with on their claim. 

The Model Rules of Professional Conduct for attorneys compel reasonable communication between the lawyer with their client.

Almost all clients trust their attorney to work with them to achieve a desired result. The relationship is bilateral. Numerous factors outside anyone’s control will affect the clients injury claim. The opposing insurance company and your insurance company will make demands for information. These demands require action. The client does not give up the right to have input into their claim or lawsuit. The lawyer and client work as a team to accomplish the best possible settlement.  The fiduciary relationship of the advertising attorney  requires the lawyer to communicate with the client. A lawyer armed with only a portion of the relevant facts about a client’s claim cannot provide adequate representation.  If the client only has a portion of the facts that affect the value of his claim, then he cannot make reasoned or justified decisions about his claim or lawsuit.  There is an obvious connection between good communication and good representation. Failure of communication represents the single-most reason for client bar complaints against lawyers.

So, if you retain a rock star attorney you should be able to communicate directly with him.

Getting back to my initial about advertising PI attorneys, no large PI advertising attorney firm in Las Vegas  uses the phrase, “If you retain me, you will be able to communicate directly with me.”

This is my motto.  If you are looking for this type of representation for your injury claim, call me or send me an email.

Allen A. Cap, Esq.
CAP & KUDLER
3202 W. Charleston Blvd.
Las Vegas, NV 89102
Tel No.: (702)878-8778
Fax No.: (702)878-9350
allencap@capandkudler.com
Board Certified Personal Injury Expert
vegaspersonalinjurylawblog

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The drinking laws in Las Vegas are fairly liberal when compared to many other large cities around the country. While gambling is without a doubt the number one activity that attracts people to Las Vegas, a legendary reputation for drinking and partying comes in a close second. In most places around town, it’s quite common to see people moving around with all types of alcoholic drinks in their hands. You might even see a few who are not moving so well because they’ve had too much to drink.

Las Vegas drinking laws are also very strictly enforced, perhaps because they are so liberal. Unfortunately, however, in a city with a reputation for celebrating everything in excess, drinking and alcohol are still the cause of many accidents and injuries all over Las Vegas.

An Overview Of Las Vegas Drinking Laws

When it comes to alcohol, Las Vegas laws permit many acts that would land a person in jail in most other places. Even so, most of the acts and behaviors that Las Vegas laws overlook are not dangerous in and of themselves. The problem is that we see plenty of accidents caused by people who let things get out of hand and pushed their drinking activities beyond what the law allows.

Las Vegas Open Container Alcohol Laws

In general, carrying an open container of alcohol and drinking in public is legal in Las Vegas. There are, however, some exceptions depending on where you are and what is going on. The most notable exception is that it is against the law to carry alcohol in an open glass container at any time.

The open container laws vary slightly between unincorporated Las Vegas, which includes the famous Vegas strip, and incorporated Las Vegas, which includes the downtown area. Anywhere within the city, it is illegal to carry an open container:

• Within 1,000 feet of where the alcohol was purchased if it was sold in a closed container
• At bus stops
• Within 1,000 feet of any places of worship, public or private schools, hospitals, homeless shelters, or withdrawal management centers.

In unincorporated Las Vegas, including the strip, pedestrians are allowed to walk with any open plastic, paper, or aluminum container of alcohol. Glass containers are always illegal and aluminum containers may be restricted during special events.

In incorporated Las Vegas, including the downtown area, pedestrians are also allowed to walk with any open plastic, paper, or aluminum container but it must have been purchased from a venue with a tavern license. Glass containers are always illegal and aluminum containers are also prohibited on the Fremont Street Experience.

Open Containers In Vehicles In Las Vegas

It is against the law to have an open container of alcohol of any kind in a vehicle or public transportation in Las Vegas. The only exception is some limousine and charter services which have special permits that allow for passengers to drink within the vehicle.

Being Drunk In Public In Las Vegas

Being drunk in public is not illegal in Las Vegas, which surprises many people. Police, however, can and will make arrests or issue citations for many behaviors that occur when someone is in public and has had too much to drink. It’s not uncommon at all for police to charge someone who is obviously drunk for breach of the peace, trespassing, jay-walking, or even public urination.

