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Nevada Homestead Law

Nevada Homestead Law

Pursuant to Nevada Revised Statutes 115, homestead laws, the equity in your home is protected in Nevada up to $550,000 from general creditor claims.  These claims can include such debts as unpaid medical bills, credit card debts, business and/or personal loans and most debts.  By simply recording a declaration of homestead with the county accessor in which you reside, you can protect your home from debt collectors.  Filing the homestead will protect your principal residence up to the statutory maximum. Investors are excluded. If the value of your home is $645,000 and you have a first mortgage of $485,000 plus a second mortgage of $10,000, the equity is $150,000.  Homestead law protects the equity in your home. 

Homestead Form and Where to File

Perfecting a homestead and protecting your home from creditors is simple in the state of Nevada. All you need to do is to Complete the Homestead Declaration form. Make sure to print the form in black ink and print legibly or use the fillable link below to type the form and print.  If you use the form, do not let the text extend beyond the one-inch margins on all sides of the form.  You will need to sign the form in presence of a Notary Public and take the form the Clark County Recorder to have the document recorded.  You can go the Main Office located at 500 S. Grand Central Pkwy. 2nd Floor, Las Vegas or you can mail it along with appropriate fees and a return post paid envelope.   For more information, call the Recorder’s Office at 702-455-4336 or visit their website at www.clarkcountynv.gov/recorder.  Below is a copy of the form and a link to the fillable PDF. https://files.clarkcountynv.gov/clarknv/Assessor/STATISTICS/DeclarationOfHomesteadForm2010.pdf?t=1612316503275&t=1612316503275 

DECLARATION OF HOMESTEAD FOR RECORDING                                     

Assessor’s Parcel Number (APN): __________________________________________________________ or 

Assessor’s Manufactured Home ID Number: __________________________________________________________ 

Recording Requested by and Mail to:

 Name: ____________________________________________________ 

Address: __________________________________________________ 

City/State/Zip: _____________________________________________ 

Check One:    Married (filing jointly)  Married (filing individually)    Widowed    Single Person     Multiple Single Persons    Head of Family By Wife (filing jointly for benefit of both)       By Husband (filing jointly for benefit of both)     Other (describe): ________________________________________________________________________ 

Check One: 

Regular     Home         Dwelling/Manufactured Home         Condominium Unit                            Other

 Name on Title of Property: _________________________________________________________________________________________ 

do individually or severally certify and declare as follows: 

_________________________________________________________________________________________

 is/are now residing on the land, premises (or manufactured home) located in the city/town of

 ____________________________, county of ______________________________, State of Nevada, and more particularly described as follows: (set forth legal description and commonly known street address or manufactured home description) _________________________________________________________________________________________ _________________________________________________________________________________________ 

I/We claim the land and premises hereinabove described, together with the dwelling house thereon, and its appurtenances, or the described manufactured home as a Homestead. 

In witness, Whereof, I/we have hereunto set my/our hands this ______ day of ______________, 20___ ________________________________________ ________________________________________ 

Signature Print or type name here                              Print Name Here 

 ________________________________________ ________________________________________ 

Signature Print or type name here                               Print Name Here 

STATE OF NEVADA, COUNTY OF _____________________    This instrument was acknowledged before me on ____________ (date)  

By _________________________________________

        Person appearing before notary.

 _________________________________________                                                NOTARY SEAL

Person(s) appearing before notary. 

___________________________________________

Signature of notarial officer Notary Seal 

CONSULT AN ATTORNEY IF YOU DOUBT THIS FORM FITS YOUR PURPOSE. NOTE: Do not write in 1-inch margin. Revised Sept. 2019

What is not protected are debts secured by a mortgage, a deed of trust, payment of taxes, IRS lien, mechanic’s lien, child support or alimony payments and your association assessments: The statute listed below states that any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restrictions, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070 is not exempted by the homestead statute. The statute does have exclusions which include the mortgage on the property or contractual liens that exclude the homestead exemption.

  NRS 115.010  Exemption from sale on execution and from process of court; amount of exemption; exceptions; extension of exemption.

      1.  The homestead is not subject to forced sale on execution or any final process from any court, except as otherwise provided by subsections 2, 3 and 5, and NRS 115.090 and except as otherwise required by federal law.

      2.  The exemption provided in subsection 1 extends only to that amount of equity in the property held by the claimant which does not exceed $605,000 in value, unless allodial title has been established and not relinquished, in which case the exemption provided in subsection 1 extends to all equity in the dwelling, its appurtenances and the land on which it is located.

      3.  Except as otherwise provided in subsection 4, the exemption provided in subsection 1 does not extend to process to enforce the payment of obligations contracted for the purchase of the property, or for improvements made thereon, including any mechanic’s lien lawfully obtained, or for legal taxes, or for:

      (a) Any mortgage or deed of trust thereon executed and given, including, without limitation, any second or subsequent mortgage, mortgage obtained through refinancing, line of credit taken against the property and a home equity loan; or

      (b) Any lien to which prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

 by both spouses, when that relation exists.

      4.  If allodial title has been established and not relinquished, the exemption provided in subsection 1 extends to process to enforce the payment of obligations contracted for the purchase of the property, and for improvements made thereon, including any mechanic’s lien lawfully obtained, and for legal taxes levied by a state or local government, and for:

      (a) Any mortgage or deed of trust thereon; and

      (b) Any lien even if prior consent has been given through the acceptance of property subject to any recorded declaration of restrictions, deed restriction, restrictive covenant or equitable servitude, specifically including any lien in favor of an association pursuant to NRS 116.3116 or 117.070,

 unless a waiver for the specific obligation to which the judgment relates has been executed by all allodial titleholders of the property.

      5.  Establishment of allodial title does not exempt the property from forfeiture pursuant to NRS 179.1156 to 179.121, inclusive, 179.1211 to 179.1235, inclusive, or 207.350 to 207.520, inclusive.

      6.  Any declaration of homestead which has been filed before July 1, 2007, shall be deemed to have been amended on that date by extending the homestead exemption commensurate with any increase in the amount of equity held by the claimant in the property selected and claimed for the exemption up to the amount permitted by law on that date, but the increase does not impair the right of any creditor to execute upon the property when that right existed before July 1, 2007.

      [Part 1:72:1865; A 1879, 140; 1949, 51; 1943 NCL § 3315] — (NRS A 1965, 281971, 5751975, 2159811977, 93314921979, 9841981, 6251983, 1046621985, 131989, 36461991, 5791995, 2251997, 34192003, 87910082005, 101022262007, 20530262017, 7812019, 290)

      NRS 115.020  Declaration of homestead: Contents; recording; notice required of person who charges fee for recording declaration; rights not extinguished by certain conveyances; rights of trustee; penalty.

      1.  The selection must be made by either spouse, or both of them, or the single person, declaring an intention in writing to claim the property as a homestead. The selection may be made on the form prescribed by the Real Estate Division of the Department of Business and Industry pursuant to NRS 115.025.

      2.  The declaration must state:

      (a) When made by a married person or persons, that they or either of them are married, or if not married, that he or she is a householder.

      (b) When made by a married person or persons, that they or either of them, as the case may be, are, at the time of making the declaration, residing with their family, or with the person or persons under their care and maintenance, on the premises, particularly describing the premises.

      (c) When made by any claimant under this section, that it is their or his or her intention to use and claim the property as a homestead.

      3.  The declaration must be signed by the person or persons making it and acknowledged and recorded as conveyances affecting real property are required to be acknowledged and recorded. If the property declared upon as a homestead is the separate property of either spouse, both must join in the execution and acknowledgment of the declaration.

      4.  If a person solicits another person to allow the soliciting person to file a declaration of homestead on behalf of the other person and charges or accepts a fee or other valuable consideration for recording the declaration of homestead for the other person, the soliciting person shall, before the declaration is recorded or before the fee or other valuable consideration is charged to or accepted from the other person, provide that person with a notice written in bold type which states that:

      (a) Except for the fee which may be charged by the county recorder for recording a declaration of homestead, a declaration of homestead may be recorded in the county in which the property is located without the payment of a fee; and

      (b) The person may record the declaration of homestead on his or her own behalf.

 The notice must clearly indicate the amount of the fee which may be charged by the county recorder for recording a declaration of homestead.

      5.  The rights acquired by declaring a homestead are not extinguished by the conveyance of the underlying property in trust for the benefit of the person or persons who declared it. A trustee may by similar declaration claim property, held by the trustee, as a homestead for the settlor or for one or more beneficiaries of the trust, or both, if the person or persons for whom the claim is made reside on or in the property.

      6.  A person who violates the provisions of subsection 4 is guilty of a misdemeanor.

      [Part 1:72:1865; A 1879, 140; 1949, 51; 1943 NCL § 3315] — (NRS A 1971, 5751983, 6621985, 131995, 2262009, 452017, 782)

If you have any questions regarding the filing of a homestead, please call our office.  If you have not filed a homestead on your primary residence, I urge you to take this simple step to protect your home today.

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-Hunt, 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-Hunt, 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 TheOneLaweyer.com, Laura Marie Payne-Hunt 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-(HUNT) 4868 and text 24/7 at 702-600-0032. 

DEBTOR RIGHTS IN NEVADA

This blog is a brief overview of what the Fair Debt Collection Practices Act is and how it applies to consumers.  https://www.ftc.gov/news-events/media-resources/consumer-finance/debt-collection .   The ACT can be found at 15 U.S. Code § 1692. https://www.govinfo.gov/content/pkg/USCODE-2011-title15/pdf/USCODE-2011-title15-chap41-subchapV-sec1692e.pdf 

What Type of Bills and Debts Are Covered?

Almost all types of consumer debt is covered by the Fair Debt Collection Practices Act. This would include your personal credit cards, automobile loans, medical bills, student loans, mortgages, short term loans, and any other household debts that are owed. It is important to note that business debts are not covered by the Fair Debt Collection Practices Act. Only personal debts.

