Wednesday, June 17, 2015
Spring is officially in full swing, which means the Las Vegas strip is bustling more than ever and people are out to have fun. More people means more traffic, and increased population density in the heart of the city corresponds with an increase in pedestrian injuries. In the interest of ensuring that your good time isn’t ruined by an unfortunate accident, take time now to reflect on how to prevent an injury before one happens, and know your legal options in the event that an accident occurs.
Use Common Sense and All Five Senses in Busy Urban Areas
The Las Vegas strip is one of the liveliest places on earth, especially in the springtime. Don’t assume a vehicle will give you the right-of-way as a pedestrian. Don’t attempt to cross the street in the presence of traffic and don’t wander into taxi queues. In a city where pedestrians are known to enjoy a cocktail or two, and smartphones command too much interest from pedestrians and drivers alike, it pays to always be alert.
Pedestrians Are Owed a Duty Of Care
As a pedestrian, you are owed a duty of care by both drivers of vehicles and other pedestrians. Drivers must obey the laws of traffic and drive safely. Other pedestrians must act responsibly. If you are injured as a pedestrian as the result of the negligence or reckless of a driver or other pedestrian, you may have a legal claim for damages. After promptly seeking medical treatment for any injuries you have suffered, reach out to a skilled Las Vegas pedestrian accident attorney to discuss your legal options.
What to Do If You Have Been Injured As A Pedestrian in Nevada
If you have been injured as a pedestrian in Nevada, you may have a legal claim against the party or parties responsible. To discuss your legal options, call an experienced Las Vegas pedestrian personal injury attorney today. You may be able to recover compensation for the cost of medical treatment, pain and suffering, lost income due to missed work, and other losses. The De Castroverde Law Group has been providing experienced legal representation to pedestrian accident victims for four decades. Let us use our experience to help you recover the compensation you deserve for your injuries. Please contact us today.
Monday, June 15, 2015
With summer approaching, it is time to take a few moments to think about swimming pool safety. For health, safety, and legal reasons, there are precautions to take and good practices to put in place. Taking time to reflect now will both improve your chances of having an accident-free summer, and increase your knowledge of what to do in the unfortunate event of an accident.
Children Must Be Supervised
It is imperative that children are supervised while swimming, irrespective of their level of swimming expertise. The rule is the same whether children are swimming at a sprawling public swimming facility or a backyard above-ground pool. This is common sense, but there still exists the temptation to reduce vigilance for children that are advanced swimmers for their age or approaching teenage years. Don’t let your guard down; doing so will increase the chances of a swimming pool tragedy.
Affordable classes are taught by the Las Vegas chapter of the Red Cross, and they will get you ready to perform first aid in time for summer. Even after you have learned CPR, post instructions near your private pool. Doing so will ensure that you stay calm, collected, and ready to act in the event you need to perform CPR.
Pool Owners Owe an Elevated Duty of Care to Swimming Guests
It is important to understand that pool owners owe an elevated duty of care to swimming guests. For the owners of private backyard, rooftop, or interior pools, the duty of care owed to swimming guests is even higher than the ordinary duty. These social guests are classified as “licensees,” and pool owners must warn them of the presence of any dangers that are not obvious to the average person. In the swimming context, this might include the depth of water, presence of cleaning chemicals in the water, and/or slippery surfaces. The duty of care elevates further for the owners of pools that are either open to the public, and for pool owners, whether public or private, that charge an entrance fee. General public guests and paid public or private guests are classified as “invitees” and pool owners must protect them by maintaining the premises to prevent injury.
What to Do If You Are Injured In a Swimming Pool Accident
If you are injured in a swimming pool accident in Nevada this summer, you may have a legal claim against the owner of the pool. To discuss your legal options, contact an experienced Las Vegas personal injury lawyer today.
Saturday, June 13, 2015
Divorce can confusing and complicated. When a couple has shared a life for years, splitting up the property they have acquired can be a complex process. This is made more complicated by the fact that not every state treats family law matters the same, or divides property in the same ways. Nevada is in the minority nationwide because it is a “community property state.”
What is a Community Property State?
Because Nevada is a community property state, that affects personal property rights, divorce law, and even inheritance laws in the state. Basically, “community property” is property that spouses own together. In a community property state, married couples are considered to jointly own:
- All of the income earned by both spouses. This means that even if one spouse earns substantially more than the other spouse, both spouses have a claim on the total household income.
- Any property acquired with income earned during the marriage. This includes both real property (like land or buildings) and personal property (things that you own that is on your land or in your buildings, such as cars, dishes, jewelry, or even pets).
- Any debts acquired during the marriage. This means that if one of you took out a mortgage or student loan before you got married, the other spouse generally is not responsible for that debt. However, if one spouse ran up credit card debt during the marriage, then both may be held responsible for that debt.
This jointly owned property might have to be sold in the event of a divorce if the parties cannot agree to a fair distribution of the assets.
