ADA Injuries & Death
If you have a disability and suffered an injury because a business failed to comply with ADA accommodations or ADA requirements, we have the wherewithal and knowledge to lead you through your injury claim. We understand that for some, a legal disability already presents physical or mobility challenges making them more vulnerable to potential injury, particularly in a situation where one may expect that a property is ADA compliant and safe, but it is not, creating a dangerous condition for persons who are disabled. I successfully prevailed and resolved matters involving ADA violations causing injuries and death against mega-resorts and corporations. I can help navigate the different aspects of an injury claim involving ADA violations.
Let’s TalkAuto, Truck & Motorcycle Accidents
Auto collisions are among the leading causes of injury and death in Nevada and across the country. Big or small, an auto collision can cause chaos in your life. For the injured, hardships may last weeks, months, even years. If your accident was caused by a negligent party or while you were a passenger in someone’s vehicle, you have the right to pursue compensation for all of your losses. These types of cases always involve large powerful insurance companies with endless resources, including one’s own insurance company who may also pose hurdles and challenge their own customer’s damages. A skilled personal injury lawyer can help clear the path of any obstacles and help with medical treatment, medical bills, insurance adjusters, preserving evidence and litigation.
Let’s TalkHotel, Casino & Mega-Resort Injuries
Locals and our visitors unfortunately get injured at busy hotel properties and mega resorts in countless different ways. Hotel and casino owners spend a lot to turn a profit and often only spend the bare minimum on safety measures for guests. Certain events are foreseeable and repetitive problems. Hotel/Casinos and Mega Resorts are known to put forth an aggressive fight, even to provide their own video footage capturing an event. You need an attorney with experience in dealing with gaming establishments and resorts because there are rules and processes unique to these property types. Some frequent situations involve hotel room accidents, hotel/valet transportation, negligent employees, elevator and escalator, unsafe areas, negligent security, nightlife dangers, inadequate lighting, and other imaginable scenarios.
Let’s TalkPublic Property & Jail Injuries
Injuries occurring on public property or within jails and detention facilities often involve complex legal considerations due to the heightened duties imposed on governmental entities. When an individual is harmed because officials failed to maintain safe conditions, ignored hazardous situations, used excessive force, or provided inadequate supervision, the consequences can be severe. These claims require prompt action to secure evidence, meet strict notice requirements, and identify which state, county, or federal agency is responsible. Navigating these cases demands a thorough understanding of the unique protections and procedures associated with government liability.
Let’s TalkFederal Employee 3rd Party Workers Comp Claims OWCP & DOL
Federal employees injured in the course of their duties may encounter additional challenges when a third party contributed to the incident. These matters require a strategic approach to ensure proper coordination between OWCP benefits, potential third-party recovery, and compliance with the Department of Labor’s requirements. A well-managed claim helps safeguard medical treatment, wage-loss benefits, and long-term compensation while simultaneously pursuing the full value of damages available through a civil action. Careful planning is essential to avoid jeopardizing federal entitlements and to maximize the total recovery available to the injured worker.
Let’s TalkInsurance Bad Faith
Consumers who purchase insurance coverage do so in good faith and pay premiums in exchange for certain promises and benefits with the insurance carrier. Insurance providers are expected to uphold their obligations to handle claims fairly, efficiently, and competently. When insurance companies fail to uphold their legal duties under Nevada Revised Statutes Chapter 686A and common law. Injured victims can be subjected to a number of additional burdens. For example, your insurance company may offer less compensation than you deserve, failing to settle or handle claims in a timely manner, and unfairly deny a claim. April Injury Law knows how to present a compelling argument and guide you in taking the steps to hold your insurer accountable.
Let’s TalkPremises Liability
An injury on premises owned or operated by someone else can occur in a multitude of ways. Owners have a duty to ensure safety of their visitors and others who have legal permission to enter the premises. In many situations, the law ensures that all visitors have the right to be kept safe from preventable harm. When the property owner / employees fail to uphold their legal duties to provide safe conditions, they can be held fully liable for the damages suffered. Frequent causes of incidents include slip and trip, hit and fall, exposure to harmful substances, negligent / insufficient security, insufficient lighting, pool accidents, violations of health/safety codes, and injuries caused by other third parties.
