Dallas Horton

Dallas Horton is a personal injury attorney in Las Vegas, Nevada. He has been serving the Las Vegas community for over 20+ years, and has not only helped resolve over 15,000 personal injury cases, but also has recovered more than $250,000,000 for his clients. Dallas has also received awards too numerous to count, along with most of the highest and more prestigious legal honors that can be awarded to an attorney in the state of Nevada.

When Should a Victim Pursue an Injury Claim?

Just the act of living creates opportunities for individuals to be injured. An individual may literally be doing nothing more than enjoying a cup of hot tea at their favorite restaurant and become injured (ie. Falling ceiling tile, waiter spills hot coffee, etc.). Every time an individual is injured due to the neglect of someone else, they have the right to just and fair compensation. Sadly, lots of people never get this compensation. There are a couple of things which each and every accident victim should contemplate before brushing off the odds of filing a claim.

Is there a Difference between Claim Types?

Yes. The Term “personal injury claim” doesn’t necessarily apply to all injuries in all scenarios. A psychological injury would be treated much differently than a physical injury. Many of the best personal injury lawyers in Las Vegas would agree and point out the futility in making a big deal over certain small injuries, such as burns or scrapes , that do not influence a person’s ability to work as normal. This can be true in most injury cases. If a person sustains a cut which requires no treatment, it seems frivolous to bring a personal injury case forth. The injury realm is not always so black and white, although this may seem obvious.

What to Consider for Personal Injury Claims

The simplest factor for an individual to think about when determining whether to file a personal injury claim or not, is if another individual’s negligence contributed to a significant injury. It is not essential for this harm to be physical, but it’s imperative that there be a person in a position to show their injury. This is normally done via the testimony of their notes or healthcare practitioners describing continuing injuries.

If an Injury is severe enough to require medical care, and it had been caused through another individual’s negligence, then it’s a fantastic idea to think about pursuing a personal injury claim. Keep in mind that negligence is doing something that a reasonable person wouldn’t do. A person, for example, would stop at a red light; when someone fails to do this and causes a car accident injury, then this would count as negligence.

What Lawyers Will Look At?

They need to get some other factors to help determine what the verdict might be, although undoubtedly, that personal injury lawyer will examine and explain the evidence that accident victims should consider before taking on a claim. For some lawyers, for example, one important factor to the case is how hard it’s going to be to collect compensation against the guilty party. They may see small incentives, if it is not probable that a person or their insurance company will pay up if they lose a case.

Attorneys will also consider the amount of evidence that is available to demonstrate that there is a victim telling the truth. Additionally, they’ll want to know how much it’s likely to cost to collect the necessary evidence. The important thing is that speaking to an injury attorney is a great way to gauge how successful a claim will be.

How Can You Ensure Just Compensation From An Injury?

A personal injury can be a substantial financial burden and can cause you emotional and physical suffering. If your injury was caused by someone else, you might be eligible to collect damages to compensate for medical expenses, lost wages, and your suffering. An experienced personal injury lawyer in Las Vegas can help you win that compensation.

Personal injury most commonly refers to bodily harm, but can also include the infliction of emotional distress. One of the most common kinds of injury comes from car accidents. If you suffered an injury and you were not at fault in the crash, you should get reimbursement. Injury law encompasses injuries caused by a slip and fall, someone else’s house or business known as premises liability laws, injuries sustained from elder abuse, a wrongful death of a loved one, and even an injury caused by a dog bite. Every one of these injuries can occur because of someone else’s fault or negligence.

A personal injury can lead to high prices to you, in addition to the pain and stress of the harm itself. You may have to seek treatment for your injury, which could lead to medical bills that are costly. You may also have to take some time off of work so as to recuperate, which may lead to lost wages. To continue working, nobody should ever have to sacrifice their health. You shouldn’t lose money due to an injury that is the fault of somebody else!

