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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 […]
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, […]
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 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 […]
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. […]
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 […]
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 […]
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 […]
In the case of a class action where liability is established by a court and the damages need to be calculated person by person, a Special Master would be appointed to figure out the individual damages for every person. But, there are different types of Special Masters. Sometimes there are Special Masters in State court […]
Hanson vs. State Farm was a case in front of the Federal Court of Nevada, and Hanson, the insured, was suing the insurance company, arguing that it committed bad faith. The District Court granted a Summary Judgment for Hanson. The case arose after Hanson had sued someone who injured him for both negligent and intentional […]
