THE TIME IS ALWAYS RIGHT TO DO WHAT IS RIGHT.

 THE TIME IS ALWAYS RIGHT 

                TO DO WHAT IS RIGHT.

                                                             Martin Luther King, Jr. 

                                                              Oberlin College 1964

 

This is one of many of my favorite quotes the Martin Luther Kings and I think a great summary of his legacy in the law. Although my blogs generally regard topics that we help clients with every day, I feel that at the time of the Holiday of his birth, it is important to take this week to remember his words that ring so real over fifty years later. Perhaps the most significant of Martin Luther King, Jr.’s influences on American history were his remarks on the connection of the law and social justice.

Laws Can be a Block to Racial Justice

A large part of the civil rights movement was a battle against laws as they existed at the time. There were racially discriminatory laws in place that  allowed segregationists the grounds on which to attack civil rights activism. In fact, police in Southern states  arrested civil rights protesters which included, on several occasions, Martin Luther King himself for violating criminal code provisions. These laws included trespassing, disturbing the peace, marching without a permit, violating picketing laws, engaging in criminal defamation and criminal conspiracy. In fact, the NAACP was actually prosecuted in for refusing to disclose its membership rolls as was required by state law at the time. Not only was the law drastically against the Civil Rights movement at the time, but multiple  states in the south also brought actions against civil rights attorneys for legal ethics violations as retaliation and to instill fear in those attorneys willing to fight to change the law as it stood at that time. In addition to legal ethics complaints, the city of Montgomery, Alabama used minor traffic ordinance violations as a way to stop the carpools used during the Montgomery Bus Boycotts. The state of Alabama went as far as to prosecute Marin Luther King on charges of tax evasion.

The Can Be Applied Unfairly

Although Martin Luther King, Jr. was an advocate of peace and justice, it was necessary break laws that were in place at the time to effectuate social justice. In fact, even some laws that, upon their wording said nothing about race, were clearly being used against the civil right protesters. State leaders were segregationists who defied the implantation of the Supreme Court’s decision in  Brown  vs. Board of Education and other federal civil rights requirements. In his famous “Letter from Birmingham Jail” (found at the following link: 

https://www.csuchico.edu/iege/_assets/documents/susi-letter-from-birmingham-jail.pdf )

he confronted this question in 1963 , where he set apart  just and unjust laws. “A just law,” he wrote, “is a man-made code that squares with the moral law, or the law of God. An unjust law is a code that is out of harmony with the moral law.” Since segregation laws  fall in the latter category, “I can urge men to obey the 1954 decision of the Supreme Court because it is morally right, and I can urge them to disobey segregation ordinances because they are morally wrong.”

 

The Supreme Court can be Political 

Martin Luther King  addressed the more difficult situation where a  law that “is just on its face and unjust in its application.” It was this situation that resulted in his arrest and arrival at his Birmingham jail cell. He was arrested for “parading without a permit.” “Now, there is nothing wrong with an ordinance which requires a permit for a parade,” he explained, “but when the ordinance is used to preserve segregation and to deny citizens the First Amendment privilege of peaceful assembly and peaceful protest, then it becomes unjust.”

In this particular case, King was correct and supported in the court of public opinion and the constitution as we read it today, but he lost in the highest court of the nation. The Supreme Court of the United States heard the appeal of the conviction of civil rights protesters for violating a state court injunction ordering them to refrain from demonstrating, the Court ruled 5-4 against the civil rights protesters in Walker vs. City of Birmingham , 388 U.S. 307 (1967) https://www.oyez.org/cases/1966/249.  Although he had multiple victories in the Supreme Court, but this case was one of a few of exceptions. Justice Stewart, writing for the Court, reprimanded the protesters in Walker v. Birmingham: and stated: “This Court cannot hold that the petitioners were constitutionally free to ignore all the procedures of the law and carry their battle to the streets. One may sympathize with the petitioners’ impatient commitment to their cause. But respect for judicial process is a small price to pay for the civilizing hand of law, which alone can give abiding meaning to constitutional freedom.”  

The Continued Fight Against Unjust Enforcement of Laws

What strikes me in this is how the Supreme Court can sometimes ignore how the implementation of a law can violate the rights guaranteed by other laws. This is a practice that continues to plague our system of justice to this day. In fact, it is clear and apparent from the current Supreme Court and the recent very political appointments made to the Court. For King, enforcement of unjust laws and the courts that supported the practice  were hurdles in the cause of racial justice. These enforcement of law in an unjust manner continues in our justice system over fifty years later. In some recent decisions, the court has made controversial rulings in some of the most politically and socially charged areas of the law. Here are a few examples:

City of Tahlequah, Oklahoma v. Bond (Per Curiam Opinion on October 18, 2021)

In this case, the Court summarily (without argument) reversed the Tenth Circuit Court of Appeals. The Supreme Court held that the conduct by the police officers did not violate any clearly established violation of statutory or constitutional rights, and thus, they are entitled to qualified immunity

United States v. Cooley, (9-0 Opinion by Justice Breyer on June 1, 2021. Justice Alito filed a concurring opinion.)

In this case, the Court vacated and remanded the decision of the Court of Appeals for the Ninth Circuit. The Court ruled that a tribal police officer has authority to detain temporarily and to search a non-Indian traveling on a public right-of-way running through a reservation for potential violations of state or federal law.

Nasrallah v. Barr, (7-2 Opinion by Justice Kavanaugh, joined by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor, Kagan and Gorsuch on June 1, 2020. Justice Thomas, joined by Justice Alito, filed a dissenting opinion.)

In this case, The Court reversed the Eleventh Circuit Court of Appeals. The Court held that courts can review an immigrant’s factual challenge to a denial of their application to stay conviction-based deportation under the Convention Against Torture.

For a full up to date list of recent decision by the Supreme Court Refer to the ABA website: https://www.americanbar.org/groups/criminal_justice/resources/case_updates/   

WHY I AM GRATEFULL 2022:  I am grateful for this hot and delicious latte from the fancy Keurig  that my son talked me into buying on this quiet and peaceful Sunday morning as I write this blog and reflect on this amazing human being who changed our county so profoundly. Thank you, Dr. King, for your passion, your determination and your brilliance. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful. 

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

INJURIES AT WALMART

If you or a loved one has been injured at a Walmart store, whether at the Supercenters or the grocery stores, call or text our experienced team at TheOneLawyer.com for your personal injury claim against Walmart. This blog  is about personal injury lawsuits against Walmart stores. I will examine past settlement compensation payouts in Walmart personal  injury cases and the process you will go through when you have been injured at a Walmart store. 

Walmart was the world’s largest company  with  retail revenues reaching 523.96 billion U.S. in 2019. ( https://www.statista.com/statistics/266595/leading-retailers-worldwide-based-on-revenue/)   As the  largest non-governmental employer, It is not surprising that it is the most frequently sued private personal injury claim defendant in the United States. Walmart gets sued approximately 20 times a day, which is nearly 5,000 lawsuits filed every year against Walmart. Although many of these are suits brought by employees for various employment discrimination and wage and hour claims, many are also for personal injuries sustained by customers. 

