The Time Period to Settle a Case May Not Affect the Award



The Length of Time to Settle Your Case May Not Affect the Award


Hi, my name is Jared Richards. One of our readers has asked, does the amount of time taken to settle a personal injury claim have any bearing on the amount of money that I should expect? The answer is maybe. The two can be related, but there are a lot of factors. Although the factors are related, they do not necessarily control either side.

The amount of money you should expect in a settlement should hopefully be the fair amount of money. That's determined by the nature of the injury, the size of the injury, how much you've actually lost, whether it is in medical bills or whether it's in lost wages, or whether it's just in the value and enjoyment of your life.


Accident at work, personal injury claim, Las Vegas, Nevada, settle


However, if there isn't much insurance to go after, then sometimes a quick settlement will give the entire insurance policy, but it's still not going to be very much money, or it may be only a fraction of the true value of your claim. Sometimes really complex injuries take years to resolve. Those can be very significant claims because they've had a significant effect on your life.

There are times, however, when the two sides are close together but they can never see eye to eye. The plaintiff and the defendant ... just their offers are close but not close enough. Litigation goes on for a long time in that case. You might take years to settle and not actually receive anything more than you would have a year or two before. It's just the two sides can't see eye to eye.

While the length of time to settle can be related to the size of the settlement, taking more time does not necessarily in every case mean that you're going to get more money. You should talk to your attorney about this, and you should talk to them about the length of the litigation and whether you should perhaps compromise some value of your claim in order to settle it quickly, or you should really take the long haul and go for every penny of the true value of your claim even though it might take a long time.

That's something that you need to decide with your attorney. Anyway, if you have any questions, give us a call. We're happy to help.


How Much Damage Should There Be Before You Hire an Attorney?


Knowing When to Hire an Attorney


Hi, my name's Jared Richards and I'm one of the partners at Clear Council Law group and one of our reader's has asked, "My medical bills and property damage and wage loss don't amount to much, should I still hire an lawyer?" The answer is you should still consult with an attorney because sometimes you are not analyzing the claim properly and sometime an attorney will have different insights for you as to the true value of your claim. However, if it really truly a small value claim, often many attorney will decide that it's really not cost effective to get the attorney involved and the attorney will talk to you about that.

Because most attorneys will take personal injury cases on a contingency fee, meaning they'll take a percentage off in a third before you file a lawsuit of any money that they collect and most attorneys in personal injuries will give you free consultations. It never hurts to at least talk to an attorney and maybe get them involved initially.


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If it really truly a small value claim, other than writing to the demand letter the lawyer may have second thoughts about actually filing a law suit and going forward with it. That's something you need to talk to the attorney about and that's something the two of you could work out together.

Otherwise, there's always small claims. If it truly is a small value claim, a few hundred dollars in medical bills, a few hundred dollars in property damage, at that point you can file a small claims complain and small claims court is specifically designed for people to represent themselves. That is always a vital option and sometimes a very good option. Anyway, if you're in that situation please give us a call, we're happy to talk with you and have to give you any guidance we can. Thanks for listening and go take a look at our other videos. Thanks.



How Does Mediation Work in Nevada?


Mediation, Nevada, and Your Civil Litigation


Jared: Hi, my name is Jared Richards. I'm one of the attorneys at Clear Counsel Law Group. One of our clients has recently asked, what is mediation in the context of a personal injury claim? Mediation can happen either before a lawsuit is filed or after a lawsuit is filed. All it is both sides agreeing that they're going to go find a neutral third party, and often those neutral third parties are either very experienced attorneys or retired judges, to go back and forth between the two parties and see if the two parties can come to an agreement as to who's at fault and how much money should be paid.

