BY MANAGING ATTORNEY
DANIELA MADRID HADGES

PERSONAL INJURY: STEPS YOU SHOULD TAKE AFTER AN ACCIDENT.

1. DON’T ADMIT FAULT. Fault is determined by law and is, therefore, a legal conclusion. Do not admit fault. Instead, simply describe what happened to officers at the scene.

2. TALK TO NO ONE ELSE. Do not talk to anyone about your accident except your attorney and police at the scene. You should always require identification so that you are sure who you are talking to. Don't even talk to your own insurance company or to any lawyers hired by your own insurance company. Do not provide a recorded statement without first consulting with your attorney. DO NOT SIGN ANYTHING WITHOUT CONSULTING YOUR ATTORNEY.

3. EXCHANGE INFORMATION. Obtain information from everyone involved in the accident including: 1. insurance card information, 2. driver’s license, 3. vehicle registration, 4. vehicle plates, 5. vehicle description, and 6. passenger names.

4. PHOTOGRAPHS. If it is safe to do so, take photographs of the vehicles before they are moved. Take photographs of the accident scene from a safe place and photographs of the vehicle involved. Take photographs of any property damaged inside of your vehicle such as broken phone or glasses. Also take photographs of any injuries immediately visible and take more photographs of your injuries a few days later when bruises are more apparent.

5. WITNESSES. Obtain contact information for any witnesses at the scene.

6. MEDICAL TREATMENT. Seek medical treatment as soon as possible. Do not minimize your pain.

7. HOSPITAL AND DOCTOR BILLS. If you have medical insurance, request that the hospital bill your medical insurance and do not provide any accident insurance information. Per Nevada law, you have a right to use your medical insurance in the event of an accident.

8. SOCIAL MEDIA. Insurance companies hire investigators to look up all your social media accounts and go through everything you post including images you’ve been tagged in and comments you make since your accident. They will use this information against you. DO NOT POST ANYTHING ON SOCIAL MEDIA THAT WOULD CONTRADICT OR CALL INTO QUESTION YOUR STATEMENT OF INJURIES.

9. WAGES AND EARNINGS LOST. Keep an accurate record of all days lost from work because of your injuries.

10. CAR REPAIR. Do not have your automobile repaired until the insurance companies involved have had an opportunity to inspect your vehicle.

11. CALL OUR OFFICE RIGHT AWAY. Accidents are stressful enough, let our office guide you through the process. We will ensure that you receive proper medical treatment and will ensure you are fully compensated for your injuries.

Protect yourself and always Lawyer Up!

DRIVING UNDER THE INFLUENCE: KNOW YOUR RIGHTS.

If you are stopped by an officer for suspicion of driving under the influence, the officer will have you step out of your vehicle and will ask you to perform field sobriety tests. We have all seen or heard of them; touch your nose, walk in a straight line, stand on one foot, etc..

What the officer doesn’t tell you and most people do not know is that those tests are optional. You can respectfully decline to take them. These “tests” are subjective and are designed so that you will fail. Even a person that is not intoxicated can have trouble successfully completing field sobriety tests.

You also do not have to provide any information other than identifying yourself. The officer can still place you under arrest based on other factors that lead him or her to believe that you were driving under the influence of alcohol or drugs.

If you are arrested, the officer will then ask for your consent to perform either a breath or blood test to determine if you are in fact under the influence. You do not have to consent to a breath or blood test. Refusing to consent will force the officer to obtain a warrant before he or she can perform any test. During that process, the officer has to inform a judge or magistrate of the basis for probable cause. In other words, the officer will have to explain and provide details as to why the officer believes you were driving under the influence.

An attorneys responsibility is to inform you of your rights. However, this is not intended as a way to help anyone get away with driving under the influence. Many innocent people die as a result of intoxicated drivers.

With that being said, drink responsibly and always Lawyer Up!

BUSINESS LAW: TRADEMARKS VERSUS SERVICE MARKS.

Most people have heard of trademarks but are unfamiliar with service marks.

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others.

A service mark is word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods.

The difference is whether you are selling a product versus providing a service.

In order for a mark to be approved for federal registration by the USPTO, there are a few elements that must be met. Two elements that are looked at are whether the mark is being “used in commerce” and the “likelihood of confusion.”

The likelihood of confusion takes into account whether there are any marks sufficiently similar to yours which would cause a consumer to be confused as to the source of the goods or service. Note that the marks do not have to be identical for that standard to be met, all that would need to be proven is that the marks are similar enough to cause confusion. Because a trademark/service mark infringement case can be very costly, the goal is to avoid it.

It is important to have a trademark attorney evaluate your mark before filing your application, as application fees are non refundable even if your application is denied.

Protect your brand and always Lawyer Up!

REAL ESTATE: SELLERS MARKET VERSUS BUYERS MARKET.

One of the questions most frequently asked in the real estate market is whether it’s a sellers market or buyers market.

While everyone predicted that the housing market would have crashed by now due to the pandemic, property prices have been steadily on an incline and higher than last year. That makes it a sellers market.

However, rents have also been at an all time high. Therefore, it does make sense to buy at this time as well. Money you pay in rent is never returned to you. With a house you are paying towards a mortgage and creating equity that you can take out through a sale in the future or an equity line of credit.

When purchasing your dream home, always Lawyer Up!

This blog does not provide, and should not be construed as providing, legal advice. Consequently, no attorney client relationship is formed. For legal assistance, please contact our offices.