When Plaintiffs live outside the state of Nevada, the defense attorney can utter the litigation equivalent to these fighting words by filing a Demand for Security of Costs. If the Demand is properly and timely filed, the Plaintiffs are forced to either post up the security or shut up by having their case dismissed. The authority to demand that non-residents post a security for costs is found in N.R.S. 18.130. The statute provides that where a plaintiff resides out of the state or is a … [Read more...]
Archives for 2008
Wrongful Death In Nevada
September 25, 2008 by
America’s legal system was built upon the precedents of Old English Common Law. The Common Law legal system did not allow claims for wrongful death. In Old England, if a working man was run over and killed by a negligent cart driver, the dead man’s family could not sue for compensation caused by the death. However, if the man were run over but did not die, he could bring suit, and collect money damages. Over the years, the injustice of this situation was recognized and addressed. Statutes were … [Read more...]
Disclaimer: Please Note
September 21, 2008 by
This law blog is written and presented for informational and educational purposes only. Nothing found on this blog constitutes legal advice. This blog is not intended to create an attorney-client relationship. Readers and visitors should not act upon any information found on this blog without seeking professional legal counsel from a qualified attorney. Feel free to contact Mills & Associates at 702-240-6060 with questions. … [Read more...]
Damages 201 (Loss Of Consortium)
September 15, 2008 by
Aside from the damages previously discussed (see Damages 101 and 102) there is yet another form of compensatory damage. These damages are not meant to compensate the injured plaintiff, but instead, that person’s spouse. Loss of consortium damages anticipate the possibility that injury to a plaintiff may cause damage to that person’s marital relationship. A meretricious relationship is insufficient. A valid marriage is required. Loss of consortium is considered to be a derivative claim. … [Read more...]
Disclosing Policy Limits
September 9, 2008 by
Many auto bodily injury adjusters ask, "Do I have to disclose my insured’s policy limit?" Keep in mind that after suit is filed, the carrier must produce "[f]or inspection and copying as under Rule 34 any insurance agreement under which any person carrying on an insurance business may be liable to satisfy part or all of a judgment which may be entered in the action or to indemnify or reimburse for payments made to satisfy the judgment and any disclaimer or limitation of coverage or … [Read more...]
