Legal Blog

The “Lead Attorney” in A Class Action

Typically, the attorneys who represent the client who is the lead class representative requests to be appointed Lead Counsel. If it’s a scenario where a number of attorneys file for class action, filing complaints on behalf of their various clients, it could be the first to file, but the courts also look at other factors […]

Attending the Deposition of The Person You Are Suing

When the defendant is being deposed, a client can always attend any part of a deposition proceeding if he/she so chooses. We encourage clients on a case-by-case basis to attend depositions. It really depends on the case, whether or not it is necessary. On some of our insurance bad faith cases, we have to depose […]

Our Role as Your Attorneys in The Deposition

An attorney’s role in a deposition in Nevada is somewhat limited. We can make objections on the record as to the form of the question. We can object if the question is compound, in other words, two questions in one. We can object if it is vague, ambiguous or if it doesn’t make sense. But, […]

Discovery: Gathering Evidence to Prove the Case

Under the rules of discovery, there are primarily four different avenues. Interrogatories are basically written questions to the defendant. You are limited to a certain number depending on the court. Requests for admission are written questions to the defendant, asking them to admit certain things (that the light was red, would be a good example). […]

The Retainer Agreement in A Personal Injury Case

The retainer agreement spells out the details of the relationship as attorney and client and covers most importantly, when it’s a personal injury lawsuit, the contingency fee arrangement. A contingency fee is the percentage the lawyer will be paid in the case for judgment or settlement. There is a section that addresses costs: how the […]

Judgment and Collection in Excess of The Policy

If you secure a judgment in excess of the policy and then you can begin collection against the defendant to get him or her to personally pay the amount on the judgment in excess of the insurance limits. In Nevada, we have a Homestead Act, so it is hard to collect against a defendant’s house. […]

How Do the Class Action Lawyers Get Paid?

There are a number of ways that class action attorneys’ fees have been paid. It can either be an amount that is negotiated, so the defendant pays attorneys’ fees, or if it’s a lump settlement, then the attorney’s fees can be paid out of that lump settlement. But in every scenario, the attorneys have to […]

Statute of Limitations – Medical Malpractice Exceptions

Q: Are there certain, long-term exceptions to the Statute of Limitations, in Medical Malpractice cases? Is it from the date of discovery? For example, if someone finds a sponge after a surgery inside them, but it takes a biopsy a long time later? There are a lot of statute of limitations that start running from […]

Examples of Bad Faith Insurance

Recently we have taken a few cases against homeowners’ insurance where an exclusion doesn’t apply, but the insurance company claims it applies. Another common scenario is where there is a catastrophic loss and they fail to pay as they are supposed to, and they fail to account for all of the damages that were suffered […]

Dealing with Your Health Insurance Company in Writing

When you’re having a dispute with your insurance company, do your best to make sure that all communications are in writing. By minimizing the use of the telephone, you have a written set of documents showing what has transpired and the history of the claim. Otherwise you’re in a situation where you’re trying to recollect […]

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