CAN I SUE WALMART IF I AM INJURED AT A STORE OR BY A WORKING DRIVER

The answer to this question is yes but you need to be prepared and collect the correct evidence. It is best to obtain a lawyer from the very beginning. Walmart will not be on your side and will not make extensive efforts to preserve all evidence. Your best path is to hire the best lawyer that you can. Walmart is a large company and there are some aspects about suing Walmart and litigating with this company in court that are different from dealing with other defendants. It has been my  experience that Walmart handles injury claims in an aggressive manner. Let’s face it, almost all of us have shopped at a Walmart store. Just the sheer numbers of customers and number of stores makes it clear that accidents will happened and in larger numbers compared to most other retailers.

TheOneLawyer.com has the experienced and compassionate attorneys you need to help you get the treatment you need for your personal injuries and fight the giant of Walmart for the compensation you deserve. Our law firm handles severe injury and wrongful death personal injury cases against Walmart and has been successful in obtaining substantial compensation for our client. Like many companies, Walmart often demands that such settlements be confidential and therefore cannot be shared. However, a jury verdict is a public record, and his article is about personal injury aka tort claims against Walmart the dollar value of those claims. The most common claims are slip and fall or other premises liability cases, truck accidents, falling objects,  negligent security, or pharmacy mistake cases.

The following  are summaries of some winning jury verdicts. Please note that as mentioned, these do not include settlements as any large  settlement against Walmart will have a strict confidentiality clause include with the settlement. 

  • West Virginia February 2019: $16,900,000 Verdict: Plaintiff/ victim, a 52-year-old mother and grandmother who was visiting her local Walmart with her granddaughter in the shopping cart. Unrelated to them, the store security had detained a shoplifter near the rear  of the store. The shoplifter then attempted to evade security and while he was fleeing ran the Plaintiff/ victim over on his way out knocking her over and the shopping cart with her granddaughter. The cart  fell on top of her, and she suffered major abdominal injuries. Her injuries were so severe that   she underwent numerous surgeries, over 20 hospitalizations, and was left permanently dependent on a feeding tube. Plaintiff/ victim hired a personal injury lawyer who filed suit against  Walmart, claiming that its security staff was negligent in attempting to detain the shoplifter who had run from them on previous occasions. Walmart denied any wrongdoing and tried to place the blame on  the shoplifter. 
  • Ohio July 2019: $81,500 Verdict: A 51-year-old woman was shopping when a pallet jack/pallet being pushed down the same aisle by a Walmart employee struck her cart. This caused her to   fall backward  as she was pushing a shopping cart. The Plaintiff/Victim  alleged she suffered disc herniations with chronic radiculopathy; a partially torn rotator cuff; and other soft tissue injuries. Walmart admitted liability but disputed the alleged injuries were a result of the fall. A jury awarded the Plaintiff/ victim $81,500 in damages.
  • Florida  January 2020: $572,988 Verdict:  The Plaintiff/ victim  slipped and fell on an unknown substance in a Walmart grocery aisle in Florida and she sustained permanent injuries. The Plaintiff/ victim claimed the company failed to maintain safe conditions. Walmart denied liability and claimed that the woman’s  own negligence caused her injuries. The jury found the store 100 percent liable and awarded the woman a $572,988 in damages.
  • Texas March 2013: $199,112 Verdict: A 42-year-old clerical worker slipped and fell while walking in the meat department of her local Walmart in El Paso. She was taken from the store by  ambulance to an emergency room where she was treated for disc herniations and bulges as well as a sprained right ankle, an annular tear, and a torn ligament in her right knee. Her Walmart lawsuit claimed the employees had washed the concrete floor with a mechanical scrubber that had been excessively filled with soap and used an incorrect mop. Plaintiff/ victim also claimed that Walmart failed to warn customers by placing wet floor signs in the area. Walmart denied liability, claiming the floor had fully dried at the time the Plaintiff/ victim slipped and fell and sustained personal injuries at Walmart. The lawyers for Walmart also argued the Plaintiff/ victim’s disc injuries were pre-existing conditions and did not happen as the result of her fall. A jury found Walmart liable for Plaintiff/ victim’s injuries and awarded $199,112 in damages.
  • Colorado June 2019: $583,040 Verdict:  Plaintiff/ victim’s was a man on crutches who requested an electric cart. As he sat in the cart, the back support  of the cart collapsed, and he fall backward. The plaintiff/ victim’s suffered soft-tissue spinal injuries. He claimed that Walmart should have known of the defective carts and was negligent for providing the defective cart for customers. Again, Walmart denied responsibility and argued that the man’s injury was pre-existing before he had the accident at Walmart. The jury found Walmart 75 percent liable and the man 25 percent responsible and they awarded $583,040 in damages.
  • Washington June 2019: $325,000 Settlement: This case is an exception to the  general rule that settlements against Walmart do not get reported. In a Washington injury accident case, a  70-year-old male Plaintiff/ victim slipped and fell on water leaking from a mini-refrigerator at his local Walmart. As a result of the slip and fall, he sustained a broken leg and ankle fractures that required several surgeries. The Plaintiff/ victim alleged that the mini refrigerator had been leaking for several hours and that Walmart failed to clean up the water. The claim was settled for $325,000. It is our experience that when damages are clear and not exaggerated like in this case, Walmart is more likely to settle the case

These are only a few the many jury verdicts render against Walmart all over the country. At TheOneLawyer.com, we have the experience in fighting large companies to recover damages for injuries sustained by our clients. 

The Walmart Claim Handling 

Walmart fights hard in the investigation of injury claims. However, if liability can be proven for a severe injury, Walmart will pay for their mistake and settle the claim. If you are injured in a Walmart store, hire an attorney immediately. Take Photographs of the hazard that your injury, be sure to take the following steps while you are at the scene:

  1. Take Photographs of the entire scene near and around where the injury occurred;
  2. Request any and all surveillance footage from the manager, and if you give a written statement, be sure to put this request in that statement;
  3. Obtain all eyewitness contact information yourself, do not rely on the store to obtain this information;
  4. Request a copy of the accident report while you are at the scene.

Getting a Lawyer to Fight for You

At TheOneLawyer.com, we handle claims against Walmart for severe injury and wrongful death personal injury claims. At TheOneLawyer.com we are lawyers who fight against Walmart for the personal injuries of our clients sustained at Walmart stores. If you have been injured or a loved one has been injured at Walmart, call us for a free consultation. 

WHY I AM GRATEFULL 2022:  I am grateful for my amazing staff and colleagues at TheOneLawyer.com who make my job easier and provide amazing service to our clients every day of the year. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful. 

