Joseph L. Benson II, Esq. is a second-generation personal injury attorney and his law firm, Benson & Bingham, has served Nevada for 25 years.
What types of injury cases do you handle?
We represent claimants in all areas of personal injury: motor vehicle accidents, product liability and medical malpractice. But our specialty is in premises liability and hotel law. I have a degree in hotel administration and recently wrote a book on hotel safety. We know how hotels and casinos operate and their tactics.
What are some of the things that someone should do immediately after they're injured to help support their personal injury claim?
Document the case and any injuries sustained, obtain evidence via photos and video, if possible, and contact us.
What advice would you give to someone who has been in a car accident?
It’s hard to generalize as each case is different, but aside from getting emergent medical care and documenting facts, obtain adverse insurance information and call Benson & Bingham so we can assist in mitigating damages and managing the economics. Often, there is not enough insurance to handle all of the damages, so exploring all avenues of potential revenue is key, and handling the issues with the property damage, loss of use and diminution of value are things we can really help with.
How do you determine when to settle and when to litigate?
We consider the totality of the circumstances and, overall, the compensation must be fair. We base this on existing and future damages, the available coverage and input from focus groups. With 25 years of legal experience, the right move involves little guess work.
What courts in Nevada handle injury claims?
All of them: small claims, justice court, district court, and federal court. It’s more about the value of each case, which determines what court has jurisdiction. Cases must be filed in the court where the accident occurred or where the defendant resides. Typically, that means Clark County District Court, but in any Nevada county that holds venue and jurisdiction.
Besides medical costs, what are some of the damages you would seek to recover?
This depends on the victim—whether they are employed, married, have children, and to what extent one has been harmed. Wage loss, loss of work capacity, loss of consortium, and pain and suffering comprise other areas of compensation. Depending on the conduct, there may be punitive damages, interest, and attorney fees and costs in the recovery. A wrongful death claim will have a different set of economic damages than say a U.S. postal worker with a dog bite to his calf.
How much have you recovered for clients monetarily?
I’m not sure this is a fair question, as it has no basis for analysis for a would-be client, except to say we have collected hundreds of millions of dollars for victims. Just because we collected millions for one client does not mean each case is worth that; just the same, there are cases where we get more than we expected given our hard work and reputation. Most of our large cases are settled with confidentiality agreements so the big numbers remain confidential. We have been around for a long time and are very experienced in what we do with a very experienced staff.
How many cases have you settled or litigated in your career?
Our firm has handled over 17,000 cases. Personally, close to 10,000 cases, with 25 jury trials.
How many lawyers does your firm employ?
We have a boutique law firm with 7 experienced attorneys.
What's the largest single settlement you have handled?
We hope to break our $20 million record this year; we have one on appeal for $30 million, and we’re confident we will break that record this year with some of our biggest cases in inventory.
How many offices does Benson & Bingham have?
We have five offices in Nevada: three in the south and two in the north. But our founding office is located at 626 S. 10th St., right in the heart of downtown Las Vegas, and we can be reached 24 hours a day at 702-382-9797.
What areas of Nevada do you serve?
We serve all of Nevada and handle cases in nearly all parts of the state: Las Vegas, Henderson, Reno, Carson City, Dayton/Minden/Gardnerville, Boulder City and many of the more rural areas, including Elko. We also handle cases in adjacent states like California, Arizona and Utah.
What is your company motto or slogan?
"We out work ‘em,” and “Number one, the client is always right—and number two, when the client is wrong, refer to rule number one."
Why consider Benson & Bingham for legal services?
We are not a warehouse injury firm; we are large enough to handle any case, and small enough to make a client feel special. But most of all, we have the experience to lead a victim to the best result.
For more information or to contact Benson & Bingham, visit www.bensonbingham.com or call 702-382-9797.