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

Transcript:

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.

How to Discharge Debt That Doesn’t Appear on Your Credit Report

 

How to Address a Debt on Hampering You That is not Listed on Your Credit Report

 

Transcript:

Hi, I’m Matt McArthur, bankruptcy attorney at Clear Counsel Law Group. I recently had a question from an individual thinking of filing for bankruptcy. It was: How can I get a debt discharged that’s not appearing on my credit report? This is a very good question because the first step that we do as a bankruptcy practitioner is to run your credit report so that we have a baseline of who your creditors are, and who you owe money to, and who out there is expecting to be paid by you.

Now what you want to do is when you get that credit report you need to review it make sure that everyone you owe money to is in fact listed on the credit report. That gets us to the point where if there’s somebody that you know that you owe money to that is not on the credit report, how do we get that information. It would be quite obvious who you owe the money to and how much you owe them if they’re trying to collect against you. If you’re getting phone calls, if you’re getting bills in the mail, that is an easy way to gather this information that’s not on the credit report. That information can be added manually to your bankruptcy schedules after the credit report has been run.

 

Credit report, debt, bankruptcy, Las Vegas, Nevada

 

If you’re worried about a particular creditor that is in current contact with you either by telephone or by mail, then you want to make sure and write down the name of the creditor, write down their mailing address, write down an account number, how much is owed to that credit, and if possible, when the debt was incurred originally, and what it’s related to. All that information is necessary to provide to the bankruptcy court when your bankruptcy schedules are filed.

Now, if you are unable to find contact information for your creditor on the credit report or they’re currently now calling you or sending you any letters, but you remember that you owed somebody money, that’s a little trickier. If you find yourself in that situation, please come and see me, bankruptcy attorney Matt McArthur at Clear Counsel Law Group, and we’ll use our sophisticated methods to track down this creditor’s contact information and get you on the right path to ensure that that debt is discharged as part of your bankruptcy. The last thing you want to do is to file bankruptcy and not got the benefit of the bankruptcy because you couldn’t give notice to one particular creditor. Please come and see me, Matt McArthur, and I’ll help you out. Talk to you soon. Bye.

Could You Be Fired for Suing Your Employer?

 

 

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

Transcript:

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.

 

What Assets of Mine will be Sold in Bankruptcy to Pay Creditors?

 

Which of my Assets may be Sold in Bankruptcy to Pay Creditors?

Transcript

Hi. Matt McArthur, bankruptcy attorney at Clear Counsel Law Group. One thing to keep in mind when you’re filing for bankruptcy, especially a chapter 7 bankruptcy, when you file for bankruptcy, your non exempt assets become part of the bankruptcy estate. Now, the bankruptcy estate is essentially the way of referring to your property that’s not protected that is available for creditors. In a chapter 7 case, creditors get paid from the liquidation of the property of the bankruptcy estate.

That’s a lot of big words there. Basically, what that boils down to is, if you have property that has any value, can you protect it or can it be sold by the bankruptcy court? If it’s able to be sold by the bankruptcy court, the proceeds from those sales go to pay off your creditors. If it’s not something that’s subject to being sold by the bankruptcy court, that’s your own personal property. That’s exempt and it’s not part of the bankruptcy estate.

Business & Finance

Bankruptcy, creditors

 

One thing to keep in mind, property that is part of the bankruptcy estate cannot be sold. When you file for bankruptcy, you are technically not the owner of the property. The owner of the property is the bankruptcy estate, which is how the bankruptcy court has the power to sell that property and obtain proceeds to pay off creditors in exchange for your debts being wiped out.

If you have any questions about whether or not something can be sold during the course of a bankruptcy, please meet with an experienced bankruptcy attorney who will be able to give you some sound advice as to whether or not you really want to sell that property while the bankruptcy case is pending. If you were to sell something that is part of the bankruptcy estate without court permission or court authority, it could cause some big problems for your bankruptcy case and undo everything that you’re trying to accomplish with your case.

Again, this is Matt McArthur, advising you to please speak with a bankruptcy attorney before you think about selling any property during your case. I’ll see you next time.

