Tips

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 Do I Know If I Need A Product Liability Attorney?

If the product has done any of the following, you should seek legal counsel:

  • An injury was caused by a product.
  • The responsible product was somehow defective.
  • The defect created an unreasonable danger.

For example, if your child was injured from a new toy, your child may be the victim of a defective product. You may have suffered damage through a faulty hair dryer that caused electric shock, or a fire was caused because of chemicals leaking from defective night lights.

There are many instances where a product was defective and caused bodily injury or property damage. It is important to remember that if you have been injured by a product do not try to fix or repair the product, and leave it in the condition that it is when it caused injury or damage.

Consult A Personal Injury Attorney

Product liability cases are often complex and require a great deal of supporting evidence and documentation. You have a time frame of two years from the time of discovery of the injury to file a claim. For example, if you became ill because of exposure to a toxic substance, you have two years from the day you discovered the source of the illness.

It is important to discuss your case with a personal injury attorney who has extensive product liability litigation experience. A PI attorney for instance will have a record of successful litigation against manufacturers whose products have caused harm.

Make sure that you research attorneys and find out what their track record is in pursuing damages for defective products. Manufacturers will want to put the liability back on the consumer and you want an experienced attorney who will hold the manufacturer of the product accountable.

Products are manufactured all over the world in this age of the global economy. While most goods sold are perfectly safe, unforeseen accidents do happen. If this happens to you don’t hesitate to speak to a personal injury attorney.

Product liability generally falls under state law. That is why if you live in Las Vegas, Nevada, consult with a Las Vegas based attorney who can speak with you about your case. There is no cost to you to speak to an attorney who understands product liability laws and has a proven track record successfully representing victims who have been injured by defective products.

Dallas Horton and Associates are experienced in product liability cases. Call us today for your no cost evaluation.

When Do I Need A Product Liability Attorney?

Injuries caused by defective products are common, and if a defective product has injured you or someone you know, you may be entitled to compensation. Manufacturers are responsible for the products they sell, and consumers should be comfortable knowing the products they buy are safe for their prescribed use.

Dallas Horton, is an experienced product liability lawyer who understand the responsibility manufacturers have for their products. Call us today for your no cost evaluation.

What Does A Product Liability Attorney Do?

A product liability attorney represents individuals who have been injured by defective products and litigates against companies that have created a product that has caused harm. Product liability attorneys are able to demonstrate that a product has caused harm and seek compensation for the injured parties.

A product liability attorney will work to demonstrate that…

  • The manufacture did not exercise care in manufacturing the product.
  • There was a design defect in the product .
  • The manufacture did not provide adequate warnings about the product.

A product liability attorney will be able to demonstrate the manufacturer of the product was at fault. They will call expert witnesses to testify the product was defective and could cause damage. The end goal is to pursue damages against the manufacture of the product, so that you can get the restitution you deserve.

A product liability attorney will hold the manufacturer accountable. Manufacturers may try to shift responsibility to the consumer. Defense attorneys for manufacturers of products will try to show the consumer was negligent in their use and handling of the product. An experienced lawyer to represent the consumer, however, will know what it takes to counter such claims.

NOTE: Dallas Horton, a top Las Vegas personal injury attorney, suggests that if you have been injured by a defective product, do not try to repair the product. It must be in the same condition as when it caused damage or injury for the best chance to prove your case.

Working Outside? How to Stay Safe in the Summer Heat

If you’re doing any work outside, the summer heat in Las Vegas, Nevada, can be devastating. Temperatures can reach the high double digits, which is high enough to cause sunstroke, sunburn and heat exhaustion. Staying safe in summer heat is essential, whether you’re working as part of your job or as part of home renovations. Here’s how you can stay safe while working outside in the summer heat:

1) Avoid the hottest parts of the day if you can.

Check the weather forecast to be sure, but in general, most areas will be hottest during the hours between 10 am and 3 pm. During this time, the sun will be at its peak and UV rays will be highest. If you have an option, work earlier in the day or later in the day, when the sun is lower in the sky.

2) Dress for success.

