Air Bags Kill

Air bags have a tendency to be rather controversial because although they do save lives, they also may take them.

In conversations with a Las Vegas personal injury lawyer about air bags, it came to light that even though the bags have saved a great many lives, air bag failures have severely injured or killed people. Defective air bags are a concern in the auto industry as a whole, but more so to the legal community who have seen firsthand how lethal these devices may be to drivers.

Many people think that air bags only deploy in a high speed crash. The facts are that they also deploy as a result of low speed collisions. Unfortunately, in cases like that, the driver may be killed by the air bag when they may have survived the actual crash if it hadn’t been for the bag. Conversely, there have been cases where the air bag didn’t deploy.

In checking with the National Highway Traffic Safety Administration for accident statistics involving air bag fatalities, it was discovered that in a five year span from 2001 to 2006 that approximately 1,400 people died in head on collisions where the air bag didn’t deploy. If deaths due to failed air bags from side impact crashes were included, along with left and right fender impacts and rollovers or ejections, the death toll would reach over 4,000. What concerns Las Vegas personal injury lawyers is that the death toll in collisions where air bags never came out has risen by about 50 percent and the numbers are still on the rise. The ramifications for auto manufacturers concerning product liability are enormous.

Never underestimate the power of an air bag that explodes into a vehicle at speeds of up to 200 mph. Some manufacturers offer a “one size fits all” kind of air bag that aggressively pummels small children and small stature adults. These bags may cause various traumas that include face burns and bruising, head, neck and spinal trauma, decapitation, traumatic brain injury, blindness and permanent disfigurement. Thankfully newer air bags that deploy in stages may reduce these types of injuries and deaths.

Manufacturers also need to do something about crash sensors that trigger the bag in collisions where a vehicle is only going up to 15 mph. Add to this list of defects the fact that crash sensors have been known to delay the trigger signal, which means the air bag inflates too late after the crash or for no reason at all. In a nutshell, air bags that don’t work the way they’re supposed to work are highly dangerous, causing needless injuries and deaths.

A highly skilled Las Vegas personal injury lawyer is able to assist Nevada clients on the road to justice if they have been a victim of a defective air bag.

To learn more about Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Nevada Med Mal Suit Within One Year

If you’ve been a victim of medical malpractice (med mal) and live in Nevada, you only have one year to file a lawsuit.

At one time the statute of limitation in Nevada for medical malpractice suits was two years. That isn’t the case today, and if you don’t file within the year, your right to file a case expires. The change from two years to one year took place in 2004. So what happens now is that the statute runs from the time the med mal is “discovered or should have been discovered.” If you have any questions about this, contact a qualified Las Vegas personal injury lawyer.

Having said that, there is an outer limit to the new Nevada law which mandates that any medical malpractice lawsuit must be filed within three years from the date it happened without regard to when it was discovered. Somewhat confusing to say the least, so you should consult with a skilled Las Vegas personal injury lawyer to find out the precise limitations that apply to your potential case.

It should be noted that for a casualty of med mal to figure out they have been a victim of a healthcare professional’s negligence and then immediately consult with a lawyer to file a lawsuit within a year is a bit of a stretch. The logistics of putting together this kind of a case are staggering and include, among other things, the necessity of finding an “expert” witness in the same field as the physician who committed malpractice. This doesn’t happen overnight as any Las Vegas personal injury lawyer will tell you.

The said expert must also provide a written affidavit for the complaint stating their opinion that malpractice did happen. This isn’t just something dashed off on a moment’s notice and involves an exhaustive search of patient medical records. Most of these records are not that easy to come by as they usually have to be rounded up from multiple medical care providers. The services of a medical “expert” don’t come cheaply either. All this takes time and with the changes in the statute of limitations, time is even more of the essence to build a solid medical malpractice lawsuit.

Thankfully more and more medical expert witnesses are starting to come forward and discuss medical malpractice. At one time it was hidden behind a wall of silence where doctors did not talk about their own. Attitudes have changed and many physicians are now of the opinion that the medical community needs to be self policed and cleaned up.

Doctors who have no business practicing medicine are being weeded out in order to protect the injured and avoid future victims. If you have been the victim of medical malpractice, immediately consult a Las Vegas personal injury lawyer to discuss your potential case. Do not delay, as time is very critical in cases like this.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.

Nevada Asset Protection Trusts

Do revocable living trusts provide asset protection? In two words: “Not usually.”

There are a great number of people who seem to think that revocable living trusts provide them some sort of asset protection. This couldn’t be further from the truth. What is the reason for that state of affairs? The main reason a revocable living trust doesn’t provide asset protection is because it is a self-settled trust, meaning you still control the assets in the trust. If you still have the control over any assets in the trust and have creditors, they may make claims against the trust while you are alive or after you have died.

Having said that, there are some exceptions where this type of a living trust may provide asset protection. That would only be applicable to trusts formed under the Domestic Asset Protection Trust which is enacted in three states, Nevada being one of them. In Nevada they are referred to as Nevada Trusts or self-settled spendthrift trusts. Basically what the Nevada Trust does is allows you to form a trust for your own benefit and then protect it from creditors.

Now this sounds good on the surface, but you need to look a little deeper and consult with an expert attorney about these Nevada Trusts. One thing you should be aware of if you live in Nevada and choose to set up such a trust is that these laws are very new and haven’t been tested. This means that ultimately they have the potential to be very risky. It’s a given that there would be many questions if a Trust trustee is sued in another state about a creditor’s ability to attach assets in Nevada Trusts. If this does happen, the law may be overturned. This is one of the main reasons you would want to talk this over with a highly qualified Las Vegas attorney.

Just to clear up some possible confusion over how a Nevada trustee could be sued in another state; this may happen if they live outside of Nevada. That would mean they may be sued in whatever state they are in. It may also be the case that assets are in another state, meaning a lawsuit could take place in that state. If a suit was filed in another state, the courts would be hard pressed to apply the Trust laws of the state in which it was created. For example, if the trust was formed in Nevada but the assets are in Florida and a suit is filed there, Florida law may apply and the assets won’t be protected.

This situation has the potential to get even more complicated if a lawsuit is in Federal court and the creditor is in a different state. And, there’s more, the Asset Protection Trust is specifically designed to delay creditors. This brings amendments to the Bankruptcy Code into the picture which invalidates self-settled trusts created within ten years of filing for bankruptcy.

There are a variety of permutations and combinations for the creation of trusts that do work, but you really need to speak to an attorney to know which ones would work in your case. You may need an irrevocable living trust, an offshore trust, or put your assets into a corporation. The only way to know what option to choose is to discuss this with a lawyer who understands what would work best in your circumstances.

Bradley J. Hofland is with Las Vegas Divorce law firm, Hofland, Beasley & Galliher. The law firm focuses on Las Vegas family law, custody, and Las Vegas personal injury. To learn more about
Las Vegas divorce, Las Vegas personal injury, Las Vegas divorce lawyer, Las Vegas family law, Las Vegas family law attorneys, Las Vegas personal injury lawyer, visit Hoflandlaw.com.