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Archive for August, 2013

hands texting

WARNING: You May Be Liable for Causing a Car Crash if Sending Texts to Drivers

Written by Jon Remmel on . Posted in Blog

A New Jersey Appellate Court recently determined, “that the sender of a text message can potentially be liable if an accident is caused by texting, but only if the sender knew or had special reason to know that the recipient would view the text while driving and thus be distracted.”  Read that again, just in case you missed it.  This new court ruling is not just about texting while driving, it makes a remote sender of a text potentially liable for distracting a driver who causes a motor vehicle accident.

texting while driving

Photo by viviandnguyen_

So what does that mean for the thousands of us who text every hour of every day?  It means that if you know someone is driving when you want to fire off a risque picture of Miley Cyrus at the MTV Music Awards because you’ve never seen something so stupid and embarrassing in your life, do not disrupt them by sending a text.  Instead, send an email that can be opened after they safely reach their destination.

Think you can get away with one quick text to your buddy to pick up something while en route to your place?  Think again.  Text messages are time stamped and tracked by your phone company, and call history and text message records can be discovered by an attorney during litigation.  If the phone records show that you received a text from a friend just before you called 9-1-1 to report the accident, both you and your friend can be in serious trouble under this new legal precedent.

My free legal advice for the day?  Don’t risk it and wait to send that text until your distracted companion is safely off the roads.  If not, you may be in need of the services of a Las Vegas auto accident attorney. Oh, and in the event you want to share this information with your friends, please do so via social media or email.  Do not share via text.

Regards, Jon

hand in cast

How Long Should My Personal Injury Case Take from Start to Finish?

Written by Jon Remmel on . Posted in Blog

Many clients want to know exactly how long their personal injury case will take from start to finish. The truth is, personal injury cases can go on forever and inevitably take longer than you (the client) or I (the attorney) want them to.  Although time has a way of testing our patience, there is always a silver lining.

woman waiting

Unfortunately there is no single time table for any particular personal injury case, but several variables come into play.  The first potential hurdle is securing insurance coverage for your accident.  In some instances, this may entail more than simply opening a claim with the adverse driver’s insurance company.  It may require that your attorney seek out additional coverages like MedPay, underinsured or uninsured policies.  Your attorney may even ask you about your relative’s automobile coverage.  This is never an easy process and insurance companies don’t profit when they make your life easy.

A second possible problem is liability.  In order to prevail in your personal injury case, you must be able to provide evidence that the defendant violated a safety rule (or was negligent in some regard).  This can be done in a variety of ways.  Notwithstanding, insurance companies have started disputing liability in almost every personal injury case– including those involving rear-end motor vehicle accidents.  Before you can talk about injuries you must be able to establish liability, and disputes can take several months to finally be resolved.

Another potential obstacle to overcome is your body.  The most important thing that transpires over the course of your case, is that your body gets the opportunity to rest and heal.  No one can rush that along, not even your doctors.  For more serious injuries, like those pertaining to the back, neck, head or spine, healing can takes months, possibly even years.  I have heard more than one client explain that it took them at least 12 months to recover from major back surgery.  Having undergone major surgery myself, I know this to be true.  Knowing this in advance, however, can help alleviate some of your anxiety or concerns.

Finally, your disbursement (or settlement) can take a while to be fully resolved.  The disbursement process can take weeks, and if Medicare is involved, can take several months.  At the Remmel Law Firm, we make sure that we have confirmed balances with each of your medical providers, and when possible, negotiated any outstanding balances you might owe.  Once your disbursement is complete, you will have peace of mind knowing that your case has been completely resolved and you can move on with your life.

There are, of course, other variables that may come into play.  If you are worried about how long your case could take to resolve or are in need of the services of a Las Vegas wrongful death lawyer, please contact Remmel Law Firm at 702.522.7707 for a free consultation.

court room

The Importance of Deposition Preparation

Written by Jon Remmel on . Posted in Blog

One of the most important and crucial parts of any court case is the deposition offered by witnesses of a crime. This out-of-court testimony can be used in a trial as evidence and can make a huge impact on your court case. But why should you practice your deposition before you speak on the record?

The Deposition: Why It’s Essential

The deposition is arguably one of the toughest aspects of a legal case, as it can cause stress, anxiety and even the inability to remember certain events. This is why it’s essential to meet with your attorney before the deposition and go over types of questions that will be asked, as well as appropriate answers. Preparation is key before any deposition to ensure it goes smoothly.