Wear light-colored, thin fabrics that allow your skin to breathe. Wear clothing that allows for easy mobility and keeps you cool. Even though long sleeves may not seem very appealing, a thin shirt with long sleeves can offer you added protection from the sun. Wear a hat, too, as well as sunglasses, to protect you from the sun.

3) Stay hydrated.

Bring plenty of water or a sports drink and drink frequently throughout the day. If you’re working outside in the sun, you may become dehydrated very easily, and this can exacerbate symptoms of stroke and exhaustion. Sip frequently throughout your work day to stay hydrated.

4) Try to work in the shade.

The shade will protect you from the sun, as well as from the sun’s glare and UV rays. Even if you can only work in the shade part of the time, try to do so.

5) Take frequent breaks.

Outdoor work in summer heat is especially dangerous if you overdo it. Working in the summer and in the sun is more dangerous, potentially, than working on a cloudy day or on a cooler day. You will get overworked more easily. Try to shorten your workday and head indoors when you can.

6) Use sunscreen.

Serious sunburns can cause your skin to peel painfully. They can also increase your risk of skin cancer. To prevent burns, wear a sunscreen with a high SPF. Use at least a shot glass or more to cover each part of your body and cover all exposed areas thoroughly. Reapply sunscreen often, especially if you’re working and sweating in the sun. Even waterproof formulas will rub off and wear off with time, so reapply regularly.

7) Be alert to the signs you are getting too much sun.

If you notice any of the following symptoms, you need to get out of the sun:

  • Dizziness
  • Confusion
  • Headache
  • Muscle cramps or weakness
  • Dry, hot and red skin
  • Rapid breathing and heartbeat
  • Seizures and unconsciousness
  • Parched, dry mouth
  • Pain behind the eyes
  • Lack of sweating

Retreat inside and get immediate medical attention. These may be signs of sunstroke or heat stroke.

Of course, if you’re trying to complete a project at home, it may be relatively easy for you to get inside and into the shade. But what happens if you’re out working and your employer insists on you staying outside until you’re at risk? You may have a workers’ compensation claim or a personal injury claim in Las Vegas or Nevada if your employer’s actions have led to an injury from the sun.

To find out what options you have, contact Dallas Horton & Associates after your injury. Our attorneys have more than 70 years of combined experience helping Nevada plaintiffs get justice. We’d be pleased to meet with you in a consultation.

photo credit via photopin (license)

When the Fun Ends: Avoiding Injuries at Amusement Parks

Amusement parks are designed to ensure everyone has lots of fun and a great time, but unfortunately, in Las Vegas and Nevada, serious injuries at amusement parks occur every year.

Sadly, these types of injuries can especially affect younger children and teenagers, who are frequent visitors to amusement parks.

There are lots of ways injuries at amusement parks can happen:

  • Parking lot accidents can occur when visitors are inpatient in the parking areas.
  • Slip and fall or trip and fall injuries can occur due to spills or uneven sidewalks.
  • Injuries on rides can occur if rides are defective or improperly run.
  • Foodborne illness can occur if hygiene isn’t properly maintained in food court areas.
  • Assault, battery and other crimes can occur if amusement parks do not maintain proper security.
  • Heat stroke and heat exhaustion can happen at amusement parks that don’t provide adequate shelters and places for people to rest.

These are only some of the more common injuries suffered at amusement parks each year. In addition, many other amusement park injuries can occur. If you have suffered any type of injury while visiting an amusement park, you’ll want to contact a personal injury attorney in Las Vegas or Nevada to talk about whether you have a legal claim.

I’ve been injured at an amusement park. Should I file a legal claim?

If you’ve been injured at an amusement park, you can choose to seek a legal claim or you can choose to walk away. Before you make that choice, however, keep in mind that the cost of your injuries can be substantial.

For example, if you have broken an arm because of a slip and fall accident while visiting an amusement park, you may lose weeks of work. You may not be bringing in much income during this time. In addition, the process of going to the emergency room, getting a cast, sitting for x-rays and getting follow-up treatment for your broken arm can easily end up costing thousands of dollars or more. If you have suffered a serious injury, such as a permanent head injury, your costs will be much higher and you will face these higher costs for the rest of your life.

