Table Of Contents
The “7-Day” Deletion Cycle: Why You Must Act Immediately
Casinos Are Allowed to Overwrite Footage in Just 7 Days
Casinos are using cameras as surveillance 24/7 all over their location and doing so builds up a significant amount of data. The state of Nevada does not require casinos to keep their surveillance footage indefinitely. Instead many casinos have a policy that they keep footage for 7-14 days and then they can overwrite it. This can lead to a problem if you are relying on camera footage as evidence for your personal injury case.
In a lawsuit, a casino can claim that the footage no longer exists, and the courts will accept this. After all, if no action was taken to stop the 7 day clock, the casinos have no duty to keep any of their footage. Because of this, it is crucial to understand that you can stop the clock and preserve the footage if you take the necessary steps. Contact our lawyers as soon as you are injured in a personal injury for advice on how to proceed.
How We Stop the Clock
Understanding how to stop casinos from deleting their footage is important as this footage is crucial evidence in your case! In order to legally obligate casinos to keep certain footage, you must send them a formal notice of a possible injury claim. Your lawyer will make sure this notice includes a demand to preserve surveillance footage, incident reports, security logs, and employee statements.
Once the casino receives notice, they should not delete any evidence. If they do, they could face court sanctions and the jury can assume the footage was not favorable for the casino’s case. It can be important to get a lawyer involved in this case. Some people assume filing an incident report with the casino is enough to keep footage and this is not always the case. A lawyer can ensure verbiage in notices are detailed to include all evidence.
Common Hotel & Casino Accidents We Handle
The lawyers at our firm have years of experience and an impressive track record of success handling hotel and casino personal injury cases of all kinds and complexities. From slip and fall accidents to injuries due to inadequate security to defective property, we have you covered. We take a very personal approach to your case, ensuring you have the resources and contact with legal representatives you need during this difficult time. We fight aggressively for maximum compensation and will help ensure you recover without having to worry about finances.
Slip, Trip & Fall Hazards (Floors, Carpets, Uneven Walkways)
Negligent Security & Guest Assaults
Swimming Pool, Spa & Dayclub Injuries
Food Poisoning & Sanitation Failures
Elevator, Escalator & Shuttle Accidents
The Hotel & Casino Injury Claim Process
Step1Get Medical Attention (Documenting Your Injury)
As soon as you experience an injury at a hotel or casino, you should get medical attention. Not only does this ensure your injuries are cared for, but it begins the documentation process of your injury should you pursue a personal injury claim.
Step2Report The Incident (But Don’t Sign Waivers)
Once your injuries are cared for, you should reach out to the hotel or casino and let them know what happened. However, it’s important that you do not sign any waivers or accept any initial settlement offers until you talk with an attorney.
Step3Consult With A Hotel & Casino Injury Attorney
As soon as you are able, reach out to a hotel and casino personal injury attorney. At Goldberg Injury Law, we have experience handling these complex cases and will ensure you take all the necessary steps to get the compensation you deserve.
Step4Filing Your Claim Against The Resort
Once you and your lawyer establish that you have a valid personal injury case, you should officially file a claim against the hotel or casino. Once you do so, an investigation of liability will ensue and you should receive a response within 30 days.
Step5Negotiating For Maximum Compensation
Likely, the hotel and casino’s insurance company will reply with a settlement offer. Your lawyer will negotiate with the insurance company, making sure you are not assigned more fault than you deserve and fighting for maximum compensation.
Why You Should Refuse “Comps” From The Casino
How VIP Hosts Use “Room Upgrades” to Intercept Claims
Casinos typically have some kind of risk management system. When an injury happens, the risk management department is notified right away. This team will jump into action, offering complimentary room upgrades, meals, spa credits, free nights, show tickets, and more. It may feel like an act of goodwill or good customer service, but you should be wary of these “comps” as they can negatively impact any future personal injury claims.
If you take the compensations the casino offers, it could be seen as a resolution. The casino might argue that you were satisfied with how everything was handled, you accepted benefits instead of pursuing a claim, or you were already provided compensation for the incident. This can make it challenging to get everything you deserve out of a personal injury claim. Instead, reach out to your lawyer for advice on how to proceed.
