Personal Injury Attorney Las Vegas

DON’T DO THIS!

February 29, 2024

Hello again. I hope everyone who is reading this (and even those who aren’t) are well!

I imagine we have all hear stories about those who try to manipulate the system by bringing false or exaggerated claims. Although in my experience it is very rare, sometimes people exaggerate their injuries. Sometimes they set up crashes on purposes to make false claims. I wish that didn’t happen, but it does. When it does, as a responsible attorney and officer of the Court I immediately drop those cases. They have no place in our system of justice. Fortunately, I can count on one hand the number of times in 27 years I fired a client because after doing some digging something just didn’t add up.

I recently saw a story on the interweb about a woman in Ireland. She was in a car crash in 2017. She was claiming debilitating injuries that prevented her from working. She was seeking close to $1,000,000 Euros for her injuries, lost wages, and pain and suffering. The full story can be read here: https://www.nbcnews.com/news/world/ireland-christmas-tree-throwing-competition-mother-loses-claim-rcna140448

The insurance company did some digging, which makes sense given the amount of money at issue. Its digging turned up that the “injured party” won, and I am not making this up, a Christmas tree tossing competition in 2018. This woman, who was claiming she could not work due to debilitating injury, threw a Christmas tree further than any other participant, or at least any other participant in her category.

Now, we need to keep some context here. Does the fact someone is significantly injured mean they can’t do anything? Of course not. Does it mean they shouldn’t try to push themselves and live as normal a life as possible? Not in the least. In fact, almost all doctors will agree that it can be beneficial for an injured person, both mentally and physically, to try and get back to doing their day to day activities. To stay as active and mobile and engaged as they can. Doing so isn’t inconsistent with having significant injury. However, trying to argue you can’t work, but you are well enough to have the winning toss in a Christmas tree tossing contest just seems internally inconsistent. Again, it is important to keep this in context. I have had clients who were certainly significantly injured and required invasive spinal surgeries. After their crash and before surgery they worked, they tried to be active with their children, they went on vacation. Those are not necessarily inconsistent with significant injury.

I will never represent a client who is trying to perpetrate a fraud on the system. Ever. No personal injury attorney with a shred of dignity or who honors what we try to do would. It is cases like this that keep honest, hard working people like you who are legitimately injured from getting full justice for their harms and losses. And it is these hard working men and women like you who become the real victims of these false, exaggerated claims.

Thank for reading. Until next time, stay safe.

IT ISN’T AN ACCIDENT SO DON’T CALL IT ONE (ESPECIALLY YOU MY BROTHER AND SISTER PLAINTIFF LAWYERS)

February 5, 2024

It shocks me as a I drive around town to see lawyers like myself advertise as “accident” attorneys. When I see (or hear) this I generally shake my head with a not so mild degree of disgust. Why, you ask? Good question. Because calling a crash or collision an accident demonstrates a fundamental misunderstanding as to what our client or potential client has been involved in. It by no means was an “accident” when they got rear ended by an inattentive driver or smashed into by someone who ran a red light. Let me explain.

There is a reason why the reports filled out by Metro and NHP are called “Traffic CRASH Reports” and not “Traffic ACCIDENT Reports.” When another driver violates the safety rules of the road and hits you with his or her car, it is not an “accident.” An accident is an event which happens that is out of the control of the individuals involved.

Let’s say you are taking a nice Sunday drive up at Mt. Charleston. Out of nowhere a boulder falls off the mountain and hits your car. This is an accident. For those that prefer the water to the mountains, imagine you are cruising around Lake Mead. An unexpected and unforcasted storm front rushes in. You immediately start back to the marina and as you are heading to safety your boat gets struck by lightning. That is an accident. When someone rear ends you or runs a red light and you get t-boned, that is not an accident. Why? Because what happened is due to a choice made by the other driver. That driver, for whatever reason, chose to not pay attention to his or her driving. They chose to allow themselves to be distracted. They chose to try and “beat the light.” The chose to follow too closely. They chose to driver faster than the conditions safely allowed for. They had control of whether or not they followed the rules of the road and they made a conscious decision not to. That boulder or the lightening bolt didn’t.