Times and Place That Debt Collectors Can Contact Consumers

A debt collector cannot call you at any time they want or at any place they want. They are not permitted to contact you at inconvenient times or places. In fact, they are not permitted to call before 8 AM or after 9 PM.  Therefore, if you receive calls from debt collectors outside of those times, they are violating the Fair Debt Collection Practices Act. Also, it is very important to note that they are not allowed to contact you at work if you advise them not to call you at your place of work. So, if you are at work and you receive a call from a debt collector, you need to immediately tell them that they are calling you at your work and that it is not permitted.   Advise them not to contact you again at work and document the call. Take a screen shot of the call log and if they call you again do the same.

Ways to Stop Debt Collectors from Contacting You

It is important to note that the collectors can still use the courts and file a civil lawsuit against you if the debt is not too old and the debt is owed.  However, they must not contact you to try to collect a debt in inappropriate ways. If you want them to stop calling you, send them a letter. It is best to have proof the letter was sent either by fax or certified mail with a return receipt. When a debt collector receives a letter from a consumer, they must stop contacting you by phone. They can still file a civil lawsuit, but they cannot continue to call and harass you after they receive the notice. Also, if you are represented by an attorney and you advise the debt collector that you have hired an attorney regarding the debt, the debt collector must only communicate with your attorney from that point forward. Many debt collectors ignore this as has been the experience of our office. If you do not believe that you owe the debt, send them a letter immediately advising that you dispute the debt that they are claiming that you owe. If you are not sure of the debt for which they are calling, they must give you the information regarding the origination of the debt. Be very careful to never share any personal or financial information with the debt collector because they often engage in illicit practices.

Debt Collectors Cannot Contact Third Parties About Your Debt

Debt collectors are prohibited by that Fair Debt Collection Practices Act from discussing your debt with anyone else except you, your spouse or your attorney if you are represented. They are permitted to contact people you know to obtain your address or phone number, but they cannot discuss the debt with those people.

The Debt Collector Must Be Truthful and Give You Information About the Debt

The law requires the debt collector must send you a validation notice within five days of their first contact with you. The notice is required to state the amount of the debt that is owed, the name of the creditor who is owed the money, and instructions for you to refute the debt if you do not believe that you owe that particular debt.

You Believe You Do Not Owe the Debt

Debt collection agencies are hired by creditors to obtain money that is believed to be owed.  The debt collector receives a small percentage of the amount they recover. Debt collectors generally have very little information about the validity of the actual debt itself. If you do not believe that you owe the debt, send the debt collector a letter.  It is important to make sure you have proof that it was sent either by fax or by certified mail.   Advise the debt collector that you do not owe the debt and to stop contacting you.

Debt Collectors Are Prohibited from Engaging in Certain Conduct

Debt collectors will use all sorts of illicit tactics to attempt to get people to pay money even if they do not owe the debt. There are specific things that they are not permitted to do by the statute, but often continue to engage in. The following is a short list of specific practices that debt collectors are not allowed to do when trying to collect money that is owed:

1. They are not allowed to use any obscene or profane language when speaking to you;

2. They are not allowed to threaten you or your family with violence or harm in anyway;

3. They are prohibited from repeatedly calling you to annoy you;

4. They cannot lie about the amount of the debt that you owe;

5. They are prohibited from claiming that they are attorneys or government representatives. We see this frequently in our practice. A debt collection agency will send a letter and use a law firm name at the top. When we contact the alleged law firm, they have no record of the debt or the attempted collection;

6. They cannot claim or make false assertions that you would be arrested, or some other legal action taken against you that is not allowed in order to attempt to coerce you to pay the debt;

7. They are also prohibited from attempting to collect interest fees or charges on top of the amount owed unless whatever contract the debt stems from allowed for such costs;

8. They are prohibited from asking you to send a post-dated check meaning a check that is dated at some time in the future for them to deposit to collect the debt;

9. They are prohibited from threatening you that they will take your property unless it can actually be legally done, which would be very unusual. The debt would have to be larger than the value of the property and they would have to obtain a legal judgment in a court through a lawsuit filed against you and then they would have to file a separate lien action.  At that time, they would have to actually try to foreclose on a lien on a piece of real property which is not always permitted by the court.  This is why you should file a homestead on your home. https://www.leg.state.nv.us/Division/Research/Publications/Factsheets/HomesteadExemption.pdf

If debt collectors are harassing you or trying to collect more than one debt, you may choose which debt you would like to make a payment regarding.   A debt collector is prohibited from applying a payment to any debt that you dispute. If you do receive a lawsuit from a debt collection agency it is very important that you respond or have an attorney respond. If you fail to make any response to an actual lawsuit that is served on you by Process Server, they could get a default judgment against you and execute that judgment meaning collect that judgment on your property including bank accounts or your job through a garnishment of your wages. If you receive any type of lawsuit on a debt, it is important to contact an attorney or the legal aid society to get help and respond to the lawsuit.  https://www.lacsn.org/ 

Statutes of limitations On Collecting Debts

In Nevada, most debts are subject to the six-year statute of limitations meaning that if the debt was contracted more than six years ago the statute of limitations has run and they can no longer collect this money against you. This is referred to as “time barred” in the law. We have seen in our practice at TheOneLawyer.com, debt collectors attempt to collect debts that are older than six years against clients. Every state has a different statute of limitations but in Nevada it is six years. Before you pay any debt that is alleged to be owed make sure you find out where the debt originates and on what date they alleged that the debt was incurred. If it is more than six years from the present date, they are time barred from collecting that debt and they will no longer be permitted to file a lawsuit on that debt. If the debt is time-barred, immediately send the creditor a letter and advise them that it is time barred and that you are not paying the debt. 

Remedies for illegal debt collection

If a debt collector has used any of these illegal processes to attempt to collect a debt from you, you should contact the appropriate agency to report their actions. You have options. You can report their contact to your state Attorney General’s office to take action. You can also report their actions to the Federal Trade Commission https://www.ftc.gov/  or the Consumer Financial Protection Bureau. https://www.consumerfinance.gov/  In addition, some states have their own debt collection laws.  Nevada’s law follows the Fair Debt Collection Practices Act closely. Unfortunately, the remedy under the act is not as strong as it needs to be to prevent abuse. This is likely why many debt collectors ignore the law.   The penalty is too small. You can sue a debt collector in state or federal court within one year of the date that they violated the act. However, damages are limited to $1000 for reimbursement for attorney’s fees and court costs. It is permissible to bring a class action lawsuit for a violation of the Fair Debt Collection Practices Act. However, damages for such a suit are also limited under the act for which I highly disagree. Damages for violating the act in a class action suit are limited to $500,000 or 1% of the debt collectors net worth, whichever is lower. It is perplexing that Congress chose to put in such a low deterrent for violation of this important federal statute. However, with such a low recovery potential, it is difficult to find an attorney to incur the costs of a class action to go after debt collectors for their illegal practices.  This is likely why you may find yourself in a situation where debt collectors are in fact, violating the statute.

If you are in a situation where they are contacting you, be sure to put in writing that you either do not owe the debt or you wish to make some payment arrangement in order to have them stop calling you and try to resolve the debt as best you can. If you have any questions regarding any debt that you may be getting calls on and you have a question about their debt collection practices,  please do not hesitate to call us here at the TheOneLawyer.com for answers to your questions.

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 and property owners.  At the Law Offices of Laura Payne-Hunt, 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-Hunt, 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 TheOneLaweyer.com, Laura Marie Payne-Hunt 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 debts, 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-(HUNT) 4868 and text 24/7 at 702-600-0032. 

WHAT IS A FIVE-DAY NOTICE OF UNLAWFUL DETAINER?

This is a Notice used for a Tenant-at -Will, meaning a tenant without a lease.  In the state of Nevada, a landlord is required to serve a tenant with a “Five Day Notice of Unlawful Detainer” to advise the tenant that their tenancy-at-will is ending. This notice instructs the tenant to leave the property. This notice is always preceded by a five-day notice that the tenancy at Will is ending. The unlawful detainer notice is the second noticed that a tenant will receive when the evection proceedings begin for a tenant at will.

What is a Tenant-at-Will?

Under the law, “tenancy-at-will” is the type of tenancy that exists when the tenant (known as a tenant- at-will) is residing on the premises with the consent of the landlord (either express or implied) for an indefinite period of time where no lease for that tenant is in place. The tenancy can be terminated by either party at it anytime. (See the case of Baker versus Simonds, 79 Nev. 434, 386 P 2d. 86, 1963 (also See 49 Am. Jur. 2d. Landlord Tenant section 118)

An example of a tenancy-at-will most commonly occurs where a landlord allows the tenant to stay on the property without a lease, the tenant is the guest on the property with the owner’s permission. The tenant is allowed to leave at any time and the owner can also have the guest leave at any time. Tenancy at will means that either the landlord or the tenant can terminate the tenancy at their discretion for any reason. No cause needs to be given to end the tenancy when the tenancy is at will. That is because there is no contract between the landlord and the tenant with which is commonly a lease agreement.  

In an action for unlawful detainer or ejectment from the property, there is no landlord tenant relationship and no lease in place.   In an unlawful detainer action, the person is being asked to leave the property because they have no lease agreement in place or because they are a squatter on the property. This often happens when premises are leased to a tenant and the tenant leaves and allows a family member or someone else to stay on the property to pay rent. That person has no legal rights and can be removed at any time at the landlord’s discretion.

When a five-day notice of unlawful detainer is served that gives the person residing on the premises notice that they must leave in five days. In Nevada, for a five-day notice (because the Courts are only open four days a week) it usually gives the tenant 8-10 days to vacate the premises.  This is because the only days that are counted are days the Court is open.  Therefore, the five days means five court days — meaning that Fridays are not counted, and neither are weekends or legal holiday. The notice runs from the day after it is served on the tenant to the end of the fifth legal day. 