We fight hard with this companies for our clients every day and we are grateful you have chosen TheOneLawyer.com to fight your you and your family after a car accident and help you recover for the injuries sustained in that car accident. At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLaweyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

CLAIMS FOR INJURY AGAINST A LARGE COMPANY

All big retailers have a legal responsibility to ensure the safety of their premises for their customers and vendors. However, employees and supervisors are not always as diligent as they should be in maintaining safe stores. When the premises are not kept in a safe condition, customer injuries that could have been prevented can happen, and these include injuries from slip and falls, falling objects, negligent collisions with customers and store equipment, and other accident injuries. If you believe you have been injured in a store or other retail settings, you may want to hire a personal injury lawyer to handle your personal injury claim against a large retailer today. Do not go it alone. Large retailers are sophisticated in overseeing these claims and we are too. We have done battle with large retailers and won for our clients many times over the past two decades. Let the experience of TheOneLawyer.com recover the most money possible for your personal injury claims against a large retailer. At the scene, call us and follow the following steps to preserve your claim: 

Report the Accident To Management at the Store

Report the accident to  a manager or employee immediately. Locate a store  employee and describe what happened in detail. It would be helpful to make a voice recording at the scene for your attorney describing what happened in as much detail as possible. Be specific regarding the facts when telling the manager or employee what happened. If the employee prepares an accident report, request a copy for your own records. Be sure to ask the manager  if there is an in-store or parking lot surveillance camera that might have recorded your accident and demand that the footage be preserved. If possible, video yourself making this request to the store employee or manager. Try to get an email address for store claims at the scene. If you are able to obtain one, go home and send an email, and copy yourself, demanding they “preserve all evidence, including all video evidence” before the security system deletes the footage. Many retailers automatically tape over old footage every 24 hours, so do this immediately. It is best to call us at TheOneLawyer.com  702-450-4868 to retain our experience to handle your claim immediately for the personal injuries you sustained in an accident at a large retail location.

Collect Information By Taking Photos and the Names and Phone Numbers of Witnesses

While you are still at the store, restaurant or other commercial location, it is important for you to collect evidence that will be critical to preserve your personal injury claim. It is important to do this while you are still at the scene before an employee has the chance to clean up or remove the hazard that caused your injury. Do your best to collect the following evidence before leaving the scene of the accident:

  • Take Photographs of the hazard that your injury;
  • Take Photographs of the entire scene near and around where the injury occurred;
  • Request any and all surveillance footage from the manager, and if you give a written statement, be sure to put this request in that statement;
  • Obtain all eyewitness contact information yourself, do not rely on the store to obtain this information;
  • Request a copy of the accident report while you are at the scene.

It is also important for you to keep the clothes and shoes you were wearing at the time of your accident. These items may be critical evidence  to defend the store’s  causation as a later time and may contain direct evidence, such as residue from a recently waxed floor. If you are too injured to collect evidence yourself, ask your companion to do these things. At the very least, be sure to use your phone and snap dozens of photos of the scene, the hazard, the employees, and  the witnesses.

SEEK MEDICAL CARE as Soon as Possible

Take photos of any cuts, bruises or swelling that you sustained and seek medical care immediately. If you have severe pain or a severe injury, advise the store to request an ambulance to pick you up from the scene. If you leave the store on your own, go to a doctor or hospital as soon as possible to obtain treatment for the personal injuries that you sustained in your accident at a commercial retailer like Walmart, Target, Costco, Home Depot, Amusement park or any other commercial location. It is important to know that you may have injuries with delayed symptoms, such as a muscle tear or a head injury.  It is important to see a doctor without delay and report all symptoms and injuries, even if you believe they are not significant at the time such as anxiety, confusion, soreness, etc. 

Make a Note In your Phone Regarding the Facts 

In your phone, make a “note” that starts “to my Attorney” and list the details you recall at that time when it is fresh in your memory. If you start this note for your attorney at TheOneLawyer.com and call us immediately, this statement will likely be considered a privileged statement to your counsel. In your note, describe the incident in detail while the memory of it is still fresh in your mind. Include the exact date and time that your fall happened, the location of the business, the hazard that caused your injury, the names and phones numbers  of anyone (including witnesses and employees)  you spoke to about the accident, and the pain you are having since the accident. 

Consult With an Attorney with Experience at TheOneLawyer.com  

Large Retailers will  fight to provide the lowest financial recovery possible for an accident injury. Do fight them on your own. Contact the experienced attorneys at TheOneLawyer.com to handle your commercial personal injury claim against a large corporation. Hiring an attorney  gives you the power and knowledge needed to procure a settlement or go to trial, if necessary, against a large company. A lawyer can manage every phase of your personal injury claim against a large company and allow you to focus on recovery. 

WHY I AM GRATEFULL 2022:  I am grateful for the crisp air and sunshine on this first beautiful workday of 2022. It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and reviewed in our year end blog. I hope that you will also have a lengthy list by the end of 2022. I hope that by reflecting on gratitude, we will find the positive of everyday, even the days that are stressful. 

We fight hard with this companies for our clients every day and we are grateful you have chosen TheOneLawyer.com to fight your you and your family after a car accident and help you recover for the injuries sustained in that car accident. At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

Gratitude_Changes_everything

40 Simple Ways To Be Grateful Everyday

Ok readers, it’s time for the news year’s resolutions and yes, I always make them. But this year has brought profound stress and turmoil to all of our live and we are all desperate to put behind us. Through the profound changes we have all endured, we have been forced to look inside ourselves and find purpose and drive in this life. For 2022, I resolve to practice Gratitude daily. Indeed,  I am putting my new year’s resolution in the public domain. Gratitude is such a potent emotion, one that can bring joy into your life and make your life more rewarding  in many ways. There have been many days that watching the news and living in this new life has made us feel depressed or created feelings of doubt. After everything we have all been through in the past two years, I think we are all yearning for the daily feelings of happiness that hard work and kindness can bring back to our lives. When you are feeling grateful for the positives in your life, it is easier not to dwell on the stresses and better cope with those situations. 

In fact, I resolve to keep a gratitude journal to record one thing I was grateful for every week of 2022. Every day just seems like a resolution that will be unrealistic to keep in a journal aka the notes in my iphone. However, I will do my best to take 30 seconds each day to recognize one thing that I am grateful for. I am grateful for so many things including my family, my clients, my dog, my home, my co-workers, my health, and each day there is always a reason to be grateful. Hopefully, I will be able to share many of them in my final blog of 2022 which seems so far away but will be here in a flash. 

In a study by Emmons & McCullough . 2003, their research showed “there were a multitude of benefits from keeping a gratitude journal. A simple notebook where you write down daily what you are grateful for. The study showed that the people who kept a journal exercised more regularly, reported fewer physical symptoms, felt better about their lives as a whole, and were more optimistic. It also showed that people who kept the journal were more likely to make progress towards their goals.”  “Overall, there was a greater sense of feeling connected to others, a, more optimistic view towards life and better sleep quality, relative to a control group.” https://emmons.faculty.ucdavis.edu/gratitude-and-well-being/ 

I hope you will follow with me in  this journey for 2022, even if by simply reflecting on something you are grateful for each day. In addition, there are many resources on the internet if you choose a more formal process as well as many apps for your phone. For suggestions on keeping a gratitude journal, this article has some great ideas. https://www.lifehack.org/794635/gratitude-journal. 

Here are 40 simple ways to make gratitude a part of everyday.