The more accurate description of what happens when one driver hits another is crash or collision. Now, defense lawyers and insurance companies hate it when plaintiff attorneys use those words. The defense wants the jury to believe this was an “accident.” “Hey, accidents happen. My client didn’t mean to cause an accident.” This sounds a lot more innocent than “Hey, my client admits this crash happened because he chose to pay attention to the phone instead of paying attention to his driving” or “My client really needed that drink from his triple venti white mocha and instead of paying attention to traffic in front of him he drank that thing down like he had been stuck in the desert for a month. That is why he didn’t see the light change from green to red and caused this crash.”

The distracted driver made a conscious choice to not focus on the safety rules of the road (and consequently yours safety) and instead focus on something else. When that happens, a crash is the expected and natural consequences of that choice. Or, to put it another way, what the hell did you think was going to happen when you were watching the newest Tik Tok dance while heading down the 95 at 70 miles per hour? Well, the end result isn’t an “accident.” It’s a collision. It’s a crash. And it’s a shame.

If you are the victim of someone choosing to focus on that venti mocha or their phone instead of the rules of the road (and consequently your safety) choosing an attorney who thinks you have had an “accident” may be putting yourself on a collision course to have your claim crash and burn.

Until next time, stay safe.

So I Was Just In A Crash With A Rental Car- Now What?

January 29, 2024

With the “Big Game” coming up in a just a few weeks, our town is going to be inundated with out of town guests who are here to cheer their team to victory. Many will be renting cars. They will be unfamiliar with the roads. They will be experiencing all Vegas has to offer. They will be dazzled by the lights. They will be distracted. And, they will cause crashes.

So, you’re one of the unlucky locals (or guests) who have been injured by someone in a rental car. How does this effect your potential claim you might wonder. Well, wonder no more . . . .

Although similar to “regular” car crashes that don’t involve rental cars, there are a few different rules that apply. First, in Nevada, the rental car company is required by law to cover the renter of the vehicle with $25,000 of insurance. Rental car companies must provide the state minimum insurance. What the rental car company does not have to do is confirm the person it is renting the car to has his or her own insurance. It is not required to do a background check to ensure he or she is a safe driver. All it has to do is (1) ensure the renter has a valid license and (2) ensure the signature on the rental contract matches the signature on the license. That’s it.

Although the rental car company, by law, must provide $25,000 in insurance, that does not relieve the renter’s personal insurance (think Jake and his friends Mahomes and Maauto, LMU Emu and Doug, and Flo) from potentially having to pay for damages. The rental car mandatory insurance is primary, with the personal policy kicking in if the $25,000 is insufficient to cover the loses.

The rental car company cannot be held responsible because of the negligence of its renter. If the rental car company is negligent itself (think renting a car to someone who smells of bourbon and is holding a half empty Jack Daniels bottle while attempting to sign the rental car contract) it can be held liable. But, just because it is the owner/renter of the car does not create any liability and in fact the rental car industry is shielded from liability based on a federal law called the Graves Amendment.

What happens in a situation where the renter purchases that expensive extra coverage? Well, it is that amount of coverage that would apply. For example, if the renter purchases the supplemental insurance of $100,000, then the limit is $100,000. But, and this is a big but (and I can not lie- sorry, my 1980’s music love is showing), if the renter allows someone not authorized to drive the vehicle drive, and that person causes a crash, then the $100,000 is off the table. The rental car company still has to cover the first $25,000, but it is off the hook (in a bad way) for the $100,000.

So, what does this mean pragmatically to you, my dear reader (hi mom!). Well, a couple of things. First, unless the car was stolen or the renter did not give permission for the person who caused the crash to drive, there will be at least $25,000 in coverage. Second, GET THAT UNDERINSURED AND UNINSURED MOTORIST COVERAGE I’ve been harping on for about a year. Don’t rely on others following the law or their rental car contract. Protect yourself so that if you need me I can help you.