To illustrate the calculation of the time, is a Tenant is served a Five-Day Notice of Unlawful Detainer on a Monday, 

Monday – the day of service is not counted.
Tuesday – is counted as day # 1.
Wednesday – is counted as day # 2.
Thursday – is counted as day # 3.
Friday – is counted as day # 4.
Saturday – weekend days are not counted.
Sunday – weekend days are not counted.
Next Monday – is counted as day # 5 and the Tenant has until the close of court to respond. .
Next Tuesday – is counted as day # 6 and that is the first day of expiration and Summary eviction can then be filed.

The following is the Nevada Form used for Unlawful Detainer. This form must be served by a licensed process server, attorney or constable.  (Note: attorneys rarely engage in serving notices and generally retain a licensed process server).

FIVE-DAY NOTICE OF UNLAWFUL DETAINER

(NRS 40.254)

TO:                                                                                                                                     FROM:

Tenant(s) Name(s) Landlord’s Name

Address         Address

City, State, Zip Code        City, State, Zip Code

DATE OF SERVICE: __________________ Telephone Number

YOU ARE GUILTY OF AN UNLAWFUL DETAINER.

YOU ARE REQUIRED TO QUIT THE PREMISES.

YOU MAY CONTEST THIS NOTICE by filing an Affidavit (or Answer) before the court’s close of business on the fifth (5th) full judicial day 1 following the Date of Service of this notice, with the Justice Court for the Township of (insert name of township where property is located), stating that you are not guilty of an unlawful detainer. The Justice Court is located at (insert Justice Court’s address):

__________________________

YOU CAN OBTAIN AN AFFIDAVIT/ANSWER FORM AND INFORMATION at the Civil Law Self-Help Center, located at the Regional Justice Center in downtown Las Vegas, or on its website, www.civillawselfhelpcenter.org.

If the court determines that you are guilty of an unlawful detainer, the court may issue a summary order for your removal or an order providing for your non-admittance, directing the sheriff or constable to post the order in a conspicuous place on the premises not later than 24 hours after the order is received by the sheriff or constable. The sheriff or constable shall then

remove you not earlier than 24 hours but not later than 36 hours after the posting of the order. You may request that the court stay the execution of the order for removal or non-admittance for a period of no more than 10 days by stating the reasons why a stay is warranted.

Pursuant to NRS 118A.390, you may seek relief if a landlord unlawfully removes you from the premises, or excludes you by blocking or attempting to block your entry upon the premises, or willfully interrupts or causes or permits the interruption of an

essential service required by the rental agreement or chapter 118A of the Nevada Revised Statutes.

DECLARATION OF SERVICE

On (insert date of service) _____________________________, I served this notice in the following manner (check only one):

c By delivering a copy to the tenant(s) personally.

c Because the tenant(s) was absent from tenant’s place of residence, by leaving a copy with (insert name or physical description

of person served) ____________________________________________, a person of suitable age and discretion, AND

mailing a copy to the tenant(s) at tenant’s place of residence.

c Because neither tenant nor a person of suitable age or discretion could be found there, by posting a copy in a

conspicuous place on the property AND mailing a copy to the tenant(s) at the place where the property is situated.

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct.

_______________ _________________________ _______________________ ________

(Date)                           (Server’s Name)                                           (Server’s Badge/License #) 2 (Server’s Signature)

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 and property owners.  At the Law Offices of Laura Payne-Hunt, 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-Hunt, 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 TheOneLaweyer.com, Laura Marie Payne-Hunt 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-(HUNT) 4868 and text 24/7 at 702-600-0032. 

WHAT IS A FIVE-DAY NOTICE TO QUIT OR PAY RENT?

In the state of Nevada every eviction by landlord against the tenant begins with some type of notice. There are several types of notices that are used, and they can be found at https://www.civillawselfhelpcenter.org/forms/eviction-housing-forms. This blog is one of a series of blogs that describes each notice, why it is used, and what ramifications follow when the notice is presented. Each eviction situation is different and various notices apply to specific separate situations. There are different notices for manufactured homes and non-manufactured homes. The average cost of the process for landlord to evict a tenant, not including attorney’s fees, is usually around $200 from start to finish depending on each specific situation. Evictions can vary in time greatly and can take anywhere from 10 days all the way up to 180 days which are dependent on the specific circumstance of each specific case. Interestingly, Nevada Revised Statute 118A.390 makes it illegal for a landlord to independently –by himself — carry out the entire addiction. A landlord cannot lock out a tenant without the involvement of the court, the sheriff, or the constable. In addition, a landlord cannot try to force the tenant from the property by making the conditions uninhabitable by doing things like turning off power or water to the property. This blog will specifically address the five day notice to quit or pay rent and discuss when and why it is used.


Specifically, a “Five day notice to quit or pay rent” can be served on the tenants on the first day that the tenants rent becomes delinquent under the lease– setting aside in a grace period. This notice advises the tenant they have five days to pay the rent that is delinquent or vacate the property. If they do not vacate the property, the notice will be followed by the posting of a five-day notice of unlawful detainer meaning that the tenant is now in unlawful possession of the property and must vacate the property.  Most evictions for non-payment of rent in Clark County start with the serving of the Five day notice to quit or pay rent and are then followed by the five-day notice of unlawful detainer.  The five-day notice of unlawful detainer is the last step to precede the filing of a summary eviction. Once a notice of unlawful detainer notice is given, the tenant occupancy of the premises has been deemed unlawful. In almost every case, the notice of unlawful detainer will follow other notices that had been given and expired.

If you are a tenant and unable to pay rent, and you are served with a five day notice to quit or pay rent that form., As indicated by the form above is your landlord’s admonition that you will be removed from the premises if you do not pay the rent owed within five days. Five days is calculated by days Monday through Thursday not counting the date that the notice was served. Fridays Saturdays and Sundays and legal holidays are not calculated within the five days. If the five days lapses and the tenant has not paid rent, the landlord will serve a five day notice unlawful detainer. If the tenant does not leave the property at the expiration of the five-day notice of unlawful detainer, the landlord can submit a summary motion and submit lock out instructions to the constable. The constable will then take the courts order granting eviction and change the locks on the premises. The following is the form Five day notice to quit or pay rent used in Nevada for non-payment of rent.

FIVE DAY NOTICE TO QUIT OR PAY RENT (form)

TO: FROM: 

Tenant(s) Name(s): Landlord’s Name 

Address 

City, State Zip Code City State Zip Code 

Date of Service: Manner of Service: [ ] Personal 

[ ] Substituted/Mailing 

[ ] Posting/Mailing 

PLEASE TAKE NOTICE that you are in default in payment of rent for the above described premises in the sum of $__________________________________ for the period commencing from to ___________________. Rental payment(s) became delinquent on . 

Your failure to pay rent, leave the premises, or contest this Notice within five (5) judicial days1 may result in the landlord applying to the Justice of the Peace of the Township for an Eviction Order. 

1 Judicial days do not include the date of service, weekends, or certain legal holidays. 

If the Justice of the Peace determines that you are guilty of an unlawful detainer, the Justice of the Peace may thereupon issue a summary order to remove you from, or provide for your non-admittance to, the above described premises that directs the constable or sheriff of this county to remove you within 24 hours after receipt of the order. 

The tenant is hereby advised of his right to contest this Notice by filing, with the Justice of the Peace of the Township, an Affidavit stating that he is not in default in the payment of rent. 

The tenant may also file an Affidavit requesting relief from the above referenced Justice of the Peace, pursuant to Nevada Revised Statute (NRS) 118A.390, if the landlord has unlawfully removed the tenant from the premises or has excluded the tenant by blocking, or attempting to block, the tenant’s entry upon the premises; or if the landlord willfully interrupts or FIVE-DAY NOTICE TO PAY RENT OR QUIT causes or permits the interruption of an essential service required by a the governing rental agreement or chapter 118A of NRS. 

The Justice of the Peace is located at ____________________________ ___________________________________. The Affidavit must be filed with the Court no later than noon on the fifth full judicial day following the date of service. The Affidavit may be accessed at the Nevada Supreme Court Self-Help Center at its website at http://www.nevadajudiciary.us/ 

DECLARATION OF SERVICE 

On __________________, I served this Notice in the following manner (select one): 

[ ] By delivering a copy to the tenant(s) personally, in the presence of a witness (the server, witness, and tenant must all sign a copy of the notice); 

(date) (type or print witness’ name) (witness’ signature) 

Tenant’s Signature OR 

[ ] Because the tenant(s) were absent from their place of residence or from their usual place of business, by leaving a copy with __________________________, a person of suitable age and discretion, at either place and mailing a copy to the tenant(s) at their place of residence or place of business; OR 

[ ] Because the place of residence or business could not be ascertained, or a person of suitable age or discretion could not be found there, by posting a copy in a conspicuous place on the property, delivering a copy to a person there residing, if the person could be found, and mailing a copy to the tenant(s) at the place where the property is situated. 

I declare under penalty of perjury under the laws of the State of Nevada that the foregoing is true and correct. 

(date) (type or print server’s name) (server’s signature)

 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 and property owners.  At the Law Offices of Laura Payne-Hunt, 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-Hunt, 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 TheOneLaweyer.com, Laura Marie Payne-Hunt 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-(HUNT) 4868 and text 24/7 at 702-600-0032. 

What Is A Thirty Day “No Cause” To Quit

Thirty Day “No Cause” To Quit

The law in the state of Nevada requires a landlord to give a tenant a certain amount of time to vacate the property for an eviction when the lease is expired, and the landlord wants his legal property vacated. In fact, under the Nevada Revised to statutes, a 30-day notice is required to be provided to the tenant who is a monthly tenant (or a seven-day notice if the tenant pays rent weekly) in order to begin the eviction process of a tenant who does not have a lease any longer. 