There are a number of steps you may take if you’ve suffered a personal injury in Las Vegas. You should write down notes of what occurred during the accident. These notes will probably be much more reliable than your memory if you want to recount what happened afterwards make them as comprehensive as you can. It will also be of assistance to identify witnesses of the injury who will be able to help you prove your claim in court, or provide evidence to an insurance adjuster if possible. Be sure to retain it When there is any physical signs of your injury. You should get a grasp of your medical documents, either of any therapy following your accident and for the period prior to your injury. This will demonstrate that you are telling the facts about your injury and not any condition, the accident, was responsible for your accident. It is possible to contact your doctor. All of these records will help you to prove your claim in the event you choose to file for payment.

A personal injury attorney like Dallas Horton can assist you in obtaining the compensation you deserve for your injury. He will offer you advice, draft legal documents for you, and document complaints. It’s very important to note that personal injury lawyers specialize in doing only injury cases, or tort law, and they will therefore have lots have experience to draw while guiding you through the process. They can allow you to reach a reasonable settlement. They can represent you in court, if the other party refuses to settle.

There will be several lawyers to choose from, and it’s important to select one with lots of experience and who matches your goals. You may have the ability to ask friends and family . You’ll want to schedule a meeting with a minimum of one attorney to discuss your case. Most attorneys do not charge for an initial consultation, but make certain that you ask. You’ll want to come to the meeting prepared to discuss the details of your injury and any correspondence you have got with the insurance company. The lawyer can probably give you an impression of just how likely your case is to succeed.

4 Common Car Accident Settlement Questions

Questions #1: Can I get a settlement for a car accident?

Answer: Yes, 90% percent of our cases settle without the need for litigation.

Question #2: How long does it take to get a settlement from a car accident?

Answer: On average 90% percent of our cases settle within 100 days after discharge from the doctor.

Question #3: What is the average settlement for a car accident?

Answer: Our law firm has obtained settlements and verdicts and judgments from car accidents ranging from $3,000.00 all the way up to $9.6 Million. The nature of the injury and disability determines the value of a case. The more hurt and disabled you are the higher the value of the case. To truly value a case any honest car accident lawyer would need to review your medical records to understand the nature of your injuries and their effect on your life.

Question #4: How much money do you get for pain and suffering from a car accident?

Answer: In my law firm we have obtained pain and suffering results from five hundred dollars all the way to millions of dollars. The nature of the injury and the amount of pain, length of time for the pain, and whether or not the disability is permanent as well as the effect all of that has on the injured parties life and mental state is how attorney’s determine pain and suffering. Pain and suffering is often the largest portion of the settlement or verdict.

Important Factors in Determining an Injury Verdict in Vegas

A personal injury is considered as any emotional distress or bodily harm a person endures through no fault of their own. Injuries like these can be from a car accident in Las Vegas, from a faulty appliance or child’s toy, negligence on the job, etc.. When submitting a lawsuit here, a victim will usually hire an expert injury lawyer in Las Vegas, Nevada. The individual filing the personal injury claim is referred to as the plaintiff. What a individual could acquire in these type of suits depend on a variety of factors. It can depend on the type of harm the treatment procedures, and the laws of that jurisdiction. If the individual has some conditions that were caused or suffered before the accident, this may also be a factor.

The chief factor in determining the outcome of a personal injury lawsuit is the laws in that jurisdiction. Each jurisdiction has different laws as it pertains to:

  • Discovering who is responsible for the injury
  • How a judge or insurance company might assess the damage
  • The kind of injury that was cased to the victim

Certain jurisdictions will have very specific laws when determining the type of evidence that is admissible in court.

Another Factor that is important is what sort of injury the plaintiff has endured, such as physical injuries or psychological injuries. The cases involving bodily injuries are more easy to decide the verdict because there are records documenting the injury. The person may also have scars from the harm, especially if a car accident was the cause of the injury.

Treatment received is just another factor because if the individual has been treated several times for the injury they have a better chance of winning their case. It is likewise essential that the treatment received is reasonable for the type of injury that the victim has suffered. In case the treatment of the plaintiff claims to have received does not appear to “line up” with the injury, or the treatment was extended by a length of time, the jury or judge might be less inclined to trust the victims claims. This could result in the plaintiff not receiving anything, or they might get a lesser amount than they requested.

