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The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

In Nevada courts, personal injury attorneys frequently ask juries to assess the loss of earnings capacity for a plaintiff that has been injured or killed; however, this is not an easy assessment because one’s past earnings are not necessarily a guide. For example, what if the plaintiff was only 13 years old (or 13 months old), had no prior earnings history, and an incomplete education (or none at all)? And what of tech masterminds like Steve Jobs and Michael Dell…two men who didn’t finish college yet whose future earnings would’ve been hard to fathom when they left school? Or imagine if Bill Gates had sustained a fatal injury during his sophomore year at Harvard?

These are complicated situations, but they illuminate the difficult job of a jury to place a value on potential earnings in wrongful death and personal injury claims when measurable values are moving targets. How do juries approach it ? A forensic economic evaluation may illustrate various future realistic scenarios for their consideration. But before that evaluation, it’s important to understand and distinguish between earnings capacity and expected earnings.

Actual, Expected and Capacity Earnings: Learning The Difference

In Nevada (as in most states), “earnings capacity” is the measure of loss. In your past, you may not have earned as much as you were capable of earning, but Nevada allows you to claim what you were capable of earning. Imagine a villager who has a 10-gallon jug who goes to the river daily to fill it with only seven gallons, since that’s all her family needs. If someone breaks the villager’s jug, what size jug should replace it…a seven-gallon jug since that was the average amount carried, or a 10-gallon jug, since that is the actual capacity of the broken jug? Nevada allows the claim for a 10-gallon jug replacement since that is the jug’s capacity.

Similarly, a person’s actual earnings, and their earnings capacity, are established in labor markets as a result of supply and demand based on what a person was able and willing to do, and based on employers’ need for that work. In even simpler terms:

• Actual past earnings is based on what a person did earn in the past. We can look a person’s W-2s or social security earnings statements to determine these.

• Expected earnings is based on what a person might be expected to earn in the future and involves the probability that a person would generate earnings.

• Earnings capacity is based on what a person would have been capable of earning….and is different than what a person would have been expected to earn.

Frequently, earnings capacity exceeds expected earnings. Past earnings can be an absolute floor for earnings capacity, but earnings capacity can certainly be much higher than the actual past earnings. And earnings capacity can increase through planned future training and education.

Understanding Earnings Capacity

In order to generate future earnings, a person has to be participating in the labor force, and has to be employed. The labor force (i.e., those participating) includes the employed and the unemployed. Participation means a person is available for work. You can be participating, and yet not employed; yet since you are seeking and hoping to find work, you are in fact participating in the labor force. There are factors that preclude participation. Some of these factors are involuntary, such as injury or illness.

Now: A person is not participating in the labor force if they are sick and cannot work or if they are voluntarily opting out to take time off to care for a newborn or sick family member, or if they’re going back to school for additional education. Bottom line: If you are not available to be employed, you are not participating.

But it gets more nuanced than that… because even if you are participating in the work force, you may not be employed. You may have been laid off, or you quit your job and are seeking another position. Maybe you moved from one state to another, or your employer moved out of state. To generate actual earnings, a person must be participating and must be employed. But having an earnings capacity does not require either participation or employment, in the past or in the future. It requires the capacity to be participating (i.e., not injured) and capacity to work (i.e., with sought after skills). It does not require that we know an actual employer or identify an actual job. It only requires that there are employers and that there are jobs. You can’t have an earnings capacity in the desert.

Underlying Assumptions of Earnings Capacity

Let’s review some examples of how the realistic assumptions of earnings capacity will differ depending on the plaintiff:

If a child is injured, realistic assumptions must be made about the child’s future level of education—which can be influenced by the level of education of the parents, but on average, is greater than their parents’ education. Since the average level of education today for young people who enter the labor force is “some college,” a jury might be shown several education scenarios for an injured child: high school graduate; some college; and college graduate. (Note: If the parents are both college graduates, the likelihood of the child completing college does increase.)

Let’s imagine someone in college. What are the realistic assumptions? College completion? Graduate school? This will depend on the actual testimony of what the plans were prior to the injury. Some people know during their second year in college that they want to become a doctor. Others may not know their future desired occupation until they leave college and work for some time. They may return to graduate school. Plans for young people may not be particularly precise or set in stone, and thus several scenarios are useful.