A “No-Cause” termination notice to vacate can only be used when a tenant is not bound by a lease. The 30-day notice is followed by a five-day notice of unlawful detainer.  If the tenant has not vacated the property at that time, a summary eviction will be filed along with lockout instructions to that constable.   The 30 days excludes the date that the notice was served.   The 30-day notice counts all calendar days 30 days following the date served. Notices under 30 days do not count weekends, legal holidays, or Fridays for purposes of calculating the number of days. 

The Thirty Day “No Cause” To Quit notice must be followed by a five-day notice that informs the tenant that they are required to leave because the presence is no longer lawful.  The five-day notice is called a “Five-Day Notice of Unlawful Detainer” and if this notice is served after the 30 days expires by a licensed Process Server, the constable will lock the tenant off the property at the expiration of the five days.  

Service of The Notice on The Tenant

In order to evict a tenant without cause, who is not under a lease, a person vested with legal authority must serve the tenant with the following two documents at two separate times as follows:

1. The landlord must serve Thirty Day “No Cause” To Quit if the tenant pays rent by the month and can serve a Seven Day “No Cause” To Quit if the tenant is a weekly renter pursuant to NRS 40.251(1)(b)(1); and following the expiration of the 30 day the landlord must serve the same tenant with a;

2. A Five-Day Notice to Quit for Unlawful Detainer pursuant to NRS 40.254.

It is important to point out that each of these notices is required to be “served “on the tenet by a sheriff, licensed Process Server, constable, or agent of an attorney licensed in Nevada in order for service to be considered valid. In other words, a landlord cannot serve this notice him or herself pursue it to NRS 40.280(1)

These notices are required to conform to the statute very carefully and are almost always the forms provided by the courts. These forms can be located at the civil law self-help center and can be downloaded from https://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions

All of these notices must be very specific and filled out accurately.  They can be typed or written in legible handwriting. These forms cannot be altered in anyway. If you would like additional information, go to https://www.civillawselfhelpcenter.org/self-help/evictions-housing/evictions.

Requirements of The Notice

The Thirty Day “No Cause” To Quit and Seven Day “No Cause” To Quit notices must contain very specific information and follow very specific guidelines. The notice must state the date the landlord expects the tenant to move which must be at least 30 days after the notice was served not counting the date of service. See NRS 40.251(1)(b)(1)(II) or at least seven days after a seven-day notice is served for a weekly tenant.

If the tenant is a monthly tenant who is 60 years or older and has a mental disability or physical disability, that tenant is provided means by law to request to remain on the rental property for an additional 30 days. Such requests must be in writing to the landlord and provide proof of age or disability. See you Nevada revise statute 40.251(2).  These rules are codified in the statute below:

NRS 40.251  Unlawful detainer: Possession of property leased for indefinite time after notice to surrender; older person or person with a disability entitled to extension of period of possession upon request; federal worker, tribal worker, state worker or household member of such worker may request extension of period of possession.

1.  A tenant of real property, a recreational vehicle or a mobile home for a term less than life is guilty of an unlawful detainer when having leased:

(a) Real property, except as otherwise provided in this section, or a mobile home for an indefinite time, with monthly or other periodic rent reserved, the tenant continues in possession thereof, in person or by subtenant, without the landlord’s consent after the expiration of a notice of:

             (1) For tenancies from week to week, at least 7 days;

             (2) Except as otherwise provided in subsection 2, for all other periodic tenancies, at least 30 days; or

             (3) For tenancies at will, at least 5 days.

      (b) A dwelling unit subject to the provisions of chapter 118A of NRS, the tenant continues in possession, in person or by subtenant, without the landlord’s consent after expiration of:

(1) The term of the rental agreement or its termination and, except as otherwise provided in subparagraph (2), the expiration of a notice of:

                   (I) At least 7 days for tenancies from week to week; and

                   (II) Except as otherwise provided in subsection 2, at least 30 days for all other periodic tenancies; or

             (2) A notice of at least 5 days where the tenant has failed to perform the tenant’s basic or contractual obligations under chapter 118A of NRS.

(c) A mobile home lot subject to the provisions of chapter 118B of NRS, or a lot for a recreational vehicle in an area of a mobile home park other than an area designated as a recreational vehicle lot pursuant to the provisions of subsection 8 of NRS 40.215, the tenant continues in possession, in person or by subtenant, without the landlord’s consent:

(1) After notice has been given pursuant to NRS 118B.115118B.170 or 118B.190 and the period of the notice has expired; or

(2) If the person is not a natural person and has received three notices for nonpayment of rent within a 12-month period, immediately upon failure to pay timely rent.

(d) A recreational vehicle lot, the tenant continues in possession, in person or by subtenant, without the landlord’s consent, after the expiration of a notice of at least 5 days.

2.  Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1, other than a tenancy from week to week, is 60 years of age or older or has a physical or mental disability, the tenant may request to be allowed to continue in possession for an additional 30 days beyond the time specified in subsection 1 by submitting a written request for an extended period and providing proof of the tenant’s age or disability. A landlord may not be required to allow a tenant to continue in possession if a shorter notice is provided pursuant to subparagraph (2) of paragraph (b) of subsection 1.

3.  Except as otherwise provided in this section, if a tenant with a periodic tenancy pursuant to paragraph (a) or (b) of subsection 1 is a federal worker, tribal worker, state worker or household member of such a worker, the tenant may request to be allowed to continue in possession during the period commencing on the date on which a shutdown begins and ending on the date that is 30 days after the date on which the shutdown ends by submitting a written request for the extended period and providing proof that he or she is a federal worker, tribal worker, state worker or household member of such a worker during the shutdown.

4.  Except as otherwise provided in NRS 118A.315, a landlord who receives a request from a tenant pursuant to subsection 3 shall allow a tenant to continue in possession for the period requested.

5.  Any notice provided pursuant to paragraph (a) or (b) of subsection 1 must include a statement advising the tenant of the provisions of subsections 2, 3 and 4.

6.  If a landlord rejects a request to allow a tenant to continue in possession for an additional 30 days pursuant to subsection 2, the tenant may petition the court for an order to continue in possession for the additional 30 days. If the tenant submits proof to the court that the tenant is entitled to request such an extension, the court may grant the petition and enter an order allowing the tenant to continue in possession for the additional 30 days. If the court denies the petition, the tenant must be allowed to continue in possession for 5 calendar days following the date of entry of the order denying the petition.

      (Added to NRS by 1985, 226; A 1989, 10811999, 31952001, 19462003, 24802019, 3177)

Governors Declaration of Emergency Directive 0306 Regarding the Pandemic

Governor Steve Sisolak recently issued another declaration which is in titled Governors Declaration of Emergency Directive 0306. It states that Nevada has instituted another eviction moratorium through March 31, 2021. Under Emergency Directive 036 most evictions are still allowed to proceed in Nevada at least as of the writing of this blog. The Directive extends to the moratorium on eviction ‘s for nonpayment of rent and no cause of actions where the tenant claims and can prove that they are unable to pay rent due to a loss of income from the pandemic. In order to fall under the protections of the moratorium, the onus is upon the tenant to submit the required declaration to the landlord to fall with under the new moratorium protections. In the declaration, the tenant must state that they are a “covered person” under the new moratorium. Under the directive the tenant must declare the following facts to be true and sign under penalty of perjury and in order to be protected by the moratorium:

1. The tenant must declare they are unable to pay the full rent because of the medical expenses they have incurred, or for loss of income or work that is directly related to the COVID-19 pandemic.

2. The tenant must further declare that they are likely to be homeless if they become evicted and have no family members or anyone that they can reside within the event of eviction.

3. Tenant must also declare that they earn less than $99,000 per year or 198,000 if they filed a joint tax return and received a stimulus check.

A tenant that is covered by the moratorium must invoke the protections of the moratorium themselves by filling this declaration ration under penalty of perjury.  

The Federal Government Also Extended the CDC Moratorium

Like the state of Nevada, the federal government also extended the CDC moratorium on eviction but only until January 31 and also requires the same CDC declaration. Under the federal moratorium the individual must also declare that they have use their best efforts to obtain available government assistance for rent and must make the same assertions regarding income and stimulus check and must further state that they are unable to pay the rent in full because of a substantial loss of income or hours or layoff due to the pandemic.

It is important to note that rent is only deferred under the moratorium and must be paid in full be the tenant in the future and a judgment can be later obtained against the tenant and executed against them.  The moratorium is not a waiver of paying rent forever, only a deferment that must be paid in the future by the tenant.

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 and landlords in need of counsel.  At the Law Offices of Laura Payne-Hunt, 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-Hunt, 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 TheOneLaweyer.com, Laura Marie Payne-Hunt 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-(HUNT) 4868 and text 24/7 at 702-600-0032. 

The Legal Road to Vaccine Approval in the US

FIVE STAGES TO VACCINE APPROVAL 

  1. Clinical Development
  2. Animal Testing
  3. Human Limited Testing
  4. Expanded Human Testing
  5. Manufacturing Assessment

Long before vaccines are ever tested on humans, researchers perform extensive laboratory testing and animals to obtain basic information regarding how their prototype works. This phase of the development of a vaccine is known as the pre-clinical phase.

The Clinical Development Phase 

After extensive research and animal testing a drug manufacturer will be ready to begin studies in humans. During this process, they compile the results of laboratory and other pre-clinical experimentation. They also gather documentation pertinent to the potential manufacturing technology and quality control of the vaccine and provide this information to the FDA, a form of what is known as “investigational New drug application. “ 

(IND) The food and drug administration evaluates the application which includes an assessment of the pre-clinical information obtained as well as data regarding how the animal testing was conducted. All testing must be performed to what is known as “good laboratory practices“ there is a whole section of regulation that defines “good laboratory practices.“ In the interests of time I will simply point out that it is a rigorous and highly structured process that they must follow to present and preserve their clinical research and studies.  The FDA also conducts its own testing and assessment of the product to determine its quality and safety. The FDA also investigates independently the technology that will be used to manufacture the vaccine and determine if it is reasonably safe to test the vaccine in humans.  Testing that is done regarding human test volunteers is known as the clinical development stage and is conducted through FDA oversight. Clinical trials must be conducted pursuant to the plan that FDA has established. This plan is known as “protocol”.  For example, part of this protocol requires that vaccines that are generally intended for children are only tested on adults first. There are basically three phases that must go forward in order for a vaccine to reach approval. However, the phases do tend to overlap each other.