If the plaintiff has any preexisting conditions they can also impact the final verdict. For the personal injury lawyer to win the case, the plaintiff will have to demonstrate the Person or company resulted in the injury, they are suing for. If the victim has a pre-existing medical condition that’s similar to the injury he is claiming happened, it could help determine the verdict in a negative way. One example would be if the plaintiff had a preexisting back injury and files a claim stating that their back was hurt at work, the Judge or jury might think the harm was already their before the injury occurred.

What would classify as a personal injury?

Speaking broadly, there are two kinds of injuries. A qualified personal injury attorney in Las Vegas will tell you that an injury may be trauma, sickness, illness, a mental illness or a physical injury. A bodily injury could be due to a traffic collision, injury at work, the harm brought on by employing services or merchandise, or an auto accident. Physical or mental injury may lead to getting the incorrect treatment protocols if not handled correctly.

Personal injuries may cause irreversible disabilities, or even the death of a loved one. In Las Vegas, a claim for compensation from an injury must be seen by a judge in most cases. However, you can have your lawyer handle this for you.

Some injuries, in fact quite a few, happen due to severe car accidents. In these situations, the authorities will record any personal injury caused because of the collision. You also have to notify your insurance company of any injury you’ve sustained.

Your attorney will attempt to collect as much evidence as possible regarding your case and will then show this evidence to the court, and the insurance companies. Even if you decide not to file a claim for reimbursement, it is a good idea to keep this evidence in case you might need it in the future.

Mental or psychological harm is counted as bodily harm. If you have been mistreated or are harassed at your work place, or ridiculed by your peers or superiors, these may cause severe mental trauma. Psychological injuries are paid for and are counted as traumas.

Injuries may also happen in someone else’s home or place of business. In the world of injury law this is often referred to as premises liability. If you were injured on someone else’s property or home, you have the right to seek just and fair compensation.

4 Automobile Accident Questions About Lawyers

Question #1: How much does a lawyer charge for a car accident?

Answer: Generally, lawyers charge 33 1/3% to settle before litigation is required, and 40% for a recovery after litigation is required.

Question #2: Can you negotiate lawyer fees?

Answer: Generally no, a lawyer’s fee is not negotiable.

Question #3: Do I have to pay my attorney for my personal injury case if we lose?

Answer: You will not be obligated to pay attorney’s fees when you lose.

Question #4: What percentage does an accident lawyer get?

Answer: Generally, lawyers charge 33 1/3% to settle before litigation is required, and 40% for a recovery after litigation is required.

If you are looking for more detailed information about working with a Las Vegas car accident lawyer, then check out our main car accident page, for more detailed information, and even more questions and answers!

How to Avoid Motorcycle Accidents in Nevada

In addition to the above tips, there are additional things you can do to prevent serious injury and crashes when riding your motorcycle:

  • Get training. Whether you have just gotten your license or have been on a motorcycle for some time, getting additional lessons from an experienced instructor can help give you some great advice for avoiding crashes and staying safe. Be sure to get lessons about defensive driving and about what to do if you must go into a slide to avoid a crash. A good instructor can show you how to reduce your risk of an injury even if you find yourself in a very dangerous situation.
  • Wear a helmet and wear it properly. There is a huge disparity between the fatality risk for helmeted riders and those without helmets. In 2015, 41 of Nevada’s motorcycle fatalities involved riders not wearing helmets and 11 involved riders with head protection. Helmets can cut your risk of head trauma if you are ever in a motorcycle accident in Las Vegas. When wearing your helmet, be sure to use the chinstraps and wear a helmet that fits. The wrong helmet, worn correctly, is likely to fall off during a crash, meaning it won’t protect you.
  • Wear extra gear. In addition to a helmet, you can wear boots, leathers, gloves and extra padding to give you some protection in the event of a collision. These items will protect you from road rash and potentially other injuries if you find yourself in a dangerous situation. Goggles can also help protect you if your helmet does not have a visor.
  • Know the rules of the road and follow them. Is lane-splitting allowed in Nevada? This is just one of the common questions we get asked. The answer is no. You must ride in your own lane and treat your motorcycle like any other vehicle on the road. Do not share lanes. If you are unclear about these or other rules of the road, learn them so you can obey them properly.
  • Protect your passengers. If you have a passenger, make sure they are safe, too. Do not let an additional rider on your bike unless they have a helmet and are wearing it correctly. Make sure your passenger holds on to you correctly. Try going slowly at first if your passenger is new to motorcycles. This allows him or her to adjust and to get used to the movement so they don’t accidentally let go.

