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Lewis John Gazda
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Lewis Gazda’s Answers

89 total


  • I was rear-ended in traffic by an uninsured driver. How can I sue him in small claims court?

    I was driving in the freeway when traffic came to a stop because of a broken down car half a mile ahead. The guy behind me did not see this and hit me. My insurance is covering collision but I'm having pain from the accident. I can't use my medica...

    Lewis’s Answer

    Initially, I would like to say i am sorry to hear you were in a accident. Now you need to go talk to a personal injury attorney. He or she can help get you set up with medical providers that will either take your insurance or treat you on a lien wherein you pay them after settlement or an award is rendered. If you are hurt you should not delay treatment. Not only does that slow recovery but it also provides ammunition for the insurance company to say you weren't hurt much or you would've gone to the doctor. There are potentially many problems which is why you really need help from a local attorney. There are many attorneys out that are just like my office that offer free initial consultations and only charge you if you win your case. And then the money you pay is completely from the settlement or award you received. There is really no downside to you for retaining an attorney.

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  • I was crossing the street and a car tapped into me. I felt fine right after and I saw my bus coming so I just continued

    To walk to catch the bus as I was going to be late for work. I did not get the drivers info. However there are cameras as this intersection. Now fast forward a few hours and I am in pain. Is there a way I can get the person's information since...

    Lewis’s Answer

    I agree with the other attorneys answering this question. The accident is a hit and run since it seems as if the other driver did not stop/stay at the scene - unless you spoke with such driver and told him'her you were ok. The bus company may have video of the accident as they generally have cameras recording what happens inside and out of the bus. The cameras at the intersections do record as I have seen the police get the recordings when there is some sort of crime. However, I am yet to hear of an attorney being able to get the video. It may be an uphill battle but you'll never know if you don't try. In regard to your pain you should get medical treatment if you are still hurting. You will most likely need a local attorney if you wish to pursue a claim.

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  • Need advice on how I file a personal injury lawsuit on person who hit me while riding me bike crossing the street

    I was crossing thru from the sidewalk to cross the street at 930pm I slowed down since there was a car waiting to turn unto oncoming traffic. As I started to cross the street a vehicle turning hit me. I ended up in the hospital w 5 fractured ribs....

    Lewis’s Answer

    Very sorry to hear about your accident. What you need is a Las Vegas personal injury attorney and you need one right away. The attorney can help with all aspects of your cases including the coordination of medical treatment. The attorney's answering your question cannot ask you to call them but you can use AVVO's attorney locator to find a local Las Vegas attorney. I wish you the best of luck.

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  • Can i sue apartment owners for injuring myself on their property that isnt bring maintained?

    I caught the corner of a hole in the pavement and hurt my ankle and foot. Now i need to get physical therapy and a foot specialist. What do i do? Im getting bills that i wouldnt have had if they would keep up on the apartments.

    Lewis’s Answer

    If the property was maintained in a manner that permitted the property to have dangerous conditions then you may have a good claim. And attorney will still need to investigate further so I advise you to utilize AVVO's find a lawyer service so you can find a competent and local attorney.

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  • Question regarding trial extensions on my personal injury lawsuit in which the trial is set for 8/2015

    My jury trial was set for early August 2015. As of late may/early june my legal counsel withdrew from my case. The defense legal counsel sent me a motion to dismiss my medical wages and loss of income wages on 6/11/2015 saying that my legal counse...

    Lewis’s Answer

    You may want to review the Nevada rules of civil procedure, especially the local rules, as you will see a provision to shorten the time to have a hearing on your motions. You must get the court to agree to hear the motions on the order shortening time before you can file and serve them. If the court signs the order shortening time it will then be up to you to convince the court in your motion and argument to give you more time to prepare your case. You should be aware that in Nevada the presiding judge hears certain motions and the discovery commissioner hears motions relative to discovery and any motions or requests must be made to the proper authority. The court website has a variety of information to assist you in getting your documents to the right place. You must also oppose the motion filed by the other attorney within 10 business days of its service upon you or the court may automatically rule against you on the issues in the motion. You may wish to consult with another lawyer as representing yourself can be very difficult and the process is filled with numerous procedural pitfalls. Good luck.

