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Answers to Your Questions About Tort Law and Personal Injury

Jul 5, 2021

Has someone caused your recent injury? If so, you are now affected by what is known as tort law in the American legal system. What is a tort? How are you impacted by torts? And what recourse do you have to get what you need to recover? Here are answers to some of your questions.

1. What Is a Tort?

In legal terms, a tort is an act or omission by one party that causes some form of injury to another. It is a civil legal issue, addressed through the civil courts where the injured party seeks compensation from the party that committed the tort. Generally, torts come in three main varieties: intentional torts, negligence, and strict (product) liability.

Tort law comes primarily in the form of personal injury law, but this category is much broader than most people realize. Why? The injury caused by a tort can take many forms, some of which are not easily recognizable.

2. What Sort of Injuries Are Included?

If torts and personal injuries take many forms, what might these look like? It is most often bodily injury such as might occur as a result of a car accident, a pedestrian being hit, a fight between individuals, or a fall on badly maintained stairs. This bodily injury might be intentional, perhaps from an assault, or it might be accidental and come from negligence.

Injury can also include non-bodily harm or loss. If your business rival prints a libelous statement that you are participating in fraud, you may have a personal injury case. Why? The injury is to your reputation and your ability to earn an income. The losses are financial rather than bodily, but they remain caused by the actions or omissions of another party and are injurious to you.

Other non-bodily injuries include invasion of privacy, defamation, infliction of emotional distress, and false imprisonment.

 

3. How Can You Get Compensation?

Because tort law is a civil matter, you have three primary means of getting compensation for your injury. The first is through submitting a claim to an insurance company. Most bodily injury cases involve some type of insurance coverage. This insurance may be your own or it may be someone else’s liability coverage.

The second means of being compensated is through negotiation and settlement. Settlements happen outside the courtroom and allow you to avoid the extra expense and time involved in getting a legal judgment. You do not need to prove your claim beyond a shadow of a doubt, but you must build a strong enough case that the other side feels its best interests are to avoid an actual court battle.

The third method to receive compensation is to bring a case before the court. This route is usually pursued only when the first two options have been exhausted. Because you must now win your case to receive anything, most tort cases that reach this point require the help of an experienced attorney.

4. How Is Compensation Granted?

What restitution might you get for a tort violation? Generally, you may seek what is called general and special damages.

 

General damages put into dollar amounts the consequences in terms of pain and suffering, impairment, quality of life, reputation damage, or other non-financial issues both present and future. Special damages add up determinable financial losses such as expenses incurred, lost earnings, and loss of irreplaceable assets. These calculations can be applied to insurance claims, settlements, and court judgments.

Where Should You Start?

Tort law is complex. It is also vital to your recovery from any personal injury, either bodily or non-bodily. Therefore, you do well to start by learning how it may be applied in your particular case. Bradley, Drendel & Jeanney has assisted Nevada residents with all their personal injury needs for more than 50 years. Call today for a free consultation.

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5 Benefits of Hiring a Personal Injury Lawyer

Jul 5, 2021

Suppose you are seriously hurt in an accident. In that case, the immediate effects are not only painful, but some personal injuries can permanently change your life due to the negligence of another party.

If you or a loved one has survived a personal injury caused by another party, you can seek compensation for your medical bills, lost income, and other related expenses. But the process to do so can be confusing. A personal injury lawyer can help you handle all the formalities required to make a claim or build a case against the responsible party.

Here are five benefits of working with a personal injury lawyer.

1. Offer Objective Opinions

Pain and emotional distress often accompany many personal injury cases and directly impact your recovery. As such, building a personal injury claim following a traumatic event is not without emotional repercussions that can affect your ability to make objective decisions as far as your injury is concerned.

A personal injury lawyer eliminates overwhelming negative emotions that affect your decision-making process and can give you expert advice on how to pursue compensation based on both the physical and psychological impacts.

2. Provide Professional Knowledge of Personal Injury Law

Current knowledge of personal injury laws and possible outcomes is critical. Better yet, you need someone who can demonstrate how the specific injury impacts your life, interest, and relationships and can provide evidence. When it comes to winning personal injury cases, it’s not the claim that matters. It’s what you can prove.

A personal injury lawyer can look at all facets of the case, honing in on key laws at play, and review all relevant information for the best possible outcome.

3. Help With Insurance Settlement Negotiations

When pursuing maximum compensation, you want an expert engaging in negotiations on your behalf. This is because insurance adjusters may try to tempt you into a quick settlement to keep you from pursuing a lawsuit that may be worth much more money.