  1. Keep a list of things you are grateful for in your phone; 
  2. Add to your list regularly;
  3. Download one of the many gratitude apps;
  4. Tell your co-workers or family how much you appreciate them;
  5. Look at the beauty in nature around your area one morning; 
  6. Make time for your friendships;
  7. Force a big smile for things that bring joy;
  8. View inspiring videos of kindness;
  9. Include an act of kindness in your day;
  10. Avoid overwhelming  negative media;
  11. Call your family or friends;
  12. Enjoy that cup of coffee;
  13. Don’t speak badly about people for no reason;
  14. Spend quality time with your family, even just a chat or a meal;
  15. Compliment a random stranger for a nice outfit;
  16. Send an email to someone you have not seen in a while and tell them something nice;
  17. Make positive comments, not negative, on social media;
  18. When you think a negative thought, turn to a positive;
  19. If you find yourself complaining, think about how you can improve that issue;
  20. Verbally acknowledge when someone does a good job;
  21. Do something nice for someone;
  22. Meditate with positive thoughts;
  23. Live mindfully, check out this great resource to help;
  24. Thank the people who help you at the bank, the store, etc.;
  25. Thank your loved ones for the little things they do even when they leave dishes behind; 
  26. Hang pictures with positive quotes and images around your space;
  27. Check on your elderly neighbor and see if they need anything you can do for then;
  28. Call your family or friend or significant other and tell them you love them;
  29. Embrace challenges of your day and see them as opportunities to grow; 
  30. Do not let the people you dislike bring a negative energy to your environment;
  31. Be thankful when you discover something new;
  32. See mistakes as a growth opportunity in your life a career to learn from going forward;
  33. Help the people around you see the positive side to life;
  34. When times are difficult, focus on resolution and not feeling doomed by the situation; 
  35. Take time to notice the needs of others and help if you are able; 
  36. Make gratitude a part of family life and share it with each other during the times you are together.
  37. Practice gratitude every day so it becomes your mindset and not a chore; 
  38. Focus on your strengths every day and how they will help you problem solve;
  39. Share your gratitude with family and friends and those around you;
  40. Share gratitude with other by posting a tweet, Facebook post or Instagram; 

It is important for all of us to be the change we want to see in the world by making gratitude a part of each day. If we all practice gratitude more regularly, the world will be a kinder place. Each of my blogs will contain something I am grateful for and at this time next year, they will be listed. I hope that you will also have a long list by the end of 2022. I hope that by reflecting on gratitude, I will find the positive of everyday, even the days that are stressful at the court and adversarial with the insurance companies. We fight hard with this companies for our clients everyday and we are grateful you have chosen TheOneLawyer.com to fight your you and your family after a car accident and help you recover for the injuries sustained in that car accident. 

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area and we are grateful for this opportunity. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

Things To Be Thankful For Today

Sometimes, it is easier to dwell on what we are missing , rather than what we have. During this Holiday with family, especially after the past year, take time out and remember all of the things to be thankful for instead of the things that cause us stress every day. Take time to reflect on the things that bring you joy to your life. I am grateful for so many this Thanksgiving. I urge my readers to make  your own list of ten things you are grateful for. When we really focus on  how many things each day make our life better, it brings a smile to your face. It fills your heart with joy instead of the stress and anxiety plaguing our days. 

Here are thirty things I am grateful for this Thanksgiving, and I hope my list inspires you to choose gratitude this Holiday: 

1. Children

I am more grateful than words can say  watching my sons celebrate, laugh, and thrive each day. 

2.  Good Health

I am thankful for my health every day. 

3. Dear Friends to Share Holidays

I am so grateful for the friends and family in my life to celebrate every occasion with all year. 

4. Fuzzy Socks

On a chilly day, there is nothing is better then fuzzy socks or a warm jacket.

5. Airplanes

I am grateful for Air travel to see friends and family all over the country. 

6. Time Off from Work

There is something magical about weekends and time away from the office.

7. My Dog

Pets bring us of unconditional love and joy.

8. Love

Without the ability to love, life would be sad and lonely.

9. Modern Utilities

I am so fortunate to live in a modern time with power, water, sewer, cable, wi-fi make to make life easier. 

10. Freedom of Speech and our Constitution

Being able to express your thoughts and feelings freely should never be taken for granted.

11. Automobiles

I cannot imagine living in a time when you could jump in your car and drive too anywhere!

12. The Education I have received.

The opportunity to attend school is something people, especially women,  don’t have in many countries and I am grateful for the training and educations I have received to allow me to help injured people and fight injustice.⌄ 

13. Having a Cozy  Home

No matter where you live, having a place to call home is something to be thankful for.

14. Fresh Air

I am grateful to live in a beautiful country working toward protecting the environment so we can continue to step outside and take a deep  breathe. 

15. A Bed to Sleep

Watching the heart wrenching plight of so many refugees around the world, I am grateful for my clean and cozy bed every night. 

16. National Security

I am grateful to wake up feeling safe thanks to our women and men in uniform.

17. The Light of Sunshine

The sun’s glow brings a warmth and light to our world every day. 

18. Clean Water

So many people on earth lack access to clean water and I am grateful to turn on a hot shower every morning.

19. Cell Phones

They give us a freedom from our desks and offices to allow us to live and work each day. 

20. Art

The world would be less beautiful if art did not exist.

21. Rainbows

The beauty of a rainbow is a gift of nature. 

22. Waking up Today

Simply waking up today to exciting potential is something we should all be grateful for.

23. Baseball 

Whatever your favorite sport, be great for the thrill of watching and playing the game. 

24. Great Teachers 

Whether it is your grandmother teaching you to cook or a great teacher, be grateful the sharing of wisdom and talents. 

25.  Air Conditioning in the Desert

Staying cool on a hot Vegas  day is something people would not have dreamed about in decades past

26. Grocery Stores

We live a country we can get anything for our table.

27. Sunsets and Oceans

Sunsets and the sound of the waves are simple gifts of joy. 

28. Entertainment

Music and Movies to enjoy.

29. Freedom to Express Ourselves

The ability to choose our own clothing, and words should never be taken for granted.

30.  Having a Great Practice

I am grateful for the amazing clients I have the privilege of  fighting for every day.

At TheOneLawyer.com, we are grateful for the clients we serve and their faith in us. We are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation they are entitled to. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

New Laws Nevada 2021 prisons, inmates, local government

In continuation of our series regarding new laws passed by our 2021 legislature, this blog concerns new laws that our legislature enacted that affect our prisons and inmates and well as local government  here in Nevada. Our legislature was very aware of the challenges facing our prison system.

Our lawmakers in Carson City passed several bills in 2021 session to help our inmates , even during the pandemic they were hard at work. Many of these laws focused on creating changes that will help inmates re-enter society by requiring prisons to provide services for exiting inmates. 

Our legislature created an entire new act in Assembly Bill 88  that requires the board of trustees of the school district and the governing body of each charter school and university to adopt a policy that prohibits the use of a  name , logo, mascot or song or any other identifier that is “racially discriminatory or contains discriminatory language or imagery“. Our lawmakers are determined to remove discriminatory laws from our books and prevent offensive imaging from representing our public institutions. These laws are indicative of the progressive and democratic nature of our state. The following is  a summary of the new laws enacted regarding the Department of Corrections and impacting Local Government that were passed by our Nevada legislature during the 2021 session.

Inmates and corrections

Assembly Bill 358: Changes Medicaid eligibility for inmates, suspending rather than terminating eligibility and reinstating it as soon as possible after release. This bill changes eligibility for inmates in Nevada prisons. The previous law terminated their eligibility for Medicaid and allowed inmates to be reinstated when they were released. This bill suspends their Medicaid eligibility until they are released thereby forgoing the requirement to reinstate eligibility. It is basically and attempt to streamline paperwork and get benefits to people as soon as they are released from prison instead of waiting for a whole new process to begin and be concluded. This bill will help our inmates re-enter society and maintain their health by allowing them to be eligible for medical care  immediately after they have served their time. This bill directs the Director of the Department of Corrections to complete the paperwork to enroll each inmate in Medicaid prior to their release. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8016/Text 

Effective January 1, 2022.