Human Testing Phases

Phase 1:  Phase 1 of the clinical trials safety protocol usually requires that anywhere from 20 to 100 volunteers who have not been exposed to the disease or virus being studied and are generally in good health participate in the study. This first phase of the study is used to determine whether there are serious adverse reactions and determine the dose needed. This early phase gives researchers information about how well the vaccine is in inducing an immune response in humans. 

Phase 2: Phase 2 involves the testing of volunteers who did not react to the vaccine adversely from phase 1 along with additional volunteers take the vaccine. This is also the phase where dosages are tested on people with varying health states from different demographic groups. They are randomized controlled studies. During these studies, the scientists are able to obtain additional safety information on short term side effects and risks. During this phase, scientists also look at the relationship between the dose administered and the immune response of the volunteers to provide additional information about the effectiveness of a vaccine.  These are standard and validated tests that have been used for decades in the promulgation of all of the vaccines that we currently have. These phase 2 studies also include a control group of people who receive a placebo, meaning they think they are actually getting the vaccine when they really are not.  That group is then studied in comparison to the group that actually receives the vaccine. Once these studies are completed on human test volunteers and this data is gathered and safety concerns are addressed, studies move onto the phase 3 process.

In phase 3 of the testing, the vaccine is given to thousands of people in a study that generates important information on whether the proposed vaccine is effective as well as obtaining additional safety information regarding the vaccine. This phase also gives scientists more information about the effects of the vaccine on the volunteer’s immune response and compares their response to those who receive the placebo. The best way to explain this phase Is looking at the number of people who actually get the disease versus the number of people in the control group getting the disease to see if the incidence is less. 

Expediting the Process for Public Emergency

Historically this process has taken several years to complete. However, with a nation (and actually the world) facing a pandemic, the process can be expedited. In the COVID-19 situation, United States government used government agencies, international counterparts, academic world, nonprofit organizations, and pharmaceutical companies to all develop a coordinated research effort to speed the development of a vaccine for the coronavirus. The federal government also can make investments for manufacturing the vaccine giving companies financial security in knowing that their expenditures in research and development will be compensated for when the vaccine is produced. In recognizing the urgent need for a coronavirus vaccine, the Food and Drug Administration exercised its authority and expertise to assist in facilitating a quicker production of a safe and effective vaccine. During this pandemic.  the FDA gave clear directive to the pharmaceutical industry pertaining to scientific data and information that would be needed to produce a safe and effective vaccine that works quickly. NDFDA also provided advice on their proposed development plans. Additionally, in order to expedite approval, manufacturers are allowed to submit an “emergency use authorization“from the FDA.

The Manufacturing Process

In addition to the safety of the proposed vaccine for human use, DFDA also investigates information pertaining to the safe manufacturing of the vaccine and where it will be made. It is complex to manufacture a vaccine and any candidate for the vaccine that makes it to this phase 3 studies will produce the vaccine in batches. The FDA requires manufactures of the vaccine to submit data to support the process of manufacturing facilities versus quality of the final product and they must demonstrate they can consistently produce a quality vaccine. The FDA works closely with the manufacture to develop and release protocol which is basically the requirements of each batch testing that will be conducted on every batch of the vaccine that is pretty. Every batch of the vaccine that is produced must be tested and receive approval. It is not a onetime approval process. The FDA consistently overseas the oversight of the production of the vaccine even after the development stage. Once manufacturing begins the FDA works closely with the manufacture to develop and release a protocol which is basically the requirements of each batch testing that will be conducted on every batch of the vaccine that is produced. Every batch of the vaccine that is produced must be tested and receive approval. It is not a onetime approval process. The FDA consistently oversees the oversight of the production of the vaccine even after the development stage. 

Final Approval

A company seeking final approval must submit the Biologics License application (BLA) to the FDA. The Biologics license application is a comprehensive proposal that is submitted to the FDA that includes Data regarding the safety and effectiveness of the vaccine as has been evidenced by the clinical and pre-clinical studies as well as manufacturing and facility information to ensure that the vaccine can be produced as required consistently. Once the FDA evaluates the application and decides whether to approve the vaccine for use in the United States, production begins.

Factors considered to approve a vaccine

Vaccine approval is a complex and risk benefit analysis that the FDA undertakes. The analysis considers all the clinical studies as well as the public need for the vaccine. The FDA looks at the Biologics Licensing Application and makes a determination whether or not to approve a vaccine. The team on the FDA that makes this decision is generally comprised of pharmacologists, toxicologists, experts in post marketing safety, doctors, chemists, statisticians, microbiologists, clinical study site inspectors, manufacturing and facility inspectors, labeling and communication experts. It is an impressive team of scientists that determines whether a vaccine will be approved.

Oversight Following Approval

Like any medication, vaccines have risks and benefits and no vaccine will ever be 100% effective in preventing disease. Most vaccines have some side effects which are generally mild and short-lived. In the United States, the FDA’s evaluation and approval process for vaccines is rigorous and comprehensive. However, even after the vaccine is approved, there is ongoing surveillance by the FDA to identify any common adverse reaction or complications from the vaccine as well as to monitor the effectiveness of the vaccine.   During this time, the FDA may require the manufacturer to conduct post marketing studies to further address potential risks. The vaccine is closely monitored to determine possible concerns or adverse risks.

The vaccine approval process is something that is not taken lightly by the FDA and the scientific and protocols required to produce a vaccine are rigorous and intense. It is a team of scientists from various fields that ultimately determine whether a vaccine can be approved. Once produced, vaccines are considered to be safe for the majority of the population and the risk of a disease striking the population is greater than the risk of the minor side effects of the vaccine.

From all of us at the TheOneLawyer.com, we wish you and your family a very happy holiday. In these difficult times, we hope you enjoy all your unique, special holiday traditions in a safe and controlled environment.  When traveling during the holidays, look at some of my past blogs regarding injuries that can occur on vacation and issues arising with rental cars.   We hope that you travel safely.

 If you or a loved one is injured call our office immediately.  If you have been in any type of accident and have questions, please do not hesitate to contact our offices today.  At my 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 reviewed thousands of auto accident claims and policy provisions.   

          At the Law Offices of Laura Payne Hunt we 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 offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, 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-(HUNT) 4868 and text 24/7 at 702-600-0032. 

WILL THERE BE A SECOND STIMULUS CHECK PACKAGE THROUGH THE HEROS ACT

FIVE ISSUES OF DEBATE FOR THE HEROS ACT

  1. Second stimulus payments of $1,200 (seems to be agreed)
  2. Liability protection for Business’s for illness of customers (not agreed)
  3. Aid for State and  local governments (not agreed) 

As difficult as it is to accept, the pandemic continues in this country at full force. I think like many of us, I keep hoping to wake up and see that the cases are dropping dramatically. Although we are all praying that day will come, sadly it has not come yet. It has been over a week since the federal stimulus funding of $600.00 a week for federal unemployment benefits has officially expired on August 1, 2020 and several weeks since the last payments went out in 49 states. Unfortunately, our lawmakers have failed to reach an agreement on the next stimulus relief package, although our majority democratic house has passed a bill that has been on the table for many weeks.

As the raging partisan debate goes on, Americans continue to suffer.   Our kids are at a standstill in their education and this country continues its spiral downward.   Our schools are in chaos, our economy is in turmoil, and our morale is in mourning for all of the loss that has been suffered by so many families.  Life events continue to be missed and the sadness most of us are feeling during this dreadful time is plaguing all aspects of our existence.  Meanwhile, Congress sits on the hill refusing to relieve American panic and misery making little progress in reconciling the $3.4 trillion HEROS Act that was passed by the House of Representatives in May.   I won’t even go into the complete lack of leadership for nationally enforced safety protocols that should have been implemented from the beginning.

The Senate revealed their $1 trillion HEALS Act last week, almost 2 1/2 months after the House passed the HEROS Act. In the interim of the infighting, close to 30 million Americans are anxiously awaiting  new benefits as they are now formally cut off from enhanced unemployment benefits and unable to go back to work in the mist of our tragic economic state.   Without leader ship to put a formal plan into place for testing, regulation and protections of the American health, the entirety of the pandemic will likely be one of the most tragic political events of all of our lifetimes.  

While we can all debate the best practices to slow and ease the pandemic, the impact on the economy cannot be denied and the destruction it has caused continues to impact most Americans. So what exactly are the members of the House and the Senate arguing over? Although lawmakers are still far apart on some key issues, there is some agreement on certain elements of the bills.  Chief negotiators Nancy Pelosi, Speaker of the House, Minority Leader Chuck Schumer, Treasury Secretary Steve Mnuchin and  White House Chief of Staff Mark Meadows have reportedly agreed to strike a deal and have a vote by the week of August 10.  Although they are committed to bringing the matter to a vote, the divide between the parties is still great. In fact, it is $2.4 trillion great.

What is Agreed Upon: 

At the writing of this blog it seems that both sides agree about:

  1.  Sending Americans a second stimulus check for approximately $1200 for single filers. 
  2. Shockingly, they also seem to be in agreement at keeping schools closed and childcare closed which leaves this country at the  standstill  it has been that at to this point. 

These seem to be the only issues that the sides agree on.

What is Not Agreed Upon: 

The parties remain at odds on many issues including: 

  1.  Whether to  include state and local governments in the federal relief package;
  2.  Whether to extend federal unemployment benefits. 
  3. Providing a liability shield for businesses against liability for patrons contracting the coronavirus.  This is a difficult matter and I have prepared a subsequent blog regarding a coronavirus release. It is likely that you will frequently see a liability release in the future and currently for everything from schools, to any businesses that start to open including gyms, entertainment facilities and even salons.

