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The lawyers and staff at Jack Bernstein & Associates in Las Vegas have the financial resources and experience to take on large casinos and hotels and their insurance companies. Our lawyers have obtained numerous settlements and verdicts in excess of $1 million for personal injury victims.

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320 S Jones Blvd
Las Vegas NV 89107
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Las Vegas Personal Injury Attorneys

Wrongful Death Case Appeal Centers on Judicial Discretion

When civil claims are brought against just about any defendant and these claims proceed to trial, it's a jury that makes the decision regarding liability and whether the defendant or defendants should be held liable for monetary damages.  However, the role of the trial judge is obviously critical for several reasons when these claims arise, and the issue that's at the center of an appeal of a wrongful death case verdict concerns the limits of judicial discretion in regards to verdicts.

According to the Las Vegas Review-Journal:

"Allegations of willful destruction of evidence and lying to police were among the arguments heard Wednesday by a Nevada Supreme Court panel.

Justices were in Las Vegas to hear the appeal of a $14.1 million wrongful death lawsuit filed in 2001.

The case was one of the more high-profile of the decade and began when temporary workers stole an industrial truck belonging to Terrible Herbst, got drunk and then struck and killed 58-year-old Rosa Delgado as she tried to get into her car, which was parked on a downtown street.

In June 2006, a jury determined a trio of companies owned by Terrible Herbst should pay a three-quarter share of $4.1 million in compensatory damages to Delgado's family and $10 million in damages designed to punish the company.

The driver, Darwin Ellison, was found liable for 25 percent of the verdict. The drunken driving incident was his third. He pleaded guilty to manslaughter and received a prison sentence of five to 20 years.

Following the 2006 proceeding, Terrible Herbst attorneys sought a new trial and a reduction in the verdict. Clark County District Judge Elizabeth Gonzalez denied the first request but reduced the punitive damages to a little more than $4 million."

Both sides are now claiming that the judge abused discretion, and this is not a situation with a tangible standard.  It's very subjective in nature.  What it should tell anyone who's been injured by the negligence of someone else is that even if a victory is achieved at trial, it does not mean that the battle is over.  If you have a claim to pursue, you need the help of a Las Vegas personal injury attorney who will see the matter through to the end, no matter how long it takes or how many battles need to be fought.  Contact Jack Bernstein & Associates today to schedule a free initial consultation.

 

 

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Free consultation: There is never a charge to talk to a personal injury attorney at the law firm of Jack Bernstein & Associates. With an office in Las Vegas and the willingness to make house calls, our lawyers will be there when you need us. We handle all cases on a contingency fee basis.