What will often happen is your attorneys will hire a professional mediator. They're kind of pricy. You're going to probably end up paying them thousands of dollars. Generally the attorneys will front that money for you. You go to their office. Each party is in a different room. The mediator goes and talks to the injured party, figures out the injured party's claim, figures out the story, goes to the defendant, figures out their story, and then communicates back and forth what he thinks is going to be necessary to got the claim settled.


mediation, Las Vegas, Nevada


Mediators are very good often because what ends up happening is each side tends to think that they're right. a mediator, a good one at least, is good at pointing out the weaknesses to each side about their case so that if one side is looking for ... I always like to use low numbers ... $100, and the other side only wants to give $1, then the mediator can tell each side why they should compromise, and often will help get the deal done. Mediation generally is a very good thing. If one side is asking for it, it means that they're serious about trying to settle. Looks like Brian has a question


Brian: How will an attorney assist you in a mediation proceeding?


Jared: It depends on the size of the claim. If you're in small claims court, often mediation is required, and attorneys often are not hired in small claims court. If we're talking about a real injury, something that's significant, you don't want to go there alone because you don't know what the mediator's going to do. Often the mediator and, quite frankly, the defendant's insurance company, is going to make certain assumptions about the strength of your case if you don't have an attorney.

Even if you have a great case, they're going to make certain assumptions about your ability to handle the case and the complexities of court without an attorney, and they will probably devalue your case a bit for that. Just in any complex litigation, and I count injury as ... it can be pretty complex at times ... it makes sense to get an attorney involved, especially if you're going through any sort of judicial process or going through mediation. Anyway, if you're facing a mediation, don't wing it. If you need help, give us a call and we're happy to help. Thanks.


File a Claim with Your Insurance Company after an Accident


Filing a Claim with Your Insurance Company is Important after a Car Accident



Jared: Hi, my name is Jared Richards. I'm one of the attorney's at Clear Counsel Law Group. Somebody's asked if both drivers in a vehicle accident have insurance, is it important to file a claim? It took me awhile to ... I think I understand what was being asked and I think there's a misunderstanding about what the process is to actually get insurance money. The process of actually getting money from an insurance company involves filing a claim with that insurance company.

Regardless of who has the insurance the first step is find out what insurance is available. Next, find out which type of insurance is going to apply to the type of damage that you have. Property damage is different than personal injury and personal injury from the other side's insurance company is different than recovering from personal injury from your insurance company.


insurance company, car accident, Las Vegas, Nevada


It's always a good idea to make sure every insurance company is aware of the accident, file a claim with all of them, and then work with them. Preferably also if you have an attorney work with your attorney to make sure that all of the damages whether it's property damage or damage to a person's body are taken care of through the proper insurance's.

Looks like Brian has a question.


Brian: What should you do if an insurance company won't pay a claim that you filed?


Jared: Well at that point you absolutely need to get an attorney involved. I recommend getting an attorney involved, on every case, from the very beginning, but if you have decided to go it on your own and the insurance company is refusing to pay then go consult with an attorney. The attorney is going to be able to analyze the nature of the accident and decide who's actually at fault and if it turns out the other guy's at fault the attorney will generally be willing to help make that claim. Quite frankly, often insurance companies will stone wall people without attorney's and when they know that the person has an attorney, who actually litigates, the insurance company will often take settlement discussions a little more seriously. Anyway again, if you have any questions give us a call and we're happy to help.

Why You Should Take Photographs After a Car Accident


How Photographs May Help You After a Car Accident


Hi. I'm Jared Richards, I'm on of the attorneys at Clear Counsel Law Group. One of our readers has asked, is it important that I document my injuries with photos?

The answer is, it's helpful, yes. When we get to the point where we're needing somebody to actually make a decision on the injury, whether it's a jury or an insurance adjuster, everything that we can give helps. Documenting what the injury looks like right after the accident and how it resolves over time can be helpful to give whoever is making that decision an understanding of the injury.


photographs, car accident, Las Vegas, Nevada


So yes, if you're injured and it's somewhere where you can actually see it, I would take photographs. It is helpful. You also absolutely want to make sure that you see a doctor, because photographs alone are not enough. You want to take photographs and get all the medical care that you need to help your injuries resolve.

Again, my name is Jared Richards and I am happy to answer any questions you have. Give me a call. Thanks.