What is Not Considered Community Property?
It can seem like everything either partner owns is community property, but that is not the case. There are three main types of property you may own if you are going through a divorce that are not considered community property. These include:
- Property obtained by one spouse after a legal separation is not community property. It is important to remember the “legal” separation part of this, so you do not inadvertently obtain property after your marriage is over and wind up having it divided with your spouse.
- Any property either of you owned before you entered into the marriage stays with the person who originally owned it, as do any pre-marriage debts.
- Property that one of you received as either a gift or an inheritance during the marriage from some outside third party can remain separate from community property, as long as it is actually kept separate. If one partner inherited money individually from an aunt, that could remain separate from the community property. However, if the inheritance was put in a joint bank account and included with community property funds, then it would also become community property.
Thursday, June 11, 2015
Immigration law is one of the most complicated areas of law in the United States. Applying for a visa or citizenship is a complicated processes, as is fighting deportation or removal. Trying to navigate the system can be extremely frustrating. Here is a list of some of the main types of immigration in the United States
One common type of immigration is family-based immigration. This occurs when one family member already lives in the United States lawfully, and another family member uses his or her relationship as a basis for immigrating to the U.S. There are two different types of immigration that are considered family-based:
- Immigration of immediate relatives: There is no numerical limit on how many relatives are allowed to immigrate under these provisions. These laws cover the spouses, unmarried minor children, and parents of U.S. citizens. In order for a parent to apply, the citizen must be at least 21 years old.
- Immigration by family preference: The number of family members admitted under these laws is limited to a little under half a million people per year. There is an extremely complicated weighting system that determines which applicants are allowed to immigrate. Family members who can apply under this system include adult children and siblings of U.S. citizens, as well as spouses and unmarried children of lawful permanent residents (LPRs). For a sibling to be considered, the citizen must be at least 21 years old.
The United States allows people with certain valuable skills to immigrate either temporarily or permanently to the United States. Permanent employment-based immigration allows 140,000 people per year to come the United States. That number is broken up into various subcategories. As for temporary workers, there are more than twenty different types of visas depending on what sort of work a person will be doing here and what the duration of that work is.
Refugees and Asylum-Seekers
Refugees and asylees make up a portion of those who immigrate to the United States. These people are typically fleeing persecution in their home countries or are unable to return to their homeland due to some sort of extraordinary or life-threatening condition. Each of these programs has strict requirements depending on an individual’s situation.
United States Citizenship
In order for a person to become a United States citizen, he or she must have had his or her green card for at least five years. Under certain limited circumstances, this can be decreased to three years for certain applicants. A naturalization applicant must also be at least 18 years old, be able to demonstrate continuous residency, prove his or her good moral character, pass citizenship exams, and pay application fees in addition to other possible requirements. There are special rules that apply to members of the U.S. military who are seeking citizenship.
If you have questions or concerns about your rights under the immigration laws of the United States, you should contact an experienced Las Vegas immigration attorney as soon as possible. Get in touch with the immigration team at De Castroverde Law Group today to discuss your situation and how the laws may apply to you.
Tuesday, June 9, 2015
Casinos are an important part of the Las Vegas economy. Whether one works in a casino or visits one for entertainment, it can be a very positive experience. However, sometimes the experience is not so positive. Sometimes, both casino employees and casino patrons find themselves injured at casinos. If this happens to you, you will need the help of an experienced personal injury attorney. These are just a few of the ways people can be hurt in casinos.
Some of the Most Common Casino Injuries for Employees
Employees have rights. When an employee is injured on the job at a casino, he or she may be entitled to receive financial compensation for his or her injuries. Some common causes of employee injuries in the casino setting include:
- Employees, particularly those working security or acting as valets, may be struck by a car or other vehicle in a casino parking lot.
- Employees can suffer from repetitive motion injuries. For clerical workers, this can include carpal tunnel syndrome or similar conditions. For employees such as card dealers, it may include injuries that occur by repeatedly bending or reaching in the same way, day after day, shift after shift.
- Casino employees may be injured by casino customers. It may seem that this would be the customer's fault rather than the casinos. However, if a casino has failed to provide adequate security then it may be held liable under certain circumstances. Similarly, if you are assaulted by a drunk customer, there may be additional liability issues for the casino, especially if the patron was served alcohol at the casino.
- Defective casino equipment can cause injuries.
- A slip or fall on the job may also entitle injured employees to compensation.
Just like employees, patrons of casinos can find themselves injured. In some cases, the casino can be held financially and legally responsible for those injuries. Some of the most common types of injuries suffered by patrons of casinos include:
- Slip and fall accidents may well be the most common type of accident leading to injury in Las Vegas casinos. These accidents can be caused by wet unmarked floors, ripped carpet, broken stairs or escalators, or even faulty handrails.
- Casinos may be held responsible under certain circumstances if the casino failed to provide property security or safety measures, and as a result, you have been assaulted by either a casino employee or another casino patron.
- Broken casino machinery can cause injuries.
- Many local casinos include hotels with swimming pools. Dangerous swimming pool areas can cause injury if proper safety measures are not taken by the casino.
If you have been injured in a casino, you should speak with an experienced Las Vegas personal injury attorney as soon as possible. Contact the experienced litigators at the De Castroverde Law Group now to discuss your case and your legal options. You may be entitled to financial compensation for your injuries.
Sunday, June 7, 2015
Slips and falls can lead to serious personal injury, especially as we get older and our bodies become less resilient. When a slip or fall is caused by someone else's negligence, you may be entitled to financial compensation for your injuries.
What are the Most Common Causes of Slip and Fall Injuries?
- Wet or Uneven Surfaces: Wet or uneven surfaces cause over half of these accidents according to the National Floor Safety Institute. This type of accident includes those caused by cluttered or damaged floors, uneven or damaged sidewalks, potholes, damaged staircases or carpeting, and wet or recently waxed floors.
- Weather Conditions: The snow or rain is obviously not caused by your neighbor's negligence. However, when bad weather happens and the people responsible for shoveling, plowing, and salting roads, sidewalks, and stairways fail to do so, you can be seriously hurt by their negligence.
- Improper Training: Slip and fall accidents can happen at work. Some people's jobs require them to walk in dangerous areas. If these employees are not properly trained how to navigate these dangerous areas, their employers may be held responsible for their injuries.
- Neglect: When a nursing home or hospital staff member neglects a patient, that patient may slip and fall and suffer a serious injury as a result.
What Sorts of Injuries Do Slips and Falls Cause?
Some falls can result in simple bumps and bruises. However, some falls result in very serious, or even life-threatening injuries. If, for example, a person hits his or her head when falling, this can result in a traumatic brain injury. According to the Alzheimer's Association, falls are the leading cause of traumatic brain injury for people of all ages. Brain injuries can result in unconsciousness, memory loss, confusion, learning and memory difficulties, speech problems, coordination problems, hearing or speech loss, dementia, or even death. Joint or bone injury is another serious injury of a slip or fall. Older individuals are particularly at risk for hip fractures. These serious injuries can affect an individual's mobility and his or her ability to engage in the activities he or she loves. If an individual falls on to some sort of object, internal injury is also possible. This could include injuries to vital internal organs, a situation which could be life-threatening.
If you have been injured in a slip and fall, you should contact an experienced Las Vegas personal injury lawyer. When you speak with the experienced attorneys at the De Castroverde Law Group they can explain your legal options and discuss whether you may be entitled to financial compensation for your injuries.
Friday, June 5, 2015
A taxi accident is perhaps even more traumatic than an ordinary car accident. Relaxed in the back seat, having entrusted your personal safety to a transportation professional, you expect to get where you’re going swiftly and without incident. Under such circumstances, post-accident shock and disorientation can be magnified. If you commonly use taxi services, take a moment now to think about the steps you must take after an accident. Your health, safety, and even your financial security, may depend on it.
After A Taxi Accident, Your Health Comes First
Without a doubt, the first thing to address after a taxi accident in Nevada is your health. If you have been injured, seek medical treatment as soon possible. A delay in treatment can worsen an injury. When you are in a safe place, take a moment to consider any injuries you may have suffered. Some of these injuries may not manifest themselves until days or even weeks after the accident.
A Police Report Is Very Helpful In Proving Liability and Damages
After you have examined yourself for injuries and sought any necessary medical treatment, it is time to take action to discover evidence of the accident. Nevada is a fault state in terms of car insurance – a legal distinction that makes blame for a taxi accident an important element in recovering compensation for injuries, pain and suffering, lost income and opportunities due to missed work, and other losses. Fault must be proved, and evidence is the means to do it. When the police are called to investigate an accident, they file a report. The report is frequently useful evidence that can be relied upon in either a court of law or settlement negotiation process with an at-fault taxi driver’s company or insurance provider.
If You Can Do So Safely, Photograph the Accident Scene
In addition to calling the police to investigate the accident scene and file a report, take photos of the accident scene with your phone if you can do so safely. Specifically, photograph damage to vehicles, property, personal injuries, skid marks, fallen trees, and other elements that may have contributed to the accident.
What To Do If You Have Been Involved in a Taxi Accident In Nevada
If you have been in a taxi accident in Nevada, you may benefit greatly from relying on the skill of an experienced Las Vegas taxi accident lawyer. This is especially the case if you are unable to reach a fair settlement with an at-fault cab company, taxi driver, or insurer. Accident victims may be able to recover compensation for the cost of medical treatment for personal injuries, car repair bills, lost income or opportunities due to missed work, pain and suffering, and other losses.
The De Castroverde Law Group has been providing experienced legal representation to accident victims for four decades. Contact our dedicated legal team today about your legal options.