What Is Negligence?
We all owe a duty of reasonable care to others in our orbit. Personal injury law in Henderson and elsewhere is based on holding a negligent party liable for the damages they cause to others. Proving negligence and liability requires showing that the case meets the following legal tenants of liability.
- Duty of Care: The first step in proving negligence requires showing that the at-fault party owed a duty of care to the injury victim, such as a driver’s duty to follow traffic laws or a property owner’s duty to repair a slip-and-fall hazard.
- Breach of Duty: Your attorney from Bay Law will document evidence showing that the at-fault party breached their duty of care through an act of negligence.
- Causation: A successful claim requires proof that the at-fault party’s breach of duty directly caused injury to someone else.
- Damages Occurred: Finally, the injury victim must show that they experienced significant damages from the injury, including economic damages and non-economic damages like pain and suffering.
How Do I Prove My Case?
Proving negligence in a personal injury case in Henderson or elsewhere in Nevada requires documenting compelling evidence of the at-fault party’s liability. The injury victim has the burden of proving the at-fault party’s negligence through a preponderance of the evidence. This means showing that it’s more likely than not that they caused the injury.
Then the injury victim must prove that they’ve suffered damages like medical expenses, lost wages, and pain and suffering. This is accomplished through an in-depth investigation and clear documentation of evidence presented to the at-fault party’s insurance company, such as auto insurance after a car accident or medical malpractice insurance after a medical malpractice injury.
What types of Injuries are Involved in Personal Injury Claims in Henderson?
Some injuries are mild and fully recoverable, with limited damages such as a single emergency room bill and a few days of missed pay. Others cause lifelong disability or impairment. Either way, if someone else caused the injury, you don’t have to be held responsible for the financial repercussions as well as the physical pain. Common injuries named in Nevada personal injury cases include:
- Neck injuries
- Back injuries
- Fractures
- Traumatic brain injuries
- Spinal cord damage
- Traumatic limb loss
- Lacerations, contusions, and abrasions
- Soft-tissue injuries like sprains, strains, and torn ligaments
- The loss of one of the senses
- Internal organ damage
- Burns
- Facial trauma
- Illness from toxic exposure
- Medical malpractice injuries
When a person suffers an injury that requires medical treatment and interferes with their ability to earn a living and accomplish routine daily tasks either temporarily or permanently, they can recover compensation in a personal injury claim in Henderson if another individual or business caused the injury.
What Should I Do After an Accident?
If an injury is severe and leaves you unconscious or incapacitated, you may be unable to do little other than wait for help; however, if you or a companion with you can use a cell phone safely, you can begin taking purposeful action to protect yourself physically and financially by doing the following:
First, call 911 to report the accident or injury and request an ambulance or arrange transportation to an emergency room or urgent care center as soon as possible
Then, use the phone’s camera to take photos of the accident scene, including anything that caused or contributed to the injury, such as the damaged vehicles in a car accident or a broken balcony railing after a fall
Take photos of any visible injuries
Add the contact information of anyone involved, such as other drivers or a business owner
If nearby surveillance cameras might have captured the incident, ask for them to be kept as evidence
Ask for a police report after a car accident or an incident report if the injury occurred in a commercial business
Always go directly to a hospital or other medical facility as soon as possible. This ensures that you receive the emergency treatment you need and also provides documented evidence that your injuries occurred in the accident or incident. Ask the medical provider to perform a complete examination to ensure that they catch any injuries with delayed symptoms.
Then, get a detailed copy of your medical report. Finally, call a Nevada personal injury lawyer in Henderson at Bay Law Injury Attorneys before speaking with the at-fault party’s insurance company.
Why Work with Bay Law Injury Attorneys?
After an injury, medical bills quickly pile up. If you are unable to work, you may feel anxiety and distress in addition to the pain and suffering you’ve experienced. Beginning the personal injury claim process may provide light at the end of the tunnel. It helps to understand how this recovery process typically works.
While no two injuries and claims are exactly the same, most personal injury claims in Nevada proceed as follows:
- After hiring a personal injury lawyer from Bay Law Injury Attorneys, direct all communication with the insurance company to your lawyer.
