Archive for the ‘Brain & Spinal Cord Injuries’ Category

Las Vegas Accident Attorney and Injury Trial Lawyer Tips: Always Ask for a Lawyer’s Experience and Track Record

Friday, July 16th, 2010

Las Vegas accident attorney and injury trial lawyer Craig Murphy here with more practical tips for someone needing to hire a Las Vegas accident and injury lawyer. I recently came across a press release posted on the Internet by a Las Vegas attorney. The Las Vegas attorney’s press release made a number of statements that I found somewhat hard to believe. The Las Vegas attorney claimed to be ”the most respected accident attorney” in Las Vegas and Henderson, Nevada. That is a pretty big claim. It may be true. However, I have never heard of the attorney. During my many years as an insurance defense attorney in Las Vegas, I never had a case against the attorney. During my many years now representing accident and injury victims in Las Vegas, I have never had any dealings with the attorney and have never read that the attorney has taken any case to trial and obtained favorable jury verdicts. Based on that, I think that the attorney’s claim to be “the most respected accident attorney” in Las Vegas and Henderson, Nevada is somewhat questionable.

My point is that anyone can say whatever they want on their web site, in a press release, or in their firm literature advertising their law firm. How can a Las Vegas accident or injury victim tell what is true and correct as opposed to a bunch of hype? Ask for the attorney’s experience on cases like yours. Ask for the attorney’s track record of getting jury verdicts and substantial settlements on cases like yours. In addition to reviewing the Las Vegas attorney’s experience and track record, meet with a number of attorneys in Las Vegas. Don’t just tell them about your case. Interview the attorneys. Ask about their policies and procedures. Find out how the Las Vegas attorney will communicate with you. Find out who will primarily be handling your case. If you are considering hiring a TV lawyer, you must know that the TV lawyer will not be handling your case personally. The Las Vegas TV lawyers have too big of a case load to handle your case personally. Your case will be handled by a case worker or an associate attorney in the office. Find out who. Find out who you should talk to if you have questions. Find out who your contact person is. 

Once you have received the answers to these and other questions that you have, you should see the value in hiring a lawyer who will personally handle your case. You do not want to be shuffled around to a bunch of different case workers. Also, you want to be confident in knowing that the lawyer and law firm have a solid track record, experience, and success. You do not want someone learning on your case, do you? On the job training is not for a serious Las Vegas injury case. If you have been injured in a Las Vegas accident and you need to hire a Las Vegas attorney for your injuries, hire the skilled and experienced Las Vegas trial lawyers at Murphy & Murphy Law Offices. You will get close personal attention to your case. You will also be hiring a firm with a proven track record of success.

Will You be The Next Victim of Tort Reform?

Monday, June 14th, 2010

Las Vegas accident attorney and injury trial lawyer Craig Murphy asks whether you will be the next victim of tort reform. That question presupposes that tort reform causes harm and that it has victims. But isn’t tort reform supposed to protect us all? No is the simple answer to that question. Tort reform quite simply is an initiative by big businesses to protect their profits at the expense of the little guys, you and me. How can that be you ask? Tort reform seeks as its goal to take your rights away and create protections for businesses who wrongfully and negligently harm people. The businesses want to become favored and protected classes. By doing that the businesses take away your constitutional rights. Not only do they take away your constitutional right to a jury trial and for the jury to determine the amount of your injuries and damages, tort reform can leave you with insufficient protection if you are able to get to trial.

Lets look at the current situation in the Gulf of Mexico. The BP oil spill disaster continues unabated. Millions of barrels of oil a day continue to spew into the Gulf. According to BP’s latest estimates, it could take another month before it is able to stop the oil from continuing to spew into the Gulf. In Louisiana alone businesses and entire industries are facing the complete devastation. The financial damages to the tourism industry and the fishing industry cannot even be calculated. Estimates are in the hundreds of millions of dollars, if not more. However, due to the lobbying efforts of the oil companies and other powerful interests, Federal law limits BP’s responsibilities for damages to $75 Million. Federal law caps BP’s financial responsibility to those whose lives and livelihoods have been taken from them. There is no obligation for full and complete compensation. There is no requirement for fair compensation. The compensation is capped. So everyone who has been damaged and all those who may be damaged as the oil spreads to other states and perhaps spreads to the east coast of America will all have to share in the $75 Million.