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  • Get tax free injury settlement payment want to know if it is kind of income for aca healthcare. thanks

    want to apply for health care and they ask my income. thanks

    Lewis’s Answer

    In Nevada settlements for personal injury is not considered income. It is compensation for your injuries. Therefore there are no tax consequences. Thus, it should not be listed as income on healthcare forms. However, if the settlement was in part for lost income, past or future, and the settlement specifies which amounts were for such income then those portions/amounts are considered income for all purposes.

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  • I am my brothers next of kin, I need legal advice?

    My brother injured his brain badly and he's been on a vegatative since June 23. He has a common law ex wife of more then 10 years and they had no relationship since then. Well she went to the hospital today while I was at work and she made the de...

    Lewis’s Answer

    First, I want to say i am very sorry to hear of your brother's situation. In order to answer your question I need to know more. A few things surround the "common law ex wife" status. For instance, in what state did they become common law husband and wife? Did they go through an actual divorce with court approval? These are important questions as Nevada does not have a provision in its law to create a common law marriage. However, it does recognize common law marriages from other states where such unity was created. What, if any documentation did she provide to the hospital to demonstrate that she was or is your brother's wife and therefore has decision making authority? What information did the hospital have to indicate you were in a decision making capacity? There are many other questions that need to be answered in order to help you. It's important you contact a local attorney as soon as possible. There are many attorneys on AVVO that would tell you they are interested in your case but AVVO's rules prevent them from doing so. Use the attorney locator to help you contact an attorney.

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  • Are expert medical witness's allowed to skype to give testimony in Clark County Nevada Judicial courts?

    I am from out of state, and trying to figure out how to go about getting my expert witness testimony of my doctors for my injuries to testify in court without me asking "hey can you take a few days off and fly out to vegas with me for my trial"

    Lewis’s Answer

    I have done a lot of trials in Las Vegas and we definitely have the technology to video conference your witnesses testimony in from out of state. However, you must get permission of the court for them to testify in such manner. If they have already been deposed you can usually use the depositions as a substitute for live testimony. I say usually because attorneys make this an agreed upon process but when a party does not have legal representation the adverse party will not make things easy on you as their job is to win for their client. If depositions were not taken you do exactly what you were suggesting in your question: call them up and tell them when trial is and find out when and/or if they can be there. Getting them to trial will cost you money. They are not making money that day or two because they are in court for you. You will have to compensate them for their time. That will most likely cost several thousands of dollars for each expert. What this really boils down to is you need an attorney and you need one fast! Attorneys are not permitted to directly solicit clients on this site as you would likely be bombarded with people not giving you any advice and just telling you to call them. However, it does provide you with a really good attorney locator so you can find an attorney in Las Vegas. Good luck!

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  • My lawyer withdrawed from my personal injury lawsuit a few months before trial date.

    My legal counsel at the time which I signed a contingency fee aggreement back in July of 2013- up until last month withdrawed on eve of trial. My trial date is set for August of this year (Next mont) I have been in the process of trying to find a...

    Lewis’s Answer

    You need to immediately speak with a personal injury attorney in the county in which the lawsuit has been filed. There are deadlines for responding to motions and submitting documents to the other attorney and the court. An attorney needs to review your file so you can be advised on an appropriate course of action. Do not hesitate or it may prove costly. Be sure to make your file available for review to the attorney you see.

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  • How to deal with risk management from hotel/casino?

    Invited hotel guest had stroke the hotel was informed but did not call for help.

    Lewis’s Answer

    I'm very sorry to hear that you or a loved one had a stroke and I hope for a speedy and full recovery. On the legal side, there is no duty on the hotel to provide help if they did not cause the stroke. This is called no duty to rescue. A property owner or occupier is responsible for the negligent acts but in this case, from the facts provided, I'm assuming they did not do anything to cause this individual to suffer a stroke. Thus, not duty to rescue them. If they did then there may be a different outcome. To be certain you should contact a lawyer and provide him or her with all the facts so you can be fully advised. Good luck.

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