Las Vegas personal injury lawyer, Allen A. Cap, of the law firm Cap & Kudler, has settled a case on behalf of a victim of a motor vehicle accident. Our client was stopped for a red light headed east on Sands Avenue in his 1998 Kia Sophia traveling E/B on Sands Ave. As he was waiting for a green light to make a left turn, he was rear-ended by a driver of a Toyota truck forced about three to four feet into the southbound lanes of Paradise Road. Luckily, he was not hit by any cars driving on Paradise Road.
The client suffered injuries to his neck, back, legs and ankle. He also began to have headaches after the accident. He started treatment with Dr. Jamie Spicklemier, D.C. at Natural Wellness Centers of Las Vegas (formerly known as First Choice Chiropractic) for treatment for the injuries he received in the car accident. Dr. Spickelmier referred our client to for x-rays of his neck and back and placed him on a course of conservative care. Due to the extent of the injuries, Dr. Spicklemier referred the client to Family Doctors of Green Valley for medical pain management of the injuries the client received in the auto accident. The client had to take time off from work due to the headaches and injury to his lower back.
Client Files a Lawsuit
The other driver’s insurance carrier did not want to offer full value for the damages its insured caused in the car accident forcing us to file a lawsuit to help our client get a reasonable recovery for the medical bills, lost wages and pain and suffering he incurred as a result of the negligence of the driver who caused this car accident. The Complaint included a cause of action for Punitive Damages under NRS 42.010 which allows Juries to award punitive damages when drivers who cause car accidents do so while intoxicated. Filing the lawsuit forced the at fault driver’s insurance company to make a reasonable offer allowing us to settle the client’s claim and dismiss the case.
Allen A. Cap, says “Sometimes we file a lawsuits to force insurance companies to act reasonably in settling car accident cases. In this case, we sought punitive damages from the insured driver as a result of his driving while under the influence. This put his insurer in the position of choosing between protecting their client or protecting their pockets. They made the right choice in not exposing him to personal liability for punitive damages. We choose to represent victims of injury accidents and will file lawsuits when necessary.”