What about someone early in his or her career in sales, finance or law? Typical entry-level earnings are not a significant factor in determining mid- to late-career earnings. An entry-level college graduate may start out at $40k a year, in a career that may allow them to double or quadruple their earnings between ages 30-40. And these earnings may double or more in the next decade or two, when they are 50-60 years old. Again, a forensic economist can show multiple scenarios that a jury can weigh, along with career plans, employment evaluations, etc.

Preparing Juries To Evaluate Expected Earnings

A jury must be educated to understand that potential or expected earnings are not the same as earnings capacity. Imagine a 55-year-old female attorney who is making $100k annually, with three daughters who are beginning to have children of their own. She may inform her husband, who also makes an excellent living, that she has decided to quit her job, and as grandma, intends to provide care for the grandchildren at her home. This retirement move will allow her daughters to pursue their careers, and it will place the grandchildren in a family environment rather than with strangers at a daycare facility. Were this woman to become injured the day she announces that she will have zero expected earnings in the future, her earnings capacity would still be $100k per year.

In evaluating earnings capacity, for many employed people, the most recent year is their highest year of earnings, as earnings generally increase over time. But sometimes, one past recently high year is not necessarily the best indicator of earnings capacity. Earnings of a real estate agent, for example, can vary depending on economic climate, referrals, etc. Referrals may come in clumps, and the economics conditions may vary. In such a situation, averaging more than one prior year may be a reasonable approach.

Another example regarding earnings capacity that I sometimes share with a jury is that a car’s upper speed limit (its capacity) is much greater than its average speed. In Chicago, I might average 10 miles an hour during the year. But if I were to take my car to a dealer for a trade, I would expect him to consider that it can go 90 miles per hour or more down the freeway (in Montana, legally!) and not offer me the price of a clunker.

Earnings Capacity Outliers

Courts have not given clear guidance on all assumptions about earnings capacity, which has made some assumptions seem unrealistic. For example, anyone could take a second job, part time, and it’s something that is within the capacity of most. Most people don’t exercise that capacity, but if they have in the past, it should certainly be considered. Yet if they haven’t, it may be a stretch to ask a jury to consider that possibility (although it could be shown as an additional scenario if there is some chance it might have happened). Additionally, many people could earn more if they increased their level of education, but again…if they are mid-career, it may be a stretch to consider this to be realistic.

When forensic economic testimony is provided to a jury showing the various alternative earnings capacity scenarios, along with testimony about education and work plans from family members and others, a full and fair recovery can be achieved. The economist can produce information that serves as a tool, an aid and a guide for the jury.

Stan V. Smith, Ph. D., is VLM’s Quarterly Economics Columnist and president of Smith Economics Group, Ltd. Trained at the University of Chicago (one of the world’s pre-eminent institutions for the study of economics and the home of the law and economics movement), Smith has also taught at the university and co-authored the first textbook on the topic of economic damages. A nationally renowned expert in economics who has testified nationwide in personal injury, wrongful death and commercial damages cases, Smith has assisted thousands of law firms in successful results for both plaintiffs and defendants, including the U.S. Department of Justice. Smith also developed the first course in forensic economics at DePaul University, and pioneered the concept of “hedonic damages,” testifying about the topic it in landmark cases. His work has been featured in the ABA Journal, National Law Journal, and on the front page of The Wall Street Journal.

Smith Economics Group, Ltd., is located at 1165 N. Clark Street, Suite 600, Chicago, IL 60610. Dr. Smith may be reached at 312-943-1551 and at [email protected].

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

Many different emotions go through a person’s mind when they look in the mirror and see something they wish they didn’t see. They see possibly sagging skin, loose tissues, excess or disproportionate deposits of fat, or skin with fine lines and a dull appearance. The list can go on and on. When we encounter such things we don’t like in other parts of our life like our house, car or clothing, the decision to change them are much more easily made. Yet, when it comes to us, many times doubt creeps in.

Am I just being vain?

Do I really need this?

Why can’t I just accept the way things are as I age?

What will my friends and family say?

