Strategies, Challenges, and Answers

Medical Liens Are Not A Collateral Source And Are Admissible To Prove Bias

One year ago, the Nevada Law Blogs wondered why a Plaintiff had been allowed to have his cake and eat it too.  That Earlier Post told the story of a Plaintiff whose medical providers treated him on liens.  However, before the trial, those same medical providers sold their liens to litigation lenders at a discount.

When the defense tried to introduce the amount that the litigation lender paid the medical provider in exchange for the liens, the judge refused, indicating that the amount accepted by the provider in the sale of the lien was not relevant to the value of the care provided.  [Continue reading]

The Attorney And The Hospital Have Competing Liens. How Can The Company Safely Settle?

You are familiar with this scenario. The claimant is willing to sign a release in exchange for your insured’s policy limit.  However, the claimant, the attorney and the hospital, all legitimate lienholders, can’t agree on how to divide up the … [Continue reading]

The Nevada Supreme Court Reverses Summary Judgment In Favor Of Driver Who Strikes Pedestrian Crossing Outside Of Crosswalk.

Summary Judgement

Pedestrian Anderson was walking across the street when driver Baltrusaitis accidentally hit him with his car.  Anderson and Baltrusaitis were the only witnesses to the accident.  Pedestrian Anderson’s injuries were so serious that he was unable to … [Continue reading]

Accident Reconstructionist Not Required for Low Impact Defense at Trial

The Nevada Supreme Court held in a minor rear end accident case that Accident Reconstruction experts are not necessary for mounting low impact defenses. Mr. Simao and his wife filed a claim against Ms. Rish claiming bodily injuries following an … [Continue reading]

CELEBRATE INDEPENDENCE DAY !

Flag and fireworks-American fourth of July

The team at Bauman, Loewe, Witt & Maxwell and the Nevada Law Blogs wish all of our clients, friends, business associates and readers a very safe and extremely enjoyable Independence Day Holiday! As we celebrate the July 4, 1776 signing of the … [Continue reading]