What is an Appropriate Amount of Car Insurance to Carry?

 

How Much Car Insurance Coverage Would You Recommend?

Transcript:

Hi, I’m Jared Richards. Hi, I’m Jared Richards. I’m one of the partners here at Clear Counsel Law Group. Now, one of our readers has recently asked us how much insurance coverage he should have on his car. It’s an interesting question because there are many different types of insurance coverage you can have on your car. There’s insurance coverage that will cover the property damage that you cause if you’re at fault. There’s insurance coverage that will cover property damage done to your car even if it’s your fault. There is other coverage that will cover your car if it’s somebody else’s fault and they don’t have enough or they don’t have any insurance. That’s for the property damage. Let’s talk about injury.

Now, it’s the same idea. There is liability insurance that’s going to cover you if you hurt somebody else. There’s uninsured and underinsured motorist coverage that covers you if somebody else hurts you. Then there’s MedPay. MedPay simply pays for medical bills. Now I want to talk about how much coverage we have in liability. The answer, I think, is having as much as you can afford. Now, it’s tempting sometimes to either not buy insurance, which is just wrong, I think it’s immoral to not buy insurance, or to simply go with the state minimums. I think that’s also problematic, and possibly also a moral issue.

Now, I understand there are budgetary issues that every family has to deal with. Sometimes, realistically, minimum policies is all that the family can possibly afford. Even if you had the best budgeter examining and altering their budget, they would still put them on a 15/30, a minimum policy. If you have more money, and getting more insurance is not relatively all that much more expensive, buying is helps two people. One, it helps protect you. I had somebody come in recently and say that they had been in a car accident and somebody was suing them. They had assets that were exposed. If you have assets, if you have a lot of money in the bank account, if you have property, if you have real estate rental property, if you have other investments, you need to have insurance. You should also talk about it to an attorney, and you can come talk to our asset protection department, about how to set up those assets so they are protected.

Let’s move on to what I view as a moral issue of protecting others if it’s your fault. The idea is that none of us wants to cause an accident, none of us. It’s so easy to do it. Some are from sheer stupidity. They’re doing things that they shouldn’t be doing: drinking driving, things like that. Some of them are just simple mistakes. We all mistakes when driving. Luckily, for most of us, we don’t make mistakes when somebody’s in our way. But people screw up, and it’s an accident and people get hurt. Now if you find yourself in that situation where you have seriously hurt somebody, don’t you want to be in a position where you can offer up your own insurance policy? You know it’s not going to make it right. You know it’s not going to bring them back their legs or make them work again. It’s not going to make it better. It’s not really going to truly make it even, but it’s the best you can do.

If you’re sitting on a 15/30 policy and, heaven forbid, you nod off at the wheel or you over-adjust your car and you over-adjust your car and you make a mistake that anybody can make, and you kill somebody or you paralyze them for life, or you otherwise seriously, seriously hurt them, you want to be in a position where you can make it as right as possible. For those that have financial ability, I really encourage go buy at least $100,000 of coverage, at least, preferably 250. I’ve even seen a 500/500 policy. Now on top of that, both to protect yourself and to protect others, umbrella policies are very inexpensive. Purchasing a million dollars in coverage on top of your car insurance policy for just negligence, it’s a very affordable prospect. It protects your assets and it fulfills your duty to try to make things right if you have committed a wrong, even if it’s accidental.

I’m not selling insurance here, but you may want to talk to your insurance agent and make sure that your limits are appropriate to protect you, to protect your family, and to protect the other people that are on the road around you. If you have any questions, feel free to give us a call. Thanks for watching this video, and we’ll see you in the next video.

NRCP 16.205 – MANDATORY PREJUDGMENT DISCOVERY REQUIREMENTS IN PATERNITY OR CUSTODY MATTERS

RULE 16.205 – MANDATORY PREJUDGMENT DISCOVERY REQUIREMENTS IN PATERNITY OR CUSTODY MATTERS

 

  • (a) Exemptions.  Upon a finding of good cause, a court may exempt all or any portion of a case from the application of this rule, in whole or in part.

          (b) Required Disclosures.

