We work hard to move every case as fast as possible for Settlement Money  and that includes getting our clients paid as fast as possible after settling a case. There are several key steps that we must always take to get a settlement check to the client:

• Sign Release: First our client must sign a release agreeing to the settlement. We then send this to the other side’s attorney or their insurance company.
• Check is Issued: The insurance company issues the check once they receive the signed release.
• Check is Deposited: The check arrives and we deposit it into our escrow account.
• Case Closing Report: This is a breakdown for our client showing the specific breakdown of where every dollar of the money goes and most importantly, how much our client will receive.
• Checks are Issued: The check then clears our bank and we issue a check to our client and any medical providers and lien holders as well as for Attorney’s fees and costs per the Retainer Agreement.

We work diligently to move through this process quickly in order to get money to our clients as fast as possible.

At Drummond Law Firm we will make sure you get your personal injury settlement money as soon as possible. Contact our personal injury lawyers today.

WHAT TO DO IF INJURED IN A BUS ACCIDENT BY THE DRUMMOND LAW FIRM AND 702-4-INJURY

In Nevada many people are injured while passengers on buses. Most buses do not have seatbelts or other restraint devices and as such passengers can be injured from relatively minor collisions. Further, on a crowded bus a passenger may not be able to see out of the front driver window and may be unaware that a collision is about to happen and unable to brace for impact which further increases the amount of bodily injury they may sustain in the collision.

On April 17, 2016, 22 passengers were injured in a bus accident in Las Vegas. The full story can be found at: http://www.reviewjournal.com/news/traffic-transportation/22-injured-one-critically-crash-involving-rtc-bus “Metro is investigating a crash involving a truck and a Regional Transportation Commission bus that injured one person critically and sent 21 others to the hospital Sunday morning.” The collision occurred around 7am near the intersection of McLeod Dr. and Sahara Ave. Many of the passengers on the bus were sent to the hospital after the bus collided with a truck and an investigation was ongoing by the Las Vegas Metropolitan Police Department and the Regional Transportation Commission.

In Nevada common carriers of passengers are “bound to use the utmost care and diligence for the safety of its passengers therein.” This rule applies to buses. The Nevada Supreme Court has determined that common carriers include airlines, trains, buses, and even escalator manufacturers. Common carriers are liable for injuries to a passenger “occasioned by its slightest negligence, against which human prudence and foresight should have guarded.” Legal scholars define the common carrier duty as requiring “the utmost caution characteristic of very careful prudent men or the highest degree of vigilance, care, and precaution.” As such, if you have been injured on a bus or by a common carrier of transportation, the party responsible for your injuries – the bus driver, bus company, or maintenance company – will be held responsible or liable for your injuries and damages if they did not act with the utmost care and diligence for your safety. This is one of the highest standards in negligence law.

If you are looking for the best and top rated bus accident lawyer in Las Vegas, Nevada and the best law firm for your bus accident case give the Drummond Law Firm a call today to schedule a free consultation. Give the Drummond Law Firm a call at 702-4-INJURY (465879).

When most people sign up to serve in the military they do so as a way to fulfil their patriotic duty, seek out new opportunities, receive training or an education, etc. The reasons for joining are numerous but most people enter feeling optimistic and positive. That optimism is beneficial but it can cause a glossing over of some of the facts of military life. Questions go unasked and this can lead to some basic mistakes such as not understanding that by joining the military you do lose a level of freedom.

Freedom is Not as Free for the Military

The freedom of speech is one of the core tenants of the Constitution and it is something that many American’s are adamant about. The ability to say what you want to whomever you want, assemble and protest, write a letter to the editor, etc. are all ways that you can exercise your freedom of speech – unless you are in the military. Service members have some basic restrictions on what they can and cannot say.

What You Cannot Say

According to Article 88 of the UCMJ, 10 U.S.C. 888 military officers are not allowed to say anything that could be considered contemptuous, if it is said against military enlisted personnel, Congress or the President. This may not seem like a big deal, except that it is. If you are following the presidential campaign and decide to make comments against President Obama that are considered contemptuous, you could be in violation, even though that is where you stand politically. If you are having a disagreement with someone else in the military and share your “contemptuous” feelings with others, that could be a violation. In the 1990’s, service members were reprimanded for mocking President Clinton via email. More recently, service members have gotten in trouble for what they have said on blogs or social media. Even what you say on personal platforms counts and could land you in trouble.

Further Limits on Free Speech

The military code of conduct also includes a ban on speech that could be considered disrespectful or insubordinate of a superior officer. Speech that is unbecoming of an officer or that could be viewed as bringing dispute on the service is also not allowed. Some of this is common sense. For example, you cannot be overtly rude or disrespectful to a commanding officer and understandably that would land you in trouble. While being disrespectful in the civilian world would never create the need for a criminal lawyer in Las Vegas, it could create the need for a military lawyer. Respect is something that the military takes very seriously so these are charges that warrant seeking legal help.

Know What You Are Dealing With

It is wise to take the time to understand what the military code of conduct is prior to entering the military. For some people, limits on their freedom of speech are not worth it. However, millions of service members have had successful military careers within these guidelines after simply adjusting their expectations. Knowledge, however, is the key to success.

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Do you know anyone that is entering the military? Share this post with them so that they can avoid accidental violations.

If you are facing a court martial, you have options. First, you need to make sure that you are working with an experienced military lawyer that understands how to navigate through the military court system. This is entirely different from civilian court and the changes in procedure alone can create challenges for a novice attorney. As someone with JAG experience, Craig Drummond represents clients in military and civilian court equally well.

The Charges Impact Where You Will Be Tried

What you are charged with will make the biggest impact on whether or not you face court martial. For example, if you are charged with a DUI or assault off-base, you could be tried in civilian court and need the help of a criminal lawyer in Las Vegas. While you still could face penalties or reprimand, your trial could be held outside of the military justice system.

Options for Avoiding a Court Martial

If you are charged with a crime that is specifically related to the military code, you will need a military lawyer to represent you. In that case, your attorney could negotiate on your behalf prior to the trial starting, similar to entering a plea bargain in a civilian trial. In many cases you can make a request to be separated from the military in exchange for having the charges dropped. Once you are discharged, they will be. Additionally, if you are retirement-eligible, deciding to retire could be a far better option than facing a court martial. You should still receive your retirement benefits so there is no risk for you financially. For officers, there is one additional option and that is retiring at a lower rank. This is an administrative process and requires approval but it is worth serious consideration as a way to avoid more serious penalties.

Experience Matters

Just because you are accused of a crime and facing court martial, does not mean that you are guilty of committing one. When you are charged in military court, you are still innocent until proven guilty so if you want to fight the charges, you can and should. As long as you have an experienced military attorney on your hand that can build a strong case, you will have a good opportunity for having the charges dismissed or being found innocent. While there is never a way to predict what the results of a trial will be, you can be sure that having an attorney on your side will increase your chances of success.

Do you know anyone that has faced a court martial? What was their experience?

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.