The federal provision to protect businesses is not something that I would disagree with as long as businesses are held to the highest standard and follow guidelines to protect their clients and employees. The problem with a blanket protection is that it must also come with blanket requirements of protection which we have not had to date. I believe that the biggest problem with regulation during the pandemic has been the failure of our leadership to immediately and swiftly put safety measures into place, everything from handwashing, to mask wearing, to social distancing as soon as the pandemic started in order to protect Americans and our economy. I guess hindsight is always 2020, but a federal provision to protect businesses is not something that I would disagree with as long as businesses are held to the highest standard and follow guidelines to protect their clients and employees. 

To protect Businesses from their own negligence in exposing guests to illness defies long-standing principles in the law.  However, I do believe that there can be protection if federal guidelines are in place that businesses strictly follow.  Thus, there can be liability for failure to follow the guidelines to protect their patrons.  Just like all aspects of negligence law, elements of negligent must be clearly outlined to allow for adherence.    If safety guidelines are clear and followed, business should receive some federal protection for their efforts to diligently protect their guests by following them and held liable for failing to follow the guidelines. 

Timeline

With the Senate set to recess on August 7, 2020 and extending the time for a vote,  members of Congress are starting to face the reality that heading home with struggling constituents is not an option. It appears they have agreed that the most important thing they need to do is to pass a relief bill for the American people before they leave Washington. For this reason it does appear that the stimulus may pass by August 7 or shortly thereafter. It will be approximately two weeks from the time the new stimulus bill is passed until most states are able to implement new benefits and resume payments. Therefore, if Congress is able to stick to its current timeline and pass the bill the week of August 7, 2020, Americans may not see money arrive until the end of August which could be more than a month since their last federal benefit payment. In addition,  in the state of Nevada our office has received many calls regarding the inefficient unemployment department and their inability to get through and the fact that benefits were not paid for months after their applications were submitted.  There is currently a class-action against the state of Nevada for their mishandling of claims during the pandemic. https://www.ktnv.com/13-investigates/class-action-lawsuit-seeks-to-force-nevadas-unemployment-office-to-do-its-job

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-Hunt, 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-Hunt, 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 TheOneLaweyer.com, Laura Marie Payne-Hunt 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-(HUNT) 4868 and text 24/7 at 702-600-0032. 

ATTORNEYS FEES IN MEDICAL MALPRACTICE CASES

TOP FIVE THINGS TO KNOW WHEN HIRING A MEDICAL MALPRACTICE ATTORNEY

  1. The Fees Capped Nevada by Statute 
  2. Hire an Experienced Attorney
  3. You only have one year, with some exceptions) to Bring your claim
  4. You need Your own Expert Before you File your Lawsuit
  5. You Will Need All of Your Medical Records

In 2004, Nevada, pursuant to Ballot question No. 3, implemented a statutory limitation on attorney’s fees in medical malpractice as a result of the tort reform bill that was passed into law by a vote upon of the people. NRS 7.095 prescribes the statutory allowable fees that attorneys can charge in medical malpractice cases. Therefore, the state legislature has determined what a reasonable fee is for a medical malpractice case.  Courts in California have consistently and uniformly held that even with a valid, agreed upon, non-disputed waiver in place, the statutory provision regarding attorney’s fees is not waivable or “voidable.” An extensive review of the California decisions on this issue reveals the courts have consistently held that a comprehensive and extensive writing waiving the statutory fee limitation is still insufficient to void the statute.  In fact, they have consistently ruled that the statute is not “voidable.”   

NEVADA LAW REGARDING ATTORNEYS FEES FOR MEDICAL MALPRACTICE CASES

In Nevada, the State Legislature added NRS 7.095 to the Nevada Revised Statutes in 2004 pursuant to the passage of Ballot Question No. 3 passed on November 4, 2004, which states as follows: 

NRS 7.095  Limitations on contingent fees for representation of persons in certain actions against providers of health care.

1.   An attorney shall not contract for or collect a fee contingent on the amount of recovery for representing a person seeking damages in connection with an action for injury or death against a provider of health care based upon professional negligence in excess of:

       (a) Forty percent of the first $50,000 recovered;

      (b) Thirty-three and one-third percent of the next $50,000 recovered;

      (c) Twenty-five percent of the next $500,000 recovered; and

       (d) Fifteen percent of the amount of recovery that exceeds $600,000.

      2.  The limitations set forth in subsection 1 apply to all forms of recovery, including, without limitation, settlement, arbitration and judgment.

3.  For the purposes of this section, “recovered” means the net sum recovered by the plaintiff after deducting any disbursements or costs incurred in connection with the prosecution or settlement of the claim. Costs of medical care incurred by the plaintiff and general and administrative expenses incurred by the office of the attorney are not deductible disbursements or costs.

       4.  As used in this section:

      (a) “Professional negligence” means a negligent act or omission to act by a provider of health care in the rendering of professional services, which act or omission is the proximate cause of a personal injury or wrongful death. The term does not include services that are outside the scope of services for which the provider of health care is licensed or services for which any restriction has been imposed by the applicable regulatory board or health care facility.

(b) “Provider of health care” means a physician licensed under chapter 630 or 633 of NRS, dentist, registered nurse, dispensing optician, optometrist, registered physical therapist, podiatric physician, licensed psychologist, chiropractor, doctor of Oriental medicine, medical laboratory director or technician, licensed dietitian or a licensed hospital and its employees.

      (Added to NRS by 2004 initiative petition, Ballot Question No. 3; A 2011, 1510)

Although the Nevada Court has not specifically addressed the attorney fee provision, they have addressed the constitutionality of the statute and repeatedly followed precedent from the mirrored statute from California that has been in force since 1975.  

CALIFORNIA LAW ON LIMITING ATTORNEYS FEES IN MEDICAL MALPRACTICE ACTION

Although the medical malpractice reform act was not passed in Nevada until 2004, the Medical Injury Compensation Reform Act of California (herein referred to as MICRA,) was enacted in California in 1975 by the California Legislature and signed into law by Governor Jerry Brown in September 1975. The act was intended to lower medical malpractice liability insurance premiums and was enacted on an emergency basis to keep healthcare providers as a whole financially solvent. It was intended to lower the cost of healthcare services and make them more available.  Since MICRA was enacted nearly 40 years ago, it has been challenged on numerous occasions in the California Courts. It has repeatedly been held constitutional by the California Courts and almost all of the original MICRA legislation is still in force and effect and part of California law. 

The Nevada statute is nearly identical to the California Statute.  In California, non-economic damages are capped at $250,000 instead of $350,000 in Nevada.   However, the California statute limiting attorney’s fees is almost identical to Nevada’s statue. Extensive litigation has gone on in California regarding the attorney’s fees provision under the MICRA statutory scheme.   In California, plaintiffs’ attorneys can receive 40% of the first $50,000 recovered, 33 1/3% of the next $50,000 recovered, 25% of the next $500,000 recovered, and 15% of any amount recovered in excess of $600,000 under Business and Professions Code section 6146.  

     A RAND report issued estimates that as a result of MICRA, defendants’ liabilities were reduced by 30%.  However, between 1985 and 1988 malpractice premiums actually rose 47% in California. After 1988 insurance premiums in California experienced a decrease which was a result of proposition 103. It was voted into law in 1988 at section 1861.01 of the California insurance code and explicitly required a rollback of insurance premiums by 20%.  

 (  www.consumerwatchdog.org/documents/1008.pdf   ) ( March 7, 2003)

    New challenges were raised to MICRA by the plaintiffs’ bar after proposition 103 was enacted claiming that MICRA was outdated legislation and that the problem of increased premiums was resolved by proposition 103. The courts repeatedly declined to rollback or limit MICRA’S provisions after the enactment of proposition 103.  (Cal Ins. Code Sec. 1861.01)

Nevada Origination of the Statute

Seeing the alleged success of this legislation in reducing insurance premiums for medical writers in California, other states started to follow suit. Nevada placed Question No. 3 on the ballot in 2004 and on November 4, 2004, it was ratified by a 60% majority of Nevada voters.  Question No. 3 set a maximum schedule for attorney’s fees and capped non-economic damages at $350,000. The question, known as the KODIN initiative for keep our doctors in Nevada, was promoted by pointing to an alleged trend of Nevada doctors fleeing the state for states with lower malpractice premiums like California. To counter this legislation the Nevada plaintiffs’ bar put Questions No. 4 and 5 on the same ballot.  Both were defeated in the election and the statutory scheme was voted into law by the Nevada public and became law in the state in 2004.

NEVADA CASE LAW

In Tam vs. The Eight Judicial District Court, 131 Nev., Advance Opinion No. 66346, (2015) the Nevada Supreme Court upheld the constitutionality of NRS 41A.035 (2004).  In the Tam case, the Supreme Court granted a writ of mandamus on behalf of Dr. Tam challenging the district court’s ruling the state statute was unconstitutional in medical malpractice actions. In the opinion which is decided on a writ, the Nevada Supreme Court resolved three primary issues related to the statute:

  1. Whether the statue violates a Plaintiff’s right to a trial by jury; 
  2. Whether the cap applies separately to each cause of action;  
  3. Whether the statute applies to medical malpractice actions. 

The Supreme Court held that the district court erred in finding the statute was unconstitutional on the basis that it violated the plaintiff’s constitutional right to trial by jury.  The court further held that the district court erred when it found that the statutory cap applied per plaintiff and per defendant. Finally, the Supreme Court also concluded that the District Court erred when it found the statute applied only to professional negligence and not medical malpractice. 