Have you been injured in a motorcycle accident in Las Vegas or anywhere in Nevada? Contact Dallas Horton & Associates for a consultation. Dallas Horton & Associates handles your case from start to finish, so you can focus on your life and your healing journey. Our law firm aggressively fights for the results you deserve.

When it comes to the evidence that can help your case, we know what to look for, where to look for it, what it means and how to use it. Our staff is sympathetic to your situation and committed to your case from start to finish. We have more than 70 years of combined legal experience, and our team of personal injury experts have been helping plaintiffs in Nevada for nearly 20 years. We have successfully resolved more than 7,000 cases, and our staff is bilingual. In fact, more than 30 percent of the clients we work with speak Spanish.

If you have been in a motorcycle accident, reach out to us to get the counsel and representation you need before you make any important decisions.

When Do I Need A Workers Compensation Lawyer?

Injuries at work happen and while employers do their best to maintain a safe work environment, accidents do happen. Your injury may be severe and debilitating. You will want to consult with a workers compensation lawyer to determine a fair and just amount.

The law offices of Dallas Horton and Associates, are experienced workers compensation lawyers who can help victims of work related accidents. Call us today for your no free consultation.

You May Need A Workers Compensation Lawyer If Your Claim Has Been Denied

 

If your claim has been denied, you may want to seek a personal injury attorney to represent you to overturn the denial. The employer may try to dispute the fact that your claim was work related.

An attorney will be able to use legal tools to gather evidence for your hearing. At your hearing your workers compensation attorney will represent you, present evidence, and work to overturn your claim denial.

You May Need A Workers Compensation Lawyer If Your Permanent Disability Rating Is Disputed

 

Suffering a permanent disability while working is the most common reason employees seek legal representation. Workers compensation uses a permanent disability rating to calculate benefits.

There are two types of permanent disability categories: Permanent Total Disability and Permanent Partial Disability.

Permanent Total Disability is when you are injured and are unable to ever work again. These are the most serious of disabilities, such as blindness and loss of arms and legs. Permanent total disabilities payments last throughout the injured worker’s lifetime.

Permanent Partial Disability includes things like broken fingers or limbs. The employee will recover and return to the workforce at some point in the future. States have in their workers compensation laws what are called scheduled loss or unscheduled loss.

A scheduled loss is disability in the extremities, like fingers, toes, arms, hands, and feet. An unscheduled loss is a disability that is not in the workers compensation list and these types of disabilities are more complicated to calculate.

You May Need A Workers Compensation Lawyer If You Have a Pre-existing Condition

 

If your injury at work involves a body part in which you have a pre-existing condition, you may need to seek an attorney to represent you. This is important for your case, as the insurance company will more than likely blame your injury on the pre-existing condition.

Repetitive stress injuries may fall in to this category, and can be difficult to prove. An experienced lawyer will be able to present the facts in a way that demonstrate your injury is not related to a pre-existing condition.

You May Need A Workers Compensation Lawyer If You Have Trouble Getting The Treatment You Need

 

Perhaps you are not getting the medical attention you need. Your injury may require surgery or treatment by a specialist. Your attorney will represent you against the insurance company to make sure you get the medical treatment you need to help you recover from your “on the job” injury.

