Nevada Personal Injury Lawyers Adjust to Nevada’s New Examination Laws

Recent changes in Nevada’s legal landscape have left many wondering about the future of personal injury claims. The introduction of A.B. 244 has stirred discussions, debates, and a fair share of uncertainties. But what exactly does this legislation entail, and how does it impact both claimants and defendants?

Dive in as we, with insights from experienced Nevada personal injury lawyers, unravel the intricacies of A.B. 244 and its profound effects on the world of personal injury claims in Nevada.

Why Nevada Personal Injury Lawyers Are More Important Than Ever

A.B. 244: A Game-Changer in Personal Injury Claims

Nevada’s recent legislation, A.B. 244, has introduced significant changes to the personal injury claim process. Historically, when someone claimed an injury, the opposing party could verify it by having the claimant examined by a chosen medical expert. A.B. 244 modifies this process, aiming to ensure a more transparent and unbiased examination.

How Nevada Personal Injury Lawyers Adjust To The New Landscape

A.B. 244 is a significant piece of legislation introduced in Nevada that has brought about transformative changes in the realm of personal injury law. At its core, A.B. 244 redefines the process surrounding medical examinations in personal injury claims.

Previously, when bodily injury was alleged in a claim or lawsuit, the opposing party had the right to evaluate that injury by requiring the claimant to undergo an examination by a medical expert of their choosing. A.B. 244 introduces new barriers to obtaining these examinations, whether mandated by court rules or contractual obligations.

For Nevada personal injury lawyers, this legislation presents both challenges and opportunities. The new requirements disrupt the traditional methods by which claims organizations, like insurance companies, gather information and evaluate claims. This has led to anticipated litigation to determine the enforceability of these new requirements. 

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What Exactly is A.B. 244 Introducing?

The introduction of A.B. 244 has raised concerns among various stakeholders. Some believe it might complicate the claim verification process, leading to longer resolution times and potential legal disputes.

Below is a high level breakdown of what A.B. 244 is all about. 

1. Scope of Application: A.B. 244 is broad in its application. It applies not just to those compelled to undergo medical examinations due to court orders but also to those bound by contractual or other obligations. The only exceptions are specific areas like juvenile justice, criminal cases, state management of mental health, and child protection from abuse and neglect.

2. Right to an Observer: The examinee, or the person undergoing the medical examination, now has the right to bring any observer of their choice throughout the examination. This can include their personal injury attorney, healthcare provider, or any other person hired on their behalf. This is a departure from previous rules where the presence of certain observers, like the party’s attorney, was expressly barred.

3. Recording the Examination: The examinee has the right to make an audio, stenographic, or video recording of the examination or appoint an observer to do so, provided they give prior notice to the examiner. This contrasts with previous rules where recording was conditional and required court approval.

4. Potential for Legal Action: A.B. 244 introduces a provision that allows the examinee to take legal action against anyone who purportedly violates the stipulations of A.B. 244. This includes seeking attorney’s fees, actual damages or a fine, injunctive relief, protective relief, or an order prohibiting the use of any information gathered during the examination in any judicial or administrative proceeding.

5. Notification of Alleged Violation: Before commencing any legal action for a violation of A.B. 244, the examinee must provide notice of the alleged violation to the person who supposedly violated the section at least seven days before the action begins.

These changes, advocated for by entities like the Nevada Justice Association, are seen as measures to protect the rights of claimants. However, they also introduce new challenges for insurance companies and other claims organizations in gathering information and evaluating claims, leading to anticipated litigation to determine the enforceability and context of these new requirements.

The Indispensable Role of Nevada Personal Injury Lawyers

In the ever-evolving legal landscape of Nevada, personal injury lawyers stand as hope for many injury victims. Their expertise, especially in light of the new A.B. 244 regulations, ensures that claimants have a strong, knowledgeable advocate by their side. 

As the state adjusts to these changes, the importance of seeking guidance from experienced Nevada personal injury lawyers cannot be emphasized enough

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