The underlying facts of the case involved the death of Charles Thomas Cornell, Jr.  an action brought by his wife Sherry Cornell, the real party in interest. Mr. Charles had multiple medical conditions and he passed away after being released from the hospital and alleged he was not prescribed medications and further care to treat his diabetes.  Suit was filed against numerous defendants after Mr. Cornell‘s death. Relevant to the opinion was the writ of mandamus filed regarding the ruling on Defendant’s omnibus motion in limine. The motion filed by Dr. Tam requested that non-economic damages be limited to $350,000 pursuant to the statute NRS 41 8.035. The District Court denied the motion finding the statute was unconstitutional and violated Plaintiff’s constitutional right to a trial by jury.  The District Court, also held that the statutory cap did not apply to the case as a whole and that a separate cap applies for each plaintiff and for each of the defendants. In addition, the District Court found the cap did not apply to medical malpractice claims. Based on that motion in limine, relief under a writ of mandamus was sought and granted.

Among other things, the Supreme Court held that for a statute to violate the right to jury trial, it must make the right practically unavailable. They relied upon Barrett vs Baird 111 Nev. 1496, 1502, 908 P 2d 689, 694 (1995) The Supreme Court acknowledged that jurisdictions disagree on whether statutory damages caps violate the right to a trial by jury.   They stated that they have previously found that a statutory limit on damages does not infringe on the plaintiff’s constitutional right. 

In Arnesano vs State Department of Transportation 113 Nev. 815, 819, 942 P 2d 139, 142, (1997), the court relied upon the case of Martinez vs Maruszczak, 123 Nev. 433, 168 P. 3d 720 (2007) and held that “it is not the role of a jury to determine the legal consequences of its factual findings… That is a matter for the legislature. “ Id at 819-820, 942 P. 2d at 152 quoting Boyd vs Bulala 877 F. 2d 1191, 1196 (4th Cir. 1989). The Nevada Supreme Court looked to California for guidance.   This issue has been decided in California in addressing the constitutionality of the statutory cap on non-economic damages in cases involving healthcare provider’s professional negligence. In Citing Yates vs Pollock, 239 Cal Rpt. 383, 385 (Ct. App 1987) the court concluded “that such an argument is merely an indirect attack upon the legislatures power to place a cap on damages. The Yates court noted  that while the statute could possibly result in a lower judgment of the jury’s award, “the  legislature retains broad control over the measure of damages a defendant is obligated to pay and that a plaintiff is entitled to receive… and it may expand or limit recoverable damages so long as it’s action is rationally related to legitimate state interest.“  Yates at 385–386

The Nevada Supreme Court  in Tam went on to state that “consistent with our prior holding in Arensano and persuasive case law from California, “we conclude that NRS 41A.035 does not interfere with the jury in their factual findings because it takes affect only after the jury has made its assessment of damages and that  it does not implicate a plaintiff’s right to trial by jury.” 

The court went on to hold that the statute also did not violate equal protection rights and also relied on California holdings on this issue.  The court further held that “we do not look beyond the language of the statute if it is clear on its face“ citing Beazer Homes Nevada Inc. vs Eighth Judicial District Court 120 Nev. 575, 579, 97 P. 3d 1132, 1135, (2004.) In this instance, the Tam decision did not address the attorney fee portion of the statute, NRS 7.095, although  the provision is very clear on its face.

Also discussed by the Supreme Court in the Tam decision is the legislative history which they acknowledged discusses a comparison between the Nevada statute and California’s analogous statute noting “that NRS 41A.035 is similarly per incident not per claimant, and not per doctor.” The court also held that “the official explanation to ballot question No. 3 stated that the previous statute provided that a person seeking damages in a medical malpractice action is limited to recovering $350,000 in non-economic damages from each defendant and  the proposal, if passed, would limit the recovery of non-economic damages to $350,000 per action” (Citing Nevada ballot questions 2004, question No. 3, explanation at 14 available at HTTPS://www.leg.state.nv.us/Division/Research/VoteNV/BallotQuestions/2004.pdf2004.  )

The court in Tam went on to state “the intent behind the statute is further evidenced by the legislature is discussion of recent amendments to NRS 41A.035, indicating that the purpose of the 2004 amendments was to clarify that the cap for non-economic damages is intended to apply per action. “ (See Hearing on SB 292 before the Senate Judiciary Comm, 78th Leg. (Nev., March 26, 2015). It is clear from this decision that the Nevada Supreme Court found this legislation to be constitutional. It is also clear that they looked to California for guidance in mirroring their statute and will likely look to California for guidance in its further application.

As attorneys, the people sitting next to us are the clients we are here to protect.   Their rights are paramount. It is our duty as lawyers to advise them and to counsel them to allow them to knowingly make decisions that affect the outcome of their cases.  Lawyers are charged with the ethical duty of advising their clients of the law in many situations. Whether it’s a plea agreement in a criminal matter, whether it’s a bankruptcy, whether it’s this case where the statute at issue was voted on by the people and enacted into law, it is the responsibility of counsel to explain to clients that the law allows them to make decisions for the outcome of their case. 

Although the supreme court in the state of Nevada has not ruled on this specific attorney fee issue under the reform statute, the ruling in the Tam case is clear that they find the statutory provisions to be constitutional. The Nevada Supreme Court has  looked to our sister state of California in reviewing the constitutionality of the Nevada act’s provisions, which mirrors the California legislation. It is important for attorneys to be clear and accurate in advising clients of their rights.  At the Law Offices of Laura Payne-Hunt, we take the time to meet with every client and take pride in explaining the law and their options in detail. I operate a small, boutique law firm specializing in giving personal representation to each client. 

If you or a loved one has been injured as a result of poor medical care, call our office immediately.  We can make sure that you receive the care you need and deserve, and advise on how to preserve evidence.  If you have been in any type of accident and have questions, please don’t hesitate to contact our offices today.  At my 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 reviewed thousands of auto accident claims and policy provisions.   

          At the Law Offices of Laura Payne-Hunt we 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 offices.  The Law Offices of Laura Payne Hunt is a boutique, family owned law firm in Henderson that specializes in helping injured people and the community with legal issues involving auto accidents, wrongful deaths, slip and falls, truck accidents, injuries to children, bicycle accidents, dog bites, 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-(HUNT) 4868 and text 24/7 at 702-600-0032. 

Is My Car A Total Loss And What Does That Mean?

FIVE IMPORTANT FACTS WHEN YOUR CAR IS TOTAL LOSS

   1) Sometimes you can’t tell by looking if the car is a total loss

    2) You will not get to decide whether or not your car is a total loss

   3) Legally, if the cost to repair is more than 65% of the car’s value, it’s a total loss.

4) The fair market value of the vehicle is negotiable, don’t let the insurance company tell  you it’s not. So always have gap insurance on a new car loan for the first few years.

   5) The loan on the car is not the fair market value.

One of the biggest misconceptions that we see in our office is what the meaning of total loss is in the context of an auto accident. Often times,  clients think that total loss means they will get a new car. Unfortunately that is not the case. In addition, clients will often think that they can determine whether or not their car is, in fact, a total loss. Unfortunately,  that is also not the case. In the state of Nevada, whether a car is a total loss is governed by Nevada Revised Statute 487.790. Specifically NRS 487.790 states as:

NRS 487.790  “Total loss vehicle” defined.

      1.  “Total loss vehicle” means a motor vehicle:

      (a) Of a type which is subject to registration; and

      (b) Which has been wrecked, destroyed or otherwise damaged to such an extent that the cost of repair is 65 percent or more of the fair market value of the vehicle immediately before it was wrecked, destroyed or otherwise damaged, except that, for the purposes of this paragraph, the cost of repair does not include the cost of:

             (1) Painting any portion of the vehicle;

             (2) Replacing electronic components in accordance with the specifications of the manufacturer; or

             (3) Towing the vehicle.

      2.  The term does not include:

      (a) A nonrepairable vehicle;

      (b) A motor vehicle which is 10 model years old or older and which, to restore the vehicle to its condition before it was wrecked, destroyed or otherwise damaged and regardless of cost, requires the replacement of only:

             (1) The hood;

            (2) The trunk lid;

             (3) A fender;

             (4) Two or fewer of the following parts or assemblies, which may be bolted or unbolted:

                   (I) Doors;

                   (II) A grill assembly;

                   (III) A bumper assembly;

                   (IV) A headlight assembly; or

                   (V) A taillight assembly; or

             (5) Any combination of subparagraph (1), (2), (3) or (4);

      (c) A motor vehicle, regardless of the age of the vehicle, for which the cost to repair the vehicle is less than 65 percent of the fair market value of the vehicle immediately before the vehicle was wrecked, destroyed or otherwise damaged, except that, for the purposes of this paragraph, the cost of repair does not include the cost of:

             (1) Painting any portion of the vehicle;

             (2) Replacing electronic components in accordance with the specifications of the manufacturer; or

             (3) Towing the vehicle; or

      (d) A motor vehicle that was stolen and subsequently recovered, if the motor vehicle:

             (1) Has no structural damage; and

             (2) Is missing only tires, wheels, audio or video equipment, or some combination thereof.

      3.  For the purposes of this section, the model year of manufacture is calculated based on a year beginning on January 1 of the calendar year in which the damage occurs.

      (Added to NRS by 1995, 1573; A 2003, 1911; 2005, 1245; 2011, 1663)

What this means is that if the repair estimate to fix your car is more than 65% of the fair market value of the vehicle, it must be declared a total loss by state law. However, even with this definition that would seem clear on its face, there are a lot of variables. Such variables include determining what will be the  actual cost to repair the car as well as the actual value of the car. I will discuss each one of these issues.

IS THE CAR A TOTAL LOSS

First,  it is necessary to determine whether the vehicle is, in fact,  a total loss. With over 15 years’ experience in this business, I can generally look at a photograph and tell you if the vehicle is going to be a total loss. Feel free to call our office with any questions if you have been involved in accident involving a vehicle that has been deemed a total loss.  When estimating the damage, the insurance company will generally allow some leeway for hidden damage in determining whether to repair the vehicle or not. For example if your vehicle is worth $10,000 and the insurance company estimates the damage at $4,000, they will likely deem the car a total loss because if there is additional hidden damage found when repairs begin, it will rise to the level of total loss.       