Las Vegas Drinking Laws Allow Selling Alcohol Around The Clock

Another thing that often surprises tourists about Las Vegas is that there are no time restrictions on the sale of alcoholic beverages. Bars, saloons, and taverns are allowed to stay open and serve alcohol 24 hours a day, seven days a week in Nevada. Stores can also sell closed containers of beer, wine, and liquor around the clock.

While many states restrict alcohol sales by time, day of the week, or even location, it is available anywhere, anytime in Las Vegas.

Las Vegas DUI Laws

As you would expect, drinking and driving in Las Vegas is a crime. Nevada state law prohibits someone from driving if they are obviously impaired because of alcohol consumption or have a blood alcohol content of .08% or higher.

A first and second DUI offense will be charged as a misdemeanor in Las Vegas if nobody is hurt in any type of accident. If someone is hurt in a DUI incident or a third offense is committed within seven years of the first, it will be charged as a felony.

Can I Sue Someone For Accidents Involving Drinking Or DUI?

In Las Vegas, you can sue someone for an accident related to drinking or DUI if they were negligent in their actions and caused injury to you or a loved one. In many cases, if someone is convicted of a criminal offense related to drinking, that can serve as proof of their negligence.

If you suffered injuries due to the negligence of someone who had too much to drink, you may be able to file a claim to recover compensation for medical expenses, time and wages lost from work, temporary or permanent disability, medication costs, rehabilitation, and more.

Contact An Experienced Las Vegas DUI Accident Attorney

If you’ve been injured in a DUI accident or any type of accident involving someone who had been drinking too much, only a knowledgeable and experienced Las Vegas DUI accident attorney will be able to evaluate your case and explain your legal options.

At the Law Firm of Cap & Kudler, we understand the trauma and grief that can be caused by a drunk driver. Our firm has the skill and experience to fight for Las Vegas DWI accident victims. We will make sure that your rights are protected and you receive the full and fair compensation to which you are entitled.

If you or a loved one have suffered injuries due to an alcohol-related accident in Las Vegas, we urge you to contact us as soon as possible. You can reach us online anytime or call (866) 412-7166 to schedule a confidential, free consultation. We’ll be happy to go over the details of your case and discuss what we can do to help you.

The post Liberal Las Vegas Drinking Laws Can Lead To Accidents appeared first on Cap & Kudler - Attorneys at Law.

It’s difficult to find anyone that hasn’t had a pet at some point in their life. A recent APPA national survey found that 67% of American households have at least one pet. That works out to about 84.9 million homes across the country. 

To most Americans, their pets are a part of the family. They entertain, comfort, and provide support for people in too many ways to list. When something goes wrong and a precious pet gets hurt, the great majority of pet owners will feel the same worry, sadness, and anxiety that they would feel if any human member of their family was hurt.

As Las Vegas car accident attorneys, we are most often working on behalf of a person that has been injured. Sometimes, however, it’s not just people who get hurt in an accident. It’s very common for people to travel with their pets and, unfortunately, they get hurt in auto accidents, too.

Property Liability Coverage Can Help When Your Pet Is Injured In A Car Accident

Most pet owners don’t know that they can claim compensation for their pet’s injuries or death in a car accident. It doesn’t quite work the same as an injury to a human being, though.

Under Nevada law, pets are considered personal property. You might not like that definition, but the fact that pets are considered property actually helps. Animals are not the same as people as far as car insurance goes, so their classification as property allows you to make a claim against property liability coverage when they are hurt or killed in an accident.

It is important to note, however, that because it is liability insurance, you can only file a claim if you are not more at fault for the car accident than other drivers. You would make a claim against the insurance of the at-fault driver, not your own.

Filing A Lawsuit When Your Pet Is Injured Or Killed In A Car Accident

Under Nevada Revised Statutes §41.740, pet owners have the right to file a lawsuit when someone injures or kills their pet. The law is somewhat limited and very specific about what you can claim, however.

• Pet owners can not sue for pain and suffering.
• Claims are limited to domesticated dogs and cats only. The law does not cover other types of animals such as birds or more exotic pets.
• Pet owners can claim damages for veterinary care costs, any reduction of market value caused by an injury.
• If the pet is killed, the owner can claim reasonable burial expenses as well as the market value of the pet.
• The owner can claim reasonable attorney fees.
• The award for damages is limited to $5,000 for each pet involved in the accident.