Until next time, stay safe.

AS WE CLOSE THE BOOK ON ANOTHER YEAR …

December 19, 2023

It is hard to believe that 2023 is coming to a close. The years seem to go by faster and faster with each passing turn around the sun. I would like to think that the old adage applies “time flies when you are having fun” and that is why this year has flown by so quickly.

It has been a great year. We have helped so many hard working, caring people obtain some semblance of justice this year. I say some semblance because in what we do, there is never full justice. Nobody would trade their health for money. All we can do is try and make the bad situation better by making sure they get proper treatment and that it is paid for by the insurance company. And, also by making sure they are reimbursed for what was taken from the- their health.

For me, the highlight of the years is that we have been able to help our community outside of representing Nevadans who have been hurt and injured. This year, our office provided scholarships to three amazing high school students. We are honored to have been able to help these young men and women on their continued education efforts. In addition, we formally partnered with the Clark County School District to help teachers in the classroom by providing stipends so that they can use to help further their students educational journey. Our teachers work so hard and, quite frankly, are generally underappreciated for what they do. Being the son and grandson of teacher, and knowing a number of CCSD teachers whom are close friends I am well aware of the struggles they face. We are proud to offer them our support and look forward to doing so again in 2024.

My hope is that we can continue to help our community as we grow. In 2024, we will be implementing a program where clients will be able to choose from a list of charities and once their case settles, Kristof Law Group will donate a portion of our fee to that charity. We are still in the initial discussion stages of how this will take shape, but we are excited about it!

I am proud of the work we have done. I am excited about the work we will do. Thank you to all of you who have trusted us to help you with you case. We are sincerely honored. If you are reading this I hope you never need us (or need us again) but if you do, we are here to help. Thank you and have a wonderful holiday season and upcoming new year.

IT IS THE BEST OF TIMES, IT IS THE WORST OF TIMES

September 29, 2023

I love the fall. It is my favorite season. There is a crispness in the air. The leaves start to change color up at Mt. Charleston. College and pro football begin their seasons. I have always loved fall.

Fall, just like everything else, has its flaws however. Fall’s flaws aren’t its fault. Fall’s primary flaw is man made and it is “The Best of Las Vegas” popularity contest. It is the business version of running for prom king and queen. And, it infuriates me to no end. Why, you may ask? Well, let me tell you.

I am generally against lawyer advertising. I get why some law firms advertise. And, they can be effective and a few of them are not offensive or blatantly misleading. Some are blatantly misleading- like when a lawyer who has likely never tried a jury trial to verdict pretends to be getting a verdict in favor of his client or when two lawyers who probably haven’t met with more than 10 clients in the past five years are seen taking pictures of a wrecked car at a tow yard. But, the “Best of Las Vegas” poll takes the cake for spawning misleading information.

I am not making this up. There are lawyers (well at least one) who on Facebook has solicited votes for the “Best of Las Vegas” poll by offering a chance to win $100. Another has offered to donate $10,000 to a local charity if his firm wins. Others merely post requests on Facebook to “vote for me” as if they were running to win “best smile” or “biggest flirt” in their senior high school yearbook.

I despise the “Best of Las Vegas” poll because the titles they bestow on the winners such as “Best Trial Lawyer” or “Best Personal Injury Lawyer” have no basis in any merit. None.
And as I have posted before, the vast majority of awards lawyers tout on their web pages don’t. It is simply based on the number of votes from anyone- friends, family members, past clients,their cat who sits on their keyboard, you name it, who happens to take the time to push a button (or who is looking to win that $100).

