Understanding which laws govern your case.

No one wants to find themselves in the situation where they are accused of a crime and need a criminal lawyer in Las Vegas. This is especially true for anyone that is in the military. It can be confusing right off the bat just trying to understand who has jurisdiction. And then there is the arrest and possible conviction that can significantly influence your military career in addition to the civilian legal penalties that you face.

Understanding Military Jurisdiction

Anyone that is on active duty or is undergoing inactive –duty training is under the Uniform Code of Military Justice (UCMJ). If a military member is active, in the reserves or retired, they can fall under the UCMJ and its guidelines. However, there is an exception for those serving in the Army National Guard or the Air National Guard. Unless they are performing their Federal service (they’ve been called up), they are not under the UCMJ. So essentially if you are in boot camp, advanced training, on active duty or reserve from active duty, you are held accountable under the UMJ.

Worldwide Jurisdiction

One of the most important things to note is that the Uniform Code of Military Justice has jurisdiction at home and abroad. It does not matter where you are stationed, that code governs. In fact, this is why a code is needed in the first place. Since U.S. citizens cannot be regulated by U.S. laws abroad, the military code creates consistency for service members regardless of where they are physically located.

Who Will Try You: Military or Civilian Court

This is where it can get complicated and why it is wise to have an attorney that can handle your case both ways. As a civilian and military lawyer, Craig Drummond can represent you in both civilian and military courts. A former Captain in the U.S. JAG Corps, he understands military law, how it is interpreted and how it is applied so that you can receive the strongest possible defense. If the crime in question is specific to the military (compromising the mission etc.) you will be tried in military court without question. If, however, you are accused of committing a crime that is applicable to anyone, you could be tried in military court, civilian court or both. Typically speaking, you could have charges brought against you by both courts and they would then coordinate to determine who will prosecute you.

Warning: If you are tried in civilian court, your case is not over once a verdict is levied. You could still be punished by the military, even if the charges were dropped. Most civilian lawyers would have no understanding of how to handle this situation so you need an attorney who can handle both. A perfect example would be someone arrested and tried for a DUI in civilian court. The charges could be reduced to reckless driving but the military could still impose fines, require mandatory treatment, etc., regardless of what the civilian court does.

Great news! If you feel that there is a conflict of interest with your insurance company, you can hire an independent attorney to represent you and ask them to pay for it. There are certain factors that must be present in order to qualify for this, but if you feel that your insurance company is not treating you fairly or if you think something feels strange or off with your legal representation, you should consult with an independent lawyer and discuss your case.

Who Qualifies for an Independent Attorney?

There must be a conflict of interest with the current attorney representing both you and the insurance company. This is where it can get confusing. Essentially, a conflict could arise if the attorney’s representation of the insurance company meant that they were more focused on attending to or promoting their needs over yours. In this way, if an attorney representing the insurance company meant that you could be harmed by receiving less than adequate representation, you could hire your own instead. A real life example would be if your insurance company decides that it wants to deny you coverage for some reason. They could claim late payment, etc., but if they move to deny coverage, you are entitled to your own attorney because their attorney could not sufficiently represent you when your interest and the insurance company’s interest are opposed.

How Will I Know If There Is a Conflict?

Your insurance company will send you communication that lets you know they are investigating your claim to see whether you qualify for coverage. If you receive this type of letter, you should seek out your own attorney. You may also want to do so if the insurance company lets you know that they are investigating whether or not you were at fault for the accident. Any communication that indicates they are looking into your actions or determining whether or not you have coverage should prompt you to hire an independent attorney because this is a clear sign of conflicting priorities.

Do you know someone who was denied insurance coverage? If you do, share this blog post with them. Most people have no idea that they have the right to hire an independent attorney. People in this situation often feel as though they have no options. The truth is very different. Not only can you hire an attorney, but the insurance company might be obligated to pay for it.

If you are going to trial, it helps to know how expert testimony works in a Nevada injury case. It is common to have an expert witness testify, and clients often ask who can be considered an expert. There are set guidelines that must be considered when deciding who can be an expert because that person’s testimony is supposed to be factual and help a judge or jury make decisions.

Who Is Qualified to Be an Expert Witness?

