Filing a Personal Injury Claim
Insight from Las Vegas Personal Injury Attorneys
It is normal to be concerned about not getting the rightful compensation
that you deserve for your injuries and the losses associated with an injury
accident in Nevada. It may be a wise decision to get in touch with a knowledgeable Nevada
personal injury attorney who can advise you on the best possible action.
To hold reckless or negligent individuals legally responsible for the
damages and consequences they caused, injured victims can file a personal
injury claim. However, this process is more challenging than most people
realize. An injury victim will have to provide proper evidence and build
a strong case that proves liability for the accident in addition to the
fact that an injury was sustained. Most importantly, the injury victim
will have to prove that his or her injury was directly caused by another’s
Having an experienced and aggressive attorney on your side can make the
difference between winning your case and walking away with less than you deserve.
Nevada's Modified Comparative Fault Law
Nevada follows what is called a modified
comparative fault rule, which is also referred to as a 51 percent rule. Under Nevada Revised
Statute 41.141, an injured victim can only recover compensation if it
is concluded that their fault in the accident does not reach 51 percent.
If the injured victim's fault is less than 50 percent, they may recover
compensation, but the amount is reduced by the degree of their fault in
the accident. However, if it is found that the victim's fault was
over half of the injury accident, they are barred from receiving compensation.
It is of the utmost importance to have a reputed
Nevada personal injury attorney working on your behalf to help assess legal responsibility for the accident
in order for you to receive the compensation you deserve.
Damages Sought in a Nevada Personal Injury Claim
No two personal injury cases are the same; therefore, there is no standard
amount of compensation that personal injury victims receive. The amount
of money you can win in your case greatly depends on the severity of your
injuries, the circumstances of the accident, and how your life has been
affected on a physical, emotional, and financial scale. Some of the most
common types of damages that are often provided to a person who has filed
a Nevada personal injury claim include:
Medical costs (hospital stays, surgical procedures, physical therapy, medication, etc.)
for the injury caused by the accident;
Loss of earnings as the victim recovers and must take time off of work;
- Future expenses and loss of quality of life associated with a disability
or disabilities endured as a result of the accident;
Damage to a vehicle and costs of repair if the injury was sustained in a Nevada
car accident; and
Pain and suffering.
Deadline for Filing a Personal Injury Claim
The time limit or deadline for filing a personal injury claim is referred
to as the "statute of limitations." Injury victims already have
enough on their minds than to also worry about filing a claim; however,
victims only have so long to do so before they can never pursue compensation
for their losses. The statute of limitations for a personal injury claim
in Nevada is two years. Delaying in filing a personal injury claim is
one of the worst things an injury victim could do. This not only lets
the negligent party get away with their wrongdoing, but it depletes the
chances of obtaining money for damages that aren’t the victim’s
fault, but yet, must be accounted for.
After a Nevada Accident
It is important for injury victims in Nevada to be familiar with what they
should do after suffering an injury in an accident caused by the negligent
or reckless actions of another. Here are some critical steps to follow:
- Be sure to write down all the details of the accident from the time of
day it took place to the location. It is also a good idea to describe
in writing the events leading up to the accident, the details of the accident
aftermath, and the names of all parties involved.
- It’s beneficial to get contact and insurance information from people
involved in the accident and to provide them with your information as
well. Also, don’t hesitate to get information from anyone who witnessed
- Take photographs of the scene of the accident and of the injuries sustained,
even if you use the camera on your cell phone.
- Do NOT neglect to obtain medical attention right after the accident to
ensure that you are in fact okay and also to document the injury.
Call a dedicated
Las Vegas personal injury lawyer who will protect your rights while working hard to ensure you receive
the compensation you need.
The dedicated personal injury attorneys in Nevada at Shook & Stone
offer quality legal counsel and representation to individuals who have
suffered an injury due to another's negligence in Nevada. For years,
we have been helping accident victims obtain full and just compensation
for pain and suffering, medical bills, lost wages, and other damages.
Please call us today at (888) 662-2013 for a no-cost initial consultation
regarding your Nevada personal injury claim.