The list can be paralyzing, and make people not take action. It is for that reason that the last 15 to 20 years have seen such an explosion in non-invasive or minimally invasive techniques to improve those small flaws. In the olden days, it was really only a surgical intervention that could be offered: a tummy tuck, a facelift and/or eyelid lift, liposuction, etc. The thought of something so drastic appears so large, and for some people a sign of “defeat.” I use the word defeat because maybe they should have known better in terms of avoiding the sun, stopping smoking, eating healthy, or a myriad of things that we now know can help prevent or slow the progression of these issues.

So what is one to do?

I have always thought that getting as much education about a subject before making a decision is of paramount importance. That is what the physician is truly supposed to do. In this case, it would be a doctor. Some of you may not know that the word “doctor” comes from the Latin root word for teacher. So truly, that is what a doctor should do first: teach. It can mean teaching prevention, treatment…a litany of things. But learning what the teacher has to say is important.

In my office, I feel discussing the causes of the problems and any potential pitfalls of the available treatments is of a great help to patients. In my experience, a well-informed patient will feel better about their decision, understanding that measures taken to “look better” can many times be attached to feeling better. That is what I deal with on a daily basis…patients who are seeking a physical improvement in order to feel better. That “feeling better” extends to greater levels of confidence, a concordance of looking on the outside like you feel on the inside. For that reason I think that patients seeking information about an aesthetic or cosmetic procedure should see a physician who performs the whole gamut of procedures, from the surgical, to non-surgical, to minimally invasive. If one sees a physician that only does fillers, for example, then they will offer only filler as the option. But the truth is, not everyone is a candidate for fillers…just as not everyone is a candidate for surgery.

In our office, we offer a full range of aesthetic enhancements, and it is for that reason that I feel our patients receive a good education about their options…options that are tailored to their wishes, desires and needs. At times, the injectable non-surgical options can forestall the day of surgery or prolong the longevity of an appearance achieved with surgery. The reason for this is that the aging process is not just a matter of loosening skin. It is a result of loose skin shifting, or lost tissue below the skin, excess fat in some areas, or loss of fat in others. And surgery is not always the correct choice. When we can address the individual components, we see a more harmonious appearance. An appearance that does not look “too filled-up,” too tight, too pulled, or an appearance that leaves them looking like a different person. Cosmetic surgery and the ancillary techniques I speak of can then be offered to make sure the mixture is right, just like the porridge was for Goldilocks: not too hot, not too cold, but just right.

I invite you to see us at our office for a private and confidential consultation where your concerns and desires, as well as fears, can be discussed, and we can then offer you a set of options. With that information you then can decide if the time has come for a subtle or a bigger step. We look forward to seeing you soon.

Julio L Garcia, MD FACS, is the founder of the Regenerative Medicine Institute of Nevada, which is dedicated to helping patients with adipose-derived cell therapies for the treatment of acute and chronic medical issues. For more information about Dr. Garcia, please visit his websites at http://www.lvcosmeticsurgery.com and http://www.rminlasvegas.com, or contact his office by calling 1-888- FACES-89 or (702) 870-0058

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

Status Of Raider Nation Relocation

With football season over, fans have shifted their attention to the ongoing saga of the potential move of the National Football League’s Raiders from Oakland to Las Vegas. In the last issue of Vegas Legal Magazine, we discussed the likelihood of Las Vegas becoming part of the NFL franchise. Everything seemed hopeful; but as with any change, chaos is almost always certain before acceptance. Since then, the ball has been rolling, although not in a direct path toward its goal. Here’s what Raiders Nation and the city of Las Vegas thinks about one of the most exciting and challenging relocations of a NFL team.

Bail Out from Big Investors

Anyone following the Raiders Nation relocation knows that major investors Sheldon Adelson and Goldman Sachs are out…but all is not lost. Vegas kingpin Adelson did provide vital political influence that dramatically helped the Raiders secure the world’s largest stadium public subsidy ($750 million); and since then, Raiders president Marc Badain told the authority board in February that the team was already in discussions with “multiple financial institutions” that are willing to fill the void left by Adelson’s departure.

Will The Bay Area Put Its Money Where Its Mouth Is?

The reality is that Alameda County politicians have shown no inclination to build the Raiders a new stadium, even after years of discussions. When the Raiders recently filed for permission to move to Las Vegas, in a statement that came close to puffery, Oakland Mayor Libby Schaff told the Sports Business Journal, “Oakland has something no other city ever will: a die-hard fan base that is loyal and true to the Raiders and wants to see them stay here in Oakland where they were founded. Only Oakland brings the Raiders and the NFL a competitive stadium proposal, along with legacy and loyalty.”

