Filing A Personal Injury Claim
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Insight from our Personal Injury Attorneys on Filing a Personal Injury Claim
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 negligent actions.
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.
Deadline for Filing a Personal Injury Claim
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 the accident.
- 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 (702) 570-0000 for a no-cost initial consultation regarding your personal injury claim.