Tuesday, February 25, 2014

How Are Medical Records Different in a Personal Injury Case in Las Vegas, Nevada?

You never want to be caught with your pants down, if you can avoid it. That same principal applies in a personal injury context. Once emergency treatment is completed by paramedics and hospital personnel, it is key to get follow-up treatment from a medical provider who specializes in accident injuries.  

In car accident and injuries cases, as in other areas of medical care, seeing a specialist is a great idea. Not only will they be well trained in treating injuries common in car accidents and other traumatic events, such as slip and falls, they know how to properly document your injuries and treatment. Without proper documentation, you cannot make a successful claim for personal injuries after an accident.

Medical records in a car accident case are different from medical records when you receive routine medical care. How are medical records different in a Las Vegas car accident? A trained accident injury medical provider will make sure to document ALL of your injuries, not just your some of your injuries. When you go to a routine medical provider, they commonly focus on your most serious medical issues and do not write down all of your injuries.
It is therefore extremely important to treat with a medical provider who specializes in accident and injury treatment. The medical provider will make sure they are evaluating you for injuries that may be missed by other medical providers who do not commonly treat accident injuries.

The medical provider must also document three important points. First, the doctor must evaluate if your injuries were causally related to the accident or injury at issue. Second, the medical provider must state in his records, if the treatment they rendered was medically necessary and reasonable. Third and lastly, the doctor must determine whether the billing charges were reasonable and customary in this area.

A medical provider who does not routinely treat car accident cases will not be familiar with these medical record requirements in personal injury cases. In addition to getting the much needed care that you require, properly documented medical records will ensure that your personal injury claim is accurately documented and you get the compensation you deserve.

Next time we will discuss why getting immediate medical attention is necessary when you have been injured in an accident.

Monday, February 17, 2014

How Do You Handle Medical Care Even After Your Case Settles in Las Vegas, Nevada?

When you are in a serious car accident in Las Vegas, Nevada, you will likely need medical care even after your case settles. When you are in a car accident or a slip and fall, your immediate feeling usually is one of shock. Once the shock wears off, then your body starts to feel the effects of the accident. After an auto accident where you injured, your body will generally take about three months for its tissues to heal from the injuries you sustained.

However, if you sustained more severe internal injuries to your spine or other parts of your body, you will require more treatment. In very serious accident cases, you may need future medical care for the foreseeable future. This does not mean that your case has to be open until you stop needing treatment.

Instead, a highly skilled personal injury attorney will make sure that the necessary medical and other experts are hired to document your future medical care. When your case is submitted for settlement, the information will be provided as part of your future damages. That way, when your case settles, the medical care you will require in the future will be part of your settlement.  

Next time we will discuss medical records in the personal injury context.

Wednesday, February 12, 2014

What Makes a Motorcycle Accident Different From a Car Accident Case in Las Vegas, Nevada?

When a motorcycle rider is involved in an accident on our Las Vegas roadways, serious injuries or fatalities often result. Motorcycle accidents are different from car accidents in Las Vegas, Nevada  and present with special issues. Without the protection of the interior of a car, it is just the rider and the road in a motorcycle accident.

If a motorcycle rider is lucky enough to walk away from the accident, their body may have suffered internal damage, which they are unaware of immediately after the accident.  Immediately after a motorcycle accident, the first feeling experienced is usually shock. It is important to get immediate medical attention, given the high potential for internal injuries after a motorcycle accident.

Hiring an experienced motorcycle injury attorney is also important. If it is safe and you are physically able, it is important for you or someone you have called immediately after the accident, to take photographs of the accident scene. These photos will document the position of your motorcycle and any other vehicles involved in the accident. Many motorcycle riders in the Las Vegas Valley have previous military service and are currently actively employed in the construction industry. Therefore, your job may be physically demanding. While you recover from your injuries after a motorcycle accident, you will more than likely have lost money by not being able to work. Your motorcycle accident lawyer will make sure that you are compensated for your loss of income after an accident. 

Next time we will discuss future medical care in a personal injury case.

Monday, February 3, 2014

In a Las Vegas Car Accident Case, How do you Serve a Lawsuit on a Defendant Driver When they Cannot be Located?

If someone is in Las Vegas for a weekend of relaxation and fun, causes a car accident and goes back home to their home state, they can still be served with a lawsuit in Nevada. Most people do not know that in Nevada, every person who drives on Nevada roads is giving permission to the Director of the Department of Motor Vehicles to accept service of a lawsuit on their behalf. Service through the DMV applies if a defendant driver cannot be located within the State of Nevada, at the time a lawsuit is filed.

If you are in a car accident and the other driver who caused the accident cannot be located at the address they provided to the police and was listed in the traffic accident report, then you can serve the Nevada DMV with the lawsuit instead. Nevada Revised Statute §14.070 is the law that allows for the DMV to accept the lawsuit on a defendant driver’s behalf. 

To properly go through the DMV, your Las Vegas car accident lawyer will first attempt to have a process server, serve the defendant driver with the lawsuit. However, once it becomes apparent that the defendant driver no longer lives at the address listed in the traffic accident report and cannot be located by other means, then your attorney can move forward with the process of serving the lawsuit on the Nevada DMV.

To do this, you must send a copy of the Complaint and Summons (lawsuit) to the address of the defendant driver listed in the traffic accident report, via registered or certified mail, return receipt requested. Once your personal injury attorney receives the notice from the post office that the documents were not deliverable, then you can move forward with the process of serving the DMV with the lawsuit.

One may ask, how does the driver find out about the lawsuit, if the DMV is served with the lawsuit? The answer lays in the fact that having valid car insurance is a requirement to drive a vehicle in the state of Nevada. Once the DMV accepts the lawsuit, then your Las Vegas car accident attorney will separately notify the defendant driver’s insurance company that a lawsuit has been filed and properly served. The insurance company will then contact their driver and insured and let them know about the lawsuit. That way no one is sued without their knowledge.

Next time we will discuss special issues in motorcycle accidents.