An expert witness needs to be an “expert” in a very specific area. For example, a doctor would be an expert when it comes to your health. To qualify, they must have:

• Formal education (college degree, etc.) in that particular field
• A license
• Job experience (they have to practice their education and training outside of just learning about the subject)
• Hands-on or practical experience

Think about it this way: someone who watches medical dramas could not testify about your health condition. A doctor who is actively practicing medicine and has treated you, can. If you want some additional expert testimony to confirm your doctor’s assessment, you will want someone who not only practices medicine but is published or has earned a stellar reputation based on their verifiable accomplishments.

Things to Consider

In addition to being qualified as an expert witness, there are limitations to what they can discuss on the stand. An expert can only testify to things within their field of expertise. For example, a chiropractor could testify about injuries to your spine or soft tissue, but they are not an expert in concussions and would not be able to provide valuable testimony to a head injury.

An Expert Witness Must Provide Relevant Testimony

The purpose of their testimony is to shed light, clarity or to provide additional and useful information for the judge or jury to consider when making a determination. Their testimony needs to be relevant and useful. This is in your best interest as well. For example, if you are claiming that you suffered a back injury so severe that you cannot work because sitting at the computer causes pain, you want an expert to explain what happened in a way that a judge or jury can understand. You want a chiropractor, for example, to explain how the spine works, how it was impacted by the accident, and what changes have occurred since then. By shedding light on the situation, they can help make your case.

Who would you want to be an expert witness at your trial?

Have you thought about hiring an expert witness? Who would you hire, and why?

If you have filed a Nevada injury case and are thinking about filing for bankruptcy, don’t do it without speaking with your injury attorney. Filing for bankruptcy can and will impact your pending case, so it is important to have a strategy in place that will protect your assets. If you have already filed for bankruptcy, let your injury attorney know quickly so they can work with you to adjust plans as necessary.

How Declaring Bankruptcy Can Impact Your Nevada Injury Case

When you file for bankruptcy, all of your assets become part of the estate. For example, your checking account, any money you are owed in commissions, your home, cars, and your personal injury claim all become part of the estate. The court has the ability to decide what happens to everything inside of your estate, so once you file, you do not have the freedom to make choices like selling your car — not without prior approval of the trustee (court).

Bottom Line: You do not control your money, property, or other assets once you have filed for bankruptcy. While they are still yours, the court gets to decide what happens to them.

Warning!

#1 – When you file for bankruptcy, your personal injury claim becomes part of the estate, and the trustee is the one who selects what lawyer will represent you. The only way to be certain that you can keep your same lawyer is to file after your injury case is settled.

#2 – Your creditors will benefit from any money you receive from your personal injury case. Whether you settle or go to court, whatever you are paid will become the property of the estate and can be used to pay off creditors. The work you put into going to trial or preparing for the case could end up benefitting your credit card company.

#3 – You must disclose your personal injury case when filing for bankruptcy. Hiding it is illegal.

Filing for Bankruptcy Creates Complications

Declaring bankruptcy in a Nevada injury case creates all sorts of complications. Since your claim moves from you to the estate, you become almost like a bystander or inactive participant. The trustee is the one who gets to hire the attorney, and the trustee has the only say over how the case is to be handled. It is a strange concept that can become fairly uncomfortable for all involved. What you need to be aware of is that the trustee’s duty is to your creditors and not to you. The personal injury lawyer you hired initially has a duty to you. The difference is an important one when it comes to watching out for your best interests. With that in mind, you should carefully consider if and when you want to file for bankruptcy if you have a pending injury case.

Bankruptcy can be complicated. Do you know anyone who has filed for it while in the middle of a lawsuit? What happened? Share your story here!

Super Lawyers has once again named Attorney Craig Drummond to their Top Laywers list as a “Rising Star” in the Mountain States. No more than 5% of Attorney’s are selected for inclusion to Super Lawyers and only the top 2.5% are selected as Rising Stars. This is Craig’s 5th consecutive year of receiving this award.

WHAT IS SUPER LAWYERS

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process includes independent research, peer nominations and peer evaluations.

Here is a link to an infographic from superlawyers about the selection process.

Craig Drummond will be able to assist you to acquire monetary compensation for your injuries and damages and reduce the unnecessary stress after your accident. Request a free case evaluation. We will help with your case. You can trust that you are working with a team that is greatly equipped to assist you.