Seeking a legal claim is important because it gets you compensation so you can pay for all of the costs of your injuries — including the cost of lost wages and medical bills. In addition, legal claims send a strong message to amusement parks that they need to take proper care to provide a safe environment for children and other visitors.

Who is liable in my claim?

In order to file a lawsuit after an amusement park injury, you need to be able to show damages. That is, you need to be able to show you were injured as a result of negligence and that your injuries caused pain and suffering, medical bills, lost wages and other losses. In addition, there must be a liable party. This means there must be someone who is responsible for the injuries. This can be the owner of the park, for example.

Determining the liable party isn’t always simple, though. For example, if you are injured in a pedestrian accident in the amusement park parking lot, how can you be sure who was at fault? Was it the other driver? If it was, you will need to pursue their car insurance company. Was it the park themselves for not providing adequate signage or safe parking areas? If it was, you will want to file against the amusement park for their negligence.

Working out who is liable in your claim, and who you should pursue, can be complex. If you’d like to speak to a professional attorney about the situation in Las Vegas or anywhere in Nevada, contact Dallas Horton & Associates. Our legal team would be pleased to meet with you to help you get one-on-one advice about your situation.


photo credit
via photopin (license)

New Years Safety Tips from A Las Vegas Personal Injury Lawyer

New Year's Safety Tips From G. Dallas Horton main image
New Year’s Safety Tips From G. Dallas Horton

Deaths from alchohol-related crashes are nearly 150% on New Year’s Eve than on other days of the year. The AAA is reporting that nine out of ten drivers view drunk drivers as a significant risk to their safety on New Years.

As a personal injury attorney in Las Vegas, I see a lot of cases that come across my desk as a result of poor decisions. It grieves me to see so many lives ruined because of some poor decisions mixed with Jack Daniels. I don’t really want to have to defend you in court after the holiday. And, trust me, you don’t want me coming after you for my client.

 

 

 

Here’s a few things you can do this holiday to stay safe and make smart decisions:

  • Pick a designated driver. Seriously. This seems elementary. You’ve heard it since high school. But do it. There’s no excuse to leave unprepared.
  • Don’t hold onto your own keys. If you don’t have a designated driver, give your keys to someone else so you won’t be tempted to get into your car after a night of drinking.
  • Make plans. We all remember the old adage “If you fail to plan, you plan to fail.” If you plan on partying hard/late, make reservations at a hotel near where you’ll be. Pack an overnight bag. Heck, even bring a blanket to sleep in the backseat until you’re sober and alert enough to drive home.
  • Be smart. Another drink won’t sober you up. Coffee won’t sober you up. A banana won’t sober you up. Only time can get you back to thinking straight. Typically an hour for every drink. A full hour.

Dallas Horton is one of the top personal injury attorneys in Las Vegas, Nevada. He specializes in personal injury, accidents, and wrongful death cases. He has been practicing law for over 15 years and has won millions of dollars in settlements for his clients. For more information or to contact Dallas Horton & Associates, visit his website at GDallasHorton.com or connect with him on Twitter (@gdallashorton) or Facebook (/gdallashorton). Any information contained herein does not constitute and should not be assumed to be legal advice. The contents of this post are the personal opinions of Dallas Horton and should not be assumed to be legal counsel.

Las Vegas Bicycle Safety Tips

Staying safe on the roads is just as important for bicyclists as it is for drivers. In the United States, the National Highway Traffic Safety Administration has reported that 2 percent of all 2009 traffic accidents involved a bicycle, and over 51,000 bicyclists were injured in 2010. That is a staggering increase in bicycle injuries, up sharply from 43,000 in 2007.

Check out these surprising statistics on bicycle safety over the past couple of years:

  • About 85 million American adults ride a bike at least occasionally.
  • Head injuries account for 60 percent of cycling fatalities.
  • Properly fitted helmets reduce the risk of head injuries by 74-85 percent.
  • In Pennsylvania, children ages 5 to 14 years old are the most at risk of death and injury from a bike accident or bike crash.
  • 1 in 8 of the cyclists with reported injuries has a traumatic brain injury. Two-thirds of bicycle accident deaths are from traumatic brain injuries.
  • Bicycle crashes and injuries are under-reported, because the majority of bike accident injuries are not serious enough for emergency room visits.