Protecting Your Rights Against “Risk Management” Tactics
The risk management department may sound like it’s out to help you, but instead they are working to limit the casino’s liability. After the incident, this department will likely be your first contact. They investigate what happened, coordinate with insurance adjusters and lawyers, look for ways, like compensations, to minimize payouts, and more. You may feel pressured by them to not pursue a claim or they may implement tactics to make you feel like you’ve been compensated through “goodwill” offers.
First of all, you do not have to take any goodwill offers. The casino owes you a duty of care and even if you are partly at-fault for the incident, you can still receive a settlement. You can hire a lawyer who will then coach you through what you should do and how to handle any communications with the risk management team. They will keep you from accidentally admitting fault, and accepting low early offers. Contact our lawyers today to get started!
Potential Compensation After A Hotel Or Casino Accident
Medical Expenses (Past & Future)
Medical expenses after a personal injury at a casino will likely be one of your biggest damages. From emergency care to surgeries to physical therapy to future medical treatment for long-term injuries, you could build up some significant debt. With the help of a skilled lawyer, you can claim compensation for these damages so you can have peace of mind and focus on recovering as much as possible.
Lost Income & Loss of Earning Capacity
Some injuries might prevent you from returning to work for some time. Or maybe your injury will change the way you work forever. In either case, when you file a personal injury claim, you can seek damages for your lost income as well as any loss of earning capacity. This ensures that you can take the time off work without worrying about paying for your bills so you can recover and return as quickly as possible.
Physical Pain, Suffering & Emotional Distress
The physical pain and emotional distress you suffer can be hard to quantify, but it is an important damage that you should seek compensation for. Our lawyers have experience calculating these losses and will help you recover the most compensation possible. Reach out to our law firm at Goldberg Injury Law today and find out how we can protect your rights and fight aggressively for a fair settlement.
Loss of Vacation Enjoyment (Crucial for Tourists)
If you are vacationing to Las Vegas and are injured, it can ruin a trip that you put a lot of time and money into planning. For many, their trip will be a once in a lifetime opportunity. You should be compensated for this loss of enjoyment, especially since the casino played a role. Our lawyers will fight for this loss of vacation enjoyment through lost experience value, inconvenience damages, or loss of enjoyment of life damages.
Proven Results & Client Testimonials
Real Stories From Injured Guests We’ve Helped
2 years ago I went into a restaurant, and the bench slid from underneath me , I landed in a wooden box underneath with the 2 by 4 going directly into my lower spine. I never felt so much pain in my life. My shoulder was also injured. I was referred to Katie Goldberg by a group of people. Katie listened calmed me down , and explained she has Dr.’s that will help treat me. Katie went into action and took on the Casino and restaurant. Katie came out with an amazing settlement.
Vegas Granny M. ★★★★★
Katie and her staff are exceptional! Not only was she able to coordinate all of my treatment and care, her staff was responsive and made sure that I was educated through the process, which is so very important when you are dealing with something so stressful.
Chad McCasland ★★★★★
We are extremely grateful to Goldberg Injury Law for their dedication and professionalism throughout our case. A special thank you to our case manager, Paula, who was absolutely amazing. She was always easy to get ahold of, kept us informed every step of the way, answered all of our questions, and truly made the entire process feel smooth and stress-free. We highly recommend this firm. Thank you for everything!
Marizol Valdez ★★★★★
Recent Premises Liability Settlements
Over the years and recently, Goldberg Injury Law has successfully resolved a wide range of premises liability settlements. We have built a successful track record with positive testimonials at every turn. We start with a free consultation where we evaluate your case to determine if it could be successful. From there, we offer personalized service at every turn in your case.
Don’t take our word for it, however. Take a look at our testimonials: our clients say it all. We are strategic in the way we negotiate and through litigation if necessary. We are aggressive, fighting for maximum compensation and we are dedicated and compassionate. We make sure our clients get the care they need to fully recover as well as the compensation they need to move forward in their life after the injury.
