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Personal Injury Law

Reno Personal Injury Lawyer

By Steven J. Klearman, Esq.

Post Frequency: 1.4/day

Last Entry: April 20, 2010 at 13:18:10

Nevada Supreme Court Reviews the Role of Biomechanical Engineers as Experts

Posted on August 22, 2008
In Hallmark v. Eldridge, 124 Nev. Adv. Op. No. 48 (published July 24, 2008), the Nevada Supreme Court reviewed the often dubious role of so-called "biomechanical engineers" as experts and concluded that (1) the district court below abused its discretion when it allowed a physician with an engineering background to testify as a biomechanical expert against a personal injury plaintiff because, among other reasons, the testimony did not assist the jury in understanding the evidence as the testimony was not based on a reliable methodology; (2) prejudice stemming from errors in the admission of evidence bearing upon a damage claim requires reversal when the error substantially affects the rights of the complaining party on appeal; and (3) such an error substantially affects those rights when the appellant establishes, based upon a sufficient appellate record, the reasonable probability of a different result in the absence of the error...

AAJ: Allstate Worst Insurance Company in America

Posted on August 19, 2008
The American Association for Justice (AAJ) released a report on the top ten worst insurance companies in America, based on an investigation of court documents, SEC and FBI records, news, and testimony of former insurance agents and adjusters. According to the article, Allstate's "concerted efforts to put profits over policyholders" propelled the company to the top of the list of the country's worst insurance companies...

New York Times Runs Story on Dangers of Methadone

Posted on August 16, 2008
This comes directly from The New York Times. A version of this article ran on August 17, 2008 on page A1 of the New York edition. This was written by Erik Eckholm and Olga Pierce. You can find the story online with additional references, at methadone story...

Nevada Drunk Drivers Stay Home

Posted on August 15, 2008
From the Reno Gazette Journal Today: Local law enforcement agencies launch a region-wide drunk driving enforcement campaign beginning Monday that will consist of saturation patrols through Labor Day weekend. Law enforcement officers urge people who drink to do so responsibly and not drive while under the influence...

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Whether To Take Methadone

Posted on August 15, 2008
My methadone blogs have received a great deal of attention and many comments. I have also received inquiries with respect to whether readers should take methadone. I urge those with questions to consult doctors to answer questions regarding methadone...

Plaintiff wins $60 million dollars in punitive damages in disability insurance bad faith case

Posted on August 15, 2008
Paul Revere Life Insurance Company and UnumProvident Corporation were hit with a combined $60 million dollar verdict in a retrial of a disability insurance bad faith case originally tried in 2004. The June verdict in Las Vegas was six times the punitive damage award originally awarded to Plaintiff G...

National Highway Traffic Safety Administration Announces Ratings Updates

Posted on August 12, 2008
In an effort to provide consumers with more complete safety information and encourage car manufacturers to design safer cars, the U.S. Department of Transportation has revised its five star rating system. The changes include reporting an overall safety rating, taking into account an automobile's performance in frontal, side, and rollover tests, instead of just reporting those results separately...

Nevada Supreme Court Says Suicide Not Willful in Workers' Compensation Case

Posted on August 04, 2008
The Nevada Supreme Court issued a decision last week in Vredenburg v. Sedgwick CMS allowing surviving family members to recover workers' compensation death benefits under certain circumstances when an injured employee commits suicide. NRS 616C.230(1) provides for workers' compensation benefits for accidental employee deaths but precludes surviving family members from recovering when a the employee's death was caused by his "willful intention to injure himself...

Enoxaparin and Heparin Linked to High Bleeding Risk in Cardioembolic Stroke

Posted on July 26, 2008
From IndoxConsulting.com: Using enoxaparin or heparin to bridge long-term anticoagulation therapy with warfarin for secondary stroke prevention has been associated with a high risk for serious bleeding in patients with cardioembolic stroke (CES). A retrospective study of 204 CES patients showed that only those who received bridging with enoxaparin went on to have symptomatic intracranial bleeding...

Nevada Judge Allows Emotional Distress Claim in Class-Action Hepatitis Case

Posted on July 24, 2008
Keeping up with the hepatitis cases against the Endoscopy Center of Southern Nevada, the Reno Gazette Journal reports today that patients from the center who were not physically injured may still be able to recover damages from the Center. Clark County District Court Judge Allan Earl dismissed the Center's argument that emotional distress claims unrelated to actual injuries should not be allowed to recover...

More on Methadone Overdose

Posted on July 22, 2008
The rapid rise of the number of deaths by methadone overdose is receiving attention all over the country. Maurreen Skowran of The News & Observer reported on the increase of methadone deaths in North Carolina as the drug is used more commonly as a painkiller...

FDA addresses Methadone Dangers

Posted on July 19, 2008
Issued back in 2006, this Health Advisory from the FDA warns against the dangers of methadone and includes important prescribing information for its safe use. FDA Public Health Advisory: Methadone Use for Pain Control May Result in Death and Life-Threatening Changes in Breathing and Heart Beat FDA has received reports of death and life-threatening side effects in patients taking methadone...

Methadone Use is on the Rise, and the Effects are Deadly

Posted on July 17, 2008
Prescription painkiller overdose is becoming a common killer in Nevada, and nationally. According to the National Center for Health Statistics, overdoses caused by prescription painkillers are increasing, and Methadone abuse is escalating more rapidly than any other drug...