Use these helpful tips to prevent a bicyclist accident in Las Vegas.

Tips for the driver

  • Look for oncoming cyclists when making turns.
  • Look for oncoming cyclists when opening your door toward the street.
  • Don’t honk your horn at bicyclists if you don’t really need too—this can startle the bicyclist, causing a sudden movement
  • Do not follow a bicyclist too closely. Give them plenty of room ahead.
  • Be aware of bicyclists turning in any lane.

Tips for the bicyclist

  • Invest in common sense gear like a bike headlight, reflective badges, and a horn or bell.
  • Slow down if you think a driver can’t see you. This is especially important for dusk or evening travel and can help prevent car accidents.
  • Avoid traveling at night, if you can.
  • Do not ride on the sidewalk. Consider using the bike lane; this is the safest area to travel using a bike.
  • Ride on the right side of the road, with the flow of traffic, not against it.

If you find yourself in a situation in which you were injured by a motorist while on a bicycle, you deserve to be represented by the top personal injury lawyer in Las Vegas. Call the office of Dallas Horton and Associates at 702.380.3100 to schedule a free consultation.

Dallas Horton is one of the top personal injury attorneys in Las Vegas, Nevada. He specializes in personal injury, accidents, and wrongful death cases. He has been practicing law for over 15 years and has won millions of dollars in settlements for his clients. For more information or to contact Dallas Horton & Associates, visit his website at GDallasHorton.com or connect with him on Twitter (@gdallashorton) or Facebook (/gdallashorton). Any information contained herein does not constitute and should not be assumed to be legal advice. The contents of this post are the personal opinions of Dallas Horton and should not be assumed to be legal counsel.

How to Have Fun but Stay Safe This NYE in Las Vegas

We all know drinking and driving is a bad idea. We all would agree there should be tougher penalties for drunk drivers who kill innocent citizens. We all feel strongly that drunk driving is a terrible thing. At least, we all agree when we’re sober. Put a few drinks in someone and their opinion can change very quickly.

Not only is drunk driving irresponsible and dangerous, it can be expensive and embarrassing. A DUI ticket is an expensive thing. The training you take to get it expunged from your record is expensive. Handcuffs aren’t a flattering accessory to your cutest New Year’s Eve dress.

To keep you and your friends safe on the roads this NYE, here’s a list of a few resources to take advantage of if you get partying harder than you thought you would:

  • The Designated Drivers Foundation will offer free, safe rides home for adult consumers (21+) from 8 p.m. Friday, Dec. 30 through noon, Sunday, Jan. 1. Put their number in your phone: (702)-456-RIDE.
  • The Las Vegas monorail will be offering discounted rides to locals. $1 will get you a ticket to any of their 7 stops (MGM Grand, Bally’s/Paris Las Vegas, Flaming/Caesars Palace, Harrah’s/Imperial Palace, Las Vegas Convention Center, Las Vegas Hilton and Sahara Avenue). Check out their website for more information.

Oh, and here’s the number to call if you see a drunk driver: 911.

Stay safe out there. I really don’t want to have to defend you in court because of a stupid action that Jack Daniels made you do. And you definitely don’t want me coming after you for my client, do you?

Dallas Horton is one of the top personal injury attorneys in Las Vegas, Nevada. He specializes in personal injury, accidents, and wrongful death cases. He has been practicing law for over 15 years and has won millions of dollars in settlements for his clients. For more information or to contact Dallas Horton & Associates, visit his website at GDallasHorton.com or connect with him on Twitter (@gdallashorton) or Facebook (/gdallashorton). Any information contained herein does not constitute and should not be assumed to be legal advice. The contents of this post are the personal opinions of Dallas Horton and should not be assumed to be legal counsel.