How is it fair that BP’s damages can be capped? It isn’t. Plain and simple. The people who are damaged the most are the ones who can least afford to be without compensation. BP on the other hand will be protected. Its profits protected. The injured people and small businesses are the ones who are left with no protection and no way to recover what has been lost.

Caps on damages like those protecting BP are in effect in Las Vegas. You may become the next victim of tort reform. Nevada law imposes strict damage limits in medical malpractice cases. No matter how badly a person is injured by the negligence of a doctor, the damages are capped at $350,000 for non-economic damages. What does that mean, if a person is paralyzed and confined to a wheelchair for life, the most a negligent doctor would have to pay for all the pain inflicted, all the mental anguish suffered, all of the enjoyment of life taken away, could not exceed $350,000. If a jury awarded more, the judge, by law, would have to reduce the damages to $350,000. Who wold be willing to be paralyzed for $350,000? No one. Beyond that, suppose a family ember died as the result of medical negligence. Say a young stay at home mom. Would anyone dispute that her life would be worth more than $350,000 to her family? I do not think so. However, that would be all the family would be entitled to receive.

No one thinks of the potential consequences when a proposal to limit the constitutional rights of individuals is being presented by multi-million dollar ad campaigns. National organizations, business alliances, and insurance companies lobby and press politicians everyday to impose strict liability limits to protect them from having to pay damages to people who have been injured due to their negligence. It is nothing more than a scheme to protect and guarantee their profits. More than that it is a means to give them free reign and a license to practice their business in any manner its sees fit without regard to the consequences because they are protected by caps on the damages they have to pay when their practices are negligent and cause injury and damage. Look a BP. What incentive did it have to be safer? What plans did it have if something were to go wrong? BP can know that its liability for damages is capped at $75 Million. It can pay its corporate dividends. It can fund a $50 Million ad campaign to try and save its corporate image. Think about that for a minute. BP is willing to pay almost as much for its public image ad campaign as it will be required to pay for damages due to the protections afforded to it under federal law. How can that be right? How can that be fair? Unfortunately it is the little people all around the Gulf of Mexico and perhaps beyond that will really have to pay the price when BP escapes its full responsibility.

More Support for My Stance Against Distracted Drivers

Wednesday, June 9th, 2010

For quite a while I have been clear in my warnings and pleas to stop distracted drivers. Yet every day I see people texting and talking on the phones while driving. Driving and paying attention is not their major focus or concern. They are ticking time bombs and accidents waiting to happen. In Las Vegas texting and driving is a recipe for disaster. Don’t do it. Stop and think. Stop and think of someone other than yourself. Do not ruin someone else’s life because you needed to send a text message while you were driving.

I recently reported that Oprah Winfrey joined in the battle against distracted drivers who are causing serious injuries across America. Today it is reported that physicians should tell their patients not to send text messages or use their cell phones while driving. In the New England Journal of Medicine doctors are asked to advise patients against texting and cell phones the same as they warn patients against smoking or supporting the use of seat belts.

In addition to the article instructing doctors to warn patients against driving and texting, the U.S. Senate Committee on Commerce, Science, and Transportation approved the Distracted Driving Prevention Act. The Distracted Driving Prevention Act provides incentives to states with distracted driving regulations. According to the Senator who co-sponsored the bill, “It’s a proven fact that distracted driving causes thousands of deaths and injuries every year.”

It is time for Nevada to ban texting while driving. It is time for Nevada to ban talking on a cell phone unless the driver has a hands free device. If you are in Las Vegas and you cause an accident and injure an innocent person because of your distracted driving, I will sue you for the injuries and damages you cause. With or without a distracted driver law in Nevada, i will seek punitive damages against you. That is extra money beyond my clients damages for injuries to punish you and make an example of you. That is money you will have to pay because your insurance does not cover you for punitive damage awards. Think about how much money your next text message is really worth while you are driving. Is the text message really so important that you are willing to risk your entire financial future for it. Is it worth a serious lifetime injury. Probably not. Just don’t do it.

Las Vegas Injury Lawyer tips: An Inexperienced Attorney Can Wreck Your Case.

Tuesday, June 8th, 2010

Here is another practical tip from Las Vegas injury lawyer and trial attorney Craig Murphy. An inexperienced attorney can wreck your case. Yes, that is true, and most people from Las Vegas would agree. But I do not merely mean an inexperienced attorney when I make this point. What I mean is that when choosing an attorney for a Las Vegas injury claim or a Las Vegas accident claim, you must hire a lawyer who has accident and injury experience. You just can not hire an attorney because he or she has been around for a number of years. The lawyer you hire in Las Vegas for your accident or injury claim must concentrate on accident and injury claims.

