July Newsletter

In This Issue

July Fun Facts

What To Do and What Not To Do When in a Car Accident

Attorney Spotlight

Product Liability Corner

Quick Links

Stay Connected

July Fun Facts

July 1st is Creative Ice Cream Flavor Day
July 1 to 7 is Clean Beaches Week
July 5th is International Bikini Day
July is National Culinary Arts Month
On July 8, 1947, reports are broadcast that a UFO had crash-landed in Roswell, New Mexico
July is National Park and Recreation Month
July 13th is Embrace Your Geekness Day
July 16th is National Corn Fritters Day
July 19th is National Urban Beekeeping Day
July is National Lost Pet Prevention Month
July 21st is National Junk Food Day
On July 23, 2021, The Tokyo Olympic Games began a year late due to the Covid-19 pandemic
July 26th is Aunt and Uncle Day
July is National Cell Phone Courtesy Month
On July 27, 1974, The House of Representatives charges President Richard M. Nixon with the first of three articles of impeachment for obstruction of justice
July 29 is International Tiger Day
July 31st is National Cotton Candy Day
The Birthstone for July is the Ruby
July has two birth flowers - the primary is the Larkspur and the secondary is the Water Lily

Dear Kris,

Welcome to the Craig P. Kenny & Associates' client newsletter. As always, we want to be your attorneys for life. Please don't hesitate to call us at 702-380-2800 for all your legal matters.

WHAT TO DO AND WHAT NOT TO DO WHEN IN A CAR ACCIDENT

By Jimmy Howard, Esq.

Every car accident happens fast and unexpectedly. The immediate moments after a car accident are adrenaline-fueled chaos. You may be in significant pain. Because of this, it is best to have a plan for what to do if a car accident happens before it happens.

1. Call the police immediately. Many times the at-fault driver will tell you, ‘Let’s not involve the police’. The at-fault driver might even offer you some cash right on the spot or offer to get your car fixed themselves if you do not call the police. Do not listen to the other person. The police will document what happened, and they will gather and exchange the necessary information among the drivers. But even if you have called the police...

2. Get information, especially regarding the other driver and their insurance. Even if you have called the police, collect all the information at the scene you can, especially regarding the other driver. Ask to take a picture of their driver's license and proof of insurance. The insurance information is critical to making a claim to get repairs or pay for medical expenses. Take pictures of their car, both the damage to it and the license plate. Take photos of your car, particularly the damage to it. Ask for the driver’s address and/or phone number. Ask for witnesses’ names and phone numbers or a business card. If you have called the police, you might think, well the police will get all that information, and that is true. But, what if the other driver just decides to flee before the police arrive? It happens.

3. Get medical treatment for your injuries as soon as possible. Commonly people feel pain after an accident but think it will heal on its own if they don’t have an obvious serious injury, like a broken bone. Then after a few weeks of the pain not going away, they decide to seek care. The other driver’s insurance company will call this a gap in treatment and argue you must not have been that injured if you waited so long to get treatment. Or, they may say you hurt yourself doing something else but want to blame it on the accident. These can be strong arguments against your case, particularly the longer you go between the accident and getting treatment. Get checked out as soon as possible after an accident if you are feeling any pain.

4. Call Craig P. Kenny & Associates and speak with an attorney as soon as possible. Our law firm has been helping Nevada car accident victims for almost 30 years. Our attorneys and staff have traveled the road of a car accident’s aftermath every day for those 30 years. We are aware of laws, pitfalls, and windfalls that most people would not know. Just a few examples: Did you know there can be several layers of insurance available to pay for your medical treatment and pain and suffering after a car accident? Does it make a difference if the other driver was arrested for driving under the influence? What if you are working when you are in a car accident? Do you have a workers’ compensation claim, a car accident claim, or both? What if the other driver’s insurance company refuses your claim and you have to file a lawsuit? At Craig P. Kenny & Associates, we have dealt with all of these situations many times over many years.

5. Do not talk to or give statements to the other driver’s insurance company. The other driver’s insurance company has a legal obligation to protect their insured. When they take statements from you, they are trying to protect their insured and the insurance company’s money. They are not acting as your friend. If you hire Craig P. Kenny & Associates, we will talk to the other driver’s insurance company for you. We know what to ask, what to say, and what not to say.

6. Do not attempt to negotiate a quick settlement with the insurance company. This is what the other driver’s insurance company wants you to do. Sign away all your future rights for a pittance. If it turns out that you have a hidden injury like a herniated disc in your spine that will cause you pain for the rest of your life and might require surgery, it is too late if you take their money and sign their paperwork. You released all claims, even if you did not know about the injuries at the time. The law does allow you to back out of such a deal for a short period of time. But, you have to revoke the deal in writing and send back the money quickly.

Please have a plan of what to do if you are in a car accident before you are in a car accident. Make part of that plan to call Craig P. Kenny & Associates, where clients are treated with honesty and sincerity.

Attorney Spotlight

Paul R. Kirst - Attorney at Law

Paul was raised in North San Diego County where his mother was a registered nurse and his father owned and operated the family farm, Kirst & Sons. Paul learned his strong work ethic working on the organic farm where the family primarily grew almonds, kumquats, boysenberries, and vegetables.