- Your attorney will investigate all aspects of your injury to document evidence of the at-fault party’s liability to present to the appropriate insurance company—like a negligent driver’s auto insurance or a property owner’s liability insurance.
- Your attorney examines your medical report and hospital bills and consults with medical experts to get a full picture of the medical expenses you’re facing in the future, how much time you’ll miss from work, and the amount of pain you’re likely to experience until you reach the maximum medical improvement for your type of injury.
- The attorney presents a demand package with evidence of liability and your damages to the appropriate insurance company.
- A negotiation period occurs between your attorney and the insurance adjuster assigned to your case who has also investigated with the goal of protecting their company’s profits.
- Sometimes mediation sessions occur between all involved parties to attempt a settlement agreement.
About 95% of personal injury claims end with a settlement, but if the insurance company wrongfully disputes or denies your claim, or seriously undervalues the amount of your settlement, the case may proceed to court for litigation before a judge and jury.
What Damages are Available After an Injury?
The civil court system allows injury victims to recover compensation for an injury to their “person” through a personal injury lawsuit against the responsible party as a means of redress for damages caused by someone else. Common damages recovered in Nevada personal injury claims include the following:
- Reimbursement for medical expenses
- Future medical care costs
- Lost earnings
- Future income loss
- Diminished future earning capacity
- Compensation for pain and suffering
In many cases, other damages apply to individual cases. Depending on the circumstances, an injury victim could recover compensation for damages such as disfigurement, loss of limb, loss of vision or hearing, the loss of an organ, PTSD, or diminished quality of life.
If an injury caused by someone else results in death, close family members may recover compensation in a personal injury-wrongful death claim.
How Long Do I Have to File a Claim in Henderson, Nevada?
When you suffer a serious injury, it may take months to understand the full scope of the physical and financial damages caused by the injury. Some injury victims wonder if it’s too late to file a claim once they realize the extent of their damages later.
Nevada’s statute of limitations for personal injury claims is two years from the date of the injury. It’s best to file a claim as soon as possible once the damages become clear so your attorney has time to investigate and negotiate for a settlement. If the case requires court, your attorney must file the lawsuit petition within two years of the injury date.
Are There Exceptions to the Two-Year Statute of Limitations for Personal Injury Claims in Nevada?
In limited circumstances, the court may extend (toll) the two-year time limit. For example, in the following cases:
- Underage injury victims have up to two years from their 18th birthday to file a claim
- If an injury victim is unconscious or incapacitated after an injury, the statute of limitations begins on the date they recover their cognitive abilities
- If an injury is diagnosed on a later date, the statute of limitations begins on the date of the discovery or when the injury victim should reasonably have discovered the injury
- If an at-fault party isn’t identified, the state may begin the statute of limitations on the date they are identified or apprehended
If you have questions about how the statute of limitations impacts your case, speak to your personal injury lawyer at Bay Law Injury Attorneys.
Common Tactics Insurance Companies May Use Against an Injury Victim in Nevada
The insurance industry is made up of private companies that protect their profits at your expense whenever possible. After an accident, the insurance company of the at-fault party assigns an adjuster to the case with the intention of minimizing the amount they have to pay out on the claim or denying it completely.
They do this by assigning injury victims an unfair percentage of fault for the injury so they can reduce their payout by that percentage under the state’s comparative negligence insurance laws.
The insurance company may also record your phone calls and use your words out of context against you, deny that your doctor’s recommended treatment is necessary, or delay progress on your case in the hopes that you’ll accept a lowball settlement offer when they finally make one.
It takes an experienced personal injury lawyer in Nevada to counteract these common insurance company tactics and seek the maximum damages available.
Call The Personal Injury Lawyers in Henderson Who Are Ready To Help
Because insurance companies often protect their profits at your expense, it’s always beneficial to hire an experienced personal injury lawyer to navigate your claim in a way that increases your chances of obtaining the maximum compensation available to you.
Contact us at Bay Law Injury Attorneys today for a free evaluation of your case so we can take prompt action on your behalf.