Meet Katie Goldberg: Founding Attorney
Experienced Advocate In Nevada Injury Trials
When you need a personal injury lawyer in Las Vegas that you can count on who has an impressive track record of success and experience navigating the complexities of casino injuries, look no further than Katie Goldberg! She has built her law firm on a passion for personal injury law and protecting clients. Katie has a solid background in law including growing up with parents in the legal field, attending prestigious schools, working for a large personal injury law firm, and establishing her own firm in 2020. Whether you’ve experienced a slip and fall, car accident, medical malpractice, or product liability, you can trust Katie and her team to lead you through the personal injury claims process with skill, knowledge, and care. Don’t wait to contact Goldberg Injury Law after your Las Vegas personal injury. Preserve evidence and experience the best possible outcome by reaching out right away.
Passion for Personal Injury Law
Call or Text 702-702-9585 for Immediate Assistance
Why Injured Guests Trust Our Las Vegas Injury Law Firm
Free Consultations Available 24/7
Direct Communication With Attorney Katie Goldberg
Access To Quality Medical Treatment Without Insurance
Help Recovering Lost Income & Benefits
Guidance With Hotel & Resort Insurance Claims
Common Questions About Suing Las Vegas Casinos & Resorts
I Live Out of State. Do I Have to Return to Las Vegas for Court?
Not necessarily. It all depends on the discretion of the court. You can file a request to appear remotely and the court will either deny or approve this request. If you have a good reason and you gave enough notice, you may be allowed. If your case ends up as a trial or involves certain crimes, you may be denied remote appearance and be required to attend in-person. Katie Goldberg can help you understand what your options are if you live out of state so you can prepare for whatever happens.
The Casino Says the Accident Was My Fault. Can I Still Sue?
Yes! Just because the casino says the accident was your fault, does not mean that it was. Or maybe you hold some of the fault, but the state of Nevada will still allow you to file a claim or lawsuit. If you are partly at fault, your compensation will be reduced by the percentage of fault you carry. However, it may still be worth a lawsuit to recover a certain percentage of damages. Our lawyers have experience handling complex cases where multiple parties are at fault. Let us coach you through and negotiate on your behalf to ensure you get the compensation you deserve!
How Long Does a Casino Injury Case Take to Settle?
There is no solid answer to this question as it all depends on the complexity of the case, whether it is disputed, and how severe the injuries are. Generally, simple cases where there is clear liability, minor injuries, and cooperative casino insurers, can be resolved within a few months. In most cases, where there is some dispute as to who is at fault, and medical treatment is ongoing, the case can take 6 months to a year to resolve. Very serious cases can take 1 to 2 years or more. Your lawyer will have a better understanding of how long it will take based on your specific circumstances.
Can I Sue if I Was Injured by a Bouncer or Security Guard?
Yes! You absolutely can sue if a bouncer or security guard caused your injury. However, in order to have a valid claim, the at-fault party must have used excessive force, continued to use force after you were under control, physically restrained you improperly, violated casino policy, or mistook you for someone else. If you are unsure whether or not you have a claim, bring you evidence and tell your lawyer exactly what happened and they can help you determine a path forward.
What if the Accident Happened at a Tribal Casino?
When personal injury accidents happen at a tribal casino, the process of filing a claim can be different. These casinos are operated by Native American tribes which are sovereign governments. This means you are generally unable to sue them in state court. However, most tribal casinos have their own injury claim system with a specific claims process. You must follow the tribe’s claim process in order to be compensated for your injuries. At Goldberg Injury Law, we have knowledge and experience handling cases in these circumstances. Hire us right away to get started.
Can I Claim Damages if I Was Drinking?
Yes you can! Though, the fact that you were drinking will affect the compensation you can recover. The casino’s insurance company will use this fact to fight hard against your claim. You will likely be given some amount of fault, reducing your end settlement. If you were injured at a casino while you were drinking, you should absolutely hire an attorney as your case will be more complex and it will be harder to get the maximum compensation without professional help.
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6010 S. Rainbow Blvd., STE A1. Las Vegas, NV 89118
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