The “market value” of a pet can be difficult to determine. Generally speaking, courts will look at what it would cost to buy another dog or cat of the same breed. Older animals may be considered to have a lower market value than younger animals such as puppies or kittens.

Keep Track Of Expenses Due To Your Pet’s Injury

It will be necessary to prove the costs you’ve incurred because of the injury to your pet just as you would for a personal injury claim involving any person. For that reason, it’s important that you keep receipts for veterinary bills, medicines, prosthetics, or anything else you have to pay for in order to care for your pet’s injuries.

Speak With A Qualified Las Vegas Car Accident Attorney

If you and/or your pet have been injured as the result of a car accident, it’s important to speak with a qualified and experienced accident attorney as soon as possible. A lawyer will be able to ensure that your rights are protected and that you receive the full and fair compensation to which you are entitled.

Contact us for a free consultation. We’ll be glad to go over the details of your case and discuss how we can help you. You can contact us anytime online or call 866-412-7166 to schedule an appointment.

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Our law firm, Cap & Kudler, represents a woman who was recommended to a midwife service owned by a group of midwives to assist her in the birth of her first child.  After speaking with the company, the client chose to use their service for an in-home birth.  As she was giving birth, there was a complication that resulted in what is called a fourth-degree tear (a severe tear of the skin between the vagina and the rectum).  Rather than make sure the client was taken to the hospital for such a serious condition, the midwife offered to do and performed the repair herself—a procedure which even many qualified obstetricians are unqualified to do.

Below are the basic facts of the complaint we have filed on our client’s behalf:

The plaintiff (our client) sought prenatal care and home delivery services with the defendant on or about April 06, 2017, and decided to hire the defendant for those purposes.

The plaintiff went into labor on August 26, 2017, at approximately 04:45.  The defendant and one of her students arrived at our client’s home at approximately 16:00 on August 26, 2017. At the time of the defendant’s arrival, the plaintiff was almost completely dilated (first stage of labor). The next stage (second stage) of labor is pushing the baby through the birth canal and delivery of the baby.  When the plaintiff delivered her baby, she suffered a fourth-degree tear (laceration) of her vagina. This usually occurs when the baby’s head delivers uncontrollably.

A fourth-degree tear of the vagina is one of the most serious complications that can occur during vaginal delivery and is considered to be an emergency that must be repaired immediately by a competent, experienced, well-trained obstetrician, gynecological oncologist, pelvic surgeon, and/or rectal surgeon.  A fourth-degree vaginal tear is a laceration through the vaginal wall and into the rectum allowing fecal material and gas to pass out of the vagina.  This type of laceration also includes a complete tear of the rectal sphincter (muscle surrounding the anus) which controls one’s ability to voluntarily hold stool in the rectum.  Our client’s tear was very large.

It takes years of special training, skill, and experience to properly repair these serious lacerations through surgery.  Only well-trained, highly skilled obstetricians, gynecological oncologists, pelvic surgeons, and/or rectal surgeons who have proper credentials and prior experience should even attempt to repair a laceration of this type.

Rather than making sure her patient got the proper care from a qualified doctor, the midwife advised her that this was something she could handle and convinced the client to allow her to do so.  Predictably, the repair was not properly done and the client had long term complications including passing gas and feces from her vagina until the repair was eventually properly made.  During this time, the client relied on her midwife’s continued assurances that everything was proceeding as expected further delaying her seeking proper treatment.

In this case, the Defendants have advised us that they are not required by law, and do not have, any insurance to cover the damages they have caused in this case.  Nevada Law needs to be changed.  We believe the industry offers a vital service to those who choose to use it, but this industry is in dire need of better regulation, including the requirement that they maintain insurance for situations such as this, where the Defendants caused severe damage to the client, including the need for a second surgery.