Most Dangerous Vehicles

Posted on July 15, 2008
KCTV.com posted an interesting article discussing dangerous automobiles. While the greater likelihood of rollovers make SUVs, vans, and pickups more hazardous in single vehicle crashes, smaller cars have a disadvantage in multi-car accidents. Keep reading for the full text of the article, entitled "20 Most Dangerous Autos Named: SUVs, Small Autos Increase Risk for Drivers...

Doctors' Malpractice Histories to be Reported

Posted on July 14, 2008
The Reno Gazette Journal reports that after 84 hepatitis C cases were linked to the Endoscopy Center of Southern Nevada and more than 50,000 patients were notified they might be at risk, the Nevada Board of Medical Examiners received a bit of negative attention...

Rollovers Fatal

Posted on July 14, 2008
A quick look at www.safercar.gov sheds lights on the significant dangers of "rollover" automobile accidents, information particularly relevant for Nevada drivers, especially those who do a lot of driving in the mountains or on rural roads. Rollovers are not the most common type of automobile accident, but they often cause the most serious injuries...

Nevadans Heavy on Painkillers

Posted on July 11, 2008
Nevadans Heavy on Painkillers The Las Vegas Sun reported a disquieting article analyzing Nevadans consumption of prescription painkillers. The article reported that in Nevada, residents consume roughly twice the national average of numerous painkillers...

Nevada Supreme Court Clarifies the Rights of the Terminally Ill

Posted on July 08, 2008
The Nevada Supreme Court clarified a few sections of Nevada's Uniform Act on Rights of the Terminally Ill last week in Estate of Maxey v. Darden, 124 Nev. Adv. Op. No. 43 (July 2008). The Act authorizes three procedures for terminally ill patients or their families to withhold life-sustaining treatment...

Reno Police Target Dangerous Intersections

Posted on June 19, 2008
The Reno Gazette Journal reports that Reno Police Traffic Division statistics show that the following citations were issued in the targeted intersections: 19 citations were issued in the intersection of West Plumb Lane and South Virginia Street 15 citations were issued at East 6th Street and Wells Avenue 13 citations were issued at West 7th Street and Keystone AvenueThe RPD said they have concentrated their traffic enforcement actions near intersections with high accident rates...

Deadly Drives in the Country

Posted on June 18, 2008
The National Safety Council reports that rural areas account for about 65 percent of traffic deaths. Further, 75 percent of all noncollision accidents (overturns, jackknifes) occur in rural areas. The allure of the countryside is obvious, but dangers are all around...

More Auto Accident Deaths in Fall than in Winter

Posted on June 06, 2008
Fall driving presents a variety of obstacles, and more drivers die from September through November than during the winter months of December through February. Slick roads, foggy mornings, and roaming wildlife are just some of the increased hazards...

RV Advice For Nevadans

Posted on May 30, 2008
America's love affair with the open road has grown to become its love affair with recreational vehicles. Today, there are over 30 million RV enthusiasts, and more on the way. With more than 16,000 publicly and privately owned campgrounds nationwide, RVs give us the freedom to roam from coast to coast and any stop in between...

Don't Get Hit By A Train In Nevada

Posted on May 29, 2008
Vehicle Warnings According to Operation Lifesaver, an average of eight collisions between trains and motorists occur every day. Over 350 people are killed each year, and about 1,000 are seriously injured. A motorist is 40 times more likely to be killed or seriously injured in a collision with a train than in a collision with another motor vehicle...

Tips for Driving Under the Influence in Nevada

Posted on May 14, 2008
Prescription and over-the-counter (OTC) medications are intended to keep us healthy. In the wrong circumstances - especially when we are behind the wheel of a vehicle - our drugs could contribute to our early demise. To be sure your medications don't abuse you, remember: · It is your responsibility to know what you're taking and how it affects you...

Dealing with Driving Distractions

Posted on May 12, 2008
I continue my discussion of driving safely with the following about distractions: A recent study by the National Highway Traffic Safety Administration estimates that driver distraction is a factor in 80 percent of all motor vehicle crashes...

City Driving Tips

Posted on May 09, 2008
Surviving Intersections About 50 percent of all city driving collisions occur at intersections, usually because a driver failed to yield the right-of-way. A recent Insurance Institute for Highway Safety study reports that red-light runners are responsible for an estimated 170,000 injuries every year, about 900 of which are fatal...

Cohabitating With Big Trucks

Posted on April 30, 2008
According to the National Highway Traffic Safety Administration, about 5,000 people die annually in crashes involving large trucks. In collisions between large trucks and cars, 98% of people killed were in the car. To safely manage your encounters with these behemoths: Avoid Their Blind Spots Because they sit so high, drivers may appear to have total vision of the road...

Fat and Fit?

Posted on April 29, 2008
Yahoo New, in a story by AP Medical Writer Lindsey Tanner, reports that "new research challenges the notion that you can be fat and fit, finding that being active can lower but not eliminate heart risks faced by heavy women. The new study involving nearly 39,000 women helps sort out the combined effects of physical activity and body mass on women's chances of developing heart disease...

Driving Safety Intro

Posted on April 28, 2008
Over the next several blogs I plan to concentrate on basic information about driving safety. Driving a car is one of the most routine activities we engage in, but it's also one of the most dangerous. Over 40,000 people are killed in motor vehicle accidents each year...

Medical Malpractice in Nevada Still Troubled

Posted on April 09, 2008
Nevada juries are continuing a pattern of being conservative and difficult and deciding cases based on bias rather than the evidence and law. And the effects of KODIN, Nevada's ballot intiative that made these cases even more difficult to bring to court, continues to be felt...

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