A Reno Gazette-Journal study of state and federal accident data shows accident rates among Nevada's teen drivers are increasing, with a particular increase among the state's 17-year-old drivers. Fifteen-year-old drivers also showed high accident-rate increases.

The Gazette-Journal reported that this problem appears to be particularly bad in Washoe County, where the accident rate for teen drivers is well ahead of the rate for teen drivers in the rest of the state. The percentage of those accidents that are resulting in injuries is also climbing. In 2002 -- the last year for which complete records were available -- Washoe teen drivers' injury accident rate when they had teen passengers on board was nearly twice the statewide rate.

The number of passengers being injured in these accidents is increasing as well. The injury rate when the injured passenger is a teen jumped 20 percent from 2000 to 2002 and the injury rate when the passenger is either an adult or a child doubled between 1999 and 2002.

Five years ago, Washoe's teen drivers' accident rate was just 2 percent higher than everyone else's. But by 2002, more than 1 in 5 teen drivers in Washoe County were having driving mishaps. Their accident rate of 20.79 percent was more than 10 percent higher than the rest of the teens in the state.

Although that's discouraging, it was an improvement; in 2001 the accident rate for Washoe's teens was almost 18 percent higher than their counterparts elsewhere in Nevada.

The accident rate for 17-year-olds in Nevada is the highest of any age group in the state -- 10 percent higher than 16-year-old drivers and nearly three times the rate for 15-year-old drivers.

Seventeen-year-olds have the highest accident rates for all categories measured -- injury accidents, property-damage-only accidents and fatal accidents. The only good news: 17-year-olds' rate for DUI-related accidents was lower than all groups except 16-year-olds and was half the rate of the leaders -- 22-year-old drivers.

The Reno-Gazette Journal reports that while the rate at which driving under the influence of alcohol or drugs jumped 43 percent for 17-year-olds from 2000 to 2001, the rate declined in 2002, a trend that held true for all other teenage groups.

The Gazette-Journal's study found that the trend reverses itself as soon as drivers turn 20: The rate at which DUI contributes to accidents leaped 34 percent among 20-year-old drivers from 2001 to 2002 and 27 percent among 21-year-olds. These increases come after years of decline or only small increases.

The number of DUI-related accidents involving 20-year-olds also is climbing in Washoe County. The severity of those accidents also is climbing; the percentage of DUI-related mishaps that result in injuries jumped from 33 percent in 2001 to 52 percent the following year.

The newspaper's analysis also illustrates why insurance companies charge teen drivers more: Teen drivers are much more likely to have an accident than drivers in their 20s. Although the accident rate for 20-24 year-old drivers has remained steady at about 10 percent annually, the accident rate for teen drivers has climbed to almost twice that rate -- 18 percent in 2002.

Teen drivers are more likely to have passengers aboard when they have a fatal accident than older drivers, the newspaper analysis found.

The percentage of injury accidents when a teen driver has teen passengers is much higher in Washoe County than it is for the state as a whole. And the disparity is getting worse: Washoe's rate of 35 percent in 2002 was nearly twice the statewide rate of 18 percent.

Increasingly it is the passenger who is getting injured. Both the total number of injured passengers and the per-capita rate are climbing. The injury rate when the injured passenger is a teen jumped 20 percent from 2000 to 2002 and the injury rate when the passenger is either an adult or a child has doubled between 1999 and 2002.

My clients often want to know what sort of compensation they are legally entitled to claim after an accident.

Injuries from automobile accidents often have catastrophic consequences. Serious injuries can be disabling, and may affect not only the injured person but his or her family members as well. Even relatively minor injuries that necessitate lost time from work and medical care can have a great impact on a family.

In Nevada, a wrongfully injured person, and, in certain cases, his or her family members, may be entitled to compensation for injuries incurred in automobile, truck, motorcycle and pedestrian accidents.

Claimed compensation may include::

-Medical expenses already incurred
-Medical expenses to be incurred in the future
-Physical pain
-Mental suffering
-Loss of, or destruction to, property
-Loss of enjoyment of life
-Permanent physical disability
-Lost wages

If the person ("tortfeasor") who caused the accident has insufficient insurance, or is not insured at all, a victim is entitled to compensation from his own insurance company if he has uninsured/underinsured coverage. In some situations there are other policies of insurance (policies of other family members, employers, etc.) that may provide benefits.

Experienced personal injury attorneys evaluate damages carefully and claim the full universe of legitimate potential damages on behalf of a client.

There are more than 75 statutes in Nevada that limit the manner in which a legal action may be brought. These are frequently known as "statutes of limitation" and often relate to the length of time that a party has to bring a claim under Nevada law. Claims that are not brought within applicable statutes of limitations may be subject to dismissal.

Nevada Revised Statute 11.190 governs statutes of limitation for a majority of legal actions brought within this state.

Those evaluating a claim to understand when it must be brought (generally the date by which the action must be filed in court) must be careful, however, since particular types of claims (medical malpractice, for instance) have statutes of limitations contained elsewhere in Nevada law.

