Vegas Injury Law
Helping People Who
Were Hurt In Nevada
David Matheny, Esq.
Helping People Who Were Hurt In Nevada
David Matheny, Esq. for a free consultation.
Wrongful Death |
Car Accident |
Slip & Fall |
Product Defect |
DEMPSEY, ROBERTS & SMITH, LTD.
1130 Wigwam Parkway
Henderson, Nevada 89074
Las Vegas Lawyer - Las Vegas Attorney - Las Vegas Personal Injury Lawyer
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A Las Vegas Lawyer Can Explain The Intentional Tort of Battery
Many torts (personal injury claims) are based on the negligent misconduct of a person or company. However, some Las Vegas tort claims can be based on intentional acts and a claim for battery is an intentional tort. Battery is the intentional infliction of a harmful or offensive bodily contact. For example, if someone hits you in the face on purpose - that person has committed battery. If the act was not on purpose, it does not qualify as a battery. This means that if you suddently turn and your arm accidently hits another person - the act was not a battery. Also, to prove a claim for battery in Las Vegas, your Las Vegas Attorney will need to show that the attacker intended to hurt you. Generally, this means the other person intended to cause a harmful or offensive bodily contact; or he or she intended to cause an imminent apprehension by you that you would receive a harmful or offensive bodily contact. Also, intent could be shown if you were hit, but the attacker intended to hit (or to cause the fear of being struck) another person and hit you instead by accident. This would be the situation where the defendant might be throwing a rock to scare someone else and the rock strikes you. Depending on the facts of your Las Vegas battery claim for damages, the intent factor may not be too hard to prove in a battery lawsuit filed on your behalf by a Las Vegas Lawyer. In order to prove that a harmful or offensive contact happened, a Las Vegas Attorney would need to show that the blow you received caused you pain, bodily damage or in some cases, that the physical contact was only "offensive" (meaning that it offended a "reasonable sense of dignity"). So, if someone spits on you, that would be considered offensive to a person of average sensitivity, and a battery claim may be supported. Generally, if someone bumps into you in a crowded area, you would not have a claim for battery because this type of physical contact is expected in the busy and crowded world we live in. However, if another person intentionally hits you (or inadvertently hits you when that person intended to scare you) with any part of that person’s body (or with any object that person picked up), you should consult a Las Vegas Accident Lawyer to determine if you have a viable claim for battery.
A Las Vegas Lawyer Can Evaluate An Intentional Infliction of Emotional Distress Claim
A claim for intentional infliction of emotional distress (also called the tort of outrage) occurs when another person has acted in such an extreme and outrageous way towards you so as to intentionally cause you to suffer emotional distress. Generally, to make a claim for intentional infliction of emotional distress, you need to prove that the misconduct was so extreme that a person of average sensitivity would believe the act was outrageous conduct . You also need to prove that the other person intentionally or recklessly caused emotional distress and you need to show that there emotional distress was experienced by the victim. The defendant can usually be held liable for emotional distress inflicted on the person who the defendant intended to make suffer. Sometimes, the defendant can be held liable to a third person for inflicting emotional distress (this could happen when a family member of the victim is present). The necessary elements of the tort of intentional infliction of emotional distress (the tort of "outrage") are generally: (1) extreme and outrageous conduct with either the intention of, or reckless disregard for, causing emotional distress, (2) the plaintiff's having suffered severe or extreme emotional distress and (3) actual or proximate causation. Star v. Rabello, 97 Nev. 124, 125, 625 P.2d 90, 91-92 (1981). Often an emotional distress claim will be concurrent with another personal injury claim your Las Vegas Lawyer may pursue (such as a battery claim). Consult a Las Vegas Attorney to evaluate whether you have a claim for intentional infliction of emotional distress.
A Las Vegas Lawyer Can Evaluate If The Negligent Party Owed A Duty Of Care
Negligence is the committing of an act which a person exercising ordinary care would not do under similar circumstances or the failure to do what a person exercising ordinary care would do under similar circumstances. This definition illustrates that in an action based on negligence, it is important to establish that the negligent person or company had a duty to act in a certain manner. Whether a duty is owed is a question of law which is determined by the court. Scialabba v. Brandise Const. Co., Inc., 112 Nev. 965, 968, 921 P.2d 928, 930 (1996). Sometimes, there is no duty to act. For example, strangers are generally under no duty to aid those in peril. See Sims v. General Telephone & Electric, 107 Nev. 516, 525, 815 P.2d 151, 157 (1991). Yet, if a special relationship exists between the parties (like the teacher-student, innkeeper-guest or employer-employee relationships), an affirmative duty to aid others in peril is imposed by law. See id. at 526, 815 P.2d at 157-58. Also, a party who is in control of the premises is required to take reasonable affirmative steps to aid the party in peril. Id. at 526, 815 P.2d at 158. This duty imposed on someone who is in control of the premises is often used as a means of recovery in Las Vegas personal injury cases. So, even though there is no duty by a stranger to rescue someone who needs help, the law may impose a duty if there is a special relationship or control of the premises. Some cases can contain both the special relationship and a premises control factors. For example, restaurant owners and their employees may owe a duty to help a patron who needs medical attention. See Breaux v. Gino's, Inc., 153 Cal. App. 3d 379, 200 Cal. Rptr. 260, 261 (Ct. App. 1984) ("It is well established that restaurants have a legal duty to come to the assistance of their customers who become ill or need medical attention . . . ."). Being able to show that the negligent person or company had a duty is one of the first steps a Las Vegas Lawyer may discuss when you seek a free evaluation of your Las Vegas Accident. Once your Las Vegas Personal Injury Lawyer can show that a legal duty exists, then the negligent party can be held to a standard of reasonable care under the circumstances. See Sims, 107 Nev. at 526-27, 815 P.2d at 157-58. Determining whether someone’s conduct was "reasonable" under a given set of facts is usually a jury question. See Sims, 107 Nev. at 527, 815 P.2d at 158. This means that your case may survive a motion for summary judgment (this is a motion the other side can make to knock out some or all of your claims before trial), if your Las Vegas Attorney can show that there are issues of fact remaining to be discovered regarding the reasonableness of the negligent party’s conduct.