Senate Bill 387: Requires the Public Utilities Commission to set rules, including rate caps, for inmate calling services. This Bill requires the Public Utilities Commission to set rules for rate-caps regarding costs for inmate calling services. These costs are generally born by the state. This bill requires the Public Utilities Commission of Nevada (PUNC) to adopt regulations that govern the provisions of many calling services to include a procedure to establish recaps and limitations on ancillary service charges and certain other taxes.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8081/Overview

Effective October 1, 2021.

Local government

Assembly Bill 63: Authorizes local governments to use local natural disaster recovery funds to mitigate the effects of a declared emergency. This bill  is related to the financial administration of the use of government emergency funds. This bill relates to local financial administration and authorizes local government to use money from specific funds to assist with the adverse effects of certain emergencies. Under the existing law, the governing body of a local government can establish a fund to stabilize the operation of local government in the event of a natural disaster. This bill expands the use of the funds to include situations which are declared a state of emergency by the government. Clearly this bill is direct product of the pandemic. This bill basically adds the phrase “emergency situation“ to all of the situations which were previously reserved for “natural disasters“ in the utilization of government funds.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7316/Text

Effective October 1, 2021.

Assembly Bill 88: Bans use of racially discriminatory mascots or place names and so-called “sun-downer sirens.”  So yes, I had to google that term as I have never in my life heard the term “sun-downer sirens”   before. This is what I found  “The towns of Minden, Nevada, and Gardnerville, Nevada, had an ordinance from 1917 to 1974 that required Native Americans to leave the towns by 6:30 p.m. each day. A whistle, later a siren, was sounded at 6 p.m. daily alerting Native Americans to leave by sundown.”  It absolutely shocked my conscious that such laws were on the books at all much less as late as 1974 in Nevada. Assembly bill 88 bans the use of racially discriminatory logos and mascots or names and also banned the use of the old process of “sundowner sirens“. This Bill is actually an entire new act that also requires the board of trustees of the school district and the governing body of each charter school and university to adopt a policy that prohibits the use of a  name , logo, mascot or song or any other identifier that is “racially discriminatory or contains discriminatory language or imagery“. This may impact some of the older schools in the valley that have had mascots and names for over 50 years that someone may find offensive. I was surprised as well when the Cleveland Indians, my favorite baseball team by family heritage, had to change their name from the Indians to the Guardians. I think it will take us fans a long time to get used to the name the Guardians. However, I never found the name Indians to be offensive but apparently it is to a group of people. This new statute in our state prohibits the use of any type of names that could be offensive to any group of people. In addition, section 2.3 of this bill prohibits a county in the state from “sounding a siren, bell or alarm anytime during which the siren, bell or alarm was previously sounded on specific days or times in association with an ordinance enacted by the county which required persons of a particular race, ethnicity, ancestry, national origin or color to leave the county or city, town or township within the county by a certain time.“  This bill is sweeping legislation which impacts all aspects of naming public entities or public places in our state.

https://en.wikipedia.org/wiki/Sundown_town 

.https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7369/Text

Effective July 1, 2022.

Assembly Bill 139: Allows local governments to use normally restricted excess enterprise funds to build fire stations. Assembly bill 139 allows governments to use normally restricted access enterprise funds to build additional fire stations. Existing law allows governments to create a “enterprise fund“ exclusively for building permit fees. Under existing law, money that is in the enterprise fund must not be used for any other purpose than the actual direct and indirect cost of building permits. This bill caps local building government enterprise funds and allows the balance of unreserved working capital does that that does not exceed 50% of the annual operating cost to be used to construct fire stations in  cases that the needs assessment has demonstrated a need for additional fire stations exists.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7515/Text

Effective immediately.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

Nevada Workplace Safety and Wage Inequities

Our lawmakers in Carson City passed bills governing all areas of the law in their 2021 session, even during the pandemic they were hard at work. Many of these laws focused on workplace safety and wage inequities. Our legislature was busy addressing unfair employment practices and workplace safety issues. based upon race, immigration status and socio-economic position.

They passed  laws to expand employee rights to brings claims against their employers to adding protections for cannabis industry workers. Our legislature stands on the forefront of protecting our employees and their  civil rights in the state of Nevada. Our legislature was brave enough to step up and address the issues head on and protect and preserve employee rights in Nevada. Although we are an at will employment state, the legislature added protection for Nevada employees. also addressed pandemic issues to allow our state administrators greater freedom in accessing medical supplies. The following is a summary of the workplace bills that were passed by our Nevada legislature during the 2021 session.

Workplaces

Assembly Bill 222: Expands whistleblower protections to cover employees who report workplace problems internally. This bill protects employees who report issues in their workplace to the  United States Equal Employment Opportunity Commission. Under the existing law, when an employee files a complaint alleging unfair employment practices with the equal rights commission and  commission in turn concludes that unfair employment practice have taken place, The person alleging the unfair practice is authorized to bring civil action in the District Court. Existing law prohibits the person from bringing the civil action more than 180 days after the act constituting the unfair employment practice occurred or more than 90 days after the right to sue letter was issued by the commission, whichever is later. The existing law also provides that the 90 day and 180-day periods of limitation are tolled during the pendency of the complaint provisions. This new bill extends the coverage of those provisions to actions in the District Court for occurrence of unlawful employment practices under title VII and issuance of the right to sue letter by the equal employment opportunity commission. This bill further tolls the 90- and 180-day statute of limitations periods during the pendency of the complaint before the federal equal opportunity employment commission.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7699/Text 

Effective immediately.

Assembly Bill 227: Seeks to ensure that construction industry workers are paid wages in line with their skills and prevents “off the books” work. This bill  is an attempt to protect construction workers and prevent the widespread practice of having workers “work off the books“. The bill is an attempt to ensure that construction industry workers are paid wages in line with their skills. Under existing law, a person licensed to be a contractor and engage in the business of constructing, altering, or repairing structures must follow certain employment practices. This bill differentiates and defines the types of work performed that requires a contractor’s license as well as persons who may perform work for a contractor that do not require a contractor’s license. This bill sets forth additional acts which will constitute cause for disciplinary action against a contractor by the state contractors board to include retaining sub-contractors to perform work were a license is necessary who are not licensed contractors.

In reading this bill, is its entirety I find it almost unintelligible and poorly worded. However, In researching the history of this bill, this bill was lobbied for by the Nevada construction workers union who called for a crackdown on what they called “tax and wage fraud.“ The unions that represented carpenters were calling on law makers to pass a bill to fight what they called “fraud and wage theft” in the construction industry. This bill is supposed to require everyone working on a construction project that requires a general contractor to be employees of the company or contracted  licensed subcontractors. The union believes this bill will discourage the practice of hiring workers “under the table“ and paying them cash. The carpenters  union argued that unscrupulous companies use this method to get out of paying for general liability insurance, Worker’s Comp, Social Security and unemployment taxes. They asked the legislature to crack down on these employers that do not play by the rules. The union saw this as a growing problem in the industry. After their diligent lobbying efforts, assembly bill 227 passed and is an attempt to curb this practice. However, I do not believe the wording of the bill will necessarily accomplish its goal. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7666/Text 

https://www.publicnewsservice.org/2021-04-15/livable-wages-working-families/nv-construction-workers-unions-call-for-crackdown-on-tax-wage-fraud/a73930-1

 Various effective dates through Oct 1, 2021.