Sometimes, if the client really wants the vehicle repaired, and it is close on the total loss versus fair market value, we can have their carrier repair the vehicle and the client will sign a waiver regarding future repair costs. This is not something we generally recommend but there are occasions that  clients are very attached to their vehicles and do not want to send them to the salvage yard. At the Law Offices of Laura Hunt, we listen to our clients’ needs and requests and assist throughout the property damage loss assessment and payment. We also do not take any fee for handling this portion of the case when handling the personal injury matter.  It is important when finding a personal injury attorney to discuss this matter up front. Many personal injury attorneys do not help their clients with the property damage at all. At The Law Offices of Laura Hunt, we make sure you are fairly compensated for your vehicle or that it is fully repaired, and we do not charge for this service when handling the personal injury claim.

HOW MUCH IS MY CAR WORTH

The second part of a total loss claim is determining the fair market value of your car.  I generally explain this to clients as if you were going to sell your vehicle on the morning of the accident before the collision occurred, what would be the price that you would accept for the vehicle. The way we generally determine this number is to look at what we call in the business “comps“. This means comparable vehicles for sale. Most common vehicles can be searched easily on the Internet. Simply enter the year, make, and specific model of your vehicle and look for similar vehicles for sale. You will generally find a significant range in value often thousands of dollars depending on the vehicle.  We look for higher value comps that are as close to our client’s vehicle as possible to determine the fair market value. You want to compare things like options; for example whether it has leather or cloth seats, whether it is turbo or not turbo, whether it has navigation or not, as well as mileage.

Once you locate these comparable for sale vehicles you want to print this information and make sure you include the name of the dealership or private seller on the documentation you print as a way to reach them to verify the comparable sale. You can compare these with the amount the insurance company is offering you for the total loss of your vehicle and it should be comparable to these numbers.

WHAT IS GAP INSURANCE

On a related note,  when purchasing a new or newer vehicle, we urge our clients to obtain GAP insurance on their car loan. If the dealer offers this to you, you can research to compare  rates with other carriers to make a comparison to what the dealer is offering you when you are buying the car. You can do this on your phone at the dealership while in the process of purchasing the car. GAP insurance is insurance that protects you in the event that your car is an accident,  is a total loss, and has even fair market value of less than the loan balance. Your insurance company or the other side will only pay the fair market value of the vehicle. Sometimes that is less than what is owed on the car. You could reach a situation where you still owe thousands of dollars on a vehicle you no longer have because the value was less than the loan. Unfortunately, this can and does happen. That is why we urge clients to have a GAP insurance to pay the gap in the fair market value and the amount of the loan balance. If you’ve already purchased a new vehicle and did not obtain gap insurance,  it is something that you can add and we urge you to do that.

CALL US AT THEONELAWYER.com

By contacting a lawyer immediately, you can receive the most money for your vehicle. At my office, we are happy to handle the total loss of your vehicle at no cost along with your personal injury claim.  Having worked in the insurance industry as an attorney for 9 years before opening our boutique law firm specializing in helping injured people, I reviewed thousands of total loss claims. With extensive experience in the insurance field, I can help you review your total loss to maximize the money you get for your vehicle.

At the Law Offices of Laura Payne-Hunt, TheOneLawyer, 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-Hunt, 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 TheOneLaweyer.com, Laura Marie Payne-Hunt 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-(HUNT) 4868 and text 24/7 at 702-600-0032. 

THEY CANNOT RAISE YOUR CAR INSURANCE RATES IN NEVADA IF THE ACCIDENT IS NOT YOUR FAULT

FIVE FACTS ABOUT CAR INSURANCE RATES IN NEVADA

1) If you are in a car accident and it is not your fault, your insurance company cannot raise your rates for paying your damages.

2) If you make a claim on your uninsured motorist coverage because someone without insurance hits you, your insurance company cannot raise your rates.

3) Your  insurance company cannot cancel your policy if you make a claim that is not your fault.

4) Insurance companies refer to at fault accidents as a “chargeable” offense.

5) Your insurance company may try to attribute a “small percentage of fault” against you to raise your rates for a claim.  Be sure to verify that you were not found at fault on your claim with your adjuster and make them send you a letter to verify that you were not at fault.

The statutes on this issue are pretty clear in the state of Nevada but relatively unknown. An insurance company cannot refuse to issue your policy or renew your policy for an accident or claim that was not your fault. They also, in turn, cannot cancel your policy for an accident that was not your fault. Over the years many clients have advised us that their rates have gone up immediately following an accident. Many insurers have policies that are nationwide and this policy is illegal in Nevada. At the law office of TheOneLawyer.com, we make sure that our clients are treated fairly by their own insurance companies and that they are not charged with an accident that is clearly not their fault. In fact, I have seen insurance companies over the years that have sent the insured a letter advising them that they were 5% or 10% at fault for the collision when they had not even reviewed the police report, seen photographs or taken statements. This is why it is critical to have an attorney fight for you from the beginning anytime you are involved in a car accident. There are many aspects of car accident law that inexperienced attorneys are not aware of. This is one of them. At the car accident law offices of TheOneLawyer.com, we make sure our clients are treated properly by their own insurance company as well as receive the compensation they deserve. The statutes and Nevada are pretty clear on these issues and 

NRS 687B .35 states as follows:

NRS 687B.385  Refusal to issue, cancellation, nonrenewal or increase in premium due to claims for which insured was not at fault, claims for which insurer made no payment or recovered entirety of payment or inquiries relating to a claim prohibited.  An insurer shall not refuse to issue, cancel, refuse to renew or increase the premium for renewal of a policy of motor vehicle insurance covering private passenger cars or commercial vehicles as a result of any:

1.  Claims made under any policy of insurance with respect to which the insured was not at fault;

2.  Claims made under any policy of insurance for which the insurer has not made any payment or for which the insurer recovered the entirety of the insurer’s payment on the claim by means of salvage, subrogation or another mechanism; or

3.  Inquiries made regarding an actual or potential claim under any policy of insurance regarding:

     (a) The existence of insurance coverage for any matter; or

      (b) Any hypothetical or informational matter pertaining to insurance.

      (Added to NRS by 1987, 1063; A 1997, 30332017, 2354)

In addition to the Nevada revised Statutes,  there is also the Nevada Administrative Code. The administrative code outlines specific rules and regulations that insurance companies must follow that accompany the Nevada Revised Statutes. The Nevada Administrative Code contains specific regulations that govern administrative bodies in the state of Nevada such as the Department of Insurance. Nevada administrative code provision 687B.850 further outlines and details the rules regarding accidents that are not the fault of the policyholder. Insurance terms are referred to as chargeable or non-chargeable events and referred to in the statute below:

POLICIES OF MOTOR VEHICLE INSURANCE

NAC 687B.850  Chargeable accidents: Restrictions on authority of insurer; filing and use of definition. (NRS 679B.130687B.385)

1.  An insurer shall not cancel, refuse to renew or increase the premium charge for the liability coverage under a policy of motor vehicle insurance upon renewal of the policy of motor vehicle insurance because of an accident that is not a chargeable accident.

2.  Each insurer shall file with the Division its definition of a “chargeable accident” and shall use the filed definition. The insurer’s definition of a “chargeable accident” may include only those accidents for which the insured is 50 percent or more at fault.

3.  Each filing of a rate for a policy of motor vehicle insurance submitted to the Division must define a “chargeable accident” in terms of a monetary amount of damage.

4.  An insurer may not define a claim made under the comprehensive portion of a policy of motor vehicle insurance as a chargeable accident in order to increase the premium for the policy or to cancel the policy, but the insurer may use a series of such claims to discontinue comprehensive coverage or to offer a higher deductible for comprehensive coverage upon the renewal of the policy.

When I advise clients they need to make an uninsured or underinsured motorist claim on their own insurance, they are often hesitant to do so, fearing their carrier will either raise their rates, or cancel the policy altogether. However, Nevada, as outlined, has a statute exactly on point, precluding insurance companies from doing either. An uninsured motorist policy provides insurance coverage for the negligence of a driver that causes damages who either has no insurance, or cannot be located.  In such instances, the claimant’s own insurance company provides insurance up to the policy limits for this uninsured driver. An underinsured motorist policy provides coverage for a driver who has insufficient insurance coverage to pay for all of the damages he or she caused.  In such instances, the claimant’s own insurance policy provides additional coverage over and above the negligence driver’s liability policy, up to the policy limits.

The plain language of the statute and code preclude insurance companies in Nevada from raising rates for people who make a UM/UIM (no fault on the part of the insured) claim. The Nevada Supreme Court has upheld the statute against the insurance companies challenge. See Reinkemeyer v. Safeco Ins. Co. of America,  16 P.3d 1069, 117 Nev. 4 (2001) (holding the statute that prohibits an insurer from canceling, refusing to renew, or increasing the premium for a policy of casualty or property insurance as a result of claims with respect to which the insured was not at fault is not facially unconstitutional under the state due process and takings clauses)

NRS 687B.385 applies to policies where insurers attempts to cancel or increase premiums because an insured has filed a claim for which the insured is not at fault. With nearly 15% of the drivers in the Nevada being uninsured, and most not having sufficient insurance, when you are in an accident, it is important that you contact an attorney who has experience exploring all policies available for recovery.  TheOneLawyer.com has the experience, and provides free initial consultations. 

At the Law Offices of Laura Payne-Hunt, TheOneLawyer, 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 Nevada insurance law and reviewing insurance policies.  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-Hunt, 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 TheOneLaweyer.com, Laura Marie Payne-Hunt 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-(HUNT) 4868 and text 24/7 at 702-600-0032.