The client understands that she is not likely to recover any compensation for the injuries she received as a result of the surgery performed on her by the Defendant.  However, she feels that there is a need for others to be informed of the lack of regulation, licensing, and insurance requirements in the hopes that this will change in the future, preventing others from ending up in a similar situation.  We, also, understand that we are not likely to be compensated for any recovery in this case.  Our goal is to protect people who may choose to use midwife services in the future by seeking State regulation of the practice, including the need to provide insurance from which the patient can be compensated in case of an injury such as this.

The post Seriously Injured Woman Left Alone Due to Almost Nonexistent State Regulations For Midwives appeared first on Cap & Kudler - Attorneys at Law.

Being hit by a car while walking in a parking lot is a somewhat unique circumstance. Depending exactly where you are, things might seem very calm, almost as if you’re alone, or there may be a lot going on around you with cars moving in and out and drivers looking for parking spaces.

The fact is, it doesn’t really matter what’s going on in the parking lot where you happen to be. Being struck by a car as a pedestrian in a parking lot can lead to serious injuries. Weighing thousands of pounds, cars can cause severe injuries to your body, even when they’re moving slowly.

Who Is To Blame When You Are Hit By A Car In A Parking Lot

Most likely, if you were struck by a motor vehicle in a parking lot and can file a personal injury lawsuit, it’s going to be against the driver of the vehicle. Depending upon the exact circumstances though, you may also be able to bring charges against the municipality or property owner if at least part of the accident was caused by problems with the design of the parking lot itself. This is known as premises liability.

If the parking lot does not provide any sort of specific pedestrian walking space, or if there is improper lighting or signage, for example, these things could contribute to a premises liability claim in addition to a personal injury claim against the driver of the car.

What Should I Do If I’ve Been Hit By A Car In A Parking Lot

The first thing you should do is call 911 to make sure that both the police and an ambulance show up. You’ll want the police to fill out a report and you should be checked as soon as possible to see if you need any immediate medical attention. You can also file a report online.

If you are well enough to stand up and walk, you should document as much of the scene as you can by taking pictures. Take pictures of the car, the license plate, the area around you, the ground in the area where you were struck, any columns or other objects that could obstruct your view, etc.

You should also ask the driver for relevant documentation such as his or her license, insurance, and registration information. If they refuse to give you this information, the police will help obtain it for you.

After you’ve had your medical needs attended to, your next step should be to call a personal injury lawyer.

What Can A Personal Injury Lawyer Do For Me?

A personal injury attorney will be able to fully investigate your case and determine if you have a claim worth pursuing against the driver, the property owner, or both.

In many cases, it can be difficult to tell exactly who was at fault. The property owner will almost certainly say that he had nothing to do with the accident or your injuries. The driver will say that you walked out in front of or behind his car and there was no way that he could have seen you. Since there isn’t as much physical damage as with a regular two-car accident, it can be difficult to prove exactly what happened and who was at fault.

The main thing is that no matter who you file a claim against, they’re going to be backed by an insurance company that is going to have their own legal team fighting hard to deny the claim and make sure you don’t get anything.

We don’t believe that’s fair. We believe that if you are injured by the negligence of someone else, you deserve the compensation your entitled to by law, and we will fight for it. By trial or by settlement, we will make sure that you get the full and fair compensation to which you are entitled.

Speak To A Las Vegas Personal Injury Attorney

At Cap & Kudler, our team is ready to do whatever it takes to make sure that you get the best possible outcome for your case. We will guide you along the away and stand behind you to give you strength. Our goal is to take care of all the gal issues and allow you to do what’s important right now, get healthy, and get on with your life.

You can contact us online anytime or call our offices at 866-412-7166 to schedule an appointment. You’ll receive a free consultation where we’ll go over the details of your case, give you an honest case evaluation, and discuss exactly what we can do to help you.

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I, of course, had to agree to do this. It brings three of my passions together: the law, business, and talking about the law. I’ve thought about teaching for a long time and have been involved in Moot Court competitions and enjoyed addressing the lawyers-to-be after watching them present cases. The only problem I have was the limited amount of time I could talk about personal injury law. It’s a subject that take lawyers years to learn. A year in law school and a lifetime of learning as the law changes and expands. As with many areas of law, personal injury law is a living, breathing, and evolving area.

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As Las Vegas personal injury lawyers, we are often asked about what happens if you’re involved in an accident but already have some sort of preexisting condition. Can you still recover damages if you had an existing condition before the accident?