Senate Bill 122This bill requires specific cannabis establishment employees to undergo safety and prevention training. This bill requires that no later than one year after cannabis employee is hired,  that the employee must obtain a completion card of the OSHA 10 (Occupational Safety and Health Administration — a Government agency) course. Supervisory employees must complete the OSHA 30 course. The bill provides for fines for employers for failing to comply with this training requirement for their employees. Current law already requires that employees on construction sites complete these courses. This bill incorporates employees of cannabis establishments who are now  required to complete these courses. 

In a letter to the Senate Commerce and Labor Committee dated March 3, 2021, the Nevada Dispensary Association opposed this bill. They believed that the mandate was overreaching and applied harsh penalties that were inequitable as compared to other industries. They argued that employees that only work at the dispensaries should be exempt from this requirement because those employees were not in a setting where they are at elevated risk for accidents, and they do not operate dangerous equipment or heavy machinery. They argued there was no equivalent safety requirement for employees working in air-conditioned space such as retail having to go through this training. I do find it unusual that employees that work at a counter at a dispensary are required to undergo the same training as those working with heavy machinery on construction sites when people working at the counter at retail department stores are not required to undergo these same training courses. 

The Nevada Dispensary Association further argued that the mandatory penalties imposed on the cannabis industry were far out of line with the standard practices of penalties for any other industry. In addition, they argued that cannabis establishments are inspected and have access to best practice resources like Nevada OSHA safety consultant and training section to prevent workplace injuries. The Nevada Cannabis Compliance Board believed that the Nevada cannabis compliance regulations already provide substantial and specific training requirements for employees of the cannabis industry. They believed these additional training requirements were unnecessary for most dispensary employees.

However, the bill was supported by UFCW local 711 on behalf of cannabis workers. The union represented 6800 members of the united food and commercial workers local union 711 and they submitted a letter to support the bill. The union pointed out that members in Nevada work in grocery stores, retail establishments, chemical manufacturing food processing plants. They argued that the  legal cannabis industry and all other industries should be required to undergo these courses. The union argued that members of the cannabis industry work in growing and cultivating facilities, manufacturing facilities, and processing facilities as well as laboratories. It really appears that the bill did not accomplish what it may have been intended it to accomplish in those workers working with farm equipment or cultivating the product are far different from those selling the product at the counters in the dispensaries. I believe the bill should have been more qualified to specific types of employees and not broad-based to include all retail employees. https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7460/Text 

Effective on July 1, 2021.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, Esq. TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law. If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne,  Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur. For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450-4868 and text 24/7 at 702-600-0032. 

Nevada Child and Human Services

Nevada Bills passed 2021 Government and Social Services

Our lawmakers in Carson City passed numerous bills governing all areas of the law in their 2021 session, even during the pandemic they were hard at work. Many of these laws focused on Government and Social Services. Our legislature was busy addressing many inequities based upon race and socio-economic position. They updated our laws to provide expanded services for disabled people and allowing homeless youth to make their own health care decisions. coverages to address these disparities. The following is a summary of the Open Government bill and the laws governing social services  that were passed by our Nevada legislature during the 2021 session.

Open government

Senate Bill 77:This Bill exempts from state Open Meeting Law certain pre-decision and deliberative public meetings involving National Environmental Policy Act proceedings. This bill is intended to allow local officials to discuss the bill before the open government groups begin. Specifically, the law is amended as follows:

Section  1. Chapter  241  of  NRS  is  hereby  amended  by  adding thereto a new section to read as follows:
 1. A  public  body  that  has  entered  into  a  memorandum  of understanding  or  other  agreement  with  a  federal  agency  for  the purpose  of  engaging  with  the  federal  agency  on  an  action  under the National Environmental Policy Act of 1969, 42 U.S.C. §§ 4321 et seq., may hold a closed meeting to engage in predicational and deliberative  discussions  on  the  subject  of  the  memorandum  or agreement. Any such discussions in a closed meeting must:  

(a)  Occur  only  during  the  period  before  the  federal  agency publicly  releases  the  document  addressing  the  action  under  the National Environmental Policy Act and begins the corresponding
public comment period; and  

(b)  Be  required  by  the  federal  agency  to  be  kept  confidential under the memorandum of understanding or other agreement. 

2.    If a public body holds a closed meeting pursuant to subsection  1,  the  public  body  shall  not  include  any  item  in  the discussions  for  the  closed  meeting  other  than  the  subject  of  the  memorandum or agreement entered into with the federal agency. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7340/Text

Effective immediately.

Social services

Assembly Bill 62: This Bill allows the state treasurer to seek private donations to fund start-up ABLE savings accounts before the age of twenty-six to save money in a specific account for Nevadans with intellectual or developmental disabilities. The ABLE Act allows individuals who were previously deemed to be disabled to open accounts and not jeopardize the government benefits they desperately need. Before this act was passed, a person with a disability who relied on benefits provided by the government to survive, such as SSI and Medicaid, could lose those benefits if they had more than $2,000.00 .  The loss of those benefits could mean the loss of housing, employment, transportation and other critical benefits that they receive. The ABLE Act allows people with disabilities to save money and feel more secure without being penalized. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7315/Text

 Effective April 21, 2021.

Assembly Bill 138: Reverses the law that made those convicted of felony drug crimes ineligible for federal food or family assistance. Unfortunately, there are hundreds of thousands of Americans who are currently serving time for drug offenses in our country. Some statistics say it is more than a half-million people. For many of these citizens, leaving prison with a felony conviction on their record creates an added level of difficulty in re-entering society. A 1996 federal law blocks felons with drug convictions from receiving welfare or food stamps unless the individual states choose to waive the restrictions.

The ban that was imposed did not apply to those  with convictions for any other crimes. These bans on public programs were put into  place as part of a sweeping reform of the nation’s welfare system in the 1990’s at a time when the “war on drugs” was in full swing. Two decades later, many states are rethinking this position and trying to help people released from prison for drug conviction re-enter society and  become productive citizens. The goal is to reduce the likelihood they will return to prison.

Since 1996, 18 states have reversed these  restrictions on food stamps, also known as the “Supplemental Nutrition Assistance Program” and  allow people with certain types of drug felonies to be eligible those benefits. While states can make changes to welfare and food stamp policy, it primarily falls to the federal government to remove the hurdles that released drug felons face in receiving various government benefits for education, nutrition  and housing assistance.

In 2006, the federal government opened college grants and loans to those convicted of a drug felony which reversed a 1998 policy. However, if someone is convicted of a drug crime while receiving aid, they will lose the aid until they complete treatment or prove sobriety which seems perfectly reasonable if the program is also paid for by the government. Otherwise, they are back at square one and likely to recommit a crime.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7466/Text

 Effective July 1, 2021.

