Vegas Personal Injury Law Blog

Nevada Auto Insurance Companies – Potential for Settlement of Car Accident Claims

admin — Mon, 15 Apr 2013 17:35:22 +0000

INTRODUCTION I was browsing the internet recently for information on auto insurance company settlement ratios. The first information that I found involved the country of India. That post stated that insurance company settlement ratios ranged from 97.03 per cent to 53.85 percent. Most settlement ratios went down slightly from 2011 to 2012. This may be [...]

There Was a Car Crash and My Vehicle is a Total Loss or Has Major Damage – What Rules Apply?

Allen A Cap Esq — Wed, 06 Feb 2013 18:26:13 +0000

STORY LINE A friend of mine recently was involved in a parking lot accident in which his two-door luxury vehicle sustained major damage. Eventually his vehicle was taken to a certified repair facility for repairs. After repairs were approved by his insurance company, they called him and advised him that another frame rail was bent [...]

Medical Expenses in Personal Injury Cases: Reasonableness and Necessity

Allen A Cap Esq — Mon, 14 Jan 2013 16:00:12 +0000

The purpose of damages in a civil case is to compensate a plaintiff for actual losses caused by the defendant wrongdoer. Therefore, the law provides that a wrongdoer in a personal injury case is responsible for the payment of the reasonable and necessary medical expenses incurred by the injured party as a result of the [...]

Medical Experts: How Do You Respond When Asked the Question “What Are the Bases for Your Opinions on Causation?”

Allen A Cap Esq — Mon, 12 Nov 2012 16:00:22 +0000

Most medical experts do not understand how to articulate their opinions on legal causation. The pivotal issue on most personal injury cases centers on causation. A medical witness must, to a reasonable degree of medical probability, relate the injuries to the subject accident. For future pain and suffering and future medical care, the standard is [...]

Fitness Facility Releases – Do They Prevent Recovery In a Personal Injury Case?

Allen A Cap Esq — Thu, 01 Nov 2012 16:47:57 +0000

A few months ago I saw the staff members of my gym receiving CPR instruction. Recently, I noticed a defibrillator (AED) on the wall of my gym that wasn’t there previously. I did some research and determined that there has been litigation concerning this issue. When you join a fitness facility, you will most likely [...]

Liability Medicare Set-Aside Arrangement

Allen A Cap Esq — Mon, 24 Sep 2012 16:00:22 +0000

Many physicians who treat patients on crossover personal injury/Medicare cases may have some knowledge or the Liability Medicare Set-Aside Arrangement (LMSA). Medicare has a issued the following memorandum which deals with the simplification of the LMSA process: Your certification can serve to expedite the resolution of these crossover personal injury/Medicare cases. The following is [...]

Treating Physicians On Personal Injury Cases Are Not Retained Experts

Allen A Cap Esq — Mon, 17 Sep 2012 21:12:38 +0000

On 8-1-12 The Nevada Supreme Court filed an Order Amending NRCP 16.1 (a)(2) concerning expert witness disclosures. This Order makes it clear that a treating physician is not retained expert under NRCP 16.1(a)(2), even if the patient is referred to him by an attorney, and even though he may rely on the reports and records [...]

Memo to Physicians Treating Personal Injury Patients Who Are Medicare Eligible

Allen A Cap Esq — Thu, 13 Sep 2012 21:09:52 +0000

You are probably treating at least one personal injury patient under an attorney lien, auto med pay, premises med pay or health insurance, who is also Medicare eligible. Or, you may be treating a personal injury patient that you are billing Medicare directly for your services. From the beginning of a personal injury claim, you [...]

Can You Legally Record Private Convertstaions and Telephone Calls?

Allen A Cap Esq — Mon, 23 Jul 2012 16:00:48 +0000

This week I called several insurance companies and invariably heard a greeting which sounded something like this, “This call may be recorded for quality assurance purposes.” Another common greeting is, “This call may be monitored or recorded for training purposes.” Is conversation recording legal? Title III of the Omnibus Crime Control and Safe Streets Act [...]

Benefits of Hiring a Personal Injury Attorney

Allen A Cap Esq — Mon, 09 Jul 2012 16:00:59 +0000

Recently, I was invited to speak to a medical facility’s staff concerning the benefits of hiring an attorney on a personal injury case. Although there are some articles published that touch on this issue, I could not find any that get into this issue with any great detail. Therefore, I generated this blog post to [...]