Fireworks Safety Tips for Las Vegas Residents

This 4th of July we all will no doubt have fun on the agenda, however, there are some key safety tips that we should also keep in mind this holiday season. In order to prevent accidents this 4th of July holiday, here are some safety tips for you, your friends, and family. To insure a happy and safe holiday season, be sure to have fun responsibly!
  • Never allow young children to play with or ignite fireworks.
  • Avoid buying fireworks that are packaged in brown paper because this is often a sign that the fireworks were made for professional displays and that they could pose a danger to consumers.
  • Always have an adult supervise fireworks activities. Parents don’t realize that young children suffer injuries from sparklers. Sparklers burn at temperatures of about 2,000 degrees – hot enough to melt some metals.
  • Never place any part of your body directly over a fireworks device when lighting the fuse. Back up to a safe distance immediately after lighting fireworks.
  • Never try to re-light or pick up fireworks that have not ignited fully.
  • Never point or throw fireworks at another person.
  • Keep a bucket of water or a garden hose handy in case of fire or other mishap.
  • Light fireworks one at a time, then move back quickly.
  • Never carry fireworks in a pocket or shoot them off in metal or glass containers.
  • After fireworks complete their burning, douse the spent device with plenty of water from a bucket or hose before discarding it to prevent a trash fire.
  • Make sure fireworks are legal in your area before buying or using them.

via http://www.cpsc.gov/safety-education/safety-education-centers/fireworks/

Tips to Keep Your Teen Safe Behind the Wheel

For teens, a driver’s license is a passport to freedom. For their parents, a teen’s driver’s license can be nerve-racking. All parents worry about their teens’ safety on the road, and statistics show they have reason to worry. Teens have the highest auto accident rate of any group of drivers, and car accidents are the leading cause of death for young people between 15 and 20 years of age.

Household Rules for Teen Drivers

According to the National Highway Traffic Safety Administration (NHTSA), it’s important for parents to create rules for teen drivers. Household rules start where federal and state driving rules leave off. While for adults, road safety rules may be adequate, teens need additional limits. The NHTSA recommends five rules as part of a parent and teen driving agreement to keep your teen safe:

1) A cell phone ban.

Distracted driving is a major cause of car accidents in Nevada. For teens who are still learning the rules of the road and still working on their driving skills, distraction can be especially deadly. Make sure your teens don’t use mobile devices while driving. You may want to consider banning all mobile phone use entirely, including hands-free devices. Some studies have suggested that even hands-free devices can serve as a distraction behind the wheel.

2) Passenger rules.

Studies have shown that teens with passengers in the car are more likely to be involved in a crash — when those passengers are other teens. You might want to create a rule so your teen doesn’t drive their friends around in their car. Doing so is simply a risk. Studies have shown that driving with an adult in the car, though, can actually encourage teens to drive more safely, so your passenger rules might not extend to adult friends and family.

3) A speeding ban.

Speeding increases the risk your teen will be in a car accident. It also increases the risk of a serious or fatal car accident. Your teen may simply not have time for maneuvers to avoid a crash if they’re driving too fast. Speeding increases the likelihood of intersection and single vehicle accidents as well as other types of crashes.

4) An alcohol ban.

Although most parents don’t like to think their teens are involved in underage drinking, statistics suggest three-fourths of teens will at least try alcohol before they graduate from high school, and one in ten high school students drink and drive. One way to prevent drinking and driving is to encourage your teen to call you, a friend or a family member if they need a sober ride home. Make sure your teens know they won’t get in trouble by calling you if they have been drinking and need to get home safely.

5) Seatbelt rules.

Buckling up is one of the simplest and most effective ways to prevent serious injuries. In a car accident, a seat belt keeps your teen in the car and keeps them from being tossed from the vehicle. Make sure your teen understands they should buckle up every time they step in the car — even on short trips.

To promote teen driving safety, you might want to not only create a new driver deal, but get it in writing, too. Talk to your teen about consequences and punishments if they disobey the rules.

Even if your teen is a responsible driver, not all drivers on Las Vegas and Nevada roads are safe. If you or your teen is involved in a car accident, the caring and professional personal injury attorneys at Dallas Horton & Associates are available for a consultation. Simply contact our law offices to speak to one of our attorneys. Our law firm specializes in personal injury cases, and we have already worked with more than 7000 plaintiffs in the Nevada area.

Scroll to Top