The insurance company’s best interest is to settle as quickly as possible to avoid costly legal battles. However, a personal injury lawyer is your best bet in dealing with insurance companies or adjusters to make sure the offer you receive is not less than your settlement is worth.

4. Minimize Financial Risks

Having a personal injury lawyer is not only key to getting the most money out of your settlement and faster compensation, but they can also save you time and money.

Personal injury lawyers eliminate mistakes when filing a claim, manage strict deadlines, and handle everything at a contingent fee. In addition, they alleviate the financial burden for you if you need to raise a court action by handling court proceedings on your behalf. This way, you will have no legal expenses to contend with in case your claim fails.

5. Let You Focus on Your Health

Once you hire a personal injury lawyer, you can relax and focus on your physical and mental health, knowing that you no longer have to deal with lengthy insurance calls or other attorneys.

The results will be reduced stress and less intense emotional trauma and physical pain as you try to deal with the claim. In addition, an experienced lawyer will handle all parameters of your case, giving you peace of mind so that you can focus on your recovery.

At Bradley, Drendel & Jeanney, we have experience dealing with personal injury cases to maximize clients’ results. We have a proven track record of success in handling the legal work of personal injury claims so that you can focus on healing from your injuries. Contact us today to obtain the compensation you deserve.

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Driver faces DUI charges after fatal head-on crash

Apr 17, 2021
It’s common knowledge that alcohol and driving do not mix. Just a small amount of alcohol can hinder a person’s ability to process and react to things that are happening 
nearby
. Shortly after alcohol is consumed, an individual’s ability to safely operate a motor vehicle becomes impaired. Unfortunately, people across the state of Nevada continue to drive while intoxicated and 
.
 

Head-on collision

A recent head-on crash near Las Vegas ended the lives of three people and injured two others. The tragic accident happened on U.S. 95 near Scotty’s Junction. According to reports, the driver of a northbound pickup truck crossed the centerline of the roadway and slammed head-on into an SUV that was traveling south.
 

DUI charges

Reports said a mother, father and 3 children were in the SUV at the time of the crash. Authorities said the father, mother and a child were killed in the tragic crash. The two other children are currently being treated in a hospital. Police said the driver of the pickup truck was suspected of intoxication and arrested. Reportedly, he was charged with multiple felony driving under the influence and drug charges.
 
Law enforcement agencies across the state of Nevada put forth tireless efforts to keep drunk drivers off the road. However, there’s only so much that police officers can do. Although nothing can replace a loved one, those who have suffered losses as the result of drunk driving accidents have the right to 
 and take legal action. A successful wrongful death lawsuit could supply surviving family members with much-needed and deserved compensation to help ease pain and suffering.

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Devastating hit-and-run crash in Las Vegas turns fatal

Apr 2, 2021
Highways in Nevada cities such as Las Vegas are crowded and congested at nearly all hours of the day and night. Overcrowded roadways mean car accidents are virtually inevitable. It goes without saying that no one wants to be involved in an accident. However, when the at-fault driver 
, the experience can be absolutely devastating for all those who are involved.
 

Accident details

A recent hit-and-run accident in Las Vegas took the life of a man. The accident happened at night at the intersection of Charleston Boulevard and Honolulu Street. According to reports, the driver of an SUV was traveling east on Charleston Boulevard approaching the intersection at a high rate of speed. Reports said the SUV ran the red light at the intersection and hit a sedan.
 

Fatal hit-and-run crash

Reports said the sedan was knocked into another SUV that was stopped at the red light. Tragically, authorities said the driver of the sedan was killed in the crash. Reportedly, the driver of the SUV that ran the red light fled the scene of the crash on foot. He was later apprehended by police. Officers said he was charged with DUI 
r
esulting in 
d
eath, 
r
eckless 
d
riving 
r
esulting in 
d
eath and other serious charges. 
 
There is nothing in life that is as painful as losing a loved one. When a loved one is killed in a car accident caused by a negligent driver, surviving family members can pursue damages by contacting a skilled litigator. Although nothing can replace a loved one, a 
 could result in much-needed financial compensation to help families with end-of-life expenses.

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Life of college student taken in tragic truck accident

Mar 26, 2021
Major highways and interstates across the state of Nevada see high volumes of traffic at nearly all hours of the day. Much of this traffic consists of large commercial vehicles such as tractor-trailers. Although these 
massive
 trucks are the backbone of the economy and an efficient way to transport goods across the country, they can be very dangerous for motorists in smaller passenger vehicles. Due to their massive size, 
 are more likely to be fatal.
 