A Las Vegas Lawyer Can Explain Terms Associated With A Las Vegas Car Accident
There are many words and phrases associated with a Las Vegas Auto Accident, which a Las Vegas Lawyer can help you understand in the context of a Nevada personal injury claim. Here are some of the terms related to car accidents in Las Vegas Nevada: subrogation lien, last clear chance, bodily injury, indemnification, bad faith settlement, NHP, head on collision, vehicle collision, vegas injury law, med pay, victim, survivor, subrogation, subrogate, t-boned, broad-sided, head on, henderson injury law, summerlin injury law, therapy, chiropractor, doctor, insurance adjuster, road, traffic statistics, failure to yield, dui, cited, citation, violation of statute, indemnity, uninsured, underinsured, coverage, third party polcy, traffic, police report, mile marker, policy limits, demand, medical specials, meds, offer, counteroffer, back injuries, whiplash, accident reconstruction, nevada injury law, reno injury law, emergency, highway, Nevada Highway, insurance, stacking, policy, insurance policy, neck injury, neck injuries, neck injury, medical bills, adjuster, personal injury lawyer, pi lawyer, injury lawyer, lumbar, sprain, Metro, LVMPD, accident investigation, traffic fatality, air bag, skid marks, rear ended, medical expense, pile up, three car, four car, other driver, heavy traffic, dangerous traffic, traffic conditions, and fender bender.
A Las Vegas Lawyer May Obtain Compensation For Many Types Of Injuries
There are many different types of Nevada personal injury claims which may be filed to obtain compensation for any injuries you received in Nevada. For example, a Las Vegas Lawyer may file a lawsuit for Traumatic Brain Injury in Las Vegas, Nevada. A Las Vegas Accident Lawyer could work on your case for Spinal Cord Injuries resulting from a car accident in Las Vegas,Nevada. A Las Vegas Injury Lawyer may obtain a settlement to compensate you with monetary damages for the pain and suffering you endured if the accident caused severe impairment such as Paraplegia or Quadriplegia. A Nevada Attorney might litigate a case for Closed Head Trauma or Other types of Head and Brain Injuries in Reno. Nevada. Clearly, the most tragic Las Vegas accidents are those which cause the death of a family member. All of these claims fall under the legal area of personal injury law. Since each accident can cause unique injuries, a Las Vegas Personal Injury Attorney has to become familiar with many different types of injuries including the following: knee injuries, ankle injuries, football injuries, foot injuries, sports injuries, running injuries, brain injuries, eye injuries, neck injuries, back injuries, spinal cord injuries, head injuries, shoulder injuries, spinal injuries wrist injuries, hamstring injuries, sport injuries and baseball injuries, which happened in Las Vegas, Summerlin, Laughlin, Pahrump, Wendover, Ely, Reno, Henderson, Mesquite, Winnemucca or any other town in Nevada. There are many injuries which are related to certain activities such as: muscle injuries, hip injuries, basketball injuries, spine injuries, groin injuries, ligament injuries, hockey injuries, stress injuries, common injuries, golf injuries, hand injuries, dog injuries, work related injuries, tendon injuries, rib injuries. Additional injuries which might be encountered when a Las Vegas Injury Attorney files a lawsuit might include: repetitive stress injuries, finger injuries, tennis injuries, skateboarding injuries, cheerleading injuries, whiplash injuries, workplace injuries, common knee injuries, tailbone injuries, lower back injuries, bone injuries, thumb injuries, traumatic brain injuries, trampoline injuries, joint injuries, sports related injuries, dance injuries, burn injuries, paintball injuries or many other unintentional and sometimes intentional injuries which a person may have been subjected to in Henderson, Summerlin, Laughlin, Pahrump, Wendover, Ely, Reno, Mesquite, Las Vegas, Winnemucca or any other town in Nevada. Further, a Las Vegas Lawyer may demand a settlement or file a lawsuit for the following types of injuries: wrestling injuries, runners injuries, lifting injuries, swimming injuries, skateboard injuries, repetitive strain injuries, ski injuries, running knee injuries, orthopedic injuries gun injuries, calf injuries, work injuries, common sports injuries, toe injuries, birth injuries, brachial plexus injuries, cervical spine injuries, boxing injuries, heat injuries, repetitive motion injuries, car accident injuries, weight lifting injuries and many other types of personal injuries you may have sustained in Las Vegas, Henderson, Summerlin, Laughlin, Pahrump, Wendover, Nevada.
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Copyright: David Matheny, 2003-2005.