     

                 (1) Financial Disclosure.  In paternity matters, or custody matters between unmarried parties where paternity is established, a party must complete the cover sheet, the “personal income schedule,” the “personal expense schedule,” and the “business income/expense schedule” portions of the court-approved General Financial Disclosure Form. A party must file and serve the completed financial disclosure form no later than 30 days after service of an answer or response to the complaint/petition, unless the parties are otherwise required to file a Detailed Financial Disclosure Form, or the court orders otherwise upon the motion of a party or the stipulation of the parties. Upon motion, either party may request the court to order the filing by one or both parties of the Detailed Financial Disclosure Form, or portions thereof.

                 (2) Other Initial Disclosures.  A party must, without awaiting a discovery request, provide to the other party no later than the time required for the filing of his/her General Financial Disclosure Form or Detailed Financial Disclosure Form, the following information and documentation:

                       (A) Tax Returns.  Copies of all personal and business tax returns, balance sheets, profit and loss statements, and any documents that may assist in identifying or valuing any business or business interest for the last 2 completed calendar or fiscal years with respect to any business or entity in which the party has or had an interest;

                       (B) Proof of Income.  Proof of income of the party from all sources, specifically including W-2 forms, 1099 forms, and K-1 forms, for the last 2 completed calendar or fiscal years, and year-to-date income information (paycheck stubs, etc.) for the period commencing 6 months prior to service of the summons and complaint/petition through the date of disclosure;

                       (C) Insurance Policies.  Copies of all policy statements and evidence of the costs of premiums for health and life insurance policies covering either party or any child of the relationship, as well as evidence of the cost to separately cover the child/children of the relationship;

                       (D) Non-Expert Witnesses.  The name and, if known, the address and telephone number of each individual likely to have information discoverable under Rule 26(b), including for impeachment or rebuttal, identifying the subjects of the information, and a copy of, or a description by category and location of, all documents, data compilations, and tangible things that are in the possession, custody, or control of the party or non-expert witness and that are discoverable under Rule 26(b). A party must make these initial disclosures based on the information then reasonably available to that party and is not excused from making the disclosures because the party has not fully completed an investigation of the case, or because the party challenges the sufficiency of another party’s disclosures, or because another party has not made the required disclosures. Absent a court order or written stipulation of the parties, a party shall not be allowed to call a witness at the evidentiary hearing who has not been disclosed to the other party at least 45 days before trial; and

                       (E) Disclosure of Expert Witness and Testimony.  A party shall disclose to other parties the identity of any person who may be used at the evidentiary hearing to present evidence under NRS 50.275, 50.285, and 50.305.

                                    (i) These disclosures must be made within 90 days after the financial disclosures are required to be filed and served under Rule 16.205(b)(1) or, if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 16.205(b)(2), within 21 days after the disclosure made by the other party. The parties shall supplement these disclosures when required under Rule 26(e)(1).

                                    (ii) Except as otherwise stipulated or directed by the court, a party who retains or specially employs a witness to provide expert testimony in the case, or whose duties as an employee of the party regularly involve giving expert testimony, shall deliver to the opposing party a written report prepared and signed by the witness within 60 days before the evidentiary hearing. The court, upon good cause shown or by stipulation of the parties, may extend the deadline for exchange of the expert reports or relieve a party of the duty to prepare a written report in an appropriate case. The report shall contain a complete statement of all opinions to be expressed and the basis and reasons therefor; the data or other information considered by the witness in forming the opinions; any exhibits to be used as a summary of or support for the opinions; the qualifications of the witness, including a list of all publications authored by the witness within the preceding 10 years; the compensation to be paid for the study and testimony; and a listing of any other cases in which the witness has testified as an expert at the evidentiary hearing or by deposition within the preceding 4 years.

                 (3) Failure to File and Serve.  If a party fails to timely file and serve the financial disclosure form required by this rule, the court may impose an appropriate sanction upon the party or the party’s attorney, or both, if the court finds, by a preponderance of the evidence, that there is not good cause for the failure. Sanctions may include:

                       (A) An order treating the party’s failure as a contempt of court;

                       (B) An order refusing to allow the disobedient party to support or oppose designated claims or defenses, or prohibiting that party from introducing designated matters in evidence; or

                       (C) An order requiring the party failing to timely file and serve the disclosure to pay the opposing party’s reasonable expenses, including attorney’s fees and costs, caused by the failure.