Accident details

A college student lost his life in a recent accident involving a tractor-trailer. The crash happened in the northbound lanes of Interstate 15 in Las Vegas during the early morning hours. According to reports, the student was driving northbound with four passengers when a white sedan struck their vehicle. Reports said a tractor-trailer that was following was unable to stop and crashed into the student’s vehicle.
 

Tragedy

Tragically, authorities said the student died at the scene of the crash. The conditions of the four passengers were unknown, reports said. Reportedly, the student was a communication studies major at a university in a neighboring state.
 
When traveling near large tractor-trailers, drivers of smaller passenger vehicles should always maintain a safe distance and give them plenty of space. Truck drivers are required to undergo hours of training and obtain special licenses to legally operate tractor-trailers. However, this does not make them immune to mistakes. Nevada families who have suffered the tragic loss of loved ones in 
 could benefit by discussing the matter with an experienced and skilled litigator. While nothing can replace a loved one, damages from a successful lawsuit could help families pay medical bills and other expenses.

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Do these things to avoid car accidents when driving in work zones

Mar 21, 2021
Drivers face a 
lot
 of obstacles each time they take to the road. Road construction, in particular, is something that most drivers in Nevada will likely encounter. While road construction is generally a good thing and means that a roadway is being repaired
 or improved
, construction zones pose unique challenges for motorists. What follows may help drivers 
 traveling through road construction and work zones.
 

Slow down

First and foremost, it is extremely important to slow down when driving through work zones. According to recent studies, speeding is responsible for about a third of all fatalities in construction and work zones. Follow the posted speed limit until safely through the construction zone.
 

Do not impede traffic flow

Always keep up with the flow of traffic. Never slow down or stop to watch the roadwork. Those who impede the flow of traffic could be responsible for causing an accident behind them.
 

Always stay focused

When driving through a construction zone, never fidget with the radio or use a cellphone. Also, never text behind the wheel. Taking focus off of the road for just a split second is enough to cause a deadly accident. 
 

Just be patient

Without a doubt, being stuck in work zone traffic can be annoying and an inconvenience. However, it’s not the end of the world. Getting impatient will do no good and greatly increase the odds for an accident.
 
Unfortunately, there will always be a chance for accidents no matter how careful a driver is. Those who are 
 caused by the negligence of another party, including municipalities or construction companies, have the right to take legal action. Damages from a successful claim could help victims replace lost wages and pay medical expenses.

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Accident involving tractor-trailer claims the life of a motorist

Mar 12, 2021
Drivers in Nevada understand that sharing the road with large commercial trucks like tractor-trailers is just part of driving. Interstates and major highways across the state are heavily utilized by these big rigs. However, due to their massive size, 
 passenger vehicles have a higher chance of being serious or fatal.
 

Accident details

A recent three-vehicle crash in Reno involving a tractor-trailer took the life of a man. The accident happened in the morning along US-395 near Courtland Lane. According to reports, a pickup was headed south on US-395 and was stopped waiting to make a left turn onto Courtland Lane. Reports said the pickup truck was rear-ended by a southbound tractor-trailer.
 

Deadly crash

Reportedly, the pickup truck was knocked into the northbound travel lane and was struck by an oncoming service utility truck. Tragically, authorities said the driver of the pickup was pronounced dead at the scene of the crash. US-395 was shut down for several hours while the accident was cleared and investigated by authorities.
 
Large tractor-trailers are considered to be the backbone of the economy because they are one of the most efficient ways to ship goods and merchandise throughout the United States. However, these massive rigs can be incredibly dangerous to the 
occupants of
 smaller passenger vehicles who share the road with these trucks. Those in Nevada who have suffered injuries or a tragic loss due to 
 can take action by seeking the services of an experienced and skilled litigator. A successful lawsuit could result in a substantial monetary award to help victims and families recover from this terrible experience.

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How to ride safe and reduce the odds for motorcycle accidents

Mar 6, 2021
For many Nevada residents, motorcycles are not only an economical means of transportation
 —
 
they are
 a way of life. Although motorcycles can be an enjoyable and fun way to get around, they can be very dangerous, especially for inexperienced riders. The following advice can help riders of all skill levels avoid 
.
 