You May Need A Lawyer If Your Ability To Work Has Been Affected

 

Perhaps you are facing a lifetime disability. You will want to seek out a lawyer to make sure you will receive the appropriate and fair amount of compensation.

Your injury can be an injury that causes you to have to seek a new profession. An attorney will work to insure that benefits are provided to train you in a new line of work.

You May Need A Lawyer If You Are Receiving Government Benefits

 

If you are already receiving disability benefits or utilizing Medicare, your benefits could be reduced or you may have to pay out of pocket for medical treatment. Workers comp attorneys will work with you to minimize any reduction in existing benefits you may be receiving.

You May Need A Lawyer If You Have A Workers Compensation Hearing

 

If the insurance company does not offer a settlement, you may be faced with a workers compensation hearing. During this hearing the insurance company will have experienced attorneys present.

You also need to have an experienced attorney on your side during this hearing. They will assist you in obtaining a fair and just settlement for you and your family. The workers compensation attorney will be able to present your case, and represent you against the insurance company. Experience matters when it comes to these hearings, so make sure you choose a lawyer with a proven track record of success.

Dallas Horton and Associates are highly rated, experienced, workers compensation attorneys. Call us today for a no cost evaluation of your case.

 

How To Deal With An Insurance Adjuster On A Personal Injury Claim

You were involved in a car accident, and you filed a claim with your insurance company. One of the first call’s you may receive from your insurance company will be the insurance adjuster (working on behalf of the insurance company). Negotiating with an insurance claims adjuster can be an intimidating experience, especially if you were just injured in a car accident while driving in Las Vegas. Before you agree to any compensation offered by the insurance company, understand how to speak to the insurance adjuster so you can protect yourself and get a fair settlement.

What Does An Insurance Claims Adjuster Do?

The insurance claims adjuster is there to assess damage, take your statement, and estimate compensation. Talking to the insurance adjuster is one of the most important conversations you will have and what you say will have an impact on the amount of money the insurance company will pay.

The insurance adjuster will calculate actual expenses like medical bills and loss of income. They may also estimate losses from pain, suffering, and emotional distress. Expenses in the form of medical bills or lost wages are simple in their calculation. Pain and suffering calculations are a little different. They may use a per-diem calculation in which you are paid a specific amount for each day of pain and suffering. Or they may utilize a pain multiplier system that multiplies the medical expenses times a set number.

The insurance adjuster will try to get to you make a statement—and possibly even record your statement—before you are mentally recovered from the accident or consult with a attorney. You are not legally required to make a statement to the insurance adjuster. Simply tell the adjuster you will make a statement at the appropriate time.

Keep in mind the insurance adjuster is not working for you. He is not an attorney, and may ask questions that will allow the insurance company to reduce the settlement amount for your personal injury, or worse, deny your claim. The insurance adjuster may even try to get you to take an immediate settlement. Do not agree to anything until you have all your facts together, or have obtained the services of an experienced Las Vegas personal injury attorney.

Provide Only Limited Information

Give no details about your injury or accident until you have time to collect yourself or consult with an attorney. While you certainly want to be polite and courteous, you are not required by law to make a statement. Take time to recover from the trauma of the incident, because you want to be clear minded when you do speak with the adjuster.

After an accident you need time to investigate the accident and evaluate the situation on your own. You will want to have a doctor give you a medical examination so you have a clear understanding of your injuries.

The Insurance Adjuster Works On Behalf Of The Insurance Company

The insurance adjuster works for the insurance company, and their job is to pay as little money as possible. They may seem like a nice friendly person, and may try to subtly get you to give information that may be harmful to your claim.

Do not do this until you have consulted with an attorney. The insurance claims adjuster is protecting the interests of the insurance company and may seek ways to minimize the settlement amount or get your claim denied. At Dallas Horton and Associates, we offer free consultations, so feel free to contact us today.