Assembly Bill 197: Authorizes minors who do not live with their parents or legal guardian to consent to certain health services for themselves or their children. The need for this bill reflects a very sad issue facing our community.  There is a rising trend of homeless youth in Southern Nevada. I was shocked to learn that our state  ranks fourth in the nation in total number of unaccompanied homeless youth. In addition, sadly, Nevada ranks first  in the nation in rates of Unsheltered Unaccompanied Homeless Youth. The rate of unaccompanied youth (aka homelessness) in Southern Nevada  is greater than the state as a whole and far exceeds the national average (24.7% compared to 6.54%). Another shocking fact is that 2,794 minors were rescued from human sex trafficking by Las Vegas Metropolitan Police Department from 1994 through 2016. This is a number that shocked my conscious. The need to allow minors to make their own decisions will continue to grow in all areas of the law as long as these numbers exist.  

These numbers have been on the rise for the past several years .  Recent data from Clark County School District (CCSD) shows  that this trend  of an increasing youth homeless population has gone unabated in Southern Nevada. CCSD data reports show that the number of families with children and unaccompanied youth who identify themselves as homeless has gone up over the years from 9,284 children in 2013-2014 to almost 11,000 children in the 2016-2017 school year.  There are many organizations trying to help these kids including the following: 

Shannon West Homeless Youth Center

               1640 E Flamingo Rd, Las Vegas, NV 89119 

                Phone(702) 526-4990

Hearts 4 Angels Ranch/Shelter For Homeless Teens

               3960 Howard Hughes Pkwy Suite 508, Las Vegas, NV 89169

               Phone(702) 660-5240    

               Street Teens

                    5599 S Pecos Rd, Las Vegas, NV 89120

                     Phone(702) 215-4171

If you are able to help in anyway, these organizations are allowing taking donations to help these homeless youth.  

https://www.unlv.edu/sites/default/files/story_attachments/167/The%20State%20of%20Homeless%20Youth%20in%20Southern%20Nevada.pdf

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7591/Text

Effective May 27, 2021.

Assembly Bill 406: This bill requires casinos to withhold casino gambling winnings from parents who owe child support. Although this law seems good on paper, enforcement may prove to be very difficult. There are thousands of parents who owe child support, and the statute requires that the paying entity have notice of the child support lien. The statute does not provide for the creation of a central data base that the casinos can access to check if child support is owed by the winner. Until there is a way for this to be conveyed to the casinos in Nevada, this will be a difficult provision to enforce. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/8031/Text

Effective October 1, 2021.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients. At the Law Offices of Laura Payne, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please do not hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne, Esq. a Henderson Injury Attorney for over 15 years. Laura is recognized as one of Nevada’s Top 100 Lawyers. She has the experience and knowledge to obtain the maximum settlement you deserve. Please call our office if you or a loved one is injured. We can make sure that you receive the care you need and deserve and advise on how to preserve evidence. 

At our office, we are experienced in helping injured victims get the compensation to which they are entitled. Insurance companies never have the best interest of the injured person at the top of their priorities. They want to pay as little on every claim as possible. Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions. 

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Marie Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices. TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims. Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450- 4868 and text 24/7 at 702-600-0032. 

Laura Payne® Attorney Henderson – My Vegas Magazine Article

Attorney Laura Payne has the right combination of experience, dedication and compassion.

It’s not something anyone likes to think about, but statistics indicate that most of us will be involved in an accident at some point. When that happens, anxiety can really kick in. We’re constantly bombarded by billboards, commercials, and ads for personal injury attorneys in Las Vegas – What should you look for when choosing representation? It’s important to find an attorney that is not only experienced in personal injury law, but is tenacious, compassionate, and attentive as well. Those are the attributes Laura Payne has in spades. She is the attorney behind TheOneLawyer.com and also heads up the Henderson’s premier boutique personal injury firm. We recently asked her to share with us what has motivated her to provide exemplary legal representation with a decidedly personal touch for over twenty years. 

What sparked your interest in becoming an attorney?

When pursuing my undergrad at UNVL, I majored in journalism and worked at the school newspaper and radio station. One of my favorite things about that experience was interviewing people and learning out the issues they were facing. And while journalism helped me shine a light on people’s problems, it didn’t provide a path to help. That’s what I love so much about law. Now, I still get to hear people’s stories, but I’m also able to help them solve their problems, too.

Why did you choose to focus on personal injury law?

I considered becoming a public defender, but after two years working in the criminal system, I decided I wanted to advocate for people who had been wronged by large corporations and insurance companies. What better way to prepare myself to do that than by working within that system?

I spend over nine years as a staff attorney for a large insurance company. There, I gained the experience and knowledge to not only try cases but to understand how insurance companies review and determine the value of cases. This has given me an insight into the business that few other attorneys possess.

What sets your practice apart?

My primary strengths as an attorney are personal service and years of experience. I have purposefully kept my practice small so I can provide one-on-one help to each of my clients. I understand how insurance companies treat you as a number – and how frustrating and painful that can be.

When you retain me, you work directly with me. My clients are often stressed, fearful and confused at our first consultation. They frequently tell me that no none else has explained or listed to them as clearly as I have. They’ll start the conversation with, “I don’t want to bother you.” My reply is always the same: “You aren’t bothering me. I work for you, and if you have a question, never hesitate to call or text me!” I treat every client as though they are my only client.

What legal services do you provide?

I represent every client on a personal, compassionate and professional level whether they were involved in a car, truck, boat, bus, motorcycle, or slip-and-fall accident. I’m licensed to practice law in all courts in the state of Nevada and the Ninth Circuit Court of Appleas. I am also admitted to practice in Texas and California. I’m a member of the American Bar Association, the Clark County Bar Association, and the Southern Nevada Women’s Bar Association.

What do you love about Las Vegas?

I grew up here. It’s where my family and friends live and where I am raising my three sons. I’m just as passionate about our community as I am my clients. I sport several youth sports leagues and volunteer frequently with community outreach charities. When I am not working or attending my sons’ baseball games, you’ll find me practicing yoga, skiing, or riding ATV’s.

Call 702-450-4868

Text: 702-600-0032

 

Nevada Public Lands Bills 2021

New Nevada Laws Natural Resources passed in 2021 Part 2

In their 2021 session, our lawmakers in Carson City passed Bills governing all areas of the law even during the pandemic they were focused on the issues facing our State.  Many of these laws focused on our public lands and natural resources here in Nevada. In fact, there were so many Bills passed in this area  that this topic will be two blogs, and this is part two of two. Our legislature was busy addressing many issues regarding wildlife and endangered species on our state.  From protecting trees to ancient burial grounds, from saving water to saving the public from wild animals, our legislature was hard at work tackling these issues. The following is one  of  two of a summary of the Bills regarding Natural Resources that were passed by our Nevada legislature during the 2021 session.

Natural resources (Part 2)

Assembly Bill 103: This bill changes the rules for digging on private land where a prehistoric Indian burial site is located.  Permits will be issued for digging as long as it is not  in areas of a property that contain a burial site.  Which, practically, who would want to dig up a gravesite.  However, for commercial business and utilities, it will take some research to determine if a known burial site exists on the property.  This bill provides, instead, that such a permit is not required to engage in a lawful activity on such private lands if: (1) the activity is exclusively for purposes other  than  the  excavation  of  a  prehistoric  Indian  burial  site;  and  (2)  the  activity occurs  only  on  a  portion  of  the  private  lands  that  does  not  contain  the  known prehistoric Indian burial site. Typical government verbiage is contained in this statue.  Practically, it is likely unknown where many of these sites are located.

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7404/Text

Effective October 1, 2021.

