Personal Injury Law by Tom Murphrey Law

Personal Injury Law by Tom Murphrey Law

Your personal injury attorney should focus on the 3 major aspects of your claim: liability, damages, and resources for recovery. Liability is established by proving the injury was caused by the negligence or misconduct of another person or corporation. We do this by interviewing witnesses, reconstructing accidents, obtaining surveillance videos, and investigative procedures. “Damages” is a legal term for compensable losses — which will usually include compensation for emotional stress, pain, suffering, loss of enjoyment of life, loss of income, medical bills (past and future), and litigation costs.

 

In addition, the law of Nevada allows an injured victim to recover punitive damages and exemplary damages in certain cases. For example, when an insurance company refuses to deal fairly with its own insured, the Court may require the insurance company to pay significant amounts of money to punish and deter the “bad faith”. In addition, “exemplary” damages may be awarded for the purpose of making an example of the defendant in the eyes of the community. Punitive and exemplary damages are also available against motor vehicle operators who cause an accident while intoxicated. It is not necessary that the driver be “legally drunk”. The statute requires only that the driver was operating the vehicle while under the influence of alcohol or drugs. This is the legal standard for civil damages, in contrast to the standard for criminal conviction and incarceration, which is a blood alcohol level of .08 or higher. Punitive damages are also appropriate when a corporation disregards known safety procedures and places the public in danger.

 

“Resources for recovery” refers to insurance coverage and assets which can be used to compensate the injured victim. In some cases, the wrongdoer has no assets, no insurance and no income. This is why we urge clients to carry uninsured motorist coverage in their insurance policies. Otherwise, you may be victimized by an irresponsible person who is judgment proof.

 

Services

Personal Injury

Premises Liability

Vehicular Accidents

Wrongful Death

Client Centered

"My first attorney dropped my case because the insurance company called it a low impact collision. Then I hired Mr. Murphrey--he took my case to mediation and obtained a large settlement for me."

 

-J.T.