Do Not Let The Adjuster Record You

The insurance adjuster may ask you to give a statement, and possibly even record your statement. Do not do this! A recorded statement submitted as evidence in court is difficult to dispute. Knowingly being recorded may cause you to be nervous and make statements that could cause the insurance company to deny your claim or reduce the settlement amount.

Politely let the adjuster know that at this time you are not prepared to make a statement. Get the adjuster’s name and contact number, and let them know you will be in touch at the appropriate time.

Take Notes When Speaking With The Insurance Adjuster

It is important for you to take notes of the conversation with the insurance adjuster. Make sure you have the adjuster’s name and contact information. Also write down any dollar amount offered by the insurance adjuster or specific statements the insurance adjuster makes about your claim.

Remember if you have been severely injured you should seek representation.

What Is Personal Injury Law?

Personal injury law is the branch of law that deals with people who have been injured physically or psychologically by another person or product. Personal injury law, also known in the United States as Tort law, allows a person to seek legal remedy or compensation from the injuring party. This is known in the legal system as being “made whole”.

The Different Types Of Personal Injury:

  • Accidents, such as vehicle accidents, slip and fall accidents, or injury on someone’s property.
  • Intentional Acts of Harm, such as assault and battery, or any act that deliberately harms another person
  • Defective Products are products that injure persons, another area of personal injury law that may entitle a person to receive compensation.
  • Defamation of character is damaging a person’s reputation or spreading false claims about a person.

What Happens When I File An Injury Claim?

When your experienced Las Vegas personal injury lawyer files a claim on your behalf, you become the “plaintiff” and the party causing the injury becomes the “defendant”. When your claim is filed, the first stage involves gathering evidence, taking depositions from witnesses, and exchanging documents between the insurers and your attorney.

This process is called “discovery”. During the discovery process your attorney may inform you that the “defendant” has offered a settlement. It is not uncommon for most cases to be settled out of court, before the case reaches a trial.

If your case goes to trial, a jury will be selected. Your attorney will subpoena witnesses, present evidence, and argue that you have been injured through the defendant’s negligence, and ask for compensation.

A personal injury trial is different than a criminal or civil trial where there must be proof “beyond a reasonable doubt”. During a personal injury or “tort” claim, the standard of proof is lower than a civil or criminal trial. Your attorney must prove that “more likely than not” the defendant is liable for any claims presented. In a PI trial, each claim must be believed “more likely than not” true. A jury can then find some claims more likely true than not and the opposite of other claims.

How Do I Know If I Am an Injury Victim?

Vehicle: If you are involved in a car accident, truck accident, or motorcycle accident, then your lawyer has to show that the defendant driver did not exercise “reasonable care” when operating their motor vehicle.

Property: Getting injured on the property of an individual or business does not automatically entitle a person to an injury claim. When filing a claim against a property owner it has to be demonstrated that the property owner was aware of the potential for injury and did not make anyone aware of the potential danger on the property. This type of claim falls under what is known as premises liability.

Neglect/Abuse: If you feel that you or a loved one are the victim of abuse or negligence, which are defined as intentional harmful acts by the caregiver such as in elder abuse cases or day care negligence, you may be entitled to a personal injury claim. It needs to be shown that the acts were deliberate, intentional, and a violation of mandated standards of the State in which the caregiver or facility is licensed.

Bad Faith Insurance Claims: You could also be the victim of your insurance company acting in bad faith. The insurance company may deny your claim or offer you the minimal amount that you are entitled. A bad faith insurance claim simply means that the insurance company has wrongfully denied you, or offers you much less than what you are entitled to.

Are There Time Limitations On When I Can File A Claim?

States have their own statute of limitations when it comes to filing a claim against the injuring party. In the State of Nevada, the statute of limitations is, generally speaking, two years. Fraud claims can be made up to three years, and medical malpractice four years. It is important to speak with an attorney as soon as possible to stay within the statute of limitations and to give yourself the best opportunity to hold the party accountable.

Our firms founder, Mr. Dallas Horton, represents victims in all areas of personal injury. If you or your family member has been injured through no fault of your own please give us a call for a free review of your case.

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