NRS 11.190 provides:

NRS 11.190 Periods of limitation. Except as otherwise provided in NRS 125B.050 and 217.007, actions other than those for the recovery of real property, unless further limited by specific statute, may only be commenced as follows:

There are numerous types of courts in Nevada, but injury cases are generally handled in the Nevada district court system.

Generally speaking, there are two phases to most cases: 1) the settlement phase, and 2) the litigation phase.

The litigation phase of a case can be divided into three distinct stages: 1) the complaint and answer stage, 2) the discovery stage, and 3) the trial stage.

This is the first of a series of articles that pertain to the stages of litigation in Nevada district courts cases.

This article will discuss in broad terms the compaint and answer stage and future articles will deal with the discovery and trial stage.

Complaint and Answer Stage

Litigation starts when a complaint is filed. A complaint contains factual allegations against the other side and sets forth legal claims and a "prayer" for relief. Claims are made up of elements and a party must prove each and every element of a claim to prevail on that claim.

Different types of damages are available upon the proof of different claims. Exact damage amounts are not alleged in district court complaints; rather, general allegations usually allege an approximate damage amount.

Similarly, facts set forth in complaints do not need to be exhaustive. Nevada is a notice pleading jurisdiction, which means, basically, that complaints only need to contain enough information to give the other side notice of a party's claims.

Most defendants have 20 days to answer a complaint. An answer sets forth defenses (such as failure to adhere to the statute of limitations or failure to set forth the necessary elements of a claim) and may set forth counterclaims or claims against third parties.

Arbitration

In many parts of Nevada, complaints that reflect that the value of a case is under $40,000.00 must proceed through arbitration before a party is entitled to a bench or jury trial.

This is the first in a series of articles that deal with claims for sexual abuse under Nevada law.

Nevada has laws that protect victims of sexual molestation. Unfortunately, sexual molestation cases often arise in the home, in schools and colleges, at churches and in other environments in which one should be safe from such conduct.

Nevada recognizes that many individuals are molested when they are very young. In recent years a great deal of research has been done on the issue of repressed memory. Children and young adults may not remember being molested until late in their life. For this reason, Nevada statutes provide, at NRS 11.215, that young victims of sexual abuse have many years, under certain circumstances, to bring claims.

Nevada's "repressed memory" statute of limitations provides:

NRS 11.215 Â

1. Except as otherwise provided in NRS 217.007, an action to recover damages for an injury to a person arising from the sexual abuse of the plaintiff which occurred when the plaintiff was less than 18 years of age must be commenced within 10 years after the plaintiff:
(a) Reaches 18 years of age; or
(b) Discovers or reasonably should have discovered that his injury was caused by the sexual abuse, whichever occurs later.

2. As used in this section, "sexual abuse" has the meaning ascribed to it in NRS 432B.100.

Insurance Companies Often Act in Bad Faith

Nevada laws recognize that insurers owe special duties to their insureds and protections are set forth, both in Nevada statutes and in Nevada regulations, to protect insureds from their insurance companies. Nevada law allows for punitive damages to be awarded against an insurer that breaches certain obligations to its insured.

While numerous claims against an insurance company are possible in any given case, Nevada's "bad faith" claim (which is actually called a "breach of the implied covenant of good faith and fair dealing" claim) requires proof of
the following elements:

1. Plaintiff and defendant entered into a contract;
2. Defendant owed a duty of good faith to plaintiff arising from the contract;
3. There was a special element of reliance or a fiduciary duty between plaintiff and defendant where
defendant was in a superior or entrusted position;
4. Defendant breached duty of good faith by engaging in misconduct; and,
5. Plaintiff suffered damages as a result of the breach.

An insurance company acts in bad faith when it wrongfully denies coverage to an insured. An insurance policy is considered a contract between you and your insurance carrier. This contract requires that your insurer act in "good faith" toward you.

Insurers frequently attempt to deny claims for any reason they can. Also, even when an insurer acknowledges that a claim or lawsuit is covered by the insurance policy, it often attempts to underpay a claim. To prove bad faith, the insured needs to show that the insurer failed to honor the contract and had no cause not to pay what was due.

Insurers have a duty to deal fairly with insureds. Every insurance contract contains an unwritten covenant or promise of good faith imposed by law upon an insurer to always act fairly toward its insureds in handling their claims.

Examples Of Bad Faith

There are many examples of how an insurer can commit bad faith. These include: failing to promptly and thoroughly investigate a claim; unreasonably delaying payment; unreasonably denying benefits; using unreasonable interpretations in translating policy language; refusing to settle a claim or reimburse you for the entirety of your loss, etc.

Making Insurance Claims

Insureds should immediately notify their agents of claims and review their insurance policy as it relates to the claim. Document all events and all contacts and communications made, whether written or verbal, with the insurer. Keep track of the dates and times of communications and the identities of those with whom you spoke.

If you believe that your insurance company has acted in bad faith, contact an experienced attorney as early as possible.