In the same interview, Schaff stated that the Oakland City Council had accomplished so much by identifying the mechanisms to responsibly finance public infrastructure improvements, including a private partner prepared to finance a new stadium. It is very unlikely that Mark Davis will allow this competition to occur, and the mayor more than likely knows this. Perhaps Oakland needs to create the impression that it did all it could to keep the Raiders, even if there is no way it will ever be able to do enough. At this point the Bay Area needs a Hail Mary to keep the Raiders in Oakland.

Vegas Mayor Supports the Raiders Relocation

Las Vegas Mayor Carolyn Goodman thinks the money will show. In a recent LA Times article, Mayor Goodman noted that the timing is right to bring an NFL team to the market, and stated that she let the Raiders know the city was doing everything in its power to help salvage the deal. She also told the LA Times that she would like a stadium built Downtown, and that she has received calls from several groups interested in helping finance the project.

“If there’s a team out there that wants to relocate and this one doesn’t work out, we’re ready,” said Goodman in the article. “In my opinion, it will happen.”

What’s Next?

Much like any good football game, the players and strategy are important to the outcome. The Raiders owner is highly motivated to move the team to Las Vegas and football fans in Las Vegas are open to the Raiders relocation. Some gripe that it will cause more traffic congestion, but Vegas has been through much worse. After all, Vegas is a city that has seen it all, from mobster-ruled casinos to the legalization of recreational marijuana. Sin City can handle anything that comes its way.

NFL owners will meet in March to vote on the Raiders relocation plan. Oakland will need 25 of the owners’ 32 votes to see their plan officially approved by the NFL.

Sabrina Siracusa is Las Vegas-based freelance copywriter. With an undergraduate degree in Psychology and an ABA Paralegal Certificate, Siracusa is currently the publications specialist for the State Bar of Nevada. Learn more about Siracusa and her work at http://www.writergirl.biz.

The Firm, P.C. is a boutique Las Vegas law firm founded by Preston Rezaee, Esq. Preston Rezaee is also the founder and Editor in Chief of Vegas Legal Magazine.

Are If you are found of driving and wish for safe driving each time then you must be fully aware of different skill to carry out safe driving and at the same time, you must also be well aware of the different circumstance that could lead to the car accident. As this will help you to get prepared and take right step at the time of any such incident. Here are seven most common reason provided by Preston Rezaee that could help you to get aware of the different reason of car accident. Following are the seven points:

Diverted Driving:

The main source of auto crashes is not a criminal that drove tipsy, sped or ran a red light. Occupied drivers are the top reason for auto crashes in the U.S. today. An occupied driver is a driver that occupies his or her consideration from the street, more often than not to chat on a PDA, send an instant message or eat nourishment.

Speeding:

You've seen them on the parkway. Numerous drivers overlook as far as possible and drive 10, 20 and some of the time 30 mph over the breaking point. Speed slaughters, and going over as far as possible is a simple approach to bring about a pileup. The speedier you drive, the slower your response time will be in the event that you have to keep a car collision.  

Smashed Driving :

When you drink, you lose the capacity to center and capacity legitimately and it’s extremely hazardous while working a vehicle. Driving affected by liquor causes auto crashes each day, notwithstanding when they are the top causes that can be kept away from. Continuously utilize an assigned driver on the off chance that you go out and drink.  

Foolhardy Driving :

In the event that you don't drive deliberately, and you may wind up in an unnecessary auto collision. That is the thing that regularly happens to neglectful drivers who speed, switch to another lane too rapidly or back end before bringing on a fender bender. Foolhardy drivers are frequently restless inactivity so make sure to take additional care around forceful drivers.

Rain :

On the off chance that the climate gets terrible so do the streets. Auto crashes happen all the time in the rain since water makes smooth and risky surfaces for autos, trucks, and bikes and frequently makes cars turn crazy or slip while braking. To maintain a strategic distance from a fender bender, drive additional watchful when it downpours.  

Running Red Lights :

When you're driving your auto, red means stop and not doing as such more often than not prompts auto crashes. Drivers that run red lights, risk bringing about wrongful demise since they regularly cause side-effect crashes at high speeds. To maintain a strategic distance from a fender bender, search both courses for approaching autos as you approach a green light.  