Let’s TalkProduct Defect
A product injury can occur in a variety of ways, from power tools to outdoor recreational vehicles to everyday household objects to medical implants to pharmaceutical drugs. When you purchase a product or use one at a business, you expect it to deliver as advertised and to function correctly. Suffering a serious injury is the furthest thing from your mind. Design and manufacturing defects, along with products that fail to warn you of its potential risks, injure thousands of Americans every year and many of these incidents are preventable. Corporations that own products aggressively defend any case that comes their way and have unlimited resources to do so. You need an attorney who is knowledgeable and experienced in product liability, but also who creatively pursues a corporation where money is no object to get their attention in a different way.
Let’s TalkSlip/Trip/Hit and Fall Injuries
Fall injuries are prevalent and can occur in a variety of ways. Injuries occur when a business or other premises allows a dangerous condition to exist without giving notice to guests about the potential dangers. It is important to retain an attorney as soon as possible so that critical evidence, including video footage, is preserved.
Let’s TalkTraumatic Brain Injury
If your loved one has suffered a brain injury, your focus is naturally upon their recovery and we can help. We understand the fear, grief, and suffering surrounding a terrible situation and the observation of a loved one with a brain injury. A brain injury comes through a blow to jolt to the head causing the brain to shift within the skull. Traumatic brain injuries are serious and sometimes life threatening injuries. Often times, they may go undetected. The type and severity varies greatly, but even mild traumatic brain injuries (such as concussions) can result in various lifelong physical and psychological problems. In cases of brain injury, damages are typically high in value. Brain injury cases are assessed on an individual basis and reflect the extent of the changes in a victim’s life and their family’s life.
Let’s TalkWrongful Death
A wrongful death action can occur in a number of ways, losing a loved one is tragic, especially when the loss is complicated by the fact that another’s negligence or recklessness played a contributing or sole factor in an untimely death. I understand these matters can become increasingly complex, emotional, and overwhelming. I offer my compassionate support and guidance to the families forced to endure the struggles of wrongful death and obtaining all the damages the law allows. The law honors one’s relationship with the loved one(s) making the claim and considers loss of love, companionship, support, society as well as financial expenses, and punitive damages if applicable.
For wrongful death claims in Nevada (NRS 41.085), heirs and personal representatives may bring an action, the surviving spouse or domestic partner, the decedent’s child or children, parents of the deceased person if they have no children, and/or special administrator on behalf of the decedent’s estate. Others are allowed to file a claim if they can show they were dependent on the decedent at the time of their death (such as stepchildren, stepparents, and others).
What if the decedent suffered before their death? Some decedents fight for their lives after a tragic incident by enduring a tremendous amount of pain, trauma, and misery before they pass. NRS 41.100, Nevada’s Survival Statute allows the claims to survive the decedent since they were incurred before death – these claims may be brought by the decedent’s personal representative.
My office and co-counsel David T. Duncan Esq. of the Duncan Law Firm, P.C. have great knowledge in this area prevailing at the appellate court level and at the Nevada Supreme Court. We prevailed in the case of the Estate of Blakely v. Eighth Judicial Dist. Court , No. 73267 (Nev. App. Jun. 20, 2018). After the lower court dismissed the Estate’s claims, we filed a Writ of Mandamus to the Court of Appeals of the State of Nevada – we won and the decision was upheld by the Nevada Supreme Court. The district court was reversed. The high court held that an Estate / Heirs do not have to decide whether to pursue a wrongful death claim or a survival claim, but instead a plaintiff may plead separate and distinct wrongful death and survival claims.
Let’s TalkOther Injury Scenarios
If you or someone you know was injured in a way that just is not right and could potentially be the fault of another, please let us hear you out and see if we may be able to help. Sometimes situations are unique and do not fit into a certain box perfectly and that is okay. We are here to help navigate you through an analysis to see you have a viable injury claim.
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