Always wear a helmet and protective gear

For motorcyclists, a helmet may be the most crucial piece of safety gear they can wear. Also, anyone who rides a motorcycle in the state of Nevada is required by law to wear a helmet. Full
–
face helmets will provide the most protection. Recommended safety gear for motorcyclists 
include
 boots that cover the riders’ ankles, long pants, abrasion resistant jackets and gloves. High-visibility clothing is also recommended.
 

Pre-ride check

Many riders are so anxious to hit the open road that they forget to do a check of their motorcycle. However, a quick check to make sure the bike is road
 
worthy could prevent a serious accident. Before riding, check brake lights, turn signals, fluids and tire pressure.
 

Defensive riding

Remember that other drivers are trained to spot passenger vehicles and not motorcycles. Also, because of their narrow profile, motorcycles are more difficult for other drivers to see. Motorcyclists should always ride defensively and as if no one sees them. Always be on the lookout, frequently scan mirrors and stay alert, especially in high-traffic areas.
 
Unfortunately, no amount of preparation or caution can totally prevent accidents from happening. The actions of other drivers are
often
 unpredictable. Those in Nevada who have suffered injuries or the loss of loved ones as the result of 
 can take action by contacting a seasoned litigator. A successful claim could result in substantial monetary relief to aid victims and families in recovery.

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These night driving tips could help prevent car accidents

Mar 1, 2021

It’s no secret that driving at night can be more difficult and hazardous than driving during the day. Fatigue and low visibility are just a couple of factors that add to the dangers of traveling at night. According to the National Safety Council, fatal traffic accidents are about three times more likely to happen at night versus the day. The following advice could help Nevada drivers  avoid car accidents when  traveling at night .  

Clean windshields and headlights

When traveling on Nevada roadways, it doesn’t take long for windshields and headlights to become cloaked in dust. Built-up grime on windshields can make it difficult for drivers to see the road in already low   visibility conditions. Likewise, dirty headlights shine less light on the road, making visibility worse. Always clean windshields and headlights before driving at night. Intermittently stopping to clean them is also a good idea.  

Use high   beams  

Many drivers are so used to only using low   beams that they can sometimes forget about high   beams. However, high   beams can greatly improve night visibility, especially in rural and isolated areas. Remember to only use high   beams when no other vehicles are present.  

Defensive driving  

Defensive driving habits are beneficial at all  hours, but  practicing defensive driving can be even more beneficial at night. It’s important to be extra careful at night because it is harder to see road signs, pedestrians and animals. Also, remember to reduce speed when driving at night and never drive when exhausted or sleep deprived.  

 

Taking the proper precautions and staying focused behind the wheel can be crucial in making night time road trips safer. Unfortunately, there will always be a chance for car accidents no matter how prepared drivers are. Those in Nevada who suffer injuries or loss  due to negligence in car accidents  can take action by consulting an experienced litigator. Damages from a successfully litigated lawsuit could help victims and families pay medical expenses and recover financial losses.  

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Recent fatal Las Vegas crash caused by an alleged drunk driver

Feb 20, 2021
Unfortunately, driving under the influence of alcohol is a major problem that continues to plague the state of Nevada. It’s common knowledge that drunk driving is irresponsible, reckless and dangerous. Yet, people still decide to get behind the wheel while intoxicated and, in the process, endanger themselves and all those around them. Every year, thousands of people in the United States are 
.
 

Tragic crash

Recently, two motorists lost their lives in a Las Vegas crash caused by an alleged
ly
 drunk driver. The accident happened during the morning hours at the intersection of St. Rose Parkway and Las Vegas Boulevard South. According to reports, a pickup truck that was headed south on Las Vegas Boulevard violently collided with an SUV that was attempting to turn onto St. Rose Parkway. Witnesses said the pickup truck 
driver 
ran a red
 
light and caused the crash.
 

DUI arrest

Tragically, the driver of the SUV was pronounced dead at the scene of the accident. Authorities said a passenger in the SUV su
ffered
 severe injuries and was transported to a hospital where he later passed away. Reportedly, the driver of the pickup truck was injured and taken to a hospital for treatment of injuries
 not considered life-threatening
. Police said the driver of the pickup truck was arrested on suspicion of driving under the influence of alcohol.
 
Drunk driving is one of the most dangerous things a person can do and often leads to catastrophe. Families in Nevada who suffer the loss of loved ones 
 can take action by contacting an experienced litigator. A wrongful death lawsuit, if successful, could result in financial relief to help families recover from this tragedy.

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