CIVIL LAWSUIT MAY HAVE TO WAIT FOR CRIMINAL CASE
Dec. 6, 2016
I read in the Las Vegas Review-Journal Clark County District Court Judge Linda Bell lifted a gag order issued in the civil case stemming from the 2015 death of Las Vegas Nevada attorney Susan Winters.
The article indicated that "Other matters, including halting the case pending the outcome of a criminal investigation into Winters’ January 2015 death, also will be heard" on Wednesday.
We have handled several personal injury cases and sexual assault cases where the a stay was placed in the civil case pending the outcome of the criminal investigation and trial. There are risks and benefits that go into seeking a stay or trying to overcome a stay in a civil case. It is always good to consult a Las Vegas or Henderson injury attorney who has appeared before a Clark County District Court judge. The attorney will have a good idea of the likelihood that such a motion may be granted or denied.
Areas to consider include (1) insurance coverage; (2) negligence or intentional tort; (3) theory of liability like respondeat superior; (4) statute of limitation; (5) risk of loss of evidence; (6) death of key witness: (7) arguing your case in the court of public opinion; (8) attorney's fees and costs; (9) accruing damages;and, (10) likelihood of prevailing. There are many other areas, but these are just a few to consider.
Insurance companies look for any excuse to not pay or delay payment to injured accident victims or victims of crime seeking recourse with a civil attorney.
To find out more about your rights as an injured victim , contact the injury attorneys at Day & Nance in Henderson, Nevada for a free case evaluation. 702-309-3333