John Lanza was hurt in a motor vehicle accident. He settled with the underlying tortfeasor and brought suit against his UIM carrier Progressive Direct. One issue was whether he would be allowed to claim future damages based upon headaches, neck pain and back pain. He wanted to recover for the future care he received. He said that he would have future pain and suffering. He also claimed that he would lose income based upon time lost at work while seeking that future care. When … [Read more...]
Damages For Future Medical Care Based On Subjective Injuries Requires Expert Support
October 25, 2023 by
An Insured Can Seek A Broad Range Of Damages If An Insurer Wrongfully Fails To Defend
July 6, 2017 by
In Nevada, if an insurance company breaches its duty to defend, it can expect to face a wide array of possible damages If the insured takes up its own defense, the insurer can expect to pay the reasonable costs incurred by the insurer in the defense of the underlying action. Jaynes Corp. v. Am. Safety Indem. Co., 925 F. Supp. 2d 1095, 1111 (D. Nev. 2012) vacated due to settlement, No. 2:10-CV-00764-MMD, 2014 WL 8735102 (D. Nev. Dec. 3, 2014); see also Reyburn Lawn & Landscape Designers … [Read more...]
Advice On Settling Wrongful Death Claims in Nevada In January 2017 “Nevada Lawyer”
January 23, 2017 by
Mike Mills’ article on Settling Wrongful Death Claims in Nevada appeared in the January 2017 issue of the Nevada Lawyer magazine. Mike was honored to join other legal scholars who covered important topics on Personal Injury Law in Nevada. Check out Mike’s advice HERE. If you need additional information on this topic, please don’t hesitate to contact Michael C. Mills of Bauman, Loewe, Witt & Maxwell at 702-240-6060 x 114 or contact him by email at mmills@blwmlawfirm.com. … [Read more...]
Computation of Damages Update
February 25, 2016 by
In March, 2011, the Nevada Law Blogs described the advantages of consistent enforcement of the discovery rules that require the Plaintiff to disclose and compute their damages. Fed. R. Civ. P. 26(a)(1)(A)(iii) and Nev. R. Civ. P. 16.1(a)(1)(D). HERE. Since that time, a number of courts in Nevada have sanctioned Plaintiffs for untimely disclosure of damages. In the case of Shakespear v. Wal-Mart Stores, Inc., No. 2:12-cv-01064-MMD-PAL, 2013 U.S. Dist. LEXIS 100644 (D. Nev. July 8, 2013), … [Read more...]
Collateral Source Is Still Good Law Despite Tri-County Equipment Decision
May 6, 2015 by
Following the California case of Howell v. Hamilton Meats & Provisions, Inc., 52 Cal. 4th 541, 257 P.3d 81, 128 CalRptr. 3d 658 (2011), the Nevada Law Blogs began wondering if Nevada would follow California’s lead and prohibit Plaintiff’s attorneys from introducing evidence of any medical bills that had been partially or totally forgiven by Plaintiff’s medical provider. Then came the Nevada case of Tri–County Equip. & Leasing, LLC v. Klinke, 128 Nev. Adv. Op. 33, 286 P.3d 593 (2012). We … [Read more...]