Is it possible, for example, to make a personal injury claim against a supermarket where you slipped and fell, causing problems to a hip where you’d already had previous problems?

Can You Make A Personal Injury Claim For The Aggravation Of A Preexisting Condition?

To make sure everything is clear, in legal terms, a preexisting condition or injury is something that affected the claimant before the injury their claim is based upon happened. 

If it happens that the existing problem, such as in our example above, is in the same part of the body as that which was affected in the new accident, it can make settlement negotiations difficult or make it harder for a jury to decide exactly what type of compensation you should be entitled to.

This type of thing comes up a lot, especially with spinal injuries. Gravity itself takes a toll on the spine over the years and there are plenty of people out there who’ve injured their backs from jobs where they did either a lot of heavy lifting or far too much sitting for years at a time.

What Does It Mean To Aggravate A Preexisting Condition?

To put it simply aggravating a preexisting condition means making some sort of injury worse. For example, a man may have an old injury that causes him to limp somewhat when he walks. He is then hit by a taxi while crossing the street and is forced to wear a brace on his leg to be able to walk freely in the future. Had he not been struck by the car, he never would have needed the brace to walk. This would be an aggravation of his previous injury. It is, in a nutshell, causing more damage than what already existed.

What Effects Can A Preexisting Condition Have On My Claim?

The first major difference is that if you were only hurt where you had previous problems, your personal injury claim will become an aggravation claim. It’s the same basic idea, but the case won’t exactly about you getting hurt, it will be about how getting hurt made your condition worse—which makes things a bit more tricky.

Opposing legal teams and insurance companies will be very quick to claim that you were already hurt and that they shouldn’t be held responsible where you can’t prove exactly how much of your injury is actually their responsibility.

A lot of the case will involve your attorney trying to establish what your state of health was like before and after the accident. This may mean undergoing tests with your doctor, going to see specialists, and almost certainly testimony from medical experts that can provide some kind of insight into how your health or level of pain has changed.

Evidence used may include medical records, work records, witness accounts of the accident, mobility testing, and more.

Even if you don’t have a lot of recent medical records that have to do with your condition, this in itself can help to prove that there has been significant aggravation. If you weren’t seeing a doctor regularly and then suddenly had to make several visits or were taking minor pain medication and now need surgery, this helps to prove there was a significant aggravation of your preexisting condition.

The Eggshell Plaintiffs Doctrine In Nevada.

In Nevada and many other states, there is what is known as the Eggshell Plaintiffs Doctrine. This Doctrine states that a negligent or liable party is responsible for injuries to those with a preexisting condition. The original idea of this doctrine came from the words of a 1940 decision made by the Connecticut Supreme Court.

The basic idea is this, “The eggshell plaintiff doctrine states that [w]here a tort is committed, and injury may reasonably be anticipated, the wrongdoer is liable for the proximate results of that injury, although the consequences are more serious than they would have been, had the injured person been in perfect health….”

Under Nevada state law, defendants are required to take plaintiffs as they are, regardless of whether or not they are in perfect health or already injured. Defendants can be found liable against plaintiffs with or without preexisting conditions within the state of Nevada.

Many court decisions that back up the eggshell plaintiff doctrine can be found in the texts of the following cases as well as others:

State Indus. Ins. Sys. v. Kelly, 99 Nev. 774, 671 P.2d 29 (1983)

https://cite.case.law/nev/98/99/

Perez v. Las Vegas Medical Ctr., 107 Nev. 1, 805 P.2d 589 (1991)

FGA, Inc. v. Giglio, 128 Nev. 271, 283-284 (2012)

Speak With An Experienced Nevada Personal Injury Lawyer

If you’ve been involved in an accident that has aggravated a preexisting condition, our experienced team of Las Vegas personal injury attorneys may be able to help you. We’re here to fight for your right and we will do our best to make sure that you get the full and fair compensation to which you are entitled for your injuries.

Your first consultation is free and confidential. You can reach us online anytime or you can call us at (866) 412-7166 to arrange an appointment. We’ll be happy to go over the details of your case and discuss exactly what we can do to help you.

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