                 (4) Continuing Duty to Supplement and Disclose.  A party must supplement or amend the party’s General or Detailed Financial Disclosure Form within 21 days after the party acquires additional information or otherwise learns that in some material respect the party’s disclosure is incomplete or incorrect. If the supplemental disclosure includes an asset, liability, income, or expense omitted from the party’s prior disclosure(s), the supplemental disclosure shall include an explanation as to why the item was omitted. The duty described herein shall be a continuing duty.

                 (5) Objections as to Authenticity or Genuineness.  Any objection to the authenticity or genuineness of documents is to be made in writing within 21 days of the date the receiving party receives them. Absent such an objection, the documents shall be presumed to be authentic and genuine, and shall not be excluded from evidence on these grounds.

                 (6) Obtaining Discovery.  Any party may obtain discovery by one or more of the methods provided in Rules 26 through 36 commencing 30 days after service of answer to the complaint.

                 (7) Form of Disclosures.  Unless the court orders otherwise, all disclosures under this rule must be made in writing, signed, and served.

                 (8) Evidentiary Hearing Exhibits.  A copy of each document or other exhibit, including summaries of other evidence, that a party expects to offer as evidence at the evidentiary hearing in any manner shall be disclosed to the other party. Unless otherwise directed by the court, these disclosures must be made at least 21 days before the evidentiary hearing. At least 5 judicial days before the evidentiary hearing, unless a different time is specified by the court, a party may serve any objection, together with the grounds therefor, with respect to the admissibility of materials. Objections not so asserted, other than objections under NRS 48.025 and 48.035, shall be deemed waived unless excused by the court for good cause shown.

          (c) Discovery Disputes.

                 (1) Where available or unless otherwise ordered by the court, all discovery disputes must first be heard by the discovery commissioner.

                 (2) Following each discovery dispute before the discovery commissioner, the commissioner must prepare and file a report with the commissioner’s recommendations for a resolution of each dispute. The commissioner may direct counsel to prepare the report. The clerk of the court shall forthwith serve a copy of the report on all parties. Within 5 days after being served with a copy, any party may serve and file written objections to the recommendations. Written authorities may be filed with an objection, but are not mandatory.

                 (3) Upon receipt of the discovery commissioner’s report and any objections thereto, the court may affirm, reverse, or modify the commissioner’s ruling; set the matter for a hearing; or remand the matter to the commissioner for further action, if necessary.

          (d) Failure or Refusal to Participate in Prehearing Discovery; Sanctions.  If a party or attorney fails to comply with any provision of this rule, or if an attorney or a party fails to comply with an order entered, the court, upon motion or upon its own initiative, may impose upon a party or a party’s attorney, or both, appropriate sanctions in regard to the failure(s) as are just, including the following:

                 (1) Any of the sanctions available pursuant to Rule 37(b)(2) and Rule 37(f); and

                 (2) An order prohibiting the use of any witness, document, or tangible thing that should have been disclosed, produced, exhibited, or exchanged pursuant to this rule.

          (e) Proper Person Litigants.  When a party is not represented by an attorney, the party must comply with this rule.

          (f) Early Case Evaluation.

     

                 (1) Early Case Evaluation.  The district court shall conduct an early case evaluation with counsel and the parties. The district court shall conduct the early case evaluation within 90 days after the filing of an answer or response to the complaint/petition. At the early case evaluation, the court, counsel, and the parties shall meet in person to confer and consider the nature and basis of the claims and defenses and the possibilities for a prompt settlement or resolution of the case and to make or arrange for the disclosures required by this rule. At least 5 days before the early case evaluation, counsel for the parties shall confer to resolve as many of the matters as possible that are to be addressed at the early case evaluation. The court, in its discretion, and for good cause shown, may continue the time for the early case evaluation. Absent compelling and extraordinary circumstances, neither the court nor the parties may extend the time to a day more than 120 days after filing of the answer/response to the complaint/petition.

