Accidents occur on a daily basis, but the term “accidents” doesn’t absolve anyone from responsibility. If you have suffered injuries in an accident caused by someone else’s negligence or recklessness, you might be entitled to compensation. This can be pursued through a third-party insurance claim or a personal injury lawsuit. Seeking guidance from an experienced personal injury lawyer will provide you with a better understanding of these procedures.

What is personal injury?

Personal injury law is a legal field that aims to assist individuals who have been harmed by the negligent or reckless actions of others in seeking compensation for their injuries and the resulting financial and emotional consequences. It encompasses various areas of practice that deal with personal injury cases, such as:

1. Motor Vehicle Accidents: Personal injury cases arising from car, motorcycle, truck, or other vehicle accidents caused by negligent drivers.
2. Slip and Fall Accidents: Cases involving injuries sustained due to hazardous conditions on someone else’s property, such as a slippery floor or uneven walkway.
3. Medical Malpractice: Instances where healthcare professionals’ negligence leads to harm or injury to a patient, such as misdiagnosis, surgical errors, or medication mistakes.
4. Premises Liability: Claims arising from injuries sustained on someone else’s property due to negligent maintenance, inadequate security, or unsafe premises.
5. Dog Bites: Cases involving injuries caused by dog attacks or other pet-related incidents, where the owner may be held liable.
6. Wrongful Death: Legal actions pursued on behalf of individuals who have lost their lives due to the negligence or intentional actions of another person or entity.

Frequently, individuals harmed in accidents opt to pursue settlement negotiations for their case without legal representation. We strongly discourage this approach, as insurance companies and their legal experts possess extensive knowledge of the law and employ tactics to evade providing adequate compensation to accident victims. Taking the “doing-it-alone” route often leads to insufficient settlements that fail to adequately address your injuries, and in some cases, no settlement at all. Conversely, personal injury attorneys offer a range of legal services that are advantageous to their clients. Some of these services include:

• Providing clients with the necessary information to comprehend their legal alternatives and make well-informed decisions regarding insurance claims and/or legal proceedings.
• Examining case particulars to determine an appropriate monetary compensation that adequately addresses the severity of injuries and the client’s present and future medical requirements.
• Formulating a logical legal strategy tailored to meet the specific needs of the client.
• Collecting evidence for the case, such as witness testimonies, photographs, medical records, and a comprehensive record of injury-related expenses, in order to establish negligence and quantify damages.
• Negotiating a fair settlement with the insurance company.
• Adhering to crucial filing deadlines and fulfilling all necessary court procedures for the case.
• Conducting witness depositions and assessing the evidence presented by the defendant’s legal representatives.
• Litigating the case in court.
• Assisting clients in managing debt collectors during the ongoing legal process.
• Addressing the intricacies of settlement arrangements or award disbursements.
• Representing the client in the event of an appeal, should either the client or the defendant choose to contest the court’s decision.

Nevada’s Personal Injury Laws 

When initiating a personal injury lawsuit in Nevada, individuals have the alternative of filing a legal action if they prefer, in addition to the usual process of filing a claim and pursuing a settlement through the responsible party’s insurance. To file a personal injury lawsuit in the state, certain requirements need to be met.

• In Nevada, the general time limit for filing personal injury claims is two years, starting from the date of the injuries. It’s important to note that there are exceptions to this rule, such as lawsuits involving governmental agencies, which may have different deadlines. Your lawyer will be able to provide specific information regarding the filing deadlines in your case.
• Nevada follows a modified comparative fault rule, allowing you to seek damages even if you bear some responsibility for the accident, as long as you are less than 50 percent at fault. However, the amount of damages you receive will be reduced by the percentage of blame attributed to you. For instance, if you are found 30 percent at fault, your awarded damages will be decreased by 30 percent.
• In most personal injury cases, there is no specific limit on the amount of compensation an accident victim can receive. However, there are certain exceptions to this rule. For instance, in medical malpractice cases, non-economic damages for pain and suffering are capped at $350,000. Damages recovered from a state government employee acting within their employment scope are limited to $100,000. Additionally, punitive damages may be capped at $300,000 in certain cases.
• Regarding dog bite cases, the owner may be held liable if it can be proven that they were aware or reasonably should have known that their dog had a tendency to bite. This concept, often referred to as the “one bite rule,” means that if the dog has previously bitten someone, the owner is aware of its vicious nature and can be legally held responsible if it bites again.
• To obtain compensation through a personal injury lawsuit in Nevada, the plaintiff must demonstrate the defendant’s negligence. This can be established by proving three key elements: 1) The defendant owed a duty of care to the plaintiff. 2) There was a breach in the defendant’s duty of care. 3) The breach directly caused the accident that resulted in damages to the plaintiff.

Recovering Damages in a Personal Injury Claim

Compensation resulting from a personal injury claim can encompass various types of damages, including:

1. Economic damages: These cover tangible financial losses such as medical expenses, property damage, costs of short and long-term care, physical therapy, diagnostic tests, lost wages, and the loss of potential future earnings.
2. Non-economic damages: These are intangible losses and include pain and suffering, scarring, inconvenience, loss of limb or bodily function, and the diminished enjoyment of life.

In cases where the defendant’s actions were particularly reckless or intentional, there may be an option to pursue punitive damages. However, there are limitations on punitive damages. They cannot exceed three times the amount of compensatory damages (economic and non-economic), or $300,000 if the compensatory damages are below $100,000. It’s important to note that there is no cap on punitive damages in cases involving defective products, hazardous materials, or bad faith insurance claims.