Assembly Bill 171This bill protects Rocky Mountain junipers  also known as swamp cedars in the Bahsahwahbee Traditional Cultural Property in White Pine County. Effective July 1, 2021.  Section  1  of  this  bill  declares  that  it  is  the policy  of  this  State  to  protect  the  Spring  Valley  population  of  Rocky  Mountain junipers, known as “swamp cedars,” that occur in White Pine County within the Bahsahwahbee Traditional Cultural Property.  Sections 1 and 2 of this bill make it unlawful  for  any  swamp  cedar  within  that  property  to  willfully  or  negligently  be cut,  destroyed,  mutilated  or  removed  without  first  obtaining  a  special  permit  from the State Forester Fire warden.   Section 2 also revises the existing exemption for Indians native to Nevada who gather  flora  for  certain  reasons  to  remove  the  requirement  that  such  Indians  be  “native to Nevada. “   And in case you are wondering, below is a Rocky Mountain Juniper:

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https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7529/Text

Assembly Bill 200This is another bill drafted to address the needs of the pandemic and permits veterinary telemedicine. Veterinary telemedicine” means the use of medical information  exchanged  from  one  site  to  another  via  electronic communications  regarding  the  health  status  of  an  animal  or  a group of animals and includes, without limitation, communication via telephone, video, a mobile application or an online platform on an Internet website.” Imagine your pet is feeling ill and you are in  compromised  health or quarantined.  Your Vet can now see your pet virtually and speak with you to diagnosis and issue prescriptions for your pet.  

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7595/Text 

Effective October 1, 2021.

Assembly Bill 356: This bill requires the Southern  Nevada  Water  Authority to Develop  a  plan  to  identify  and  facilitate  the  removal  of existing  nonfunctional  grass  within  the  service  area  of  the  Southern Nevada  Water  Authority  on  property  that  is  not  zoned  exclusively or a single-family residence. This means that the Southern  Nevada  Water  Authority can now have policing authority to require businesses to remove unnecessary grass.  Clearly this bill is aimed at combatting the severe drought facing our city.  The plan must, without limitation: 


(1)  Establish  phases  for  the  removal  of  nonfunctional  turf based on                                  categories of water users; and
(2)  Establish deadlines within the service area of the
Southern Nevada Water Authority for existing customers to remove nonfunctional  turf  on  property  that  is  not  zoned  exclusively  for  a single-family residence before December 31, 2026. 

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7910/Text 

Effective immediately for purposes of implementation.

Senate Bill 52Creates a program to award a dark sky designation  to locations where stargazing isn’t affected by lights to localities, parks, reserves and other state entities. A dark-sky designation is an area, generally surrounding a park or observatory, that restricts artificial light pollution. The primary  purpose of the dark-sky movement is generally to promote astronomy. It is often referred to in different terms and describes areas that national organizations have worked to have designated as “Dark Sky” areas.   In fact, the  International Dark-Sky Association (IDA) uses International Dark Sky Reserve (IDSR) and International Dark Sky Park (IDSP). A third designation, International Dark Sky Sanctuary, was introduced in 2015. This is an entire movement that I had never heard of, and many states have made “dark sky designations.”  This is one of the reasons I enjoy writing blogs is to learn new things.  I have never heard of “Dark Sky Designation” and there is actually an entire organization dedicated to this movement.   

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7230/Text

Sections effective May 10, 2021, October 1, 2021.

Senate Bill 344: This bill bars people from letting wild animals come into direct contact with others. I can note imagine that somewhere in our vast statutes that this was not already illegally.  If you own a tiger, it cannot get loose.  (this is where I need some emojis) Section  7  of  this  bill  prohibits  a person from allowing a dangerous wild animal, as defined in section 4 of this bill, to come in direct contact with a member of the public. “Dangerous wild animal” means any of the following live animals held in captivity: 


1.    All elephants from the genera Elephas and Loxodonta.
2.    All species of aardwolves and hyenas.
3.    All species of primates, except humans.
4.    The following species from the family Canidae:
(a)  Gray wolves (Canis lupus).
(b)  Red wolves (Canis rufus) that have been bred in captivity.
5.    The following species from the family Felidae:  (a)  Cheetahs (Acinonyx jubatus), including hybrids thereof.
(b)  Clouded  leopards  (Neofelis  nebulosa  and  Neofelis  diardi),
including hybrids thereof.  (c)  Jaguars (Panthera onca), including hybrids thereof.
(d)  Leopards (Panthera pardus), including hybrids thereof.
(e)  Lions (Panthera leo), including hybrids thereof.  (f)  Mountain  lions  (Puma  concolor)  that  have  been  bred  in
captivity, including hybrids thereof.
(g)  Snow leopards (Panthera uncia), including hybrids thereof.
(h)  Tigers (Panthera tigris), including hybrids thereof.
6.    The following species from the family Ursidae:  (a)  American  black  bears  (Ursus  americanus)  that  have  been
bred in captivity.
(b)  Asiatic black bears (Ursus thibetanus).
(c)  Brown bears (Ursus arctos).
(d)  Giant pandas (Ailuropoda melanoleuca).
(e)  Polar bears (Ursus maritimus).
(f)  Sloth bears (Melursus ursinus).
(g)  Spectacled  bears  (Tremarctos  ornatus),  including  hybrids thereof.
(h)  Sun bears (Helarctos malayanus)

So, in short, keep your polar bear locked up!!!!

https://www.leg.state.nv.us/App/NELIS/REL/81st2021/Bill/7991/Text 

Effective July 1, 2021.

At TheOneLawyer.com, we are here to serve our community and provide legal services in the Henderson and Las Vegas area. We are a boutique law firm providing experienced and personal representation to injured clients.  At the Law Offices of Laura Payne, TheOneLawyer.com we provide professional and personal service to each and every one of our clients on various legal matters and have over 15 years of experience in reviewing insurance policies and in Nevada insurance law.   If you have a question regarding any type of personal injury or paying your medical bills from an accident, please don’t hesitate to call the offices of TheOneLawyer.com and speak directly to attorney Laura Marie Payne, Esq. a Henderson Injury Attorney for over 15 years.  Laura is recognized as one of Nevada’s Top 100 Lawyers.  She has the experience and knowledge to obtain the maximum settlement you deserve.  Please call our office if you or a loved one is injured.  We can make sure that you receive the care you need and deserve and advise on how to preserve evidence.  

At our office, we are experienced in helping injured victims get the compensation they are entitled to.  Insurance companies never have the best interest of the injured person at the top of their priorities.  They want to pay as little on every claim as possible.  Having worked for an insurance company as an attorney for 9 years before opening my boutique law firm specializing in helping injured people, I have reviewed thousands of auto accident claims and policy provisions.   

At the Henderson and Las Vegas Accident injury law offices of TheOneLawyer.com, Laura Marie Payne, Esq. and her staff are here to help you and your family in the event that accidents and tragedies occur.  For any of your legal needs, do not hesitate to contact our Henderson and Las Vegas Accident injury offices.  TheOneLawyer.com is a boutique, family-owned law firm that specializes in helping injured people and the community of Las Vegas and Henderson Nevada with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, product liability claims, and all types of injury claims.  Please do not hesitate to call us anytime you have a legal question or you or a loved one has sustained an injury at 702-450- 4868 and text 24/7 at 702-600-0032.