Running Stop Signs :

Stop signs ought to never be disregarded, however when they are, not kidding auto collisions are regularly the outcome. Every year, a great many auto crashes happen on the grounds that one driver ran a stop sign. Numerous rollover mishaps and side-effect auto collisions result from drivers that run stop signs. You ought to dependably look both ways when continuing through a stop sign.

These are the seven top reason that could lead to a hefty car accident according to Preston Rezaee, where you can avoid or get more careful from your part to avoid such Mishappening from your part.

According to Preston Rezaee, approximately 1.5 million Americans per year sustain a brain injury. Of those, 50,000 people will die as a result of brain injury, while 80,000 people per year will experience long-term disabilities as a result of their injury.

If you have sustained an injury where you believe you deserve compensation, make sure you select an expert in Personal Injury.

Causes of Traumatic Brain Injury

Traumatic brain injury is a result of a direct blow to the head. The force is large enough to break through the skull and damage the soft brain or to cause the brain to move within the skull. About 50 to 70 percent of all traumatic brain injuries are the result of car accidents. Other causes include:

Motor vehicle accidents

Slips and falls

Violence

Sports-related accidents

Brain Injury Classifications

Brain injuries are classified as closed or open. A closed head injury is a trauma in which the brain is injured as a result of a blow to the head, or a sudden, violent motion that causes the brain to knock against the skull. Closed head injuries can be diffuse, meaning that they affect cells and tissues throughout the brain; or focal, meaning that the damage occurs in one area. Closed head injuries can range from mild to severe. These brain injuries can cause issues in many places like the occipital lobe or the parietal lobe.

An open head injury, sometimes also called a penetrating head injury, results when an object penetrates the skull and enters the brain. Open head injuries are usually focal, which means that they affect a specific area of brain tissue. Prognosis of Brain Injury

The prognosis of a brain injury is determined by a variety of factors, including the severity of the damage, the length and the severity of the coma, and the location and the size of any traumas. The more severe the injury, the longer the recovery period. The longer the recovery period, the more long-term effects are likely.

To find the best personal injury attorney for your case could turn into a real challenging situation for yourself when you are in pain. Even more without right knowledge you may also not able to seek what all qualities must be possessed in best personal injury attorney to assure your rightful claim.

Hence after seeking such problems by client Preston Rezaee decided to come up with few points that could help you in search of the best personal injury attorney for accidental cases: 

Experience:

When you are assessing and investigating a claim you should never underestimate the experience of an attorney and always it is recommended that you must go with that attorney who understands your case exactly rather than going with the jack of all trade and master of none that will cost you more than the cost of the actual injury attorney

Focus:

According to Preston Rezaee focus of attorney, the practice can make a great different in the case outcome as they possess unique skills that help them to determine issues of liability like negligence and causation. Even more, they are well equipped and exactly know the time when you can get the accurate value for the compensation of your case.

Reputation:

A reputation plays a very important role while resolving your case quickly and fairly due to previous practice with insurance companies and other lawyers where they face each other for practice. They know the right way for plaintiff’s perspective as well as for defendant’s and court perspective to handle cases.

Objectivity:

You have to ensure that in the case of the claim for compensation the objective of your injury attorney should be already predetermined and discussed so there must be pre-planning beforehand. Even more, you also have to seek that when you are going to hire a personal injury the particular attorney could quickly resolve the case by settlement and move on to next case rather wasting time while coming to a solution.

Personality:

You might be thinking when we are discussing on how to search for personal injury Attorney where the term personality has is important. While you have being met with an accident you will never wish that your injury attorney may come up with too many questions, your calls in reasonable and it take too long to get a claim. Always make sure that you are comfortable with ethic and experience of a lawyer and feel free while discussing.

These were the five points provided by Preston Rezaee that will help you to get the best personal Injury Attorney for your case in the short period of time for quick recovery.

Originally Posted:

There are numerous criminal protection lawyers offering their services to individuals accused of a crime. In fact, criminal protection is one of the more well-known legitimate fields. With a specific end goal to locate the best criminal defense lawyer, you have to first consider what you can afford. At that point, you should assemble suggestions and schedule consultations. You should attempt to make sense of how much cash you can focus on your defense. You should consider a few elements: