Strategies, Challenges, and Answers

Advice On Settling Wrongful Death Claims in Nevada In January 2017 “Nevada Lawyer”

Mike Mills’ article on Settling Wrongful Death Claims in Nevada appeared in the January 2017 issue of the Nevada Lawyer magazine.  Mike was honored to join other legal scholars who covered important topics on Personal Injury Law in Nevada.  Check out Mike’s advice HERE. If you need additional information on this topic, please don’t hesitate to contact Michael C. Mills of Bauman, Loewe, Witt & Maxwell at 702-240-6060 x 114 or contact him by email at mmills@blwmlawfirm.com. … [Read more...]

Nevada Supreme Court Upholds Verdict Finding Right-Of-Way Violator Only 25% At Fault

The traffic light at the intersection of Sahara and Fort Apache was green for east-west travel. Raymond Yeghiazarian, travelling westbound, wanted to turn left on a permissive green ball.Heading eastbound in his patrol car was LVMPD Officer Jared Wicks. Running without lights or siren, Officer Wicks was travelling faster than the posted speed limit of 45 mph. Yeghiazarian made his left turn in front the oncoming Officer.  The two collided in the intersection.Yeghiazarian suffered severe … [Read more...]

Bad Faith Set-Up Fail!

Chau caused an auto accident that killed the opposing driver Benjamin Buenaventura.  Chau reported the accident to the Nevada affiliate of AAA.  Less than a month later, the attorney for the claimant sent a time limit policy limit demand to AAA.  To meet the demand, AAA would have to pay the entire $100,000 each person limit to Clara Buenaventura within two weeks and driver Chau would have to certify that there was no other insurance.  … [Read more...]

Under Nevada’s Wrongful Death Statute Where There Is Only One Decedent, There Is Only One “Each Person” Limit Available

Under Nevada’s Wrongful Death Statute, N.R.S. 41.085, the estate and multiple heirs can each make their own individual claims for damages.  (If you are not familiar with the Wrongful Death details, please click the following link to the relevant Mills & Associates Nevada Insurance Law blog post: Wrongful Death In Nevada).  Still there is the related coverage question of what portion of an applicable automobile policy limit is available to pay all these different Wrongful Death claimants.  … [Read more...]

An Heir Cannot Recover Wrongful Death Damages From His Or Her Own Personal Underinsured Motorist Policy If That Heir Suffered No Bodily Injury In The Fatal Accident

Deborah Fackett’s mother died from injuries she received in a car crash.  Deborah was not involved in the crash.  She suffered no physical trauma.  Deborah’s car was in no way involved in the accident.  Nevertheless, as her mother’s legal heir, Deborah qualified to pursue a claim against the tortfeasor under Nevada’s Wrongful Death Statute (N.R.S. 41.085).  For a brief overview of Wrongful Death in Nevada see HERE.Deborah filed a claim with the tortfeasor’s carrier and it paid its policy … [Read more...]