How the Type of Injury Can Affect the Timing of a Personal Injury Settlement


How the Timing of Your Settlement is Affected by Your Injury-Type


Hi, I'm Jared Richards and I'm one of the partners at Clear Counsel Law Group. One of our readers has asked: does the type of the injury that you get after being in a car accident affect how long it takes to settle? The answer is yes. Settlement deals with various different factors. Depending on how those play out, your settlement might take a month or two or might take years. The general principle is when you make a claim against an insurance company, you want to make a claim for the full size of your injury.

You don't really know what the size of your injury is until you're done treating. Because, one, you don't know how much you're going to be out of pocket for medical bills, or how much your medical bills are going to be. You don't know whether or not you're going to get better in a timely manner. There may be complications that occur midway through treatment that you don't anticipate at the beginning. Until your injuries have either, one, resolved, or two, your doctors have said there's nothing more we can do so we need to start planning what the expense of your future care is going to be, then it's generally not ripe to settle the case.


settlement, personal injury, Las Vegas, Nevada


Now there is an exception to this. Let's imagine that you have a horrendous injury. Let's imagine you get into a car accident and you lose your leg. You know that the other side has only $15,000 of insurance and you also know that that other side doesn't have money outside of insurance to pay the claim. That case actually might settle very, very quickly because the insurance company is very motivated to get that off their books and to make sure that they are protecting their insured. Sometimes a very big and complicated injury can lead to a very quick settlement.

However, if it was, say, a taxi company that hit you instead or a Walmart truck, or some truck that has a large insurance policy, that probably will lead to a longer settlement, often litigation, because the sides are not going to agree on how serious your injury is and how much you should actually be compensated for it.

Anyway, there are a lot of factors. Big injury, small policy, generally means you're going to be settling quickly. Big injury, big policy, generally means that you're going to be in it for a while. Anyway, we're happy to help. If you have any questions, give us a call and take a look at our other videos. We've got lots of answers for you. Thanks.

What to do after a Slip and Fall at a Franchise Establishment


Whom to Sue after a Slip and Fall at a Franchise Store


Hi. I'm Jared Richards. I'm one of the partners at Clear Council Law Group and one of our readers has asked if I slip and fall at a franchise restaurant, who should I make the claim against? Should I make the claim against the local franchise owner or should I make a claim against the larger company?

The answer is, you have to make the claim against the person who's responsible. Sometimes it's difficult to know exactly who's responsible, whether it's a general company's policy that made the dangerous condition, or whether it's that individual franchise owner that made the dangerous condition. Sometimes you'll sue both, but as a general principal, often it is the local franchise owner that is in direct control of the store and is most at fault.


franchise, slip and fall, personal injury lawyer, Las Vegas, Nevada


One of the things you also want to consider is whether you want to sue multiple parties or just sue the smallest party that's large enough to actually pay the claim. It sometimes will simplify the lawsuit. It sometimes will decrease the number for attorneys involved. Although, I think that generally if you're talking about a franchise, local versus national, they may be represented by the same attorney, so I'm not sure it would matter too much.

Anyway, that's the long answer. The shorter answer is contact an attorney and that attorney is going to have to make the decision as to whether they sue the local franchise, which I think will happen most of the time, or whether they will sue the national brand, which could happen sometimes.

Anyway, if you have any questions, give us a call and we're happy to help.

Your Personal Auto Insurance and Rental Cars


Does Your Personal Auto Insurance Include Coverage for Driving a Rental Car?




Hi. My name is Jared Richards and I'm one of the partners here at Clear Counsel Law Group. One of our readers has asked if a person is driving a rental car, and that person's not listed on the rental car's insurance, will that person's personal insurance cover any responsibility for the car accident?