Why must you hire an attorney who is experienced in Las Vegas accident and injury claims? There a re a number of reasons. Let me give you some examples of people who went wrong in their decision to hire a Las Vegas attorney for their injury and accident claims. The first example comes from an experience I had. I had just taken a significant injury case to trial in Las Vegas. After presenting the case, the jury returned a very significant verdict in favor of my client. The trial had taken over a week to present to the jury. Shortly after the trial I received a telephone call from another Las Vegas attorney. The attorney did not normally handle accident and injury cases. The attorney was primarily a business attorney. The LasVegas business attorney thought that the case would be an easy case to settle. However, the attorney was wrong. The insurance company did not want to settle the case. I do not know the reason that the insurance company refused to settle. However, I suspect that it was due in part to the fact that the business attorney had not properly prepared the case. The Las Vegas business attorney did not want to pay all of the expenses that were necessary to properly prepare the case. As a result, the attorney just did not do it. The Las Vegas business attorney called me because the attorney wanted me to take the case over and take it to trial within two weeks. 

Upon questioning the Las Vegas business attorney, it was apparent that the case had not been properly prepared.  The attorney thought that the case would settle, so the attorney did not spend any money getting the case ready for trial.  The Las Vegas business attorney did not hire any expert witnesses. The Las Vegas business attorney had not properly identified the treating doctors as witnesses and a motion was pending to exclude all of the treating doctors from testifying at trial. There was nothing I could do and I was unable to take that case over for the LasVegas injury victim. In all cases there comes a time where nothing further can be done to salvage a case from improper or inadequate preparation. This case had passed that point long before the business attorney called me. The business attorney knew it and was looking for someone to come to the rescue. The case was beyond rescue and I never heard how the case was ultimately resolved.

Another similar example involves an experienced Las Vegas criminal attorney. The preparation of a criminal case is much different than the preparation of an accident or injury case. There is no or very little discovery in a criminal case. Discovery is a key element of a Las Vegas injury and accident case. The criminal lawyer had not conducted any discovery in the case. That, in and of itself, is not fatal to a case. However, it does not help. One of the biggest differences and problems that exist when a criminal lawyer tries to handle an accident or injury case is the differences in philosophy. In a criminal case the criminal lawyer does not bear the burden of proof. All the criminal lawyer has to do is convince one juror that reasonable doubt exists. The Las Vegas criminal lawyer only has to create doubt in one person. In an accident and injury case, the Plaintiff, you and your attorney, must convince at least 6 people of your case. You have the burden of proof. If you fail to meet your burden of proof, you do not win the case. This major fundamental difference can not be over come by a criminal lawyer. The criminal lawyer cannot over come the mind set. Many elements of the case can often be left out or overlooked as a result.

Similarly, attorneys who are insurance defense attorneys often try to pick up accident and injury cases. Unfortunately, the Las Vegas insurance defense lawyers trying to take an accident or injury case have divided loyalty. They often hire the same experts that they hire to defend cases or they are opposed to experts that they usually use. As a result, they are reluctant to aggressively challenge the expert witness during deposition or at trial. In addition, it is very difficult to automatically switch hats. That is go from challenging every accident and injury case that comes across your desk to all of a sudden accepting the statements and validity of the accident and injury case. There can often be lingering doubts and skepticism of your case. It is human nature. Yet your Las Vegas accident and injury attorney is your advocate. Any doubts and skepticism will be noticed by the jury. You cannot afford divided loyalty.

In a Las Vegas accident or injury case, you must select the proper attorney for your case. You have virtually unlimited choices. Choose wisely because the decision to hire a lawyer for your Las Vegas accident or injury case will be one of the most important decisions that you make about your case. The attorney you choose can affect the outcome of the case. The attorney you choose can affect the value of your case.