If you've been injured, and there's a settlement offer from the other side on the table, you may be wondering whether to push forward through litigation or to settle. Every case is different and requires specific evaluation. In general, though, you should assess a variety of factors, including the following:

Case Size

How big is the case? Litigation can be very expensive and you, the injured party, ultimately foot the bill for costs. You should understand what your costs are at the time of the settlement offer and what your costs may be if litigation is pursued. Along the same lines, attorney's fees often go up as a case nears trial. What will your attorney's fees be if you continue? Determine costs and fees now and project costs and fees later. This will tell

you what you will need to gain by pursuing litigation. Injury cases are about economics; your goal should be maximizing your net recovery.

More Now Or More Later?

What likelihood is there that you will gain more if you wait until later to settle or go to trial? This is a question that no one can answer with certainty. This is the nature of our system and the uncertainty of the outcome of your case is based upon the fact that there are so many variables that go into any contested hearing.

Other Factors

Here are some other factors to consider in assessing whether to litigate or to settle:

-Stress. Will litigating your case through contested hearing create a great deal of stress for you? How much is it worth to forego the stress, preserve your health and resolve your case with certainty?

-Comparative negligence. Is there a possibility that you contributed in some manner to the situation which led to your injuries? In Nevada, you are barred from recovery if your own negligence exceeds the adverse party's negligence. Otherwise, your award may be reduced by that percentage of negligence attributable to you.

-Perception of reality. In our society, appearances and presentation count. The way a judge or jury perceives the litigants matters and could make a difference.

-Time. It takes time to get an arbitration or a trial done and any party can then appeal. The Nevada Supreme Court can take years to hear a case. How long are you willing to wait for your money?

-Principle. If you are determined to pursue your injury case on principle alone, you may be pursuing your case for the wrong reason. Civil injury cases can help to affect societal change, but more often than not injury victims are better served by focusing on the economics of a case and maximizing net recovery.

For more on comparative negligence, see my article titled What If You're At Fault Too? http://reno.injuryboard.com/automobile-accidents/what-if-youre-at-fault-too.aspx?googleid=200412

How much is your case worth?

The answer to this question has a ring of Zen to it. How much is your case worth? Your case is worth what you can get: that's how much it's worth.

So what can you get?

The answer depends on a variety of factors.

A good place to start out is a general understanding of the legal concept of damages. Simply put, there are different types of damages that correspond to a particular claim. For instance, punitive damages (or damages to punish rather than to compensate) are generally available only when a claim that entails intentional or malicious conduct is proved. Therefore, punitive damages are not available in negligence cases since negligence cases do not involve intentional conduct. Punitive damages are, however, available in fraud cases since fraud is a claim that necessitates a showing of intent.

So the value of a case depends on the type of damages available upon the proof of your claims and the actual amount of damages (for instance, the amount of your past and future medical bills). The difficulty of proving certain claims and the chance that the defense may be able to prevail with certain defenses, such as comparative negligence, must be factored into any analysis of how much a case is worth. An assessment of damages, though, is a useful first step toward an understanding "what you can get."

A useful second step is understanding and accepting that no person alive on the face of this planet can tell you exactly what you might get if your case proceeds to a contested hearing. In the end, you roll the dice. This is the nature of our system, and the uncertainty of the outcome of your case is based upon the fact that there are so many variables that go into any contested hearing. Is the case in arbitration? If so, who is the arbitrator? Is he biased toward the victims of injuries or is he someone who suspects that most victims are frauds out to cheat the system? Is the case before a judge? Who's the judge? What are his or her leanings when it comes to compensating injury victims? Is the case before a jury? Who's on the jury? Who are the attorneys? How will the parties, the attorneys and the jury interact?

It's impossible to know for certain the outcome of any given case. That's why it's important to work with counsel who understands the general value of a case and can assess, to the extent possible, the complex set of variables that go into a case.

There will be more about the subject of case value in future columns. Thanks for reading!

This is another in a series of articles that deal with the basic legal concepts that apply when you're in an automobile accident in Nevada.

Ever wonder whether it's necessary to show another driver your license after you're both in an accident? Some might think that this is a matter of courtesy. In fact, it's the law.

N.R.S. 484.223 requires that drivers who are involved in auto accidents cooperate with each other and with the police and provides:

484.223. Duty to give information and render aid

1. The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle or other property which is driven or attended by any person shall:

(a) Give his name, address and the registration number of the vehicle he is driving, and shall upon request and if available exhibit his license to operate a motor vehicle to any person injured in such accident or to the driver or occupant of or person attending any vehicle or other property damaged in such accident;

(b) Give such information and upon request manually surrender such license to any police officer at the scene of the accident or who is investigating the accident; and

(c) Render to any person injured in such accident reasonable assistance, including the carrying, or the making of arrangements for the carrying, of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary, or if such carrying is requested by the injured person.

2. If no police officer is present, the driver of any vehicle involved in such accident after fulfilling all other requirements of subsection 1 and NRS 484.219, insofar as possible on his part to be performed, shall forthwith report such accident to the nearest office of a police authority or of the Nevada highway patrol and submit thereto the information specified in subsection 1.

The statute thus requires not only that driver's cooperate with each other, but also that they render aid to one another in appropriate circumstances. There will be more on the legality of rendering aid in future columns.

To access this statute and others, you can view the Nevada Legislature's law library at http://leg.state.nv.us/law1.cfm