                 (2) Planning for Discovery.  At the early case evaluation, the court and parties shall develop a discovery plan that shall address:

                       (A) What changes should be made in the timing, form, or requirement for disclosures under Rule 16.205(b), including a statement as to which disclosures under Rule 16.205(b)(1) were made or will be made;

                       (B) The subjects on which discovery may be needed, when discovery should be completed, and whether discovery should be conducted in phases or be limited to, or focused upon, particular issues; and

                       (C) What changes should be made in the limitations on discovery imposed under these rules and what other limitations should be imposed.

                 (3) Case Management.  At the early case evaluation, the court may enter orders referring the parties to mediation, setting the case for settlement conference, and/or setting the case for an evidentiary hearing as well as any other orders the court deems appropriate during the pendency of the action, including interim custodial, child support, and medical insurance orders.

          [Added; effective January 1, 2013.]

NRCP 7.1 – DISCLOSURE STATEMENT

RULE 7.1 DISCLOSURE STATEMENT

  •     (a) Who Must File; Contents.  Any nongovernmental party to a civil proceeding must file an original and one copy of a disclosure statement that:

                 (1) Identifies any parent corporation and any publicly held corporation owning 10% or more of its stock; or

                 (2) States that there is no such corporation.

          (b) Time to File; Supplemental Filing.  A party must:

                 (1) File the disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court; and

                 (2) Promptly file a supplemental statement if any required information changes.

          [Added; effective January 3, 2012.]

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NRCP 9 – PLEADING SPECIAL MATTERS

RULE 9. PLEADING SPECIAL MATTERS

  • (a) Capacity. It is not necessary to aver the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacity or the legal existence of an organized association of persons that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity, the party desiring to raise the issue shall do so by specific negative averment, which shall include such supporting particulars as are peculiarly within the pleader’s knowledge.
    [As amended; effective January 1, 2005.]

    (b) Fraud, Mistake, Condition of the Mind. In all averments of fraud or mistake, the circumstances constituting fraud or mistake shall be stated with particularity. Malice, intent, knowledge, and other condition of mind of a person may be averred generally.

    (c) Conditions Precedent. In pleading the performance or occurrence of conditions precedent, it is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of performance or occurrence shall be made specifically and with particularity.

    (d) Official Document or Act. In pleading an official document or official act it is sufficient to aver that the document was issued or the act done in compliance with law.

    (e) Judgment. In pleading a judgment or decision of a domestic or foreign court, judicial or quasi-judicial tribunal, or of a board or officer, it is sufficient to aver the judgment or decision without setting forth matter showing jurisdiction to render it.

    (f) Time and Place. For the purpose of testing the sufficiency of a pleading, averments of time and place are material and shall be considered like all other averments of material matter.

    (g) Special Damage. When items of special damage are claimed, they shall be specifically stated.

  • Drafter’s Note

    2004 Amendment

    The amendment is technical.

NRCP 20 – PERMISSIVE JOINDER OF PARTIES

RULE 20. PERMISSIVE JOINDER OF PARTIES

  • (a) Permissive Joinder. All persons may join in one action as plaintiffs if they assert any right to relief jointly, severally, or in the alternative in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or of fact common to all these persons will arise in the action. All persons may be joined in one action as defendants if there is asserted against them jointly, severally, or in the alternative, any right to relief in respect of or arising out of the same transaction, occurrence, or series of transactions or occurrences and if any question of law or fact common to all defendants will arise in the action. A plaintiff or defendant need not be interested in obtaining or defending against all the relief demanded. Judgment may be given for one or more of the plaintiffs according to their respective rights to relief, and against one or more defendants according to their respective liabilities.
    [As amended; effective September 20, 1971.]

    (b) Separate Trials. The court may make such orders as will prevent a party from being embarrassed, delayed, or put to expense by the inclusion of a party against whom the party asserts no claim and who asserts no claim against the party, and may order separate trials or make other orders to prevent delay or prejudice.
    [As amended; effective January 1, 2005.]

  • Drafter’s Note

    2004 Amendment

    The amendments are technical.

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