When choosing a Las Vegas attorney for your Las Vegas accident or injury case, choose a lawyer who only represents Plaintiffs in injury cases. Do not hire a Las Vegas attorney who also works for insurance companies. Do not hire a criminal, business, transactional, bankruptcy, or wills lawyer for your LasVegas injury case. Do not hire lawyer who says he or she does a little bit of everything. You cannot afford a “Jack of all trades and master of none.” Only hire an experienced Las Vegas accident and injury lawyer. A lawyer who only does accident and injury cases. Nothing else. In addition, make sure that the Las Vegas accident and injury lawyer that you hire has the proper amount of experience. You must hire a layer who has gone to trial a received significant jury verdicts for accident and injury victims. You do not want a settlement lawyer or a settlement mill. If you hire a settlement mill or settlement lawyer, you will not be on equal footing with the insurance company. The insurance companies know better than anyone else who will file a lawsuit and go to trial and who will not. If your lawyer will not go to trial with your case, it is like going to a gun fight armed only with a knife. You have little chances of winning.

Your lawyer is your weapon. Make sure that you have the right weapon for the battle ahead. For your Las Vegas accident and injury case, only hire a skilled and experienced Las Vegas accident and injury trial lawyer with a proven track record of success.

Brain Injuries: Serious Life-Threatening Injuries can Happen Without Warning

Friday, May 28th, 2010

Brain injuries are more common than most people realize. Brain injuries range from minor to major. A minor brain injury may resolve after a short period of time. More significant brain injuries are life-long and life-altering. In America, it is estimated that 1.5 million brain injuries happen each year. Approximately 5 million people in the United States are living with the effects of a brain injury and require some degree of assistance as a result of the brain injury. Brain injuries account for more than 50,000 deaths in the United States per year.

I recently read a book by Zig Zigler and his daughter about the brain injury Zig suffered as a result of a fall down the stairs at his house.  The book documents his struggles and the struggles of his family members trying to adapt to the resultant effects of his brain injury. Zig documents how he continues to live life on his terms event though his life has been dramatically altered by a brain injury.

In the news today it was reported that child actor Gary Coleman died as a result of a brain injury. Apparently Mr. Coleman had a fall and hit his head. Following the fall he was reported to be in good condition and coherent. However, as the brain injury progressed, he fell into a coma and had to be placed upon life support. Reportedly the life support was removed and Mr. Coleman passed away.

The truth is that a minor fall or car crash can cause serious brain injuries. A car crash with minimal property damage can cause fatal or life-long injuries. The brain is very delicate. A minor fall or car crash can cause the brain to impact the inside of the skull, which has many sharp edges and protrusions. The impact can cause a brain bleed or subdural hematoma, a bleeding bruise inside the skull. In addition, the whiplash effect of a car crash or fall can cause internal tearing of the internal structures of the brain. Such tears, known as axonal sheering, can cause significant loss of brain function.

Many people who suffer brain injuries in a fall or car crash do not realize or admit their brain injury. It is the family members, co-workers and friends that notice the dramatic changes in the brain injured person’s personality, behavior and abilities. There may not be any evidence of the brain injury on a brain scan or MRI. However, the people closest to the brain injured person know that something has happened. Something is not the same. It can take a lot of detailed work to diagnose and treat such a brain injury. The effects of the brain injury affect every member of the injured person’s family, employment and relationships.

If you know someone you suspect has suffered a brain injury that has gone undiagnosed and untreated, please call someone experienced in dealing with brain injuries. Whether a lawyer orhealth care professional dedicated to brain injury diagnosis and treatment, they should be able to get you and your family member to the appropriate care facilities and health care providers. If you do not know where to turn, call my office. We will provide you with all of the assistance and information that we have.

Injury Lawyer Las Vegas

Thursday, January 14th, 2010

Top Personal Injury Lawyer Las Vegas

 

A personal accidental injury tends to occur at any instant, generally when we least expect it. If the accidental injury occurs during work or even out in a public or private, you could be entitled to claim for the injuries suffered and the losses caused due to the injury. It is crucial to remember that such a claim may only be filed if the injury was a consequence of circumstances beyond your control or due to an accident that was caused by the other party’s careless conduct. Regardless of the reasons always try getting a personal injury lawyer in Las Vegas as soon as possible to help you with your lawsuit.

 

Kinds of Injury Lawyer Las Vegas

 

Countless law firms, who deal with injury lawsuits, also practice other forms of law which means that they can not provide your lawsuit with the time and commitment it might merit. Always hire an injury lawyer in Las Vegas who exclusively commits themselves to injury law and consequently possess all the applicable qualifications and expertise within the field. Such lawyers are Murphy and Murphy, who deal with a range of various personal injury laws. All the various kinds of lawsuits they handle like car accidents, dog bites, slip and fall, work injury and bicycle accidents to name some, can be seen on their website www.nvpilaw.com .