After high school, Paul moved to Las Vegas where he earned his bachelor’s degree from UNLV in 1987. He moved back to San Diego and graduated from the University of San Diego School of Law in 1990. Paul returned to Las Vegas where he served as the law clerk for Clark County District Court Judge Nancy Becker (now a Senior Judge). He next entered private practice and over the years defended several large hotel/casinos in Las Vegas. Additionally, he has defended multiple wrongful death and severe injury lawsuits, including obtaining a successful jury verdict in a catastrophic spinal cord injury trial.

Immediately before joining Craig P. Kenny & Associates, Paul worked as in-house counsel for Allstate Insurance Company for eight years. For the last of those eight years, he ran the office as its Lead Counsel and was responsible for managing 17 employees, including ten attorneys, and providing guidance and insight on the hundreds of files open at all times. Even while serving as Lead Counsel, Paul continued his trial work, participating in multiple jury trials every year. In his 30 years as a lawyer, Paul has tried numerous civil jury trials, multiple bench trials, and hundreds of arbitrations.

During his career, Paul had an article published in the Nevada Lawyer. He served on the Nevada State Bar Continuing Legal Education Committee and the Nevada State Bar Publication Committee. He currently serves as a District Court Pro Tempore Short Trial Judge and an Arbitrator in the court-annexed arbitration program in Clark County. Previously, he served as a pro-tem municipal court judge in the Las Vegas Municipal Court and an arbitrator in the court-annexed arbitration program in Washoe County.

In his younger years, Paul has enjoyed various hobbies ranging from fighting in taekwondo tournaments to rock climbing. He climbed both traditional and sport routes in such locations as Red Rock National Recreation Area, Joshua Tree National Forest, and the canyons and towers near Moab, Utah. His favorite climbing routes were Ancient Art Tower and Castleton Tower, both near Moab with several hundred feet of vertical climb and exposure. Paul gave up rock climbing and began sailing with his wife, Wendy, in their 42’ sailboat, Bom Bom, in San Diego, CA. Paul sailed in numerous Newport to Ensenada International Yacht Races as well as multiple Baha Ha-Ha Cruiser Rallies (San Diego to Cabo San Lucas). Aside from sailing, Paul and Wendy enjoy vacationing throughout Mexico, particularly Baja California, and spending time with their four grandchildren.

Product Liability Corner

Defective Vehicle Seats - Often times seatback failures go unrecognized because attorneys are not familiar with alternative recovery methods or product liability cases in car accidents, especially when they are rear-end accidents, because they are only focused on the insurance policy of the driver who did the rear-ending. In any vehicle accident, if there is a seatback failure a product liability case should be analyzed seriously as this may provide an additional source of financial recovery to those injured, outside of the typical vehicle insurance coverage. Recently the Ford Motor Company recalled certain 2018-2020 F-150 and 2019-2020 F-250 and F-350 Super Duty pickup trucks, along with 2018-2020 Explore and 2019-2020 Expedition vehicles equipped with manual driver and/or passenger front seat back recliner mechanisms. This recall also includes certain 2020 Lincoln Aviator vehicles equipped with rear outboard seats and manual seat-back recliner mechanisms. A vehicle seatback with an improperly assembled recliner mechanism has reduced strength and may not adequately restrain an occupant in a crash, increasing the risk of injury and/or death.

We are now screening car accident cases for Faulty Airbags, Faulty Ignition Switches, Defective Seat Belts, Seat Back Failures, Fuel-Fed Fires and Rollover/Tire Detreads, Trucking Accidents, and Road Hazards.

There are several defective product cases that we are handling such as Acetaminophen, Asbestos Exposure, Auto Defects, Camp Lejeune Water Contamination, Child Seat Defects, Collision Avoidance Technology, CPAP Machines, Dangerous Drugs, Defective Guardrails, Defective Tires, Defective Workplace Products, Essure (Contraceptive Device), GM Ignition Switches, Medical Devices, Nursing Home Abuse, Orthopedic Devices, Railroad Accidents, Roadway Defects & Signage Hazards, Safety Harnesses and Fall Arrest Systems, Talcum Powder, Taxotere, and Vehicle Fires. Click here for more information. If you or someone you know has suffered from complications due to a defective product or prescription medication, please contact Billie-Marie Morrison, Esq. at 702-380-2800, or email at bmorrison@cpklaw.com, for more information.

As you know, we do not advertise, so we appreciate all the referrals you send us. Thank you for reading our newsletter! If you have any questions, please don't hesitate to contact us anytime.

Our office will be closed on Thursday, July 4th AND Friday, July 5th for Independence and Employee Appreciation Day and will resume regular business hours on Monday, July 8th. Please remember that our normal business hours are Monday - Friday, 8:30 AM - 5:00 PM. Nights and weekends are by appointment only.

GREAT LAWYERS DON'T ADVERTISE!

Sincerely,

Craig P. Kenny, Esq.

Craig P. Kenny & Associates

501 S 8th Street,

Las Vegas, NV 89101

702-380-2800