Legal Question in Personal Injury in Nevada

I fell in a public place and was injured because their was a defect in the cement area.The head of security called and I explained what happened. I went to the emergency to make sure I didn't crack any ribs. I called back because he wanted me to contact their insurer. Also stated that the problem was seen and fixed and thanked me for the future. The agent I was dealing with sent me a letter after I explained what happened here in Las Vegas Nevada. He claims it was a minor repair therefore it was my fault and refuses to pay for the doctor bills and any pain and suffering. I feel forward like a cannon with my arms straight out and landed on my breast and hurt my knee a little and sprained my right shoulder. Do I have any case?


Asked on 10/17/11, 12:39 am

1 Answer from Attorneys
Jonathan Reed Reed & Mansfield

It all depends on the nature of the defect. If you or a friend were able to take a picture with a cell phone that picture could be helpful. A defect in a walking surface is always a fact question as to whether it was bad enough to constitute negligence and how hard it was to see.

In addition, there is the possible issue of bluffing and costs. The defendant or its insurer may think that along these lines: 1) Not a lot of medical damages, 2) If we deny liability Plaintiff has to hire atty. to file suit. 3) This will cost about $350 for filing and service, about $100 for a non-resident cost bond (if the plaintiff is not a Nevada resident), and at least a $250 arbitration deposit.

I don't know what your medical damages are but I do know that sometimes defendants or their insurers deny a claim because they figure it may not be economically worthwhile for the plaintiff and their attorney to pursue the claim.

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Answered on 10/17/11, 7:26 am


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