Personal Injury Blog

Las Vegas Personal Injury News & Information

  • Important Change in the Law for Injured Workers: Will the Medical Handcuffing Stop?

    Posted By Kevin Kampschror, Esq. || 8-Aug-2017

    As of July 1, 2017, there are many important changes in the workers’ compensation (WC) laws in Nevada. One of the most crucial changes is the right for the injured worker to seek an independent medical examination (“IME”). Prior to this change in the law, NRS 616C.140 allowed insurers to require the injured worker to submit to an IME for whatever and whenever the insurer wanted. ...
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  • Helpful Tips to Prevent Driver Distraction

    Posted By Shook & Stone || 3-Aug-2017

    Distracted driving has become one of the most concerning dangers on public roads. Although driver distraction has been around for as long as there have been automobiles, today’s level of distraction behind the wheel has become a problem of epidemic proportions - and it causes thousands of preventable injuries and deaths each year. According to the National Highway Traffic Safety ...
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  • What Should I Ask My Doctor After an Accident?

    Posted By Shook & Stone || 31-Jul-2017

    After being involved in any type of car accident, your health should be a top priority. Whether you received medical treatment at the scene of the crash, were taken to a nearby hospital, or did not receive medical attention, it is important to seek timely medical treatment or a follow up visit with your doctor. Doing so can not only protect your health and safety, but also any potential personal ...
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  • Are Hands-Free Mobile Devices Safer While Driving?

    Posted By Shook & Stone || 28-Jul-2017

    In a previous blog post, we discussed Nevada’s tough stance on distracted driving, including text messaging and cell phone use behind the wheel. Under Nevada law, the following is prohibited: Text messaging while driving (primary law for ALL drivers) Handheld cell phone use while driving (primary law for ALL drivers) Nevada takes this tough approach because residents and lawmakers understand ...
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  • Nevada Texting While Driving Laws Explained

    Posted By Shook & Stone || 26-Jul-2017

    Today, the dangers of texting and other forms of cell phone use while driving are well known. As one of the most dangerous forms of distracted driving, text messaging behind the wheel is a simple action that has serious risks. Plenty of statistics and studies conducted throughout the years have made it clear just how dangerous texting while driving is: A Virginia Tech Transportation Institute ...
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  • Marital Privilege - Understand the Processes

    Posted By Shook & Stone || 14-Jun-2017

    Under Nevada Law, no person can refuse to be a witness, refuse to disclose any matter, refuse to produce any object or writing, or prevent another from doing the same. NRS 49.015. This is true, unless you are granted a privilege. In order to preserve the confidential nature of certain types of conversations, the legal world has characterized certain communications as “privileged” so ...
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  • The Retroactive Problem with Retroactive Back-pay in Workers' Compensation

    Posted By Shook & Stone || 9-Jun-2017

    By: Kevin Kampschror, Esq. Here is an all-too familiar hypothetical in workers’ compensation (“WC”). The insurer denies the claim, and the injured worker must then go before a Hearing Officer in order to get the denial reversed. Unless the injured worker knows their way around the system and applicable laws, it is always advised to be represented by an attorney at the hearing and ...
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  • Steps to Reopening Your Workers' Compensation Claim

    Posted By Shook & Stone || 26-May-2017

    By: Kevin Kampschror, Esq. Step 1: Are you eligible? Nevada has lifetime reopening rights if you either 1) are off work due to the injury; or 2) received a permanent partial disability (“PPD”). Generally, you must wait one year before reopening if you have received a PPD. See NRS 616C.390. If you were not off work or did not receive a PPD, you must reopen your case within one year. Id. ...
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  • Injured on the Job: Who do you Sue?

    Posted By Shook & Stone || 22-May-2017

    By: Kevin D. Kampschror When you get injured on the job in Nevada, you file a C-4 form within ninety (90) days which is a claim for compensation. The doctor you see will fill out the bottom half, and you will fill out the top half. The doctor who sees you will send the C-4 to the appropriate insurance company of your employer. Without the C-4, there is no claim and you cannot receive any benefits. ...
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  • A Primer on Medical Malpractice Laws in Nevada

    Posted By Shook & Stone || 18-May-2017

    When seeking medical treatment, all patients have a right to expect that physicians, nurses, and other health care providers will treat them in accordance to the accepted standard of care. This means that medical professionals assess, evaluate, diagnose, and treat patients as any reasonable medical professional would under similar circumstances. Unfortunately, this is not always the case, ...
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  • Wrongful Life or Wrongful Birth?

    Posted By Shook & Stone || 16-May-2017

    When a child is born with a disability caused during childbirth through medical malpractice, there is often an obvious case to be pursued. There are other categories of medical malpractice that might not be so obvious: the claims of wrongful life and wrongful birth. Wrongful life claims : A claim brought by the disabled child (through a guardian), claiming that the medical provider did something ...
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  • An Independent Medical Evaluation, Can You Obtain One On Your Own?

    Posted By Shook & Stone || 12-May-2017

    By: Kevin D. Kampschror Under Nev. Rev. Stat. § 616C.140(1)(a) any employee who is entitled to receive compensation under chapters 616A to 616D, inclusive of NRS shall, if requested by the insurer or employer, submit to a medical examination at a time and place reasonably convenient for the employee, and as may be provided by the regulations of the Division. In other words, you must ...
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  • Nevada Motorcycle Law: A Brief Primer

    Posted By Shook & Stone || 24-Apr-2017

    It is well known that motorcycles and provide little protection to riders, and come with their own set of rules that must be followed. This article address some of the specific laws in Nevada that address the use of motorcycles and similar vehicles. It must be emphasized that these laws differ from state to state. Consequently, in the context of accident injury claims, it is imperative that an ...
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  • When Man's Best Friend Becomes Your Enemy: Dog Bite Law in Nevada

    Posted By Shook & Stone || 21-Apr-2017

    According to the American Pet Products Association 2015-2016 (APPA) , there are approximately 78 million dogs owned in the United States in approximately one-half of all households. In fact, if dogs were humans, they would represent approximately 25% of the total population of the United States. These numbers merely support the obvious – we are all destined to be in close contact with our ...
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  • Work Injuries and Permanent Restrictions

    Posted By Shook & Stone || 17-Apr-2017

    By: Kevin Kampschror, Esq. When a person is injured on the job, hopefully they will recover and get back to the job they were doing. Generally, an injured worker will be given temporary restrictions by a doctor, and then the employer either can or cannot accommodate those temporary restrictions. See NRS 616C.475. Typically the temporary restrictions will continue until the injured worker has been ...
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