Depositions Gone Bad

There have been plenty of depositions that have gone terribly, including the infamous Cuyahoga County photocopying machine deposition, in which the definition of a photocopier was up for debate. The debate lasted for 10 pages of court transcript, while the case concerned whether deeds and other at the county recorder’s office should be made available for a “reasonable cost.”

Don’t go into your deposition unprepared! Contact us today to speak to a Las Vegas wrongful death lawyer and collect the compensation you deserve.

sign contract

Personal Injury Case Confidentiality Agreements

Written by Jon Remmel on . Posted in Blog

At Remmel Law Firm we understand how essential it is to find an attorney that is knowledgeable and skilled in dealing with personal injury cases. Many of these personal injury cases reach settlement rather than going to trial, and frequently utilize confidentiality agreements. These types of agreements require certain documentation to avoid headaches with the IRS come tax season.

The Dennis Rodman Example

Dennis Roman poses
Photo by OPEN Sports

In 1997, Dennis Rodman was a star forward for the Chicago Bulls, but faced legal trouble after kicking a cameraman in the groin during a game. The cameraman was carried off on a stretcher following the incident and hospitalized for a brief time. He sued Rodman on a personal injury claim, and settled for a confidential amount. However, the IRS came after the cameraman regarding the tax consequences of the settlement.

Many insurance companies and individuals create confidentiality agreements to prevent the plaintiff from speaking publicly about how much money was obtained during settlement, such as with the Rodman case. Yet this creates a huge issue during tax season if  correct documentation isn’t available to create a taxable consequence for the IRS.

Confidentiality Clause: Why It’s So Essential

Avoid finding yourself in the same situation as that Bulls cameraman by documenting the amount of money received at the time of settlement. Referred to as a “confidentiality clause,” this documentation of money received is a way to explain to the IRS why you did not claim the money on your tax return, and saves you from tax liability problems. Working with an attorney who is aware of this clause is one of the best ways to avoid dreaded issues with the IRS.

Please contact us to learn more about the top Las Vegas auto accident attorney or to schedule a free consultation. We look forward to meeting with you.

McDonalds’ Value Menu Serves Up Ammonia-Laced Burgers

Written by Jon Remmel on . Posted in Blog

This makes me sick to my stomach.  It is not a joke.  I want you to read this official press release from McDonald’s regarding the use of ammonia in their hamburger meat and tell me what you think…

“For a number of years prior to 2011, to assist with supply, McDonald’s USA used some lean beef trimmings treated with ammonia in our burgers. We were among other food retailers who used this safe product.

“At the beginning of 2011, we made a decision to stop using this ingredient. It has been out of the McDonald’s USA supply chain since August of 2011. We wanted to be consistent with our global beef supply chain and we’re always evolving our practices.”

For a number of years?  It’s comforting to know that for however long, my family (and yours) was consuming poisonous meat.  You did this to assist with supply?  Oh, that makes it better.  Phew.  Good thing we had some leftover cleaning solution to meet today’s hefty hamburger demands… And remind me again how many BILLIONS you served in those years where you fed our kids “ammonia in [your] burgers?!?”  Next, you try to convince me that, somehow, my ammonia-laced Big Mac was “safe.”  In the event the Golden Arches’ brass hasn’t figured it out yet, you use the same ammonia to clean the public toilets at the close of your shift.  Ammonia is also used as a fuel, fertilizer, and stimulant.  And it took you until 2011 to make the decision to stop?  Someone should be applauded for their “prompt” response… right after they are sent to jail.

For decades, McDonald’s has used clowns, cheap meals and indoor playgrounds to lure parents from around the world to spend their money at their local ammonia-laced burger stand.  McDonald’s has made, literally, profited in the billions for this unsafe behavior.  It reminds me of tobacco companies who, likewise, lured youth to participate in unsafe and addictive conduct.

When is corporate America going to wake up and start being honest with its consumers?  The decade’s old campaign of “profit over safety” must come to an end.

Contact us online or call us toll-free at (702) 522-7707 to learn more about our experienced personal injury services.
As necessary, we can visit you at home or in the hospital — we can also offer evening and weekend appointments.

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Remmel Law Firm, our Southern Nevada Office serves clients in the Las Vegas, Green Valley, Summerlin, North Las Vegas and surrounding areas. Our Personal Injury Law Firm is dedicated to helping families thru the legal process when involved in an auto accident, an accident at work or an ATV accident.

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