It is ironic but accidents involving police cars do happen and unfortunately, people are injured as a result.  That is exactly what happened on December 28^th when a police car collided with two sedans.  The police officer was driving an unmarked Chevy Impala.  It had lights and sirens but when it went through an intersection with a red light, it hit both a Honda Accord and a Honda CRV.

News 3 Las Vegas reported that the Honda CRV had two women and a small child inside and the Accord was driven by a local Las Vegas man. Those four people had to be treated at Sunrise Hospital and Medical Center.

Officer Safety a Topic of Concern for Car Accident Lawyers in Las Vegas

Law enforcement officers do an important job in keeping our city safe.  There can be no dispute that when we need help, they are who we trust to come to our aid.  Whether after an accident or a break-in, the automatic thing to do is call 911.  We trust officers to help us stay safe which is what makes these types of accidents so disconcerting.

No one ever anticipates getting into a wreck with a police officer since they are expected to drive safely and follow the rules of the road.  Typically this is the case and most officers receive significant training on how to drive at high speeds or through traffic in order to get to their destination.  Still, when an officer is driving, they can make mistakes just like the rest of us.  We do not know if the accident was the fault of the officer or the other vehicles not pulling over but it raises important questions, including:

• Should officers be driving unmarked cars?
• Should lights automatically change to give other drivers more warning or notice?
• Is it ever safe to pull over in the middle of an intersection?

Law enforcement and state legislators should work together to find ways to improve safety.  If changing protocols or laws will help, it is worth serious consideration.

Have You Been Hit by a Police Officer?

Were you in an accident like this?  Do you know anyone that was in an accident with law enforcement?  This might make for a good story at the neighborhood barbeque but in real life, getting into an accident with the police does not always work out so well.  Just because the driver was an officer does not mean that it was their fault.  A car accidents lawyer in Las Vegas can help by investigating what happened and determining who was actually negligent or responsible.

What Would You Do?

As a car accidents lawyer in Las Vegas, we want to know – what would you do in this situation? Leave a comment and let us know what you would do if you were hit by a police officer.

It may stand to reason that all doctors are the same, so it does not matter who you see after an accident.  As a car accidents lawyer in Las Vegas, I can tell you that the opposite is true.  While all doctors do go to medical school and are likely to provide you with proper care, not all doctors work with accident victims.  They will treat you but they do not have the special training that can help in your recovery and your case.

Find the Right Doctor

After an accident, you can ask a car accidents lawyer in Las Vegas for a list of reputable doctors or you can search for one online or through a referral.  When you go to make an appointment, ask if the doctor works on accident cases and if they are willing to testify in court if necessary.  This is an essential duty performed by doctors familiar with treating accident victims.  When it comes time for your court case, the judge and jury will need to hear information related to your medical care.  The best person to explain your condition and the future impact of your injuries is your doctor. Asking this question up front can prevent you needing to switch later on.

You May Need More than One

Many people visit their primary care doctor immediately following their accident.  This is often the easiest person to see on short notice.  They can check you out to make sure that you do not have any internal injuries and prescribe medication for pain.  They will not, however, be the best doctor to help you recover.  It is highly likely that you will need to visit a specialist, chiropractor, physical therapist or massage therapist as part of your overall treatment plan.  Receiving the right care will help you to have the best chance for recovery.  If you need to see a specialist and the insurance company is trying to prevent this, you may need help from a car accidents attorney in Las Vegas.

Your Doctor Will Need to Work with a Car Accidents Lawyer in Las Vegas

Think of your doctor and lawyer as part of a team.  They will need to work together to build your case.  Your doctor will be able to document what your injuries were, how they are impacting you now, and how they will impact your future.  They will be able to make determinations like whether or not you will be able to work in your current profession.  Your doctor, however, will not work with the insurance company to settle your claim and while they may testify in court, they will not specifically work on your case.  This is where your attorney comes in.

What Doctors Have You Visited?

If you were in an accident, what type of doctor did you visit afterwards? Did you see a chiropractor, general practitioner, physical therapist or some other specialist?  Who was able to help you get the most relief? Leave a comment and let us know.