Information You May Want to Know About Personal Injury Lawyers

Experiencing an injury due to someone else’s negligence can be an incredibly frustrating ordeal. Regardless of the cause of your injury, your suffering is significant, and it’s essential to ensure that the responsible party is held accountable.

The most effective way to achieve this is by consulting with a reliable personal injury lawyer. Collaborating with a compassionate yet assertive attorney specializing in personal injury is crucial in your journey towards recovery and obtaining the justice you deserve.

• Determining who is at fault for your injuries relies on the specific circumstances surrounding the incident. Common causes of injuries include:

1. Workplace accidents
2. Car accidents
3. Slip and fall incidents
4. Products liability cases

• If you sustain injuries while at work, your employer’s workers’ compensation insurance should provide assistance. However, it’s important to note that workers’ compensation may not cover all your medical expenses. Therefore, it is crucial to seek guidance from an experienced personal injury lawyer who can navigate the complex process ahead and ensure your rights are protected.
• The compensation you may receive depends on the nature of your injuries. We will fight for various general damages, which may include:

1. Lost wages
2. Loss of companionship
3. Emotional distress
4. Medical bills
5. Future costs

• Assessing future costs can be challenging for many clients. While existing medical expenses are tangible and can be readily calculated, estimating future expenses requires expertise. This is where an experienced personal injury lawyer becomes invaluable. They possess the knowledge to evaluate your future expenses accurately and strive to ensure that you are adequately compensated, relieving you of the burden of paying for injuries you did not cause.

Insurance companies often exploit the uncertainty surrounding future costs by offering quick settlement offers. They anticipate that you are primarily concerned with your current medical bills. However, these low-ball settlement offers rarely include sufficient funds to cover your future expenses. Moreover, accepting such an offer may waive your right to pursue a claim against the insurance company in the future, leaving you without the necessary funds to cover your bills.

• The value of your claim is a commonly asked question, but there is no easy or quick answer. It depends on factors such as the extent of your injuries, the amount of work you have missed, and numerous other considerations. By working with us, we will help you determine the full value of your claim and vigorously negotiate with the insurance company to ensure you receive the appropriate compensation. If the insurance company refuses to offer a reasonable settlement, we are fully prepared to take your case to trial to ensure you receive the compensation you deserve.

• How long it takes to resolve your personal injury case depends on various factors:

1. Severity of your injuries
2. Duration of time you are unable to work
3. Impact on your quality of life due to the injuries
4. Type of injuries sustained

The complexity of your case also plays a significant role in determining the time required for resolution. Complex cases, such as commercial trucking accidents involving multiple parties, may take longer to settle compared to regular car accidents involving two drivers and two insurance companies.

To accurately assess the complexity and timeline of your claim, it is essential to consult with an experienced personal injury lawyer who can conduct a thorough evaluation of your case. It’s important not to delay, as there is a time limit for bringing a claim after the accident.

• If you prefer not to go to court, rest assured that in most cases, it is possible to reach a resolution without litigation. We diligently work towards settling your case before it reaches the courtroom. However, if litigation becomes necessary, we will be there to guide you through the process. It’s important to note that only a small number of personal injury claims actually go to court.
• Determining whether you have a case depends on the specific facts surrounding the incident. Seeking the opinion of an accident attorney is crucial in evaluating the viability of your case. In Nevada, you must be no more than 51% at fault to recover damages. Police citations may not always reflect fault accurately, and testimony from all witnesses is essential in proving your case.
• Regarding your wrecked car, an insurance adjuster will assess the damage. It’s important not to repair or authorize repairs until the evaluation is complete. If your car is in a specific location like a home, body shop, tow yard, or impound, the adjuster may need permission to examine it.
• If you require a rental car, you are entitled to one. The responsible party should provide a similar car from the day of the accident until your car is repaired or deemed totaled. Rental coverage terminates once the finance company (lien holder) is paid off. 
• Medical expenses are typically the responsibility of the patient. However, in cases of negligence, another party may be liable for those expenses. Common methods of payment for medical treatment include health insurance, automobile medical payments coverage, and medical liens.
• Under Nevada law, insurance companies are not permitted to raise rates for accidents that are not the insured’s fault. It is crucial to report the accident to your insurance company, regardless of fault, as failure to do so may result in a denial of coverage.
• If you do not have medical insurance, you can still receive medical care after an accident. Some doctors and hospitals may offer treatment on a lien basis, where payment is made on credit, depending on the medical provider and the liability issues involved in your case.
• If the hospital advises against billing your health insurance due to the accident-related nature of the case, it is false information. A contracted provider is required to treat you for accident injuries and must bill your health insurance if instructed to do so. While the health insurance may have a right of repayment from the opposing party (known as the right of subrogation), using your health insurance allows you to benefit from the contracted discount price.
• The timeframe for filing a claim depends on the specific type of case, and it is crucial to consult with an attorney before making any decisions. Different tort cases have different time limits, known as the statute of limitations. In Nevada, regular negligence cases have a two-year limitations period, but there are legal reasons why this time may be extended. Medical malpractice cases have a one-year limitations period, with potential extensions. It is essential to seek advice from an injury attorney promptly to protect your rights and avoid losing the opportunity to file a claim.