The best trial lawyer in Las Vegas does not need a billboard espousing himself as said best trial lawyer. Neither does “the best” personal injury lawyer.But, placing the lawyer’s ego aside, more importantly these titles mislead the public. That is why it is so important if you are looking for a personal injury lawyer to ask questions.Don’t blindly sign up with a law firm because of these bought and paid for awards or because you’ve been put into a trance due to having been glammed by smooth looking billboard. Do your homework and make an informed decision. Who is going to be working on your case? What percentage of cases do you drop? Do you ship the case off to another law firm if the case doesn’t settle. Do you not take more in fee even if you have to file a lawsuit?

Choosing a personal injury attorney is an important decision. Be a smart consumer. Don’t be fooled by these meritless awards and the lawyers who campaign for them. There may be a “Best Trial Lawyer” or a “Best Personal Injury Lawyer” in Las Vegas. But my guess is it isn’t those who say so on their billboards.

CONGRATULATIONS TO OUR FIRST (HOPEFULLY ANNUAL) SCHOLARSHIP WINNERS

August 3, 2023

SOMETIMES ALL IT TAKES IS JUST A LITTLE EXTRA EFFORT-PART II

July 20, 2023

One of my first blog posts was about an approximately $10,000 settlement we obtained for a client after her prior law firm (again, don’t ASK me who it was) dropped her case because it didn’t represent easy money. The firm was a large advertising firm (although dropping cases that take some extra work isn’t unique to them (but probably a lot more common by them than smaller firms).

About four months ago a doctor we work with told us about a patient of his that had just been dropped by her lawyers (again, a large advertising firm). It was a parking lot case with extremely minor damage. As I’ve mentioned before, minor property damage can be a major detriment to settlement if you don’t know what arguments to make and if your aren’t willing to put in the work.

The doctor asked if we might take a look at the case. Of course we said yes. We met with the client. She is a lovely, hard working young lady. After reviewing the facts we happily agreed to try and help her.

Fast forward five months. After obtaining the file and sending a settlement demand we were able to get her case settled for about $20,000. Is this an earth shattering settlement? No. But, it is an important settlement. Why? Because it means something to our client. It was an important case to her that her prior lawyers dropped because they knew it would take some extra elbow grease to get it done. There is a lot of lazy out there (and it just isn’t unique to lawyers). We try our best not to fall into that category.

The moral of this story- make sure whomever you hire to represent you has an excess supply of elbow grease somewhere in his office. At some point your case IS going to need it. And, as a secondary moral- bigger isn’t always necessarily better. Be a smart consumer when looking for a law firm to represent you. Ask questions and don’t be afraid to listen to your gut.

TORT (DE)FORM AND THE TRUTH ABOUT THE MCDONALD’S HOT COFFEE CASE

June 26, 2023

I love history. I find it fascinating. What I don’t love, however, is when history is distorted and manipulated to serve an unjust end- when those with power, influence, and money manipulate the facts to their own benefit it prevents justice. That makes me mad.

I have a burn case. My client was on his way to visit his terminally ill mother. She only had a week or two left to live and he wanted to say his final goodbyes. My client and his wife went to the airport. They stopped and bought a sandwich and some hot tea. At the table, the tea spilled on my client’s lap. Nobody alleges that someone else spilled the tea and my client readily admits either he or his wife either hit the cup or bumped the table and that caused the tea to spill.

The tea immediately burned his wrist and thigh. Severely. Not a “rub some ice on it and you’ll be fine” kind of burn. By the time he landed in one of his layover cities he needed surgery on the burns. This prevented him from getting to his mother who died about a week later. To this day he still feels the guilt and pain of not having the chance to say goodbye to his mom.

I can’t think about his case without thinking of Stella Liebeck. She was severely burned by a cup of McDonald’s hot coffee. Stella and her case became the poster child for big business, insurance, and the medical insurance lobbies to scare the general public into believing that there are too many frivolous law suits and people who are hurt by others should have their damages limited. They distorted the facts and the media let them.

Most people believe the following because of the distorted facts and flat out omissions:

– Stella was driving and spilled hot coffee on herself.

– She was awarded millions of dollars because her tricky lawyer convinced a stupid and gullible jury to give her millions of dollars.

– The system is completely broken and if you want a quick buck give yourself a boo-boo and spill hot coffee on yourself.

Here are the actual facts of Stella’s case:

– Stella was not driving when the coffee spilled on her. She was a passenger in a stopped car being driven by her nephew. The car didn’t have any cupholders. Stella put the coffee between her legs and the coffee spilled.

– Before Stella’s incident, McDonald’s had 700 complaints of customers suffering significant burns due to their coffee being too hot and did nothing to remedy it.

– Stella suffered significant third degree burns that required surgery.

– When asked about the fact there were 700 other reported burns a McDonald’s representative stated he was “glad it was not more” and admitted that customers shouldn’t drink coffee as hot as McDonald’s serves it because they would get burned.

– Stella’s offered to settle the case for $20,000- the amount of medical bills her insurance didn’t cover. McDonald’s offered her $800.

– The jury found McDonald’s acted with disregard for Stella’s safety and awarded punitive damage of $2,700,000 equaled just two days of coffee sales for McDonalds. This award was reduced almost 80% by the Court based on New Mexico law.

– The jury found Stella 20% at fault. Thus, the $160,000 she received for her medical bills and pain and suffering was reduced by 20%.

For years, Stella was the butt of jokes. Seinfeld, the Simpsons, late night talk show hosts all poked fun at her without knowing or caring to know the true facts of this case. Stella became the poster child of “frivolous lawsuits.” Her case was manipulated by big business and insurance to implement caps on damages which prevent the juries from assessing fair and full damages for those who have been injured. Stella didn’t receive millions of dollars for spilling hot coffee on herself. She was found by a jury to have been injured because McDonald’s didn’t care about its customers’ safety and did nothing even though it knew its coffee was dangerously hot.

There was a wonderful documentary that came out in 2011 about Stella’s case and the myths that surround it. Hot Coffee. I don’t own any rights to this, but here is a link to the movie. It’s worth a watch. https://www.theatlantic.com/entertainment/archive/2011/07/hot-coffee-and-the-scalding-of-the-american-jury/241787/

The attached article from 2011 in The Atlantic does a wonderful job addressing the falsehoods big business and insurance perpetrated on the public after this case. Again, I have no ownership in this article. https://www.theatlantic.com/entertainment/archive/2011/07/hot-coffee-and-the-scalding-of-the-american-jury/241787/

It is a shame that even now, over 30 years later, people view Stella and her case as a symbol of “what is wrong” with our system of civil justice. The truth is that Stella’s case is a symbol of what is right with the system. There are rules in place to stop frivolous law suits. There are rules in place to make sure judgments are fair based on the law and facts. There are checks and balances in our system that help to ensure fairness. What isn’t fair is when those with power, influence, and money are allowed to distort the truth so that regular folks like Stella, like you, are denied a fair shake.

I WOULDN’T BE ON JURY DUTY IF IT WASN’T FOR THIS DAMN PLAINTIFF AND HER GREEDY LAWYER!

May 19, 2023

Even after 26 years of doing this I still get nervous a bit when I step into the courtroom. I worry I may stumble over my words. I worry a witness might change course and testify differently than they did in their deposition. I worry the judge may make a bad ruling that precludes or admits evidence that shouldn’t be precluded or admitted. I don’t let these worries get the best of me, but I’d be lying if I said they weren’t present.

One of the weightier things I worry about is that the jury is going to look at me and my client and blame us for the fact they have to give up time away from work or home or their normal life in general to settle a dispute they, quite honestly, might not care too much about. I mean, we wouldn’t be here if the Plaintiff didn’t file the lawsuit, right? Well, that isn’t the whole story and unfortunately the jury never gets to hear the whole story.

The law limits what I can tell jurors about how we got where we are. The jury will never know the following:

Before the lawsuit was ever filed we made a settlement demand to the Defendant’s insurance company. We gave them all of the medical records and bills, property damage photos, the traffic crash report (if there is one), and all other relevant information we may have. The demand for the insurance company to settle within the policy limits they provided to their insured (the Defendant). For example, if it is a $25,000 policy we offer to settle at or within that policy. It is only after we have tried to settle, and couldn’t, that we filed the lawsuit. We just don’t file a lawsuit immediately after the crash happens.

It is not uncommon that after the demand is made the insurance company’s first offer is below the medical bills. When this happens, the odds of being able to negotiate the claim without a lawsuit are slim. The insurance company has either (1) grossly undervalued the claim and/or (2) is daring the attorney to file suit. Admittedly the second doesn’t happen to us very often as they know not only will I file, but if the case doesn’t settle I’ll gladly go to Court and try it. Here is an example of the former, and an actual letter I sent to a Defendant when I had to serve him with the lawsuit:

My name is Michael Kristof. I represent ________. He is the individual that __________ crashed into back on January 17, 2022. I am writing this letter to you to explain why you are being sued.

Often times, when people get sued, they want to blame the Plaintiff or his attorney. They don’t understand what has happened to get to this point because their insurance company hasn’t explained it to them. I want to make sure you know how we got here.

Mr. _______ has $20,182.00 in medical bills. This isn’t surprising given the severity of the collision. I provided the medical bills and records to your insurance company- Farmers. In response, they offered to settle this claim for $19,852,64. Can you believe it? In a case where this crash is clearly your fault and which totaled out the vehicles, your insurance company offered to settle for less than the medical bills. Imagine if it was Mr. _______ who was speeding down the parking lot and slammed into you and my client’s insurance company didn’t even offer to pay the medical bills. I bet you would be upset. We are upset.

We didn’t want to sue you. But we really didn’t have a choice. Negotiating in this instance is just a waste of time given the initial offer. You will want to call your adjuster and let her know you have received this suit so that Farmers’ can provide you with a legal defense.

I am sorry it had to come to this. I imagine you are both nice people. Thank you for your time and I look forward to meeting you when I take your depositions.

After the lawsuit is settled we try and work with the insurance company’s lawyer to settle the claim. We just don’t say “see you in Court.” We sincerely try to work out a fair settlement. One that represents a reasonable value for what our client has lost.

The jury never gets to hear what the settlement negotiations were. They never get to hear that the insurance company only offered to pay the medical bills even though the law says that if this case goes to a jury the jury “will award” a fair amount for the past and future pain and suffering endured by the Plaintiff.

So, why am I posting about this? To put to rest the misconception that its always the Plaintiff’s fault a jury is summoned and good people like you are asked to sacrifice your time in the pursuit of justice.

WHY THE OWL?

May 15, 2023

When I finally decided (or more accurately marshalled the courage) to open my own firm I wanted a symbol that was unique. Something that had some real meaning. It seems like everyone uses the scales of justice, a gavel, lady justice, a courthouse or some other symbol uniquely associated with the law. I get it. Those are easily recognizable as symbols of law and justice.

So, I thought about it. A lot. What would be a symbol that speaks to the type of lawyer I aspire to be every day? A symbol of the type of representation I’ll work to provide my clients. A symbol that was unique, like I hoped my law firm would be. I’ve always endeavored to be a wise counselor for my clients and have prided myself in being able to objectively see the strengths and weaknesses of my client’s case as well as the strengths and weaknesses of what we are facing from the defense. Then it hit me:

The owl.

The owl is a universal symbol for wisdom. The owl has 270 degrees of rotation in its neck meaning that between turning left and right it can see everything in front of it, to its sides, and behind it. It can see where best to attack and when it needs to defend from an attack. It is a symbol for both wisdom and vision- both attributes I sincerely try to utilize as I navigate my client’s case to the best possible outcome.

There you have it. This is why Kristof Law Group is proud to have the owl as its symbol. I hope it serves as a comforting symbol to our clients about the values we bring to each case, to the insurance companies and their attorneys about the adversary they are facing, and as a reminder to us about the values which form the foundation of our firm.