Injury Attorneys Las Vegas

Tuesday, January 12th, 2010

Acquiring Assistance from Injury Attorneys Las Vegas

 

The majority of people who suffer from personal injuries which they suffered due to an accident at work, on the road or whatever other accident which was not their error, do not realize that they are entitled to a settlement for these injuries from the accountable party. By acquiring assistance from injury attorneys in Las Vegas they will be capable of filing a lawsuit against the party who was accountable for the accident that resulted in the injuries suffered and hopefully achieve a settlement on your behalf. An adept attorney will protect your rights and self-respect at all times and sees to it that you are treated as fairly as possible.

 

Outstanding Injury Attorneys Las Vegas

 

Outstanding injury attorneys in Las Vegas are thoroughly educated in the art of negotiation. They are capable of negotiating the greatest conceivable payouts on your behalf. The majority of the time they will achieve a settlement without even attending trial that means that you may not even be required to go to court, provided that you employ outstanding injury attorneys such as Murphy and Murphy. On their website www.nvpilaw.com  you will be able to learn about what makes them the leading injury attorneys in Nevada and how the personal injury claims procedure works.

Injury Attorney Nevada

Thursday, January 7th, 2010

Significance of an Expert Injury Attorney Nevada

 

Annually thousands of folks are the ill-fated victims of accidents in Nevada that are caused by another person’s carelessness. These victims could suffer severe personal injuries that might leave them incapable of working and leaving them with thousands of dollars of medical charges that they are not able to pay. Luckily these victims can file a lawsuit against the responsible party in the hope of acquiring compensation for the injuries that they have suffered. In order to do this it is crucial that they get an expert injury attorney in Nevada who will assist them with taking legal; action against those accountable and attempt to acquire compensation for the losses that their injuries have resulted in.

 

Getting a Good Injury Attorney Nevada

 

If you are searching for an injury attorney in Nevada it is suggested that you beware of many attorneys who have colorful adverts claiming that they will get you the greatest settlements. Preferably go and meet attorneys like Murphy and Murphy who will check of your case is considerable enough for a large lawsuit and then help you obtain this settlement. To contact these attorneys visit www.nvpilaw.com

Injury Lawyer Nevada

Tuesday, January 5th, 2010

Leading Injury Lawyer Nevada

 

Whenever you sustain a personal accidental injury that was sustained in an accident that came about due to someone else’s carelessness, you could be eligible to file a lawsuit and pursue compensation from the accountable party. A few of these accidents could include any accidents which occur at work or travelling back and forth to work, car accidents involving other motorists, pedestrians and cyclists and accidents which occur in public places like slip and fall injuries. Should you be a victim of an accident of this kind, it is a beneficial idea to get the most dependable Injury lawyer in Nevada who will be capable of assisting you with taking the suitable legal action.

 

Get hold of an Injury Lawyer Nevada

 

If you are searching for an outstanding injury lawyer in Nevada, why not get hold of a lawyer from the practice of Murphy and Murphy. They are among the best personal accidental injury law firms in Las Vegas and are highly recommended by most of their former clients who are satisfied and content with the service they experienced. You are able to get hold of a lawyer from the practice for an appointment by visiting their site www.nvpilaw.com ..

Injury Lawyers Las Vegas

Tuesday, December 29th, 2009

Why Hire Injury Lawyers Las Vegas?

 

A personal accidental injury is able to be rather traumatic and tends to have crushing effects on your life. Should the injuries leave you incapable of working for a period or never again, you could sustain dramatic financial losses and be left with great medical bills that need to be settled. Commonly if you suffered injuries from an accident which wasn’t your mistake, you could be eligible to compensation from the accountable party or their insurance company. For these reasons it is really essential to employ adept injury lawyers in Las Vegas who are capable of helping you take legal action and hopefully reach an adequate settlement from the party who is responsible for your injuries.

 

Best Injury Lawyers Las Vegas

 

Should you have sustained a personal injury that you believe was not your fault, you are able to get hold of the best injury lawyers in Las Vegas at the personal injury firm of Murphy and Murphy. They concentrate exclusively on personal injury law and only deal with bigger lawsuits to guarantee that they give your case the dedication and time it merits. You are able to get hold of a lawyer from the practice on the website www.nvpilaw.com .