The answer is yes. If you have rented a car, and you let somebody else drive it, then generally the car insurance, or the car rental company. They all carry insurance, but generally minimal insurance, but generally that insurance will refuse to cover anybody who was not an allowed driver; an allowed driver by the rental company.


rental car, car accident, Nevada, Las Vegas


The next question is, is there any other insurance to use? Yes, that driver's own car insurance should cover the accident. I'm not sure that I've ever seen a car insurance policy that's related to that person as an individual that wouldn't have covered it.

Now, there may be other factors: if he's driving for reasons of work, or other things that may affect coverage, but in general, if a person is driving a rental vehicle and they're not an allowed driver, they're not listed with the car company, then their personal insurance, yes, should still cover the accident.

If you're in that situation or you've been hurt by somebody like that, give us a call, we're happy to help. You could otherwise explore our website. We've got lots of videos to answer all of your questions. Thanks, and have a good day.

Could You Be Fired for Suing Your Employer?



Should You Fear for Your Job from Your Employer if You Sue?


Hi, my names Jared Richards and I'm one of the partners at Clear Counsel Law Group. One of our readers has asked whether he can be fired when he is filing a lawsuit against the employer? The answer's actually kind of complicated. As a general principle, we are an at-will employment state. In fact, I think [virtually] every state in the Unites States is an at-will employment. What that means is in an at-will employment state in general, an employer can fire an employee at any time for any reason. Just like an employee can quit at any time for any reason. Sometimes there are contracts that will prevent those. If there's no employment contract in play then that's the general principle.


employer, fired, lawsuit, Las Vegas, Nevada, employment


Employer can fire you for any reason that he wants. There are some exceptions. One, employers cannot fire you for federally protected reasons. For example, if you fall in to a protected category of race, gender, age, the employer can't fire you on on the basis of discrimination. He can fire you for other reasons but not on the bases of discrimination. That doesn't really apply to the lawsuit issue. Also, that only applies to employers of a certain size. As far as a lawsuit goes, it depends on what is the purpose of the lawsuit. There is a principle in the law that says the employer cannot terminate you for being a whistle-blower. If the employer does then the employers going to be liable. If the lawsuit is essentially you being a whistle-blower then the employer better think twice about firing you for that reason.

This is actually a pretty complicated area of law. I would highly recommend that you talk to somebody who has experience in representing people in employment matters. I'd find an employment lawyer. If you have any more questions please give us a call and we're happy to help.


You Should Not Represent Yourself in a Deposition


Why You Should Not Represent Yourself in a Deposition


Hi. I'm Jared Richards, one of the partners here at Clear Counsel Law Group, and one of our readers has asked, "Is it a bad idea to represent myself in my own deposition for my own personal injury case?" The answer is yeah, it's a bad idea. The basic concept of this is the rules of this whole procedure, the laws related to injury or really any area of law, they can get complex. Sometimes there are minutia that you don't think about, little details that attorneys are trained to think about because we've done it before, and we've been down that road, and we have experience, and we identify these problems and traps that you don't necessarily know.

In defending a deposition, it's going to be somebody's job, either your job or the attorney's job, to make objections to improper questions, and if you don't make the right objections, then sometimes your case can run into trouble. In addition, there's an art to technique to taking a deposition, and it's really helpful to work with an attorney to learn what it is that you should say, what it is you shouldn't say. I mean you should always tell the truth, but generally it is both the defense and plaintiffs will tell their people not to volunteer more information that's not actually asked, and that's something that an attorney can help you with during a deposition.


deposition, personal injury, Las Vegas, Nevada


The other thing is that it's always nice to have somebody else as a sounding board, who when you take a break, can tell you how you're doing, whether your demeanor is good, and whether there's anything that you ought to be doing to make your deposition even a better experience. That's something that you can't really do by yourself because it's really tough to sit outside your body and watch yourself act or talk and see how your body language is. That's something that an attorney is good at.

Really, I would never recommend for somebody to, one, represent themselves in a serious lawsuit, and I certainly wouldn't recommend them to go into a deposition without an attorney. If you're in that situation, give us a call and let's see if I can help you or one of my attorneys can help represent you in that. Regardless, if you have any questions, just give us a call and we're happy to help.

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