It is the call that no one ever wants to get – your child was in an accident.  As a car accident lawyer in Las Vegas, we see cases like this on a regular basis.  Most of them involve teenagers that were either driving or were passengers in a friends’ car.  Fortunately, most of these accidents are non-fatal, producing injuries that can be recovered from.  If you do get a call like this, it is important to know how to handle the situation.  Since your child is still a minor, they are going to need your help.

Their Safety is Most Important

If you get a call immediately following the accident, you may want to head to their location.  When someone is in an accident they typically go into shock.  Whether they are sixteen or forty, it happens.  The problem is that teens don’t have the experience to deal with the process of collecting information from the other driver, working with the police to file a report, or getting their car to a safe location.  If you are close by or have a family member who is, head over there to make sure that a police report is filed and that your child is safe.

Take Them to the Doctor

Regardless of whether your child thinks they need medical care, it is important that you take them to see the doctor.  Shock makes it difficult to feel the full extent of injuries so they may feel okay immediately after the accident and be in terrible pain the next day.  Getting them checked out right away will help them to recover faster, give them a better chance of remaining comfortable, and either identify or rule out any internal injuries.

A Car Accidents Lawyer in Las Vegas Will Conduct an Investigation

After an accident, an investigation will need to take place to determine negligence or who is at fault.  This is something that the police will work on after a major accident but if they were in a fender-bender or there were no significant injuries, they may not.  In this case, an attorney can help to determine what happened, who was at fault, and build a case that may result in your child receiving financial compensation.

Hiring an Attorney

A car accidents lawyer in Las Vegas can represent your child but, if they are a minor, you will need to be part of the process and sign any contracts for them.  Until they are eighteen years old, they cannot enter a legally binding contract for representation or to accept a settlement offer. As their guardian, you will have to do that for them.

Are You a Teen that Has Been in an Accident?

If you are, or you know someone that does, you have rights.  Just because you are a minor, does not mean that you are not entitled to compensation for your injuries.  It only means that you will need to work with your parent and a car accident lawyer in Las Vegas to handle your case.

If you were in a car wreck as a child or teen, leave a comment and let us know what the outcome of your case was.

No.  As a car accidents lawyer in Las Vegas, I work with a lot of clients that come to me thinking that their insurance company will give them a high payout for their injury claim.  It is an understandable misconception because of the client relationship established with an insurance agent when you buy a policy.  They are warm and friendly, trustworthy, and maybe even an actual friend.  The problem is that your insurance agent is not who makes a decision regarding your claim.  A claims adjuster is, and their goal is to keep payouts as low as possible so that the insurance company can make more money.  This is why you should consider working with an attorney.

What You Should Know Before Filing an Insurance Claim

Filing an insurance claim begins with a call to the claims department of your insurance company.  This is not done with your actual agent or with customer service.  They are going to ask you a lot of questions about what happened and who was involved.  My recommendation is to keep the call brief.  They may ask you about things that you do not know, cannot fully remember, or are uncertain of due to the shock of just having been in an accident.  It is better to ask for a follow-up call or have them speak with an attorney instead of answering things in a way that may not be completely accurate.  After all, everything you say is being recorded and could be used against you later on.

Who Pays for Your Medical Bills and Property Damage?

Typically, after an accident, your insurance company will open a claim and provide you with a claim number.  That number is then used by your doctor and the auto body shop for billing purposes.  Your insurance company will then try to collect that amount from the insurance company of the other driver if they appear to be at fault.  The other insurance company may or may not pay.  This process is separate from any lawsuit that you file or damages you are trying to collect with the help of a car accidents lawyer in Las Vegas.

How a Car Accidents Lawyer in Las Vegas Works with the Insurance Company

When you hire an attorney, the first thing they will do is to gather information regarding your case, what happened, who was involved, where it happened, etc.  It is critical to understand the facts prior to beginning negotiations.  Once that is done, discussions will begin with the goal of reaching a potential settlement.  Just because the insurance company is looking out for their own financial interest does not mean that they will not negotiate.  Very often things can be settled outside of court.  However, if they cannot, a car accidents lawyer in Las Vegas can represent you in court.

What Was Your Experience Like with Your Insurance Company?

Have you ever tried to work with them on your own?  What was your experience like?  Were they helpful or did you feel pressured to settle?  Leave your comments here!